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Articles 241 - 270 of 453
Full-Text Articles in International Law
Judicial Complicity With Communal Violence In India, Sara Ahmad
Judicial Complicity With Communal Violence In India, Sara Ahmad
Northwestern Journal of International Law & Business
Communal violence - or violence between groups which define themselves by their differences from each other' - is one of the fore- most human rights problems today.2 But the violence of the past 20 years differs from that of previous decades. Responsibility for current sectarian violence lies not with specific extremist groups but with gov- ernments which leverage inter-group hatred to gain power.3 Such sys- temic sources of communal violence threaten basic principles of democratic government and non-discrimination.4 Present-day communal violence originates in identity politics.5 Identity politics stress the group nature of rights, experience and iden- tity, whether based on …
Internationalization Of Revised Ucc Article 5--Letters Of Credit, James G. Barnes
Internationalization Of Revised Ucc Article 5--Letters Of Credit, James G. Barnes
Northwestern Journal of International Law & Business
The 1995 revision of Article 5 of the Uniform Commercial Code (UCC) was heavily influenced by international practice as reflected in the Uniform Customs and Practice for Documentary Credits (UCP). The Reporter for Revised UCC Article 5, Professor James J. White," acknowledges the heavy influence of international practice, views it as a mixed blessing, and attributes it to the focused efforts of the letter of credit bankers' trade association, the United States Council on Inter- national Banking, Inc. (USCIB). This article further explains and welcomes the internationalization of Revised UCC Article 5.
The Revision Of Ucc Article 2, Sales In Light Of The United Nations Convention On Contracts For The International Sale Of Goods, Richard E. Speidel
The Revision Of Ucc Article 2, Sales In Light Of The United Nations Convention On Contracts For The International Sale Of Goods, Richard E. Speidel
Northwestern Journal of International Law & Business
This article discusses UCC, Article 2, in light of CISG, and discusses how they create bands of uniformity in their respective spheres. It also discusses where they overlap.
Influence Of International Practice On The Revision Of Article 5 Of The Ucc, James J. White
Influence Of International Practice On The Revision Of Article 5 Of The Ucc, James J. White
Northwestern Journal of International Law & Business
I focus today on the influence of the Uniform Customs and Practice1 (UCP) on the revision of Article 5 of the Uniform Commercial Code (UCC).
Trading Secrets--The International Antitrust Enforcement Assistance Act, Laraine L. Laudati, Todd J. Friedbacher
Trading Secrets--The International Antitrust Enforcement Assistance Act, Laraine L. Laudati, Todd J. Friedbacher
Northwestern Journal of International Law & Business
This article will explore the terms of the IAEAA, questioning in particular whether the Act provides a viable mechanism for information exchange, as well as whether it embodies a true commitment to argued to the European Court of Justice that the Agreement should have been concluded by the European Council rather than the European Commission. French Republic v. Commission of the European Communities, Case C-327/91 (1994).
Licensing On The Global Information Infrastructure: Disharmony In Cyberspace, Raymond T. Nimmer
Licensing On The Global Information Infrastructure: Disharmony In Cyberspace, Raymond T. Nimmer
Northwestern Journal of International Law & Business
This article explores some of the issues in international licensing and, particularly, in the evolution of information-based contracts.
Anti-Deferral Deferred: A Proposal For The Reform Of International Tax Law, John Mcdonald
Anti-Deferral Deferred: A Proposal For The Reform Of International Tax Law, John Mcdonald
Northwestern Journal of International Law & Business
Nowhere is the complexity of the Code more apparent than in the income tax provisions relating to U.S. ownership of foreign corporations.' In fact, the operation of the tax law in this area has become so incredibly complex that many calculations required by the Code can no longer be performed effectively without the use of sophisticated computer software.4 The cost of complying with these Code provisions has started to affect the competitiveness of the corporations to which they apply.5 In fact, there is a definite possibility that our tax laws in this area have become so complex that tax professionals …
Through A Glass Darkly: The Case Against Pilkington Plc. Under The New U.S. Department Of Justice International Enforcement Policy, Jeffrey N. Neuman
Through A Glass Darkly: The Case Against Pilkington Plc. Under The New U.S. Department Of Justice International Enforcement Policy, Jeffrey N. Neuman
Northwestern Journal of International Law & Business
An inquiry into subject matter jurisdiction under the 1995 Guidelines and in U.S. v. Pilkington, plc. requires a brief examination of the history of extraterritorial enforcement policy since the mid-1970s. This is set forth in section II. Next, in section III, the comment analyzes the ebb and flow of judicial approaches to U.S. antitrust subject matter jurisdiction, focusing on the pre- and post-FTAIA eras. Section IV looks specifically at the 1995 Guideline and the Justice Department's grounds for asserting U.S. subject matter jurisdiction against Pilkington. In doing so, the comment suggests that in an interdependent global economy, an aggressive jurisdictional …
Sweet Sounds Of The Bazaar: Pakistan's Efforts To Lure Foreign Investors, Mikaal Shoaib
Sweet Sounds Of The Bazaar: Pakistan's Efforts To Lure Foreign Investors, Mikaal Shoaib
Northwestern Journal of International Law & Business
The article is about investment agreements and how they are indications that the PakistaniGovernment's ongoing efforts to privatize and liberalize the economy have succeeded in luring foreign investors.
Iosco: Its Mission And Achievement, A.A. Jr. Sommer
Iosco: Its Mission And Achievement, A.A. Jr. Sommer
Northwestern Journal of International Law & Business
The origins of the International Organization of Securities Com- missions (IOSCO) lie in the Americas. In 1974, nations of the West- em Hemisphere, largely under the leadership of the United States, organized the InterAmerican Association of Securities Commissions to provide a forum for consideration of securities regulation matters of common interest and to assist capital formation in the Western Hemisphere. Nine years later the organization transformed itself into a world-wide organization and was incorporated by an act of the Que- bec Parliament as a non-profit corporation under Quebec law. A sec- retariat was established in Montreal, a recognition of the …
Poachers, Tigers, And Bears...Oh My--Asia's Illegal Wildlife Trade, Joonmoo Lee
Poachers, Tigers, And Bears...Oh My--Asia's Illegal Wildlife Trade, Joonmoo Lee
Northwestern Journal of International Law & Business
This Comment will: (1) discuss the current plight of the Asiatic tigers and the North American black bears, describing the extent of their endangerment and the pur- poses for which they are being poached and traded in various Asian countries; (2) describe and analyze currently proposed means of end- ing the poaching and trading of these animals; and (3) propose a pro- tection program that combines viable aspects of current proposals and reflects the particularities of the problem concerning the tigers and of the problem concerning the bears.
Constructing Democracy In The North American Free Trade Area, Alexandra Maravel
Constructing Democracy In The North American Free Trade Area, Alexandra Maravel
Northwestern Journal of International Law & Business
This paper focuses on the implementing mechanisms, examining their character and implications for regional government as the possibility of a hemisphere-wide free trade area looms across the Americas. The essential problem is how to define the political framework that Canada, Mexico, and the United States are creating. It is not clear that it is an inherently demo- cratic regime. The regime, created to oversee the complex system of trading rules, is arguably (and paradoxically) necessary to ensure "free" trade, but it may undermine the very emergent regional democ- racy it seeks to empower.
Trade And Environment: How Should Wto Panels Review Environmental Regulations Under Gatt Articles Iii And Xx, Kazumochi Kometani
Trade And Environment: How Should Wto Panels Review Environmental Regulations Under Gatt Articles Iii And Xx, Kazumochi Kometani
Northwestern Journal of International Law & Business
The article discusses a GATT/WTO panel report that the author disagrees with and it lays out the proposals that he would implement to modify the report.
Cross-Border Lending: What's Different This Time, Lee C. Buchheit
Cross-Border Lending: What's Different This Time, Lee C. Buchheit
Northwestern Journal of International Law & Business
This article is based upon the author's lecture entitled "The Next Wave of Cross-Border Lending" delivered in connection with the Meredith Lectures at McGill University in April 1994.* The subject of that lecture, and of this article, is how cross-border lending to less developed countries (LDCs) in the 1990s differs from the last major period of such lending in the late 1970s. It is surely a testament to the accelerated obsolescence of modem financial commentary that the author's April 1994 lecture - delivered in the middle of a boom in cross-border lending - has already been followed by a bust …
Preface: Latin American Debt In The 1990s: A New Scenario For Creditors And Debtors, Lee C. Buchheit, Ralph Reisner
Preface: Latin American Debt In The 1990s: A New Scenario For Creditors And Debtors, Lee C. Buchheit, Ralph Reisner
Northwestern Journal of International Law & Business
This short preface introduces the purpose of the symposium and introduces each of the articles tat will follow.
Brief Incursion Into Bankruptcy And The Enforcement Of Creditor's Rights In Brazil, Antonio Mendes
Brief Incursion Into Bankruptcy And The Enforcement Of Creditor's Rights In Brazil, Antonio Mendes
Northwestern Journal of International Law & Business
This article is an overview of bankruptcy law and concerns in Brazil, as well as a exploration of what rights creditors have in bankruptcy.
Mexico's Banks After The December 1994 Devaluation--A Chronology Of The Government's Response, Roy A. Karaoglan, Mike Lubrano
Mexico's Banks After The December 1994 Devaluation--A Chronology Of The Government's Response, Roy A. Karaoglan, Mike Lubrano
Northwestern Journal of International Law & Business
The immediate effects of the December 1994 peso devaluation and the period of high interest rates and economic recession that followed had important repercussions for the Mexican banking and financial system. Since the onset of the crisis, the Mexican government has undertaken a number of important actions designed to assure adequate capitalization of financial institutions and continued public confidence in the banking system. The goal throughout has been to avoid a banking crisis that would exacerbate the contraction in the real economy and to set the stage for a recovery of the financial system based on sound institutions and efficient …
Books Received
Northwestern Journal of International Law & Business
No abstract provided.
Book Review: Environment And Resource Policies For The World Economy. By Richard N. Cooper. Washington, The Brookings Institute, 1994., 15 Nw. J. Int'l L. & Bus. 698 (1994-1995), Steve Charnovitz
Northwestern Journal of International Law & Business
In 1992, the Brookings Institution commenced a major project on "Integrating National Economies" to examine the problems which can ensue from economic globalization in a world of sovereign nation-states. The fruit of this project is a 22-volume series. The book reviewed here is the environmental volume in that series. It is written by Richard N. Cooper, then a professor of international economics at Harvard, and now on leave as the chairman of the U.S. National Intelligence Council. He is a leading scholar of international cooperation.
A Convention On Biological Diversity--An Efficient Framework For The Preservation Of Life On Earth?, Daniel T. Jenks
A Convention On Biological Diversity--An Efficient Framework For The Preservation Of Life On Earth?, Daniel T. Jenks
Northwestern Journal of International Law & Business
On June 5, 1992, the Convention on Biological Diversity was introduced for signature at the so-called "Earth Summit" in Rio de Janeiro. The Convention was one of four international agreements proposed at the Earth Summit. The Convention's explicit objectives are to conserve the Earth's biological diversity (or "biodiversity") for future generations, to exploit this biodiversity in a sustainable way and to share the benefits of biodiversity in a fair and equitable manner. Biological diversity is defined as "the variability among living organisms from all sources including, inter alia, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which …
Latin American Debt Obligations In The 1990s: Risk Strategies: Remedies And Judicial Enforcement, Lee C. Buchheit, Emilio Cardenas, Antonio Mendes, Thomas Heather
Latin American Debt Obligations In The 1990s: Risk Strategies: Remedies And Judicial Enforcement, Lee C. Buchheit, Emilio Cardenas, Antonio Mendes, Thomas Heather
Northwestern Journal of International Law & Business
This is a discussion of debt obligations in Latin America and how the symposium panelists would have advised there clients.
Restructuring Strategies For Mexican Eurobond Debt, Duncan N. Darrow, Peter V. Darrow, Douglas A. Doetsch, Miguel Jauregui-Rojas
Restructuring Strategies For Mexican Eurobond Debt, Duncan N. Darrow, Peter V. Darrow, Douglas A. Doetsch, Miguel Jauregui-Rojas
Northwestern Journal of International Law & Business
Unless the international capital markets become widely receptive to refinancing Mexican Eurobonds, by early to mid 1996, the holders of these Eurobonds - Mexico's new "bondholder constituency" - may find themselves at the center of a restructuring process encompassing a significant portion of the $13 billion of Eurobond debt outstanding. This article discusses strategies for restructuring.
Towards A Sovereign Debt Work-Out System;, Rory Macmillan
Towards A Sovereign Debt Work-Out System;, Rory Macmillan
Northwestern Journal of International Law & Business
In a future sovereign debt crisis, debt restructurings are inevitable simply because there is no alternative. Private lending becomes simply unavailable. The commercial banks were asked to lend to Mexico in early 1995 as part of the U.S. Government rescue plan, but the money never materialized.3 The banks' experience of involuntary lending during the 1980s debt crisis was so unpleasant that they are unlikely to increase exposure to a troubled debtor in a crisis today. Other sources of finance are no more likely to yield support. Mexico was unable to return to the capital markets until six months after the …
The Fatal Flaw In Nafta, Gatt And All Other Trade Agreements, Robert W. Mcgee
The Fatal Flaw In Nafta, Gatt And All Other Trade Agreements, Robert W. Mcgee
Northwestern Journal of International Law & Business
Although the North American Free Trade Agreement, (NAFTA), contains more detailed environmental provisions than any previous trade agreement,' only some of them are mandatory. These mandatory NAFTA environmental rules purport to prevent the use of environmental policy instruments as disguised barriers to trade. Since most human activities have some impact on the environment, a vast array of government regulation could potentially be characterized as relating to the environment. This fact increases the risk that domestic industries will exploit political discretion over environmental policy implementation to put foreign competitors at a disadvantage by raising non-tariff barriers to trade. It is important …
Rx: Just What The Doctor Ordered: International Standards For Medical Devices, Mindy H. Chapman
Rx: Just What The Doctor Ordered: International Standards For Medical Devices, Mindy H. Chapman
Northwestern Journal of International Law & Business
This Comment demonstrates why the FDA should amend its medical device regulations to emulate those of the European Community. There are two major benefits of a single set of international standards. First, a single set of international standards assures safe medical devices both in the United States and on the international market. Second, the United States will have a greater opportunity to export medical devices to the newly prosperous European Community resulting in greater financial returns and job opportunities for Americans.
Nafta And The Environment: A Trade-Friendly Approach, Bradly J. Condon
Nafta And The Environment: A Trade-Friendly Approach, Bradly J. Condon
Northwestern Journal of International Law & Business
Although the North American Free Trade Agreement, (NAFTA), contains more detailed environmental provisions than any previous trade agreement,' only some of them are mandatory. These mandatory NAFTA environmental rules purport to prevent the use of environmental policy instruments as disguised barriers to trade. Since most human activities have some impact on the environment, a vast array of government regulation could potentially be characterized as relating to the environment. This fact increases the risk that domestic industries will exploit political discretion over environmental policy implementation to put foreign competitors at a disadvantage by raising non-tariff barriers to trade. It is important …
Economic Integration In The Americas: A Work In Progress, Kenneth W. Abbott, Gregory W. Bowman
Economic Integration In The Americas: A Work In Progress, Kenneth W. Abbott, Gregory W. Bowman
Northwestern Journal of International Law & Business
In the next section of the article, we provide an overview of the major subregional groupings and other institutional relationships now being created throughout Latin America. In Section III, we suggest two major goals that should guide the process of economic integration in the Americas: maintaining the multilateral economic system as the highest priority for the region and achieving regional integration at the hemispheric level. We then outline the principal approaches to economic integration currently being followed, or proposed, within the region-including bilateral agreements, subregional groupings, the expansion of NAFrA, and arrangements of continental scaleand assess these approaches as methods …
Book Review: Sovereignty, Statehood And Self-Determination: A Review Of Claims To Statehood In International Law, M R. Franks
Book Review: Sovereignty, Statehood And Self-Determination: A Review Of Claims To Statehood In International Law, M R. Franks
Northwestern Journal of International Law & Business
To tour the world while examining the various claims to sovereignty over virtually every inch, one may read Nil Lante Wallace-Bruce's book, Claims to Statehood in International Law. His book is a fascinating excursion through the "four worlds." Although the origin of the terminology is obscure,' the term "First World" clearly refers to capitalist countries historically belonging to NATO and the Organization for Economic Cooperation and Development (OECD). The term "Second World" refers to the former Soviet Bloc. The term "Third World" refers to everything else, and has come to mean economically developing countries.2 More recently, the term "Fourth World" …
On The Elimination Of The Nato Entitlement, Vaughn A. Carney
On The Elimination Of The Nato Entitlement, Vaughn A. Carney
Northwestern Journal of International Law & Business
For the last twenty years the U.S. has been living on borrowed time and money; we have gotten something for nothing. Now we must confront the painful opposite: nothing for something. A radical shift in our financial commitment to NATO will go a long way toward easing this pain and shoring up the competitive position of the U.S. going forward into the twenty-first century.
China's Evolving Company Legislation: A Status Report, Preston M. Torbert
China's Evolving Company Legislation: A Status Report, Preston M. Torbert
Northwestern Journal of International Law & Business
As China's economic reforms have progressed, however, the need for a company law has become apparent. The two principal reasons are, first, the need to reform existing state-owned enterprises and, second, the need to create a means for foreign investment in reformed state-owned enterprises. For political reasons, there appears to be no perceived need for the company law to encourage larger privately-owned enterprises.