Northwestern Journal of International Law & Business

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

List of Papers (Total 876)

The Circumvention of UEFA's Financial Fair Play Rules Through the Influx of Foreign Investments

European football is undergoing rapid changes spurred on by enormous investments from around the globe. Although regulations exist to curtail teams buying their way to success, foreign investors have become ingenious at circumventing Financial Fair Play rules. The European football governing body needs to reevaluate existing rules and strengthen them by looking to outside...

The Tipping Point – Reevaluating the ASNEF-EQUIFAX Separation of Competition of Data Privacy Law in the Wake of the 2017 Equifax Data Breach

Contrary to the Court of Justice for the European Union’s decision in the Asnef-Equifax case, in a world of big data, it is inefficient and ineffective to treat EU competition law and EU data protection law as entirely separate legal considerations. Reevaluating this stance is critical in sectors where customer data is highly sensitive, and therefore highly valuable to those who...

Mending the Wound or Pulling It Apart? New Proposals for International Investment Courts and Fragmentation of International Investment Law

Robust discussions on standing investment courts are currently taking place at various fora. In particular, negotiations to include bilateral investment courts in IIAs are in full swing and leading to the creation of such courts. On the other hand, negotiation for a multilateral investment court has yet to start. Even if negotiation begins, it is not clear how long it will take...

A “Silk Road” for Capital: Trade Policy and Foreign Investment Laws of China’s Neighbors

This article presents a comparative study of the foreign investment laws and treaties of two of China's neighbors, Pakistan and Mongolia. As China moves forward in implementing a "One Belt, One Road" policy of major investments in trans-national infrastructure projects, leaders of neighboring countries including the two discussed here have demonstrated eagerness for its plans...

Collective Action Clauses as a Solution to Holdouts in Puerto Rico’s Unique Debt Crisis: Lessons Learned from Argentina

On June 30, 2016, in a controversial and bipartisan effort, the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA) was signed into law to address the Commonwealth of Puerto Rico’s fiscal crisis. At the time, Puerto Rico’s government and its agencies had $72 billion in debt. However, Puerto Rico’s status as a U.S. territory disqualified the island from filing...

Contractual Joint Ventures in International Investment Arbitration

Contractual joint ventures, sometimes also called as "consortiums", where several participants, without creating a new entity, unite their personal efforts and material resources with a view of achieving a certain common goal, remain a popular organizational form of large-scale international investment projects all over the World. In view of significant amount of their...

Poor States or Poor Governance? Explaining Outcomes in Investment Treaty Arbitration

Is investment treaty arbitration (ITA) tarnished by a bias against developing states? The international investment regime relies heavily on arbitration for the enforcement of its substantive rules but critique has risen as the number of foreign investor claims have stacked up in recent years. Current empirical research is ambiguous in its evaluation of ITA outcomes, but an...

A Comparative Study of the European Stability Mechanism with the Troubled Asset Relief Program of the United States

This article presents a comparative study of the Troubled Asset Relief Program (TARP), established by the U.S. Treasury during the 2008 financial crisis, and the European Stability Mechanism (ESM), a permanent bail-out fund established by the European Union (EU) in 2012. The article begins by introducing the European Union and the Sovereign Debt Crisis briefly, and discusses TARP...

The New Chinese Foreign Investment Law and Its Implication on Foreign Investors

A major change in the regulation of foreign investment in China is underway. In 2015, the Ministry of Commerce issued the Draft Foreign Investment Law for public comment. If adopted, the new foreign investment law will replace the regulatory structure that has guided foreign investment in China for decades. The new law aims to further open the Chinese market and simplify the...

What Conflict Minerals Rules Tell Us about the Legal Transplantation of Corporate Social Responsibility Standards without the State: From the United Nations to the United States to Taiwan

To resolve global political and scholarly concerns over conflict minerals (“CM”) produced in the Democratic Republic of the Congo and neighboring regions, two kinds of CM-related disclosure rules (or “CM rules”) come into play in regulating their use: government-mandated laws such as Section 1502 of the Dodd-Frank Act in the United States (hereinafter “Sec. 1502”) and...

Transforming Corporate Governance in Chinese Corporations: A Journey, Not a Destination

The article offers a systemic, historical, and rigorous study of the transformation of Chinese corporate governance, focusing on its development from a totally administrative model, being one which relies on government and administrative power and imposes on corporations’ controllers administrative duties and objectives, to a hybrid model which has both administrative and...

In Light of China’s New Film Industry Promotion Law: Implications For Cross-Border Transactions between China and the U.S. in the Film Industry

After several years of rapid growth, the Chinese box market saw a sharp decline in revenue in 2016. One major factor was the mismatch between demand and supply in what would attract the audience and the movies actually brought to them. Large film studio failed to develop the potential market of migrant workers and rural farmers because of their detachment to their lives and...

IFRS & GAAP: Reconciling Differences Between Accounting Systems and Assessing the Proposed Changes to the IFRS Constitution

The article begins by looking at the differences and similarities between different accounting systems, namely IFRS and GAAP. After this, the article moves on to talk about why it may be beneficial to the international investment community to have a singular account system as opposed to multiple different systems that have small, but weighty and significant differences. From here...