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Articles 241 - 270 of 512
Full-Text Articles in International Law
Who Should Hold Property Rights To The Human Genome? An Application Of The Common Heritage Of Humankind, Melissa L. Sturges
Who Should Hold Property Rights To The Human Genome? An Application Of The Common Heritage Of Humankind, Melissa L. Sturges
American University International Law Review
No abstract provided.
Slaying The Monster: Why The United States Should Not Support The Rome Treaty, Cara Levy Rodriguez
Slaying The Monster: Why The United States Should Not Support The Rome Treaty, Cara Levy Rodriguez
American University International Law Review
No abstract provided.
Spirits In The Material World: A Post-Modern Approach To United States Trade Policy, James M. Cooper
Spirits In The Material World: A Post-Modern Approach To United States Trade Policy, James M. Cooper
American University International Law Review
No abstract provided.
Free Trade Or Sustainable Development? An Analysis Of The Wto Appellate Body's Shift To A More Balanced Approach To Trade Liberalization, Padideh Ala'i
American University International Law Review
No abstract provided.
Due Process In The World Trade Organization: The Need For Procedural Justice In The Dispute Settlement System, John P. Gaffney
Due Process In The World Trade Organization: The Need For Procedural Justice In The Dispute Settlement System, John P. Gaffney
American University International Law Review
No abstract provided.
Give Me Your Tired, Your Poor, Your Fastball Pitchers Yearning For Strike Three: How Baseball Diplomacy Can Revitalize Major League Baseball And United States-Cuba Relations, Matthew N. Greller
Give Me Your Tired, Your Poor, Your Fastball Pitchers Yearning For Strike Three: How Baseball Diplomacy Can Revitalize Major League Baseball And United States-Cuba Relations, Matthew N. Greller
American University International Law Review
No abstract provided.
The Current Global Environment Outlook: How Is Industry Doing In Meeting The Rio Declaration Goals, 32 J. Marshall L. Rev. 289 (1999), Helene Genot, Dan Tarlock, Dixie Lee Laswell
The Current Global Environment Outlook: How Is Industry Doing In Meeting The Rio Declaration Goals, 32 J. Marshall L. Rev. 289 (1999), Helene Genot, Dan Tarlock, Dixie Lee Laswell
UIC Law Review
No abstract provided.
Deleting The Bolar Amendment To The Hatch-Waxman Act: Harmonizing Pharmaceutical Patent Protection In A Global Village, 32 J. Marshall L. Rev. 751 (1999), Ned Milenkovich
Deleting The Bolar Amendment To The Hatch-Waxman Act: Harmonizing Pharmaceutical Patent Protection In A Global Village, 32 J. Marshall L. Rev. 751 (1999), Ned Milenkovich
UIC Law Review
No abstract provided.
Budweiser Or Budweiser, 32 J. Marshall L. Rev. 1251 (1999), Jitka Smith
Budweiser Or Budweiser, 32 J. Marshall L. Rev. 1251 (1999), Jitka Smith
UIC Law Review
No abstract provided.
Third Reading Of The Palestinian Basic Law, Palestine
Third Reading Of The Palestinian Basic Law, Palestine
Case Western Reserve Journal of International Law
No abstract provided.
Why Likud Needs The Peace Process, Marshall J. Breger, Steven Speigel
Why Likud Needs The Peace Process, Marshall J. Breger, Steven Speigel
Scholarly Articles
No abstract provided.
Proceed With Caution: U.S. Policy Toward A Global Ban On Landmines, Anne Theodore Briggs
Proceed With Caution: U.S. Policy Toward A Global Ban On Landmines, Anne Theodore Briggs
Human Rights Brief
No abstract provided.
News From The Inter-American System , Cathleen Caron
News From The Inter-American System , Cathleen Caron
Human Rights Brief
No abstract provided.
The Market Tort In Private International Law, Michael J. Whincop, Mary Keyes
The Market Tort In Private International Law, Michael J. Whincop, Mary Keyes
Northwestern Journal of International Law & Business
Perhaps the most troublesome of all choice of law questions arises when a plaintiff asserts a cause of action for injuries arising from a contractual exchange entered in a market situation. This description embraces some of the most important case types in modern litigation: products liability, securities litigation, industrial accidents, medical negligence, and so on. Outside of private international law cases, these have represented the battlefields of recent tort "crises" and subsequent reforms. We shall refer to these cases as "market torts" . They represent the principal subject of analysis in this work. The rules that should apply where a …
Attorney Fee Arrangements: The U.S. And Western Perspectives, Virginia G. Maurer, Robert E. Thomas, Pamela A. Debooth
Attorney Fee Arrangements: The U.S. And Western Perspectives, Virginia G. Maurer, Robert E. Thomas, Pamela A. Debooth
Northwestern Journal of International Law & Business
This article develops an analytical framework for viewing the rules on attorney fee arrangements that have been adopted in the United States and in major western European countries. In section II the paper explains the choice of economic agency theory as a starting point for developing this framework. Within the meaning of economic agency, the attorney is a dual agent, with duties to both the client and the judicial system. In section III the paper identifies five interests that form the basis for evaluating fee systems. These interests are derived from applying basic agency theory to the duties of the …
New Transfer Pricing Rules In Brazil, Alexandre Tadeu Seguim
New Transfer Pricing Rules In Brazil, Alexandre Tadeu Seguim
Northwestern Journal of International Law & Business
Through transfer price, the organization aims to evaluate and improve the performance of the related entity. The idea that transfer pricing is a mechanism designed only to avoid taxes is misleading. Actually, to transfer price is a sound and positive way to increase value. The 1979 OECD Report on Transfer Pricing and Multinational Enterprises emphasized that the term is neutral: "the consideration of transfer pricing problems should not be confused with the consideration of problems of tax fraud or tax avoidance, even though transfer pricing policies may be used for such purposes." The 1995 OECD Report went even further by …
Network Industries, Third Party Access And Competition Law In The European Union, Carlos Lapuerta, Boaz Moselle
Network Industries, Third Party Access And Competition Law In The European Union, Carlos Lapuerta, Boaz Moselle
Northwestern Journal of International Law & Business
This article addresses a set of issues that arise in the context of market liberalization for a special and important class of industries, the so-called "network industries," which include electricity, natural gas, rail transportation and telecommunications. Each of these industries combines activities that are potentially competitive, such as generation of electricity, with ones that are naturally monopolistic, such as transmission of electricity. This combination produces a unique set of challenges to competition law and policy in designing a market structure and regulatory framework which maximize the benefits of liberalization while effectively controlling any tendencies to monopolistic abuse. We analyze "Chicago …
A Critique Of Light-Handed Regulation: The Case Of British Gas February 1999, Paul Carpenter, Carlos Lapuerta
A Critique Of Light-Handed Regulation: The Case Of British Gas February 1999, Paul Carpenter, Carlos Lapuerta
Northwestern Journal of International Law & Business
Although attractive in theory, the implementation of light-handed regulation in the United Kingdom has faced several problems. First, light-handed regulation has not worked as anticipated to avoid the need for lengthy regulatory proceedings. Second, light-handed regulation has unintentionally created inefficient incentives for regulated companies. Third, light-handed regulation has not successfully constrained the monopoly power of incumbents. We illustrate the problems with light-handed regulation principally by reference to the experience of British Gas. The British government established the Office of Gas Regulation, known as Ofgas, to regulate British Gas after its privatization. However, Ofgas was not able to set reasonable prices …
Renegotiating Previous Governments' Privatization Deals: The 1997 U.K. Windfall Tax On Utilities And International Law, Thomas W. Waelde, Abba Kolo
Renegotiating Previous Governments' Privatization Deals: The 1997 U.K. Windfall Tax On Utilities And International Law, Thomas W. Waelde, Abba Kolo
Northwestern Journal of International Law & Business
Investment in privatized utilities leads to a very particular form of political risk--the risk that regulatory conditions change and special taxes are imposed, all measures within the sovereign powers of the state. The normal forms of protection against political risk (investment insurance, stabilization clauses, international investment treaties and international arbitration clauses) have not yet caught up with the emergence of new forms of political risk. The 1997 UK windfall tax announced by the Chancellor of the Exchequer in that year's budget speech is a case in point. This issue is not limited purely to the contemporary UK situation, but illustrates …
Fasb V. Iasc: Are The Structure And Standard Setting Process At The Iasc Adequate For The Securities And Exchange Commission To Accept International Accounting Standards For Cross-Border Offerings? , Charles Canfield
Northwestern Journal of International Law & Business
This comment compares and contrasts the IASC's structure and stan- dard setting process with the structure and process for promulgating ac- counting standards of the Financial Accounting Standards Board ("FASB"), the standard setter for the United States. The purpose of this comparison is to determine whether or not the IASC's structure and process for standard development are adequate for the development of acceptable core standards. This comparison uses FASB, not for the purpose of imposing FASB as the standard setter for the world, but for the purpose of comparing the IASC with an established long-standing standard setter, and because the …
Selecting A Corporate Form: Foreign Direct Investment In Vietnam's Oil And Gas Industry Under The 1995 Land Law, Magali Matarazzi
Selecting A Corporate Form: Foreign Direct Investment In Vietnam's Oil And Gas Industry Under The 1995 Land Law, Magali Matarazzi
Northwestern Journal of International Law & Business
Foreign investment in Vietnam by U.S. investors has been controversial since the termination of the Vietnam War. Originally, there were political considerations. The idea of conducting business with a socialist government, that was an enemy in the recent past, was antithetical to the U.S. Congress and population. The trade embargo imposed on Vietnam was a reflection of this sentiment. In the meantime other nations were willing to negotiate with the new government because business considerations out-weighed political ideals. Vietnam proved to be a wealth of natural resources, most notably oil and gas reserves. There was also speculation that Vietnam's economy …
Integration Of International Financial Regulatory Standards For The Chinese Economic Area: The Challenge For China, Hong Kong, And Taiwan, Lawrence L.C. Lee
Integration Of International Financial Regulatory Standards For The Chinese Economic Area: The Challenge For China, Hong Kong, And Taiwan, Lawrence L.C. Lee
Northwestern Journal of International Law & Business
This article initially reviews the current development of financial services that converge regulatory systems around the world. Along with focusing on banking and securities, this article assesses financial systems and regulators within China, Hong Kong, and Taiwan respectively. The evaluation of the CEA's financial system is based on recommendations issued by the Basle Committee. In addition, with respect to the principle of national treatment, this article evaluates the operations of foreign financial institutions in the CEA. In the future, participation in the WTO will enable the CEA to experience greater growth and increase its participation in the internationalization of financial …
The Parameters Of The Attorney-Client Privilege For In-House Counsel At The International Level: Protecting The Company's Confidential Information, Joseph Pratt
Northwestern Journal of International Law & Business
The gaps in the privilege at the international level present a major problem for general counsel. In the worst case scenario, the company's own legal opinions could be used against it by a foreign tribunal. To reduce this risk, general counsel at multinationals should become familiar with the parameters of the attorney-client privilege at the international level and use this knowledge to devise strategies to protect the corporation's sensitive information in foreign jurisdictions. Part II of this comment begins by describing the roots of the modem attorney-client privilege in the United States and its extension to in-house counsel. This section …
Litigating Claims Over Foreign Government-Owned Corporations Under The Commercial Activities Exception To The Foreign Sovereign Immunities Act, Sunil R. Harjani
Litigating Claims Over Foreign Government-Owned Corporations Under The Commercial Activities Exception To The Foreign Sovereign Immunities Act, Sunil R. Harjani
Northwestern Journal of International Law & Business
First, this article will examine the way courts have dealt with suits against FGOCs claiming immunity under the FSIA. Second, this article will argue that obtaining jurisdiction over a FGOC has become relatively easy under the FSIA due to the way courts have applied the commercial activities exception in recent decisions. Third, this article will suggest methods for United States and foreign businesses to avoid difficulties in obtaining jurisdiction over FGOCs. Finally, this article will advocate that FGOCs should no longer be provided sovereign immunity under U.S. law.
Restrictive Trade Practices And The Extraterritorial Application Of U.S. Antitrust And Trade Legislation, Mark A.A. Warner
Restrictive Trade Practices And The Extraterritorial Application Of U.S. Antitrust And Trade Legislation, Mark A.A. Warner
Northwestern Journal of International Law & Business
The Japan-U.S. economic relationship has been marked by tremendous friction and misunderstanding. These tensions have given rise in the past to the extraterritorial application of U.S. trade and antitrust laws to perceived public and private restrictive trade practices. In this paper, I will review the U.S. approach to the extraterritorial application of trade and antitrust laws, particularly as they apply to Japan. I will conclude that although formal coercion has given way to more bilateral negotiations, demands will grow for a return to the more aggressive U.S. posture of the past unless meaningful and effective market access is achieved. I …
The Grotius Lecture Series, Christopher Weeramantry, Nathanel Berman
The Grotius Lecture Series, Christopher Weeramantry, Nathanel Berman
American University International Law Review
No abstract provided.
The Protection Of Individual Rights And The Court Of First Instance Of The European Communities, Paolo Mengozzi
The Protection Of Individual Rights And The Court Of First Instance Of The European Communities, Paolo Mengozzi
Fordham International Law Journal
The creation of the Court of First Instance has contributed on the one hand to the improvement of the functioning of the Court of Justice, and on the other hand, better judicial protection of Union citizens. The latter was accomplished through the legal protection within the framework of creating a true European citizenship.
Humanitarian Intervention: Could The Security Council Kill The United Nations?, Inocencio Arias
Humanitarian Intervention: Could The Security Council Kill The United Nations?, Inocencio Arias
Fordham International Law Journal
Will 1999 be an annus horribilis (‘horrible year‘) for the United Nations? Some tend to believe the answer is yes. U.N. Secretary General Kofi Annan's important yet controversial speech awhile ago is a timely warning. Criticism of U.N. inaction, inefficiency, and indolence in the case of Kosovo, and, to a certain extent, and even more surprisingly, in East Timor is widespread. The fact that the organization may only act, however, when the U.N. Member States agree is often overlooked. This Essay explores the U.S. attitude toward the U.N., institutional imbalances within the U.N., and possible solutions to problems that arise …
The Need For Affirmative Action, Karl M. Meessen
The Need For Affirmative Action, Karl M. Meessen
Fordham International Law Journal
This article provides an introduction to the Symposium on the Competition Law of Deregulation. It surveys recent developments in this area and comments briefly on the symposium participants' contributions that are included in the book.
Inadequacies Of The Oil Pollution Act Of 1990: Why The United States Should Adopt The Convention On Civil Liability, Jaclyn A. Zimmermann
Inadequacies Of The Oil Pollution Act Of 1990: Why The United States Should Adopt The Convention On Civil Liability, Jaclyn A. Zimmermann
Fordham International Law Journal
This Note addresses the United States' enactment of the Oil Pollution Act as an alternative to the Convention of Civil Liability. Part I describes the history of maritime transport and the development of oil spill liability regulations. Part I also discusses major oil spills and different approaches to assessing liability for clean-up. Part II shifts the focus to OPA and the CLC commentators' reactions to these legislative schemes. Part II explores critics' positions on the effectiveness of OPA and the CLC in handling spill liability. Part III concludes that oil spills are an international problem. Part III advocates that the …