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Articles 1 - 9 of 9

Full-Text Articles in Law

Executive-Branch Rulemaking And Dispute Settlement In The World Trade Organization: A Proposal To Increase Public Participation, Aubry D. Smith Mar 1996

Executive-Branch Rulemaking And Dispute Settlement In The World Trade Organization: A Proposal To Increase Public Participation, Aubry D. Smith

Michigan Law Review

This Note argues that, because the Executive Branch increasingly will be promulgating domestic regulatory rules intended to comply with the rules of the world-trading system, it is necessary to increase formal oversight of the Executive Branch's role in that context. Part I argues that the United States' participation in the WTO implies a substantial increase in the impact of foreign policy on domestic policy. Part II points out a loophole in Congress's attempt to compensate for this increase by installing various devices to ensure political oversight of the Executive: the Executive Branch is subject, under the Uruguay Round Agreements Act …


The Legal Environment Of International Finance: Thinking About Fundamentals, Merritt B. Fox Jan 1996

The Legal Environment Of International Finance: Thinking About Fundamentals, Merritt B. Fox

Michigan Journal of International Law

Review of International Finance: Transactions, Policy, and Regulations by Hals S. Scott and Philip A. Wellons


Reformulated Gasoline Under Reformulated Wto Dispute Settlement Procedures: Pulling Pandora Out Of A Chapeau?, Jeffrey Waincymer Jan 1996

Reformulated Gasoline Under Reformulated Wto Dispute Settlement Procedures: Pulling Pandora Out Of A Chapeau?, Jeffrey Waincymer

Michigan Journal of International Law

Part I of the article begins by outlining existing GATT/WTO provisions concerning trade-related environmental measures which were relevant to the Reformulated Gasoline case. Part II then outlines the facts in the dispute and gives a brief introduction to the decisions at the Panel and Appellate Body stages. Part III deals with the present and potential implications for the appellate process in terms of the substance of the dispute, the methodology and procedure adopted, and the wider issues that the case brings to attention. This Part also addresses some of the theoretical and practical issues that affect the question of the …


Theft By Territorialism: A Case For Revising Trips To Protect Trademarks From National Market Foreclosure, Beth Fulkerson Jan 1996

Theft By Territorialism: A Case For Revising Trips To Protect Trademarks From National Market Foreclosure, Beth Fulkerson

Michigan Journal of International Law

This Note will argue that the "well-known mark" standard of the Paris Convention, which is also adopted by the Agreement on Trade-Related Aspects of Intellectual Property Rights, Including Trade in Counterfeit Goods (TRIPS), the North American Free Trade Agreement (NAFTA), and the European Community (EC), is an artifact of an era when markets were circumscribed by national borders and granting a monopoly on a trademark in one country on the basis of its use in another was unreasonable because the likelihood of confusion was minimal. Today, however, the trademark originator's intent to expand beyond its original market should be presumed. …


World Trade And The Environment: The Cafe Case, Eric Phillips Jan 1996

World Trade And The Environment: The Cafe Case, Eric Phillips

Michigan Journal of International Law

This Note examines the CAFE case in the context of the debate over trade and the environment. It argues that the panel decision has aspects that support the notion that the international trading system can be compatible with efforts to protect the environment, and also has aspects that demonstrate that these do indeed clash, limiting efforts to protect the environment. Part I of this Note describes the CAFE law and places it in the context of domestic and international efforts to prevent global warming. Part II examines the panel's decision, arguing that the panel acted well within the scope of …


American Bar Association Section Of International Law And Practice Standing Committee On World Order Under Law Report To The House Of Delegates: International Monetary Fund And The World Bank Group, Michael A. Heller, H. Francis Shattuck Jr. Jan 1996

American Bar Association Section Of International Law And Practice Standing Committee On World Order Under Law Report To The House Of Delegates: International Monetary Fund And The World Bank Group, Michael A. Heller, H. Francis Shattuck Jr.

Articles

The International Monetary Fund (IMF) and the World Bank Group are the subjects of this report. The report, with its accompanying recommendation, is one of several reports on selected United Nations specialized agencies and the International Atomic Energy Agency. The report has been developed by the Section of International Law and Practice, International Institutions Committee, through its Working Group on UN Specialized Agencies. This is a contribution to the 50th Anniversary of the United Nations in fulfillment of the American Bar Association's Goal VIII-to advance the rule of law in the world. The accompanying recommendation addresses issues of an enhanced …


Globalisation Of Contract Law: Rules For Commercial Contracts In The 21st Century, Whitmore Gray Jan 1996

Globalisation Of Contract Law: Rules For Commercial Contracts In The 21st Century, Whitmore Gray

Articles

This is a paper given at the Asia-Pacific Lawyers Association meeting held in Bangkok in November 1995. The author describes the principles of international commercial contracts published in 1994 by the International Institute for the Unification of Private Law. Professor Gray sees a new era of harmonisation of contract law. An appendix gives an abstract of a contract law decision given by an Austrian Court in 1994.


Trade And The Environment: Equilibrium Or Imbalance?, Douglas J. Caldwell, David A. Wirth Jan 1996

Trade And The Environment: Equilibrium Or Imbalance?, Douglas J. Caldwell, David A. Wirth

Michigan Journal of International Law

Review of Greening the GATT: Trade, Environment, and the Future by Daniel C. Esty; Freer Trade, Protected Environment: Balancing Trade Liberalization and Environmental Interests by C.Ford Runge, François Ortalo-Magné, and Philip Vande Kamp; Trade and the Environment: The Search for Balance (James Cameron, Paul Demaret & Damien Geradin, eds.); and Trading Up: Consumer and Environmental Regulation in a Global Economy by David Vogel


The Beginnings Of The Rule Of Law In The International Trade System Despite U.S. Constitutional Constraints, Yong K. Kim Jan 1996

The Beginnings Of The Rule Of Law In The International Trade System Despite U.S. Constitutional Constraints, Yong K. Kim

Michigan Journal of International Law

This study focuses on the emergence of ROL in U.S. international trade policy, a development which merits closer examination for the following reasons. First, the United States must still be considered the leader in international trade policy, and a ROL order without the most important trading entity would make little sense. Second, the United States is probably the foremost proponent of instituting a ROL order in international trade, though, ironically, it may also be the prime culprit in adhering to certain power-ordered relationships. Third, it seems only fair, if not natural, to extend the United States' domestic respect for the …