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Northwestern Pritzker School of Law

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Articles 571 - 600 of 624

Full-Text Articles in International Law

The Companies Act, 1980: Its Effects On British Corporate Law, M. Freeman Durham Jan 1982

The Companies Act, 1980: Its Effects On British Corporate Law, M. Freeman Durham

Northwestern Journal of International Law & Business

The Companies Act, 1980, makes basic and important changes in the corporate law of Great Britain. It implements European Economic Community Second Directive on Company Law, and also extends regulations on director conflicts of interest, introduces prohibitions on insider dealing, requires directors to take employee interest into account, and facilitates minority shareholder access to the courts.


The Third United Nations Conference On The Law Of The Sea: Questions Of Equity For American Business, Marlene Dubow Jan 1982

The Third United Nations Conference On The Law Of The Sea: Questions Of Equity For American Business, Marlene Dubow

Northwestern Journal of International Law & Business

Three decades ago, the search for petroleum and natural gas moved to the ocean floor. Offshore exploration, modestly begun in shallow water, opened up a new frontier in petroleum exploration and exploitationwhich now extends to water depths beyond 1600 feet. Today, the seabeds off the shores of coastal countries supply approximately seven percent ot the world's oil and gas requirements. Yet only a small portion of the world's continental shelves have actually been tested for their natural resource potential, and exploration of the potential petroleum and natural gas supply of the deep seabed is still in its infancy.


The Promised Land: Analysis Of Environmental Factors Of United States Investment In And Development Of The Amazon Region In Brazil, Daniel P. Caswell Jan 1982

The Promised Land: Analysis Of Environmental Factors Of United States Investment In And Development Of The Amazon Region In Brazil, Daniel P. Caswell

Northwestern Journal of International Law & Business

This comment will look at the social, economic, and environmental situation pertaining to the Amazon region, the present regulation and policy, and foreseeable future trends, from three vantage points. The Brazilian perspective is one of conflicting interests, with the country's dramatic need for economic development balanced against its need to prevent the Amazon, its most valuable resource, from total destruction. The international perspective is one of increasing awareness of the global impact of the deforestation of tropical moist forests, and the need to develop and implement regional and international policies to manage this resource. The United States perspective considers the …


Scope Of Action Against Unfair Import Trade Practices Under Section 337 Of The Tariff Act Of 1930, J. Stephen Simms Jan 1982

Scope Of Action Against Unfair Import Trade Practices Under Section 337 Of The Tariff Act Of 1930, J. Stephen Simms

Northwestern Journal of International Law & Business

Section 337 of the Tariff Act of 1930 and general powers of the United States International Trade Commission (ITC) provide the Commissions with a range of actions in cases of unfair methods of competition or unfair acts involved in importation of articles or in their sale. This comment will discuss the actions available to the Commission under Section 337, and suggest how the Commission should apply them.


Enforcement Of Foreign Arbitral Awards In The United States, J. Stewart Mcclendon Jan 1982

Enforcement Of Foreign Arbitral Awards In The United States, J. Stewart Mcclendon

Northwestern Journal of International Law & Business

In this article, Mr. McClendon describes the requirements and procedures for enforcing arbitral awards in the United States. The author examines the provisions of both the New York Convention and the United States Arbitration Act. Mr. McClendon focuses on the substantive and procedural defenses to enforcement of foreign arbitral awards, and reviews the relevant United States case law.


Government Antitrust Actions And Remedies Involving Foreign Commerce: Procedural And Substantive Limitations, William C. Holmes Jan 1982

Government Antitrust Actions And Remedies Involving Foreign Commerce: Procedural And Substantive Limitations, William C. Holmes

Northwestern Journal of International Law & Business

In recent years, application of American antitrust laws to activities in foreign commerce has been a source of controversy. In this article, Mr. Holmes addresses criticisms directed at the application of the antirtust laws to commercial activities abroad, and argues that these criticisms, while not without some merit, often fail to recognize the procedural and substantive limitations which have recently been imposed upon government agencies. Mr. Holmes discusses these limitations at length.


Dumping Of Non-Factor Services: Some Implications Of Recent Experiences With Controlled-Economy Shipping, John A. Zerby, Robert A. Ellsworth, Austin L. Schmitt Jan 1982

Dumping Of Non-Factor Services: Some Implications Of Recent Experiences With Controlled-Economy Shipping, John A. Zerby, Robert A. Ellsworth, Austin L. Schmitt

Northwestern Journal of International Law & Business

Dumping generally brings lower prices to the consumers of the importing country, the benefit of which is dispersed throughout the economy unless it is outweighed by genuine injury to a domestic industry. The essential element in the regulation of dumping is, therefore, the problem of determining when injury is sufficient to justify remedial action. In the United States, and in many other countries, the standard for such determination have evolved from the notion that dumping is an example of price discrimination between countries. If a higher price in the exporting country can be traced to monopolistic control over the domestic …


Injury Standards In Section 337 Investigations, Brian G. Brunsvold, Charles F. Schill, Ursula Schwendemann Jan 1982

Injury Standards In Section 337 Investigations, Brian G. Brunsvold, Charles F. Schill, Ursula Schwendemann

Northwestern Journal of International Law & Business

In this article the authors analyze the impact of the Trade Act of 1974 on Section 337 cases. They focus on the standards the International Trade Commission (ITC) uses in making its injury determinations in Section 337 cases. The authors also address the limited nature of judicial review over final ITC determinations, and conclude that the enhanced role of the ITC in Section 337 proceedings brought about by the Trade Act of 1974 creates a need for private litigants to build a thorough record on the issue of actual or incipient injury in proceedings before the ITC


Modifying The Foreign Corrupt Practices Act: The Search For A Practical Standard, John W. Duncan Jan 1982

Modifying The Foreign Corrupt Practices Act: The Search For A Practical Standard, John W. Duncan

Northwestern Journal of International Law & Business

This comment will examine the Senate's proposed amendment to the FCPA, taking into consideration the resulting economic, political, and moral burdens. The first section reviews criticisms of the FCPA's accounting and anti-bribery provisions. The following section analyzes whether and how the Business Practices and Records Act (BPRA) addresses the FCPA's shortcomings. in addition, this comment discusses possible effects of the Senate's proposal on the possibility of a multilateral agreement on corrupt payments to foreign officials, and on purely private transactions.


Eximbank As A Public Enterprise: The Role Of Congress And The Executive Branch, Jordan Jay Hillman Jan 1982

Eximbank As A Public Enterprise: The Role Of Congress And The Executive Branch, Jordan Jay Hillman

Northwestern Journal of International Law & Business

Eximbank, a wholly-owned government corporation with the status of an independent agency, operates under the charter of the Export-Import Bank of 1945, as amended. In this article, which forms a part of his broader study of the Bank, Professor Hillman examines the influence of Congress and the Executive Branch on Eximbank's policies and decisions. He analyzes the development of the statutory provisions governing capitalization, operating (especially lending) standards and organizational structure, as well as budget status and annual program authority. He then takes up the influence of the executive branch, as exercised through the President's power to appoint principal officers …


International Law And Community Treaty-Making Power, Hans Van Houtte Jan 1981

International Law And Community Treaty-Making Power, Hans Van Houtte

Northwestern Journal of International Law & Business

The European Community, in addition to its power within the Community, may negotiate and conclude agreements with states and other international organizations. In his article, Mr. van Houtte examines the Community's utilization of its treaty-making powers under community law as well as under international law. He concludes that the Community will attain full international status when it utilizes its treaty-making power completely and assumes full and exclusive responsibility for it.


Symposium On The European Economic Community -- An Introduction, Dennis Thompson Jan 1981

Symposium On The European Economic Community -- An Introduction, Dennis Thompson

Northwestern Journal of International Law & Business

The editors of the Northwestern Journal of International Law & Business are to be congratulated for commemorating the 25th anniversary of the founding of the European Economic Community with this issue. This issue brings together many distinguished experts to deal with the very diverse legal consequences of the Rome Treaty. From these contributions it will be seen that the new legal order in Europe has taken firm root.


The Hague Conference And The Main Issues Of Private International Law For The Eighties, George A.L. Droz, Adair Dyer Jan 1981

The Hague Conference And The Main Issues Of Private International Law For The Eighties, George A.L. Droz, Adair Dyer

Northwestern Journal of International Law & Business

The Hague Conference on Private International Law has attempted, since its revitalization in the 1950, to unify the rules of private international law. The efforts of the Conference have in the past centered around the fields of civil procedure, conflict of laws, the international sale of goods, products liability and international family law. Messrs. Droz and Dyer review the history of the achievements of the Conference in these fields and reflect on the problems and opportunities the Conference will encounter in the 1980"s.


Providing Fair Conditions Of Competition Under The Free Trade Agreements Of The European Economic Community, E.J. Mestmacker Jan 1981

Providing Fair Conditions Of Competition Under The Free Trade Agreements Of The European Economic Community, E.J. Mestmacker

Northwestern Journal of International Law & Business

Professor Mestmacker analyzes the competition provisions of the Free Trade Agreements that the Community has negotiated with many of its trading partners. The direct applicability of these provisions by reference to the standards of Community law is considered and rejected Professor Mestmacker then develops the relevant standards for applying these provisions to commerce between the Community and its trading partners.


The Protection Of Trading Interests Act Of 1980: Britian's Response To U.S. Extraterritorial Antitrust Enforcement, Tina J. Kahn Jan 1980

The Protection Of Trading Interests Act Of 1980: Britian's Response To U.S. Extraterritorial Antitrust Enforcement, Tina J. Kahn

Northwestern Journal of International Law & Business

The extraterritorial enforcement of U.S. antitrust laws has long generated discontent between the United States and several European nations.1 While not alone in attributing extraterritorial jurisdiction to its antitrust laws, the United States is among the minority in this re- gard,2 joined only by the European Economic Community,3 Austria,4 and the Federal Republic of Germany.


Problem Areas Concerning Foreign Investment In U.S. Real Estate, John T. Jr. Allen, David B. Olaussen Jan 1980

Problem Areas Concerning Foreign Investment In U.S. Real Estate, John T. Jr. Allen, David B. Olaussen

Northwestern Journal of International Law & Business

Current problems related to foreign investment in real estate have a long and involved history. After a brief historical review, this per- spective will consider present limitations on alien ownership of real es- tate, inconveniences such as disclosure of ownership, and incidental administrative side effects which place the foreign investor in a differ- ent position than a U.S. investor.


Symposium: Transnational Issues In American Antitrust Law Jan 1980

Symposium: Transnational Issues In American Antitrust Law

Northwestern Journal of International Law & Business

On September 30, 1980, the United States Senate passed a bill that would establish a commission to study the international application of American antitrust laws.' The creation of this commission was prompted in part by the popular belief that the current application of U.S. antitrust laws impedes vigorous American export activity to the detriment of our competitive standing in world markets.2 On the other hand, several foreign nations, angered by extraterritorial application of U.S. laws, have recently enacted statutes that inhibit the ability of anti- trust plaintiffs in the United States to obtain discovery and to collect judgments. In this …


Inter-American Economic Cooperation In The 1980'S: The Need For A New U.S. Strategy, Abelardo L. Valdez Jan 1980

Inter-American Economic Cooperation In The 1980'S: The Need For A New U.S. Strategy, Abelardo L. Valdez

Northwestern Journal of International Law & Business

Progress in economic and social development by developing countries should not spell the end of US. bilateral assistance, argues Ambassador Valdez in this article. In recent years such progress has occurred in Latin America and the Caribbean to the extent that many of the nations of the region no longer qualify for assistance under theper capita income criterion tradition- ally employed by U.S. policy-makers. Ambassador Valdez explores the needfor continuing bilateral assistance, and then articulates why it is in the best interests of the United States to provide this assistance. He concludes by setting out the parameters of aforeign aidpolicy …


International Application Of American Antitrust Laws: Issues And Proposals, James A. Rahl Jan 1980

International Application Of American Antitrust Laws: Issues And Proposals, James A. Rahl

Northwestern Journal of International Law & Business

American antitrust policy in foreign commerce is once again under the pressure of complaints from at home and abroad.' It may seem anomalous that laws intended to protect competition are charged with impairing American "competitiveness," but that is the contention heard in Congress and in business quarters.2 Meanwhile, some foreign nations, including a few who have recently enacted new antitrust laws of their own, complain that our antitrust laws are too aggressive.3 Given the large amount of current discussion and the number of different proposals in Congress, careful study of the issues and of possi- ble solutions is certainly indicated.


The Need For A Thoughtful Assessment Of The Application Of U.S. Antitrust Law To International Transactions, Mark R. Joelson Jan 1980

The Need For A Thoughtful Assessment Of The Application Of U.S. Antitrust Law To International Transactions, Mark R. Joelson

Northwestern Journal of International Law & Business

It is commonly said that the United States antitrust laws are a cor- nerstone of our free enterprise system and our economic philosophy. It is another truism--one of more recent origin-that the most significant markets and arenas of competition today are the international ones. The daily business news bears out this conclusion. Yet one must also conclude that the relationship between these two indispensable features of our economic life-antitrust laws and international trade-is a troubled one which provides ample material for confusion, dispute and law review comment. Moreover, the debate over the application of United States antitrust law to international …


Continental Grain (Australia) Pty. Ltd. V.Pacific Oilseeds, Inc.: An Unjustifiable Expansion Of Subject Matter Jurisdiction In A Transnational Securities Fraud Case, Joseph A. Marovitch Jan 1980

Continental Grain (Australia) Pty. Ltd. V.Pacific Oilseeds, Inc.: An Unjustifiable Expansion Of Subject Matter Jurisdiction In A Transnational Securities Fraud Case, Joseph A. Marovitch

Northwestern Journal of International Law & Business

This note will suggest that the holding in Continental Grain repre- sents an unjustifiably expansive application of the conduct test. Recog- nizing the Second Circuit's expertise in the securities law area, this note will critically examine the case of that circuit, concluding that the Sec- ond Circuit would not have found jurisdiction under the conduct test on the facts of Continental Grain.' Next, SEC v. Kasser,8 a Third Cir- cuit case relied upon by the court in Continental Grain, will be criticized as an unwarranted expansion of the conduct test. Unwarranted or not, Kasser also could have been distinguished on …


Newly Revised Income Tax Treaty With France: A Breakthrough In U.S. Tax Treaty Law, Stephanie H. Simonard Jan 1980

Newly Revised Income Tax Treaty With France: A Breakthrough In U.S. Tax Treaty Law, Stephanie H. Simonard

Northwestern Journal of International Law & Business

In 1979, the United States and France revised their 1967 Income Tax Treaty Developed along the lines of the Organization of Economic Co-Op- eration and Development Model Convention, the revised Treaty adopts a unique method of calculating the U.S. foreign tax credit limitation. The re- vised Treaty changed the definition of "source" of income to permit the for- eign tax credit against what would otherwise be termed "U.S. source income. " In this article, Mrs. Simonard examines the revised Treaty and its effects on U.S. citizens residing in France


Mannington Mills, Inc. V. Congoleum Corp.: A Further Step Toward A Complete Subject Matter Jurisdiction Test, Walter S. Weinberg Jan 1980

Mannington Mills, Inc. V. Congoleum Corp.: A Further Step Toward A Complete Subject Matter Jurisdiction Test, Walter S. Weinberg

Northwestern Journal of International Law & Business

Jurisdiction of the American courts under the Sherman Act' has been extended to certain activities which take place outside of the United States. Such an extension is required by the inclusion of a for- eign commerce provision in the antitrust laws that states that restraints of trade or attempts to monopolize "among the several states, or with foreign nations" are violations of U.S. law. The exact reach of the Sherman Act to activities that take place within foreign nations or that involve foreign law is not clear. United States courts, however, generally have taken jurisdiction over foreign activities only when …


New Developments In The Foreign Tax Credit: The Treasury Department Attempts To Define And Income Tax, David F. Nitschke Jan 1980

New Developments In The Foreign Tax Credit: The Treasury Department Attempts To Define And Income Tax, David F. Nitschke

Northwestern Journal of International Law & Business

In order to alleviate the double taxation of income earned overseas by United States taxpayers, the Internal Revenue Code contains aforeign tax credit. This provision, which enables a taxpayer to credit certain foreign taxes he haspaid or accrued, has been reinterpreted recently by the Depart- ment of the Treasury. In this article, Mr. Nitschke discusses several 1978 revenue rulings andproposed regulations issued in 1979 that have altered the definition of aforeign tax that qualifies as an "income tax" and, thereby, have reduced signficantly the kind offorein taxes eligible for the credit. Upon examination ofprior rulings and case law, Mr. Nitschke …


The Foreign Sovreign Immunities Act: The Use Of Pre-Judgment Attachment To Ensure Satisfaction Of Anticipated Judgments, Craig J. Hanson Jan 1980

The Foreign Sovreign Immunities Act: The Use Of Pre-Judgment Attachment To Ensure Satisfaction Of Anticipated Judgments, Craig J. Hanson

Northwestern Journal of International Law & Business

The Foreign Sovereign Immunities Act of 19761 (FSIA) was designed to balance the interests of private litigants with commercial or tortious claims2 against foreign states3 with the interests of the United States in minimizing friction with foreign nations.4 The tightrope that the drafters of the Act' walked is nowhere more apparent than in the area of attachment of foreign sovereign assets and execution of judg- ment.


The Iranian Crisis And U.S. Law, Robert M. Mcgreevey Jan 1980

The Iranian Crisis And U.S. Law, Robert M. Mcgreevey

Northwestern Journal of International Law & Business

The Iranian crisis created a laboratory in which to examine theforeign affairspowers of the branches of the United States government. In this Arti- cle, Mr. McGreevey begins his analysis with a study of the litigation waged by Chase Manhattan Bank and other American parties for control of Ira- nian assets. Foreign sovereign immunity from pre-udgmaent attachment is an important issue in this litigation, and is treated in Part I Part III exam- ines the posture of the executive during the pendency of the assets litigation. The Article concludes with a discussion of the foreign affairs powers of the President in …


A New Uniform Law For The International Sale Of Goods: Is It Compatible With American Interests?, Martin L. Ziontz Jan 1980

A New Uniform Law For The International Sale Of Goods: Is It Compatible With American Interests?, Martin L. Ziontz

Northwestern Journal of International Law & Business

The prospects for adoption of a law gov- erning commercial' contracts for the international sale of goods should be of compelling interest to American merchants and their legal advi- sors. The text which was presented to the diplomatic conference in March was completed by the United Nations Commission on Interna- tional Trade Law (UNCITRAL) in 1978.1 Its eighty-two articles em- body the substantive revisions of a similar document that was rejected by the United States sixteen years ago'--the 1964 Hague Convention Relating to a Uniform Law for the International Sale of Goods


What Should Be The Agenda Of A Presidential Commission To Study The International Application Of U.S. Antitrust Law, Douglas E. Rosenthal Jan 1980

What Should Be The Agenda Of A Presidential Commission To Study The International Application Of U.S. Antitrust Law, Douglas E. Rosenthal

Northwestern Journal of International Law & Business

If the proposed Presidential Commission to study the Interna- tional Application of the U.S. Antitrust Law (Commission)' is to com- plete its work within the one year period contemplated and is to achieve more than a superficial gloss of a large and complex area, I believe it will be necessary for the Commission to concentrate its atten- tion on the conflicts between the four important goals of foreign eco- nomic policy.


Alcoa Steamship Co. V. M/V Nordic Regent: Narrowing The Scope Of Inquiry In Forum Non Conveniens, R. George Weitz Jan 1979

Alcoa Steamship Co. V. M/V Nordic Regent: Narrowing The Scope Of Inquiry In Forum Non Conveniens, R. George Weitz

Northwestern Journal of International Law & Business

Increases in the amount and complexity of international trade and changes in jurisdictional rules over the last thirty years have often resulted in American courts serving as forums for suits involving non-residents. Very often these suits are the result of transactions that have occurred abroad and may be governed by foreign law as well. Obvious difficulties confront a party compelled to defend in a foreign court. Problems such as unfamiliarity with the language or legal process, unavailability of witnesses, or expenses incurred in bringing evidence from another country have led foreign defendants to seek dismissal of suits on the grounds …


The Draft U.K./U.S. Judgments Convention: A British Viewpoint, P.M. North Jan 1979

The Draft U.K./U.S. Judgments Convention: A British Viewpoint, P.M. North

Northwestern Journal of International Law & Business

The United States and the United Kingdom are presently completing negotiations on an accord that will providefor the reciprocal recognition and enforcement of civil judgments. The negotiations have been the subject of considerable debate, the sharpest criticism being expressed by British exporters who fear that recognition of United States judgments in the United Kingdom will subject them to increased antitrust and products liability claims. Through an analysis of theproposed agreement against the existing statutory and common law rules, Commissioner North addresses these criticisms. He concludes that the additional burden of American judgments on English defendants created by the agreement does …