Digital Commons Network^™

The President, The Environment, And Foreign Policy: The Globalization Of Environmental Politics, David A. Wirth

David A. Wirth

By comparison with domestic environmental issues, international environmental diplomacy is distinguished by the far greater role of the Executive Branch, and in particular the President, in making law. This essay explores the legal consequences of the President's dual role in international environmental diplomacy: his duty faithfully to execute statutory mandates adopted by Congress while also serving as the Nation's chief diplomat and negotiator of international agreements with foreign powers. The piece discusses the legal and policy dynamics surrounding two concrete examples affecting domestic and international environmental policy, in which Presidential power assumes dramatically different forms: (1) climate change, and in …

The ‘Fair’ Trade Law Of Nations, Or A ‘Fair’ Global Law Of Economic Relations?, Frank J. Garcia

Frank J. Garcia

No abstract provided.

The Integration Of Smaller Economies Into The Ftaa, Frank J. Garcia

Frank J. Garcia

No abstract provided.

Nafta And The Creation Of The Ftaa: A Critique Of Piecemeal Accession, Frank J. Garcia

Frank J. Garcia

No abstract provided.

Protection Of Intellectual Property Rights In The North American Free Trade Agreement: A Successful Case Of Regional Trade Regulation, Frank J. Garcia

Frank J. Garcia

No abstract provided.

"Americas Agreements" - An Interim Stage In Building The Free Trade Area Of The Americas, Frank J. Garcia

Frank J. Garcia

No abstract provided.

Nafta And The U.S.-Mexican Trucking Dispute, Robert J. Carbaugh

All Faculty Scholarship for the College of Business

Although the charter of the North American Free Trade Agreement established a schedule that would have opened the border states of the United States to competition from Mexican trucking companies in 1995, and all of the United States to this competition in 2000, the full implementation of these provisions has been delayed due to concerns about the safety of Mexican trucks and drivers. This delay has resulted in much frustration for Mexico, which, in 2009 implemented retaliatory tariffs on products imported from the United States. In March, 2011 the two countries unveiled a deal to resolve this dispute which could …

The North American Free Trade Agreemetn: Looking At The Binational Panel System Through The Lens Of Free Enterpresie Fund, John J. Garman, Matthew K. Bell

Richmond Journal of Global Law & Business

This paper examines the constitutionality of the binational panels of the North American Free Trade Agreement (“NAFTA”) under the United States Constitution. Part I provides an overview of the binational panel process. Part II outlines the process for challenging the constitutionality of binational panels and the obstacles that must be overcome. Part III discusses possible violations of the Due Process Clause. Part IV analyzes the constitutionality of binational panels under Article II of the United States Constitution. Part V examines the constitutional implications of Article III with respect to the absence of judicial review. Part VI is a case-by-case analysis …

Effects Of Free Trade Areas In Trade Promotion: Gravity Model Approach, Mona Jit Mui Lim

Dissertations and Theses Collection (Open Access)

Since the early 1990s, the world has seen a proliferation of Free Trade Agreements (FTAs). One of the key objectives of FTAs is to expand trade between or amongst its signatories. This study explores the intra-FTA and extra-FTA trade expansion capability of 3 types of FTA: North-North FTA (European Union (EU)-15 as a representative), North-South FTA (North America Free Trade Agreement (NAFTA) as a representative) and South-South FTA (Association of Southeast Asia Nations (ASEAN ) Free Trade Agreement (AFTA) as a representative). The study made an attempt to address the spread of such FTA-led trade expansion amongst the members and …

Managing The Rule Of Law In The Americas: An Empirical Portrait Of The Effects Of 15 Years Of Wto, Mercosul, And Nafta Dispute Resolution On Civil Society In Latin America, Stephen Joseph Powell, Ludmila Mendonça Lopes Ribeiro

Stephen Joseph Powell

The objective of this article is to analyze the effect of World Trade Organization (WTO), Common Market of the South (MERCOSUL), and North American Free Trade Agreement (NAFTA) disputes involving Latin American (LA) countries on perfection of the rule of law by LA governments.

Specifically, we examine the extent to which dispute settlement facilitates the strengthening by LA governments of human rights for their civil societies. Professor Powell previously has noted that trade and human rights are inextricably linked because trade rules weaken the ability of governments to promote sustainable development, to alleviate the widening gap between rich and poor, …