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Articles 301 - 330 of 453
Full-Text Articles in International Law
Copyright Protection For Data Obtained By Remote Sensing: How The Data Enhancement Industry Will Ensure Access For Developing Countries, J. Richard West
Copyright Protection For Data Obtained By Remote Sensing: How The Data Enhancement Industry Will Ensure Access For Developing Countries, J. Richard West
Northwestern Journal of International Law & Business
The use of remote sensing of the earth by satellite has grown tremendously since the United States launched the first such satellite, Landsat 1, in 1972. In 1984, the Land Remote Sensing Commercialization Act began the gradual transfer of the United States Landsat program to the private sector. The Earth Observation Satellite Company (EOSAT) is the private operator licensed pursuant to the Act, and is preparing to launch the first privately-operated remote sensing satellite, Landsat 6, in 1991. The Commercialization Act requires operators to make raw data available to all users on a nondiscriminatory basis, but it does not preclude …
The Treaty With Poland Concerning Business And Economic Relations: Does It Provide More Incentive To The American Investor?, Todd Ewing
Northwestern Journal of International Law & Business
Among the reformed East European countries now embracing democratic notions, Poland has been the most aggressive in the effort to reach full-fledged democracy. These efforts are reflected by Poland's recent amendments to its foreign investment law and, most recently, the signing of a treaty with the United States in hopes of attracting American investors. This article briefly examines the role and content of this treaty in the context of the overall United States treaty program and, more importantly, determines whether the Treaty has the potential to stimulate U.S. investment above and beyond the incentives now in place under the foreign …
Red Raspberries: Effective Dispute Settlement In The Canada-United States Free Trade Agreement, Thomas M. Boddez, Alan M. Rugman
Red Raspberries: Effective Dispute Settlement In The Canada-United States Free Trade Agreement, Thomas M. Boddez, Alan M. Rugman
Northwestern Journal of International Law & Business
By negotiating the Free Trade Agreement (FTA) with the United States, the Canadian government sought to ensure its exporters more secure and predictable access to the huge United States market, where a majority of Canadian foreign trade is conducted. Canadian exporters were especially concerned with the increased imposition of antidumping (AD) and countervailing duties (CVD) by the United States. Trade laws in the United States are effected through the International Trade Commission (ITC) and the International Trade Administration of the Department of Commerce (ITA). These bodies are central to the bifurcated, quasi-judicial administrative system used in the United States to …
Direct Foreign Investment In The Caribbean: A Legal And Policy Analysis, Lewis D. Solomon, David H. Mirsky
Direct Foreign Investment In The Caribbean: A Legal And Policy Analysis, Lewis D. Solomon, David H. Mirsky
Northwestern Journal of International Law & Business
The purpose of this Article is to delineate the central issues facing countries which seek to encourage direct foreign investment in their local economies, and to suggest which approaches to these issues appear most likely to facilitate the attraction of foreign capital, technology and expertise, while preserving local control over the potentially detrimental effects of such investment.
The Controls On The Transfrontier Movement Of Hazardous Waste From Developed To Developing Nations: The Goal Of A "Level Playing Field", Michelle M. Vilcheck
The Controls On The Transfrontier Movement Of Hazardous Waste From Developed To Developing Nations: The Goal Of A "Level Playing Field", Michelle M. Vilcheck
Northwestern Journal of International Law & Business
In the 1970s, the United States Congress began passing national environmental legislation. One reason for such legislation was to "level the playing field" among the fifty states so that economic advantage did not accrue to one state at the expense of environmental quality and public health.' The world now faces a similar need for environmental legislation on an international level. Environmental laws of individual nations have become more and more divergent as developed countries, such as the United States, enact tougher environmental laws, while less developed nations fail to enact any environmental regulations. The variant standards of these environmental laws …
Chan V. Korean Air Lines, Ltd.: Skirting The Legislative History Of The Warsaw Convention, Ian A. Schwartz
Chan V. Korean Air Lines, Ltd.: Skirting The Legislative History Of The Warsaw Convention, Ian A. Schwartz
Northwestern Journal of International Law & Business
On September 1, 1983, over the Sea of Japan, a Soviet Union military aircraft destroyed a Korean Air Lines Boeing 747 en route from Kennedy Airport in New York to Seoul, South Korea. All 269 persons on board the plane were killed. The Warsaw Convention ("Convention"), a multilateral treaty governing the international carriage of passengers, baggage, and cargo by air, provides a per passenger damage limitation for personal injury or death. The Convention further provides that passenger tickets must include notice of this limitation, and a private accord among airlines known as the Montreal Agreement ("Agreement") states that this notice …
Merger Control In The European Community: The Ec Regulation "On The Control Of Concentrations Between Undertakings" And Implementing Guidelines, Terence P. Stewart, Delphine A. Abellard
Merger Control In The European Community: The Ec Regulation "On The Control Of Concentrations Between Undertakings" And Implementing Guidelines, Terence P. Stewart, Delphine A. Abellard
Northwestern Journal of International Law & Business
The European Community (EC) is currently adopting comprehensive new legislation within the framework of its internal market program, which is expected to transform the way business is conducted in the EC. By December 1992, the Community should be well on its way to becoming an integrated economy, with about 320 million consumers. Not surprisingly, the number of mergers and acquisitions in the EC across national boundaries is increasing in response to the prospects of a larger consumer base and greater market opportunities. The new EC Regulation "On the Control of Concentrations Between Undertakings" is one element of the EC's ambitious …
Guidelines For Mergers And Acquisitions In France, David J. Berger
Guidelines For Mergers And Acquisitions In France, David J. Berger
Northwestern Journal of International Law & Business
Recent developments in France, including the opening of French markets and the privatization of many of the companies nationalized in the early 1980s, have made France one of the leading countries for investment by American companies seeking to enter Europe prior to the unified European market in 1992. France's liberalization of foreign investment rules, as well as its lifting of foreign exchange controls, have further helped make French companies among the most attractive for both American and European investors.
Worker Rights In The Post-1992 European Communities: What "Social Europe" Means To United States-Based Multinational Employers, Donald C. Jr. Dowling
Worker Rights In The Post-1992 European Communities: What "Social Europe" Means To United States-Based Multinational Employers, Donald C. Jr. Dowling
Northwestern Journal of International Law & Business
The United States media have extensively covered the trade angle of the European Communities [EC] program to create a "single market" by the end of 1992. The media coverage has spotlighted the benefits the EC market will offer multinational corporations, such as the market's "economies of scale" and its 320 million consumer block. By now this 1992 news has sunk in, and many United States corporations are assessing how they might exploit the soon-to-be unified EC market.
Strangers In A Strange Land: Foreign Compulsion And The Extraterritorial Application Of United States Employment Law, Michael A. Jr. Warner
Strangers In A Strange Land: Foreign Compulsion And The Extraterritorial Application Of United States Employment Law, Michael A. Jr. Warner
Northwestern Journal of International Law & Business
The increasingly interdependent nature of the world economy has made commonplace the overseas employment of United States citizens by United States multinational corporations. When an American company employs a United States citizen in a foreign country questions arise as to what extent the United States may regulate employment activity taking place outside of United States territorial boundaries. Historically, principles of territoriality and nationality have constrained the ability of a sovereign state to prescribe conduct occurring outside of its boundaries. Under traditional principles of jurisdiction, employee relations fell predominantly under the control of the local authorities where the person or persons …
Fsia Retroactivity Subsequent To The Issuance Of The Tate Letter: A Proposed Solution To The Confusion, Michael E. Jansen
Fsia Retroactivity Subsequent To The Issuance Of The Tate Letter: A Proposed Solution To The Confusion, Michael E. Jansen
Northwestern Journal of International Law & Business
Three recently decided cases discuss the retroactive application of the Foreign Sovereign Immunities Act of 1976 to pre-1952 claims—Carl Marks & Co. v. Union of Soviet Socialist Republics, Jackson v. People's Republic of China, and Slade v. United States of Mexico. These cases have conclusively established that the FSIA is not to be applied retroactively to pre-1952 events—i.e., to claims arising prior to the issuance of the Tate Letter. They do not resolve the issue of retroactive application of the FSIA to post-1952 events, however, and this issue is currently engulfed in confusion. This Comment attempts to resolve this confusion …
Court Of First Instance Of The European Communities, Gordon Slynn
Court Of First Instance Of The European Communities, Gordon Slynn
Northwestern Journal of International Law & Business
The Court of Justice of the European Communities ("Court of Justice") deals with questions arising under the Treaties establishing the European Economic, the European Coal and Steel, and the European Atomic Energy Communities (collectively the "Treaties"). In 1962, its law reports ran to 512 pages, already double the number in 1959. In 1985, they comprised 4,050 pages. In 1962, 62 cases were brought before the Court; in 1985, the number had risen to 433. Not surprisingly cases coming before the Court took longer to resolve -- the period from lodging the action to judgment had slipped from nine months to …
Banking Integration In The European Community, George Zavvos
Banking Integration In The European Community, George Zavvos
Northwestern Journal of International Law & Business
The aim of this Article is to outline and assess the Community's strategy for the banking sector by highlighting the philosophy and the context shaping its actions. In addition, this Article will attempt to show that the Commission's various proposals, particularly the Second Banking Coordination Directive ("Second Directive"), take account of the continuing tension of, on the one hand, achieving more efficient banking systems through increased competition and, on the other hand, the absolute need for prudential supervision, enhancing the financial stability of the banks and public confidence in the banking systems. Finally, this article looks at the Community's policy …
Joint Venture Law In The Soviet Union: The 1920s And The 1980s, Adam J. Albin
Joint Venture Law In The Soviet Union: The 1920s And The 1980s, Adam J. Albin
Northwestern Journal of International Law & Business
Soviet law has only permitted the establishment of joint ventures within the Union of Soviet Socialist Republics (USSR) during two separate periods. Similar political and economic considerations were major catalysts for the enactment of both joint venture laws, as well as for the similar themes running through them, though the periods are separated by approximately sixty-five years. Examination of both situations, instead of merely the present one, not only will provide a broader perspective of how the Soviets view joint ventures themselves, but will illustrate how Soviet legislation itself has evolved in considering free-market economic principles.
Indirect Taxation And 1992, Michel V.M. Van Beek
Indirect Taxation And 1992, Michel V.M. Van Beek
Northwestern Journal of International Law & Business
Since June 1985, when the Commission of the European Communities ("Commission") presented to the European Council its "White Paper" on completing the Internal Market by the elimination of physical, technical, and fiscal barriers inside the European Communities ("EC" or "Community"), the harmonization of indirect taxation has become a main topic in the European press. In this article an attempt will be made to clarify the impact of indirect taxation, or more correctly, the obstacles created by indirect taxes to the realization of the Internal Market, by looking at the past, the present and the future. However, what indirect taxes create …
Commentary On Professor Gabor's Stepchild Of The New Lex Mercatoria Symposium: Reflections On The International Unfication Of Sales Law , Willis L. M. Reese
Commentary On Professor Gabor's Stepchild Of The New Lex Mercatoria Symposium: Reflections On The International Unfication Of Sales Law , Willis L. M. Reese
Northwestern Journal of International Law & Business
welcome Professor Gabor's analyses of the Hague Draft Convention. 1 The Convention is a natural sequel to the United Nations Sales Convention, which has been ratified by the United States and came into effect on January 1st of this year. This latter convention deals with the substantive law of sales and is designed to play a role for the entire world similar to the one played by the Uniform Commercial Code in the United States. Undoubtedly, many states will be slow to ratify the Sales Convention, and some will not do so at all. Thus, implementation of rules addressing the …
Introduction Symposium: Reflections On The International Unfication Of Sales Law, Richard E. Speidel
Introduction Symposium: Reflections On The International Unfication Of Sales Law, Richard E. Speidel
Northwestern Journal of International Law & Business
It was a bright morning in early January 1988. George, a commercial lawyer and partner in a leading Chicago law firm, was sipping coffee and paging through the newspaper. On page fifteen a small item caught his eye: "On January 1, 1988, the United Nations Convention on Contracts for the International Sale of Goods became effective in the United States. The Convention is now the supreme law of the land without the need for implementing legislation enacted by both houses of Congress. It governs offers made and contracts concluded after its effective date in the United States."'
Unification And Community: A Rhetorical Analysis Of The United Nations Sales Convention Symposium: Reflections On The International Unfication Of Sales Law , Amy H. Kastely
Northwestern Journal of International Law & Business
In evaluating the constitutive nature of language and of particular texts, rhetorical analysis focuses attention on the nature of the community formed by a text, on its points of coherence and on its potential vulnerabilities. By emphasizing the importance of author, audience, language, and the occasions for discourse, rhetoric provides a way to explore the constitutive power of a text. When applied to the Sales Convention, rhetoric provides a useful analytic tool that allows one to understand theachievements of the Convention and to explore its weaknesses. This Article pursues such a rhetorical analysis of the Convention. Section II discusses the …
Exchange Losses From International Electronic Funds Transfers: Time To Unify The Law, John S. Santa Lucia
Exchange Losses From International Electronic Funds Transfers: Time To Unify The Law, John S. Santa Lucia
Northwestern Journal of International Law & Business
This Comment is divided into four parts. Section II briefly characterizes the nature of the foreign exchange loss problem in EFTs.24 Section III broadly reviews the current law respecting exchange losses and discusses the increased complexity of the exchange loss problem due to the introduction of message-switching and clearinghouse intermediaries in EFTs.25 Section IV reviews and evaluates the proposal to extend the SWIFT interest loss allocation rules to the exchange loss problem, ultimately concluding that the proposal does not sufficiently resolve the exchange problem as it relates to EFT intermediaries.26 Finally, Section V presents two alternatives to deal specifically and …
Stepchild Of The New Lex Mercatoria: Private International Law From The United States Perspective Symposium: Reflections On The International Unfication Of Sales Law , Francis A. Gabor
Stepchild Of The New Lex Mercatoria: Private International Law From The United States Perspective Symposium: Reflections On The International Unfication Of Sales Law , Francis A. Gabor
Northwestern Journal of International Law & Business
This Article briefly assesses the potential implementation of the Hague Draft Convention from the standpoint of the United States interest in the worldwide unification of international trade law and concludes that United States interests would be well served by adoption of the Hague Draft Convention.
Commentary On Professor Kastely's Rhetorical Analysis Symposium: Reflections On The International Unfication Of Sales Law , Peter Winship
Commentary On Professor Kastely's Rhetorical Analysis Symposium: Reflections On The International Unfication Of Sales Law , Peter Winship
Northwestern Journal of International Law & Business
I am pleased to add Professor Kastely's Article1 to my growing collection of English-language commentaries on the Sales Convention. Many of the early commentaries are descriptive. They sketch the background and present status of the Convention and then provide a doctrinal gloss to all or part of the text. Recent commentaries are more diverse, and while the descriptive pieces continue, some of the recent literature probes the Convention text more deeply, frequently approaching it from new perspectives. Professor Kastely's rhetorical analysis of the Convention text clearly falls among these more provocative commentaries. I commend in particular her identification and discussion …
Yugoslav Gastarbeiter: The Guest Who Stayed For Dinner, Steven Mihajlovic
Yugoslav Gastarbeiter: The Guest Who Stayed For Dinner, Steven Mihajlovic
Northwestern Journal of International Law & Business
First, this Comment will trace the history of the German use of guest workers, summarize the economic, political, and social situations of the FRG and Yugoslavia, and evaluate the current status of Yugoslav guest workers in the FRG. Next, the Comment will argue that forced repatriation could have a disastrous effect on the economies of both the FRG and Yugoslavia-that a forced repatriation program is a shortsighted temporary solution having long-term consequences. Finally, the Comment will conclude that a return of guest workers could intensify political and social unrest in Yugoslavia.
Extraterritorial Application Of Canadian Foreign Investment Review, Kathleen M. O'Laughlin
Extraterritorial Application Of Canadian Foreign Investment Review, Kathleen M. O'Laughlin
Northwestern Journal of International Law & Business
The ICA, which purportedly liberalized review of foreign investment, in fact reaffirmed the Foreign Investment Review Agency's role in reviewing extraterritorial transactions indirectly affecting control of Canadian business.' This Comment examines the policy implications of FIRA's and ICA's extraterritorial application, and concludes that it is unnecessary and counterproductive when direct control of Canadian business is unchanged, or when contractual liability follows a direct change of control.
Toward Negotiating A Remedy To Copyright Piracy In Singapore, James W. Peters
Toward Negotiating A Remedy To Copyright Piracy In Singapore, James W. Peters
Northwestern Journal of International Law & Business
The pirates of modern Singapore threaten to undermine the international trade of copyrighted works. Advancements in technology have facilitated the inexpensive reproduction of books, audio and video cassettes, and computer programs. Printing, video, and audio pirates have found Singapore well suited to the unauthorized copying of protected works. Literature and music reproduced in Singapore has found its way to markets throughout the world. To persuade Singapore to protect intellectual property, United States and British business organizations, the United States government, and the governing bodies of international intellectual property conventions have proposed measures ranging from educational programs to economic reprisals. Still, …
The Need For A Ban On All Radioactive Waste Disposal In The Ocean, David G. Spak
The Need For A Ban On All Radioactive Waste Disposal In The Ocean, David G. Spak
Northwestern Journal of International Law & Business
The harnessing of nuclear power is the technological advance which best represents the ability of the human race to transform the environment for both good and bad. Nuclear power can be used either to destroy the earth or to improve greatly the quality of life for all persons. Attendant with this power is the problem of what to do with radioactive wastes left behind by the private and public uses of a technology not yet fifty years old. As wastes from nuclear power plants, government projects, and various fields of science continue to amass, attention is being focused increasingly on …
Taxation Of Foreign Business And Investment In The People's Republic Of China, Alex Easson, Li Jinyan
Taxation Of Foreign Business And Investment In The People's Republic Of China, Alex Easson, Li Jinyan
Northwestern Journal of International Law & Business
Up until the last six or seven years, very little attention has been paid in the West to the tax system of the People's Republic of China ("PRC" or "China"). This is understandable since, in the immediate post-liberation years, many countries in the Western Hemisphere tried hard to pretend that the PRC did not exist at all. Following its break with the Soviet Union in 1960, China adhered firmly to a policy of self-reliance. China's opening to the West, in economic terms, did not really begin until approximately 1978. Given the type of economic system which had evolved in China …
The Liability Of Corporations And Shareholders For The Capitalization And Obligations Of Subsidiaries Under German Law, Maximilian Schiessl
The Liability Of Corporations And Shareholders For The Capitalization And Obligations Of Subsidiaries Under German Law, Maximilian Schiessl
Northwestern Journal of International Law & Business
The Federal Republic of Germany, one of the United States' main trading partners, has a rather different approach to the liability of a parent corporation for the debts of its subsidiaries. In the United States, the affiliated enterprises doctrine is generally viewed as a subcategory of the piercing the corporate veil doctrine. Under German law, there is a sharp distinction between the general rules on piercing the corporate veil, which may also be applied to a parent-subsidiary relationship, and the special legal framework governing the Konzernrecht (law of affiliated enterprises). German corporation law is based on the assumption that in …
The Prospects For Labor Law Reform In Poland, Maria Matey
The Prospects For Labor Law Reform In Poland, Maria Matey
Northwestern Journal of International Law & Business
A complex combination of socioeconomic factors have produced a situation in Poland in the mid-1980s which is in urgent need of reform. This need for change extends to the complicated and controversial subject of labor law. It is the purpose of this Perspective to set forth the current status of labor law in Poland and to analyze the prospects for possible reform. There are currently three approaches to labor law reform in Poland. The first is held by the government, the second by labor law scientists, and the third by the trade unions created after 1982. These approaches include wide-ranging …
Emerging Unification Of Conflict Of Laws Rules Applicable To The International Sale Of Goods: Uncitral And The New Hague Conference On Private International Law, Francis A. Gabor
Emerging Unification Of Conflict Of Laws Rules Applicable To The International Sale Of Goods: Uncitral And The New Hague Conference On Private International Law, Francis A. Gabor
Northwestern Journal of International Law & Business
A new lex mercatoria is emerging in the unification of the law of international trade. In analyzing this development, this Article will emphasize two points. First, international contracts are based essentially on national law, a feature of which is the lack of state involvement resulting in party autonomy. A party's freedom to contract is a uniformly recognized principle of contract law. Second, in recent times -- particularly following World War II -- a wide range of state governmental regulations have appeared which restrict parties' freedom to contract. Such restrictions include economic regulations promulgated by the modern state, plus considerable legislation …
From Ice To Ether: The Adoption Of A Regime To Govern Resource Exploitation In Outer Space, Grier C. Raclin
From Ice To Ether: The Adoption Of A Regime To Govern Resource Exploitation In Outer Space, Grier C. Raclin
Northwestern Journal of International Law & Business
It is clear that the world community in general, and the United States in particular, intends to move forward in the exploration of space and the commercial exploitation of lunar and other resources. It would seem equally clear that, without law in this area, no country, government, or commercial enterprise is likely to undertake the substantial risks and costs involved in such exploitation. Companies will not undertake these risks without a clear understanding of how the resulting rewards will be allocated. For the United States commercial space program to move forward, it must seek the adoption of a regime to …