Law Commons^™

Putting Aside The Rule Of Law Myth: Corruption And The Case For Juries In Emerging Democracies, Brent T. White

Publications

No abstract provided.

A Unified Theory Of International Law, The State, And The Individual: Transnational Legal Harmonization In The Context Of Economic And Legal Globalization, James D. Wilets

Faculty Scholarship

This Article presents an original theory of international law which reconciles the norm-making processes occurring at the international, state, and individual levels. It is the central thesis of this paper that economic globalization is not happening in a vacuum, but it is rather engendering legal globalization, much in the way that centralized regulation followed trans-state economic globalization within the United States and Europe.

Traditional definitions of international law do not address this phenomenon and consider these new forms of transnational norm creation as simply exceptions to the general rule that international law is created by nation-states within the framework of …

Reforma Regulatoria Y Competitividad, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.

Standard Of Review Under The Sps Agreement After Ec-Hormones Ii, Michael Ming Du

Michael Ming Du

A recurring and delicate issue in the GATT/WTO dispute settlement processes is whether, and to what extent, WTO Panels and the Appellate Body (AB) should defer to national government decisions. With regard to disputes under the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement), WTO Panels adopted, and the AB endorsed, a standard of review close to de novo review. As a result, the WTO jurisprudence in SPS disputes has been subject to sharp criticisms over the years. In the recent EC-Hormones II case, the AB has deviated from its established case law and articulated a new …

Reducing Product Standards Heterogeneity Through International Standards In The Wto: How Far Across The River?, Michael Ming Du

Michael Ming Du

Heterogeneity in product standards across World Trade Organization (WTO) members adversely affects the international flow of goods and its reduction will increase global economic welfare if legitimate regulatory objectives are not violated. The Uruguay Round has seen the incorporation of international standards in both the Agreement on Technical Barriers to Trade (TBT) and the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS) Agreement as a harmonization device. Despite many benefits that international standards may offer, WTO’s attachment to international standards has been subject to various criticisms. This paper intends to offer a detailed analysis of the role of …

(F)Linging (I)Ndispensible (F)Reedoms (A)Side: Why Fifa's "6+5" Will Not Survive, Michael Levinson

University of Miami International and Comparative Law Review

No abstract provided.

Affirmative Action In Brazil: Reverse Discrimination And The Creation Of A Constitutionally Protected Color-Line, Christopher Dischino

University of Miami International and Comparative Law Review

No abstract provided.

Reforming Fairness: The Need For Legal Pragmatism In The Wto Dispute Settlement Process, Webb Mcarthur

Law Student Publications

The World Trade Organization (“WTO”) dispute settlement system is intended to be the central pillar of the international trade system by which trade disputes involving WTO member states are adjudicated, whether regarding trade in goods, services, or in intellectual property rights. However, an innocuous statement such as this, when closely considered, indicates potential problems for the system.

Constitutional Anomalies: When Canada's Proportionality And The U.S.'S Categorization Just Don't Fit The Bill, Zakarij N. Laux

University of Miami Inter-American Law Review

No abstract provided.

Energy Crises And Cooperation: Do International Institutions Matter?, Vessela P. Chakarova

Graduate Program in International Studies Theses & Dissertations

The risk of an oil supply disruption still exists. Oil reserves are increasingly concentrated in a handful of unreliable regimes, plagued by piracy and terrorism. Natural disasters and chokepoint incidents have increased in frequency. In addition, oil is expected to remain a significant part of the energy mix up until 2030. By that time Europe will be importing 90% of its oil. Thus, oil supply security will become an increasingly important feature of European politics.

One way to counter the noxious consequences of an oil disruption is to cooperate. International cooperation is a critical factor in any type of crisis, …

The Ubs/Irs Settlement Agreement And Cayman Island Hedge Funds, Chris Horton

University of Miami Inter-American Law Review

No abstract provided.

Expanding The Nafta Chapter 19 Dispute Settlement System: A Way To Declaw Trade Remedy Laws In A Free Trade Area Of The Americas?, Stephen J. Powell

UF Law Faculty Publications

Chapter 19 of the NAFTA transfers judicial review of U.S., Canadian, and Mexican government investigations under the controversial anti-dumping and countervailing duty (AD/CVD) laws from national courts to binational panels of private international law experts. The system stands as a unique surrender of judicial sovereignty to an international body, a hybrid of national courts and international dispute settlement with as yet no parallel in the world of international trade or other international law regimes. Binational panel decisions have been controversial because agencies chafe at their intimate examination of agency findings and supporting evidence. Panels also are viewed as substantially more …

Effective Protection Against Refoulement In Europe: Minimizing Exclusionism In Search Of A Common European Asylum Policy, Michael Campagna

University of Miami International and Comparative Law Review

No abstract provided.

Heirs Of Martí: The Story Of Cuban Lawyers, Victoria Quintana

University of Miami International and Comparative Law Review

No abstract provided.

Remote Access To Immigration Cases: Should The Rules Be Changed?, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

Transferencia De Fondos, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.

Organos Reguladores En México: Fragilidades Y Áreas De Oportunidad, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.

Transparencia En La Cfc, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.

¿Qué Reformas Son Necesarias Para Combatir A Los Monopolios En México? Modelos Más Adecuados De Autonomía Para Los Reguladores, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.

Competencia Económica: ¿Qué Reformas Son Necesarias Para Combatir A Los Monopolios En México?, Unam, Relatoría De Discusiones, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.

Das Conversas, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Sobre a Conversa, os discursos, o auto-biográfico, as (in)sinceridades, os géneros...

The Impacts Of The Chinese Anti-Monopoly Law On Ip Commercialization In China & General Strategies For Technology-Driven Companies And Future Regulators, Yijun Tian

Duke Law & Technology Review

After thirteen years of discussion and three revisions, China's Anti-Monopoly Law (AML) was promulgated on August 30, 2007 and has come into effect on August 1, 2008. It is the first anti-monopoly law in China and has been viewed as an "economic constitution" and a "milestone of the country’s efforts in promoting a fair competition market and cracking down on monopoly activities." However, the wording of some provisions of the AML, including the sections dealing with Intellectual Property (IP) protection, is not very clear. And juridical interpretations and more specific implementing regulations on the AML have not yet appeared. This …

Mtic (Vat Fraud) In Voip - Market Size $3.3b, Richard Thompson Ainsworth

Faculty Scholarship

In the beginning, the VAT fraud known as missing trader intra-community (MTIC) fraud appeared to be a UK problem concentrated in the cell phone and computer chip markets. MTIC has mutated (to other commodities) and migrated (to other Member States). This paper describes how this fraud operates in the VoIP market, and how in this mutation it is no longer confined to the EU, but can infiltrate any VAT/GST anywhere.

Canada, Botswana, Japan, Iceland and Jamaica (to mention a few jurisdictions) have consumption taxes that are just as vulnerable as is the EU VAT to VoIP missing trader fraud. It …

Rise Of The Drones: Unmanned Systems And The Future Of War, Kenneth Anderson

Congressional and Other Testimony

This document is written testimony submitted to the Subcommittee on National Security and Foreign Affairs, for a hearing under the general title of "Rise of the Drones: Unmanned Systems and the Future of War." The hearing covered military, strategic, technological, and economic issues related to unmanned aerial vehicles in military, intelligence, and civilian commercial use. This written testimony addressed certain international law and legal policy issues raised by the use of drones as a means of projecting force. It is primarily addressed to the question of the CIA campaign of drone attacks in Pakistan and beyond, rather than the use …

International Soft Law, Andrew T. Guzman, Timothy L. Meyer

Timothy Meyer

Although the concept of soft law has existed for years, scholars have not reached consensus on why states use soft law or even whether “soft law” is a meaningful analytic category. In part, this confusion reflects a deep diversity both in the types of international agreements that states employ, and in the strategic situations that produce these agreements. In this paper, we advance four complementary explanations for why states use soft law. Our explanations account for a much broader range of state behavior than the existing literature is able to explain.

First, and least significantly, states may use soft law …

East Asian Economies' Cooperation In Cross-Border Direct Investment Arrangements, Mary Hui-Yi Hsu

Theses and Dissertations

While economic globalization continues to develop, the global economy keeps integrating through increasing trade and foreign direct investment (FDI). The establishment of close and comprehensive industrial production and distribution networks in the East Asian region is mainly driven by FDI cooperation between multinational enterprises (MNEs) and local firms. MNEs have played a key role in promoting vertical intra-industry trade in East Asia by setting up regional and international production networks through FDI.

North American Futures: Canadian & U.S. Perspectives, Managing The Arctic, David Caron

David D. Caron

Presentation and discussion of issues relevant to balanced Arctic exploration, multilateral cooperation policy, growth and development and political-economic perspectives.

Russia & Legal Harmonization: An Historical Inquiry Into Ip Reform As Global Convergence And Resistance, Boris N. Mamlyuk

Cornell Law Faculty Working Papers

This Article examines several waves of intellectual property (IP) regulation reform in Russia, starting with a specific examination into early Soviet attempts to regulate intellectual property. Historical analysis is useful to illustrate areas of theoretical convergence, divergence and tension between state ideology, positive law, and “law in action.” The relevance of these tensions for post-Soviet legal reform may appear tenuous. However, insofar as IP enforcement has been one of the largest hurdles for Russia’s prolonged accession to the WTO, these historical precedents may help to explain the apparent theoretical or political disconnect between the WTO and Russia. If Russian policymakers …

Globalization And New Possibilities For Global Justice, Frank Garcia

Frank J. Garcia

No abstract provided.

Bashir And The Icc, Kurt Mills

Human Rights & Human Welfare

Nesrine Malik argues that the International Criminal Court (ICC) made a mistake when it declared that it might charge Omar al Bashir with genocide, in addition to the existing charges of war crimes and crimes against humanity. She argues that the court’s ruling will contribute to Bashir's propaganda efforts and that the current charges have had no appreciable effect. Given the extreme duplicity of Bashir and the other crimes he has quite clearly committed, it is unclear how the genocide charge would make a big difference.