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Articles 181 - 207 of 207
Full-Text Articles in International Trade Law
Networks In International Economic Integration: Fragmented States And The Dilemmas Of Neo-Liberalism, Sol Picciotto
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 …
Trade Policy And Election-Year Politics: The Truth About Title Iii Of The Helms-Burton Act, Leslie R. Goldberg
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 …
New Players For The Old Tobacco Game: The Czech Republic And Romania; It's Time To Change The Rules, Susan Meyer
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 …
The Decline Of The Nation State In International Trade And Investment, William H. Lash Iii
The Decline Of The Nation State In International Trade And Investment, William H. Lash Iii
Cardozo Law Review
For the past twenty-five years, commentators across a wide spectrum of ideologies and disciplines have been calling for, or predicting the death of, the nation state. The critics are numerous and forceful. Their caustic eulogies assert that the nation state is "just about through as an economic unit," a "nostalgic fiction," a "dysfunctional organizational unit," "remarkably inefficient engines of wealth distribution," and last but not least, "a political organism with cholesterol hardening the arteries of its economic bloodstream." To paraphrase Marc Antony, I do not wish to praise the nation state, nor to bury it. I will address …
Regulation Of Global Futures Markets: Is Harmonization Possible Or Even Desirable?, Jane C. Kang
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 …
The Dangerous Extraterritoriality Of American Securities Law, Stephen J. Choi, Andrew T. Guzman
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 …
U.S. Legal Considerations Affecting Global Offerings Of Shares In Foreign Companies, Daniel A. Braverman
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. …
The Absence Of Cross-Cultural Communication: Sec Mandatory Disclosure And Foreign Corporate Governance, James A. Fanto
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.
In Search Of A Standard: "Serious Damage" In The Agreement On Textiles And Clothing, John M. Jennings
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.
International Trade And Environmental Development: A View From India, R. S. Pathak
International Trade And Environmental Development: A View From India, R. S. Pathak
Indiana Journal of Global Legal Studies
No abstract provided.
Developing Countries In The International Trade Order, Bartram Brown
Developing Countries In The International Trade Order, Bartram Brown
All Faculty Scholarship
No abstract provided.
The U.S.-Japan Trading Relationship And Its Effects, Richard Rosecrance
The U.S.-Japan Trading Relationship And Its Effects, Richard Rosecrance
Indiana Journal of Global Legal Studies
No abstract provided.
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 …
Law As Discourse, George P. Fletcher
Foreign Policy And Export Controls: How Will The Canada-United States Free Trade Agreement Accommodate The Extraterritorial Application Of The United States Laws To Canadian Exports Of Goods And Technology?, Dorinda G. Dallmeyer
Scholarly Works
This paper begins with a comparison of the Canadian and U.S. export control structures. It examines resulting conflicts between the two. It then describes the provisions of the Free Trade Agreement which address the harmonization of export controls. While the Agreement is far-reaching, it is important to note that the FTA is not a Customs Union. That is, the two countries are not going to develop a common external trade policy but will continue to maintain independent trade relations with respect to third countries. In light of that fact, the paper analyzes the prospects for continuing conflict between the United …
Conference Introduction, C. Ronald Ellington
Conference Introduction, C. Ronald Ellington
Scholarly Works
I am pleased to welcome everyone, especially our distinguished speakers, to this most important conference. Our purpose is to discuss ways of maintaining the post-World War II multilateral trading system between the United States and its economic parters, the OECD and the developing world. The Uruguay Round multilateral trade negotiations have given the international community a forum to thoroughly examine the possibility of brining all international trade under a common multilateral trading system, unencumbered by barriers and national interests. The liberalization of trade in services and the protection of industrial and intellectual property rights are an essential part of the …
United States Trade Policy Toward Foreign Commodity Markets: A Critique, John V. Rainbolt
United States Trade Policy Toward Foreign Commodity Markets: A Critique, John V. Rainbolt
Northwestern Journal of International Law & Business
New trading instruments and a concommitant increase in volume in United States future markets during the past decade has overshadowed somewhat a parallel market expansion involving foreign commodity exchanges serving an expanded United States and international customer base.
State Trading: Its Nature And International Treatment, Edmond M. Ianni
State Trading: Its Nature And International Treatment, Edmond M. Ianni
Northwestern Journal of International Law & Business
At least six considerations compel a review of the international practice of state trading. First, state trading is practiced widely throughout the world and embraces at least one quarter of world trade. From a domestic perspective, United States trade with state trading countries continues to grow and, therefore, is directly relevant to the United States national interest. Second, increasing international economic interdependence has augmented the role of state trading in international trade by the inducements of economic necessity and efficiency. Third, recent Eastern European trends toward greater private economic autonomy have facilitated trade relations between free market countries and state …
Appellations Of Origin: The Continuing Controversey, Lori E. Simon
Appellations Of Origin: The Continuing Controversey, Lori E. Simon
Northwestern Journal of International Law & Business
Appellations of origin (appellations d'origine) are geographical denominations that indicate a product's origin, as well as particular distinctive and renowned qualities associated with the location. Because of the singularity of these titles, the disparity in national laws, and the potential for infringement of the rights associated with the names, protection of appeallations of origin continues to be a controversial topic in international trade law. The debate over protection of appellations of origin primarily stems from conflicting national economic interests and divergent fundamental conceptions of the purpose of protecting trade names. It is entangled further by cultural, linguistic, and historical differences …
An Overview Of The Japanese Legal System, Elliott J. Hahn
An Overview Of The Japanese Legal System, Elliott J. Hahn
Northwestern Journal of International Law & Business
Trade between the United States and Japan is growing at such a rapid pace that it is incumbent on those involved in private international law to be well-versed in the Japanese legal system. This Article is inteded to be of service to one weeking an overview of that system. The basic lesson for the reader is that the legal system is that the legal system of Japan differs significantly from that of the United States. This difference arises from disparate views of Americans and Japanese as to the fundamental purpose of a legal system. Upon reflection, it is perhaps not …
A Method For Analyzing The Effect Of Competition On Restricting Imports, Benjamin I. Cohen
A Method For Analyzing The Effect Of Competition On Restricting Imports, Benjamin I. Cohen
Northwestern Journal of International Law & Business
The President is authorized, pursuant to Section 203 of the Trade Act of 1974, to restrict imports of a commodity when these imports are the principle cause of injury to United States firms producing the same article. In such an "escape clause" proceeding, the President is to take into account, inter alia, "the effect of import relief on consumers... and on competition in the domestic markets for such articles."
United States International Competitiveness And Trade Policies For The 1980s, Dan Quayle
United States International Competitiveness And Trade Policies For The 1980s, Dan Quayle
Northwestern Journal of International Law & Business
A new wave of protectionism is upon us and its undertow, if not the wave itself, constitutes a serious threat to the Western alliance. This "neo-protectionism" differs from familiar past practices relying heavily on higher tariffs; it is more often charactierized by the use of more subtle ploys such as dumping, subsidization, and the erection of difficult marketing requirements for foreign traders.
The Hague Conference And The Main Issues Of Private International Law For The Eighties, George A.L. Droz, Adair Dyer
The Hague Conference And The Main Issues Of Private International Law For The Eighties, George A.L. Droz, Adair Dyer
Northwestern Journal of International Law & Business
The Hague Conference on Private International Law has attempted, since its revitalization in the 1950, to unify the rules of private international law. The efforts of the Conference have in the past centered around the fields of civil procedure, conflict of laws, the international sale of goods, products liability and international family law. Messrs. Droz and Dyer review the history of the achievements of the Conference in these fields and reflect on the problems and opportunities the Conference will encounter in the 1980"s.
Dames & Moore V. Regan, Lewis F. Powell Jr.
Dames & Moore V. Regan, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
International Illegality As A Basis For Refusal To Participate In Hostilities - A Tentative Proposal And A Preliminary Analysis Of American Law, David M. Cohen
International Illegality As A Basis For Refusal To Participate In Hostilities - A Tentative Proposal And A Preliminary Analysis Of American Law, David M. Cohen
William & Mary Law Review
No abstract provided.
Protection Of Private Foreign Investments In Less Developed Countries - Its Reality And Effectiveness, Henry Landau
Protection Of Private Foreign Investments In Less Developed Countries - Its Reality And Effectiveness, Henry Landau
William & Mary Law Review
No abstract provided.
Treaties As Law In National Courts With Especial Reference To The United States, Quincy Wright
Treaties As Law In National Courts With Especial Reference To The United States, Quincy Wright
Indiana Law Journal
No abstract provided.