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Articles 1 - 30 of 76
Full-Text Articles in Entire DC Network
Nations And Markets, Harlan G. Cohen
Nations And Markets, Harlan G. Cohen
Scholarly Works
Economics and security seem increasingly intertwined. Citing national security, states subject foreign investments to new scrutiny, even unwinding mergers like the purchase of Grindr or the creation of TikTok. The provision of 5G has become a diplomatic battleground – Huawei at its center. Meanwhile, states invoke national security to excuse trade wars. The U.S. invoked the GATT national security exception to impose steel and aluminum tariffs, threatening more on automotive parts. Russia invoked that provision to justify its blockade of Ukraine, as did Saudi Arabia and the UAE to excuse theirs of Qatar. And with the spread of COVID-19, states …
...And Trade, Harlan G. Cohen
...And Trade, Harlan G. Cohen
Scholarly Works
This short essay, part of a symposium on Gregory Shaffer’s Retooling Trade Agreements for Social Inclusion, argues that the normal science of trade law lacks the tools to confront trade law’s greatest current challenges. Instead, breaking out of trade law’s two-step politics, with its division of “growing the pie” and distributing its slices, and responding to new challenges of climate change, the digital economy, and artificial intelligence will require a new politics built on and designed to build new shared narratives embodying new policy paradigms.
Never For-Gatt: What Recent Tbt Decisions Reveal About The Appellate Body’S Analysis Of Environmental Regulation Under The Wto Agreements, Ravi Soopramanien
Never For-Gatt: What Recent Tbt Decisions Reveal About The Appellate Body’S Analysis Of Environmental Regulation Under The Wto Agreements, Ravi Soopramanien
Sustainable Development Law & Policy
Few environmentalists have positive things to say on the impact of the World Trade Organization (WTO) on the environment. WTO legal obligations are frequently cited as the most significant impediment to a range of environmental initiatives, including notably meaningful international coordination to combat climate change, particularly through carbon tax initiatives, and imposition of electronic waste disposal export bans. In this vein, adverse findings of WTO dispute panels on environmental conservation measures tend to attract the ire of international civil society. The tensions between liberal trade and environmental protection can be traced back to the days of the General Agreement on …
Reliability Of Expert Evidence In International Disputes, Matthew W. Swinehart
Reliability Of Expert Evidence In International Disputes, Matthew W. Swinehart
Michigan Journal of International Law
Part I of this article traces the historical trends in the use of expert evidence in international disputes, from the scattered reliance on experts in the nineteenth and early twentieth centuries to the ubiquity of experts in modern disputes. With that perspective, Part II examines how decision makers have attempted to ensure reliability of the expert evidence that is flooding the evidentiary records of international disputes, while Part III outlines the many problems that still remain. Finally, Part IV proposes a non-exhaustive and nonbinding checklist of questions for analyzing the reliability of any type of expert evidence.
The Tbt Agreement’S Failure To Solve U.S. - Cool, Elinore R. Carroll
The Tbt Agreement’S Failure To Solve U.S. - Cool, Elinore R. Carroll
Georgia Journal of International & Comparative Law
No abstract provided.
Refining Statutory Interpretation: How Natural Gas Export Regulations Violate U.S. International Trade Obligations, Amanda L. Tharpe
Refining Statutory Interpretation: How Natural Gas Export Regulations Violate U.S. International Trade Obligations, Amanda L. Tharpe
Catholic University Law Review
As a member of the World Trade Organization (WTO), the United States is required to abide by nondiscriminatory trade policies when exporting products to other WTO members. Current U.S. policy regulating natural gas exports impose burdensome and lengthy licensing procedures on those requesting approval of a permit to export natural gas to countries with which the U.S. does not have a free trade agreement. A similar commodity, crude oil, is regulated by different regulations that allow for U.S. oil producers to freely export crude oil overseas. This Comment analyzes the differences in federal laws and regulations governing the export of …
Reaching For Environmental And Economic Harmony: Can Ttip Negotiations Bridge The U.S.-Eu Chemical Regulatory Gap?, Ashley Henson
Reaching For Environmental And Economic Harmony: Can Ttip Negotiations Bridge The U.S.-Eu Chemical Regulatory Gap?, Ashley Henson
Georgia Journal of International & Comparative Law
No abstract provided.
The United Nations Convention On The Recognition And Enforcement Of Foreign Arbitral Awards: The First Four Years, A. Jason Mirabito
The United Nations Convention On The Recognition And Enforcement Of Foreign Arbitral Awards: The First Four Years, A. Jason Mirabito
Georgia Journal of International & Comparative Law
No abstract provided.
Freedom Of Transit And The Right Of Access For Land-Locked States: The Evolution Of Principle And Law, A. Mpazi Sinjela
Freedom Of Transit And The Right Of Access For Land-Locked States: The Evolution Of Principle And Law, A. Mpazi Sinjela
Georgia Journal of International & Comparative Law
No abstract provided.
The Very Specialized United States Generalized System Of Preferences: An Examination Of Renewal Changes And Analysis Of Their Legal Effect, Gregory C. Dorris
The Very Specialized United States Generalized System Of Preferences: An Examination Of Renewal Changes And Analysis Of Their Legal Effect, Gregory C. Dorris
Georgia Journal of International & Comparative Law
No abstract provided.
Antidumping - Redefinition Of Confidentiality And Right Of Judicial Review - Institution Of A New Form Of Relief: Timex Corporation V. Council And Commission Of The European Communities, Carlton L. Kell
Georgia Journal of International & Comparative Law
No abstract provided.
International Trade - Free Trade Areas - Agreement On The Establishment Of A Free Trade Area Between The Government Of The United States Of America And The Government Of Israel, Roland J. Behm
Georgia Journal of International & Comparative Law
No abstract provided.
A Proposed Modification Of U.S. Import Relief Measures In The Context Of A U.S. - Canada Free Trade Agreement: Safeguard, Countervail, And Antidumping, Roland J. Behm
Georgia Journal of International & Comparative Law
No abstract provided.
Current Status Of The Uruguay Round, Mario Kakabadse
Current Status Of The Uruguay Round, Mario Kakabadse
Georgia Journal of International & Comparative Law
No abstract provided.
The Interaction Of Tax And Non-Tax Treaties, Robert A. Green
The Interaction Of Tax And Non-Tax Treaties, Robert A. Green
Robert A. Green
This background note consists of two parts. Part one provides an overview of the extent to which tax matters are currently covered in non-tax treaties. This discussion focuses on the general agreement on tariffs and trade (GATT)/World Trade Organization (WTO) agreement and the North American free trade agreement (NAFTA) (which cover direct tax measures only to a limited extent) and the European Community (EC) treaty (which covers direct tax measures more broadly). Part two outlines the issues raised when tax matters are covered in non-tax treaties.
Antilegalistic Approaches To Resolving Disputes Between Governments: A Comparison Of The International Tax And Trade Regimes, Robert A. Green
Antilegalistic Approaches To Resolving Disputes Between Governments: A Comparison Of The International Tax And Trade Regimes, Robert A. Green
Robert A. Green
No abstract provided.
A History Of Gatt Unfair Trade Remedy Law--Confusion Of Purposes, John J. Barceló Iii
A History Of Gatt Unfair Trade Remedy Law--Confusion Of Purposes, John J. Barceló Iii
John J. Barceló III
This paper presents an analytical history of anti-dumping and anti-subsidy law in GATT and its member countries. In recent years this body of ‘unfair trade remedy’ law has flourished in the western trading system. Important trading countries have adopted new or expanded anti-dumping and anti-subsidy laws and imposed trade-blocking remedies under them more frequently than ever before. I try to explain in this essay how and why these laws--which I view as protectionist--have prospered and become so rooted in GATT and its member countries.
Subsidies, Countervailing Duties And Antidumping After The Tokyo Round, John J. Barceló Iii
Subsidies, Countervailing Duties And Antidumping After The Tokyo Round, John J. Barceló Iii
John J. Barceló III
No abstract provided.
Canada And The United States: A Changing Relationship In A Changing World, Panel Discussion And Prognostications, John J. Barceló Iii
Canada And The United States: A Changing Relationship In A Changing World, Panel Discussion And Prognostications, John J. Barceló Iii
John J. Barceló III
No abstract provided.
Subsidies And Countervailing Duties--Analysis And A Proposal, John J. Barceló Iii
Subsidies And Countervailing Duties--Analysis And A Proposal, John J. Barceló Iii
John J. Barceló III
The author recommends a new scheme for regulating the use of government subsidies and countervailing duties in international trade, an area presently regulated by the General Agreement on Tariffs and Trade. He contends that these rules should be based to a large extent on principles of free trade and economic efficiency. In addition to setting out proposed regulations, the author analyzes the strength and weaknesses of free trade theory and of the present GATT rules regarding subsidies and countervailing duties.
Section 337 And The Gatt: A Necessary Protection Or An Unfair Trade Practice?, Nathan G. Knight Jr.
Section 337 And The Gatt: A Necessary Protection Or An Unfair Trade Practice?, Nathan G. Knight Jr.
Georgia Journal of International & Comparative Law
No abstract provided.
Changing Trends In The Content And Purpose Of Mexico's Intellectual Property Right Regime, Alan S. Gutterman
Changing Trends In The Content And Purpose Of Mexico's Intellectual Property Right Regime, Alan S. Gutterman
Georgia Journal of International & Comparative Law
No abstract provided.
Sex And Globalization, Berta E. Hernández-Truyol
Sex And Globalization, Berta E. Hernández-Truyol
Berta E. Hernández-Truyol
For some time now, I have focused on a mission to bring together the separate discourses of the human rights and trade fields -- certainly not to blend them, but to raise awareness of their myriad interconnections. Indeed, human rights and trade are interlocking pieces of the puzzle we call international law and cannot possibly remain sequestered in the "splendid isolation" in which they have existed since their inception as disciplines. In any study of globalization, especially if one endeavors to pursue its benefits for all persons, not just the elite around the world, one must be aware of and …
China's Human Rights Record Since Tiananmen 1989 And The Recent Mixed Response Of The United States, Daniel C. Turack
China's Human Rights Record Since Tiananmen 1989 And The Recent Mixed Response Of The United States, Daniel C. Turack
Georgia Journal of International & Comparative Law
No abstract provided.
International Trade - Possible Undermining Of U.S. Pesticide And Food Safety Laws By The Draft Text Of The Uruguay Round Of Gatt Negotiations, Beth Sanders
Georgia Journal of International & Comparative Law
No abstract provided.
Gatt/Wto Rules For Border Tax Adjustment And The Proposed European Directive Introducing A Tax On Carbon Dioxide Emissions And Energy, Christian Pitschas
Gatt/Wto Rules For Border Tax Adjustment And The Proposed European Directive Introducing A Tax On Carbon Dioxide Emissions And Energy, Christian Pitschas
Georgia Journal of International & Comparative Law
No abstract provided.
Environmental Unilateralism And The Wto/Gatt System, Ilona Cheyne
Environmental Unilateralism And The Wto/Gatt System, Ilona Cheyne
Georgia Journal of International & Comparative Law
No abstract provided.
The World Trade Organization And Its Interpretation Of The Article Xx Exceptions To The General Agreement Of Tariffs And Trade, In Light Of Recent Developments, Brandon L. Bowen
The World Trade Organization And Its Interpretation Of The Article Xx Exceptions To The General Agreement Of Tariffs And Trade, In Light Of Recent Developments, Brandon L. Bowen
Georgia Journal of International & Comparative Law
No abstract provided.
Extraterritorial Application Of The United States' Trade Embargo Against Cuba: The United Nations General Assembly's Call For An End To The U.S. Trade Embargo, Jerry W. Cain Jr.
Extraterritorial Application Of The United States' Trade Embargo Against Cuba: The United Nations General Assembly's Call For An End To The U.S. Trade Embargo, Jerry W. Cain Jr.
Georgia Journal of International & Comparative Law
No abstract provided.
The "Giant Sucking Sound" Revisited: A Blueprint To Prevent Pollution Havens By Extending Nafta's Unheralded "Eco-Dumping" Provisions To The New World Trade Organization, Joel L. Silverman
The "Giant Sucking Sound" Revisited: A Blueprint To Prevent Pollution Havens By Extending Nafta's Unheralded "Eco-Dumping" Provisions To The New World Trade Organization, Joel L. Silverman
Georgia Journal of International & Comparative Law
No abstract provided.