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- WTO (2)
- World Trade Organization (2)
- Appellate Body (1)
- Arbitration (1)
- Attorney's Fees (1)
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- CISG (1)
- Developing Countries (1)
- European Court of Justice; Levi Strauss & Co. v. Tesco Stores Ltd.; European Union; consumer rights; "gray market" (1)
- GATT (1)
- General Agreement on Tarrifs and Trade (1)
- Social Regulatory Policy (1)
- United Nations Convention on Contracts for the International Sale of Goods (1)
- WIPO (1)
- World Intellectual Property Organization (1)
- Zapatas Hermanos v. Hearthside Baking (1)
Articles 1 - 4 of 4
Full-Text Articles in Law
Recovering Attorneys' Fees As Damages Under The U.N. Sales Convention (Cisg): The Role Of Case Law In The New International Commercial Practice, With Comments On Zapata Hermanos V. Hearthside Baking, Harry M. Fletcher
Northwestern Journal of International Law & Business
The conclusion I ultimately draw is that, although the holdings of individual cases are ambiguous, as a group the relevant foreign decisions clearly sanction an award of CISG damages to cover attorneys' fees that would not normally be compensable under U.S. national law. As I discuss in Part III of the article, the firmly-established "American rule" on recovery of attorneys' fees is that, in the absence of a statutory or contractual provision to the contrary, each party to a dispute must bear his or her own attorneys' fees. A line of U.S. cases construing Article 2 of the U.C.C. strongly …
Judicial Activism At The World Trade Organizational: Development Principles Of Self-Restraint, J. Patrick Kelly
Judicial Activism At The World Trade Organizational: Development Principles Of Self-Restraint, J. Patrick Kelly
Northwestern Journal of International Law & Business
In a number of recent decisions the AB has begun to grapple in a non-systematic way with both the incorporation and creative interpretation issues.14 These decisions raise serious concerns that the AB is exceeding its authority under the DSU and inappropriately incorporating non-WTO law or interpreting WTO agreements in a manner that diminishes the rights of members. This article explores both the incorporation and creative interpretation questions by assessing the relative merits of three different models of how social regulatory policy might be integrated into WTO decision-making: the Judicial Activist Model, the Contract Model, and the Legislative Model.
Knowledge, Legitimacy, Efficiency And The Institutionalization Of Dispute Settlement Procedures At The World Trade Organization And The World Intellectual Property Organization, Michael P. Ryan
Northwestern Journal of International Law & Business
International legal research regarding international economic dispute settlement tends to be a-theoretical. A theoretically-grounded analytic framework is employed in this article which draws from scholarship from political science, sociology, and economics regarding institutions and international governmental organizations. The knowledge-legitimacy-efficiency analytic framework is applied in this article to studies of General Agreement on Tariffs and Trade (GA TT)/World Trade Organization (WTO) dispute settlement in order to relate this relevant scholarship to the economic field under primary study, Internet domain names. GA TT/WTO knowledge regarding international trade law has thickened through multi-lateral trade negotiations and dispute settlement decisions. The WTO's legitimacy is …
Levi Strauss V. Tesco And E.U. Trademark Exhaustion: A Proposal For Change, Kimberly Reed
Levi Strauss V. Tesco And E.U. Trademark Exhaustion: A Proposal For Change, Kimberly Reed
Northwestern Journal of International Law & Business
When the European Court of Justice ("ECJ") issued its final decision in the case of Levi Strauss & Co. v. Tesco Stores Ltd. in November 2001, affirming Levi Strauss' right to keep cut-price imported Levis out of the European Union ("E.U."), the general public was outraged at the perceived blow to consumer rights. The ECJ's decision to allow Levi Strauss to prohibit "gray market" imports of its jeans from the United States for resale in the United Kingdom at prices much cheaper than Levi Strauss' own U.K. prices was characterized as protecting "big business" at the expense of consumers. While …