Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Trade Law (98)
- Antitrust and Trade Regulation (48)
- Banking and Finance Law (37)
- Commercial Law (33)
- Comparative and Foreign Law (29)
-
- Securities Law (27)
- Business Organizations Law (25)
- Intellectual Property Law (22)
- Dispute Resolution and Arbitration (19)
- Law and Economics (19)
- Tax Law (19)
- Taxation-Transnational (16)
- Law and Politics (14)
- Energy and Utilities Law (13)
- Environmental Law (11)
- Jurisdiction (10)
- Labor and Employment Law (10)
- Air and Space Law (9)
- Contracts (9)
- Legislation (9)
- Criminal Law (8)
- Law and Society (8)
- Business (7)
- Constitutional Law (7)
- Internet Law (7)
- Secured Transactions (7)
- Transnational Law (7)
- Transportation Law (7)
- Keyword
-
- International Law (49)
- International law (31)
- International trade (23)
- China (22)
- European Union (21)
-
- Antitrust (19)
- Competition Law (16)
- World Trade Organization (14)
- European Commission (12)
- Foreign Corrupt Practices Act (10)
- GATT (10)
- WTO (10)
- Trade (9)
- General Agreement on Tariffs and Trade (8)
- International Trade (8)
- NAFTA (8)
- Constitutional Law (7)
- Jurisdiction (7)
- Canada (6)
- Europe (6)
- Japan (6)
- Trade barrier (6)
- Accounting (5)
- Accounting standards (5)
- Banking (5)
- Capital market (5)
- Convergence (5)
- IFRSs (5)
- International Financial Reporting Standards (5)
- Securities Law (5)
- Publication Year
- File Type
Articles 361 - 390 of 453
Full-Text Articles in International Law
Economic And Trade Related Aspects Of Transborder Data Flow: Elements Of A Code For Transnational Commerce Perspectives , Ronald Wellington Brown
Economic And Trade Related Aspects Of Transborder Data Flow: Elements Of A Code For Transnational Commerce Perspectives , Ronald Wellington Brown
Northwestern Journal of International Law & Business
Transborder Data Flow is international communication. TBDF is the more widely used term. In this Perspective, the terms TBDF and international information transfer will be used interchangeably. Either term can be defined, somewhat elaborately, as the electronic transmission of personal or non-personal information across political boundaries for processing, or storing in computer files. More simply, TBDF is interna- tional movement of information over transnational computer-communi- cation systems. Transfer of information over transnational computer systems is the underlying concept. Proposed or actual restrictions on such transfers are the underlying problem. Interests advanced or re- strained by policies applicable to such transfers …
International And Interstate Approaches To Taxing Business Income, David M. Hudson, Daniel C. Turner
International And Interstate Approaches To Taxing Business Income, David M. Hudson, Daniel C. Turner
Northwestern Journal of International Law & Business
In the United States, many states have sought the objective of uni- formity by enacting the Uniform Division of Income for Tax Purposes Act (UDITPA). In addition, many of those same states have entered into the Multistate Tax Compact (MTC). The salutary objective of both the UDITPA and the MTC is to provide uniform rules for the allocation and apportionment of income, in order to facilitate both compliance and enforcement, as well as to reduce the likelihood of double taxation. The promised uniformity, however, has been at the same time both illusive and elusive. Experience with the UDITPA and the …
Compliance And Enforcement In International Law--Oil Pollution Of The Marine Environment By Ocean Vessels, Paul Stephen Dempsey
Compliance And Enforcement In International Law--Oil Pollution Of The Marine Environment By Ocean Vessels, Paul Stephen Dempsey
Northwestern Journal of International Law & Business
The United Nations has responded to marine pollution by charging its specialized agency, the Inter-Governmental Maritime Consultative Organization ("IMCO"), with the dual obligations of improving mari- time safety and preventing marine pollution. Yet, despite several major conventions intended to eliminate outmoded tanker designs and pollut- ing practices, oil spills and discharges continue. This article will address the question of compliance with and en- forcement of international agreements concerning oil pollution by tank- ers. In particular, it will analyze the enforcement and compliance records of maritime nations under the existing international legal re- gime-OILPOL. It will be demonstrated that the effectiveness …
Deregulation Of The Liner Conference System: The Creation Of Countervailing Power In Shippers As A Means To Control Oligopoly Market Power, Andrew M. Danas
Deregulation Of The Liner Conference System: The Creation Of Countervailing Power In Shippers As A Means To Control Oligopoly Market Power, Andrew M. Danas
Northwestern Journal of International Law & Business
The United States liner industry, both in its competitive rate struc- ture and in the competitiveness of United States based flag companies, has been declining for at least the past decade. This decline has prompted policymakers to propose that the United States liner confer- ence system be deregulated. Generally, two themes underlie these pro- posals: an elimination or weakening and streamlining of the regulatory powers of the Federal Maritime Commission (the United States is one of the few nations with a regulatory agency exclusively devoted to regulat- ing the conference system), and a strengthening of the conferences' anti- trust immunity. …
Repeal Of The Thirty Percent Withholding Tax On Portfolio Interest Paid To Foreign Investors, Marilyn Doskey Franson
Repeal Of The Thirty Percent Withholding Tax On Portfolio Interest Paid To Foreign Investors, Marilyn Doskey Franson
Northwestern Journal of International Law & Business
The first part of this comment will examine the taxation of foreign investors and the operation of the Eurobond market prior to the 1984 Act, as well as the events which prompted the passage of the repeal legis- lation. The second part will explain the provisions of the new legislation and the treasury regulations implementing those provisions. It will also discuss the implications of two recently-issued revenue rulings on the use of tax havens, the practice of treaty shopping, and the effects of these rulings on existing Eurobond issues. The third part will address the pol- icy arguments advanced in …
Employer Sanctions For Hiring Illegal Aliens: A Simplistic Solution To A Complex Problem, R. Paul Faxon
Employer Sanctions For Hiring Illegal Aliens: A Simplistic Solution To A Complex Problem, R. Paul Faxon
Northwestern Journal of International Law & Business
Several factors have led to the current push for sanctions against employers who hire illegal aliens. One main factor is the perception that illegal aliens take jobs from United States citizens and legal aliens, work- ers and negatively affect the national economy. Obviously, any percep- tion that the jobs of United States citizens are being lost tends to create an emotionally charged environment that hampers objective decision making. Further, frustration has built up because current legal mecha- nisms seem incapable of halting illegal immigration. This frustration has increased xenophobia. Finally, proponents of sanctions identify a major inequity in a law …
Verlinden B.V. V. Central Bank Of Nigeria: Expanding Jurisdiction Under The Foreign Sovereign Immunities Act, Patricia E. Bergum
Verlinden B.V. V. Central Bank Of Nigeria: Expanding Jurisdiction Under The Foreign Sovereign Immunities Act, Patricia E. Bergum
Northwestern Journal of International Law & Business
In 1976 Congress enacted the Foreign Sovereign Immunities Act' to clarify the law surrounding actions in United States federal courts against foreign states. Congress intended to establish "the sole and ex- clusive standards to be used in resolving questions of sovereign immu- nity" The Act provides comprehensive guidelines on when and how a party can bring suit against a foreign state. By contrast, Verlinden B. V v. Central Bank of Nigeria addresses who can bring suit under the Act. In Verlinden, the Supreme Court interpreted the Act to enable not only domestic plaintiffs, but also foreign plaintiffs, to sue foreign …
Marc Rich: An Expansion Of United States Criminal Jurisdiction Over Foreign Defendants, Debra Pogrund Stark
Marc Rich: An Expansion Of United States Criminal Jurisdiction Over Foreign Defendants, Debra Pogrund Stark
Northwestern Journal of International Law & Business
This Note will first examine how jurisdiction was asserted over Marc Rich & Co. through the district court's application of two theories of jurisdiction31 (the presence/doing business test and the transactingbusiness test) and the court of appeals' application of three theories of jurisdiction32 (the detrimental consequences test, the presence/doing business test, and the transacting business test).33 This Note will argue that Marc Rich underscores the inadequacy of the presence/doing busi- ness test in protecting a state's interest in prosecuting alleged violations of its laws.34 According to the district court, jurisdiction over Marc Rich & Co. would not have existed under …
Private Response To Foreign Unfair Trade Practices--United States And Eec Complaint Procedures, Marco C.E.J. Brocnkers
Private Response To Foreign Unfair Trade Practices--United States And Eec Complaint Procedures, Marco C.E.J. Brocnkers
Northwestern Journal of International Law & Business
This article will consider the effect of private complaint procedures on trade relations between GATT contracting parties. It will first ad- dress the complaint procedure established by Section 301 of the U.S. Trade Act of 1974 ("Section 301"). Following a survey of the scope of the Executive's retaliatory authority, this article will sketch the history of the private remedy created by Section 301. Next the discussion will fo- cus on three procedural themes: (i) the requirements private complain- ants must meet in order to successfully invoke Section 301, (ii) the relief private complainants can expect once the United States government …
Commentary On China's New Patent And Trademark Laws, A , L. Mark Wu-Ohlson
Commentary On China's New Patent And Trademark Laws, A , L. Mark Wu-Ohlson
Northwestern Journal of International Law & Business
In anticipation of the formulation of a patent and trademark law by the legislative organs of the People's Republic of China ("PRC"), attention in Chinese legal literature has frequently focused in recent years on the function of patent and trademark laws in China's Marxist economy. To a large extent, these recent writings focus on the paradox of incorporating into a socialist legal system laws with grant to individuals exclusive ownership rights to intellectual property. The manner in in which this paradox is resolved will no doubt mold the future of industrial property law in China.
United States Policy Regarding Technology Transfer To The People's Republic Of China, Elizabeth M. Nimmo
United States Policy Regarding Technology Transfer To The People's Republic Of China, Elizabeth M. Nimmo
Northwestern Journal of International Law & Business
This Comment will focus on the nature and likely effect of the new United States export licensing rules regulating the transfer of technology to China. Part I will address the history and development of United States export control policy to China. Part II will discuss both the ideo- logical debate over the appropriate China technology transfer policy, and the general licensing procedures under the United States Export Admin- istration Act. Part III will analyze the substantial changes in and practi- cal effect of the new licensing guidelines for China, and the policy reasons behind the changes. Part IV will assess …
United States Trade Policy Toward Foreign Commodity Markets: A Critique, John V. Rainbolt
United States Trade Policy Toward Foreign Commodity Markets: A Critique, John V. Rainbolt
Northwestern Journal of International Law & Business
New trading instruments and a concommitant increase in volume in United States future markets during the past decade has overshadowed somewhat a parallel market expansion involving foreign commodity exchanges serving an expanded United States and international customer base.
A Comparative Study Of British Barristers And American Legal Practice And Education, Marilyn J. Berger
A Comparative Study Of British Barristers And American Legal Practice And Education, Marilyn J. Berger
Northwestern Journal of International Law & Business
The conduct of a trial in England is undeniably an impressive undertaking. Costume alone transports the viewer to Elizabethan times. Counsel and judges, bewigged and gowned, appear in a cloistered, regal setting, strewn with leather-bound books. Brightly colored ribbons of red, green, yellow and white, rather than metal clips and staples fasten the legal papers. After comparison with the volatile atmosphere and often unruly conduct of a trial in a United States courtroom it is natural to assume that the British model of courtroom advocacy provides an instructive model for its American counterpart.
State Trading: Its Nature And International Treatment, Edmond M. Ianni
State Trading: Its Nature And International Treatment, Edmond M. Ianni
Northwestern Journal of International Law & Business
At least six considerations compel a review of the international practice of state trading. First, state trading is practiced widely throughout the world and embraces at least one quarter of world trade. From a domestic perspective, United States trade with state trading countries continues to grow and, therefore, is directly relevant to the United States national interest. Second, increasing international economic interdependence has augmented the role of state trading in international trade by the inducements of economic necessity and efficiency. Third, recent Eastern European trends toward greater private economic autonomy have facilitated trade relations between free market countries and state …
Legal Protection Of Computer Programs In The United Kingdom, Timothy S. Bishop
Legal Protection Of Computer Programs In The United Kingdom, Timothy S. Bishop
Northwestern Journal of International Law & Business
The computer software and firmware industries spend an enormous sum of money each year on the development of new programs. Developing, marketing and maintaing an individual program may involve a substantial investment. A potential for profit obviously exists if a successful program can be copied, thereby saving development and other related expenses, or if a copmuter user can run a program wihtout paying the usual fees to its owner. It is hardly surprising that considerable attention is now being focused on the means by which owners may secure legal protection against the copying or unauthorized use of their programs.
The Sinking Shipping Industry, Cynthia Y. Mccoy
The Sinking Shipping Industry, Cynthia Y. Mccoy
Northwestern Journal of International Law & Business
The United States has yet to develop a coordinated national shipping policy despite constant calls for a strong merchant marine dating from the country's inception. The lack of such a policy implicates broader national interests than those of shippers and ship-owners, such as the national defense, diplmoatic relations with United States trading partners, and the United States balance of payments.
Book Review: Uniform Law For Internatioal Sales Under The 1980 United Nations Convention By John Honnold
Northwestern Journal of International Law & Business
In 1980, a Diplomatic Conference of sixty-two states unanimously approved the United Nations Convention on Contracts for International Sale of Goods. This action concluded almost fifty years of effor to unify the law for the international sale of goods and, in the process, superseded the frequently criticized 1964 Hague Convention on the Uniform Law for the International Sale of Goods (ULIS) and the Uniform Law on the Formation of Contracts for the International Sale of Goods (ULF). Since that time, 21 states, including the United States, have signed the 1980 Convention and 2 states have ratified it.
Extraterritoriality: A Candian Perspective, Allan E. Gotlieb
Extraterritoriality: A Candian Perspective, Allan E. Gotlieb
Northwestern Journal of International Law & Business
Extraterritoriality, or "ET" as it is known in the trade, has long been a controversial subject in international law. In recent years, several dramatic examples of its application have raised its profile considerably. Perhaps the most glamorous treatment of extraterritoriality is E.T., the recent fil abou the dilemmas an unusual creature faces when he finds himself trapped in a foreign jurisdiction.
Williams V. Shipping Corp. Of India And Rex V. Cia. Pervana De Vapores, S.A.: The Seventh Amendment And The Foreign Sovereign Immunities Act Of 1976, Barbara A. Adams
Williams V. Shipping Corp. Of India And Rex V. Cia. Pervana De Vapores, S.A.: The Seventh Amendment And The Foreign Sovereign Immunities Act Of 1976, Barbara A. Adams
Northwestern Journal of International Law & Business
Suits against foreign sovereigns and their agents or instrumentalities are being brought in increasing numbers by American citizens and businesses in the United States court to resolve legal disputes, both at the federal and state levels. Although formerly absolutely prohibited, suits against foreign sovereigns acting in various commercial and business capacities have been allowed in the United States since the 1940s. In response to both the multitude of foreign policy and legal problems, and the general confusion arising out of the attempts by the executive and judicial branches of government to decide whether foreign sovereign immunity should be granted in …
United States/Common Market Agricultural Trade And The Gatt Framework, Simon Dodds
United States/Common Market Agricultural Trade And The Gatt Framework, Simon Dodds
Northwestern Journal of International Law & Business
The Western World is suffering from its worst recession since the depression of the 1930s. While many nations have been successful in reducing inflation, the level of unemployment continues to rise appreciably. Western governments have shielded domestic industries from foreign competition in an effort to preserve jobs. Political pressures have prompted those governments to fix the blame for their countries' economic ills on foreign culprits. They have turned away from international free trade and sought political salvation in protectionist policies. The international economic system has undergone severe strain.
Appellations Of Origin: The Continuing Controversey, Lori E. Simon
Appellations Of Origin: The Continuing Controversey, Lori E. Simon
Northwestern Journal of International Law & Business
Appellations of origin (appellations d'origine) are geographical denominations that indicate a product's origin, as well as particular distinctive and renowned qualities associated with the location. Because of the singularity of these titles, the disparity in national laws, and the potential for infringement of the rights associated with the names, protection of appeallations of origin continues to be a controversial topic in international trade law. The debate over protection of appellations of origin primarily stems from conflicting national economic interests and divergent fundamental conceptions of the purpose of protecting trade names. It is entangled further by cultural, linguistic, and historical differences …
United States International Communications And Information Policy: A Crisis In The Making?, Dante B. Fascell, Virginia M. Schlundt
United States International Communications And Information Policy: A Crisis In The Making?, Dante B. Fascell, Virginia M. Schlundt
Northwestern Journal of International Law & Business
The arrival of the highly-touted "information age" may precipitate a crisis for the United States if attention is not directed toward the impact of rapidly-changing communications technology on the American economy and society. Most discussions about the implications of the information age have centered on specific problem areas - such as regulation of transborder data flows, allocation of radio frequencies and deregulation of telecommunication services. This Perspective, however, will attempt to provide a cohesive discussion by examining the components of United Stats international communications and information policy, demonstrating their interrelationships, and pinpointing some of the implications of a failure to …
Worker Adjustment Assistance: The Failure & The Future, Steven T. O'Hara
Worker Adjustment Assistance: The Failure & The Future, Steven T. O'Hara
Northwestern Journal of International Law & Business
Free trade has long raised the specter of job loss to a wide range of American workers, particularly in periods of recession. Today, with the weakening of free-trade supporters, and the corresponding protectionist pressure mounting, Congress may be taking its eye of the long term benefits of free trade and focusing instead on the short-term, politically attractive benefits of protectionism. This Comment argues, however, that protectionism will in fact add many new faces to America's unemployment lines, and prolong the world recession - for protectionism invites retaliation, and no nation is so insulated from the world economy that it can …
Recent Development In Insider Trading Through Swiss Bank Accounts: An End To The "Double Standard", Jonathan Levin
Recent Development In Insider Trading Through Swiss Bank Accounts: An End To The "Double Standard", Jonathan Levin
Northwestern Journal of International Law & Business
In recent years, the Securities and Exchange Commission (SEC) has increased its efforts to combat insider trading in publicly-traded securities in order to ensure fairness, honesty, and confidence in the United States securities markets. Nevertheless, insiders continue to employ Swiss banks as a conduit for their trading activie with little fear of detection.
Book Review: The Law And Organisation Of International Commodity Agreements By Kabir-Ur-Rahman Khan
Book Review: The Law And Organisation Of International Commodity Agreements By Kabir-Ur-Rahman Khan
Northwestern Journal of International Law & Business
One wonders why a book that addresses a seemingly dead subject would be published now. Thus, the appearance on my desk of Kabir-ur-Rahman Kahn's book came as something of a surprise, particularly since I believed that I was the only other person in the history of humanity to devote book-length energy to the general subject of law and policy in intergovernmental primary commodity agreements. I was delighted, to say the least, to see that interest in the subject of primary commodity organizations had not faded away with the expansive dreams of the Common Fund. On the contrary, this new work …
An Overview Of The Japanese Legal System, Elliott J. Hahn
An Overview Of The Japanese Legal System, Elliott J. Hahn
Northwestern Journal of International Law & Business
Trade between the United States and Japan is growing at such a rapid pace that it is incumbent on those involved in private international law to be well-versed in the Japanese legal system. This Article is inteded to be of service to one weeking an overview of that system. The basic lesson for the reader is that the legal system is that the legal system of Japan differs significantly from that of the United States. This difference arises from disparate views of Americans and Japanese as to the fundamental purpose of a legal system. Upon reflection, it is perhaps not …
Japanese Labor Relations And Legal Implications Of Their Possible Use In The United States, Marcia J. Cavens
Japanese Labor Relations And Legal Implications Of Their Possible Use In The United States, Marcia J. Cavens
Northwestern Journal of International Law & Business
Current economic conditions have led many United States companies to search for ways of regaining competitive positions in international markets. Japan's enviable succes in international trade suggests several possible remedies, one of which is development of more harmonious labor-management relations. Some commentators have opposed the application of these cooperative labor practices in the United States, claiming that cultural differences are insurmountable. Japanese-style labor relations, however, have been implemented in the United States, either by conscious imitation, or though similar, domestically developed systems termed quality of worklife and participative management programs. Speculations about and experiments with Japanese labor relations have become …
Investing In Nigeria - The Law, Good Intentions, Illusion And Substance, Richard J. Faletti
Investing In Nigeria - The Law, Good Intentions, Illusion And Substance, Richard J. Faletti
Northwestern Journal of International Law & Business
The Journal has expressed concern whether the New Year's Eve coup d'etat in Nigeria may not have made obsolete the contents of this article. The mechanical workings of government in Nigeria are handled by a massive civil service bureaucracy. A new government will replace ministers and possibly permanent secretaries, but it will go no further. Many of the procedures, regulations and laws discussed within were put in place by the previous military government prior to 1979, were continued by the elected government, and will not be terminated by the new military government. I am convinced that bureaucratic life will go …
Energy Policy: A Norwegian Perspective, Tore Tonne
Energy Policy: A Norwegian Perspective, Tore Tonne
Northwestern Journal of International Law & Business
Few countries in the industrialized West are more energy directed than Norway. Whereas most nations have paid particular attention to the relationship between their economic growth and the consumption of energy, Norway has to a high degree based her industrialization and economic growth on the exploitation of indigenous energy resources. Therefore, establishing principles of developing and using energy resources has been an important political topic in Norway since industrialization gathered headway near the turn of the century.
Trademark Licensing Agreements Under The Eec Law Of Competition, Rene Joliet
Trademark Licensing Agreements Under The Eec Law Of Competition, Rene Joliet
Northwestern Journal of International Law & Business
A vast amount of legal literature has addressed the problem of restrictive patent licensing under Article 85 of the EEC Treaty and a substantial number of decision illustrate the EC Commission's policy on that patent-antitrust issue. In contrast, trademark licensing agreement have hardly caught the attention of legal writers and the Campari case of 1977 is the only decision that deals with them. Such paucity of case law is surprising for two reasons. First, trademark licensing agreement are fairly common business practice in sectors such as beer, soft drinks, aperitifs, chocolate, cigarettes, or clothing; and second, several appliations for exemption …