Northwestern Journal of International Law & Business

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

List of Papers (Total 145)

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 ...

Books Received

Securities Activities of Japanese Banks under the 1993 Japanese Financial System Reform

What is unique to the Japanese banking system is high specialization. In Japan, the banking industry is divided into many segments, including short-term banking, long-term banking, trust banking, retail banking, wholesale banking, small business banking, and international trade banking. In addition, Japan has many types of banking organizations, such as regular banks (Futsa Ginkd), ...

The Globalization of Stock Index Futures: A Summary of the Market and Regulatory Developments in Stock Index Futures and the Regulatory Hurdles which Exist for Foreign Stock Index Futures in the United States

The twelve-year history of stock index futures contracts has been marked by great success both in the United States and in many other countries. Two years after the product was introduced in 1982, the "notional," i.e., underlying, or dollar value of trading on the Chicago Mercantile Exchange (CME) S&P 500 Stock Price Index futures contract surpassed the dollar volume of trading at ...

Substantive Appraisal of Horizontal Mergers under EEC Regulation 4064/89: An Inquiry into the Commission's First Year Decisions

Rather, our purpose is to examine what criteria the Regulation prescribes for the substantive appraisal of mergers. We will not only scrutinize Article 2 of the Regulation and the different policies behind it, but we will also inquire into the Commission's decisions in order to find out how the Commission has applied the Regulation's substantive criteria to 'real live

The Utility of Bilateral Investment Treaties in the Formulation of Customary International Law

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 ...

Chinese Traditions Inimical to the Patent Law, The Symposium: Doing Business in China

These phenomena remind us of a common view that China's modernization of science and technology is "burdened by a number of constraints, primarily constraints in traditional culture and in the Marxist-Leninist one-party state." 5 More specifically, in discussing the patent law of the People's Republic of China (PRO), Beaumont claimed that the "two-fold problem in stimulating ...

"Now That I Ate the Sushi, Do We Have a Deal?"—The Lawyer as Negotiator in Japanese-U.S. Business Transactions

This article focuses on the role a lawyer may have in a transaction involving a Japanese client or party. It will encourage the attorney at early stages to look beyond the legal tasks to the underlying reasons for the transaction. In other words, it encourages the attorney to ask questions and obtain information that ordinarily may not be considered critical to the purely legal ...

1992: The Case of Financial Services

By the end of 1992 the European Community (EC) intends to create a single internal market in goods, services, labor and capital. Of all the internal markets to be created by the end of 1992, the single internal market in financial services may be the most interesting. This paper considers three aspects of the single market in financial services: regulatory harmonization as a ...

Non-Lawyers in International Commercial Arbitration: Gathering Splinters on the Bench

In light of the frequent appearance of arbitration clauses in international contracts, and the volume of litigation handled in this manner, international commercial arbitration

Strangers in a Strange Land: Foreign Compulsion and the Extraterritorial Application of United States Employment Law

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 ...

Chan v. Korean Air Lines, Ltd.: Skirting the Legislative History of the Warsaw Convention

On September 1, 1983, over the Sea of Japan, a Soviet Union military aircraft destroyed a Korean Air Lines Boeing 747 en route from Kennedy Airport in New York to Seoul, South Korea. All 269 persons on board the plane were killed. The Warsaw Convention ("Convention"), a multilateral treaty governing the international carriage of passengers, baggage, and cargo by air, provides a per ...

Court of First Instance of the European Communities

The Court of Justice of the European Communities ("Court of Justice") deals with questions arising under the Treaties establishing the European Economic, the European Coal and Steel, and the European Atomic Energy Communities (collectively the "Treaties"). In 1962, its law reports ran to 512 pages, already double the number in 1959. In 1985, they comprised 4,050 pages. In 1962, 62 ...

Competition of Competition Laws

The situation is succinctly described by Professor Rahl. There are indeed inconsistencies in competition policy, law, and enforcement. One cartel, tolerated or even endorsed by the exporting state, may fall subject to the verdict of the competition law of the importing state. States do not seem to remember that they adopted the resolution containing the Code on Restrictive Business ...

A Tribute to Professor James A. Rahl

Many leading American and European lawyers and professors have wished to pay tribute to James A. Rahl-itself ample testimony to his fame in the field of business regulation.

Exchange Losses from International Electronic Funds Transfers: Time to Unify the Law

This Comment is divided into four parts. Section II briefly characterizes the nature of the foreign exchange loss problem in EFTs.24 Section III broadly reviews the current law respecting exchange losses and discusses the increased complexity of the exchange loss problem due to the introduction of message-switching and clearinghouse intermediaries in EFTs.25 Section IV reviews and ...

Unification and Community: A Rhetorical Analysis of the United Nations Sales Convention Symposium: Reflections on the International Unfication of Sales Law

In evaluating the constitutive nature of language and of particular texts, rhetorical analysis focuses attention on the nature of the community formed by a text, on its points of coherence and on its potential vulnerabilities. By emphasizing the importance of author, audience, language, and the occasions for discourse, rhetoric provides a way to explore the constitutive power of a ...

Controlling Diversion: How Can we Convert the Toshiba-Kongsberg Controversy into a Victory for the West

Since the revelations last year that a Toshiba Corporation subsidiary illegally sold the Soviet Union tools to make superquiet submarine propellers, the United States government has struggled to develop an appropriate response for punishing the Japanese company. Unfortunately, the proposals advanced by the United States have not been directed at using this episode to advance ...

American Lamb Company v. United States: Application of the Reasonable Indication Standard

The utilization of non-tariff barriers in international trade has taken on significant importance in protecting United States industries from unfair trading practices by foreign competitors. Non-tariff barriers such as antidumping and countervailing duty measures are designed to regulate "unfair methods of competition and unfair acts" by foreign concerns. The regulations ...

The Status of United States International Taxation: Another Fine Mess We've Gotten Ourselves Into

United States international tax policy in the 1980s and beyond, where are we going and why? The federal income tax has arguably taken a consistent approach to basic international issues since its inception. To this allegedly well balanced compromise between theory and practicality, an increasingly complex maze of rules has been added without much direction. The result is chaos with ...