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Articles 391 - 420 of 453
Full-Text Articles in International Law
Some Aspects Of The Decision-Making Process In The European Communities, Francis Crijns
Some Aspects Of The Decision-Making Process In The European Communities, Francis Crijns
Northwestern Journal of International Law & Business
The European Community finds itself in a state of almost permanent crisis as the process of integration continues to stagnate; all of its noble objectives still be be realized; and since 1958, bedevilled with many new problems, especially in the areas of environmental and energy policy. Furthermore, the socio-economic sitaution has changed fundamentally with the enlargement of the Community to ten member states in 1981 which has weakened rather then strengthened the possibliities to cope with these difficulties. In addition to these general considerations, institutional factors, such as the procedures according to which decisions are made in the Communities and …
Lawyers And Diplomats: Some Personal Observations, William Jr. Bodde
Lawyers And Diplomats: Some Personal Observations, William Jr. Bodde
Northwestern Journal of International Law & Business
The American Experience has prove wrong de Tocqueville's contention that lawyers and missionaries make poor diplomats. Our diplomatic history is rich in successful and prominent lawyer-diplomats, demonstrating that even such a perceptive and sensitive observer of the American scene as the French historian could be mistaken.
Book Review: The New Nationalism And The Use Of Common Spaces: Issues In Marine Pollution And The Exploitation Of Antartica
Northwestern Journal of International Law & Business
As attention focuses upon the Antartic continent and other common international spaces as possible targets for development, decisionmakers mut be sensitive to the myriad, complex problems involved with such development. The development of Antartica, the subject of this study, must be attempted only after careful though and must progress incrementally. Two tensions, however, operate to distract us from studied development. They are resource scarcity and growing nationalism.
Agency Law In The Arabian Peninsula And North Africa, Paul Homsy
Agency Law In The Arabian Peninsula And North Africa, Paul Homsy
Northwestern Journal of International Law & Business
This article examines the agency laws of Algeria, Egypt, Iraq, Jordan, Kuwait, Saudi Arabia, and the United Arab Emirates. These countries were chosen because they are representative of the different legal approaches to the regulation of agents in the Middle East. For example, Algeria and Iraq, which have state controlled economies, severely restrict the use of agents. Egypt has significantly relaxed state controls on its economy during the last decade and, in general permits the use of agents while retaining few restritions on their use in the sale of certain commodities. Saudi Arabi's free enterprise economy is dominated by public …
Title V Of The 2nd Lome Convention Between Eec And Acp States: A Critical Assessment Of The Industrial Cooperation As It Relates To Africa, Ndiva Kofele-Kale
Title V Of The 2nd Lome Convention Between Eec And Acp States: A Critical Assessment Of The Industrial Cooperation As It Relates To Africa, Ndiva Kofele-Kale
Northwestern Journal of International Law & Business
On October 31, 1979, representatives from fifty-eight African-Caribbean-Pacific (ACP) and nine European Economic Community (EEC) States signed the second Lome Convetion. This agreement will govern the technical, commercial, and financial relations between the two groups of countries from March 1, 1980 through February 28, 1985. Lome II is the fifth in a series of conventions concluded between the EEC countries and the developing nations of Africa, the Caribbean, and the Pacific. Like its predecessors, Lome II was designed to "establish a model for relations between developed and developing states," and lay the foundation for a "New International Economic Order." Toward …
A Method For Analyzing The Effect Of Competition On Restricting Imports, Benjamin I. Cohen
A Method For Analyzing The Effect Of Competition On Restricting Imports, Benjamin I. Cohen
Northwestern Journal of International Law & Business
The President is authorized, pursuant to Section 203 of the Trade Act of 1974, to restrict imports of a commodity when these imports are the principle cause of injury to United States firms producing the same article. In such an "escape clause" proceeding, the President is to take into account, inter alia, "the effect of import relief on consumers... and on competition in the domestic markets for such articles."
Mca, Inc. V. United States: Judicial Recognition Of The Separate Interests Theory, Daniel N. Zucker
Mca, Inc. V. United States: Judicial Recognition Of The Separate Interests Theory, Daniel N. Zucker
Northwestern Journal of International Law & Business
For United States federal tax purposes, the classificaiton of an entity as a partnership or a corporation has significant ramifications, particularly with respect to entities in foreign countries. Classification is especially important to the owners - whether shareholders or partners - of the entity because the question of whether they are taxed on their share of the profits or only upon repartriation will often depend on how the entity, set up under foreign law, is recognized by the Internal Revenue Service (Service). While entity classification in the domestic area has always been vulnerable to challenge, foreign entities face an additional …
Perspectives On Foreign Banking In The United States, Henry C. Wallich
Perspectives On Foreign Banking In The United States, Henry C. Wallich
Northwestern Journal of International Law & Business
Foreign banking has had a great expansion in the United States. This evolution has been accompanied by a variety of questions and concerns on the part of the public, American legislators and regulators, and American bankers. Many of these concrns have been allayed by the passage of the International Banking Act. Some nevertheless remain. To evalute them, I will begin by setting forth the benefits that foreign banks have brought to the United States. Then I will take a look at the principles that have guided and, I believe, should continue to guide United States' policy in this regard.
Exports, Banking And Antitrust: The Export Trading Company Act - A Modest Tool For Export Promotion, George E. Garvey
Exports, Banking And Antitrust: The Export Trading Company Act - A Modest Tool For Export Promotion, George E. Garvey
Northwestern Journal of International Law & Business
There is an almost universally held perceptoin that expanded export trade is essential to a robust United States economy. President Carter, for example, stated in a report to Congress that export expansion is critical to the health of our economy. Huge balance of payments deficits in recent years, the increasingly successfuly and visible penetration of United States markets by foreign producers, and substantial unemployment in basic industry have all fuedl this concern. These conditions have led naturally to a two-pronged response by the public and members of Congress: first, the call for greater protection against foreign competition; and second, a …
Book Review: Eec Competition Law: Business Issues And Legal Principles In Common Market Antitrust Cases By U.P. Toepke
Northwestern Journal of International Law & Business
EEC competition law can be a strange and baffling creature for an observer familiar only with United States antitrust law. There is a tendency to make very straight-forward comparisons between these two systems. Each system is part of a federal structure of legal regulation which applies to practices capable of affecting trade between member states. In additiona, both the Sherman Act and the Treaty of Rome establish two-part scheme for regulation competition with different standards in judging agreements between firms on the one hand and the actions of monopolists or dominant firms on the other hand. Like sections 1 and …
United States International Competitiveness And Trade Policies For The 1980s, Dan Quayle
United States International Competitiveness And Trade Policies For The 1980s, Dan Quayle
Northwestern Journal of International Law & Business
A new wave of protectionism is upon us and its undertow, if not the wave itself, constitutes a serious threat to the Western alliance. This "neo-protectionism" differs from familiar past practices relying heavily on higher tariffs; it is more often charactierized by the use of more subtle ploys such as dumping, subsidization, and the erection of difficult marketing requirements for foreign traders.
Can Gatt Export Subsidy Standards Be Ignored By The United States In Imposing Countervailing Duties?, David Simon
Can Gatt Export Subsidy Standards Be Ignored By The United States In Imposing Countervailing Duties?, David Simon
Northwestern Journal of International Law & Business
Under United States law, the Department of Commerce (Department) and the International Trade Commission (ITC) are authorized to impose countervailing duties on imported merchandise that has been provided with foreign government export subsidies which result in, or threaten, material harm to United States industry. The United States is, however, a party to international agreements that contain elaborate "guidelines," and "illustrative" examples, dealing with both prohibited and permitted governmental export subsidies. These international export subsidy rules have been incorporated into the definition of "subsidy" set forth in United States countervailing duty law. Nevertheless, the Department evidently takes the positions that it …
Income Tax Treaty Shopping: An Overview Of Prevention Techniques, Kenneth A. Grady
Income Tax Treaty Shopping: An Overview Of Prevention Techniques, Kenneth A. Grady
Northwestern Journal of International Law & Business
The Internal Revenue Service in recent years has been particularly concerned about third-country residents use of bilateral income tax treaties to avoid paying tax on United States source income. Although third-country residents have benefitted from United States bilateral income tax treaties for more than twenty years, the loss of tax revenue from such unintended use was not considered a major problem. The recent proliferation of tax treaties between the United States and tax havens which resulted in an increased loss of tax revenues, however, has caused the Internal Revenue Service (IRS) to change its evaluation of the treaty shopping problem. …
Book Review: China's Economy In Global Perspective. By A. Doak Barnett
Book Review: China's Economy In Global Perspective. By A. Doak Barnett
Northwestern Journal of International Law & Business
China'a Economy in Global Perspective surveys China's prospects as it enters the international community in its quest for rapid economic expansion. In analyzing the changes in China's economic relations with foreign countires, Barnett ponders both the internal and international implications of China's new policies. Beginning with the changes in China's domestic policies, he shows how change in China's international economic relations have led to increased foreign trade and acquisition of advanced technology from abroad. Mr. Barnett then discusses the prospects for continued growth in China's foreign trade and absorption of new technology, as well as the problems and opportunities for …
Comity And The International Application Of The Sherman Act: Encouraging The Courts To Enter The Political Arena, Steven A. Kadish
Comity And The International Application Of The Sherman Act: Encouraging The Courts To Enter The Political Arena, Steven A. Kadish
Northwestern Journal of International Law & Business
In this article, Mr. Kadish discusses the comity analysis of Timberlane Lumber Company v. Bank of America, and examines what it involves, what it accomplishes, whether it is justified, and whether there are preferable alternatives to it. He concludes that the Timberlane analysis should rejected, or at least limited becauses its use to determine United States' court jurisdiction is at best questionable, because it violates traditional abstention doctrine and current Supreme Court and Congressional treatment of foreigners' activities, because there may be insurmountable practical difficulties in applying the analysis, and because the analysis encourages courts to enter the political arena.
International Trading Companies: Building On The Japanese Model, Robert W. Dziubla
International Trading Companies: Building On The Japanese Model, Robert W. Dziubla
Northwestern Journal of International Law & Business
Passage of the Export Trading Company Act of 1982 provides new opportunities for American business to organize and operate general trading companies. After presenting a thorough history and description of the Japanese sogoshosha, Mr. Dziubla gives several compelling reasons for Americans to establish export trading companies. He also examines the changes in United States banking and antitrust laws that have resulted from passage of the act and offers suggestions for drafting guidelines, rules, and regulations for the Export Trading Company Act.
The Companies Act, 1980: Its Effects On British Corporate Law, M. Freeman Durham
The Companies Act, 1980: Its Effects On British Corporate Law, M. Freeman Durham
Northwestern Journal of International Law & Business
The Companies Act, 1980, makes basic and important changes in the corporate law of Great Britain. It implements European Economic Community Second Directive on Company Law, and also extends regulations on director conflicts of interest, introduces prohibitions on insider dealing, requires directors to take employee interest into account, and facilitates minority shareholder access to the courts.
The Third United Nations Conference On The Law Of The Sea: Questions Of Equity For American Business, Marlene Dubow
The Third United Nations Conference On The Law Of The Sea: Questions Of Equity For American Business, Marlene Dubow
Northwestern Journal of International Law & Business
Three decades ago, the search for petroleum and natural gas moved to the ocean floor. Offshore exploration, modestly begun in shallow water, opened up a new frontier in petroleum exploration and exploitationwhich now extends to water depths beyond 1600 feet. Today, the seabeds off the shores of coastal countries supply approximately seven percent ot the world's oil and gas requirements. Yet only a small portion of the world's continental shelves have actually been tested for their natural resource potential, and exploration of the potential petroleum and natural gas supply of the deep seabed is still in its infancy.
The Promised Land: Analysis Of Environmental Factors Of United States Investment In And Development Of The Amazon Region In Brazil, Daniel P. Caswell
The Promised Land: Analysis Of Environmental Factors Of United States Investment In And Development Of The Amazon Region In Brazil, Daniel P. Caswell
Northwestern Journal of International Law & Business
This comment will look at the social, economic, and environmental situation pertaining to the Amazon region, the present regulation and policy, and foreseeable future trends, from three vantage points. The Brazilian perspective is one of conflicting interests, with the country's dramatic need for economic development balanced against its need to prevent the Amazon, its most valuable resource, from total destruction. The international perspective is one of increasing awareness of the global impact of the deforestation of tropical moist forests, and the need to develop and implement regional and international policies to manage this resource. The United States perspective considers the …
Scope Of Action Against Unfair Import Trade Practices Under Section 337 Of The Tariff Act Of 1930, J. Stephen Simms
Scope Of Action Against Unfair Import Trade Practices Under Section 337 Of The Tariff Act Of 1930, J. Stephen Simms
Northwestern Journal of International Law & Business
Section 337 of the Tariff Act of 1930 and general powers of the United States International Trade Commission (ITC) provide the Commissions with a range of actions in cases of unfair methods of competition or unfair acts involved in importation of articles or in their sale. This comment will discuss the actions available to the Commission under Section 337, and suggest how the Commission should apply them.
Enforcement Of Foreign Arbitral Awards In The United States, J. Stewart Mcclendon
Enforcement Of Foreign Arbitral Awards In The United States, J. Stewart Mcclendon
Northwestern Journal of International Law & Business
In this article, Mr. McClendon describes the requirements and procedures for enforcing arbitral awards in the United States. The author examines the provisions of both the New York Convention and the United States Arbitration Act. Mr. McClendon focuses on the substantive and procedural defenses to enforcement of foreign arbitral awards, and reviews the relevant United States case law.
Government Antitrust Actions And Remedies Involving Foreign Commerce: Procedural And Substantive Limitations, William C. Holmes
Government Antitrust Actions And Remedies Involving Foreign Commerce: Procedural And Substantive Limitations, William C. Holmes
Northwestern Journal of International Law & Business
In recent years, application of American antitrust laws to activities in foreign commerce has been a source of controversy. In this article, Mr. Holmes addresses criticisms directed at the application of the antirtust laws to commercial activities abroad, and argues that these criticisms, while not without some merit, often fail to recognize the procedural and substantive limitations which have recently been imposed upon government agencies. Mr. Holmes discusses these limitations at length.
Dumping Of Non-Factor Services: Some Implications Of Recent Experiences With Controlled-Economy Shipping, John A. Zerby, Robert A. Ellsworth, Austin L. Schmitt
Dumping Of Non-Factor Services: Some Implications Of Recent Experiences With Controlled-Economy Shipping, John A. Zerby, Robert A. Ellsworth, Austin L. Schmitt
Northwestern Journal of International Law & Business
Dumping generally brings lower prices to the consumers of the importing country, the benefit of which is dispersed throughout the economy unless it is outweighed by genuine injury to a domestic industry. The essential element in the regulation of dumping is, therefore, the problem of determining when injury is sufficient to justify remedial action. In the United States, and in many other countries, the standard for such determination have evolved from the notion that dumping is an example of price discrimination between countries. If a higher price in the exporting country can be traced to monopolistic control over the domestic …
Injury Standards In Section 337 Investigations, Brian G. Brunsvold, Charles F. Schill, Ursula Schwendemann
Injury Standards In Section 337 Investigations, Brian G. Brunsvold, Charles F. Schill, Ursula Schwendemann
Northwestern Journal of International Law & Business
In this article the authors analyze the impact of the Trade Act of 1974 on Section 337 cases. They focus on the standards the International Trade Commission (ITC) uses in making its injury determinations in Section 337 cases. The authors also address the limited nature of judicial review over final ITC determinations, and conclude that the enhanced role of the ITC in Section 337 proceedings brought about by the Trade Act of 1974 creates a need for private litigants to build a thorough record on the issue of actual or incipient injury in proceedings before the ITC
Modifying The Foreign Corrupt Practices Act: The Search For A Practical Standard, John W. Duncan
Modifying The Foreign Corrupt Practices Act: The Search For A Practical Standard, John W. Duncan
Northwestern Journal of International Law & Business
This comment will examine the Senate's proposed amendment to the FCPA, taking into consideration the resulting economic, political, and moral burdens. The first section reviews criticisms of the FCPA's accounting and anti-bribery provisions. The following section analyzes whether and how the Business Practices and Records Act (BPRA) addresses the FCPA's shortcomings. in addition, this comment discusses possible effects of the Senate's proposal on the possibility of a multilateral agreement on corrupt payments to foreign officials, and on purely private transactions.
Eximbank As A Public Enterprise: The Role Of Congress And The Executive Branch, Jordan Jay Hillman
Eximbank As A Public Enterprise: The Role Of Congress And The Executive Branch, Jordan Jay Hillman
Northwestern Journal of International Law & Business
Eximbank, a wholly-owned government corporation with the status of an independent agency, operates under the charter of the Export-Import Bank of 1945, as amended. In this article, which forms a part of his broader study of the Bank, Professor Hillman examines the influence of Congress and the Executive Branch on Eximbank's policies and decisions. He analyzes the development of the statutory provisions governing capitalization, operating (especially lending) standards and organizational structure, as well as budget status and annual program authority. He then takes up the influence of the executive branch, as exercised through the President's power to appoint principal officers …
International Law And Community Treaty-Making Power, Hans Van Houtte
International Law And Community Treaty-Making Power, Hans Van Houtte
Northwestern Journal of International Law & Business
The European Community, in addition to its power within the Community, may negotiate and conclude agreements with states and other international organizations. In his article, Mr. van Houtte examines the Community's utilization of its treaty-making powers under community law as well as under international law. He concludes that the Community will attain full international status when it utilizes its treaty-making power completely and assumes full and exclusive responsibility for it.
Symposium On The European Economic Community -- An Introduction, Dennis Thompson
Symposium On The European Economic Community -- An Introduction, Dennis Thompson
Northwestern Journal of International Law & Business
The editors of the Northwestern Journal of International Law & Business are to be congratulated for commemorating the 25th anniversary of the founding of the European Economic Community with this issue. This issue brings together many distinguished experts to deal with the very diverse legal consequences of the Rome Treaty. From these contributions it will be seen that the new legal order in Europe has taken firm root.
The Hague Conference And The Main Issues Of Private International Law For The Eighties, George A.L. Droz, Adair Dyer
The Hague Conference And The Main Issues Of Private International Law For The Eighties, George A.L. Droz, Adair Dyer
Northwestern Journal of International Law & Business
The Hague Conference on Private International Law has attempted, since its revitalization in the 1950, to unify the rules of private international law. The efforts of the Conference have in the past centered around the fields of civil procedure, conflict of laws, the international sale of goods, products liability and international family law. Messrs. Droz and Dyer review the history of the achievements of the Conference in these fields and reflect on the problems and opportunities the Conference will encounter in the 1980"s.
Providing Fair Conditions Of Competition Under The Free Trade Agreements Of The European Economic Community, E.J. Mestmacker
Providing Fair Conditions Of Competition Under The Free Trade Agreements Of The European Economic Community, E.J. Mestmacker
Northwestern Journal of International Law & Business
Professor Mestmacker analyzes the competition provisions of the Free Trade Agreements that the Community has negotiated with many of its trading partners. The direct applicability of these provisions by reference to the standards of Community law is considered and rejected Professor Mestmacker then develops the relevant standards for applying these provisions to commerce between the Community and its trading partners.