Northwestern Journal of International Law & Business

http://scholarlycommons.law.northwestern.edu/njilb/

List of Papers (Total 142)

The Political Economy of International Standard Setting in Financial Reporting: How the United States Led the Adoption of IFRS Across the World

Abstract: Historically, every country had its own accounting standards, each merging to some extent with its local corporate, labor, and tax laws. No matter how undesirable, it was natural to expect differences among nations. Globalization made these differences so impractical that from corporate leaders to accountants to government officials, many pushed for harmonized accounting ...

Reassessing The Trade–Development Nexus In International Economic Law: The Paradigm Shift In Asia-Pacific Regionalism

Abstract: This article reassesses the trade–development nexus in international economic law and provides the first examination of the approach to realize the United Nations Sustainable Development Goals through regional integration. It argues that the emerging New Regional Economic Order in the multipolar system will fortify the coalition of developing countries in structuring the ...

The “Princelings” and the Banks: When Does a Legitimate Business Practice Become Criminal Corruption in Violation of the Foreign Corrupt Practices Act?

The Foreign Corrupt Practices Act (FCPA) prohibits the bribery of foreign public officials. When does hiring a relative of a foreign official cross the line into criminal activity in violation of the Act? We suggest that there should not be an absolute prohibition on hiring qualified relatives of foreign officials. Rather, there must be clear safeguards to prevent quid pro quo ...

Collective Action Clauses & Corporate Bond Spreads: Evidence from Chile

The use of collective action clauses (CACs) in public bonds has received significant attention in academic and policy circles in recent years. While the existing literature suggests that market participants in sovereign and corporate bond markets often opt to include CACs when allowed under the applicable governing law, whether CACs create or destroy economic value is an open ...

The Harmonizing Directive of Section 1508: Foreign Case Law’s Role in Interpreting Chapter 15 of the U.S. Bankruptcy Code

The number of insolvency cases with cross-border aspects continues to rise. In many of these cases, a country’s adoption of the UNCITRAL Model Law on Cross-Border Insolvency governs. The United States adopted the Model Law into federal statute through Chapter 15 of the U.S. Bankruptcy Code. Section 1508 of the Bankruptcy Code requires U.S. courts to consider the international ...

The Migration of Constitutional Ideas to Regional and International Economic Law: The Case of Proportionality

The adjudication of regional and international economic disputes has become the final frontier in the migration of constitutional ideas. The migration of these ideas across different branches of law has become increasingly common, building bridges between different legal systems, furthering judicial dialogue, and allowing judicial borrowing. Scholars, adjudicators and practitioners ...

When Baby Steps Just Won't Work: Small Farmers Are Our Best Hope Reducing Food Insecurity and We Are Not Doing Enough

The concept of “baby steps” is well-known among psychologists and movie buffs alike. In the classic movie “What About Bob,” Dr. Leo Marvin (played by Richard Dreyfuss) gives to Bob (Bill Murray), a highly dependent and worried individual, a copy of his book Baby Steps. Dr. Marvin explains, “It means setting small, reasonable goals for yourself. One day at a time, one tiny step at a ...

An International Organization’s Identity Crisis

The ontological status of international organizations remains largely nebulous despite their contemporary prominence. Traditional international relations theories regard international organizations (IOs) as instruments primarily created to serve powerful states’ interests (neorealism) or to facilitate interstate cooperation on certain regulatory areas (neoliberal institutionalism). ...

Chinaʼs Indigenous Innovation Policies and the World Trade Organization

China’s Indigenous Innovation Policies are a web of policies, regulations, and strategies that are designed to develop an indigenous capacity to create innovation and advanced technology as part of China’s larger strategy to ascend to the top ranks of the world’s industrialized nations. As part of these policies, China has implemented rules related to government procurement, i.e. ...