Modernizing Latin American Company Law: Creating An All-Purpose Vehicle For Closely Held Business Entities-The New Simplified Stock Corporation,
2011
Penn State Dickinson Law
Modernizing Latin American Company Law: Creating An All-Purpose Vehicle For Closely Held Business Entities-The New Simplified Stock Corporation, Francisco Reyes
Penn State International Law Review (1982 - 2011)
No abstract provided.
Volume 29 - Number 3: Table Of Contents,
2011
Penn State Dickinson Law
Volume 29 - Number 3: Table Of Contents
Penn State International Law Review (1982 - 2011)
No abstract provided.
International Sales Law-The Actual Practice,
2011
Penn State Dickinson Law
International Sales Law-The Actual Practice, Ingeborg Schwenzer, Christopher Kee
Penn State International Law Review (1982 - 2011)
No abstract provided.
China's Compliance With International Law: What Has Been Learned And The Gaps Remaining,
2011
University of Washington School of Law
China's Compliance With International Law: What Has Been Learned And The Gaps Remaining, Roda Mushkat
Washington International Law Journal
Chinese willingness and ability to play by the rules in the global arena is a critical issue that has long loomed large on the academic and policy agendas. A substantial body of knowledge has been built in the past two decades, shedding considerable light on key dimensions of the question. However, there is an apparent need to fine-tune the approach pursued thus far by seeking greater methodological robustness and better theoretical elucidation. Data collection procedures must be anchored more firmly in principles of scientific inquiry, providing a solid empirical foundation for reliable and valid generalizations, and single-cause explanations need to …
Beyond Culture Vs. Commerce: Decentralizing Cultural Protection To Promote Diversity Through Trade,
2011
Northwestern Pritzker School of Law
Beyond Culture Vs. Commerce: Decentralizing Cultural Protection To Promote Diversity Through Trade, Sean A. Pager
Northwestern Journal of International Law & Business
For the past three decades, culture defenders and free traders have fought a pitched battle over global regulation of audiovisual industries, a collision of seemingly incompatible worldviews whose destructive repercussions policy-makers and scholars have struggled to contain. The battle has played out at multiple levels of international trade law, investment treaties, and UNESCO conventions. Now, the culture-trade war threatens to engulf e-commerce. Fortunately, there is a better way. The extraordinary flowering of Korean popular culture in recent decades—commonly known as the "Korean Wave"—can be traced directly to a set of decentralized policies enacted by South Korea's government in the 1990s. …
The Trade Litigant's Gauntlet: The Hanging Judge And The Teflon Tribunal,
2011
Northwestern Pritzker School of Law
The Trade Litigant's Gauntlet: The Hanging Judge And The Teflon Tribunal, Jay Charles Campbell
Northwestern Journal of International Law & Business
The two U.S. agencies charged with conducting antidumping investigations may justifiably be labeled a "hanging judge" and a "Teflon tribunal." The Department of Commerce (DOC) investigates whether foreign firms have engaged in "dumping" exports to the United States. Since assuming responsibility for dumping investigations in 1980, the DOC has found that over 90% of the firms it investigated were "guilty." Such one-sided results subject far too many foreign firms to antidumping duty orders - which impair their ability to sell to the U.S. market - and send the wrong message to the United States' trading partners. Because the U.S. antidumping …
Establishing Claims For Damages, Costs And Interest In International Arbitration,
2011
High Court, London, England
Establishing Claims For Damages, Costs And Interest In International Arbitration, Sir Vivian Ramsey
American University International Law Review
No abstract provided.
Emergency Powers And The Feeling Of Backwardness In Latin American State Formation,
2011
American University Washington College of Law
Emergency Powers And The Feeling Of Backwardness In Latin American State Formation, Jorge Gonzalez-Jacome
American University International Law Review
No abstract provided.
The Liability Of Online Markets For Counterfeit Goods: A Comparative Analysis Of Secondary Trademark Infringement In The United States And Europe,
2011
Northwestern Pritzker School of Law
The Liability Of Online Markets For Counterfeit Goods: A Comparative Analysis Of Secondary Trademark Infringement In The United States And Europe, Kurt M. Saunders, Gerlinde Berger-Walliser
Northwestern Journal of International Law & Business
Online trademark infringement and counterfeiting is a growing problem for luxury brands. In recent years, trademark owners have taken aim at the operators of online marketplaces and auction websites, asserting that these defendants are liable for contributory infringement due to sales of counterfeit goods on their sites. In addressing the scope of secondary liability for trademark infringement, the courts of the United States and European nations, including France, Germany, and the United Kingdom, have applied differing standards and reached inconsistent results. This article considers the question of secondary liability for trademark infringement from a comparative perspective and contrasts the rationales …
Foreign Infrastructure Investment In Chile: The Success Of Public–Private Partnerships Through Concessions Contracts,
2011
Northwestern Pritzker School of Law
Foreign Infrastructure Investment In Chile: The Success Of Public–Private Partnerships Through Concessions Contracts, Andrew Hill
Northwestern Journal of International Law & Business
Developing countries often have infrastructure needs that far outpace their ability to finance and undertake such projects. The private sector can foster development and help governments meet their infrastructure demands through Public–Private Partnerships (PPPs). PPPs allow governments to shift risk to the private sector and tap into the expertise of profit-maximizing firms. However, governments still face substantial exposure when deals fail. Over the past fifteen years, Chile has had great success with PPPs—most notably through toll road concessions. This paper examines the characteristics of Chile’s PPP regime in order to pinpoint the factors that lead to successful private participation in …
Solving Global Financial Imbalances: A Plan For A World Financial Authority,
2011
Northwestern Pritzker School of Law
Solving Global Financial Imbalances: A Plan For A World Financial Authority, Carlos Mauricio S. Mirandola
Northwestern Journal of International Law & Business
This paper will propose a plan to reform international finance—the World Financial Authority (WFA) Plan. Under such a plan, the IMF and other existing international financial institutions would be reformed and coordinated around a newly created WFA. The WFA would have two core functions. The first function would be to manage international liquidity, thus reducing externalities arising from domestic monetary policies adopted by its members, and addressing global liquidity problems involving financial activities of transnational private banks. The second function would be to help countries make their domestic monetary policies more effective, thus regaining traction and preventing contagion. A central …
More Than Best Friends: Expansion Of Global Law Firms Into The Indian Legal Market,
2011
Northwestern Pritzker School of Law
More Than Best Friends: Expansion Of Global Law Firms Into The Indian Legal Market, Chris Vena
Northwestern Journal of International Law & Business
Over the past half century, there has been an accelerating trend towards liberalization in the legal services industry. International free trade agreements have sought to promote open markets for legal services. The United States, United Kingdom, many European countries, Australia, Japan, Russia, China, and Singapore have all opened their legal markets to foreign law firms. India is something of an anomaly in this regard. Although it has one of the world's largest economies and has benefited greatly from liberalization in many industries, India's legal industry remains closed. Competition for foreign capital with other developing nations, particularly China, makes this an …
Toward A Regulatory Model Of Internet Intermediary Liability: File-Sharing And Copyright Enforcement,
2011
Northwestern Pritzker School of Law
Toward A Regulatory Model Of Internet Intermediary Liability: File-Sharing And Copyright Enforcement, Christopher M. Swartout
Northwestern Journal of International Law & Business
One of the major problems presented by digital content and the internet has been the failure of traditional copyright enforcement mechanisms to adequately address infringement that takes place via online file-sharing. Recently, laws that would introduce a new copyright enforcement paradigm have been proposed in numerous countries and have received strong support from content industries seeking a more effective enforcement regime. These laws are often referred to as "graduated response" policies. Although there is some variation, graduated response laws typically impose requirements on Internet Service Providers (ISPs) to cooperate with rightsholders and government in policing illegal file-sharing. ISPs are required …
The Derivative Market’S Black Sheep: Regulation Of Non-Cleared Security-Based Swaps Under Dodd-Frank,
2011
Northwestern Pritzker School of Law
The Derivative Market’S Black Sheep: Regulation Of Non-Cleared Security-Based Swaps Under Dodd-Frank, Barry Le Vine
Northwestern Journal of International Law & Business
This paper seeks to comprehensively analyze the SEC's security-based swaps mandate and how it should regulate those non-cleared OTC derivatives within its regulatory ambit to promote market stability, protect counterparties, and reduce the incentives for cross-border regulatory arbitrage which leads to systemic risk creation. It argues that there are many legitimate and compelling reasons for entering into bespoke security-based swap transactions and that imposing collateral and margin requirements would only distort the economics of these trades. It further argues that the SEC should not be in the business of setting margin requirements, which would be an unprecedented move for the …
"You Say Nano, We Say No-No:" Getting A "Yes" Instead For Special Economic Zones In India,
2011
Northwestern Pritzker School of Law
"You Say Nano, We Say No-No:" Getting A "Yes" Instead For Special Economic Zones In India, Sumeet Jain
Northwestern Journal of International Law & Business
Special Economic Zones (SEZs) have the potential to be valuable in-struments of economic growth and development in India. Yet, as a result of the resistance facing them, SEZs in India have not delivered economic benefits to their fullest potential. For this reason, reducing the resistance facing SEZs is critical to their success. This article seeks to reduce this resistance by devising a consensus-building plan based on a regulatory negotiation approach. The ar-ticle first shows that the past and present resistance facing India’s economic zones is a product of the lack of public input in the design of their policy. It …
The Revolving Door Of Emigration: The Economic Influences Of Remittances In Developing Countries,
2011
Northwestern Pritzker School of Law
The Revolving Door Of Emigration: The Economic Influences Of Remittances In Developing Countries, Laura L. Norris
Northwestern Journal of International Law & Business
Economic incentives play an integral role in many individuals' choices to leave their country of origin. While a person may independently make the decision to migrate, some governments have developed extensive programs to promote the export of workers. Developing nations often initiate such programs for the purpose of acquiring additional sources of foreign exchange and external financing, as emigrants in transnational families can play a critical role in development through remittances. Remittances to developing countries totaled $325 billion in 2010, and they will likely continue to increase along with emigration. The following Comment considers the palpable contribution remittances have on …
Regulation Not Prohibition: The Comparative Case Against The Insurable Interest Doctrine,
2011
Northwestern Pritzker School of Law
Regulation Not Prohibition: The Comparative Case Against The Insurable Interest Doctrine, Sharo Michael Atmeh
Northwestern Journal of International Law & Business
American law requires an insurable interest—a pecuniary or affective stake in the subject of an insurance policy—as a predicate to properly obtaining insurance. In theory, the rule prevents both wagering on individual lives and moral hazard. In practice, the doctrine is avoided by complex insurance transaction structuring to effectuate both origination and transfers of insurance by individuals without an insurable interest. This paper argues that it is time to abandon the insurable interest doctrine. As both the English and Australian experiences indicate, elimination of the insurable interest doctrine will have little detrimental pecuniary effect on the insurance industry, while freeing …
An Analysis Of South Carolina's Incentives To The Boeing Company,
2011
University of South Carolina
An Analysis Of South Carolina's Incentives To The Boeing Company, Amanda S. Kuker
South Carolina Journal of International Law and Business
No abstract provided.
Canada And Investment Treaty Arbitration: Three Prominent Issues - Icsid Ratification, Constituent Subdivisions, And Health And Environmental Regulation,
2011
University of South Carolina
Canada And Investment Treaty Arbitration: Three Prominent Issues - Icsid Ratification, Constituent Subdivisions, And Health And Environmental Regulation, Barry Leon, Andrew Mcdougall, John Siwiec
South Carolina Journal of International Law and Business
No abstract provided.
Russia's Lack Of American-Style Agency Priciples: A Primary Cause Of Corporate Governance Problems Today,
2011
University of South Carolina
Russia's Lack Of American-Style Agency Priciples: A Primary Cause Of Corporate Governance Problems Today, C. Keith Marshall Jr.
South Carolina Journal of International Law and Business
No abstract provided.
