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“The (Cisg) Road Less Travelled”: Grecon Dimter Inc. V. J.R. Normand Inc., Antonin I. Pribetic

Antonin I. Pribetic

This case comment discusses two recently released Canadian decisions on the enforceability of arbitration clauses from the perspective of the United Nations Convention on Contracts for the International Sale of Goods 1980 CISG). At first glance, the Supreme Court of Canada's decision in GreCon Dimter Inc. v. J.R. Normand Inc. appears to be a case upholding the primacy of international commercial arbitration, choice of forum and choice of law clauses. Upon closer scrutiny, however, the Supreme Court of Canada failed to consider the application of the CISG to the overall dispute. Interestingly, the same choice of forum and choice of …

On The Measurement Of Product Quality In Intra-Industry Trade, A. K.M. Azhar, Robert J.R. Elliott

Robert J R Elliott

The world has witnessed a dramatic increase in trade over the last forty years. Much of this growth in trade is intra-industry in nature. A relatively recent development in the intra-industry trade (IIT) literature is the measurement of the simultaneous import and export of quality-differentiated products, commonly known as vertical and horizontal IIT. In this paper we compare the Greenaway, Hine and Milner (1994) and Fontagné and Freudenberg (1997) approaches to disentangling vertical and horizontal intra-industry trade and examine some of the implications of employing simple ratios to define the boundary between product quality types. We present a complementary approach …

Intra-Industry Trade And Labour-Market Adjustment: A Reassessment Using Data On Individual Workers, Marius Brulhart, Robert J.R. Elliott, Joanne K. Lindley

Robert J R Elliott

We re-examine the relationship between intra-industry trade and labour reallocation, using individual-level data on manufacturing worker moves in the United Kingdom. The contribution of this analysis is twofold. First, we estimate the impact of intra-industry trade on worker moves between occupations as well as between industries. Second, we run individual-level regressions that allow us to control for worker heterogeneity. Our results suggest that intra-industry trade does have the stipulated attenuating effect on worker moves, both between occupations and between industries, but that this effect is relatively small compared to other determinants of labour reallocation.

Bringing Locus Into Focus: A Choice-Of-Law Methodology For Cisg-Based Concurrent Contract And Product Liability Claims, Antonin I. Pribetic

Antonin I. Pribetic

The article discusses choice-of-law theories for both contractual and tort/product liability claims governed by the CISG. The underlying theme is that concurrent claims are not necessarily equivalent claims. While concurrent liability in contract and tort (namely, product liability) may be applicable or alternative remedies available, the focus of the CISG is the harmonization of rules governing international sale contracts. The article argues that factors such as the place of injury or where the damages are sustained are less relevant than the situs of the contract, based upon the view that, without privity of contract, the concurrent tort would not arise. …

The Role Of Science In Risk Regulation Under The Sps Agreement, Lukasz A. Gruszczynski

Lukasz A Gruszczynski

This paper attempts to present a comprehensive and coherent picture of the role performed by science under the Sanitary and Phytosanitary Measures (SPS) Agreement and SPS case law. It argues that the approach adopted by the Appellate Body is predominantly based on a technical paradigm, supplemented, however, with some considerations arising from other paradigms. The paper argues that the approach adopted in the case law is generally compatible with the text of the SPS Agreement and provides a coherent SPS system. However, it also identifies certain areas which lack coherence, as certain standards seem to violate the right of the …

A New Agenda For Peace: International Trade Law As A Practical Discourse, In Trade As The Guarantor Of Peace, Liberty And Security?, Sungjoon Cho

Sungjoon Cho

No abstract provided.

Defragmenting World Trade, Sungjoon Cho

Sungjoon Cho

Solución De Controversias Entre Partes En El Acuerdo Para El Fortalecimiento De La Asociación Económica Entre Los Estados Unidos Mexicanos Y Japón, Óscar Cruz

Óscar Cruz Barney

No abstract provided.

El Régimen Jurídico Del Comercio Exterior De México: De La Independencia Al Tratado De Libre Comercio De América Del Norte, Óscar Cruz

Óscar Cruz Barney

No abstract provided.

Science In The Process Of Risk Regulation Under The Wto Agreement On Sanitary And Phytosanitary Measures, Lukasz A. Gruszczynski

Lukasz A Gruszczynski

This article attempts to present a comprehensive and coherent picture of the position occupied by science under the SPS Agreement and in the SPS case law. It claims that the approach adopted by the Appellate Body reflects the explicit language of the SPS Agreement and is predominantly based on a technical paradigm. In consequence, science plays a critical role in distinguishing between legal and illegal SPS measures. The article argues that such an approach is generally compatible with the text of the SPS Agreement and provides a coherent SPS system. However, it also identifies certain areas, which lack coherence, as …

Implications For The Vietnamaese Textile And Apparel Industry In Light Of Abolishing The Multifiber Arrangement And The Us - Vietnam Bilateral Investment Treaty, Joseph Pelzman

Joseph Pelzman

No abstract provided.

Symposium Introduction: International Law Confronts The Global Economy: Labor Rights, Human Rights, And Democracy In Distress, Timothy A. Canova

Timothy A. Canova

As the pace of globalization has intensified, lawyers and scholars continue to develop an appreciation for the many ways their own areas of expertise and practice relate to the global economy. This symposium issue of the Chapman Law Review, featuring papers presented at the inaugural conference of Chapman University's Center for Global Trade & Development, reflects the dynamic and evolving relationship between international law and the global economy, and the profound impacts of each on the course of democracy and human rights in the world today.

Each of our contributors were asked to consider the various ways that international law …

Sharing Potential And The Potential For Sharing: Open Source Licensing As A Legal And Economic Modality For The Dissemination Of Renewable Energy Technology, Jason Wiener

Jason Wiener

No abstract provided.

Review Of The World Trade Organization: Law, Practice And Policy, Frank J. Garcia

Frank J. Garcia

No abstract provided.

Why Trade Law Needs A Theory Of Justice, Frank J. Garcia

Frank J. Garcia

No abstract provided.

Agricultural Trade And Developing Countries, Carmen G. Gonzalez

Carmen G. Gonzalez

This article reviews Global Agricultural Trade and Developing Countries, edited by M.A. Aksoy & J.C. Beghin (Washington DC: World Bank, 2004). The book examines key issues in agricultural trade policy that are of particular significance to developing countries. The book’s strength is its painstaking research and detailed and exhaustive analysis of agricultural trade and production policies in a variety of countries and across a variety of commodities. The book provides a clear explanation of the market distortions caused by agricultural protectionism and of the distributional impacts of agricultural trade liberalization. The book’s weakness is its failure to integrate its analysis …

Markets, Monocultures, And Malnurition: Agricultural Trade Policy Through An Environmental Justice Lens, Carmen G. Gonzalez

Carmen G. Gonzalez

Much of the literature on environmental justice struggles in the United States and in the Global South has highlighted the disproportionate concentration of environmental hazards in poor communities and communities of color. However, it is equally important to evaluate how human societies distribute access to environmental necessities , such as food and water. Food is a quintessential environmental necessity that is critical human survival, and the right to food is recognized under under a vareity of international human rights law instruments. This article examines the complex ways in which the rules governing international trade in agricultural products affect the fundamental …

Deconstructing The Mythology Of Free Trade: Critical Reflections On Comparative Advantage, Carmen G. Gonzalez

Carmen G. Gonzalez

The theory of comparative advantage serves as the theoretical justification for the neoliberal economic reforms promoted by the International Monetary Fund, the World Bank, and multilateral and regional free trade agreements. This article employs insights from both neoclassical and heterodox economics in order to critique the theory of comparative advantage as applied to the agricultural sector. In particular, the article takes aim at the illusory notion that eliminating distortions in international agricultural trade caused by the lavish agricultural subsidies of wealthy nations will be sufficient to “level the playing field” and promote prosperity in both developed and developing countries. The …

The Trade-Induced Effects Of The Services Directive And The Country-Of-Origin Principle, Roland De Bruijn, Henk Lm Kox, Arjan Lejour

Henk LM Kox