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Articles 1 - 12 of 12
Full-Text Articles in Law
Commercial High Technology Innovations Face Uncertain Future Amid Emerging "Brics" Compulsory Licensing And It Interoperability Frameworks, Lawrence A. Kogan
Commercial High Technology Innovations Face Uncertain Future Amid Emerging "Brics" Compulsory Licensing And It Interoperability Frameworks, Lawrence A. Kogan
San Diego International Law Journal
The pathways that lead to the success of cutting-edge technologies are often fraught with risk, difficulty, and uncertainty. These issues are particularly prevalent under a regime involving lengthy time horizons for competent research, development, and commercialization, which may require regulatory approvals. These challenges are known to be endemic to capital-intensive technology development which requires significant follow-on funding, particularly in highly regulated industries such as life sciences (e.g., pharmaceuticals/biotechnology and electronic medical devices ) and clean technology (which may be subdivided into clean or renewable energy generation and clean or renewable energy efficiency technologies and services, the former having more direct …
Law And Racism In An Asian Setting: An Analysis Of The British Rule Of Hong Kong, Richard Klein
Law And Racism In An Asian Setting: An Analysis Of The British Rule Of Hong Kong, Richard Klein
Richard Daniel Klein
No abstract provided.
China And The New Asia: Policy Recommendations, Tasha N. Haug
China And The New Asia: Policy Recommendations, Tasha N. Haug
Senior Honors Theses
The People’s Republic of China is an indispensable political and economic force in Asia. With the majority of the United States’ foreign economic interests invested in the Asia-Pacific region, the leading role that China is taking is a major concern. The Asia-Pacific region is strategically important to the US. How US policy makers craft foreign policy toward Asia has a direct impact on US involvement in the region. Unless the US becomes more invested in Asia, develops a comprehensive understanding of China’s role in the region, and proactively pursue strategic relationships, US influence in Asian affairs will become a thing …
The China Currency Issue: Why The World Trade Organization Would Fail To Provide The United States With An Effective Remedy, Marcus Sohlberg
The China Currency Issue: Why The World Trade Organization Would Fail To Provide The United States With An Effective Remedy, Marcus Sohlberg
Cornell Law School Inter-University Graduate Student Conference Papers
A critical issue in the global trading system that came to the forefront in 2010 concerns exchange rates. Having suffered to various degrees through the worst economic and financial downturn since the Great Depression, many large trading nations have sought to achieve economic recovery through export-led growth. In order to boost international competitiveness, many have engaged in competitive devaluations, i.e. interventions in currency markets to devalue domestic currency. According to Brazilian Finance Minister Guido Mantega this situation has escalated into a “global currency war”.
This paper focuses on China’s practice of maintaining an artificially undervalued currency, and addresses the question …
Economic And Social Rights: The Role Of Courts In China, Randall Peerenboom
Economic And Social Rights: The Role Of Courts In China, Randall Peerenboom
San Diego International Law Journal
This Article considers what the role of the courts could and should be in implementing ESR in China. Part II surveys recent global developments giving greater bite to economic and social rights, as well as some of the main controversies, debates, and approaches to promoting, protecting, and fulfilling ESR, with particular attention to the role of the courts. Part III provides a general introduction to the social, legal, political, and economic context in China, and contrasts the situation in China with South Africa?one of the global leaders in judicial implementation of ESR. The overall environment in China is, if not …
United States - Certain Measures Affecting Imports Of Poultry From China. Just Another Sps Case?, Lukasz A. Gruszczynski
United States - Certain Measures Affecting Imports Of Poultry From China. Just Another Sps Case?, Lukasz A. Gruszczynski
Lukasz A Gruszczynski
The Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) may apply to budgetary measures if they are motivated by SPS concerns. Equivalence-based measures are subject to the regular disciplines of the SPS Agreement, including but not limited to Article 4 SPS. This means that WTO Members, when engaging in the recognition process, need to observe other SPS provisions such as the requirement of a scientific risk assessment (Articles 5.1-5.3) or the quasi-consistency obligation of Article 5.5. A measure which has been found inconsistent with certain provisions of the SPS Agreement (e.g. Articles 2 and 5) cannot be …
Values To Be Added To An "Eastphalia Order" By The Emerging China, Chang-Fa Lo
Values To Be Added To An "Eastphalia Order" By The Emerging China, Chang-Fa Lo
Indiana Journal of Global Legal Studies
Eastphalia Emerging?: Asia, International Law, and Global Governance, Symposium. Indiana University Maurer School of Law, Bloomington, Indiana, 2009
The Settlement Of Investor State Disputes And China New Developments On Icsid Jurisdiction, Jane Y. Willems
The Settlement Of Investor State Disputes And China New Developments On Icsid Jurisdiction, Jane Y. Willems
South Carolina Journal of International Law and Business
No abstract provided.
An Analysis Of China’S Human Rights Policies In Tibet: China’S Compliance With The Mandates Of International Law Regarding Civil And Political Rights, Richard Klein
Scholarly Works
No abstract provided.
Towards A Convention For The International Sale Of Real Property: Challenges, Commonalities, And Possibilities, Christopher K. Odinet
Towards A Convention For The International Sale Of Real Property: Challenges, Commonalities, And Possibilities, Christopher K. Odinet
Faculty Scholarship
In a world that is increasingly global in scope, society has come to view the ever-growing body of international commercial laws as being exceptionally important. This is evidenced through the adoption of several high profile pieces of legislation over the past several decades: International Interest in Mobile Equipment - Study LXXI, the EU’s Draft Common Frame of Reference, the EU Directives on Consumer Protection, and, most noteworthy of all, the Convention for the International Sale of Goods (CISG).
As raised by Professors Sprankling, Coletta, and Mirow, what has been conspicuously absent from this growing body of laws is an international …
Toward A Convention For The International Sale Of Real Property: Challenges, Commonalities, And Possibilities, Christopher K. Odinet
Toward A Convention For The International Sale Of Real Property: Challenges, Commonalities, And Possibilities, Christopher K. Odinet
Christopher K. Odinet
East Asia’S Engagement With Cosmopolitan Ideals Under Its Trade Treaty Dispute Provisions, Chin Leng Lim
East Asia’S Engagement With Cosmopolitan Ideals Under Its Trade Treaty Dispute Provisions, Chin Leng Lim
Chin Leng Lim
An East Asian view about how trade dispute settlement systems should be designed is slowly emerging. This paper argues that democratically-inspired trade law scholarship and cultural explanations of the international law behaviour of the Southeast and Northeast Asian trading nations have failed to capture or prescribe the actual treaty behaviour of these nations. Instead, such behaviour has resulted in the emergence of two different treaty models for the peaceful settlement of trade disputes. This article traces the practices of the Association of Southeast Asian Nations (ASEAN), together with that of China, Korea, Japan, Australia, and New Zealand. We find two …