Open Access. Powered by Scholars. Published by Universities.®
- Publication Year
- Publication
- Publication Type
Articles 1 - 22 of 22
Full-Text Articles in Entire DC Network
Mastering A Two-Edged Sword: Lessons From The Rules And Litigation On Safeguards In The World Trade Organization, Julien Chaisse, Debashis Chakraborty, Animesh Kumar
Mastering A Two-Edged Sword: Lessons From The Rules And Litigation On Safeguards In The World Trade Organization, Julien Chaisse, Debashis Chakraborty, Animesh Kumar
Richmond Journal of Global Law & Business
No abstract provided.
Private Enforcement Of Trips By Applying The Eu Law Principles Of Direct Effect And State Liability, Saud Aldawsari
Private Enforcement Of Trips By Applying The Eu Law Principles Of Direct Effect And State Liability, Saud Aldawsari
Law Student Publications
This comment is divided into three sections. Part I introduces the World Trad Organization (WTO) generally and analyzes the Trade Related Agreement on Intellectual Property Rights (TRIPS) agreement specifically. Part II discusses the proposed theory and its basis. It then introduces Novartis. The comment then explores the relevant EU laws and analyzes the jurisprudence of Direct Effect and State Liability. Part III applies EU law to Novartis.
Legal Services In India: Is There An Obligation Under The Gats Or Are There Policy Reasons For India To Open Its Legal Services Market To Foreign Legal Consultants?, Arno L. Eisen
Richmond Journal of Global Law & Business
No abstract provided.
Beyond Labor Rights: Which Core Human Rights Must Regional Trade Agreements Protect?, Stephen Joseph Powell, Trisha Low
Beyond Labor Rights: Which Core Human Rights Must Regional Trade Agreements Protect?, Stephen Joseph Powell, Trisha Low
Richmond Journal of Global Law & Business
As World Trade Organization (“WTO”) Members relentlessly pursue new regional trade agreements to achieve even faster economic growth than the extraordinary numbers posted by global trade rules, the smaller number of parties and their greater cultural affinity have led negotiators to address the intersection of trade and human rights to an extent unparalleled in the culturally disparate and near-unmanageable, 150-plus member WTO itself. These new provisions have used trade’s huge power to improve worker rights, secure environmental protections, and make initial inroads toward defending indigenous populations from trade’s adverse effects. Employing the perspectives both of trade negotiators and students of …
The Silver Lining In The Red Giant: China's Residential Mortgage Laws Promote Temperance Among The Surging Middle Class, Clayton D. Laforge
The Silver Lining In The Red Giant: China's Residential Mortgage Laws Promote Temperance Among The Surging Middle Class, Clayton D. Laforge
University of Richmond Law Review
This comment examines the rise of China's middle class and proactive governance to protect its economy from a housing bubble during the global downturn. An analysis of recently enacted Chinese labor and corporate laws demonstrates how the government facilitated the rise of the middle class. The comment discusses the ramifications of strict domestic residential mortgage regulations and how China's tempered investment structure secured its domestic housing market. Part II of this comment examines China's investment and consumption patterns compared to domestic growth. Part III discusses how the surging middle class grew to seek investment opportunities in the real estate market …
A Critical Look At The Anti-Counterfeiting Trade Agreement, David M. Quinn
A Critical Look At The Anti-Counterfeiting Trade Agreement, David M. Quinn
Richmond Journal of Law & Technology
On October 23, 2007, the United States announced an initiative to strengthen intellectual property enforcement measures within the international community via the Anti-Counterfeiting Trade Agreement (“ACTA”). During the following years, eleven rounds of negotiations among as many parties culminated in a finalized text released on December 3, 2010. The dialogue occurred outside the purview of existing bodies such as the WIPO and WTO. The ACTA now awaits acceptance following the March 31, 2011 commencement of the ratification period. It will enter into force thirty days following the sixth formal approval.
Enhancing The Wto Tool Kit: The Case For Financial Compensation, Rebecca Ullman
Enhancing The Wto Tool Kit: The Case For Financial Compensation, Rebecca Ullman
Richmond Journal of Global Law & Business
World Trade Organization Dispute Settlement Understanding 160 represents an intersection of domestic law and international law. The subject of Dispute Settlement Understanding 160 (“DSU 160”) is the Fairness in Music Licensing Act, an American legislative act that extended copyright protection terms and carved out significant exemptions for commercial establishments. The exemptions set forth in the Fairness in Music Licensing Act (“FMLA”) conflict with U.S. international intellectual property obligations such that one must question whether there should be new and different remedies available to assist parties in meeting their international obligation.
Reforming Fairness: The Need For Legal Pragmatism In The Wto Dispute Settlement Process, Webb Mcarthur
Reforming Fairness: The Need For Legal Pragmatism In The Wto Dispute Settlement Process, Webb Mcarthur
Richmond Journal of Global Law & Business
The World Trade Organization (“WTO”) dispute settlement system is intended to be the central pillar of the international trade system by which trade disputes involving WTO member states are adjudicated, whether regarding trade in goods, services, or in intellectual property rights. However, an innocuous statement such as this, when closely considered, indicates potential problems for the system. The WTO is an international treaty-based organization, established in 1994 by 123 countries in Marrakesh, Morocco. In addition to settling disputes in international trade, the WTO is also a negotiating forum and a set of rules. The organization is more than a “table” …
Stretching The Dispute Settlement Understanding: U.S.—Cotton’S Relaxed Interpretation Of Cross-Retaliation In The World Trade Organization, David J. Townsend
Stretching The Dispute Settlement Understanding: U.S.—Cotton’S Relaxed Interpretation Of Cross-Retaliation In The World Trade Organization, David J. Townsend
Richmond Journal of Global Law & Business
In August 2009, the World Trade Organization (“WTO”) au-thorized Brazil to impose sanctions against the United States for its continued subsidization of cotton producers in violation of the WTO Agreement on Subsidies and Countervailing Measures (“SCM Agreement”) and the Agreement on Agriculture. The WTO approved Brazil’s use of sanctions outside the General Agreement on Tariffs and Trade (“GATT”), authorizing cross-retaliation against rights owed to the United States under the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”). This is the third case of cross- retaliation authorized by a WTO arbitrator under the Understanding on Rules and Procedures Governing the …
World Trade Organization Agreements And Principles As A Vehicle For The Attainment Of Energy Security, Dennis J. Hough Jr.
World Trade Organization Agreements And Principles As A Vehicle For The Attainment Of Energy Security, Dennis J. Hough Jr.
Richmond Journal of Global Law & Business
Do you remember how you felt on Wednesday, January 7, 2009? Perhaps you do not. I know how some Europeans felt — cold. That was the day that Russia stopped all natural gas exports to Ukraine. By itself, this was a serious course of action. However, because Ukraine is the main transmission corridor for natural gas pipelines shipping gas to Europe, the situation commanded worldwide attention.
Rethinking The Relationship Between The Wto And International Human Rights, Gao Pengcheng
Rethinking The Relationship Between The Wto And International Human Rights, Gao Pengcheng
Richmond Journal of Global Law & Business
No abstract provided.
The Effect Of The Taiwan Relations Act Of 1979 On Res Judicata And Collateral Estoppel With Respect To Taiwanese And Third-Country Parties In United States Courts, Michael Buxton Devine
The Effect Of The Taiwan Relations Act Of 1979 On Res Judicata And Collateral Estoppel With Respect To Taiwanese And Third-Country Parties In United States Courts, Michael Buxton Devine
Richmond Journal of Global Law & Business
President Jimmy Carter terminated diplomatic relations be- tween the United States and the Republic of China (the ROC) or Taiwan on January 1, 1979, and Congress enacted the Taiwan Relations Act of 1979 (the TRA), effective on April 10, 1979, in order to replace the former diplomatic relations. The question then arose as to whether United States courts must recognize and enforce judgments of Taiwanese courts with respect to third-country plaintiffs who have prevailed over Taiwanese defendants. If so, then such third-country plaintiffs would be able to rely on the principles of res judicata and collateral estoppel in United States …
Conflicting Jurisdictions Over Disputes Arising From The Application Of Trade-Related Environmental Measures, Wen-Chen Shih
Conflicting Jurisdictions Over Disputes Arising From The Application Of Trade-Related Environmental Measures, Wen-Chen Shih
Richmond Journal of Global Law & Business
No abstract provided.
Anti-Competitive Abuse Of Ip Rights And Compulsory Licensing Through The International Dimension Of The Trips Agreement And The Stockholm Proposal For Its Amendment, Haris Apostolopoulos
Anti-Competitive Abuse Of Ip Rights And Compulsory Licensing Through The International Dimension Of The Trips Agreement And The Stockholm Proposal For Its Amendment, Haris Apostolopoulos
Richmond Journal of Global Law & Business
No abstract provided.
Current Developments Of Wto Dispute Settlement Body Findings On The U.S. Antidumping Sunset Review Regime, Changho Sohn
Current Developments Of Wto Dispute Settlement Body Findings On The U.S. Antidumping Sunset Review Regime, Changho Sohn
Richmond Journal of Global Law & Business
No abstract provided.
The Wto Internet Gambling Dispute As A Case Of First Impression: How To Interpret Exceptions Under Gats Article Xiv(A) And How To Set The Trend For Implementation And Compliance In Wto Cases Involving “Public Morals” And “Public Order” Concerns?, Albena P. Petrova
Richmond Journal of Global Law & Business
No abstract provided.
Labor Standards In Recent U.S. Trade Agreements, William (Bud) Clatanoff
Labor Standards In Recent U.S. Trade Agreements, William (Bud) Clatanoff
Richmond Journal of Global Law & Business
No abstract provided.
The Economic Case For Labor Standards: A Layman’S Guide, Thomas I. Palley
The Economic Case For Labor Standards: A Layman’S Guide, Thomas I. Palley
Richmond Journal of Global Law & Business
The place of labor standards in the global economy has figured prominently in recent discussions of trade and globalization. Labor standards figured prominently in the Seattle meeting of the World Trade Organization (WTO) in 1999, and they promise to figure prominently in discussions about a proposed Free Trade Area of Americas (FTAA). Labor standards represent a critical issue for both the American labor movement and the international trade union movement as they are central to making globalization work for working people.
An Essential Element Of Fair Trade And Sustainable Development In The Ftaa Is An Enforceable Social Clause, Terry Collingsworth
An Essential Element Of Fair Trade And Sustainable Development In The Ftaa Is An Enforceable Social Clause, Terry Collingsworth
Richmond Journal of Global Law & Business
Multinational companies (“MNCs”) and governments that are fantasizing about a Free Trade Area of the Americas (“FTAA”) should accept the reality that the FTAA is not politically viable for the time being unless the issues of labor rights and other social conditions are addressed in a manner demonstrating that these rights are consistent with commercial rights that are protected in careful detail in many pages of the draft FTAA agreement.
Mapping The Landscape: Perspectives On The Implementation Of Free Trade Agreements, F. Amanda Debusk
Mapping The Landscape: Perspectives On The Implementation Of Free Trade Agreements, F. Amanda Debusk
Richmond Journal of Global Law & Business
No abstract provided.
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.
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.