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Articles 121 - 150 of 228
Full-Text Articles in International Trade Law
Rx: Just What The Doctor Ordered: International Standards For Medical Devices, Mindy H. Chapman
Rx: Just What The Doctor Ordered: International Standards For Medical Devices, Mindy H. Chapman
Northwestern Journal of International Law & Business
This Comment demonstrates why the FDA should amend its medical device regulations to emulate those of the European Community. There are two major benefits of a single set of international standards. First, a single set of international standards assures safe medical devices both in the United States and on the international market. Second, the United States will have a greater opportunity to export medical devices to the newly prosperous European Community resulting in greater financial returns and job opportunities for Americans.
Gatt And Gats: A Public Morals Attack On Money Laundering, Matthew B. Comstock
Gatt And Gats: A Public Morals Attack On Money Laundering, Matthew B. Comstock
Northwestern Journal of International Law & Business
Experts estimate current worldwide profits from organized crime at one trillion dollars.' By comparison, the aggregate profits of the top fifty Fortune 500 companies totaled $33.923 billion in 1993.2 These illegitimate profits derive from a new generation of international organized crime. Perhaps no one better symbolizes this new generation of transnational gangster than the slain leader of the Medellin drug cartel, Pablo Escobar. Mr. Escobar reaped hundreds of millions of dollars from his illicit drug sales. He then "laundered" his ill-gotten wealth in the world's major financial centers via phones, fax machines, and computers located in his Colombian headquarters.
The Safeguard Measure/Ver Dilemma: The Jekyll And Hyde Of Trade Protection, Ernesto M. Hizon
The Safeguard Measure/Ver Dilemma: The Jekyll And Hyde Of Trade Protection, Ernesto M. Hizon
Northwestern Journal of International Law & Business
The safeguard measure, or the escape clause mechanism provided in Article XIX of GAIT 1947 has always been the "ugly duckling" in the palette of attractive defensive trade options available to states who wish to withdraw from the Article XI obligation of the 1947 Agreement prohibiting quantitative restrictions on imports. But unlike the antidumping and countervailing duty option which targets "unfair trade," Article XIX deals not with the inherent "fairness" of the onslaught of imports, but merely furnishes a temporary escape hatch for domestic producers to adapt to serious competition from foreign manufacturers.
Book Review: The Fall Of The U.S. Consumer Electronics Industry: An American Trade Tragedy, Robert W. Mcgee
Book Review: The Fall Of The U.S. Consumer Electronics Industry: An American Trade Tragedy, Robert W. Mcgee
Northwestern Journal of International Law & Business
This book tells the story of Matsushita et aL v. Zenith.' The title, plus the fact that the author is one of the attorneys who represented Zenith, quickly alerts the reader that the book makes no pretense about being objective. The author does not hide the fact that he is arguing Zenith's position, and for that he is to be commended. Lesser authors would have wrapped their arguments in language that appears unbiased on the surface, yet subtly supports Zenith's side of this trade controversy. Curtis does a commendable job of presenting Zenith's side of the story. He is a …
French Privatizations And International Capital Markets, Alexander Marquardt, Ellen H. Clark
French Privatizations And International Capital Markets, Alexander Marquardt, Ellen H. Clark
Northwestern Journal of International Law & Business
The 1993-1994 privatizations of French public companies have been conducted in an atmosphere of innovation among French lawmakers and politicians. The sale of French industries under French Privatization Law No. 86-912 of August 6, 1986 (as modified by Law No. 93-923 of July 19, 1993, the "Privatization Law")' with the use of novel financing methods has dynamized French capital markets. The Privatization Law and recent developments in French stock exchange regulations have permitted France to use privatization as a legal laboratory for testing share placement and distribution techniques developed both in France and abroad. Implementation of the Privatization Law marks …
Substantive Appraisal Of Horizontal Mergers Under Eec Regulation 4064/89: An Inquiry Into The Commission's First Year Decisions, Frank M. Hellemans
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.
The Utility Of Bilateral Investment Treaties In The Formulation Of Customary International Law, Bernard Kishoiyian
The Utility Of Bilateral Investment Treaties In The Formulation Of Customary International Law, Bernard Kishoiyian
Northwestern Journal of International Law & Business
In this paper, I propose to investigate the utility of BITs in the formulation of customary international law in the area of state responsibility for the protection of alien property. It is my thesis that the frenetic conclusion of BITs is occasioned by the uncertainty that pervades international investment law since the advent of the developing countries on the international scene, and secondly, that international law has not kept pace with the developments that have taken place in the last thirty years in foreign direct investment. To the extend that this is so, I contend that each BIT is nothing …
Case To Repeal The Antidumping Laws, The , Robert W. Mcgee
Case To Repeal The Antidumping Laws, The , Robert W. Mcgee
Northwestern Journal of International Law & Business
Antidumping laws were designed to protect domestic industry from foreign competition. They protect producers at the expense of consumers, which results in higher prices, lower quality products, less consumer choice and a general lowering of the standard of living for the vast majority of people. Antidumping laws also destroy more jobs than they create.
Commodity Indexed Securitization And Infrastructural Change: Turkey's Role In Emerging Economies, Som Dasgupta, Michael B. Brodsky
Commodity Indexed Securitization And Infrastructural Change: Turkey's Role In Emerging Economies, Som Dasgupta, Michael B. Brodsky
Northwestern Journal of International Law & Business
In view of these issues, this paper proposes an optimal approach to design and regulation of commodity contingent instruments for private enterprises. The design of these instruments is likely to significantly alleviate the capital constraints in emerging markets, particularly in Eurasia. A commodity contingent security usually consists of a combination of a traditional debt security (a bond) and several units of a financial instrument, the payoff of which is in some well-defined way linked to the price of a traded commodity. Although commodity contingent securitization can, in theory, be applied at both the national and the private level, the proposals …
Fallacy Of Federalism In Foreign Affairs: State And Local Foreign Policy Trade Restrictions, The , Howard N. Iii Fenton
Fallacy Of Federalism In Foreign Affairs: State And Local Foreign Policy Trade Restrictions, The , Howard N. Iii Fenton
Northwestern Journal of International Law & Business
State and local foreign trade restrictions represent the convergence of two main threads of the globalization of the U.S. experience, and raise a serious challenge to the historic allocation of foreign policy responsibility to the federal government. The internationalization of state and local economies is the first thread. The second is the heightened efforts of state, city and county governments to play a role in foreign affairs and foreign policy decisions. Where they meet finds states and cities using their new-found international economic leverage to influence not only United States' foreign policy, but the domestic policies of foreign nations as …
Motor Freight Brokers: A Tale Of Federal Regulatory Pandemonium, Jeffrey S. Kinsler
Motor Freight Brokers: A Tale Of Federal Regulatory Pandemonium, Jeffrey S. Kinsler
Northwestern Journal of International Law & Business
Most brokerage problems are traceable to the troubled history of freight brokers, which has been a constant struggle between regulation and deregulation. Arguably, brokers have been subjected to more extremist regulation than any other industry during the last fifty years. The pattern of extremism began when Congress imposed massive regulations on freight brokers as part of the Motor Carrier Act of 1935. The 1935 regulations completely stifled the U.S. brokerage industry. Forty-five years later, Congress moved to the other regulatory extreme when it passed the Motor Carrier Act of 1980,6 which virtually deregulated the brokerage industry The eased entry controls …
Legal Acceptance Of Electronic Documents, Writings, Signatures, And Notices In International Transportation Coventions: A Challenge In The Age Of Global Electronic Commerce, Judith Y. Gliniecki, Ceda G. Ogada
Legal Acceptance Of Electronic Documents, Writings, Signatures, And Notices In International Transportation Coventions: A Challenge In The Age Of Global Electronic Commerce, Judith Y. Gliniecki, Ceda G. Ogada
Northwestern Journal of International Law & Business
This paper surveys a number of international transportation conventions with respect to their treatment of electronic means as acceptable methods of generating documents. In addition, this paper looks at the methods of satisfying the applicable formalities of writing, signature, and notice.
European Harmonization Of Data Protection Laws Threatens U.S. Participation In Trans Border Data Flow, George B. Trubow
European Harmonization Of Data Protection Laws Threatens U.S. Participation In Trans Border Data Flow, George B. Trubow
Northwestern Journal of International Law & Business
We are in the midst of "Europe '92," the year when the European Community (EC) is to take on new shape and substance as it seeks transformation to economic and political strategies intended to enhance its position in international trade and commerce. With respect to matters of information processing and transborder data flow, the Council of Europe has prepared a draft directive concerning privacy and security regarding personal information (Privacy Directive). That draft, under consideration by the member states, is of great importance to the rest of the world since it contemplates that EC members will not exchange information with …
Defining International Electronic Commerce, Jeffrey B. Ritter
Defining International Electronic Commerce, Jeffrey B. Ritter
Northwestern Journal of International Law & Business
Electronic commerce has become a practical reality for thousands of businesses throughout the world. By combining the functional capabilities of computers and telecommunication systems, companies can now exchange information electronically rather than sending and receiving paper documents. In so doing, businesses are achieving remarkable and unparalleled improvements in the accuracy, speed and efficiency with which commercial transactions may be negotiated, confirmed and performed. By eliminating reliance upon paper as the medium through which commerce occurs, new and radically different approaches are emerging regarding how commercial relationships are defined and maintained. Used for international business transactions, the technologies of electronic commerce …
Electronic Data Interchange Agreements: Private Contracting Toward A Global Environment, Amelia H. Boss
Electronic Data Interchange Agreements: Private Contracting Toward A Global Environment, Amelia H. Boss
Northwestern Journal of International Law & Business
With the growth in the use of electronic communications technologies to communicate important business and trade information, the size of the earth, although it may remain at the present 7,900 miles in diameter, is rapidly shrinking. In a matter of seconds, commercial trade data can be exchanged between parties thousands of miles apart, leading to the establishment of new business relationships. In the emerging new global economy, data, information, goods, and services are being exchanged internationally. No longer are parties to a commercial transaction bound by artificial national boundaries with their accompanying sets of domestic legal rules. Over the past …
Visas For Sale: A Comparison Of The U.S. Investor Provision With The Australian Business Migration Program, Catherine R. Giella
Visas For Sale: A Comparison Of The U.S. Investor Provision With The Australian Business Migration Program, Catherine R. Giella
Northwestern Journal of International Law & Business
This paper is an attempt to evaluate the United States' new investor program based on a comparison with Australia's failed system. The thesis of this paper is that in order for an investor program to be successful, the program must strike a careful balance between meeting the needs of the immigrant investors and those of the welcoming country and its citizens. The analysis proceeds by briefly looking at the history of immigration in both countries and then focusing on what the interests of the investors and the country are in initiating and taking advantage of such a program.
Telecommunications Regulatory Implications For International Edi Transactions, Aileen A. Pisciotta, James H. Barker
Telecommunications Regulatory Implications For International Edi Transactions, Aileen A. Pisciotta, James H. Barker
Northwestern Journal of International Law & Business
This article provides a general introduction to various telecommunications regulatory issues that should be included in the "calculus" of domestic and international EDI transactions. Part II places EDI generally within the broader context of telecommunications "value added" services, introducing the operational relationship between EDI and telecommunications networks, and the manner in which EDI services may be influenced by global telecommunications regulatory schemes. Particular emphasis is placed upon the United States as a "case study," in order to provide a familiar baseline from which to touch upon broader issues attending the international provision of EDI and other value added services.
Jurisdiction And The Court Of International Trade: Remarks Of The Honorable Gregory W. Carman At The Conference On International Business Practice Presented By The Center For Dispute Resolution On February 27-28, 1992, Gregory W. Carman
Northwestern Journal of International Law & Business
The United States and the other countries of the world will continue to develop rules and laws governing their relationships in international commercial matters as the years ensue. As part of that agenda, lawyers and members of the international trading community should be familiar with the dispute resolution provisions of the United States Court of International Trade and some of the procedural and substantive problems of the Court. The Court's function is to judicially review disputes under the customs and trade laws of the United States.
Does The Government Really Help Small Business Exporters--An Analysis Of Pre-Export Financing Programs Under The Small Business Expansion Act Of 1980 And The Export Trading Company Act Of 1982, Toni P. Lester
Northwestern Journal of International Law & Business
This paper will attempt to address these questions by examining the legislation and subsequent regulations that lead to the establishment of the SBA and Eximbank guarantee programs. First, there will be a brief discussion of the types of financing needed by small-business exporters and the problems they face when they try to get financing. The 1980's legislation, which attempted to redress some of those problems, as well as the regulations and guidelines that were adopted by the SBA and Eximbank to implement that legislation, will then be covered. Finally, based on an evaluation of the above regulations and guidelines, measures …
Thailand's Labor And Employment Law: Balancing The Demands Of A Newly Industrializing State, W. Gary Vause, Nikom Chandravithun
Thailand's Labor And Employment Law: Balancing The Demands Of A Newly Industrializing State, W. Gary Vause, Nikom Chandravithun
Northwestern Journal of International Law & Business
This article provides a comparative overview of Thailand's labor law, one of the principal considerations for prospective investors. The legal system is analyzed from the perspective of a U.S. investor; to provide a familiar frame of reference, comparisons are made throughout the analysis to labor law in the United States. Observations also are offered on the important extra-legal aspects of employment in Thailand, such as the implications of Thai culture for the employer-employee relationship.
Impractibility, Mutual Mistake And Related Contractual Bases For Equitably Adjusting The External Debt Of Sub-Saharan Africa, Jon H. Sylvester
Impractibility, Mutual Mistake And Related Contractual Bases For Equitably Adjusting The External Debt Of Sub-Saharan Africa, Jon H. Sylvester
Northwestern Journal of International Law & Business
At the end of 1988, the combined external indebtedness of the third world' (referred to below as less developed countries or "LDCs") was estimated at nearly $1.3 trillion.2 In the same year, the United Nations agency United Nations International Childrens' Emergency Fund ("UNICEF") attributed the deaths of 650,000 children in LDCs to re-duction in basic living standards caused by diversion of resources to servicing external debt.3 Some experts say prospects for solving this huge and growing problem are actually growing worse due to "debt fatigue."
Critical Analysis Of Judicial Attempts To Reconcile The United States-Japan Friendship, Commerce And Navigation Treaty With Title Vii, A , Jeffrey J. Mayer
Critical Analysis Of Judicial Attempts To Reconcile The United States-Japan Friendship, Commerce And Navigation Treaty With Title Vii, A , Jeffrey J. Mayer
Northwestern Journal of International Law & Business
This paper offers a practical solution to the conflict between civil rights and economic growth through a new, but sensible, interpretation of the "right to choose" provision. Part I explains the conflicting rulings of the five Courts of Appeals that have addressed this issue. Part II concludes that the courts' various reconciliations between Title VII and the Japan FCN Treaty are, in each case, impossible to apply consistently or fairly. Courts have wrongly attempted to preserve the protections of Title VII for American employees of foreign corporations by asking factfinders to draw impossibly fine distinctions between permissible and prohibited criteria …
Turkey, The Eec And Labor Law: Is Harmonization Possible, Jon Viner
Turkey, The Eec And Labor Law: Is Harmonization Possible, Jon Viner
Northwestern Journal of International Law & Business
In 1987, after more than twenty years of economic association with the EC,' Turkey applied for full membership in the Community. When Turkey is admitted into the EC,9 its entry will be conditioned on the harmonization of its laws with those of the EC.10 The object of this paper is to examine the feasibility of Turkey accomplishing this task.
Chapter 13 Of The United States-Canada Free Trade Agreement: Has It Created An Open And Effective Government Procurement Dispute Resolution System?, Charles W. Levesque
Chapter 13 Of The United States-Canada Free Trade Agreement: Has It Created An Open And Effective Government Procurement Dispute Resolution System?, Charles W. Levesque
Northwestern Journal of International Law & Business
Chapter 13 creates new and additional opportunities for businesses on both sides of the Canadian-United States border to bid on federal government contracts on opposite sides of the border. In order to implement the Free Trade Agreement and the provisions of Chapter 13, the Canadian federal government created a new administrative agency, the Procurement Review Board of Canada (the Board), to adjudicate government procurement disputes. The Board is the focus of this article. Because the Board is charged with adjudicating contract disputes arising under Chapter 13 of the FTA, its decisions provide an insight into whether Chapter 13 is creating …
The United States' Enforcement Of The Convention On International Trade In Endangered Species Of Wild Fauna And Flora, Meena Alagappan
The United States' Enforcement Of The Convention On International Trade In Endangered Species Of Wild Fauna And Flora, Meena Alagappan
Northwestern Journal of International Law & Business
Species loss is an extremely serious, continuing problem. While habitat destruction poses one of the most imminent threats to the survival of wild animals and plants, international trade in wildlife is also a major cause of diminishing biological diversity worldwide. The global market for wildlife is very large, and the goods involved are usually luxury items, such as fur coats and ivory carvings. When this trade is not harnessed, it often tips the balance toward extinction for various forms of wildlife.
Current Administration Of U.S. Antidumping And Countervailing Duty Laws: Implications For Prospective U.S.-Mexico Free Trade Talks, Stephen J. Powell, Craig R. Giesse, Craig L. Jackson
Current Administration Of U.S. Antidumping And Countervailing Duty Laws: Implications For Prospective U.S.-Mexico Free Trade Talks, Stephen J. Powell, Craig R. Giesse, Craig L. Jackson
Northwestern Journal of International Law & Business
U.S.-Mexico trade relations are changing at a rapid pace. In 1985, the United States and Mexico entered into a bilateral trade agreement that seeks to eliminate the subsidization of manufactured products. One year later, Mexico became a signatory to the General Agreement on Tariffs and Trade (the "GATT"), the multilateral accord that governs world trade in manufactured and agricultural products. In 1987, the two countries entered into a framework agreement that establishes a consultative mechanism designed to resolve bilateral trade disputes involving such issues as intellectual property protection, direct foreign investment, and trade in goods and services.
The Waste Export Control Act: Proposed Legislation And The Reagan-Era Legacy To International Environmental Protection, Alan Neff
Northwestern Journal of International Law & Business
On May 31, 1989, four Representatives introduced in the U.S. House of Representatives the Waste Export Control Act'("WECA"). According to the bill's bipartisan sponsors, its purpose is to regulate the export of solid waste from the United States to foreign countries more stringently than existing federal laws and regulations. Three House sub- committees have held hearings in 1988 and 1989 on exports of solid wastes-in advance of, and since, introduction of the legislation discussed in this Article.
United States Coastwise Trading Restrictions: A Comparison Of Recent Customs Service Rulings With The Legislative Purpose Of The Jones Act And The Demands Of A Global Economy, Robert L. Mcgeorge
United States Coastwise Trading Restrictions: A Comparison Of Recent Customs Service Rulings With The Legislative Purpose Of The Jones Act And The Demands Of A Global Economy, Robert L. Mcgeorge
Northwestern Journal of International Law & Business
Fierce policy disputes are inevitable whenever two basic, widely-accepted principles intersect in a situation where one must prevail and the other give way. In the maritime field, these disputes occur whenever a nation-state is forced to choose between promoting free and open trade in maritime services or protecting its domestic merchant marine. The clash of these policies has generated vigorous debates in the United States on a wide variety of maritime issues (e.g., cargo preference requirements, operating and construction differential subsidies, vessel construction loan guarantee programs and whether to retaliate against foreign countries' attempts to reserve import and export trades …
Red Raspberries: Effective Dispute Settlement In The Canada-United States Free Trade Agreement, Thomas M. Boddez, Alan M. Rugman
Red Raspberries: Effective Dispute Settlement In The Canada-United States Free Trade Agreement, Thomas M. Boddez, Alan M. Rugman
Northwestern Journal of International Law & Business
By negotiating the Free Trade Agreement (FTA) with the United States, the Canadian government sought to ensure its exporters more secure and predictable access to the huge United States market, where a majority of Canadian foreign trade is conducted. Canadian exporters were especially concerned with the increased imposition of antidumping (AD) and countervailing duties (CVD) by the United States. Trade laws in the United States are effected through the International Trade Commission (ITC) and the International Trade Administration of the Department of Commerce (ITA). These bodies are central to the bifurcated, quasi-judicial administrative system used in the United States to …
The Controls On The Transfrontier Movement Of Hazardous Waste From Developed To Developing Nations: The Goal Of A "Level Playing Field", Michelle M. Vilcheck
The Controls On The Transfrontier Movement Of Hazardous Waste From Developed To Developing Nations: The Goal Of A "Level Playing Field", Michelle M. Vilcheck
Northwestern Journal of International Law & Business
In the 1970s, the United States Congress began passing national environmental legislation. One reason for such legislation was to "level the playing field" among the fifty states so that economic advantage did not accrue to one state at the expense of environmental quality and public health.' The world now faces a similar need for environmental legislation on an international level. Environmental laws of individual nations have become more and more divergent as developed countries, such as the United States, enact tougher environmental laws, while less developed nations fail to enact any environmental regulations. The variant standards of these environmental laws …