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Northwestern Journal of International Law & Business

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Articles 91 - 120 of 228

Full-Text Articles in International Trade Law

Chinese Law, Trade And The New Century, Robert C. Berring Jan 2000

Chinese Law, Trade And The New Century, Robert C. Berring

Northwestern Journal of International Law & Business

China crammed a great deal of political activity into the 20th Century. In the year 1900 the Q'ing Dynasty still ruled the remnants of an ancient empire. The Q'ing conspired with rebels in the Boxer Rebellion in the hopes of expelling all foreigners from Chinese soil and returning to splendid isolation. In the year 2000 China is a superpower balancing communist theory and a capitalist market that is about to join the World Trade Organization. The intervening years saw warlords, democrats, fascists, Marxists and all stripes of communists leading the world's largest nation. As China enters the new millennium of …

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Integration Of International Financial Regulatory Standards For The Chinese Economic Area: The Challenge For China, Hong Kong, And Taiwan, Lawrence L.C. Lee Jan 1999

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 …

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An International Drug Administration: Curing Uncertainty In International Pharmaceutical Product Liability, Katherine A. Davis Jan 1998

An International Drug Administration: Curing Uncertainty In International Pharmaceutical Product Liability, Katherine A. Davis

Northwestern Journal of International Law & Business

This comment will demonstrate how discrepancies among product li- ability standards and different interpretations of their application have cre- ated fear and uncertainty in the pharmaceutical industry. This fear has caused distortions in the market, increased costs for both manufacturers and consumers, and chilled the research and development of new products. To combat these problems, this comment proposes that the United States, the European Union, and Japan work together to create a new international, uniform system of product liability for pharmaceutical products. Harmo- nizing the standard of liability for pharmaceuticals among these regimes has proven inadequate to stop inconsistency and …

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Combating The Ilicit Art Trade In The European Union: Europol's Role In Recovering Stolen Artwork, Jennifer Sultan Jan 1998

Combating The Ilicit Art Trade In The European Union: Europol's Role In Recovering Stolen Artwork, Jennifer Sultan

Northwestern Journal of International Law & Business

In order to provide a context for a discussion of how to effectively combat the art theft problem, Part II of this comment will examine the vari- ous incentives that encourage art theft. Parts I, IV, and V will explain the background and key provisions of two international conventions and one regional directive that address the problem of art theft in the EU. Part VI will analyze the strengths and shortcomings of the existing legal regime ac- cording to the two conventions and a directive. Part VII will discuss three mechanisms that have been somewhat successful in the recovery of …

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The Cisg Convention And Thomas Franck's Theory Of Legitimacy, Anthony S. Winer Jan 1998

The Cisg Convention And Thomas Franck's Theory Of Legitimacy, Anthony S. Winer

Northwestern Journal of International Law & Business

The Contracts for the International Sale of Goods (CISG) Convention is one of the most talked-about, and written-about, aspects of international commercial law. Ss time progresses, it may become evident that significant numbers of commercial actors and significant numbers of courts and other adjudicatory bodies are simply choosing not to apply the Convention. In such event, the question as to why there should be such a reluctance to adopt the Convention will present itself. This Article finds helpful perspective on this question in the work of international legal scholar Thomas Franck. Specifically, guidance is drawn from the theory of international …

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The Theory Of The Firm And The Theory Of The International Economic Organization: Toward Comparative Institutional Analysis, Joel P. Trachtman Jan 1997

The Theory Of The Firm And The Theory Of The International Economic Organization: Toward Comparative Institutional Analysis, Joel P. Trachtman

Northwestern Journal of International Law & Business

Debates regarding the competences and governance of interna- tional economic organizations such as the World Trade Organization (WTO), the European Union (EU) and the North American Free Trade Agreement (NAFFA) seem to grow more polarized. Academic lawyers, political scientists and economists seem to add little light to these heated debates. The purpose of this paper is to examine the theory of the firm and related transaction cost-based literatures of new institutional economics (NIE),4 law and economics (L&E) and industrial organizations (IO),' and the application of their analytical techniques to the linked problems of competence and governance of international economic organizations …

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The Role Of Consensus In Gatt/Wto Decision-Making, Mary E. Footer Jan 1997

The Role Of Consensus In Gatt/Wto Decision-Making, Mary E. Footer

Northwestern Journal of International Law & Business

The most striking aspect of the new World Trade Organization (WTO)' is the extent to which it preserves and consolidates the body of law and practice which has evolved out of the development of the General Agreement on Tariffs and Trade (GATT)2 and related instru- ments. Such preservation and consolidation is deliberate as the pre- amble to the Marrakesh Agreement Establishing the World Trade Organization (Marrakesh Agreement) makes clear.3 The mechanism chosen for the transition from the GAT-T to the WTO was designed to provide a degree of continuity, stability and thereby predictability in the multilateral trading system. Its occurrence …

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"Trade And": Recent Developments In Trade Policy And Scholarship - And Their Surprising Political Implications, Jeffrey L. Dunoff Jan 1997

"Trade And": Recent Developments In Trade Policy And Scholarship - And Their Surprising Political Implications, Jeffrey L. Dunoff

Northwestern Journal of International Law & Business

Lately, I've been thinking about the richly suggestive phrase "trade and." What does it mean? Is it shorthand for new topics on the expanded trade agenda, such as "trade and environment" or "trade and intellectual property"? Does it describe new movements in legal scholarship on trade issues? How is it similar to, or different from, "law and"? Until fairly recently, most scholarship about international trade law fell within a relatively well-defined domain. The substantive focus of this traditional scholarship' typically has been on a series of tradi- tional, core "trade" issues: tariffs, quotas, most-favored-nation treat- ment, nondiscrimination, permissible safeguards and …

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Dispute Resolution As A Catalyst For Economic Integration And An Agent For Deepening Integration: Nafta And Mercosur?, Cherie O'Neal Taylor Jan 1997

Dispute Resolution As A Catalyst For Economic Integration And An Agent For Deepening Integration: Nafta And Mercosur?, Cherie O'Neal Taylor

Northwestern Journal of International Law & Business

An economic integration arrangement between nations cannot exist without the creation of the necessary institutions. Any free trade, customs union or common market agreement1 must have, at a minimum, political institutions and a dispute settlement mechanism. The political institutions are necessary to allow the countries to reach decisions about how to implement the treaty obligations and objec- tives and to oversee that implementation. The dispute settlement mechanism is needed to resolve disputes that may arise over the meaning and application of the agreement's legal obligations and objectives. A dispute settlement mechanism is crucial to the viability of an economic integration …

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From Diplomacy To Law: The Juridicization Of International Trade Relations, Arie Reich Jan 1997

From Diplomacy To Law: The Juridicization Of International Trade Relations, Arie Reich

Northwestern Journal of International Law & Business

This article deals with the development of law; i.e., the evolution of a legal regime in a field which prior thereto was not subject to law. It is my view that such a process took place in recent decades in the area of trade relations between sovereign nations. The period since World War II, and particularly recent years, is marked by the clear development of a conventional legal regime which regulates trade re- lations among the majority of countries of the world, as expressed by the multiplication of legal norms and the strengthening of the binding nature of these norms …

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Trade Protection In The New Millennium: The Ascendancy Of Antidumping Measures, Christopher F. Corr Jan 1997

Trade Protection In The New Millennium: The Ascendancy Of Antidumping Measures, Christopher F. Corr

Northwestern Journal of International Law & Business

This article will first examine why the antidumping law will become the weapon of choice for import protection in the new millennium. It then will provide an overview of the antidumping regulatory regime, and the controversy it has engendered. Finally this article will discuss the compli- ance measures that global exporters should consider in order to avoid anti- dumping liability in the future.

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Assessing Apec's Role In Economic Integration In The Asia-Pacific Region, Merit E. Janow Jan 1997

Assessing Apec's Role In Economic Integration In The Asia-Pacific Region, Merit E. Janow

Northwestern Journal of International Law & Business

This article examines the Asia-Pacific Economic Cooperation (APEC) forum as a new institution to promote economic integration in the Asia-Pacific region. APEC does not lend itself to straightfor- ward definition. Formed only recently in 1989, APEC is currently comprised of 18 member "economies"1 and is organized around a set of intergovernmental meetings. Its very nomenclature, APEC, lacks a descriptive noun.2

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Direct Effect Of International Economic Law In The United States And The European Union, Ronald A. Brand Jan 1997

Direct Effect Of International Economic Law In The United States And The European Union, Ronald A. Brand

Northwestern Journal of International Law & Business

One of the most difficult problems in the study of international law is determining when a rule of law applies to a given situation. This problem has two dimensions: (1) determining what the rule of law is and (2) determining when and how it is applied. The first di- mension, though complex, is the subject of Article 38 of the Statute of the International Court of Justice,' and the starting point for most dis- cussions of international law.2 Though it may be difficult to establish the existence of a rule of international law, particularly in the absence of a treaty, …

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Gunboat Diplomacy In The Northwest Atlantic: The 1995 Canada-Eu Fishing Dispute And The United Nations Agreement On Straddling And High Migratory Fish Stocks, Derrick M. Kedziora Jan 1997

Gunboat Diplomacy In The Northwest Atlantic: The 1995 Canada-Eu Fishing Dispute And The United Nations Agreement On Straddling And High Migratory Fish Stocks, Derrick M. Kedziora

Northwestern Journal of International Law & Business

In March 1995, Canadian gunboats seized and impounded a Spanish fishing trawler and cut the nets of another Spanish boat for alleged violations of international quotas and regulations governing the fishing of Greenland Halibut in the international waters of the North Atlantic.1 Spain and the European Union (EU) responded by alleging that the Canadians violated international law and committed an act of piracy by seizing a foreign ship in international waters.2 The EU threatened to impose economic sanctions against Canada, and the Spanish government responded by sending its own gunboats into the North Atlantic.3 The stage was set for a …

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Foundation-Building For Western Hemispheric Integration, Frederick M. Abbott Jan 1997

Foundation-Building For Western Hemispheric Integration, Frederick M. Abbott

Northwestern Journal of International Law & Business

The United States is embarked upon an ambitious program of western hemispheric economic integration about which its domestic body politic is decidedly ambivalent. The process in which the North American Free Trade Agreement (NAFTA) was approved in 1993 re- vealed deep divisions between the major political parties and their various interest group constituencies concerning the appropriate scope of an economic integration agenda. The Mexican peso crisis that began in December 1994 provoked a deep crisis of confidence regarding Mexico's readiness to participate in a mature economic partnership with the United States and Canada. Subsequent revela- tions relating to corruption infecting …

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Networks In International Economic Integration: Fragmented States And The Dilemmas Of Neo-Liberalism, Sol Picciotto Jan 1997

Networks In International Economic Integration: Fragmented States And The Dilemmas Of Neo-Liberalism, Sol Picciotto

Northwestern Journal of International Law & Business

Current discussions of "globalization" afford an opportunity to. reflect on the development of the modern international system and its governance as well as to evaluate prospects and strategies for the fu- ture. However, the term "globalization" is ambiguous. It conceals di- verse and sometimes conflicting trends and strategies; it appears to project a post-Cold War optimism of increasing global unity and pros- pects for a new world order based on a strengthened framework of international institutions. Nonetheless, tendencies towards fragmen- tation exist, in addition to an increasing awareness of diversity and, perhaps, global disorder. Certainly, efforts are being made to …

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Trade Policy And Election-Year Politics: The Truth About Title Iii Of The Helms-Burton Act, Leslie R. Goldberg Jan 1997

Trade Policy And Election-Year Politics: The Truth About Title Iii Of The Helms-Burton Act, Leslie R. Goldberg

Northwestern Journal of International Law & Business

Part I of this comment chronicles the historical events leading to the promulgation of the Helms-Burton Act. Part II provides an overview of Ti- tle I of the Helms-Burton Act. Part I then analyzes Title III and de- scribes why Title III will not protect the property rights of U.S. citizens or deter enough foreign business investment in Cuba to expedite the collapse of Castro's regime. Next, Part IV details the it-for-tat legal retaliation that has stemmed from Title I's enactment, and Part V discusses the legality of Title mI's private right of action. Finally, Part VI recommends that Title …

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New Players For The Old Tobacco Game: The Czech Republic And Romania; It's Time To Change The Rules, Susan Meyer Jan 1997

New Players For The Old Tobacco Game: The Czech Republic And Romania; It's Time To Change The Rules, Susan Meyer

Northwestern Journal of International Law & Business

Cigarette and tobacco advertisements have become a part of life in the Czech Republic and Romania. In the Czech Republic, Camel cigarettes, manufactured by R.J. Reynolds, sponsored weddings in which taxis bearing the Camel logo transported guests from the wed- ding to the reception.' In Romania, Kent cigarettes, manufactured by British and American Tobacco Company (BAT), sponsored the ex- tremely popular television show "Dallas."3 Unfortunately, the health consequences of cigarette use, which lead to the annual death of three million people around the world,4 have also become a part of daily life. In 1995, almost 20% of the Czech Republic's …

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Regulation Of Global Futures Markets: Is Harmonization Possible Or Even Desirable?, Jane C. Kang Jan 1996

Regulation Of Global Futures Markets: Is Harmonization Possible Or Even Desirable?, Jane C. Kang

Northwestern Journal of International Law & Business

The February 1995 collapse of the British merchant bank, Barings Plc, and the announcement in June 1996 by the Sumitomo Corpora- tion of copper trading losses in excess of 2 billion dollars are only two of the more recent events underscoring the global complexity of finan- cial markets today. The failure of Barings resulted from unhedged proprietary positions in the Nikkei 225 on the Singapore International Monetary Exchange (SIMEX) and the Osaka Stock Exchange. This precipitated actions by financial regulatory and market authorities in Singapore, Japan, Hong Kong, the United Kingdom, and the United States. The events surrounding Sumitomo spanned …

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The Dangerous Extraterritoriality Of American Securities Law, Stephen J. Choi, Andrew T. Guzman Jan 1996

The Dangerous Extraterritoriality Of American Securities Law, Stephen J. Choi, Andrew T. Guzman

Northwestern Journal of International Law & Business

The capital markets within the United States are among the larg- est in the world. Today, the combined volume of the New York Stock Exchange (NYSE), American Stock Exchange (AMEX) and Nasdaq market system reaches approximately $4 trillion dollars annually.' With the size of the U.S. markets has come an understandable pride in the success of the American regulatory system.2 Possessing one of the most complex and intricate of regimes, the regulatory system in the United States, as administered and monitored by the Securities and Exchange Commission (SEC), is often praised.3 Not surprisingly, perhaps, the United States has frequently attempted …

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Constructing Democracy In The North American Free Trade Area, Alexandra Maravel Jan 1996

Constructing Democracy In The North American Free Trade Area, Alexandra Maravel

Northwestern Journal of International Law & Business

This paper focuses on the implementing mechanisms, examining their character and implications for regional government as the possibility of a hemisphere-wide free trade area looms across the Americas. The essential problem is how to define the political framework that Canada, Mexico, and the United States are creating. It is not clear that it is an inherently demo- cratic regime. The regime, created to oversee the complex system of trading rules, is arguably (and paradoxically) necessary to ensure "free" trade, but it may undermine the very emergent regional democ- racy it seeks to empower.

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U.S. Legal Considerations Affecting Global Offerings Of Shares In Foreign Companies, Daniel A. Braverman Jan 1996

U.S. Legal Considerations Affecting Global Offerings Of Shares In Foreign Companies, Daniel A. Braverman

Northwestern Journal of International Law & Business

The 1980s witnessed the emergence of so-called "global" equity offerings as part of the increasing internationalization of the world's capital markets. An equity offering can be said to be "global" when it involves simultaneous offerings of shares in a number of countries, one or more of which may be made to the public in accordance with the regulations of national markets. The capital markets of the United States can be included in a global equity offering in one of two ways: (1) shares may be offered to the public in accordance with the registration and disclosure requirements of the U.S. …

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The Absence Of Cross-Cultural Communication: Sec Mandatory Disclosure And Foreign Corporate Governance, James A. Fanto Jan 1996

The Absence Of Cross-Cultural Communication: Sec Mandatory Disclosure And Foreign Corporate Governance, James A. Fanto

Northwestern Journal of International Law & Business

U.S. corporate law scholars have recently recognized that, even in developed Western countries, there have been different solutions to the classic agency problem,1 arguably the primary focus of corporate law that governs the relationship between owners and managers in the large public corporations which are so important in the world econ- omy.2 Scholars have also acknowledged that these solutions, which fall under the general heading of corporate governance,3 do not arise solely from the evolution of some fundamental economic order or logic, but are shaped by social, political and, more generally, cultural forces, often unique to a particular country.

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In Search Of A Standard: "Serious Damage" In The Agreement On Textiles And Clothing, John M. Jennings Jan 1996

In Search Of A Standard: "Serious Damage" In The Agreement On Textiles And Clothing, John M. Jennings

Northwestern Journal of International Law & Business

The U.S. textile and apparel industries employed approximately two and a half million people in 1950.1 Since then, the industries have lost close to one million jobs, of which 857,000 have been lost since 1970.2 Competition from imported goods has contributed significantly to the decline.' Now the U.S. textile and apparel industries face the specter of accelerated job loss due to the "Agreement on Textiles and Clothing" (ATC)4 - a product of the Uruguay Round of GATT negotiations5 - which calls for the phasing out of import quota limitations in the textile and apparel industries.

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Trade And Environment: How Should Wto Panels Review Environmental Regulations Under Gatt Articles Iii And Xx, Kazumochi Kometani Jan 1996

Trade And Environment: How Should Wto Panels Review Environmental Regulations Under Gatt Articles Iii And Xx, Kazumochi Kometani

Northwestern Journal of International Law & Business

The article discusses a GATT/WTO panel report that the author disagrees with and it lays out the proposals that he would implement to modify the report.

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Reining In The Foreign Trade Zones Board: Making Foreign Trade Zone Decisions Reflect The Legislative Intent Of The Foreign Trade Zones Act Of 1934, William G. Kanellis Jan 1995

Reining In The Foreign Trade Zones Board: Making Foreign Trade Zone Decisions Reflect The Legislative Intent Of The Foreign Trade Zones Act Of 1934, William G. Kanellis

Northwestern Journal of International Law & Business

The Foreign Trade Zone is an area inside United States territory which, for customs purposes, is considered outside of United States Customs territory. Various monetary and administrative benefits accrue to those who are allowed to operate within a foreign trade zone. Foreign Trade Zones were created in 1934 by the Foreign Trade Zones Act' to improve the domestic economy and stimulate foreign commerce. The Foreign Trade Zones Act also created the Foreign Trade Zones Board. The Board is charged with the responsibility of setting up regulations surrounding Foreign Trade Zone creation and use. The relevance and prevalence of Foreign Trade …

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Dispute Recognition And Dispute Settlement In Integration Processes: The Comesa Experience, P. Kenneth Kiplagat Jan 1995

Dispute Recognition And Dispute Settlement In Integration Processes: The Comesa Experience, P. Kenneth Kiplagat

Northwestern Journal of International Law & Business

This article examines the theoretical and practical issues relating to the resolution of trade disputes within regional integration arrangements in developing countries in general, and within the Common Market for Eastern and Southern Africa (COMESA) in particular. This examination will focus mainly on the institutions that exist for the resolution of trade disputes and at whose initiative they can be set in motion. A further examination will deal with what body of laws the various dispute resolution institutions regard as supreme and the remedies that are available. Because of the relative frailty of regional institutions in the developing world coupled …

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Chapter 19 Of The United States-Canada Free Trade Agreement 1989-95: A Check On Administered Protection?, John M. Mercury Jan 1995

Chapter 19 Of The United States-Canada Free Trade Agreement 1989-95: A Check On Administered Protection?, John M. Mercury

Northwestern Journal of International Law & Business

The United States-Canada Free Trade Agreement1 expressed the mutual desire of Canadian and American exporters to secure permanent access to the other country's market. Of particular concern to Canada during the FTA negotiations was the perceived need to reduce the impact of such non-tariff barriers to trade as American antidumping (AD) and countervailing duty (CVD) laws. It was recognized that eliminating tariff levels under the FTA would only nominally benefit Canadian exporters if American non-tariff barriers were allowed to retain their existing status. Chapter 19 of the FTA was created to address this Canadian concern.

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Jumpstarting Apec In The Race To "Open Regionalism:" A Proposal For The Multilateral Adoption Of Uncitral's Model Law On International Commercial Arbitration, Melissa Gerardi Jan 1995

Jumpstarting Apec In The Race To "Open Regionalism:" A Proposal For The Multilateral Adoption Of Uncitral's Model Law On International Commercial Arbitration, Melissa Gerardi

Northwestern Journal of International Law & Business

This Comment will demonstrate that although the APEC member nations are divided between two contrasting approaches to the future development of APEC, the "Western" and "Asian" approaches respectively, they nonetheless share a dynamic Asia-Pacific economy which offers the incentive for economic cooperation in the area. Although such dynamic economic growth has been led primarily by the acts of the private sector, such economic performance would not have been possible without the facilitating role of the APEC governments.' In accordance with the goal to achieve "open regionalism" by the year 2020, this Comment proposes that the APEC members adopt the United …

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Section 301 Of The Omnibus Trade And Competitiveness Act Of 1988: A Formidable Weapon In The War Against Economic Espionage, Marc A. Moyer Jan 1994

Section 301 Of The Omnibus Trade And Competitiveness Act Of 1988: A Formidable Weapon In The War Against Economic Espionage, Marc A. Moyer

Northwestern Journal of International Law & Business

Current debate over appropriate methods for curbing the threat of economic espionage revolves around unilateral and multilateral forms of action. There are two kinds of solutions on which the United States could focus its resources and efforts. One involves "supply side" solutions, such as export controls and individual corporate security. The other requires the use of foreign governments, United States intelligence agencies, and domestic law enforcement mechanisms to remedy the problem.5 Currently, debate exists as to which of these solutions should be emphasized. To a certain extent, the purpose of this comment is to describe the current threat to United …

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