International Law Commons^™

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 …

The Changing Face Of Privacy Protection In The European Union And The United States, Fred H. Cate

Articles by Maurer Faculty

Among the wide variety of national and multinational legal regimes for protecting privacy, two dominant models have emerged, reflecting two very different approaches to the control of information. The European Union has enacted a sweeping data protection directive that imposes significant restrictions on most data collection, processing, dissemination, and storage activities, not only within Europe, but throughout the world if the data originates in a member state. The United States has taken a very different approach that extensively regulates government processing of data, while facilitating private, market-based initiatives to address private sector data processing.

Under the EU data protection directive, …

Building A Bridge For Defense: The European Union's Common Foreign And Security Policy, Cheryl Swack

University of Miami International and Comparative Law Review

No abstract provided.

Baltic State Membership In The European Union: Developing A Common Asylum And Immigration Policy, Amy Elson

Indiana Journal of Global Legal Studies

No abstract provided.

Dashing Consumer Hopes: Strict Products Liability And The Demise Of The Consumer Expectations Test, Rebecca Korzec

All Faculty Scholarship

The threshold issue in American products liability litigation is whether the product was defective at the time it left the manufacturer's control. Traditionally, courts and scholars define “defect” in three functional categories: manufacturing defects, design defects and marketing defects. American products liability doctrine employs two major tests to determine whether a "defect” exists: the seller-oriented risk-utility test and the buyer-oriented consumer expectations test. The Draft of the Restatement Third of Torts: Products Liability, like some American jurisdictions, rejects the “consumer expectations” test as an independent standard in defective warning and design cases. Ironically, this limitation of the use of the …

The European Union: From An Aggregate Of States To A Legal Person?, Esa Paasivirta

Hofstra Law & Policy Symposium

No abstract provided.

The Limitation On Benefit Clause Of The U.S.-German Tax Treaty And Its Compatibility With European Union Law, Dietmar Anders

Northwestern Journal of International Law & Business

This comment details why the limitation on benefits clause of the U.S.- German Treaty is contrary to European Union law.5 Part I describes the discriminatory situation which German companies may face and illustrates how tax treaty abuse could occur and how to prevent it. Part I also contains an introduction to the U.S.-German Treaty and provides an example of the conflict between U.S. tax treaties and European Union law. Part II analyzes in detail the Treaty's discriminatory features with respect to European Union aw and discusses potential justifications for this discrimination based on the case law of the European Court …

Creating Data Protection Legislation In The United States: An Examination Of Current Legislation In The European Union, Spain, And The United States, Jennifer M. Myers

Case Western Reserve Journal of International Law

No abstract provided.

International Human Rights Standards On Sexual Violence Against Women As They Apply To Pornography, Claudia Giunta

LLM Theses and Essays

The United Nations Fourth World Conference on Women was held in Beijing in September 1995, and represented an important step towards the achievement of equality for women. At the Conference, the progress made towards equality was acknowledged, but it was also acknowledged that many goals have not been achieved yet, and that cultural changes of fundamental importance remain to be made. Indeed, in many countries the cultural approach to violence and discrimination against women is quite fatalistic; they believe violence against women cannot be solved by laws. However, this approach overlooks the role played by societies in tolerating practices of …

Television Without Frontiers: The European Union's Continuing Struggle For Cultural Survival, Shaun P. O'Connell

Case Western Reserve Journal of International Law

No abstract provided.

International Copyright: An Unorthodox Analysis American Association Of Law Schools' Intellectual Property Section's Symposium On Compliance With The Trips Agreement, Hugh C. Hansen

Faculty Scholarship

Professor Hansen reviews the development of copyright from its traditional domestic orientation to the modern emphasis on globalization and harmonization. His commentary analogizes modem trends in international copyright to religious equivalents. He notes that the current players include a "secular priesthood" (the traditional copyright bar and academics), "agnostics and atheists" (newer academics and lawyers, particularly those concerned with technology and the culture of the public domain) and "missionaries" (whose task it is to increase copyright protection around the world and who are primarily driven by trade considerations). The copyright "crusade" has been driven by this last group. The author compares …

The Subsidiarity Principle In European Union Law--American Federalism Compared, W. Gary Vause

Case Western Reserve Journal of International Law

No abstract provided.

A Problem Of Privilege: In-House Counsel And The Attorney-Client Privilege In The United States And The European Community, Alison M. Hill

Case Western Reserve Journal of International Law

No abstract provided.

The Eu Data Protection Directive, Information Privacy, And The Public Interest, Fred H. Cate

Articles by Maurer Faculty

No abstract provided.

A Comparative Analysis Of Proposals For The Legal Protection Of Computerized Databases: Nafta Vs. The European Communities, W. Joseph Melnik

Case Western Reserve Journal of International Law

No abstract provided.

A Typology Of Transjudicial Communication, Anne-Marie Slaughter

University of Richmond Law Review

Courts are talking to one another all over the world. Mary Ann Glendon describes a "brisk international traffic in ideas about rights," conducted by judges. "In Europe generally," she adds, "and in Australia, Canada, and New Zealand, national law is increasingly caught up in a process of cross-fertilization among legal systems."

Subsidiarity And Competition: Decentralized Enforcement Of Eu Competition Laws, Roger P. Alford

Journal Articles

The purpose of this article is to examine how the European Union has applied, and potentially will apply, the principle of subsidiarity in the enforcement of EU competition laws. This article thus focuses on how the Union envisages national court participation in the application and enforcement of EU competition laws rather than how, in practice, Member State courts have exercised their concurrent jurisdiction in enforcing Articles 85 and 86. Part One provides a brief introduction to EU competition law enforcement and examines two recent decisions by the Court of Justice and the Court of First Instance clarifying the relationship between …

Subsidiarity And/Or Human Rights, Daniel T. Murphy

Law Faculty Publications

The post-Maastricht world of the European Union is only about two years old. Within that new world, however, few concepts are as important, and yet as elusive or unsettled, as the doctrine of subsidiarity. On the other hand, the European Community has for many years evidenced concern over human rights. The purpose of this essay is to consider the implications of the concept of subsidiarity for human rights law and enforcement within the European Community and the European Union.

The Ec Joint Venture Guidelines: Codification And Cosmetics But No Binding Deadlines, Izzet M. Sinan

University of Miami International and Comparative Law Review

No abstract provided.

Substantive Appraisal Of Horizontal Mergers Under Eec Regulation 4064/89: An Inquiry Into The Commission's First Year Decisions, Frank M. Hellemans

Northwestern Journal of International Law & Business

Rather, our purpose is to examine what criteria the Regulation prescribes for the substantive appraisal of mergers. We will not only scrutinize Article 2 of the Regulation and the different policies behind it, but we will also inquire into the Commission's decisions in order to find out how the Commission has applied the Regulation's substantive criteria to 'real live' mergers and acquisitions. Broadly speaking, this involves questions of product and geographic market definition, of calculating market shares and interpreting them and, finally, of basic goals of mergers control policy.

Canada's Constitutional Crisis After Meech Lake: Setting A New Course For A European Union?, Anthony J. Davis

Syracuse Journal of International Law and Commerce

The purpose of this Note is to analyze whether the European Union is a viable solution to Canada's disintegrating constitutional order. Part II will discuss the historical background of the present constitutional order of Canada. It will examine the historical, political and social context that brought about changes in Canada's basic laws. In part III, the impact that the Meech Lake Accord would have had on the present constitutional framework in Canada and the events after its failure will be analyzed. Part IV will provide an overview of the historical context of the European Union's creation and the fundamental principles …

Europe 1992 And The Evolution Of The Multilateral Trading System, Sylvia Ostry

Case Western Reserve Journal of International Law

No abstract provided.

A View Of The Single Market: Trade In Services In Ec '92, Terry Smith Labat

Case Western Reserve Journal of International Law

No abstract provided.

Europe 1992--The Quiet Revolution, Lynn S. Baker

Case Western Reserve Journal of International Law

No abstract provided.

Europe 1992 And Beyond, Norbert Walter

Case Western Reserve Journal of International Law

No abstract provided.

Alternative Roads To Economic Integration: The Case For Currency Competition In European Integration, Deepak Lal

Case Western Reserve Journal of International Law

No abstract provided.

Industrial Property Rights And The Free Movement Of Goods In The European Communities, David R. Bumbak

Case Western Reserve Journal of International Law

No abstract provided.

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.