Open Access. Powered by Scholars. Published by Universities.®
- Institution
Articles 1 - 10 of 10
Full-Text Articles in Law
Public International Law And The Wto: A Reckoning Of Legal Positivism And Neoliberalism, S. G. Sreejith
Public International Law And The Wto: A Reckoning Of Legal Positivism And Neoliberalism, S. G. Sreejith
San Diego International Law Journal
This Article proceeds in five parts. In part one, I review the scholarly skepticism as to how far international law is law in the "hard" sense and show that this skepticism has always permeated the discipline. In part two, I go on to examine what has prompted contemporary scholarship to credit the WTO with helping international law grow out of the "thin" normativity often attributed to it. The analysis suggests that certain features of legal positivism customarily associated with law in its strict sense, which were alleged to be lacking in international law, are found in the institutional apparatus of …
Here There Be Pirates: How China Is Meeting Its Ip Enforcement Obligations Under Trips, Kate Colpitts Hunter
Here There Be Pirates: How China Is Meeting Its Ip Enforcement Obligations Under Trips, Kate Colpitts Hunter
San Diego International Law Journal
This paper will examine whether China is meeting its obligations to protect IP rights under the TRIPS agreement, an international intellectual property trade agreement China acceded to upon joining the World Trade Organization (WTO). Moreover, it will address whether China's increased IP protection in law equals increased protection in fact. Part II will describe China's legal structure, its TRIPS obligations upon joining the WTO, and China's IP laws. Part III will discuss China's enforcement of these IP laws from the perspective of developed nations and from China's own perspective. Part IV includes suggestions on how China can improve its enforcement …
Empathizing With France And Pakistan On Agricultural Subsidy Issues In The Doha Round, Raj Bhala
Empathizing With France And Pakistan On Agricultural Subsidy Issues In The Doha Round, Raj Bhala
Vanderbilt Journal of Transnational Law
Among the most contentious issues (if not the most contentious issue) in the Doha Round negotiations are agricultural subsidies. Developed countries stand accused of selfish adherence to domestic support and export subsidies that impoverish farmers in developing countries. Developing countries are blamed for self-inflicted wounds, caused by stubborn adherence to protectionist policies, covering both agricultural and industrial sectors. Agricultural subsidy cuts, as well as increased market access, are politically impossible for developed countries to concede without reciprocal access from developing countries, not only on farm products, but also in non-agricultural markets and service sectors.
There has been, and continues to …
The Limits Of International Human Rights Law And The Role Of Food Sovereignty In Protecting People From Further Trade Liberalization Under The Doha Round Negotiations, Wenonah Hauter
Vanderbilt Journal of Transnational Law
International free trade agreements under the auspices of the World Trade Organization (WTO) seriously undermine the international human right to adequate food. Conceivably, those deprived should be able to seek redress under Article 11 of the International. Covenant on Economic, Social, and Cultural Rights (ICESCR), which spells out the right to adequate food. Unfortunately, while the concept of the right to adequate food has developed substantially since its inception, its implementation has been slow. It is not a well-developed tool for individuals or the groups representing them to redress harms that will likely result from the current Doha Round negotiations …
Food Safety, South-North Asymmetries, And The Clash Of Regulatory Regimes, Obijiofor Aginam
Food Safety, South-North Asymmetries, And The Clash Of Regulatory Regimes, Obijiofor Aginam
Vanderbilt Journal of Transnational Law
This Article explores the globalization of food safety concerns driven by the phenomenon of economic globalization, and the "legalization" of food safety disputes within the rules-based architecture of the World Trade Organization (WTO). Focusing on the interaction between WTO norms and the treaties of other multilateral organizations, the Article discusses the implications of the "clash of food safety regulatory regimes" for South-North asymmetrical relations between the rich and poor countries. The Article also discusses global economic diplomacy and the emerging WTO jurisprudence on the Agreement on Sanitary and Phyto-Sanitary Measures (SPS) disputes. This Article explores both the perceived and actual …
Anti-Competitive Abuse Of Ip Rights And Compulsory Licensing Through The International Dimension Of The Trips Agreement And The Stockholm Proposal For Its Amendment, Haris Apostolopoulos
Anti-Competitive Abuse Of Ip Rights And Compulsory Licensing Through The International Dimension Of The Trips Agreement And The Stockholm Proposal For Its Amendment, Haris Apostolopoulos
Richmond Journal of Global Law & Business
No abstract provided.
Choosing Between Liberalization And Regulatory Autonomy Under Gats: Implications Of U.S.-Gambling For Trade In Cross Border E-Services, Nancy J. King, Kishani Kalupahana
Choosing Between Liberalization And Regulatory Autonomy Under Gats: Implications Of U.S.-Gambling For Trade In Cross Border E-Services, Nancy J. King, Kishani Kalupahana
Vanderbilt Journal of Transnational Law
In 2005, the World Trade Organization (WTO) Appellate Body presided over United States--Measures affecting the cross-border supply of gambling and betting services (U.S.-Gambling), in which Antigua argued that U.S. criminal laws banning the provision of cross-border online gambling services violate U.S. commitments under the General Agreement on Trade in Services (GATS). For the first time, the WTO's dispute settlement process directly addressed the application of GATS to domestic regulatory barriers restricting cross-border trade in services. This Article examines GATS rules on domestic regulation as well as the WTO Appellate Body and Panel decisions in the case and asks if the …
Liberalizing Trade In Agriculture And Food Security--Mission Impossible?, Christine Kaufmann, Simone Heri
Liberalizing Trade In Agriculture And Food Security--Mission Impossible?, Christine Kaufmann, Simone Heri
Vanderbilt Journal of Transnational Law
The Agreement Establishing the World Trade Organization (WTO) foresees that trade should be conducted with a view to raising standards of living. It is undisputed that raising living standards contributes to the implementation of the right to food. Indeed, state parties to the WTO have obligations regarding the right to food not only under the international trade system, but also under the human rights regime. All WTO state parties are bound by customary human rights law, and most have ratified the International Covenant on Economic, Social, and Cultural Rights, of which Article 11 contains the most important codification of the …
Title Iii Of The Bioterrorism Act: Sacrificing U.S. Trade Relations In The Name Of Food Security, Claire S. Boisen
Title Iii Of The Bioterrorism Act: Sacrificing U.S. Trade Relations In The Name Of Food Security, Claire S. Boisen
American University Law Review
Part I examines in detail the two conflicting laws that are the basis of this Comment—Title III of the Bioterrorism Act and the SPS Agreement—focusing on those portions of Title III that adversely impact international trade. Part I also presents the WTO case EC Measures Concerning Meat and Meat Products (Hormones), the first food regulation case disputed in the WTO system for a violation of the SPS Agreement. This case clarified the two major principles of the SPS Agreement that are explored in this Comment: the prohibition on discrimination and the obligation to support trade–restrictive measures with an analytical risk …
Total Recall On Chinese Imports: Pursuing An End To Unsafe Health And Safety Standards Through Article Xx Of Gatt, Elvira Cortez
Total Recall On Chinese Imports: Pursuing An End To Unsafe Health And Safety Standards Through Article Xx Of Gatt, Elvira Cortez
American University International Law Review
No abstract provided.