Law Commons^™

A Blueprint For A New American Trade Policy, Timothy Meyer, Ganesh Sitaraman

Timothy Meyer

In recent years, it has become clear that American trade policy needs to change. For decades, U.S. policy has reflected the implicit assumption that trade liberalization is beneficial for everyone, with few distributional downsides over time. But this assumption hasn’t been borne out. Instead, decades of trade liberalization have led to a backlash that resulted in both 2016 presidential nominees opposing the Obama Administration’s proposed Trans Pacific Partnership (TPP). And since 2017, President Donald Trump has begun a trade war with China; raised tariffs on the grounds of protecting national security; renegotiated NAFTA, though on terms that do not obviously …

A Blueprint For A New American Trade Policy, Timothy Meyer, Ganesh Sitaraman

Ganesh Sitaraman

In recent years, it has become clear that American trade policy needs to change. For decades, U.S. policy has reflected the implicit assumption that trade liberalization is beneficial for everyone, with few distributional downsides over time. But this assumption hasn’t been borne out. Instead, decades of trade liberalization have led to a backlash that resulted in both 2016 presidential nominees opposing the Obama Administration’s proposed Trans Pacific Partnership (TPP). And since 2017, President Donald Trump has begun a trade war with China; raised tariffs on the grounds of protecting national security; renegotiated NAFTA, though on terms that do not obviously …

Trade, Distribution And Development Under Supply Chain Capitalism, Dan Danielsen

Dan Danielsen

Between Dialogue And Decree: International Review Of National Courts, Robert B. Ahdieh

Robert B. Ahdieh

Recent years have seen dramatic growth in the number of international tribunals at work across the globe, from the Appellate Body of the World Trade Organization and the International Tribunal for the Law of the Sea, to the Claims Resolution Tribunal for Dormant Claims in Switzerland and the International Criminal Court. With this development has come both increased opportunity for interaction between national and international courts and increased occasion for conflict. Such friction was evident in the recent decision in Loewen Group, Inc. v. United States, in which an arbitral panel constituted under the North American Free Trade Agreement found …

The Role And Future Of Sovereign Wealth Funds: A Trade And Investment Perspective, Locknie Hsu

Locknie HSU

Sovereign wealth funds ("SWFs") have been greeted with bothenthusiasm and suspicion. In one respect, they have been called "white knights," where they step in to inject financing to troubledentities.' In others, they have been called "Trojan horses" and"chameleons."

Transparency In International Commercial Arbitration, Catherine A. Rogers

Catherine Rogers

Scholars have long been making the case for expanding transparency in the international commercial arbitration system, but recently these proposals have taken on a greater sense of urgency and an apparent willingness to forcibly impose transparency reforms on unwilling parties. These new transparency advocates exhort the general public's stakehold in many issues being arbitrated, which they contend necessitates transparency reforms, including compulsory publication of international commercial arbitration awards. In this symposium essay, I begin by developing a definition of transparency in the adjucatory setting, and conceptually distinguishing from other concepts, like "public access" and "disclosure," which are often improperly treated …

The External Dimension Of Eu Investment Law.Pdf, Fernanda Nicola

Fernanda G. Nicola

Proceedings Of The Third Annual Legal & Policy Issues In The Americas Conference (2002) -- V. The Export Of Medical Supplies And Agriculture Products In Cuba -- D. Cuban Economic Relations, Berta E. Hernández-Truyol

Berta E. Hernández-Truyol

Proceedings of the Third Annual Legal & Policy Issues in the Americas Conference (2002)

The Commonwealth's Treaty-Making Process, Matthew Rimmer

Matthew Rimmer

Considering both the situation in Australia and the United States, the Commonwealth’s Treaty-Making Process is broken. There have been significant problems in respect of transparency, public participation, empirical analysis, and parliamentary oversight. In addition, there has been a concern that the Commonwealth’s Treaty-Making Process has failed to adequately address matters of fair trade. In particular, there is a need to engage a comprehensive assessment of the impacts of international agreements upon the environment, public health, labor rights, and human rights. Such problems have been particularly pronounced during the negotiations over the regional trade agreement, the Trans-Pacific Partnership. Having participated in …

Disciplining Globalization: International Law, Illegal Trade, And The Case Of Narcotics, Chantal Thomas

Chantal Thomas

No abstract provided.

International Exchange And Trade In Cultural Objects, Ana Filipa Vrdoljak

Ana Filipa Vrdoljak

The legal protection of movable cultural heritage at the international level has been defined by a perennial tug-of-war between forces promoting international exchange and those seeking regulation of the transfer of the cultural objects. Shifts over the last century in how the balance between these twin aims is achieved reflect changes in the composition of Member States of intergovernmental organizations and their corresponding changing priorities. In the early twentieth century, the balance fostered under the League of Nations favored a cosmopolitan view promoting the circulation and interchange of cultural material to further knowledge and mutual understanding between peoples. The balance …

Claims Under The Administrative Procedure Act Before The Court Of International Trade — A General Overview And Analysis Of Significant Recent Jurisprudence, Mark A. Moran, Wentong Zheng

Wentong Zheng

At first blush, the subject matter of this paper would seem a particularly anomalous topic for discussion at a conference devoted to the jurisprudence of the U.S. Court of International Trade (“CIT”). After all, among the some four thousand published decisions the CIT has issued since its creation in 1980, relatively few have involved causes of action predicated explicitly on the Administrative Procedure Act (“APA”). One might reasonably ask why we should bother devoting an entire panel discussion to an issue that so infrequently commands the CIT’s attention. The first answer is that all is not as it seems, and …

A Supplementary Submission On Trojan Horse Clauses: Investor-State Dispute Settlement, Matthew Rimmer

Matthew Rimmer

Executive Summary This supplementary submission considers a number of new developments in Investor-State Dispute Settlement in Canada, North America, the European Union, and Africa. This supplementary submission highlights the application of Investor-State Dispute Settlement in the context of water rights, intellectual property, and media regulation. This supplementary submission also highlights the conflict between domestic courts and international tribunals in Investor-State Dispute Settlement, raising significant issues about the rule of law and justice. Recommendation 14 In light of the work of Maude Barlow and the Council of Canadians, it is evident that Investor-State Dispute Settlement has a significant impact upon water …

The Cost Of Doing Business In Asia: A Comparative Legal Study Of Environmental Regulations In The Emerging Markets Of Thailand, Malaysia, And Indonesia, Brooke R. Padgett

Brooke R. Padgett

Abstract: This article explores whether voluntary standards, customary law, or more binding bilateral investment treaties are best for corporations, the emerging markets of Thailand, Indonesia, and Malaysia, and the environment itself. While corporations, markets, and the environment facially seem to have divergent priorities, environmental disasters are more costly after the fact than they are to prevent so in reality their priorities may not be so different after all. Some of the potential issues the paper will examine and address are big picture macro level such as fairness to future generations, intergenerational rights; the actual cost through questions of polluter pays, …

Lock The Gate: Fracking, Investor-State Dispute Settlement, And The Trans-Pacific Partnership, Matthew Rimmer

Matthew Rimmer

Using Trade To Enforce International Environmental Law: Implications For United States Law, Mary Ellen O'Connell

Mary Ellen O'Connell

No abstract provided.

A Failure To Consider: Why Lawmakers Create Risk By Ignoring Trade Obligations, David R. Kocan Professor

David R. Kocan Professor

The U.S. Congress frequently passes laws facially unrelated to trade that significantly impact U.S. trade relations. These impacts are often harmful, significant, and long-lasting. Despite this fact, these bills rarely receive adequate consideration of how they will impact trade. Without this consideration, Congress cannot properly conduct a cost-benefit analysis necessary to pass effective laws. To remedy this problem, the U.S. Trade Representative should evaluate U.S. domestic law to determine whether it is consistent with international trade obligations. Moreover, the U.S. Congress committee structure should be amended so that laws that might impact trade are considered within that light. In the …

Reactive And Pre-Emptive Use Of Anti-Dumping Measures In The Post-Quota Textiles & Clothing Trade, Umair H. Ghori

Umair H. Ghori

Textiles and clothing (T&C) sector is of critical importance to developing countries/Least developed countries (LDCs). With the expiration of quotas in 2005, many developing countries/LDCs have experienced considerable adjustment challenges. With the end of quotas and the increase in competitive pressures on countries, use of anti-dumping measures, has become increasingly attractive as a market protection mechanism. This presentation assesses the use of anti-dumping measures in T&C sector through two possible application scenarios i.e. developing-to-developing countries and developed-to-developing countries. The presentation refers to earlier work done by Chad Bown on the Endogenous Trade Policy theory and would extend Bown’s analysis to …

Initiatives On Ip Enforcement Beyond Trips: The Anti-Counterfeiting Trade Agreement And The International Medical Products Anti-Counterfeiting Task Force, Christoph Antons, Gabriel Garcia

Dr Gabriel Garcia

No abstract provided.

Future Direction Of Global Textiles & Clothing Trade: Issues In Trade Policy, Umair Ghori

Umair H. Ghori

No abstract provided.

Quotas, Safeguards And Conflicting Interests In Global Textiles & Clothing Trade, Umair H. Ghori

Umair H. Ghori

No abstract provided.

Do Stronger Patent Rights Raise High-Tech Exports To The Developing World?, Olena Ivus

Olena Ivus

Despite over 20 years of debate, the TRIPs agreement remains very contentious. This paper evaluates the impact of strengthening patent rights (PRs) in developing countries on developed countries' exports over the 1962–2000 period. Colonial origin is used to isolate exogenous variation in PRs. The impact is then identified by examining the cross-industry difference in sensitivity to PRs. I find that the increase in PRs made in response to the TRIPs agreement added about $35 billion (2000 US dollars) to the value of developed countries' patent-sensitive exports into 18 developing countries. This amount is equivalent to an 8.6% increase in these …

Asean & South Asia; Victims & Winners In Textiles & Clothing Trade After Quota Expiry, Umair Ghori

Umair H. Ghori

No abstract provided.

Wto Nama Negotiations & The Global Textiles & Clothing Trade: Reconciling The Irreconcilable Amid The Financial Meltdown, Umair H. Ghori

Umair H. Ghori

Textiles & Clothing (T&C) is a sector of world trade that is critical to the sustenance of developing economies. This sector is not only important in terms of export earnings but also in terms of providing employment to millions of people. With the end of quotas on 1 January 2005, this sector was integrated into the GATT/WTO framework. This entailed a process of readjustment for many countries that are overwhelmingly dependent on T&C to sustain economic activities especially those that do not possess comparative advantage in T&C manufacturing and owed the existence of these industries solely on the basis of …

Commercial Contracts In Muslim Countries Of The Middle East: A Comparison With The United States, Jacqueline Mccormack

Jacqueline McCormack

As the emerging markets of the Middle East continue to grow, the ability to trade goods internationally will help to solidify these ever increasing economic ties. This paper attempts to explain the theories and thought processes surrounding contracts for the sale of goods in Muslim countries. My purpose is to address the important similarities and differences between commercial contracts in the United States and commercial contracts in Muslim countries of the Middle East. Hopefully, by forging ever stronger trade relationships between the United States and the Middle East, these two culturally rich regions will learn to tolerate each other’s differences …

Rising To The Challenge: Asian Survivors Of The Quota Expiry In Global Textiles And Clothing Trade, Umair Ghori

Umair H. Ghori

Developing countries, including least developed countries (LDCs), extensively rely on textiles and clothing (T&C) industry for employment and export earnings. They face serious adjustment challenges in post – quota expiry period. The available statistics have proven that many pre-elimination predictions were inaccurate and that the current state of affairs raises particular legal issues for these countries especially those considered in this article. The aim of this article is to briefly highlight major issues in the context of the evolving global trade in T&C from an Asian developing country perspective after expiration of quotas. The article would also assess some of …

Labor Rights In The Generalized System Of Preferences: A 20-Year Review, Lance A. Compa, Jeffrey S. Vogt

Lance A Compa

[Excerpt]In the fall of 1982, a small group of labor, religious, and human rights activists began charting a new course for human rights and workers' rights in American trade policy. The principles of these labor rights advocates were straightforward: 1. No country should attract investment or gain an edge in international trade by violating workers' rights; 2. No company operating in global trade should gain a competitive edge by violating workers' rights; and, 3. Workers have a right to demand protection for labor rights in the international trade system, and to have laws to accomplish it. The coalition that took …