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Articles 31 - 60 of 97
Full-Text Articles in Entire DC Network
A Tribute To Professor John Jackson, Thomas Cottier
A Tribute To Professor John Jackson, Thomas Cottier
Michigan Journal of International Law
A Tribute to John H. Jackson
"International Financial Law," An Increasingly Important Component Of "International Economic Law": A Tribute To Professor John H. Jackson, Joseph J. Norton
"International Financial Law," An Increasingly Important Component Of "International Economic Law": A Tribute To Professor John H. Jackson, Joseph J. Norton
Michigan Journal of International Law
A Tribute to John H. Jackson
John Jackson And The Founding Of The World Trade Organization: Empiricism, Theory And Institutional Imagination, Joel P. Trachtman
John Jackson And The Founding Of The World Trade Organization: Empiricism, Theory And Institutional Imagination, Joel P. Trachtman
Michigan Journal of International Law
A Tribute to John H. Jackson
Clearly Canadian: Public Participation In Canadian Unfair Trade Action, Chios Carmody
Clearly Canadian: Public Participation In Canadian Unfair Trade Action, Chios Carmody
Law Publications
The Canadian Council on International Law was founded in 1972 to represent Canadian international law practitioners and academics and to facilitate and promote the study of international legal problems by scholars and professionals. These conference proceedings comprise a collection of essays written by leading academics and practitioners on the subject of how international law affects Canadian domestic law. A wide range of domestic law areas are covered, including environmental law, international trade law, constitutional law, international treaties, and the treatment of women in relation to immigration and refugee law. This work will be of value to Canadian scholars and practitioners, …
National Incentives To Protect Natural Resources: Preserving Their Place In International Trade, Paul S. Kibel
National Incentives To Protect Natural Resources: Preserving Their Place In International Trade, Paul S. Kibel
Publications
This Dialogue attempts to place the conflict between the principles of negative externalities and comparative advantage in a less theoretical context. To that end, the author examines the relationship between national incentives to protect natural resources and international trade rules that seek to restrict the use of natural resource subsidies. The author further evaluates the extent to which the international trade rules account for the problem of negative externalities, and the extent to which the rules recognize the potentially effective role that national incentive programs can play in correcting market failures. From this evaluation, the author concludes that the legitimacy …
Fifty Years Of Disability Law: The Relevance Of The Universal Declaration, Charles D. Siegal
Fifty Years Of Disability Law: The Relevance Of The Universal Declaration, Charles D. Siegal
ILSA Journal of International & Comparative Law
This discussion is about the relevance of the Universal Declaration to disability rights law. There has been a good deal of discussion historically about the status of the Declaration.
The Importance Of The Universal Declaration Of Human Rights In The Past And Future Of The United Nation's Human Rights Efforts, Elsa Stamatopoulou
The Importance Of The Universal Declaration Of Human Rights In The Past And Future Of The United Nation's Human Rights Efforts, Elsa Stamatopoulou
ILSA Journal of International & Comparative Law
After fifty years since the adoption of the Universal Declaration of Human Rights [hereinafter UDHR] it is legitimate to ask whether the UDHR is at the root of all the positive international action in the last five decades.
Anti-Piracy Law In The Year Of The Ocean: Problems And Opportunity, Samuel Pyeatt Menefee
Anti-Piracy Law In The Year Of The Ocean: Problems And Opportunity, Samuel Pyeatt Menefee
ILSA Journal of International & Comparative Law
This is an appropriate, if perhaps unexpected, coda to a centennium which feathured [irate expert Philip Gosse's optimistic assertion that "[t]he end of piracy, after centuries, was brought about by public feeling, backed up by the steam-engine and telegraph."
Exchange Rate Systems In The Transition Economies Of Central And East European & Former Soviet Union, Joseph Pelzman
Exchange Rate Systems In The Transition Economies Of Central And East European & Former Soviet Union, Joseph Pelzman
Joseph Pelzman
No abstract provided.
Regulation Of The International Transport Of Packaged Dangerous Goods: The Case For Legislative Integration In A World Convention, Mirsada Stasevic
Regulation Of The International Transport Of Packaged Dangerous Goods: The Case For Legislative Integration In A World Convention, Mirsada Stasevic
LLM Theses
The multimodal transport of dangerous goods is a high risk enterprise for the participants, the public, and public and private property. This study examines the lack of congruency of safety and environmental protection rules which govern the international transport of dangerous goods, along with the concurrent progressive efforts of the international community to ensure global and inter-modal harmonization of these rules. It discusses their inadequacy and proposes a solution. The analysis of the existing rules, fragmented along modal and geographical fines, shows that they do not sufficiently introduce the safety, environmental protection and liability considerations into the legal regime governing …
Global Trends In Privacy Protection: An International Survey Of Privacy, Data Protection, And Surveillance Laws And Developments, 18 J. Marshall J. Computer & Info. L. 1 (1999), David Banisar, Simon Davies
Global Trends In Privacy Protection: An International Survey Of Privacy, Data Protection, And Surveillance Laws And Developments, 18 J. Marshall J. Computer & Info. L. 1 (1999), David Banisar, Simon Davies
UIC John Marshall Journal of Information Technology & Privacy Law
The right to privacy is one of the most fundamental rights recognized. References to privacy date back to ancient Greece and China. Rapid advances in information technology and high-speed data networks have had an enormous impact on privacy. Today, personal medical and financial information can easily be transmitted with and without the one knowing. Can privacy law keep up with these changes and challenges? Privacy advocates are concerned. Nearly every country in the world has some form of privacy provision in its constitution. However, the definition of privacy differs from context and environment. The authors chronicle the status of privacy …
Affordable Internet Access For All Americans, Mark J. Maier
Affordable Internet Access For All Americans, Mark J. Maier
Richmond Journal of Law & Technology
There are times in our history where new technologies burst onto the scene and have a major impact on our lives. We live in one such time. The Internet is revolutionizing how people and organizations interact with each other. Examples of these paradigm changes include how students are now being educated online with minimal face time with their teachers; governments are being forced to adapt to the new circumstance where once formidable geographical boundaries between countries are being lowered by information technology; and the military is realizing that it needs to harness this new technology or be defeated by it.
On The Threshold Of The Adoption Of Global Antibribery Legislation, Barbara C. George, Kathleen A. Lacey, Jutta Birmele
On The Threshold Of The Adoption Of Global Antibribery Legislation, Barbara C. George, Kathleen A. Lacey, Jutta Birmele
Vanderbilt Journal of Transnational Law
This Article will (1) briefly discuss domestic U.S. anti-corruption efforts through a review of the substantive content of the 1977 FCPA and its 1988 amendments; (2) evaluate indicators of changes in domestic attitudes and policies toward business corruption as evidenced by the breadth and scope of recent increased enforcement activities of DOJ and the SEC; (3) analyze the factors causing recent changes in international attitudes and policies toward business corruption; and (4) examine the resulting international efforts to combat business corruption by governmental and non-governmental organizations, financial standard setting organizations, and financial institutions.
Where's The Beef? Mad Cows And The Blight Of The Sps Agreement, Ryan D. Thomas
Where's The Beef? Mad Cows And The Blight Of The Sps Agreement, Ryan D. Thomas
Vanderbilt Journal of Transnational Law
This Note will first outline the SPS Agreement itself--specifically, Part II attempts to present the relevant articles in a manner providing the necessary background for understanding the WTO dispute panel and Appellate Body decisions. Next, Part III discuss and critique, the dispute panel and Appellate Body decisions, specifically, noting the shortcomings of these decisions in the context of the SPS Agreement and its utility as a precedent of international dispute resolution in the area of international regulation of drugs and feedstuffs. Next, I will addresses the likely effect of these decisions upon a possible WTO resolution of the SRM dispute …
The Rise Of The International Trust, Jeffrey A. Schoenblum
The Rise Of The International Trust, Jeffrey A. Schoenblum
Vanderbilt Journal of Transnational Law
With considerable acuity, Carlyn S. McCaffrey and Elyse G.Kirschner explore the maze created by the new Code and treasury regulation provisions. In addition to affording a fascinating roadmap through the maze, their article, Learning to Live with the New Foreign Nongrantor Trust Rules, demonstrates the difficulty of addressing legislatively the multitude of trust arrangements that can be devised in the struggle between grantors worldwide and the U.S. tax authorities. The article also exposes the inevitable generation of unintended consequences, including new loopholes, that are a product of such legislation.
In a second tax article, Respect for "Form" as "Substance" in …
Recent Developments In Anti-Money Laundering And Related Litigation Traps For The Unwary In International Trust Matters, Bruce Zagaris
Recent Developments In Anti-Money Laundering And Related Litigation Traps For The Unwary In International Trust Matters, Bruce Zagaris
Vanderbilt Journal of Transnational Law
In 1998, governments and international organizations continued their active efforts to increase regulatory and criminal enforcement of various laws to stem the tide of transnational crime. These efforts were reflected in the criminalization of various business and financial transactions, the imposition of new due diligence measures on the private sector and the concomitant weakening of privacy and confidentiality laws, strengthened penalties for non-compliance with regulatory efforts, and new law enforcement techniques, such as undercover sting operations, wiretapping, expanded powers to search homes and businesses, and controlled deliveries. So obtrusive are many of the law enforcement techniques and the privatization of …
Damned If You Do, Damned If You Don't? The Oecd Convention And The Globalization Of Anti-Bribery Measures, Christopher F. Corr, Judd Lawler
Damned If You Do, Damned If You Don't? The Oecd Convention And The Globalization Of Anti-Bribery Measures, Christopher F. Corr, Judd Lawler
Vanderbilt Journal of Transnational Law
This article explores the efforts of the international community to battle corruption by focusing on the recently promulgated Organization of Economic and Cooperative Development (OECD) Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. For many years the United States battled corruption by prohibiting its domestic businesses from bribing foreign officials. Other countries, however, generally viewed U.S. policy as a form of unilateral commercial disarmament and declined to pass their own anti-bribery legislation. The Convention, therefore, marks a recent shift by the international community, as it requires signatories to enact laws to punish domestic corporations for bribes …
Neoliberalism, Colonialism And International Governance: Decentering The International Law Of Governmental Legitimacy, James T. Gathii
Neoliberalism, Colonialism And International Governance: Decentering The International Law Of Governmental Legitimacy, James T. Gathii
Faculty Publications & Other Works
No abstract provided.
Corruption And Donor Reforms: Expanding The Promises And Possibilities Of The Rule Of Law As An Anti-Corruption Strategy In Kenya, James T. Gathii
Corruption And Donor Reforms: Expanding The Promises And Possibilities Of The Rule Of Law As An Anti-Corruption Strategy In Kenya, James T. Gathii
Faculty Publications & Other Works
No abstract provided.
Comparing Apples To Oranges: Lessons From The Failure Of U.S. Apple Exports To Japan, Dustin R. Klinger
Comparing Apples To Oranges: Lessons From The Failure Of U.S. Apple Exports To Japan, Dustin R. Klinger
Washington International Law Journal
In 1994, the United States and Japan agreed to permit reciprocal fresh apple imports after decades of negotiations. However, U.S. apple exports to Japan were a commercial failure. Initial sales peaked in 1995, then quickly declined, and no U.S. apples have been shipped to Japan since 1997. The United States blames unfair regulations for this failure. This Comment reviews the history of the U.S.-Japan apple dispute, analyzes Japan's apple import regulations, and concludes that those regulations aggravated, but did not cause the commercial failure of U.S. apple exports to Japan. Instead, U.S. apple exports failed because of unexpected price competition …
Comparing The "1990s-Style" And "1980s-Style" Debt Crises, Chantal Thomas
Comparing The "1990s-Style" And "1980s-Style" Debt Crises, Chantal Thomas
Cornell Law Faculty Publications
No abstract provided.
Mfn Relations With Communist Countries: Is The Two-Decade Old System Working, Or Should It Be Revised Or Repealed?, Taunya L. Mclarty
Mfn Relations With Communist Countries: Is The Two-Decade Old System Working, Or Should It Be Revised Or Repealed?, Taunya L. Mclarty
University of Richmond Law Review
Most Favored Nation ('MEN") trade status has been a cornerstone of U.S. trade policy since 1934, and it is extended to all nations except those specifically denied MFN status by U.S. law. Since 1934, the United States has used MFN status as leverage to further U.S. national security and foreign policy goals, and on a few occasions, has used it as a tool to obtain trade concessions.
Who Leads At Halftime?: Three Conflicting Visions Of Internet Privacy Policy, Karl D. Belgum
Who Leads At Halftime?: Three Conflicting Visions Of Internet Privacy Policy, Karl D. Belgum
Richmond Journal of Law & Technology
Concern about privacy on the Internet runs high, but the prescriptions for treatment vary widely. Privacy advocates seek different goals when formulating policy proposals. Some seek to protect individuals and society from the effects of loss of privacy, including the loss of human dignity. Others seek to encourage the development of online markets in personal information, so that consumers can profit from their own information, rather than giving it away. Still, others seek primarily to promote the growth of e-commerce, and see privacy fears as a threat to that goal. These goals are fundamentally inconsistent, and that inconsistency is obscured …
The Precedent Setters: De Facto Stare Decisis In Two Adjudication (Part Two Of A Trilogy), Raj Bhala
The Precedent Setters: De Facto Stare Decisis In Two Adjudication (Part Two Of A Trilogy), Raj Bhala
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Foreign Trade Regulation Of Korea In The Wto World, Eun Sup Lee
Foreign Trade Regulation Of Korea In The Wto World, Eun Sup Lee
Florida State University Journal of Transnational Law & Policy
No abstract provided.
The Capacity Of Chinese Enterprises To Engage In Foreign Trade: Does Restriction Help Or Hinder China's Trade Relations?, Mark Williams, Zhong Jianhua
The Capacity Of Chinese Enterprises To Engage In Foreign Trade: Does Restriction Help Or Hinder China's Trade Relations?, Mark Williams, Zhong Jianhua
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Exit And Voice In The Age Of Globalization, Eyal Benvenisti
Exit And Voice In The Age Of Globalization, Eyal Benvenisti
Michigan Law Review
The "globalization" of commerce provides ever-growing opportunities for producers, employers, and service providers to shop the globe for more amenable jurisdictions. While they enjoy a "race to the top," an international "race to the bottom," spawned by decreasing relocation costs, threatens to compromise the achievements of the welfare state and lower standards of consumer protection. National governments, weakened by competition that entails leaner budgets, find it increasingly difficult to cooperate in the appropriation of crucial shared natural resources, seriously endangering these assets while damaging the environment. Not only does the growing global competition create both efficiency losses and social-welfare problems, …
John H. Jackson: Master Of Policy- And The Good Life, Theodore J. St. Antoine
John H. Jackson: Master Of Policy- And The Good Life, Theodore J. St. Antoine
Michigan Journal of International Law
A Tribute to John H. Jackson
Bibliography Of Principal Publications By Professor John H. Jackson As Of February 1999, Michigan Journal Of International Law
Bibliography Of Principal Publications By Professor John H. Jackson As Of February 1999, Michigan Journal Of International Law
Michigan Journal of International Law
A bibliography.
An Examination Of The Developments In Chapter 19 Antidumping Decisions Under The North American Free Trade Agreement (Nafta): The Implications And Suggestions For Reform For The Next Century Based On The Experience Of Nafta After The First Five Years, Kenneth J. Pippin
Michigan Journal of International Law
This paper describes the themes in the Chapter 19 antidumping panel decisions that have developed over the first five years of NAFTA. Part I provides a brief overview of the Chapter 19 panel process and the method of antidumping determinations for each NAFTA party. Part II presents statistics on the number and types of antidumping panel decisions made under the first five years of NAFTA. Finally, Part III explores the most significant themes in the antidumping Chapter 19 panel decisions and discusses their implications for reforming the Chapter 19 panel process.