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International Law In The Obama Administration's Pivot To Asia: The China Seas Disputes, The Trans- Pacific Partnership, Rivalry With The Prc, And Status Quo Legal Norms In U.S. Foreign Policy, Jacques Delisle
All Faculty Scholarship
The Obama administration’s “pivot” or “rebalance” to Asia has shaped the Obama administration’s impact on international law. The pivot or rebalance has been primarily about regional security in East Asia (principally, the challenges of coping with a rising and more assertive China—particularly in the context of disputes over the South China Sea—and resulting concerns among regional states), and secondarily about U.S. economic relations with the region (including, as a centerpiece, the Trans-Pacific Partnership). In both areas, the Obama administration has made international law more significant as an element of U.S. foreign policy and has sought to present the U.S. as …
International Trade Law And Information Policy: A Recent History, Genevieve B. Tung
International Trade Law And Information Policy: A Recent History, Genevieve B. Tung
Librarian Scholarship at Penn Law
No abstract provided.
Hollow Spaces, Charles H. Brower Ii
Hollow Spaces, Charles H. Brower Ii
Law Faculty Research Publications
No abstract provided.
Extraterritorial Criminal Jurisdiction Under The Antitrust Laws, Herbert J. Hovenkamp
Extraterritorial Criminal Jurisdiction Under The Antitrust Laws, Herbert J. Hovenkamp
All Faculty Scholarship
The Ninth Circuit may soon consider whether challenges to antitrust activity that occurs abroad must invariably be addressed under the rule of reason, which will make criminal prosecution difficult or impossible.
When antitrust cases involve foreign conduct, the courts customarily appraise its substantive antitrust significance only after deciding whether the Sherman Act reaches the activity. Nevertheless, "jurisdictional" and "substantive" inquiries are not wholly independent. Both reflect two sound propositions: that Congress did not intend American antitrust law to rule the entire commercial world and that Congress knew that domestic economic circumstances often differ from those abroad where mechanical application of …
How To Think About Ppms (And Climate Change), Donald H. Regan
How To Think About Ppms (And Climate Change), Donald H. Regan
Book Chapters
The European Commission has apparently backed off from a proposal to tax imported goods produced by methods that generate excessive greenhouse gas emissions. So the issue of whether such a tax would be legal under the WTO has become slightly less urgent than it recently appeared. But Pascal Lamy the Director-General of the WTO still thought the possibility of some countries imposing emission-based trade restrictions was worth mentioning prominently in his speech to the Trade Ministers Conference in conjunction with the Bali Conference on climate change after Kyoto. And at that same conference, an official of the European Commission may …
Crosby And The "One-Voice" Myth In U.S. Foreign Relations, Sarah H. Cleveland
Crosby And The "One-Voice" Myth In U.S. Foreign Relations, Sarah H. Cleveland
Faculty Scholarship
In Crosby v. National Foreign Trade Council, the Supreme Court invalidated a Massachusetts government procurement statute that barred state entities from doing business with companies that did business in Burma. The plaintiffs, an organization of private companies with foreign operations, challenged the law on constitutional and statutory preemption grounds, arguing that it improperly conflicted with federal foreign relations authority. The Supreme Court limited its holding to implied statutory preemption, finding that the Massachusetts provision improperly compromised the President's ability "to speak for the Nation with one voice." Crosby thus joined a long line of decisions in which the Supreme …