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Articles 61 - 76 of 76
Full-Text Articles in Jurisdiction
Internet Jurisdiction Today, Adria Allen
Internet Jurisdiction Today, Adria Allen
Northwestern Journal of International Law & Business
This paper will use the Yahoo case to illustrate the unique jurisdictional dilemma posed by the Internet as countries try to enforce their laws in an era when laws may be broken, through the use of the Internet, from other countries with conflicting laws.' Part I of this paper will address the Yahoo case and its importance to Internet jurisdiction. Part II will explore traditional jurisdiction and apply it to the Yahoo case. Part III will identify twopotential theories of Internet jurisdiction and investigate whether they are feasible solutions to the problem posed by the Yahoo case. Part IV will …
Enforcing U.S. Judgments In Canada: "Things Are Looking Up!", Ivan F. Ivankovich
Enforcing U.S. Judgments In Canada: "Things Are Looking Up!", Ivan F. Ivankovich
Northwestern Journal of International Law & Business
Four years have now elapsed since the landmark decision in Morguard Investments Ltd. v. De Savoye,1 a case most recently described as "the most important decision on the conflict of laws ever rendered by the Supreme Court of Canada."2 The domestic impact of Morguard has been truly profound. It has been used by some courts to broaden the common law grounds for the recognition and enforcement of Canadian extraprovincial judgments3 and by others to mandate such recognition via the existence of an implicit "full faith and credit" doctrine in the Canadian Constitution. The result is that many more intra-Canadian judgments …
Strangers In A Strange Land: Foreign Compulsion And The Extraterritorial Application Of United States Employment Law, Michael A. Jr. Warner
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 …
Analyzing Claims Of Sovereignty In International Economic Disputes, Spencer Weber Waller, Alan M. Simon
Analyzing Claims Of Sovereignty In International Economic Disputes, Spencer Weber Waller, Alan M. Simon
Northwestern Journal of International Law & Business
The extraterritorial application of national laws has become a battle ground over the last forty years for both private parties and states, who are either seeking to enforce their laws or to protect their nationals and their own interests. The conflicts have been most intense over the application of economic regulation to international business conduct where the situs and the effects of the conduct may be quite difficult to locate within the borders of any single state. Often, the United States has sought to enforce its laws when conduct abroad by foreign nationals adversely affected its interests. The intention of …
Callejo V. Bancomer, S.A.: The Need For A Commercial Activity Exception To The Act Of State Doctrine, Bryan J. Blankfield
Callejo V. Bancomer, S.A.: The Need For A Commercial Activity Exception To The Act Of State Doctrine, Bryan J. Blankfield
Northwestern Journal of International Law & Business
The ability of the United States courts to adjudicate claims against foreign sovereigns is limited by the Foreign Sovereign Immunities Act of 1976 ("FSIA") and the act of state doctrine. In Dunhill, a plurality of the Court held that the "concept of an act of state should not be extended to include the repudiation of a purely commercial obligation. Recently, the Fifth Circuit in Callejo v. Bancomer, S.A. examined the plurality's commercial activity exception in Dunhill, yet declined to decide whether to adopt the exception with respect to the act of state doctrine. This Note analyzes the commercial activity exception …
Blocking And Clawing Back In The Name Of Public Policy: The United Kingdom's Protection Of Private Economic Interests Against Adverse Foreign Adjudications, Michael L. Novicoff
Blocking And Clawing Back In The Name Of Public Policy: The United Kingdom's Protection Of Private Economic Interests Against Adverse Foreign Adjudications, Michael L. Novicoff
Northwestern Journal of International Law & Business
Like their common law cousins, the courts of the United Kingdom have long claimed the authority to decline recognition to foreign sovereign acts which pose a threat to their nation's public policy. This Article surveys the British cases in which such discretion has been or might have been exercised, and it concludes that the doctrine is no longer applied in the very instances for which it was developed. Instead, it appears that the doctrine is, in its old age, used merely as a pretext for the advancement of British economic interests at the expense of international comity. A new model …
Establishing Locus Standi Under Article 173(2) Of The Eec Treaty, Edward J. Tabaczyk
Establishing Locus Standi Under Article 173(2) Of The Eec Treaty, Edward J. Tabaczyk
Northwestern Journal of International Law & Business
Article 173 of the Treaty of Rome allows natural and legal persons to obtain judicial review of certain legal acts of the Council or Commission of the European Economic Community (EEC Council or Commission). Specifically, Article 173(2) allows nonaddressees of a decision or a decision in the form of a regulation to petition the Court of Justice of the European Community (the European Court) for an annulment of the legal act on one of four grounds. Before an application for an annulment is admissible, however, the applicant must show that the legal act is of "direct and individual concern" to …
Equity And Amiralty: A Turbulet Path To Manifest Destiny, George P. Ii Smith
Equity And Amiralty: A Turbulet Path To Manifest Destiny, George P. Ii Smith
Northwestern Journal of International Law & Business
Effective in 1966, the Federal Rules of Civil Procedure were amended "to effect unification of the civil and admiralty procedure." With this amendement, the Advisory Committee intended that, "just as the 1938 rules abolished the distinction between actions at law and suits in equity, this change would abolish the distinction between civil actions and suits in admiralty." Thus, rule 1, defining the scope of the rules, now states, "These rules govern the procedure in the United States district courts in all suits of a civil nature whether cognizable as cases as law or in equity or in admiralty... They shall …
Extraterritoriality: A Candian Perspective, Allan E. Gotlieb
Extraterritoriality: A Candian Perspective, Allan E. Gotlieb
Northwestern Journal of International Law & Business
Extraterritoriality, or "ET" as it is known in the trade, has long been a controversial subject in international law. In recent years, several dramatic examples of its application have raised its profile considerably. Perhaps the most glamorous treatment of extraterritoriality is E.T., the recent fil abou the dilemmas an unusual creature faces when he finds himself trapped in a foreign jurisdiction.
Poyner V. Erma Werke Gmbh: The Long-Arm Statute As A Protectionist Device, Rhonda S. Liebman
Poyner V. Erma Werke Gmbh: The Long-Arm Statute As A Protectionist Device, Rhonda S. Liebman
Northwestern Journal of International Law & Business
Technological and economic progess have continually fostered the development of international trade. As greater quantities of international goods enter American markets, there is a greater potential that American consumers will bring actions against international manufacturers for injuries sustained from defective products. Consequently, state and federal courts must consider the constitutional restrictions involved in asserting personal jurisdiction over alien as well as foreign defendants. One hundred years ago, a state's jurisdictional power was virtually limited to its territorial boundaries. State and federal courts, however, began to abandon this restrictive jurisdictional approach as interstate commerce developed. In the seminal case, International Shoe …
The Court Of Justice Of The European Communities: The Scope Of Its Jurisidction And The Evolution Of Its Case Law Under The Eec Treaty, John Mackenzie Stuart
The Court Of Justice Of The European Communities: The Scope Of Its Jurisidction And The Evolution Of Its Case Law Under The Eec Treaty, John Mackenzie Stuart
Northwestern Journal of International Law & Business
The European Court of Justice, as the sole judicial institution of the European Communities, has evolved into a vigorous body asserting a strong cohesive influence upon the Member States through application of the principles asserted in the Communities' Treaties. In this article, Lord Mackenzie Stuart examines the jurisdiction of the Court in light of recent case law. In particular, Judge MacKenzie Stuart discusses doctrines of jurisdiction adopted by the Court and the application of these doctrines to recent developments involving free movement of goods and of persons within the Communities and other Treaty principles such as equal pay for men …
Disqualification Of Counsel: The Westinghouse Litigation, Anthony D'Amato
Disqualification Of Counsel: The Westinghouse Litigation, Anthony D'Amato
Faculty Working Papers
The motion to disqualify counsel is becoming increasingly important in pre-trial strategy. Discusses one case arising out of Westinghouse Electric Corporation's alleged breach of longterm uranium supply contracts, in which a disqualification motion was sustained against Westinghouse's counsel, Kirkland & Ellis.
Alcoa Steamship Co. V. M/V Nordic Regent: Narrowing The Scope Of Inquiry In Forum Non Conveniens, R. George Weitz
Alcoa Steamship Co. V. M/V Nordic Regent: Narrowing The Scope Of Inquiry In Forum Non Conveniens, R. George Weitz
Northwestern Journal of International Law & Business
Increases in the amount and complexity of international trade and changes in jurisdictional rules over the last thirty years have often resulted in American courts serving as forums for suits involving non-residents. Very often these suits are the result of transactions that have occurred abroad and may be governed by foreign law as well. Obvious difficulties confront a party compelled to defend in a foreign court. Problems such as unfamiliarity with the language or legal process, unavailability of witnesses, or expenses incurred in bringing evidence from another country have led foreign defendants to seek dismissal of suits on the grounds …
The Draft U.K./U.S. Judgments Convention: A British Viewpoint, P.M. North
The Draft U.K./U.S. Judgments Convention: A British Viewpoint, P.M. North
Northwestern Journal of International Law & Business
The United States and the United Kingdom are presently completing negotiations on an accord that will providefor the reciprocal recognition and enforcement of civil judgments. The negotiations have been the subject of considerable debate, the sharpest criticism being expressed by British exporters who fear that recognition of United States judgments in the United Kingdom will subject them to increased antitrust and products liability claims. Through an analysis of theproposed agreement against the existing statutory and common law rules, Commissioner North addresses these criticisms. He concludes that the additional burden of American judgments on English defendants created by the agreement does …
Reconciling National Interests In The Regulation Of International Business, Stanley J. Marcuss, Dale P. Butland
Reconciling National Interests In The Regulation Of International Business, Stanley J. Marcuss, Dale P. Butland
Northwestern Journal of International Law & Business
In an increasingly integrated world where political and economic issues are deeply intertwined, the regulation of international business activity raises complex problems in international law. The existence of the multinational corporation, which is possessed of multiple identities and therefore subject to the jurisdiction of both "home" nations, where it is headquartered, and "host" nations, where its subsidiaries are located, makes the potentiality of jurisdictional disputes among nations particularly acute. While attempts to apply United States law to American foreign subsidiaries virtually ensures conflicts among jurisdictions, excusing subsidiaries from compliance with domestic law could seriously undermine comprehensive regulatory activity. It could …
The Increasing Extraterritorial Impact Of U.S. Laws: A Cause For Concern Amongst Friends Of America, David Lord Hacking
The Increasing Extraterritorial Impact Of U.S. Laws: A Cause For Concern Amongst Friends Of America, David Lord Hacking
Northwestern Journal of International Law & Business
As students of international law know, there has been a long standing dispute between the United Kingdom and the United States over the doctrines of jurisdiction and sovereignty in the practice of international law. In two parts our nations do not quarrel. First, we agree that every nation has the right to exercise jurisdiction over its nationals and over non-nationals within its territory. Second, we agree that every nation has the right to exercise personal jurisdiction over its nationals residing abroad.