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The Club Approach To Multilateral Trade Lawmaking, Nicolas Lamp
The Club Approach To Multilateral Trade Lawmaking, Nicolas Lamp
Vanderbilt Journal of Transnational Law
The World Trade Organization (WTO) stands at the center of an emerging structure of global economic governance. Its rules affect important aspects of everyone's lives--how much people pay for the products that they purchase, what types of employment are open to them, and which medicines they can access. And yet, while the WTO was conceived as a "negotiating machine" that would develop rules in sync with an increasingly dynamic global economy, negotiations on a new set of global trade rules have now been deadlocked for over a decade. This impasse is all the more surprising in light of the fact …
The World Trade Organization And Participatory Democracy: The Historical Evidence, Peter M. Gerhart
The World Trade Organization And Participatory Democracy: The Historical Evidence, Peter M. Gerhart
Vanderbilt Journal of Transnational Law
Although the World Trade Organization (WTO) is one of the most significant international institutions, its function, domain, and legitimacy are still heavily contested. The Author examines the history of the founding of the General Agreement on Tariffs and Trade (GATT), the WTO's predecessor, to see what history reveals about the role that GATT was originally expected to fulfill. The Author's interpretive examination shows that GATT's founders recognized that trade policy must be internationalized in order to give one country an opportunity to participate in the policy-making of other countries; otherwise, a county can impose costs on other countries without representation …
Protection, Not Protectionism: Multilateral Environmental Agreements And The Gatt, Betsy Baker
Protection, Not Protectionism: Multilateral Environmental Agreements And The Gatt, Betsy Baker
Vanderbilt Journal of Transnational Law
In this Article, Dean Baker examines the compatibility of multilateral environmental agreements with the provisions of the General Agreement on Tariffs and Trade (GATT). The author discusses the key provisions of the Basel Convention on the Control of Transboundary Movements of Hazardous Waste, the Montreal Protocol on Substances that Deplete the Ozone Layer, the United Nations Framework Convention on Climate Change, and the GATT. The author then reviews the conflict between unilateral environmental protection and open and free trade under the GATT. The author concludes the collective interests represented by international environmental agreements, and the agreements themselves, should provide a …
Intellectual Property And International Trade: Merger Or Marriage Of Convenience?, R. Michael Gadbaw
Intellectual Property And International Trade: Merger Or Marriage Of Convenience?, R. Michael Gadbaw
Vanderbilt Journal of Transnational Law
This Article examines the interaction between trade and intellectual property rights policies through certain key developments in United States law, the General Agreement on Tariffs and Trade (GATT) and the World Intellectual Property Organization (WIPO). While this brief review is not intended to provide a definitive analysis, it will offer worthwhile insights into the prospects for, and implications of, such a merger. For this purpose, this Article considers the efforts in GATT to negotiate a code on intellectual property rights and the parallel efforts in WIPO to negotiate a treaty for the protection of semiconductor designs. While the GATT talks …
The Economics Of Intellectual Property Rights And The Gatt: A View From The South, Carlos A.P. Braga
The Economics Of Intellectual Property Rights And The Gatt: A View From The South, Carlos A.P. Braga
Vanderbilt Journal of Transnational Law
This Article explores the attitude of less developed countries (LDCs) with respect to the debate on TRIPs at the Uruguay Round. Part II addresses the evolution of the debate at the GATT level. Part III presents the economics of intellectual property rights protection from the point of view of LDCs. Finally, Part IV summarizes the main conclusions and recommendations of the Article.
Uruguay Round Trips: A Bibliographic Essay, William M. Walker
Uruguay Round Trips: A Bibliographic Essay, William M. Walker
Vanderbilt Journal of Transnational Law
The Uruguay Round of multilateral trade negotiations began with a special ministerial meeting of the Contracting Parties to the General Agreement on Tariffs and Trade (GATT) held in Punta del Este, Uruguay, on September 20, 1986. "Trade-Related Aspects of Intellectual Property Rights, Including Trade in Counterfeit Goods" (TRIPs) is a designated subject for negotiation in the Uruguay Round. The inclusion of intellectual property rights in the Uruguay Round is the culmination of a process that began during the Tokyo Round. While the Tokyo Round was in progress, the United States and the European Community reached a tentative accord on various …
Intellectual Property Rights: The Issues In Gatt, David Hartridge, Arvind Subramanian
Intellectual Property Rights: The Issues In Gatt, David Hartridge, Arvind Subramanian
Vanderbilt Journal of Transnational Law
This Article examines the need for a multilateral framework to address the trade-related aspects of intellectual property rights (TRIPs). The authors trace the growing importance of TRIPs from its emergence at the Tokyo Round in 1978 to its present state as a major focus of multilateral negotiations at the Uruguay Round. A detailed discussion of existing GATT provisions and their relevance to intellectual property rights follows. The authors then describe the four major substantive issues related to TRIPs that are before the Negotiating Group: substantive standards of intellectual property protection; procedures for the enforcement of intellectual property protection; dispute settlement …
State Buy-American Laws - Is There A Judicial Solution?, George C. Lamb, Iii
State Buy-American Laws - Is There A Judicial Solution?, George C. Lamb, Iii
Vanderbilt Law Review
State buy-American statutes are among the most peculiar of legislative responses to problems of unemployment and low levels of economic growth in the United States. Designed to decrease unemployment among American workers by promoting the development of American industry, the statutes typically require that purchasers of goods to be used in state-subsidized projects prefer products manufactured in America over those made in foreign countries, often regardless of price or quality.' State buy-American statutes are presently in effect in a number of states, despite criticism that they constitute devices of economic protectionism for domestic goods and barriers to a unified United …