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Beyond Labor Rights: Which Core Human Rights Must Regional Trade Agreements Protect?, Stephen Joseph Powell, Trisha Low Jan 2012

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 North American Free Trade Agreemetn: Looking At The Binational Panel System Through The Lens Of Free Enterpresie Fund, John J. Garman, Matthew K. Bell Jan 2011

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 …


Enhancing The Wto Tool Kit: The Case For Financial Compensation, Rebecca Ullman Jan 2010

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.


Does Free Trade Cause Hunger? Hidden Implications Of The Ftaa, Jonathan B. Wight Jan 2001

Does Free Trade Cause Hunger? Hidden Implications Of The Ftaa, Jonathan B. Wight

Richmond Journal of Global Law & Business

This division of labour, from which so many advantages are derived, is not originally the effects of any human wisdom, which forsees and intends that general opulence to which it gives occasion. It is the necessary, though very slow and gradual consequence of a certain propensity in human nature which has in view no such extensive utility; the propensity to truck, barter, and exchange one thing for another.


Mapping The Landscape: Perspectives On The Implementation Of Free Trade Agreements, F. Amanda Debusk Jan 2001

Mapping The Landscape: Perspectives On The Implementation Of Free Trade Agreements, F. Amanda Debusk

Richmond Journal of Global Law & Business

No abstract provided.


Workers’ Rights: A Winding Road In The Trucking Dispute Between The United States And Mexico, Michael S. Plotkin Jan 2001

Workers’ Rights: A Winding Road In The Trucking Dispute Between The United States And Mexico, Michael S. Plotkin

Richmond Journal of Global Law & Business

No abstract provided.


The Geography Of Injustice: Borders And The Continuing Immiseration Of California Agricultural Labor In Era Of "Free Trade", Don M. Mitchell Jan 2001

The Geography Of Injustice: Borders And The Continuing Immiseration Of California Agricultural Labor In Era Of "Free Trade", Don M. Mitchell

Richmond Journal of Global Law & Business

Why is it that when the reigning ideology governing the expansion of “free trade” is anti-regulatory”, all agree that the movement of people, or rather laborers, must be carefully regulated? Indeed, why are borders strengthened for people just as states of the Western Hemisphere embark on a thorough reconfiguration, and even a dismantling, or borders for capital and goods.


Is Nafta Up To Its Green Expectations? Effective Law Enforcement Under The North American Agreement On Environmental Cooperation, Beatriz Bugeda Jan 1999

Is Nafta Up To Its Green Expectations? Effective Law Enforcement Under The North American Agreement On Environmental Cooperation, Beatriz Bugeda

University of Richmond Law Review

On January 1, 1994, the North American Free Trade Agreement (NAFTA) between the governments of Mexico, Canada and the United States went into effect. Together with this trade agreement, the governments of the three countries entered into a side agreement on the environment: the North American Agreement on Environmental Cooperation (NAAEC). This agreement, also known as the Environmental Side Agreement, responded to some of the concerns of NAFTA critics. Some environmentalists believed NAFTA would promote environmentally insensitive and uncontrolled growth, and others thought the liberalization of trade would be used as a means to preempt stringent domestic environmental regulations.


Priority Of Invention In United States Patents: From The Paris Convention To Gatt, John F. Carroll Iv Jan 1995

Priority Of Invention In United States Patents: From The Paris Convention To Gatt, John F. Carroll Iv

Richmond Journal of Law & Technology

Imagine the following: It's New Year's Eve, 1994, and as twilight falls you start to clean off your desk and get ready to go home. On top of your "Out" tray is a copy of a patent application for American Corporation that you filed with the Patent and Trademark Office last week. A-Corp., one of your largest clients, is the nation's largest manufacturer of business office furniture. The patent application is for A-Corp's new "Security Cabinet," a device that protects sensitive computer disks and video- tapes from electromagnetic contamination. The Security Cabinet was unveiled at an office supply trade show …