Northwestern Journal of International Law & Business

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

List of Papers (Total 139)

Global Diseases, Global Patents and Differential Treatment in WTO Law: Criteria for Suspending Patent Obligations in Developing Countries

Special and differential treatment of members is a controversial subject at the World Trade Organization ("WTO") and nowhere is the debate more pronounced than in the context of life-saving medicines and patent protection. However, concerns have been raised in WTO negotiations regarding how to ensure that special and differential treatment targets developing countries

Combinations, Concerted Practices and Cartels: Adopting the Concept of Conspiracy in European Community Competition Law Symposium on European Competition Law

This article charts the progress of, and the vicissitudes faced by, the incorporation into the European Community legal order of the peculiarly common law concept of conspiracy as the vehicle not only for analytical purposes, by characterizing full-blown cartels as "agreements" in the sense of Article 81 of the EC Treaty, but also to resolve the multiplicity of evidential issues ...

European Community Compulsory Licensing Policy: Heresy versus Commen Sense Symposium on European Competition Law

There is a growing trend to limit the rights of intellectual property owners when the public interest warrants. Until very recently, this phenomenon has been manifested only at a transnational level.1 For example, the World Trade Organization, as recently as November 2001, in its Doha Agreement ("Doha"),2 enabled certain nations of the Asian and African subcontinents to obtain ...

The State of E.C. Competition Law: Fiften Years Ago and Today, The Symposium on European Competition Law

The European Commission is achieving ever greater rationalization and efficiencies in the field of merger control, thereby maximizing commercial benefits while minimizing regulatory hurdles. The Commission appears to be on a completely different track when it comes to non-merger arrangements, such as strategic alliances, distribution agreements, technology licenses, joint selling ...

The Costs and Legal Implications Facing Implementation of the European Union's Droit de Suite Directive in the United Kingdom

In 2001, the European Union passed a directive requiring member countries to implement a droit de suite on the resale of art. A droit de suite is a resale royalty created to benefit visual artists. The purpose of the droit de suite is to allow artists to profit off of their growing reputations; for example, a starving artist who has sold a work for a pittance may profit (or his ...

The Interpretive Turn in International Sales Law: An Analysis of Fiften Years of CISG Jurisprudence

The United Nations Convention on Contracts for the International Sale of Goods ("CISG") was adopted on April 11, 1980, under the auspices of the United Nations Commission on International Trade Law ("UNCITRAL"). The focus of this article is not whether the CISG mandates or should mandate absolute uniformity of application. The literature on this subject is quite extensive.15 ...

A Road Map for Corporate Governance in East Asia

Much has transpired since the inadequacies of corporate governance practices in East Asia were glaringly exposed by the Asian financial crisis. The crisis brought to the foreground numerous deficiencies, which had common roots in excessive over-leverage as well as the lack of transparency, disclosure and accountability. These issues have been explicitly recognized with the release ...

Should China Provide Intellectual Property Protection for Genetically Modified Animals?

The advent of recombinant genetic engineering techniques has revolutionized biotechnology. The biomedicine and biotechnology industries have extensively employed these techniques to improve the quality of agricultural crops and livestock and to create genetically modified organisms ("GMOs") in order to produce drugs. Since as much as twenty-five percent of the world's intellectual ...

Crackdown on Money Laundering: A Comparative Analysis of the Feasibility and Effectiveness of Domestic and Multilateral Policy Reforms

This is a uniquely opportune time for anti-money laundering initiatives and policy reform to occur. Since the terrorist attacks in the United States in September, 2001, security agencies throughout the world have rushed to follow leads that may prove that Osama bin Laden financed the attack with massive amounts of laundered money. Greater awareness of the harmful effects of money ...

The Protection of Test and Other Data Required by Article 39.3 of the TRIPS Agreement

This article provides a comprehensive analysis of the origins, purpose and scope of protection for test and other data required by TRIPS Article 39.3. Through this analysis, which looks to the ordinary meaning of the provision in proper context in the same manner as would a WTO dispute settlement panel or the WTO Appellate Body, we conclude that Article 39.3 provides protection ...

Creating a Market for Justice; a Market Incentive Solution to Regulating the Playing Field: Judicial Deference, Judicial Review, Due Process, and Fair Play in Online Consumer Arbitration

Swindlers, purveyors of substandard products or services, and honest traders unable to perform their agreements can access the global market as easily as legitimate and capable businesses. The impersonal nature of e-commerce makes it more difficult for traders to discern a merchant or transaction that will not satisfy their expectations. This article analyzes procedural due process ...

Hedge Funds, Hot Markets and the High Net Worth Investor: A Case for Greater Protection

shares; that, if proprietary exchanges are allowed to act as regulators, they should be subject to some constraints as to how they perform this function; and that, contrary to the ordinary case where we have reason to believe that markets discipline firms, a vigorous market for control of exchanges could have harmful effects. The concern that underlies these conclusions is a ...

Getting from Salbu to the Tipping Point: The Role of Corporate Action within a Portfolio of Anti-Corruption Strategies

Salbu's "big questions" identify core issues for scholars on bribery and corruption. Salbu asks: (1) when may it be ethical to pay a bribe, (2) whether the Foreign Corrupt Practices Act's ("FCPA") provisions on "routine government action" permit us to distinguish between appropriate and inappropriate facilitative payments, (3) whether non-governmental organizations ("NGOs") should ...

Afterword: Antitrust and American Business Abroad Revisited

Kingman Brewster's exceptionally influential Antitrust and American Business Abroad (1958) came to symbolize an era in antitrust law and in the relationship of U.S. business to international economic activity. It gave conceptual contours to a fundamental problem that had been only dimly perceived before -- namely, the need to define the reach of U.S. antitrust law.

Dangerous Territoriality of American Securities Law: A Proposal for an Integrated Global Securities Market, The

Market participants, academicians, and governmental officials debated how the United States government should structure multiple securities exchanges for several years before Congress mandated the establishment of the National Market System in the 1975 Amendments to the Securities Exchange Act of 1934. During the intervening twenty-five years, recurring issues concerning the ...

The Parameters of the Attorney-Client Privilege for In-House Counsel at the International Level: Protecting the Company's Confidential Information

The gaps in the privilege at the international level present a major problem for general counsel. In the worst case scenario, the company's own legal opinions could be used against it by a foreign tribunal. To reduce this risk, general counsel at multinationals should become familiar with the parameters of the attorney-client privilege at the international level and use this ...

Spoiling the Surprise: Constraints Facing Random Regulatory Inspections in Japan and the United States

This Article is organized as follows. Part I presents a rational actor model of legal compliance under an enforcement regime based on random inspections and identifies two classes of reforms that can be applied in combination to improve aggregate compliance. Part II introduces the problem of corrupt tip-offs into the model and argues that exogenous reforms are necessary to combat ...

The CISG Convention and Thomas Franck's Theory of Legitimacy

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 ...

Assessing APEC's Role in Economic Integration in the Asia-Pacific Region

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, ...

Accountability and International Lawmaking: Rules, Rents and Legitimacy

The domain of legal rules laid down by international bodies has grown enormously. Laws that have an international source influence a far larger portion of the world's commerce today than they did sixty or even twenty years ago. The enhanced significance and conse- quences of these laws raises an important question: What safeguards do we employ to increase the chances that they will ...

Defending SEC and DOJ FCPA Investigations and Conducting Related Corporate Internal Investigations: The Triton Energy/Indonesia SEC Consent Decree Settlements

This article will summarize the foreign bribery/corrupt foreign pay- ments provisions of the FCPA, briefly survey the related books and records and internal accounting controls provisions, analyze available defenses to civil and criminal FCPA charges, and explore sensitive substantive and strategic issues that arise in the defense of SEC and DOJ/grand jury investi- gations and in ...

Why has the FCPA Prospered

The international reaction to the Helms-Burton Act has been fierce.7 But even while the Helms-Burton debate has been raging, an earlier iece of U.S. legislation, the Foreign Corrupt Practices Act (FCPA or Act), has garnered unexpected flattery from some of the same countries that have been so vigorous in denouncing the Helms-Burton Act. There are two pos- sible explanations for ...

Through a Glass Darkly: The Case against Pilkington plc. under the New U.S. Department of Justice International Enforcement Policy

An inquiry into subject matter jurisdiction under the 1995 Guidelines and in U.S. v. Pilkington, plc. requires a brief examination of the history of extraterritorial enforcement policy since the mid-1970s. This is set forth in section II. Next, in section III, the comment analyzes the ebb and flow of judicial approaches to U.S. antitrust subject matter jurisdiction, focusing on the ...

Worms, Mice, Cows and Pigs: The Importance of Animal Patents in Developing Countries

Transgenic animals play a large role in several critical industries: the pharmaceutical industry, the agricultural industry, farming, and medical research. As these biotechnology-oriented industries have grown, the United States and other industrialized nations have realized the importance of patent protection for genetically-engineered animals. Unfortunately, lesser-developed ...

Rx: Just What the Doctor Ordered: International Standards for Medical Devices

This Comment demonstrates why the FDA should amend its medical device regulations to emulate those of the European Community. There are two major benefits of a single set of international standards. First, a single set of international standards assures safe medical devices both in the United States and on the international market. Second, the United States will have a greater ...