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Northwestern Journal of International Law & Business

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Articles 151 - 180 of 228

Full-Text Articles in International Trade Law

Trade Protectionism And Environmental Regulations: The New Nontariff Barriers, C. Ford Runge Jan 1990

Trade Protectionism And Environmental Regulations: The New Nontariff Barriers, C. Ford Runge

Northwestern Journal of International Law & Business

This article reviews some economic and legal aspects of the growing role of environmental, health, and safety regulations operating as disguised barriers to trade. While this has always been a recognized problem in trade policy, the issue has gained new force as environmental policies move to the forefront of many national agendas. Because environmental standards have a growing national constituency, they are especially attractive candidates for disguised protectionism. International distinctions in the tolerable level of environmental risks are created because the weight attached to environmental standards tends to vary with the income levels of different countries. Incentives are created to …

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Worker Rights In The Post-1992 European Communities: What "Social Europe" Means To United States-Based Multinational Employers, Donald C. Jr. Dowling Jan 1990

Worker Rights In The Post-1992 European Communities: What "Social Europe" Means To United States-Based Multinational Employers, Donald C. Jr. Dowling

Northwestern Journal of International Law & Business

The United States media have extensively covered the trade angle of the European Communities [EC] program to create a "single market" by the end of 1992. The media coverage has spotlighted the benefits the EC market will offer multinational corporations, such as the market's "economies of scale" and its 320 million consumer block. By now this 1992 news has sunk in, and many United States corporations are assessing how they might exploit the soon-to-be unified EC market.

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International Regulation Of The Sale And Use Of Pesticides, Charlotte Uram Jan 1990

International Regulation Of The Sale And Use Of Pesticides, Charlotte Uram

Northwestern Journal of International Law & Business

This Article discusses international regulation of the sale and use of pesticides. It examines and compares national, regional, and international models as a means of achieving effective international regulation. For the national model, this article selected the United States because it was the first country to impose national restrictions on the export of pesticides. For the regional model, this article selected the European Economic Community because it has sovereign powers, and has been a market-driven entity. For the international model, this article selected the United Nations Food and Agriculture Organization because it has the most far-reaching code on the regulation …

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Strangers In A Strange Land: Foreign Compulsion And The Extraterritorial Application Of United States Employment Law, Michael A. Jr. Warner Jan 1990

Strangers In A Strange Land: Foreign Compulsion And The Extraterritorial Application Of United States Employment Law, Michael A. Jr. Warner

Northwestern Journal of International Law & Business

The increasingly interdependent nature of the world economy has made commonplace the overseas employment of United States citizens by United States multinational corporations. When an American company employs a United States citizen in a foreign country questions arise as to what extent the United States may regulate employment activity taking place outside of United States territorial boundaries. Historically, principles of territoriality and nationality have constrained the ability of a sovereign state to prescribe conduct occurring outside of its boundaries. Under traditional principles of jurisdiction, employee relations fell predominantly under the control of the local authorities where the person or persons …

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Effects Of The Canada-United States Free Trade Agreement On The Eqity Value Of U.S. And Canadian Banks, Leonard Bierman, Donald R. Fraser, Amanda Adkisson Jan 1989

Effects Of The Canada-United States Free Trade Agreement On The Eqity Value Of U.S. And Canadian Banks, Leonard Bierman, Donald R. Fraser, Amanda Adkisson

Northwestern Journal of International Law & Business

This Article explains the effects of the Canada-United States Free Trade Agreement on the wealth position of shareholders of major U.S. and Canadian banks. Following the argument that stock prices in an efficient market should capture the effects of changes in regulation (both domestic and international), one would expect the prices of Canadian banks to decrease as they face substantial new competition. Likewise, the stock prices of U.S. banks operating in Canada should either rise or remain unchanged as a result of the FTA. If the greater power associated with Canadian operations is expected to add to risk-adjusted profits, stock …

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Beware Of Japanese Negotiation Style: How To Negotiate With Japanese Companies, Danian Zhang, Kenji Kuroda Jan 1989

Beware Of Japanese Negotiation Style: How To Negotiate With Japanese Companies, Danian Zhang, Kenji Kuroda

Northwestern Journal of International Law & Business

This Article discusses various negotiation styles and tactics unique to the Japanese company staff in international transactions. The authors also intend to offer some suggestions as to how one might bridge the differences between U.S. and Japanese negotiators. We hope that this Article will be useful for those who have participated in or will participate in business negotiations with Japanese companies.

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Cartel In A Can: The Financial Collapse Of The International Tin Council, Sandhya Chandrasekhar Jan 1989

Cartel In A Can: The Financial Collapse Of The International Tin Council, Sandhya Chandrasekhar

Northwestern Journal of International Law & Business

Sovereign states that are members of international commodity organizations must bear responsibility for the actions taken by their cartels. Without the threat of legal action and punishment as a deterrent, member states have little incentive to properly administer the international trading organizations to which they belong. This Comment will first review the factual background of the International Tin Council and the court's decision in Maclaine Watson & Co. v. Department of Trade & Industry. It will then discuss the charges that the ITC administration was mismanaged. Lastly, it will analyze some legal bases that support a decision imposing member state …

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Towards A European Company Law, Dominique Carreau, William L. Lee Jan 1989

Towards A European Company Law, Dominique Carreau, William L. Lee

Northwestern Journal of International Law & Business

The prospect of creating a genuine "European" company law was raised as early as 1959, just two years after the signing of the Treaty of Rome establishing the European Economic Community. Curiously, the initiative was taken by practitioners and scholars and not by the business community, which expressed little interest in such an innovation at that time. The first steps were taken by the French Notaries Public who, at their 57th Annual Congress, suggested that it might be desirable "to adopt, by means of an international convention, a comprehensive company law, probably restricted to societes anonymes (large, publicly held [French] …

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Merger Policy And Industrial Policy , Keith Cowling Jan 1989

Merger Policy And Industrial Policy , Keith Cowling

Northwestern Journal of International Law & Business

The article by Adams and Brock is a welcome and important antidote to current government thinking about merger policy, both in the United States and in Europe. In both regions, the government approach presumes the efficiency-creating properties of mergers and, therefore, adopts an extremely permissive stance. The declared imperative of international competitiveness echoes the view towards mergers which prevailed in Europe during the 1960s. However, while the analysis of Adams and Brock is both important and correct, I believe it is also incomplete. If bigness is a problem created largely by the laxity of past merger policy, then it is …

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Fortress Europe: The Myth, Martin Bangemann Jan 1989

Fortress Europe: The Myth, Martin Bangemann

Northwestern Journal of International Law & Business

The anticipation of the 1992 continental-wide market has already had an unexpected effect: one-third of the average 3.7% increase in economic growth of the European Community for 1988 is the result of investors anticipating the big market. This is the clearest signal the business community could make to show its confidence in Europe. This is the beginning of the most extensive exercise of deregulation the European Community has experienced since its creation in the 1950s. Everybody agrees that it is an irreversible trend. Long gone is the "benign neglect" of those on Wall Street and Pennsylvania Avenue that led the …

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Ec Merger Control In The 1990s: An Overview Of The Draft Regulation, Frank L. Fine Jan 1989

Ec Merger Control In The 1990s: An Overview Of The Draft Regulation, Frank L. Fine

Northwestern Journal of International Law & Business

The wave of mergers and acquisitions experienced during the last several years in the United States is now on its way to Europe. The Commission of the European Communities ('Commission') recently reported that cross-border mergers and stock purchases of majority shareholdings in the European Community ('EC' or 'Community') have surged from 29 in 1983-1984 to 52 in 1985-1986. Acquisitions by non-EC companies, particularly United States and Japanese firms, are also likely to increase dramatically. The Community has become a field ripe for merger activity largely because both European and non-European companies are keen to position themselves in anticipation of '1992,' …

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Does Exposure To International Trade Justify Relaxed Antitrust Treatment Of Mergers, William James Adams Jan 1989

Does Exposure To International Trade Justify Relaxed Antitrust Treatment Of Mergers, William James Adams

Northwestern Journal of International Law & Business

When industries are exposed to foreign competition, relaxation of antitrust law in general, and of antimerger law in particular, may be justified in two ways. First, it may be argued that the ability to compete with foreigners requires possession of market power. One variant of this argument stresses the desirability of market power itself. Domestic enterprises must neutralize restrictive practices abroad -- whether they are inspired by foreign governments or merely tolerated by them -- if such enterprises are to enjoy their "natural" comparative advantages. A second variant of the argument emphasizes the growth of minimum efficient scale in manufacturing, …

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Will There Be A Single European Community Insurance Market After 1992?, William E. Pool Jan 1989

Will There Be A Single European Community Insurance Market After 1992?, William E. Pool

Northwestern Journal of International Law & Business

There is a great deal of talk nowadays within each of the twelve Member States of the European Community, and outside too, about 1992. People are saying: "We must be ready for 1992, when the barriers will fall, and the Community's single Internal Market will come about." It all makes splendid headlines for the press, and it has caught the public's imagination. Nothing is new, of course, about the idea of creating a single Common Market among the Member States. Doing so is a fundamental objective of the Treaty of Rome of 1958, which founded the European Economic Community ("EC" …

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Putting 1992 In Perspective, Mark L. Jones Jan 1989

Putting 1992 In Perspective, Mark L. Jones

Northwestern Journal of International Law & Business

The United States has vital economic, political and military stakes in the twelve member nations of the European Community ("EC" or "Community"). A review of the 1987 statistics regarding United States exports and United States foreign direct investment demonstrates the continued economic importance of the EC nations for the United States. The Community is currently carrying out an ambitious program to complete the EC "Internal Market" by 1992. This program calls for the Community to adopt almost 300 legislative measures aimed at eliminating the remaining barriers to the free movement of goods, persons, services and capital between the Member States. …

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The Bigness Mystique And The Merger Policy Debate: A Comment From West Germany, Ingo L.O. Schmidt Jan 1989

The Bigness Mystique And The Merger Policy Debate: A Comment From West Germany, Ingo L.O. Schmidt

Northwestern Journal of International Law & Business

After eight years of an antitrust policy dominated by the principles of the Chicago School, which is better characterized as a protrust merger policy, the United States and the European Community are confronted with a new wave of mergers. The arguments for mergers are the same as in the 1960s: merger-induced bigness promotes international competition, efficiency, and technological progress. In this context, Adams and Brock in their excellent analysis ask the right questions. But did merger-induced corporate giantism provide salvation for European industry? Did it provide world-class competitiveness? Was it a success and a model of industrial policy worthy of …

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Problem Of Mergers, H.W. De Jong Jan 1989

Problem Of Mergers, H.W. De Jong

Northwestern Journal of International Law & Business

Mergers and takeovers are again the order of the day. In North America, Europe, Australia, Africa and East Asia, firms try to combine, to take over, and to cooperate in joint-ventures. The combination phenomenon has risen spectacularly during the past few years. The European Community Competition Policy Reports also document an appreciable rise in acquisitions of minority holdings and in joint ventures, both of which have more than doubled during the past six years. This evidence, which could easily be multiplied, points towards one general characteristic of the merger and takeover phenomenon: mergers, takeovers and other combinations occur in waves, …

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Regulation Of Foreign Direct Investment In The United States Defense Industry, Mark L. Hanson Jan 1989

Regulation Of Foreign Direct Investment In The United States Defense Industry, Mark L. Hanson

Northwestern Journal of International Law & Business

From 1973 to 1986, the amount of foreign capital invested in the United States increased tenfold. In 1973, the amount of foreign direct investment in the United States was $ 20.556 billion. By 1986, that figure had increased to $ 209.329 billion. Clearly, foreign capital has become a necessary element for the economic growth of the United States and has contributed significantly to the development of the nation. This Comment examines the adequacy of the existing restrictions upon foreign investment in industries holding defense contracts or having access to national security information. After first presenting the reasons underlying the United …

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Commission V. Germany And Article 36 Protection Of Human Life And Health, Mimi Y. Lee Jan 1988

Commission V. Germany And Article 36 Protection Of Human Life And Health, Mimi Y. Lee

Northwestern Journal of International Law & Business

Free movement of goods is a fundamental principle of the European Community. Article 36 of the EEC Treaty, however, provides important exceptions to the principle of free movement of goods as embodied in Article 30. Recently, the Court of Justice of the European Community ("Court of Justice" or "Court") has begun to develop a significant body of case law on the protection of human health exception of Article 36. This development coincides with the increasing public interest in consumer protection law, particularly with regard to the production of food-stuffs. Commission of the European Communities v. Federal Republic of Germany presents …

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Subsidies Under United States Countervailing Duty Law: The Case Of Taiwan, Clyde D. Stoltenberg Jan 1988

Subsidies Under United States Countervailing Duty Law: The Case Of Taiwan, Clyde D. Stoltenberg

Northwestern Journal of International Law & Business

The rapid industrialization of the Republic of China on the island of Taiwan during the past thirty years has been accompanied by the entry of goods "made in Taiwan" into markets around the world. Indeed, foreign trade has become the backbone of Taiwan's economy and the impetus for its economic growth. Between 1976 and 1984, for example, year-to-year growth rates of imports ranged from 7.4% to 34.0%, while export growth ranged from 14.1% to 53.8%. In its ninth medium-term economic plan, the Council of Economic Planning and Development ("CEPD") calls for Taiwan's economy to grow by an annual average of …

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Perestroika And Market Socialism: The Effects Of Communism's Slow Thaw On East-West Economic Relations, W. Gary Vause Jan 1988

Perestroika And Market Socialism: The Effects Of Communism's Slow Thaw On East-West Economic Relations, W. Gary Vause

Northwestern Journal of International Law & Business

The United States post-war foreign policy towards the East has been dominated by a strategic-military orientation. This Perspective will examine East-West relations from a new perspective, one in which an improved climate of economic relations, based upon mutually beneficial trade and investment contacts between the United States and the major communist nations, provides a complement for diplomatic efforts to reduce global military tensions. The threshold analytical premise of this study is that United States foreign policy must be addressed as a comprehensive whole, and that foreign economic, human rights, political and geostrategic policies are not only interdependent, but indivisible. Decisions …

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Debt/Equity Swaps And Mexican Law: The Interplay Between Law And Regulation, Mark B. Baker Jan 1988

Debt/Equity Swaps And Mexican Law: The Interplay Between Law And Regulation, Mark B. Baker

Northwestern Journal of International Law & Business

Undeniably, one of the most significant current economic issues is the role of Direct Foreign Investment ("DFI") in the continued development of all nations, rich and poor. History has shown that successful DFI requires a delicate balance between the investor and host country. The emerging view (and one supported by the plethora of recently enacted or modified Foreign Investment Codes) is to seek only those investments from abroad which might be characterized as "beneficial" to the host country. The United States of Mexico has addressed the question of Direct Foreign Investment for many years. In doing so, Mexican policy regarding …

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American Lamb Company V. United States: Application Of The Reasonable Indication Standard, Nam H. Paik Jan 1988

American Lamb Company V. United States: Application Of The Reasonable Indication Standard, Nam H. Paik

Northwestern Journal of International Law & Business

The utilization of non-tariff barriers in international trade has taken on significant importance in protecting United States industries from unfair trading practices by foreign competitors. Non-tariff barriers such as antidumping and countervailing duty measures are designed to regulate "unfair methods of competition and unfair acts" by foreign concerns. The regulations promulgated by the International Trade Administration ("ITA") of the Department of Commerce and the International Trade Commission ("ITC"), contain the appropriate measures followed by these agencies in their investigations of potential dumping and countervailing duty violations. If the ITA determines that an investigation is warranted after considering information reasonable available …

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Controlling Diversion: How Can We Convert The Toshiba-Kongsberg Controversy Into A Victory For The West, Jere W. Morehead Jan 1988

Controlling Diversion: How Can We Convert The Toshiba-Kongsberg Controversy Into A Victory For The West, Jere W. Morehead

Northwestern Journal of International Law & Business

Since the revelations last year that a Toshiba Corporation subsidiary illegally sold the Soviet Union tools to make superquiet submarine propellers, the United States government has struggled to develop an appropriate response for punishing the Japanese company. Unfortunately, the proposals advanced by the United States have not been directed at using this episode to advance meaningful reforms in both domestic and multilateral export controls. This Perspective will examine the Toshiba-Kongsberg case, summarize the current state of export controls, and suggest a strategy to improve upon the poor record of the West in controlling the diversion of strategic technology to the …

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Introduction Symposium: The Political Economy Of International Trade Law And Policy , Kenneth W. Abbott Jan 1987

Introduction Symposium: The Political Economy Of International Trade Law And Policy , Kenneth W. Abbott

Northwestern Journal of International Law & Business

As this Introduction is written, the law of international trade stands at a major crossroads. In Congress, the House of Representatives and the Senate are attempting to consolidate two massive omnibus trade bills.' These bills authorize the President to enter into a new round of multilateral trade negotiations, amend the import relief laws, prescribe measures to deal with "unfair" foreign trade practices, and in general affect virtually every area of United States law concerned with international trade. Provisions like the Gephardt Amendment,2 designed to exert pressure on countries which have large trade surpluses and engage in trade practices that the …

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Japanese View Of United States Trade Laws, A , Mitsuo Matsushita Jan 1987

Japanese View Of United States Trade Laws, A , Mitsuo Matsushita

Northwestern Journal of International Law & Business

The purpose of this Article is to present a Japanese view of United States trade laws, concentrating on the differences between the United States and the Japanese laws. This Article will address the questions of whether United States trade laws have been used for protectionist purposes and whether there are inconsistencies and conflicts within United States trade laws. Finally, this Article will discuss Japanese suggestions for the enforcement of United States trade laws. The views expressed here are neither those of the Japanese business community nor those of the Japanese government; they are solely the views of the author, who …

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Changing Patterns Of Protectionism: The Fall In Tariffs And The Rise In Non-Tariff Barriers Symposium: The Political Economy Of International Trade Law And Policy , Edward John Ray Jan 1987

Changing Patterns Of Protectionism: The Fall In Tariffs And The Rise In Non-Tariff Barriers Symposium: The Political Economy Of International Trade Law And Policy , Edward John Ray

Northwestern Journal of International Law & Business

The model constructed in this Article explains how the efforts of special interest groups within a nation interact with its domestic political and foreign policy objectives to influence the nation's overall structure of trade regulations. Section II of the Article, therefore, begins by providing a simple analytical framework which can help to explain the evolution of both the pattern and the level of protectionism in the United States and other countries.2 Section III of the Article reviews the history of United States trade policy and summarizes the current economic and political climate for protectionist legislation in the United States. The …

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The Administrative Regulation Of Technology Induction Contracts In Japan, K. Blake Thatcher Jan 1987

The Administrative Regulation Of Technology Induction Contracts In Japan, K. Blake Thatcher

Northwestern Journal of International Law & Business

The purpose of this Comment is to investigate the current effect of both the FECL and the AML on TICs.'6 It begins with a historical analysis of past applications of these laws to TICs. It then discusses the current terms of the AML and the FECL, the government's application of these terms to TICs, and the effect of this application on the formation of TICs. This Comment concludes that, although the means of regulation has changed and there has been some liberalization, the FECL and the AML continue to create substantial prejudicial effects for the interests of foreign parties to …

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United States Trade Protectionism: Institutions, Norms, And Practices Symposium: The Political Economy Of International Trade Law And Policy , Michael Borrus, Judith Goldstein Jan 1987

United States Trade Protectionism: Institutions, Norms, And Practices Symposium: The Political Economy Of International Trade Law And Policy , Michael Borrus, Judith Goldstein

Northwestern Journal of International Law & Business

is Article first explores the origins and evolution of existing trade norms and institutions.7 Then, as an example of the pressures on and potential responses open to United States industry, the Article turns to the recent experiences of the United States semiconductor industry.8 The Article concludes with some thoughts on the future of trade policymaking institutions, including the insight that the failure in United States trade policy has been in part due to the lack of ideas on how the United States should respond to foreign competition in a burgeoning world economy.

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Emerging Unification Of Conflict Of Laws Rules Applicable To The International Sale Of Goods: Uncitral And The New Hague Conference On Private International Law, Francis A. Gabor Jan 1986

Emerging Unification Of Conflict Of Laws Rules Applicable To The International Sale Of Goods: Uncitral And The New Hague Conference On Private International Law, Francis A. Gabor

Northwestern Journal of International Law & Business

A new lex mercatoria is emerging in the unification of the law of international trade. In analyzing this development, this Article will emphasize two points. First, international contracts are based essentially on national law, a feature of which is the lack of state involvement resulting in party autonomy. A party's freedom to contract is a uniformly recognized principle of contract law. Second, in recent times -- particularly following World War II -- a wide range of state governmental regulations have appeared which restrict parties' freedom to contract. Such restrictions include economic regulations promulgated by the modern state, plus considerable legislation …

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Section 301 Of The Trade Act Of 1974: Requirements, Procedures, And Developments, Judith Hippler Bello, Alan F. Holmer Jan 1986

Section 301 Of The Trade Act Of 1974: Requirements, Procedures, And Developments, Judith Hippler Bello, Alan F. Holmer

Northwestern Journal of International Law & Business

The recent dramatic increase in the use of Section 301 of the Trade Act of 1974 ("§ 301") and a predecessor provision in the Trade Expansion Act warrants a review of its requirements and procedures. This Article illustrates those requirements and procedures through § 301's application in particular cases. The Article also explains why recent events have led to more frequent resort to § 301 and related legal provisions. Section 301 is currently the lodestar of the Administration's free and fair trade policy. This policy stresses, in particular, the need for equitable access to foreign markets for United States exports …

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