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Full-Text Articles in Law

The U.S.-Ec Dispute Over Customs Matters: Trade Facilitation, Customs Unions, And The Meaning Of Wto Obligations, Daniel H. Erskine Feb 2007

The U.S.-Ec Dispute Over Customs Matters: Trade Facilitation, Customs Unions, And The Meaning Of Wto Obligations, Daniel H. Erskine

Daniel H. Erskine

The article addresses a current WTO dispute between the United States and the European Communities on selected customs matters. The article discusses the necessity for a uniform WTO agreement on trade facilitation, as well as analyzes the apparent inconsistency between the General Agreement on Tariffs and Trade (GATT) Article X’s mandate for WTO Members to uniformly, impartially, and reasonably administer municipal customs laws and Article XXIV’s allowance of individual members of a customs union to substantially apply common commercial regulations and laws in relation to non-members of the customs union. The article concludes that an agreement between WTO Members on …


’Including Trade In Counterfeit Goods’: The Origins Of Trips As A Gatt Anti-Counterfeiting Code, Christopher Wadlow Jan 2007

’Including Trade In Counterfeit Goods’: The Origins Of Trips As A Gatt Anti-Counterfeiting Code, Christopher Wadlow

Christopher Wadlow

Like corruption, commercial counterfeiting has no apologists and no redeeming features. The World Trade Organisation (WTO) TRIPs Agreement incorporates provisions intended to address the problem of counterfeit goods in international trade, but these seem to have achieved little more than to slow the trajectory of its growth. However, the low profile of these provisions within TRIPs disguises the fact that TRIPs itself may ultimately be traced to a modest initiative by American business interests to include an “anti-counterfeiting code” within the GATT Tokyo round. This article describes the origins and history of the code, and its gradual metamorphosis into the …


Burden Of Proof And The Prima Facie Case: The Evolving History And Its Applications In The Wto Jurisprudence, Ho Cheol Kim Jan 2007

Burden Of Proof And The Prima Facie Case: The Evolving History And Its Applications In The Wto Jurisprudence, Ho Cheol Kim

Richmond Journal of Global Law & Business

No abstract provided.


Diamonds On The Souls Of Her Shoes: The Kimberly Process And The Morality Exception To Wto Restrictions, Karen E. Woody Jan 2007

Diamonds On The Souls Of Her Shoes: The Kimberly Process And The Morality Exception To Wto Restrictions, Karen E. Woody

Scholarly Articles

This Article analyzes the events predicating the Kimberley Process and examines the validity of the Kimberley Process in relation to international trade obligations. Part I describes the background of conflict diamonds and their role in African wars. The section outlines the need for regulation in the diamond industry and examines how other attempted measures at curbing the illicit diamond trade have fallen short. Part II details the Kimberley Process and its guidelines. This section analyzes the relevant U.S. legislation passed in 2003, the Clean Diamond Trade Act. Part II also suggests that because the Kimberley Process ("KP") is predicated upon …


Total Recall On Chinese Imports: Pursuing An End To Unsafe Health And Safety Standards Through Article Xx Of Gatt, Elvira Cortez Jan 2007

Total Recall On Chinese Imports: Pursuing An End To Unsafe Health And Safety Standards Through Article Xx Of Gatt, Elvira Cortez

American University International Law Review

No abstract provided.