Law Commons^™

A Comparative Study Of Copyright Protection In China And The U.S, In The Context Of U.S-China Trade Disputes, Lin Zhu

Theses and Dissertations

Intellectual property rights (IPR) are almost central subjects in US-China relations. The debates between the two countries over IPR protection have been more like an endless chess puzzle. It has become a popular topic to compare the two countries to gain a deep understanding of the legal differences and the reasons of disputes in this regard. To a certain extent, the two countries represent the future course of copyright development. Therefore, this paper attempts to compare the copyright legal system of the two countries by examining the historical development of foreign copyright protection, including domestic legislation and international conventions.

Trade And Environment In Nafta’S Replacement: An Old Gas Guzzler Gets A Paint Job, Geoffrey Garver

Golden Gate University Environmental Law Journal

The North American Free Trade Agreement (NAFTA)2 is now history, and, depending on where you are, as of July 1, 2020, the Canada- United States-Mexico Agreement (CUSMA) in Canada, the United- States-Mexico-Canada (USMCA) in the United States, or the Tratado entre M´exico, Estados Unidos y Canad´a (T-MEC) is in force. The renegotiation of NAFTA fulfilled candidate Donald Trump’s promise to scrap or renegotiate NAFTA in order to protect and restore United States jobs and industrial capacity and increase economic growth, themes that consistently helped define his trade agenda politically as President. But what about the environment? When NAFTA was finalized …

Twenty Years Of Trips, Twenty Years Of Debate: The Extension Of High Level Protection Of Geographical Indications – Arguments, State Of Negotiations And Prospects, Friederike Frantz

Annual Survey of International & Comparative Law

This paper illustrates the current protection of Geographical Indications (GIs) in TRIPS, the arguments of the parties for and against the high level protection extension and the state of negotiations, with a focus on the European Union (EU) and the U.S. as major advocates for each side of the discussion. The paper examines the prospects of a potential agreement in the extension debate within the WTO and looks at the influence of free trade agreements on the GI extension issue.

Return Innocent U.S. Citizen Trapped In Egypt's Legal Black Hole, Erica L. Morris

GGU Law Review Blog

Mr. Soltan is an innocent young adult, a college graduate of the Ohio State University, and a fellow United States citizen. His human rights have been violated to an outrageous level, and he is being denied due process in all sense of the phrase. It is time the United States government turns its attention to Mr. Soltan’s situation. It is time to demand that the Egyptian government present substantial evidence of Mr. Soltan’s guilt and of the crimes he has allegedly committed; it is time to demand that they provide him with basic due process and human rights afforded to …

The Hashemite Kingdom Of Jordan’S Legal, Economic And Fiscal Empowerment Through Commerce And Active Trade Agreements, Thouqan Makableh

Theses and Dissertations

This dissertation analyzes whether international trade agreements, to which the Kingdom of Jordan is a party, and its legal framework, along with economic policies, have an impact on Jordan's organization of economic activities, particularly with respect to patterns of international trade. This dissertation further analyzes whether Jordan's commitment and subsequent policies to increase its economic growth are important determinants of its comparative advantage in the region, and researches whether the policies implemented to build international trade actually lead to an efficient, growing, and sustainable economy.

This dissertation takes a close look at all those aspects of economic, financial, and commercial …

Infuturia Global Ltd. V. Sequus Pharmaceuticals, Inc.: The Breadth Of Removal Jurisdiction Under 9 U.S.C. § 205, Conor Burden Leonard

Golden Gate University Law Review

In Infuturia Global Ltd. v. Sequus Pharmaceuticals, Inc., the U.S. Court of Appeals for the Ninth Circuit analyzed the scope of federal removal jurisdiction over matters related to certain international arbitration agreements and awards. In doing so, the Ninth Circuit articulated a broad standard to determine whether a federal court is an appropriate forum to hear a dispute related to a foreign arbitration agreement or award. The Ninth Circuit interpreted the key language of the relevant provision to permit removal whenever there is an arbitral award or agreement that “could conceivably affect the outcome of the plaintiff’s suit.”

Overcoming Jurisdictional Obstacles To Feed-In Tariffs In The United States, John Perkins

Golden Gate University Law Review

This Comment provides a brief survey of the current rules that delineate federal and state jurisdiction over electrical energy in the United States. Part II also discusses three important exceptions to these jurisdictional rules. This Comment then examines the FIT in the scheme of federal versus state jurisdiction. Part III discusses the value of the FIT and then analyzes the development of current jurisdictional rules that make state-law FITs untenable in the current legal landscape. Finally, Part IV proposes a solution in the form of a jurisdictional carve-out modeled on the Rural Electrification Act, an initiative that the federal government …

Requiring Exhaustion: An International Law Perspective Of The Alien Tort Claims Act In Sarei V. Rio Tinto, Steffanie Bevington

Golden Gate University Law Review

This Note will analyze the opinion of the three-judge panel of the Ninth Circuit regarding exhaustion of local remedies in Sarei. The panel majority concluded that the court could not read an exhaustion requirement into the ATCA "where Congress has declined to do so, and in an area of international law where the Supreme Court has called for the exercise of judicial caution rather than innovation." The Ninth Circuit has granted en banc rehearing in Sarei, and the matter remained pending as this Note went to press. However, regardless of whether the en banc panel can or should read an …

International Investment, Expropriation And Environmental Protection, J. Martin Wagner

Golden Gate University Law Review

After a brief description of the relationship between foreign investment and the environment in Part II, the Article will describe the protection against expropriation provided by international agreements, briefly discussing bilateral investment agreements and then detailing the protection provided by NAFTA and the MAI in Part III. Part IV will then describe the challenges to environmental laws that have been brought under NAFTA's investment chapter. Next, Part V will examine the treatment of indirect expropriation under U.S. and international law. Part VI will demonstrate that, under NAFTA and international expropriation and environmental law, environmental measures should not normally give rise …

The Environmental Challenge Of The Common Market In South America: Rema Under Mercosur, Pedro Villegas

Golden Gate University Law Review

This article will first discuss the type of cooperation that MERCOSUR provides for negotiation of trade and environmental policies. Comparison with the NAFTA illustrates the limited range of MERCOSUR initiatives beyond trade policies and its defense within general inter-American development debates. Second, the article offers a profile of current Southern Cone environmental challenges. Third, the article lays out MERCOSUR's environmental policies and the paucity of progress made in adequately addressing those environmental challenges.

The Unidroit Convention: Attempting To Regulate The International Trade And Traffic Of Cultural Property, Monique Olivier

Golden Gate University Law Review

This Comment will begin by providing a background of the various types of art theft and the steps, including the UNESCO Convention, the US Cultural Property Implementation Act and the EC Directive and Regulation, that European countries and the United States have taken to curb the illicit trade in works of art. This Comment will then examine the recently enacted UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects (hereinafter "UNIDROIT Convention") and discuss why art importing nations oppose it. This Comment will conclude that because the final draft of the UNIDROIT Convention contains many provisions that the museum community …

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

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

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

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

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

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

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

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

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

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

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.

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

Annual Survey of International & Comparative Law

No abstract provided.

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

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.

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.

Strengthening And Deepening Asean Economic Integration Through The Asean Free Trade Area : Legal Aspects Of The Implementation Of Afta, Nimnual Piewthongngam

Theses and Dissertations

The dissertation discusses the formation of ASEAN and AFTA, the underlying principles of AFTA, and particularly the tenor and timeframe for the implementation of the commitments of Member States under the Agreement on Common Effective Scheme for ASEAN Free Trade Area.

The Challenges Of Climate Change Regulation For Governments On The Political Left: A Comparison Of Brazilian And United States Promises And Actions, Colin Crawford, Solange Teles Da Silva, Kevin Morris

Publications

At the December 2009 United Nations Climate Change Conference in Copenhagen, as is now well known, the parties failed to agree on any detailed course of action, much less enter into a binding agreement to control carbon emissions. However, four developing countries, Brazil, China, India and South Africa, formed a working group now known as "BASIC," and promised to try and resolve at least one key sticking point. Specifically, the BASIC countries brokered an accord with the United States under which both developing and more developed nations would later submit carbon emissions target cuts.

Pharmaceutical Data Protection Law And Policy And Their Effects On The Right To Medicines : A Comparative Analysis, Yun-Ching Yeh

Theses and Dissertations

To examine the compatibility between data protection and the right to access medicines in the current data protection regimes, this study examines the concept of data protection in current legal regimes, examine exclusive data protection regime, discusses the impact of the right to medicines on data protection regime, finally provide sound legal reform and recommendations to improve the protection of pharmaceutical data. In its entirety, this research aims at researching the protection regime of pharmaceutical data from top to bottom; therefore, this research conducts a comprehensive analysis within three dimensions of protections: first, the international dimension represented by TRIPS, second; …