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Articles 541 - 570 of 624
Full-Text Articles in International Law
Extraterritoriality: A Candian Perspective, Allan E. Gotlieb
Extraterritoriality: A Candian Perspective, Allan E. Gotlieb
Northwestern Journal of International Law & Business
Extraterritoriality, or "ET" as it is known in the trade, has long been a controversial subject in international law. In recent years, several dramatic examples of its application have raised its profile considerably. Perhaps the most glamorous treatment of extraterritoriality is E.T., the recent fil abou the dilemmas an unusual creature faces when he finds himself trapped in a foreign jurisdiction.
Williams V. Shipping Corp. Of India And Rex V. Cia. Pervana De Vapores, S.A.: The Seventh Amendment And The Foreign Sovereign Immunities Act Of 1976, Barbara A. Adams
Williams V. Shipping Corp. Of India And Rex V. Cia. Pervana De Vapores, S.A.: The Seventh Amendment And The Foreign Sovereign Immunities Act Of 1976, Barbara A. Adams
Northwestern Journal of International Law & Business
Suits against foreign sovereigns and their agents or instrumentalities are being brought in increasing numbers by American citizens and businesses in the United States court to resolve legal disputes, both at the federal and state levels. Although formerly absolutely prohibited, suits against foreign sovereigns acting in various commercial and business capacities have been allowed in the United States since the 1940s. In response to both the multitude of foreign policy and legal problems, and the general confusion arising out of the attempts by the executive and judicial branches of government to decide whether foreign sovereign immunity should be granted in …
United States/Common Market Agricultural Trade And The Gatt Framework, Simon Dodds
United States/Common Market Agricultural Trade And The Gatt Framework, Simon Dodds
Northwestern Journal of International Law & Business
The Western World is suffering from its worst recession since the depression of the 1930s. While many nations have been successful in reducing inflation, the level of unemployment continues to rise appreciably. Western governments have shielded domestic industries from foreign competition in an effort to preserve jobs. Political pressures have prompted those governments to fix the blame for their countries' economic ills on foreign culprits. They have turned away from international free trade and sought political salvation in protectionist policies. The international economic system has undergone severe strain.
Appellations Of Origin: The Continuing Controversey, Lori E. Simon
Appellations Of Origin: The Continuing Controversey, Lori E. Simon
Northwestern Journal of International Law & Business
Appellations of origin (appellations d'origine) are geographical denominations that indicate a product's origin, as well as particular distinctive and renowned qualities associated with the location. Because of the singularity of these titles, the disparity in national laws, and the potential for infringement of the rights associated with the names, protection of appeallations of origin continues to be a controversial topic in international trade law. The debate over protection of appellations of origin primarily stems from conflicting national economic interests and divergent fundamental conceptions of the purpose of protecting trade names. It is entangled further by cultural, linguistic, and historical differences …
United States International Communications And Information Policy: A Crisis In The Making?, Dante B. Fascell, Virginia M. Schlundt
United States International Communications And Information Policy: A Crisis In The Making?, Dante B. Fascell, Virginia M. Schlundt
Northwestern Journal of International Law & Business
The arrival of the highly-touted "information age" may precipitate a crisis for the United States if attention is not directed toward the impact of rapidly-changing communications technology on the American economy and society. Most discussions about the implications of the information age have centered on specific problem areas - such as regulation of transborder data flows, allocation of radio frequencies and deregulation of telecommunication services. This Perspective, however, will attempt to provide a cohesive discussion by examining the components of United Stats international communications and information policy, demonstrating their interrelationships, and pinpointing some of the implications of a failure to …
Worker Adjustment Assistance: The Failure & The Future, Steven T. O'Hara
Worker Adjustment Assistance: The Failure & The Future, Steven T. O'Hara
Northwestern Journal of International Law & Business
Free trade has long raised the specter of job loss to a wide range of American workers, particularly in periods of recession. Today, with the weakening of free-trade supporters, and the corresponding protectionist pressure mounting, Congress may be taking its eye of the long term benefits of free trade and focusing instead on the short-term, politically attractive benefits of protectionism. This Comment argues, however, that protectionism will in fact add many new faces to America's unemployment lines, and prolong the world recession - for protectionism invites retaliation, and no nation is so insulated from the world economy that it can …
Recent Development In Insider Trading Through Swiss Bank Accounts: An End To The "Double Standard", Jonathan Levin
Recent Development In Insider Trading Through Swiss Bank Accounts: An End To The "Double Standard", Jonathan Levin
Northwestern Journal of International Law & Business
In recent years, the Securities and Exchange Commission (SEC) has increased its efforts to combat insider trading in publicly-traded securities in order to ensure fairness, honesty, and confidence in the United States securities markets. Nevertheless, insiders continue to employ Swiss banks as a conduit for their trading activie with little fear of detection.
Book Review: The Law And Organisation Of International Commodity Agreements By Kabir-Ur-Rahman Khan
Book Review: The Law And Organisation Of International Commodity Agreements By Kabir-Ur-Rahman Khan
Northwestern Journal of International Law & Business
One wonders why a book that addresses a seemingly dead subject would be published now. Thus, the appearance on my desk of Kabir-ur-Rahman Kahn's book came as something of a surprise, particularly since I believed that I was the only other person in the history of humanity to devote book-length energy to the general subject of law and policy in intergovernmental primary commodity agreements. I was delighted, to say the least, to see that interest in the subject of primary commodity organizations had not faded away with the expansive dreams of the Common Fund. On the contrary, this new work …
An Overview Of The Japanese Legal System, Elliott J. Hahn
An Overview Of The Japanese Legal System, Elliott J. Hahn
Northwestern Journal of International Law & Business
Trade between the United States and Japan is growing at such a rapid pace that it is incumbent on those involved in private international law to be well-versed in the Japanese legal system. This Article is inteded to be of service to one weeking an overview of that system. The basic lesson for the reader is that the legal system is that the legal system of Japan differs significantly from that of the United States. This difference arises from disparate views of Americans and Japanese as to the fundamental purpose of a legal system. Upon reflection, it is perhaps not …
Japanese Labor Relations And Legal Implications Of Their Possible Use In The United States, Marcia J. Cavens
Japanese Labor Relations And Legal Implications Of Their Possible Use In The United States, Marcia J. Cavens
Northwestern Journal of International Law & Business
Current economic conditions have led many United States companies to search for ways of regaining competitive positions in international markets. Japan's enviable succes in international trade suggests several possible remedies, one of which is development of more harmonious labor-management relations. Some commentators have opposed the application of these cooperative labor practices in the United States, claiming that cultural differences are insurmountable. Japanese-style labor relations, however, have been implemented in the United States, either by conscious imitation, or though similar, domestically developed systems termed quality of worklife and participative management programs. Speculations about and experiments with Japanese labor relations have become …
Investing In Nigeria - The Law, Good Intentions, Illusion And Substance, Richard J. Faletti
Investing In Nigeria - The Law, Good Intentions, Illusion And Substance, Richard J. Faletti
Northwestern Journal of International Law & Business
The Journal has expressed concern whether the New Year's Eve coup d'etat in Nigeria may not have made obsolete the contents of this article. The mechanical workings of government in Nigeria are handled by a massive civil service bureaucracy. A new government will replace ministers and possibly permanent secretaries, but it will go no further. Many of the procedures, regulations and laws discussed within were put in place by the previous military government prior to 1979, were continued by the elected government, and will not be terminated by the new military government. I am convinced that bureaucratic life will go …
Energy Policy: A Norwegian Perspective, Tore Tonne
Energy Policy: A Norwegian Perspective, Tore Tonne
Northwestern Journal of International Law & Business
Few countries in the industrialized West are more energy directed than Norway. Whereas most nations have paid particular attention to the relationship between their economic growth and the consumption of energy, Norway has to a high degree based her industrialization and economic growth on the exploitation of indigenous energy resources. Therefore, establishing principles of developing and using energy resources has been an important political topic in Norway since industrialization gathered headway near the turn of the century.
Trademark Licensing Agreements Under The Eec Law Of Competition, Rene Joliet
Trademark Licensing Agreements Under The Eec Law Of Competition, Rene Joliet
Northwestern Journal of International Law & Business
A vast amount of legal literature has addressed the problem of restrictive patent licensing under Article 85 of the EEC Treaty and a substantial number of decision illustrate the EC Commission's policy on that patent-antitrust issue. In contrast, trademark licensing agreement have hardly caught the attention of legal writers and the Campari case of 1977 is the only decision that deals with them. Such paucity of case law is surprising for two reasons. First, trademark licensing agreement are fairly common business practice in sectors such as beer, soft drinks, aperitifs, chocolate, cigarettes, or clothing; and second, several appliations for exemption …
Some Aspects Of The Decision-Making Process In The European Communities, Francis Crijns
Some Aspects Of The Decision-Making Process In The European Communities, Francis Crijns
Northwestern Journal of International Law & Business
The European Community finds itself in a state of almost permanent crisis as the process of integration continues to stagnate; all of its noble objectives still be be realized; and since 1958, bedevilled with many new problems, especially in the areas of environmental and energy policy. Furthermore, the socio-economic sitaution has changed fundamentally with the enlargement of the Community to ten member states in 1981 which has weakened rather then strengthened the possibliities to cope with these difficulties. In addition to these general considerations, institutional factors, such as the procedures according to which decisions are made in the Communities and …
Lawyers And Diplomats: Some Personal Observations, William Jr. Bodde
Lawyers And Diplomats: Some Personal Observations, William Jr. Bodde
Northwestern Journal of International Law & Business
The American Experience has prove wrong de Tocqueville's contention that lawyers and missionaries make poor diplomats. Our diplomatic history is rich in successful and prominent lawyer-diplomats, demonstrating that even such a perceptive and sensitive observer of the American scene as the French historian could be mistaken.
Book Review: The New Nationalism And The Use Of Common Spaces: Issues In Marine Pollution And The Exploitation Of Antartica
Northwestern Journal of International Law & Business
As attention focuses upon the Antartic continent and other common international spaces as possible targets for development, decisionmakers mut be sensitive to the myriad, complex problems involved with such development. The development of Antartica, the subject of this study, must be attempted only after careful though and must progress incrementally. Two tensions, however, operate to distract us from studied development. They are resource scarcity and growing nationalism.
Agency Law In The Arabian Peninsula And North Africa, Paul Homsy
Agency Law In The Arabian Peninsula And North Africa, Paul Homsy
Northwestern Journal of International Law & Business
This article examines the agency laws of Algeria, Egypt, Iraq, Jordan, Kuwait, Saudi Arabia, and the United Arab Emirates. These countries were chosen because they are representative of the different legal approaches to the regulation of agents in the Middle East. For example, Algeria and Iraq, which have state controlled economies, severely restrict the use of agents. Egypt has significantly relaxed state controls on its economy during the last decade and, in general permits the use of agents while retaining few restritions on their use in the sale of certain commodities. Saudi Arabi's free enterprise economy is dominated by public …
Title V Of The 2nd Lome Convention Between Eec And Acp States: A Critical Assessment Of The Industrial Cooperation As It Relates To Africa, Ndiva Kofele-Kale
Title V Of The 2nd Lome Convention Between Eec And Acp States: A Critical Assessment Of The Industrial Cooperation As It Relates To Africa, Ndiva Kofele-Kale
Northwestern Journal of International Law & Business
On October 31, 1979, representatives from fifty-eight African-Caribbean-Pacific (ACP) and nine European Economic Community (EEC) States signed the second Lome Convetion. This agreement will govern the technical, commercial, and financial relations between the two groups of countries from March 1, 1980 through February 28, 1985. Lome II is the fifth in a series of conventions concluded between the EEC countries and the developing nations of Africa, the Caribbean, and the Pacific. Like its predecessors, Lome II was designed to "establish a model for relations between developed and developing states," and lay the foundation for a "New International Economic Order." Toward …
A Method For Analyzing The Effect Of Competition On Restricting Imports, Benjamin I. Cohen
A Method For Analyzing The Effect Of Competition On Restricting Imports, Benjamin I. Cohen
Northwestern Journal of International Law & Business
The President is authorized, pursuant to Section 203 of the Trade Act of 1974, to restrict imports of a commodity when these imports are the principle cause of injury to United States firms producing the same article. In such an "escape clause" proceeding, the President is to take into account, inter alia, "the effect of import relief on consumers... and on competition in the domestic markets for such articles."
Mca, Inc. V. United States: Judicial Recognition Of The Separate Interests Theory, Daniel N. Zucker
Mca, Inc. V. United States: Judicial Recognition Of The Separate Interests Theory, Daniel N. Zucker
Northwestern Journal of International Law & Business
For United States federal tax purposes, the classificaiton of an entity as a partnership or a corporation has significant ramifications, particularly with respect to entities in foreign countries. Classification is especially important to the owners - whether shareholders or partners - of the entity because the question of whether they are taxed on their share of the profits or only upon repartriation will often depend on how the entity, set up under foreign law, is recognized by the Internal Revenue Service (Service). While entity classification in the domestic area has always been vulnerable to challenge, foreign entities face an additional …
Perspectives On Foreign Banking In The United States, Henry C. Wallich
Perspectives On Foreign Banking In The United States, Henry C. Wallich
Northwestern Journal of International Law & Business
Foreign banking has had a great expansion in the United States. This evolution has been accompanied by a variety of questions and concerns on the part of the public, American legislators and regulators, and American bankers. Many of these concrns have been allayed by the passage of the International Banking Act. Some nevertheless remain. To evalute them, I will begin by setting forth the benefits that foreign banks have brought to the United States. Then I will take a look at the principles that have guided and, I believe, should continue to guide United States' policy in this regard.
Exports, Banking And Antitrust: The Export Trading Company Act - A Modest Tool For Export Promotion, George E. Garvey
Exports, Banking And Antitrust: The Export Trading Company Act - A Modest Tool For Export Promotion, George E. Garvey
Northwestern Journal of International Law & Business
There is an almost universally held perceptoin that expanded export trade is essential to a robust United States economy. President Carter, for example, stated in a report to Congress that export expansion is critical to the health of our economy. Huge balance of payments deficits in recent years, the increasingly successfuly and visible penetration of United States markets by foreign producers, and substantial unemployment in basic industry have all fuedl this concern. These conditions have led naturally to a two-pronged response by the public and members of Congress: first, the call for greater protection against foreign competition; and second, a …
Book Review: Eec Competition Law: Business Issues And Legal Principles In Common Market Antitrust Cases By U.P. Toepke
Northwestern Journal of International Law & Business
EEC competition law can be a strange and baffling creature for an observer familiar only with United States antitrust law. There is a tendency to make very straight-forward comparisons between these two systems. Each system is part of a federal structure of legal regulation which applies to practices capable of affecting trade between member states. In additiona, both the Sherman Act and the Treaty of Rome establish two-part scheme for regulation competition with different standards in judging agreements between firms on the one hand and the actions of monopolists or dominant firms on the other hand. Like sections 1 and …
United States International Competitiveness And Trade Policies For The 1980s, Dan Quayle
United States International Competitiveness And Trade Policies For The 1980s, Dan Quayle
Northwestern Journal of International Law & Business
A new wave of protectionism is upon us and its undertow, if not the wave itself, constitutes a serious threat to the Western alliance. This "neo-protectionism" differs from familiar past practices relying heavily on higher tariffs; it is more often charactierized by the use of more subtle ploys such as dumping, subsidization, and the erection of difficult marketing requirements for foreign traders.
Can Gatt Export Subsidy Standards Be Ignored By The United States In Imposing Countervailing Duties?, David Simon
Can Gatt Export Subsidy Standards Be Ignored By The United States In Imposing Countervailing Duties?, David Simon
Northwestern Journal of International Law & Business
Under United States law, the Department of Commerce (Department) and the International Trade Commission (ITC) are authorized to impose countervailing duties on imported merchandise that has been provided with foreign government export subsidies which result in, or threaten, material harm to United States industry. The United States is, however, a party to international agreements that contain elaborate "guidelines," and "illustrative" examples, dealing with both prohibited and permitted governmental export subsidies. These international export subsidy rules have been incorporated into the definition of "subsidy" set forth in United States countervailing duty law. Nevertheless, the Department evidently takes the positions that it …
Income Tax Treaty Shopping: An Overview Of Prevention Techniques, Kenneth A. Grady
Income Tax Treaty Shopping: An Overview Of Prevention Techniques, Kenneth A. Grady
Northwestern Journal of International Law & Business
The Internal Revenue Service in recent years has been particularly concerned about third-country residents use of bilateral income tax treaties to avoid paying tax on United States source income. Although third-country residents have benefitted from United States bilateral income tax treaties for more than twenty years, the loss of tax revenue from such unintended use was not considered a major problem. The recent proliferation of tax treaties between the United States and tax havens which resulted in an increased loss of tax revenues, however, has caused the Internal Revenue Service (IRS) to change its evaluation of the treaty shopping problem. …
What 'Counts' As Law?, Anthony D'Amato
What 'Counts' As Law?, Anthony D'Amato
Faculty Working Papers
A reader of jurisprudence might conclude that only philosophers raise the question whether international law may be said to exist or is really law. But in terms of frequency, the question is probably raised more often by governments and states that are not trying to be philosophical. The increasing attention being paid to the need for, and the procedures for, objective validation of rules of international law in a burgeoning literature of international law evidences the seriousness of the problem, the responsibility of scholars for careful scholarship in this area of legal theory, and ultimately the good possibility of generally …
Book Review: China's Economy In Global Perspective. By A. Doak Barnett
Book Review: China's Economy In Global Perspective. By A. Doak Barnett
Northwestern Journal of International Law & Business
China'a Economy in Global Perspective surveys China's prospects as it enters the international community in its quest for rapid economic expansion. In analyzing the changes in China's economic relations with foreign countires, Barnett ponders both the internal and international implications of China's new policies. Beginning with the changes in China's domestic policies, he shows how change in China's international economic relations have led to increased foreign trade and acquisition of advanced technology from abroad. Mr. Barnett then discusses the prospects for continued growth in China's foreign trade and absorption of new technology, as well as the problems and opportunities for …
Comity And The International Application Of The Sherman Act: Encouraging The Courts To Enter The Political Arena, Steven A. Kadish
Comity And The International Application Of The Sherman Act: Encouraging The Courts To Enter The Political Arena, Steven A. Kadish
Northwestern Journal of International Law & Business
In this article, Mr. Kadish discusses the comity analysis of Timberlane Lumber Company v. Bank of America, and examines what it involves, what it accomplishes, whether it is justified, and whether there are preferable alternatives to it. He concludes that the Timberlane analysis should rejected, or at least limited becauses its use to determine United States' court jurisdiction is at best questionable, because it violates traditional abstention doctrine and current Supreme Court and Congressional treatment of foreigners' activities, because there may be insurmountable practical difficulties in applying the analysis, and because the analysis encourages courts to enter the political arena.
International Trading Companies: Building On The Japanese Model, Robert W. Dziubla
International Trading Companies: Building On The Japanese Model, Robert W. Dziubla
Northwestern Journal of International Law & Business
Passage of the Export Trading Company Act of 1982 provides new opportunities for American business to organize and operate general trading companies. After presenting a thorough history and description of the Japanese sogoshosha, Mr. Dziubla gives several compelling reasons for Americans to establish export trading companies. He also examines the changes in United States banking and antitrust laws that have resulted from passage of the act and offers suggestions for drafting guidelines, rules, and regulations for the Export Trading Company Act.