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Northwestern Journal of International Law & Business

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Articles 331 - 360 of 453

Full-Text Articles in International Law

Section 301 Of The Trade Act Of 1974: Requirements, Procedures, And Developments, Judith Hippler Bello, Alan F. Holmer Jan 1986

Section 301 Of The Trade Act Of 1974: Requirements, Procedures, And Developments, Judith Hippler Bello, Alan F. Holmer

Northwestern Journal of International Law & Business

The recent dramatic increase in the use of Section 301 of the Trade Act of 1974 ("§ 301") and a predecessor provision in the Trade Expansion Act warrants a review of its requirements and procedures. This Article illustrates those requirements and procedures through § 301's application in particular cases. The Article also explains why recent events have led to more frequent resort to § 301 and related legal provisions. Section 301 is currently the lodestar of the Administration's free and fair trade policy. This policy stresses, in particular, the need for equitable access to foreign markets for United States exports …


Internationalization Of Stock Markets: Potential Problems For United States Shareholders, John H. Ehrlich Jan 1986

Internationalization Of Stock Markets: Potential Problems For United States Shareholders, John H. Ehrlich

Northwestern Journal of International Law & Business

Despite considerable advance publicity, the internationalization of the world's stock markets remains in the incipient stage of development. Nonetheless, the exchange of capital across international borders through the purchase and sale of equity securities is likely to continue. This Comment will explore the potential problems faced by United States shareholders when the corporations in which they own stock list and offer equity securities on stock exchanges in foreign countries.


Mitsubishi Motors Corp. V. Soler Chrysler-Plymouth, Inc: International Arbitration And Antitrust Claims, Lisa Sopata Jan 1986

Mitsubishi Motors Corp. V. Soler Chrysler-Plymouth, Inc: International Arbitration And Antitrust Claims, Lisa Sopata

Northwestern Journal of International Law & Business

Arbitration is an attractive alternative for parties entering into commercial transactions. Parties to international contracts often include arbitration clauses in an attempt to protect their rights and to eliminate uncertainties in the event of a dispute. A court may nevertheless treat a given dispute as nonarbitrable if the issue is highly charged with conflicting public policy concerns. The United States Supreme Court in the recent landmark decision, Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth Inc., held that private antitrust claims are arbitrable in a transaction arising in international commerce. The court ruled in a five-to-three decision that if an international contract …


Grey Market Imports: A Genuine Problem For The United States Trademark Owner, Customs Service, And Courts, Barbara A. Curry Jan 1986

Grey Market Imports: A Genuine Problem For The United States Trademark Owner, Customs Service, And Courts, Barbara A. Curry

Northwestern Journal of International Law & Business

Each year billions of dollars worth of goods are produced by foreign manufacturers and legitimately sold abroad under a particular trademark and are then imported into the United States and sold without permission from the foreign manufacturers or the authorized United States distributors of these goods. When imported into this country, these foreign goods are sold in competition with goods of the owners of the United States trademark rights in the identical foreign marks. Such goods have come to be known as "grey market" imports. These goods are not counterfeit products, which are often called "black market" goods; rather, they …


The Role Of The Black Market In China's International Financial System, Amy E. Yates Jan 1986

The Role Of The Black Market In China's International Financial System, Amy E. Yates

Northwestern Journal of International Law & Business

The dichotomy between China's political theory and its administrative reality is nowhere more apparent than in the system China has developed to manage the inflow of foreign reserves into the country. In order to avoid disturbing the domestic economy, the government developed an elaborate two-tiered currency system. In addition, the government issued a set of Foreign Control Regulations which placed restrictions on the use of exchange. The regulations purported to place the use of foreign exchange under a "unified national plan." In reality, however, beyond the reaches of the officially promulgated regulations, a thriving black market for foreign currency, foreign …


Book Review Jan 1986

Book Review

Northwestern Journal of International Law & Business

When a corporation enters foreign markets it must confront the complications of foreign currency exchange. Foreign exchange management ("forex management") taxes the skills of the most creative corporate financial managers. Achieving tax advantages through forex management, or at least avoiding financial disasters, requires the talents of a prophet. To maintain profits, the tax efficient forex manager must reduce taxes while reducing foreign exchange risks. In Tax Efficient Forex Management, John Chown supplies forex managers with the knowledge required to achieve significant tax advantages from managing foreign currency and asset exchange. According to Mr. Chown, the book is intended for both …


The Regulation Of Insider Trading In Germany: Who's Afraid Of Self-Restraint, Joseph Blum Jan 1986

The Regulation Of Insider Trading In Germany: Who's Afraid Of Self-Restraint, Joseph Blum

Northwestern Journal of International Law & Business

From near total destruction forty-one years ago, the Federal Republic of Germany has emerged as the fourth wealthiest industrialized nation. Yet despite this wealth, the German capital markets remain miniscule in comparison to those of other industrialized nations. This development has had a significantly adverse effect on the ability of German companies to raise equity capital. The aversion of individual Germans to invest in equity securities can be explained on a number of levels. First, many investors find that fixed-rate bonds and similar securities provide equal if not better yields than stocks, without the concomitant risk. Another significant reason that …


Limited Space: Allocating The Geostationary Orbit, Michael J. Finch Jan 1986

Limited Space: Allocating The Geostationary Orbit, Michael J. Finch

Northwestern Journal of International Law & Business

In many ways, the space shuttle inaugurated a new phase in the development of space as an international resource. The shuttle may be used to launch satellites into orbit and has the additional capability of retrieving and repairing satellites. As the number of satellites in orbit increases, the problem of interference among satellites escalates. The issue centers around the geostationary orbit and the electromagnetic spectrum as well as direct satellite broadcasting from orbiting transmission stations to individual receivers. This Comment will examine the current legal and probable future state of the international zone known as the geostationary orbit and the …


Cumulation Of Import Statistics In Injury Investigations Before The International Trade Commission, William B.T. Jr. Mock Jan 1986

Cumulation Of Import Statistics In Injury Investigations Before The International Trade Commission, William B.T. Jr. Mock

Northwestern Journal of International Law & Business

United States manufacturers have sometimes found themselves unable to identify which unfair import competitors have injured their industries when sources of unfair competition exist in more than one country. These manufacturers have had some redress from unfair trade available to them through various federal trade laws, including, inter alia, the antidumping and countervailing duty laws. Until recently, however, these laws have largely addressed unfair trade competition coming from a single foreign country source at a time; they have not, however, addressed the "hammering effect" of unfair competition from many sources operating in the market at once or sequentially. The International …


1983 Amendment To The Export Administration Regulations: The Status Of Export Controls To The People's Republic Of China , John Yo-Hwan Lee Jan 1985

1983 Amendment To The Export Administration Regulations: The Status Of Export Controls To The People's Republic Of China , John Yo-Hwan Lee

Northwestern Journal of International Law & Business

This Comment will, first, briefly sketch the history of the United States export policies towards China. Second, it will analyze the current controls over exports to the PRC in light of the 1983 amendment to the export regulations. Third, it will discuss the historical impact of the new amendment on the Sino-American relationship. Lastly, it will conclude that the 1983 Amendment establishes an appropriate and prudent export policy towards the PRC at this time, although in order to accomplish the ultimate goal of significantly increasing exports to the PRC, the United States must take further measures.


Canada-United States Memorandum Of Understanding Regarding Application Of National Antitrust Law: New Guidelines For Resolution Of Multinational Antitrust Enforcement Disputes , Gary E. Dyal Jan 1985

Canada-United States Memorandum Of Understanding Regarding Application Of National Antitrust Law: New Guidelines For Resolution Of Multinational Antitrust Enforcement Disputes , Gary E. Dyal

Northwestern Journal of International Law & Business

This Comment will first examine the fundamental policy differences and opposing perspectives underlying the conflict between Canada and the United States regarding extraterritorial antitrust enforcement. Par- ticular conflict areas will then be discussed. Second, this Comment will explore the reasons underlying the failure of the Fulton-Rogers Under- standing to prevent instances of serious disagreement concerning particu- lar antitrust enforcement measures taken by the United States during the 1970's. Third, this Comment will analyze the 1984 Understanding, fo- cusing on its departure from the weaknesses of the Fulton-Rogers Under- standing, its specific provisions addressing concerns within the major categories of previous …


The Evolving Doctrine Of Implication: The Export Administration Act And Private Rights Of Action, Lauren B. Bonfield Jan 1985

The Evolving Doctrine Of Implication: The Export Administration Act And Private Rights Of Action, Lauren B. Bonfield

Northwestern Journal of International Law & Business

Two recent United States District Court opinions examine the question of when a federal court may invoke the "implication" doctrine which permits them "to create a private right of action from a federal statute that does not expressly provide for [a] private remed[y]. . . ." Both of the cases raise the issue of implication as it applies to the antiboycott provision of the Export Administration Act (EAA). Plaintiffs in both Bulk Oil (Zug) A.G. v. Sun Co., and Abrams v. Baylor College of Medicine, claimed an implied private right to bring an action for damages and in addition, alleged …


Foreign Competition In Relevant Geographic Markets: Antitrust Law In World Markets, Michael P. O'Brien Jan 1985

Foreign Competition In Relevant Geographic Markets: Antitrust Law In World Markets, Michael P. O'Brien

Northwestern Journal of International Law & Business

Since competition for the sale of many goods and services in the United States has foreign as well as domestic sources, the antitrust laws, designed to protect competition in the United States, must consider foreign competition. One important aspect of antitrust law that must include foreign competition is the relevant geographic market used to define the area in which effects on competition must be examined. As foreign competition exerts a greater influence on domestic competition, the United States antitrust laws, designed to protect competition in the United States and in the foreign commerce of the United States, must reflect the …


The Need For A United States Countertrade Policy, Marie J. Oh Jan 1985

The Need For A United States Countertrade Policy, Marie J. Oh

Northwestern Journal of International Law & Business

Countertrade is a form of international trade which involves payment partially or in full with goods rather than with money. It is clearly growing and becoming an increasingly important part of the international business environment. Although many do not prefer to do business through countertrade, trade experts have concluded that world economic conditions have made countertrade a necessary financing mechanism for countries that cannot pay cash for their imports. In order to trade with these countries and to open up new markets in countries with limited resources, United States companies must educate themselves about the advantages and drawbacks of countertrade. …


Extraterritorial Application Of United States Commodity And Securities Laws To Market Transactions In An Age Of Intercontinental Trading Links, Harold A. Malkin Jan 1985

Extraterritorial Application Of United States Commodity And Securities Laws To Market Transactions In An Age Of Intercontinental Trading Links, Harold A. Malkin

Northwestern Journal of International Law & Business

The recently operational trading link between the Chicago Mercantile Exchange ("CME") and the Singapore International Monetary Exchange ("SIMEX") is one of the most significant developments to occur in the securities industry in recent memory. While the initial phase of this intermarket, intercontinental link involves only the trading of Eurodollar, Deutsche mark, and Japanese yen futures contracts, the prospects for the trading of additional contracts, and the further expansion of trading hours, ultimately to round-the-clock trading, appear favorable. The internationalization of both foreign and domestic futures markets is clearly the order of the day. A trading link connecting the futures exchanges …


Callejo V. Bancomer, S.A.: The Need For A Commercial Activity Exception To The Act Of State Doctrine, Bryan J. Blankfield Jan 1985

Callejo V. Bancomer, S.A.: The Need For A Commercial Activity Exception To The Act Of State Doctrine, Bryan J. Blankfield

Northwestern Journal of International Law & Business

The ability of the United States courts to adjudicate claims against foreign sovereigns is limited by the Foreign Sovereign Immunities Act of 1976 ("FSIA") and the act of state doctrine. In Dunhill, a plurality of the Court held that the "concept of an act of state should not be extended to include the repudiation of a purely commercial obligation. Recently, the Fifth Circuit in Callejo v. Bancomer, S.A. examined the plurality's commercial activity exception in Dunhill, yet declined to decide whether to adopt the exception with respect to the act of state doctrine. This Note analyzes the commercial activity exception …


In Search Of Effective Policies For Foreign Direct Investment: Alternatives To Tax Incentive Policies, Kojo Yelpaala Jan 1985

In Search Of Effective Policies For Foreign Direct Investment: Alternatives To Tax Incentive Policies, Kojo Yelpaala

Northwestern Journal of International Law & Business

It is now largely recognized that the multinational enterprise ("MNE") can play a significant role in the industrialization of a number of different countries. The major way in which the MNE can contribute toward the industrialization of a country is through foreign direct investment ("FDI"). To induce such MNE investment, several host countries have relied significantly on fiscal incentives in general and tax incentives in particular for over half a century. However, after several decades, the effects of these tax incentives on the motivation of MNEs to invest in incentive granting countries continues to be the focus of a heated …


Immunity From Seizure For Artworks On Loan To United States Museums, Rodney M. Zerbe Jan 1985

Immunity From Seizure For Artworks On Loan To United States Museums, Rodney M. Zerbe

Northwestern Journal of International Law & Business

This Comment will first examine the text of the IFSA to determine the scope of protection available under the Act. Second, this Comment will note the Congressional purposes underlying the IFSA, as evidenced by the available legislative history. Third, this Comment will examine the scope of immunity available under the Act. Fourth, this Comment will consider the procedures and substantive criteria employed in deciding whether immunity should be granted. Finally, this Comment will question the compatability of the IFSA with the more recently enacted Foreign Sovereign Immunities Act of 1976, under which Congress transferred the authority for granting immunity to …


Effective Dispute Resolution In United States-Japan Commercial Transactions Perspectives , Hoken S. Seki Jan 1985

Effective Dispute Resolution In United States-Japan Commercial Transactions Perspectives , Hoken S. Seki

Northwestern Journal of International Law & Business

This article seeks to acquaint the United States businessman and his legal counsel with the Japanese perspective, providing a greater level of understanding that would permit a more satisfying and effective conclusion to the dispute resolution process. The author's frequent visits to Japan, his years of representing Japanese individuals and corporations and his study of treatises by noted authorities, identified in the footnotes, are sources for the opinions and perspectives presented in this article. It is hoped that this article will be particularly useful in providing an over- view to those who have not had extensive previous contact with Japan, …


Blocking And Clawing Back In The Name Of Public Policy: The United Kingdom's Protection Of Private Economic Interests Against Adverse Foreign Adjudications, Michael L. Novicoff Jan 1985

Blocking And Clawing Back In The Name Of Public Policy: The United Kingdom's Protection Of Private Economic Interests Against Adverse Foreign Adjudications, Michael L. Novicoff

Northwestern Journal of International Law & Business

Like their common law cousins, the courts of the United Kingdom have long claimed the authority to decline recognition to foreign sovereign acts which pose a threat to their nation's public policy. This Article surveys the British cases in which such discretion has been or might have been exercised, and it concludes that the doctrine is no longer applied in the very instances for which it was developed. Instead, it appears that the doctrine is, in its old age, used merely as a pretext for the advancement of British economic interests at the expense of international comity. A new model …


Establishing Locus Standi Under Article 173(2) Of The Eec Treaty, Edward J. Tabaczyk Jan 1985

Establishing Locus Standi Under Article 173(2) Of The Eec Treaty, Edward J. Tabaczyk

Northwestern Journal of International Law & Business

Article 173 of the Treaty of Rome allows natural and legal persons to obtain judicial review of certain legal acts of the Council or Commission of the European Economic Community (EEC Council or Commission). Specifically, Article 173(2) allows nonaddressees of a decision or a decision in the form of a regulation to petition the Court of Justice of the European Community (the European Court) for an annulment of the legal act on one of four grounds. Before an application for an annulment is admissible, however, the applicant must show that the legal act is of "direct and individual concern" to …


A Primer For Incorporating Under The Income Tax Laws Of France, Germany, Or The United Kingdom, Francene M. Augustyn Jan 1985

A Primer For Incorporating Under The Income Tax Laws Of France, Germany, Or The United Kingdom, Francene M. Augustyn

Northwestern Journal of International Law & Business

This article discusses the income tax considerations relevant to a decision to incorporate a business abroad. The article provides an overview of some of the more important aspects of the corporate income tax laws of France, the Federal Republic of Germany, and the United Kingdom. The provisions of the countries' respective tax codes are contrasted and compared; included in this comparison are analogous provisions contained in the Internal Revenue Code of the United States. Due to the ever-changing character of the provisions of the countries' respective tax codes, this article is not an exhaustive study of any one country's tax …


Performance Bonds, Bankers' Guarantees, And The Mareva Injunction, Peter S. O'Driscoll Jan 1985

Performance Bonds, Bankers' Guarantees, And The Mareva Injunction, Peter S. O'Driscoll

Northwestern Journal of International Law & Business

Performance bonds and bankers' guarantees are common features of international sales and construction contracts. They figure prominently in contracts with buyers and employers in the Middle East. In recent years, the amounts represented by these instruments have grown so large that banks have begun to syndicate them in order to limit the exposure of any one bank. With so much at stake, it is imperative that traders, bankers, and lawyers understand the legal implications of performance bonds and bankers' guarantee agreements and the treatment of such agreements by the courts. This Comment will address some of the problems associated with …


Confusion In The Harbor: Compulsory Pilots Collide With The Motorship Fsia, Robert M. Jarvis Jan 1985

Confusion In The Harbor: Compulsory Pilots Collide With The Motorship Fsia, Robert M. Jarvis

Northwestern Journal of International Law & Business

The purpose of this article is neither to exhaustively review the legis- lative history of the Act,7 nor to comment on the various amendments draw criticism and corrections which have been put forth. Instead, this article focuses on one small problem contained in one discrete section of the Act. The provision which forms the basis of this article is § 1605(b),s and the prob- lem that will be discussed is the rule announced in that section which prohibits the arrest of a vessel owned by a foreign sovereign. Because much has been written about the arrest provisions of the FSIA,9 …


Revised Generalized System Of Preferences: Instant Replay Or A Real Change, D. Robert Webster, Christopher P. Bussert Jan 1985

Revised Generalized System Of Preferences: Instant Replay Or A Real Change, D. Robert Webster, Christopher P. Bussert

Northwestern Journal of International Law & Business

This article will discuss in detail the GSP in the United States. Ini- tially, it will examine the salient features of the original GSP program and subsequently the legislative hearings culminating in the extension of the GSP program. Finally, the article will explore the renewed version of the GSP and discuss its application.


Unctad Code Of Conduct For Liner Conferences: Trade Milestone Or Millstone--Time Will Soon Tell, The Perspectives, Leslie Kanuk Jan 1984

Unctad Code Of Conduct For Liner Conferences: Trade Milestone Or Millstone--Time Will Soon Tell, The Perspectives, Leslie Kanuk

Northwestern Journal of International Law & Business

A careful examination of the Code itself reveals it to be a poorly drafted, internally contradictory and ambiguous document-open to va- rying interpretations of form and substance-which implicitly requires an elaborately complex regulatory mechanism to assure that its cargo- sharing provisions are adhered to by Codist signatories. The Code may also prove to be the proverbial camel's nose under the tent. It purports, as its title implies, to be a code of conduct for liner conferences. How- ever, various informed interpretations of the Code, and premature unilat- eral efforts by some nations to implement the Code, indicate that non-conference carriers …


Liquidating The Foreign Personal Holding Company: Alternative Considerations, Neil M. Goff Jan 1984

Liquidating The Foreign Personal Holding Company: Alternative Considerations, Neil M. Goff

Northwestern Journal of International Law & Business

Prior to 1937, it was common for United states taxpayers to utilize offshore corporate entities, structured in the form of a foreign personal holding company ("FPHC") to avoid United States taxation. As indi- cated by the House Committee Notes accompanying enactment of the Revenue Act of 1937, "[t]he evidence presented to the joint committee has shown that foreign personal holding companies have afforded one of the most flagrant loopholes for tax avoidance."' The primary problem faced by the lawmakers in 1937 was the fact that the United States was unable to acquire direct taxing jurisdiction over such companies due to …


Jeanneret V. Vichey: Sales Of Illegally Exported Art Under The Uniform Commercial Code, William Pearlstein Jan 1984

Jeanneret V. Vichey: Sales Of Illegally Exported Art Under The Uniform Commercial Code, William Pearlstein

Northwestern Journal of International Law & Business

Jeanneret v. Vichey reveals such a development. Depending on its final disposition, it may be of great consequence to the United States art market. The narrow legal question in Jeanneret is whether the Italian government's threats to confiscate an illegally exported work of art or to fine its owner constitute a sufficiently substantial cloud on title to support a buyer's claim of breach of the warranty of title provided by Uniform Commercial Code (UCC) § 2-312.11 The broader underlying issue is whether any exporting nation, by threatening actual or potential owners with fines or confiscation, can cloud the title to …


Warsaw Convention Liability Limitations: Constitutional Issues, Thomas J. Dolan Jan 1984

Warsaw Convention Liability Limitations: Constitutional Issues, Thomas J. Dolan

Northwestern Journal of International Law & Business

The equal protection claim closely tracks the substantive due pro- cess claim. Both claims will succeed only if the liability limitations prove not to be means rationally related to a legitimate purpose. A right-to-travel challenge to the liability limitations should also fail. The liability limitations simply do not restrict travel. Nor do the liability limitations impose a prohibitive penalty on international air trav- elers. There is no constitutional right to the most desirable liability terms nor to the least expensive transportation. There remains the question of whether the liability limitations, converted to dollars at the last official price of gold, …


Foreign Banking In Indonesia, Robert N. Hornick Jan 1984

Foreign Banking In Indonesia, Robert N. Hornick

Northwestern Journal of International Law & Business

The purpose of this article is to discuss the regulation of foreign banking in Indonesia, including the regulation of onshore and offshore banking activities, and local security devices. Although the offshore business of foreign banks has been relatively more active over the years than the onshore business, there has been a recent sharp increase in on- shore business, and some indication of a more sympathetic attitude to onshore foreign banking by the regulatory authorities. This suggests that it is an appropriate time for surveying the foreign bank regulations of Indonesia.