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Articles 1 - 15 of 15
Full-Text Articles in Law
Fish Or Fowl? The Nature Of Wto Dispute Resolution Under Trips, Anne Hiaring
Fish Or Fowl? The Nature Of Wto Dispute Resolution Under Trips, Anne Hiaring
Annual Survey of International & Comparative Law
This note discusses the procedure of dispute resolution in the World Trade Organization (WTO). The note goes on to discuss WTO disputes involving intellectual property to date and the possible impacts of the WTO dispute resolution procedures on the determination of substantive issues of intellectual property law, using dispute WS 160 involving the Fairness in Music Licensing Act, as an example. The note concludes that the same concerns about lack of due process and inability of amici to appear in the proceedings that cause concern in the environmental field are also causes of concern with respect to intellectual property rights …
Economic Justification For Sui Generis Databases, Chana Rungrojtanakul
Economic Justification For Sui Generis Databases, Chana Rungrojtanakul
Annual Survey of International & Comparative Law
This article explores important economic mechanisms and competition law that have been used to promote the competitiveness of the database industries. Section II explains fundamental economic theories that lead to an understanding of the concept of an efficient and perfect competition within the database industries. Section III analyzes judicial decisions of the two economic parties, the European Union and the United States of America, that apply competition law to create a fair reproduction and dissemination of factual contents and to prevent unfair competition derived from an attempt to dominate the free flow of contents in the market. Section IV examines …
Asem: A Promising Attempt To Overcome Protective Regionalism And Facilitate The Globalization Of Trade, Simone Suelzer Mccormick
Asem: A Promising Attempt To Overcome Protective Regionalism And Facilitate The Globalization Of Trade, Simone Suelzer Mccormick
Annual Survey of International & Comparative Law
ASEM stands for Asia Europe Meeting and can be described as an open, mostly informal dialogue-based process. While ASEM's main interest is to establish closer economic cooperation between the two continents, it simultaneously seeks to create a foundation of cooperation based on political as well as social dialogue.
Note On Cambodia's And Nepal's Accession To The World Trade Organization, Ramesh Bikram Karky
Note On Cambodia's And Nepal's Accession To The World Trade Organization, Ramesh Bikram Karky
Annual Survey of International & Comparative Law
No abstract provided.
The Common Market Of The South (Mercosur): Models And Qualitative Mutations For Consolidating An Integrated Economic Area, Paulo Borba Casella
The Common Market Of The South (Mercosur): Models And Qualitative Mutations For Consolidating An Integrated Economic Area, Paulo Borba Casella
Annual Survey of International & Comparative Law
Contemporary analysts tend to characterize economic integration and the consolidation of economic blocs as either as a solution or a threat, depending on their geographical position and intellectual perspective. Whether a commentator is located within or outside of a particular bloc, there is a common tendency to identify the negative or positive consequences of integration in that geographic region, both for the countries immediately involved, as well as for world trade as a whole. My overarching perspective is that the MERCOSUR integration process does not suffer from conceptual vices. However, it contains gaps and faces obstacles that stem from implementation …
The Nafta Environmental Framework, Chapter 11 Investment Provisions, And The Environment, Francisco Nogales
The Nafta Environmental Framework, Chapter 11 Investment Provisions, And The Environment, Francisco Nogales
Annual Survey of International & Comparative Law
In this paper, the author will discuss some of the environmental issues surrounding two parts of the NAFTA machinery based on recent developments. Written in seven parts, Part II provides the NAFTA historical background. Part III discusses the NAFTA Environmental Framework, and Part IV discusses the NAFTA Chapter 11 Investment Provisions. Part V reviews the Submissions of Environmental Enforcement Matters and provides recent academic criticisms of the CEC Process and NAFTA Chapter 11 based on NAFTA environmental studies. Part VI reviews critical Chapter 11 cases. Part Vll provides critique and recommendations on how improvements might be made, and Part VIII …
Multinational Corporations And Compliance With International Regulations Relating To The Petroleum Industry, Emeka Duruigbo
Multinational Corporations And Compliance With International Regulations Relating To The Petroleum Industry, Emeka Duruigbo
Annual Survey of International & Comparative Law
This article is divided into three major sections. The first section defines the terms "compliance" and "enforcement" as they are used in this work. The second section contains an exposition of the traditional methods of compliance and enforcement, including their bases, scope, strengths and pitfalls. This part is divided into three subsections, each concentrating on a single method. The third section discusses an alternative approach of a norm of corporate behavior, emphasizing that ethical principles should be given legal teeth in international business and be integrated into the corpus of international law. The conclusion reached is that a concerted and …
Technical Barriers To Trade Under Nafta: Harmonizing Textile Labeling, Joshua A. Escoto
Technical Barriers To Trade Under Nafta: Harmonizing Textile Labeling, Joshua A. Escoto
Annual Survey of International & Comparative Law
This paper takes an in-depth look at the North American Free Trade Agreement ("NAFTA") and its impact on technical regulations as barriers to trade, specifically, domestic labeling requirements in the textile industry. Part II will examine the international textile trade, NAFTA's standards'-related measures ("SRM"), and the administrative frameworks of Canada, Mexico and the United States. Part III will examine domestic textile labeling requirements, analyze the movement towards harmonization, and offer recommendations for NAFTA and future international trade agreements.
Unfair Competition Online And The European Electronic Commerce Directive, Marike Vermeer
Unfair Competition Online And The European Electronic Commerce Directive, Marike Vermeer
Annual Survey of International & Comparative Law
The Internet offers companies, including small businesses, the chance to operate in a worldwide market. Recognition of the Internet as a commercial communication medium has stimulated many companies to experiment with new ways of marketing through web sites and e-mail. Let us take as a sample case a small Italian olive oil company selling its olive oil through the Internet to the entire world, and let us assume that this company is called Carbonara Olive Oil SpA. This article discusses how Carbonara can use the Internet in its search for new customers, and how that use might constitute an act …
The Role Of Apec In The Achievement Of Regional Cooperation In Southeast Asia, Lorraine C. Cardenas, Arpaporn Buranakanits
The Role Of Apec In The Achievement Of Regional Cooperation In Southeast Asia, Lorraine C. Cardenas, Arpaporn Buranakanits
Annual Survey of International & Comparative Law
The Asia Pacific Economic Cooperation (APEC) forum represents a major achievement of regional cooperation in Southeast Asia. APEC's successes have resulted from its informal and amorphous nature, and reflect the fact that the forum constitutes a process for cooperation, rather than an institution. The authors trace the origins and history of APEC, follow developments through the various ministerial meetings, and assess APEC's accomplishments in the areas of trade liberalization, dispute resolution, and the environment. The authors conclude, in view of the diverse interests of its members, that APEC's focus on openness, voluntariness, and decentralization will continue to foster regional cooperation …
Virtual Reality And Reality: The East Asian Nics And The Global Trading System, Ernesto M. Hizon
Virtual Reality And Reality: The East Asian Nics And The Global Trading System, Ernesto M. Hizon
Annual Survey of International & Comparative Law
In this study, the GATT/WTO "system" will first be distinguished from the actual global trade regime as it developed in the context of the emerging East Asian economies. Next will follow a brief narrative history of the rise of the East. Asian NICs from a less than idealistic perspective. With the historical context in place, the article then delves into the concept of "fairness" and the WTO dispute settlement mechanism, placing the rules embodied in the procedure in situational context vis-a-vis developing countries. The changing center of gravity within the system is then illustrated by discussion of the WTO's shift …
The Resolution Of Transnational Commercial Disputes: A Perspective From North America, George W. Coombe Jr.
The Resolution Of Transnational Commercial Disputes: A Perspective From North America, George W. Coombe Jr.
Annual Survey of International & Comparative Law
The author delivered these remarks on March 20, 1998 at Golden Gate University School of Law at the Seventh Regional Meeting of the American Society of International Law, held in conjunction with the Eighth Annual Fulbright Symposium on International Legal Problems.
Conflicts Between International Trade And Multilateral Environmental Agreements, Annick Emmenegger Brunner
Conflicts Between International Trade And Multilateral Environmental Agreements, Annick Emmenegger Brunner
Annual Survey of International & Comparative Law
No abstract provided.
The Unidroit Principles And Nafta, Jorge Adame
The Unidroit Principles And Nafta, Jorge Adame
Annual Survey of International & Comparative Law
While NAFTA has set the public-policy stage for free trade, it still lacks a non-national law with which to resolve disputes arising from international contracts. The author points out that among the challenges involved in developing an international law on contracts is a merging of the Common Law and Roman Law traditions. He examines the Principles of International Commercial Contracts, published in 1994 by the International Institute for the Unification of Private Law (UNIDROIT), and finds in them the most promising available starting point for building the needed theory and corpus of international contact law. The author also sees a …
Trips Agreement Implications For Asean Protection Of Computer Technology, Marie Wilson
Trips Agreement Implications For Asean Protection Of Computer Technology, Marie Wilson
Annual Survey of International & Comparative Law
The new Trade-Related Aspects of Intellectual Property Agreement (the TRIPs Agreement), a result of the recent General Agreement of Tariffs and Trade (GATT) Uruguay Round, represents a major step toward providing the global trading system with more effective rules and enforcement procedures for the protection of all forms of intellectual property. The author presents a comprehensive analysis of the TRIPs Agreement requirements and of their ramifications for intellectual property protection and enforcement in the Association of East Asian Nations (ASEAN). The paper concludes with an assessment of the future ofcomputer technology protection in the ASEAN countries.