Law Commons^™

Achieving Effective Procurement During A Global Crisis: A Study Of The Uncitral Model Law On Public Procurement And The Wto Agreement On Government Procurement, Dmitri Goubarkov

American University International Law Review

The global nature of the COVID-19 pandemic presented unprecedented challenges for public procurement systems around the world. Governments everywhere faced an immense pressure to facilitate the rapid procurement of supplies and services needed to support overburdened health and social care systems. Speed and flexibility were needed to address the shortages of protective personal equipment, distribution of ventilators, and increased demand for medications, all of which required governments to forego traditional public procurement methods. Governments had to balance the underlying principles of their procurement systems—namely, competition, integrity, and transparency—against urgency, and do so in a way that does not erode public …

A Dam Over Troubled Waters? The Obligation To Negotiate In Good Faith In Annex "C" Of The Treaty Of Itaipu, Rene Figueredo Corrales

American University International Law Review

The year 2023 marked the fiftieth anniversary of the entry into force of the Treaty of Itaipú (“the Treaty”). According to paragraph VI of the Treaty, its provisions are to be reviewed after fifty years have elapsed from the date the Treaty entered into force. In October 2021, João Francisco Ferreira, the former Brazilian representative of the Itaipú binational entity, stated in a press conference what seemed to be a new interpretation of the review provision contained in Annex “C” of the Treaty of Itaipú. He noted that there is no obligation to negotiate Annex “C” if an agreement is …

Slavery Still Exists And May Have Produced Your Hairdryer, Katherine Pratty

American University International Law Review

In 2020, the International Labour Organization (“ILO”) estimated that forced labor generated $51 billion USD. Many profiteers are not individual bad actors, but rather, corporations. Recently it came to light that one corporate profiteer is the multinational technology manufacturing company, creator of the most awarded hair care device in 2021: Dyson Limited. While Dyson has received praise for its products, Malaysia charged Dyson’s main production factory, ATA IMS, with labor law violations. Shortly thereafter, in February 2022, UK law firm Leigh Day publicly announced its suit against Dyson on behalf of the workers in Dyson’s Malaysia factory.

This Comment analyzes …

The Validity Of Trade Restrictions On Artificial Intelligence Technology Under The General Agreement On Tariffs And Trade's National Security Exception, Isabelle Brundieck

American University International Law Review

This Comment argues that the U.S. restrictions on the export of semiconductors and other AI technology to China do not violate the General Agreement on Tariffs and Trade 1994 (GATT 1994). Instead, such measures are legitimate expressions under GATT 1994’s Article XXI national security exception, which allows a country to break other articles within the agreement if necessary to protect the country’s essential national security interests. Given the national security risks associated with the rise of AI technology and the likelihood that such technology will be supplied to a military enterprise, the current trade restrictions qualify for the exception. However, …