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Articles 211 - 240 of 453
Full-Text Articles in International Law
The Parameters Of The Attorney-Client Privilege For In-House Counsel At The International Level: Protecting The Company's Confidential Information, Joseph Pratt
Northwestern Journal of International Law & Business
The gaps in the privilege at the international level present a major problem for general counsel. In the worst case scenario, the company's own legal opinions could be used against it by a foreign tribunal. To reduce this risk, general counsel at multinationals should become familiar with the parameters of the attorney-client privilege at the international level and use this knowledge to devise strategies to protect the corporation's sensitive information in foreign jurisdictions. Part II of this comment begins by describing the roots of the modem attorney-client privilege in the United States and its extension to in-house counsel. This section …
Litigating Claims Over Foreign Government-Owned Corporations Under The Commercial Activities Exception To The Foreign Sovereign Immunities Act, Sunil R. Harjani
Litigating Claims Over Foreign Government-Owned Corporations Under The Commercial Activities Exception To The Foreign Sovereign Immunities Act, Sunil R. Harjani
Northwestern Journal of International Law & Business
First, this article will examine the way courts have dealt with suits against FGOCs claiming immunity under the FSIA. Second, this article will argue that obtaining jurisdiction over a FGOC has become relatively easy under the FSIA due to the way courts have applied the commercial activities exception in recent decisions. Third, this article will suggest methods for United States and foreign businesses to avoid difficulties in obtaining jurisdiction over FGOCs. Finally, this article will advocate that FGOCs should no longer be provided sovereign immunity under U.S. law.
Restrictive Trade Practices And The Extraterritorial Application Of U.S. Antitrust And Trade Legislation, Mark A.A. Warner
Restrictive Trade Practices And The Extraterritorial Application Of U.S. Antitrust And Trade Legislation, Mark A.A. Warner
Northwestern Journal of International Law & Business
The Japan-U.S. economic relationship has been marked by tremendous friction and misunderstanding. These tensions have given rise in the past to the extraterritorial application of U.S. trade and antitrust laws to perceived public and private restrictive trade practices. In this paper, I will review the U.S. approach to the extraterritorial application of trade and antitrust laws, particularly as they apply to Japan. I will conclude that although formal coercion has given way to more bilateral negotiations, demands will grow for a return to the more aggressive U.S. posture of the past unless meaningful and effective market access is achieved. I …
An International Drug Administration: Curing Uncertainty In International Pharmaceutical Product Liability, Katherine A. Davis
An International Drug Administration: Curing Uncertainty In International Pharmaceutical Product Liability, Katherine A. Davis
Northwestern Journal of International Law & Business
This comment will demonstrate how discrepancies among product li- ability standards and different interpretations of their application have cre- ated fear and uncertainty in the pharmaceutical industry. This fear has caused distortions in the market, increased costs for both manufacturers and consumers, and chilled the research and development of new products. To combat these problems, this comment proposes that the United States, the European Union, and Japan work together to create a new international, uniform system of product liability for pharmaceutical products. Harmo- nizing the standard of liability for pharmaceuticals among these regimes has proven inadequate to stop inconsistency and …
The Kalanke Ruling: Gender Equality In The European Labor Market, Ann Donahue
The Kalanke Ruling: Gender Equality In The European Labor Market, Ann Donahue
Northwestern Journal of International Law & Business
Part I of this note describes the facts that lead up to the ruling in Ka- lanke v. Freie Hansesetadt Bremen and critiques the decision of the ECJ. Since the Court's reasoning lacks depth and precedence, Part II examines the opinion of the Advocate General to explain the possible reasoning be- hind the decision. Part III scrutinizes the degree of cohesiveness between the Kalanke ruling and subsequent decisions by the ECJ. Part IV follows the reactions of the European market to Kalanke. Part V examines propos- als to minimize the effects of the decision. Finally, the note proposes statutory language …
The Law "On The State Registration Of Rights In Real Property": Encouraging Or Deterring Foreign Investment In The Russian Federation?, William R. Siegel
The Law "On The State Registration Of Rights In Real Property": Encouraging Or Deterring Foreign Investment In The Russian Federation?, William R. Siegel
Northwestern Journal of International Law & Business
The Law "On the State Registration of Rights in Real Property" of July 21, 1997 (the "Registration Law" or "the Law") constitutes a major step towards the achievement of an effective national registration system and, concomitantly, a viable real estate market for foreign investors in the Russian Federation ("RF"). Prior to this law, foreign investors could not rely upon a formal system of state registration to protect their interests in real property.To remedy this problem, the Registration Law creates a system that, at least on paper, is comparable to Western registration systems in its consistency, accessibility and certainty. However, the …
Lost In The Judicial Wilderness: The Stateless Corporation After Matimak Trading, Mark Baker
Lost In The Judicial Wilderness: The Stateless Corporation After Matimak Trading, Mark Baker
Northwestern Journal of International Law & Business
Statelessness clearly implicates issues concerning basic human rights. The United Nations has addressed some of these issues by taking steps to reduce statelessness and to minimize its results, most notably with the Convention on the Reduction of Statelessness and the Convention Relating to the Status of Stateless Persons. Although mitigating the effects of statelessness is noble and quite worthwhile, these efforts may fail to reach certain stateless persons, and, more specifically, certain stateless entities. Enter Matimak Trading Company ("Matimak"), a corporation formed under the laws of, and with its principal place of business in, Hong Kong. Recently, the U.S. Second …
China's Tax Preferences To Foreign Investment: Policy, Culture And Modern Concepts, Zhaodong Jiang
China's Tax Preferences To Foreign Investment: Policy, Culture And Modern Concepts, Zhaodong Jiang
Northwestern Journal of International Law & Business
In conclusion, policy-making in China is subject to the leadership's perception of problems and solutions. Taxation must reflect political and economic concerns and closely follow policy choice. For the Chinese, the objective, economic value to foreign businesses should not be as important as the Chinese sincerity and friendly sentiments that the preferential meas- ures symbolize. While the Chinese do refer to modern concepts such as ef- ficiency or equity, they tend to apply their own interpretation and understanding.
Combating The Ilicit Art Trade In The European Union: Europol's Role In Recovering Stolen Artwork, Jennifer Sultan
Combating The Ilicit Art Trade In The European Union: Europol's Role In Recovering Stolen Artwork, Jennifer Sultan
Northwestern Journal of International Law & Business
In order to provide a context for a discussion of how to effectively combat the art theft problem, Part II of this comment will examine the vari- ous incentives that encourage art theft. Parts I, IV, and V will explain the background and key provisions of two international conventions and one regional directive that address the problem of art theft in the EU. Part VI will analyze the strengths and shortcomings of the existing legal regime ac- cording to the two conventions and a directive. Part VII will discuss three mechanisms that have been somewhat successful in the recovery of …
The Cisg Convention And Thomas Franck's Theory Of Legitimacy, Anthony S. Winer
The Cisg Convention And Thomas Franck's Theory Of Legitimacy, Anthony S. Winer
Northwestern Journal of International Law & Business
The Contracts for the International Sale of Goods (CISG) Convention is one of the most talked-about, and written-about, aspects of international commercial law. Ss time progresses, it may become evident that significant numbers of commercial actors and significant numbers of courts and other adjudicatory bodies are simply choosing not to apply the Convention. In such event, the question as to why there should be such a reluctance to adopt the Convention will present itself. This Article finds helpful perspective on this question in the work of international legal scholar Thomas Franck. Specifically, guidance is drawn from the theory of international …
Globalizing Sanctions Against Foreign Bribery: The Emergence Of A New International Legal Consensus, David A. Gantz
Globalizing Sanctions Against Foreign Bribery: The Emergence Of A New International Legal Consensus, David A. Gantz
Northwestern Journal of International Law & Business
Part I of the article begins with a review of the rationale and key legal ele- ments of the U.S. Foreign Corrupt Practices Act. Part II describes recent efforts by the United States to convince other governments and firms of the need for binding, enforceable and universally accepted rules against corrupt payments to foreign public officials. Parts III and IV survey the activities of various governmental organizations and major private sector groups that support international efforts to effectively discourage foreign bribery, re- spectively. The key sections, Parts V and VI, describe, analyze and critique the two major international conventions, the …
Why Has The Fcpa Prospered, Lee C. Buchheit, Ralph Reisner
Why Has The Fcpa Prospered, Lee C. Buchheit, Ralph Reisner
Northwestern Journal of International Law & Business
The international reaction to the Helms-Burton Act has been fierce.7 But even while the Helms-Burton debate has been raging, an earlier iece of U.S. legislation, the Foreign Corrupt Practices Act (FCPA or Act), has garnered unexpected flattery from some of the same countries that have been so vigorous in denouncing the Helms-Burton Act. There are two pos- sible explanations for these different reactions.
Toward A Comparative Analysis Of Institutions For International Economic Integration, Joel P. Trachtman
Toward A Comparative Analysis Of Institutions For International Economic Integration, Joel P. Trachtman
Northwestern Journal of International Law & Business
This issue is devoted to the publication of papers presented at the 1996 annual conference of the International Economic Law Group of the American Society of International Law. This conference presented an opportunity for scholars from different countries and backgrounds, with expertise in different types of international eco- nomic integration, to assemble and compare notes. The articles in this issue represent the results of their research and discussion.
European Constitutionalism And Its Discontents, J.H.H. Weiler, Joel P. Trachtman
European Constitutionalism And Its Discontents, J.H.H. Weiler, Joel P. Trachtman
Northwestern Journal of International Law & Business
Traditionally, the European Community has been set apart from all other international organizations, as well as from states, and Euro- pean Community law has been distinguished from both international law and from domestic law. This was so because of the supposed unique internal structure and processes of the European Community. This "splendid isolation" is no longer viable. Increasingly in the .be- havior - and study - of other transnational organizations, polities or regimes, the European transnational experience has come to provide a model, a yardstick and a set of analytical and critical tools, and per- haps erroneously, a desideratum. While …
Science And International Regulatory Convergence, Jeffery Atik
Science And International Regulatory Convergence, Jeffery Atik
Northwestern Journal of International Law & Business
National regulation is frequently premised on scientific assump- tions; much of regulatory design is based on scientific findings. Con- sumer product, food and drug and workplace safety standards all depend on a scientific assessment of the risks faced by the public and of the efficacy of an adopted measure in addressing these risks. Build- ing codes, waste disposal protocols and mandated immunization of school children all proceed from the technical recommendations of the scientific community. In current Western society, a regulatory measure lacking a scien- tific basis will be subject to criticism and perhaps ridicule; it may be struck down …
Are Private Remedies In Domestic Courts Essential For International Trade Agreements To Perform Constitutional Functions With Respect To Sub-Federal Governments?, Matt Schaefer
Northwestern Journal of International Law & Business
The term constitutionalism is increasingly discussed in the context of international trade agreements. A prominent example is Professor Petersmann's writings on the constitutional functions that trade agree- ments could serve by limiting governmental discretion to take welfare- reducing protectionist measures against the long-term interests of a nation and contrary to individual economic liberty.' The absence of such protectionist constraints and foreign trade rights in domestic con- stitutions can be mitigated (and already is mitigated somewhat) through the development of international trade rules and institutions.
The Development Of Compliance Programs: One Company's Experience, Patrick J. Head
The Development Of Compliance Programs: One Company's Experience, Patrick J. Head
Northwestern Journal of International Law & Business
Though the FCPA is only a small portion of the coverage of corporate compliance programs, this perspective will focus on the FCPA and, to a certain extent, on other collateral impact statutes, such as securities and in- ternal revenue laws. It will not delve into related statutes, such as the over- seas reach of antitrust laws.
Book Review: Has Globalization Gone Too Far? By Dani Rodrik. Washington, D.C, Paul B. Stephan
Book Review: Has Globalization Gone Too Far? By Dani Rodrik. Washington, D.C, Paul B. Stephan
Northwestern Journal of International Law & Business
To this debate comes Dani Rodrik, an economist on the faculty of Har- vard's John F. Kennedy School of Government. In his brief and intriguing book, Has Globalization Gone Too Far?,2 he seeks to make the race-to-the- bottom story respectable for those who take economics seriously. Rather than preaching radical opposition to globalization, however, he proposes moderate and incremental resistance. He outlines policy responses to what he argues are legitimate concerns about the growth of the world economy, encouraging targeted trade barriers based on a demonstrated national con- sensus about legitimate and illegitimate means of production. I will begin by …
Trade Protection In The New Millennium: The Ascendancy Of Antidumping Measures, Christopher F. Corr
Trade Protection In The New Millennium: The Ascendancy Of Antidumping Measures, Christopher F. Corr
Northwestern Journal of International Law & Business
This article will first examine why the antidumping law will become the weapon of choice for import protection in the new millennium. It then will provide an overview of the antidumping regulatory regime, and the controversy it has engendered. Finally this article will discuss the compli- ance measures that global exporters should consider in order to avoid anti- dumping liability in the future.
Does Russia Need A Securities Law?, Greg Lumelsky
Does Russia Need A Securities Law?, Greg Lumelsky
Northwestern Journal of International Law & Business
The question in the title of this article is not necessarily rhetorical. Perhaps a more appropriate inquiry is, does Russia need its current securi- ties law?' The response to the titular question is, as I will argue, clearly yes. The answer to the second question is to a large extent negative. Given the prevailing economic conditions in Russia, the course of enterprise pri- vatization, and the principal institutions shaping Russian capital markets, there is good reason to think that rather than assisting the growth and en- trenchment of a market in securities, much of the current Russian securities legislation will …
The Worldwide Banning Of Schmiergeld: A Look At The Foreign Corrupt Practices Act On Its Twentieth Birthday, Stanley Sporkin
The Worldwide Banning Of Schmiergeld: A Look At The Foreign Corrupt Practices Act On Its Twentieth Birthday, Stanley Sporkin
Northwestern Journal of International Law & Business
Many cynics viewed the United States' attempt to ban all forms of cor- porate bribery as another example of the federal government's taking on the role of Don Quixote and tilting at windmills. While the law may not have been taken seriously when it was first enacted, it is clear that it has assumed a prominent place among our federal criminal laws. According to a recent article in the Wall Street Journal, the FCPA remains "the world's toughest law against foreign bribes."9 This article will provide background as to how the law was conceived and will discuss the law's present …
Designing An Fcpa Compliance Program: Minimizing The Risks Of Improper Foreign Payments, Daniel L. Goelzer
Designing An Fcpa Compliance Program: Minimizing The Risks Of Improper Foreign Payments, Daniel L. Goelzer
Northwestern Journal of International Law & Business
Every U.S. company, public or private, that conducts operations out- side of the United States should devote serious consideration to creating and implementing an Foreign Corrupt Practices Act ("FCPA" or "Act") compli- ance program. In this context, an "FCPA compliance program" means a single, documented, corporate plan designed to reduce the likelihood that the company will engage in violations of the anti-bribery provisions of the FCPA, and to detect such violations and bring them to the attention of sen- ior management, if they occur.' A well-designed compliance program has obvious importance in educating employees concerning their responsibili- ties in this …
The Limitation On Benefit Clause Of The U.S.-German Tax Treaty And Its Compatibility With European Union Law, Dietmar Anders
The Limitation On Benefit Clause Of The U.S.-German Tax Treaty And Its Compatibility With European Union Law, Dietmar Anders
Northwestern Journal of International Law & Business
This comment details why the limitation on benefits clause of the U.S.- German Treaty is contrary to European Union law.5 Part I describes the discriminatory situation which German companies may face and illustrates how tax treaty abuse could occur and how to prevent it. Part I also contains an introduction to the U.S.-German Treaty and provides an example of the conflict between U.S. tax treaties and European Union law. Part II analyzes in detail the Treaty's discriminatory features with respect to European Union aw and discusses potential justifications for this discrimination based on the case law of the European Court …
Defending Sec And Doj Fcpa Investigations And Conducting Related Corporate Internal Investigations: The Triton Energy/Indonesia Sec Consent Decree Settlements, Arthur F. Mathews
Defending Sec And Doj Fcpa Investigations And Conducting Related Corporate Internal Investigations: The Triton Energy/Indonesia Sec Consent Decree Settlements, Arthur F. Mathews
Northwestern Journal of International Law & Business
This article will summarize the foreign bribery/corrupt foreign pay- ments provisions of the FCPA, briefly survey the related books and records and internal accounting controls provisions, analyze available defenses to civil and criminal FCPA charges, and explore sensitive substantive and strategic issues that arise in the defense of SEC and DOJ/grand jury investi- gations and in the conduct of related corporate internal investigations. This article will also analyze the recent SEC consent decree settlements in the Triton Energy/Indonesia case, and explore the types of defenses that might be pursued if an FCPA foreign payments case like Triton were litigated rather …
The United States' Response To Tax Havens: The Foreign Base Company Services Income Of Controlled Foreign Corporations, Eric T. Laity
The United States' Response To Tax Havens: The Foreign Base Company Services Income Of Controlled Foreign Corporations, Eric T. Laity
Northwestern Journal of International Law & Business
This article is a detailed study of the taxation by the United States of foreign base company services income. Foreign base company services in- come is defined generally as the income derived by a controlled foreign corporation from the performance of services for a related person.2 Con- trolled foreign corporations, in turn, generally are the foreign subsidiaries of U.S. parent corporations.3 A controlled foreign corporation's foreign base company services income is taxed to its U.S. parent corporation, subject to various exclusions and qualifications. This article defines the class of sus- pect relationships between the controlled foreign corporation and its related …
Trade Policy And Election-Year Politics: The Truth About Title Iii Of The Helms-Burton Act, Leslie R. Goldberg
Trade Policy And Election-Year Politics: The Truth About Title Iii Of The Helms-Burton Act, Leslie R. Goldberg
Northwestern Journal of International Law & Business
Part I of this comment chronicles the historical events leading to the promulgation of the Helms-Burton Act. Part II provides an overview of Ti- tle I of the Helms-Burton Act. Part I then analyzes Title III and de- scribes why Title III will not protect the property rights of U.S. citizens or deter enough foreign business investment in Cuba to expedite the collapse of Castro's regime. Next, Part IV details the it-for-tat legal retaliation that has stemmed from Title I's enactment, and Part V discusses the legality of Title mI's private right of action. Finally, Part VI recommends that Title …
International Financial Institutions Face The Corruption Eruption: If The Ifis Put Their Muscle And Money Where Their Mouth Is, The Corruption Eruption May Be Capped, James P. Jr. Wesberry
International Financial Institutions Face The Corruption Eruption: If The Ifis Put Their Muscle And Money Where Their Mouth Is, The Corruption Eruption May Be Capped, James P. Jr. Wesberry
Northwestern Journal of International Law & Business
This article addresses what IFIs are doing, are not doing, and hopefully might do to help cap the corruption eruption sweeping our world. The article primarily relates the efforts of the World Bank in this area and briefly discusses efforts by other major IFIs.
Constitutionalism And International Organizations, Ernst-Ulrich Petersmann
Constitutionalism And International Organizations, Ernst-Ulrich Petersmann
Northwestern Journal of International Law & Business
Peaceful cooperation among individuals and among states has be- come a globally recognized policy objective. The worldwide trend to- wards deregulation, market economies, protection of human rights and democracies reflects an increasing recognition that individual freedom, non-discrimination and rule of law are the best conditions for promoting individual and collective self-determination and social welfare. But in contrast to the long-standing constitutional theories for national democracies, there is a troubling paucity of theory on how to achieve a peaceful international order based on worldwide liberal rules. During the first half of the 20th century, government policies in international relations continued to …
Accountability And International Lawmaking: Rules, Rents And Legitimacy, Paul B. Stephan
Accountability And International Lawmaking: Rules, Rents And Legitimacy, Paul B. Stephan
Northwestern Journal of International Law & Business
The domain of legal rules laid down by international bodies has grown enormously. Laws that have an international source influence a far larger portion of the world's commerce today than they did sixty or even twenty years ago. The enhanced significance and conse- quences of these laws raises an important question: What safeguards do we employ to increase the chances that they will do some good? More specifically, what processes hold international lawmakers ac- countable for their decisions?
Reconciling U.S. Disclosure Policy With International Accounting And Disclosure Standards, David S. Ruder
Reconciling U.S. Disclosure Policy With International Accounting And Disclosure Standards, David S. Ruder
Northwestern Journal of International Law & Business
In November of 1988, at a Melbourne, Australia meeting of the International Association of Securities Commissioners (IOSCO), the United States Securities and Exchange Commission (SEC) released a policy statement entitled "Regulation of the International Securities Markets."' The statement identified three broad areas of regulation that should be addressed in an effective international securities mar- ket regulatory system: efficient structures, sound disclosure systems, and fair and honest markets. The Commission stated that: "To achieve those objectives, securities regulators in each nation should work closely with their foreign counterparts and seek coordinated in- ternational solutions to world market problems."2 Significantly, the SEC …