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Articles 1 - 30 of 207
Full-Text Articles in Entire DC Network
Afghanistan Legislative Commitments To The Wto: A Deeper Look At Afghanistan's Compliance With Trips, Hafizullah Seddiqi
Afghanistan Legislative Commitments To The Wto: A Deeper Look At Afghanistan's Compliance With Trips, Hafizullah Seddiqi
Indiana Journal of Global Legal Studies
In 2016, Afghanistan formally acceded to the World Trade Organization (WTO) to improve its worldwide trading prospects. However, this journey began much earlier. To join the WTO, one of Afghanistan's commitments was to reform its then-existing trademark laws. Intellectual property (IP)-related laws are, in general, one of the fields that countries must reform prior to joining the WTO, so as to be in accordance with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). While Afghanistan has enacted some IPrelated statutes, including the 2009 Law on Trade Marks Registration, it continues to fall short of conforming to TRIPS because …
Trade Multilateralism And U.S. National Security: The Making Of The Gatt Security Exceptions, Mona Pinchis-Paulsen
Trade Multilateralism And U.S. National Security: The Making Of The Gatt Security Exceptions, Mona Pinchis-Paulsen
Michigan Journal of International Law
Today, there are an unprecedented number of disputes at the World Trade Organization (“WTO”) involving national security. The dramatic rise in trade disputes involving national security has resuscitated debate over the degree of discretion afforded to WTO Members as to when and how to invoke Article XXI, the Security Exception, of the General Agreement on Tariffs and Trade (“GATT”), with binding effect. The goal of this article is to shed light on contemporary questions and concerns involving national security and international trade, particularly questions involving the appropriate invocation of Article XXI GATT, through careful attention to the article’s historical context. …
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.
Brexit And The Wto: What Happens Next, Andrea Xu
Brexit And The Wto: What Happens Next, Andrea Xu
Michigan Journal of Environmental & Administrative Law
In the summer of 2016, the United Kingdom (the “UK”) announced its decision to leave the European Union (the “EU”). This decision, more commonly known as “Brexit,” subsequently stirred British politics, which included Theresa May replacing David Cameron as Prime Minister. Brexit created a unique situation in European and global politics, and instigated a discussion among politicians, academics, economists, and the likes about how the UK will leave the EU and Brexit’s implications in the UK, Europe, and the world as a whole.
This Note analyzes one specific aspect of Brexit: the administrative procedures the UK must undergo to establish …
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.
Price Controls Through The Back Door: The Parallel Importation Of Pharmaceuticals, A. Bryan Baer
Price Controls Through The Back Door: The Parallel Importation Of Pharmaceuticals, A. Bryan Baer
Journal of Intellectual Property Law
No abstract provided.
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.
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 …
China - Hp-Ssst And Price Undercutting, Brendan Saslow
China - Hp-Ssst And Price Undercutting, Brendan Saslow
Case Western Reserve Law Review
Chinese steel is also relevant to how China treats steel imports. China—HP-SSST involves an antidumping investigation conducted by Chinese authorities to determine whether European and Japanese manufacturers were dumping HP-SSSTs in China. This case comment presents an overview of China—HP-SSST. It focuses on the current Chinese injury analysis under WTO and Chinese law. Part I provides a brief overview of WTO antidumping laws and injury analysis proceedings. Part II summarizes the Appellate Body’s critical holdings in China— HP-SSST. Part III concludes with a critique of the case’s key holding, on price undercutting, and considers statistics about China as a respondent …
Dolphin Protection And The Mammal Protection Act Have Met Their Match: The General Agreement On Tariffs And Trade, Joseph J. Urgese
Dolphin Protection And The Mammal Protection Act Have Met Their Match: The General Agreement On Tariffs And Trade, Joseph J. Urgese
Akron Law Review
The conflict between international environmental conservation and international free trade is not a battle between good and evil, but a struggle between reconciling the good with the good. Indeed, the international community has recognized the growing "need for rules to enhance [the] positive interaction between trade and environmental measures, for the promotion of sustainable development."' The contracting parties to the General Agreement on Tariffs and Trade [hereinafter GATT] agreed to formalize this principle during the Uruguay Round in April of 1994 by establishing a Committee on Trade and the Environment [hereinafter CTE]. This was an important step toward commingling international …
Economic Implications Of European Transfrontier Pollution: National Prerogative And Attribution Of Responsibility, Fredrick C. Eisenstein
Economic Implications Of European Transfrontier Pollution: National Prerogative And Attribution Of Responsibility, Fredrick C. Eisenstein
Georgia Journal of International & Comparative Law
No abstract provided.
Customs Valuation In The European Economic Community, William M. Snyder
Customs Valuation In The European Economic Community, William M. Snyder
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 Foreign Investment Review Agency (Fira) And The General Agreement On Tariffs And Trade (Gatt): Incompatible?, Emily F. Carasco
The Foreign Investment Review Agency (Fira) And The General Agreement On Tariffs And Trade (Gatt): Incompatible?, Emily F. Carasco
Georgia Journal of International & Comparative Law
No abstract provided.
The Changing International Law Framework For Exports: The General Agreement On Tariffs And Trade, John H. Jackson
The Changing International Law Framework For Exports: The General Agreement On Tariffs And Trade, John H. Jackson
Georgia Journal of International & Comparative Law
No abstract provided.
Prologue, Stephen E. Farish
Prologue, Stephen E. Farish
Georgia Journal of International & Comparative Law
No abstract provided.
Disc To Fsc: A Small Business Alternative?, Scott J. Klosinski
Disc To Fsc: A Small Business Alternative?, Scott J. Klosinski
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.
Countervailing Duties: Court Of International Trade Determines That Countervailing Duty Law Is Applicable To Countries Having Nonmarket Economies. Continental Steel Corp. V. United States, 614 F. Supp. 548 (Ct. Int'l Trade 1985)., Susan L. Wallis
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.
Omnibus Trade And Competitiveness Act Of 1988: Putting The Brakes On Foreign Investment, Christopher J. Foreman
Omnibus Trade And Competitiveness Act Of 1988: Putting The Brakes On Foreign Investment, Christopher J. Foreman
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.