Law Commons^™

Saving The Wto From The Risk Of Irrelevance: The Wto Dispute Settlement Mechanism As A ‘Common Good’ For Rta Disputes, Henry Gao, Chin Leng Lim

Research Collection Yong Pung How School Of Law

Over the past few decades, Regional Trade Agreements (RTAs) have proliferated globally. Such proliferation of RTAs created a renewed sense of urgency for the WTO to take action in order to avoid the fate of being eclipsed into irrelevance. There are several options for coping with the challenge. Theoretically speaking, the best approach would be to heighten the level of ambition in global trade talks to reduce all trade barriers to zero so that the discriminatory effect created by RTAs could be reduced or even eliminated. In reality, such an approach would be impossible for well-known reasons. The next best …

Insource The Shareholding Of Outsourced Employees: A Global Stock Ownership Plan, Robert C. Hockett

Cornell Law Faculty Publications

With the American economy stalled and another federal election campaign season well underway, the “outsourcing” of American jobs is again on the public agenda. Latest figures indicate not only that claims for joblessness benefits are up, but also that the rate of American job-exportation has more than doubled since the last electoral cycle. This year’s political candidates have been quick to take note. In consequence, more than at any time since the early 1990s, continued American participation in the World Trade Organization, in the North American Free Trade Agreement, and in the processes of global economic integration more generally appear …

International And Comparative Aspects Of Trademark Dilution, Mark D. Janis, Peter K. Yu

Faculty Scholarship

Extract:

In the United States, trademark antidilution protection is back—maybe. Proposed by Frank Schechter in the 1920s, adopted in various incarnations in some states over the next few decades, and ultimately introduced in a slightly different form in federal trademark law in 1995, the dilution provisions drew a cool reception in the courts. By the late 1990s, an increasingly restive judiciary was constraining the federal dilution provisions in various ways, most notably by requiring mark owners to prove actual dilution in order to establish liability, a requirement endorsed by the United States Supreme Court in Moseley v. V Secret Catalogue, …

New Paradigms For Protection Of Biodiversity, Srividhya Ragavan

Faculty Scholarship

The most successful bioprospecting venture was established in 1989 in Costa Rica. Interestingly, the distinction of being a forerunner in exploiting bioprospecting goes to India. In 1979, a full decade before Costa Rica, India established the TBGRI (Tropical Botanic Garden and Research Institute) at Trivandrum.

Yet, the TBGRI venture with the Kani Tribes, which had the potential to become a beacon of bioprospecting success, is showcased as the exemplar of failure. In this era of trade regime, the following paper asserts, bioprospecting ventures are important tools for developing countries. Countries like India and organizations like the TBGRI should learn from …

Oversight Of U.S. Trade Preference Programs: Hearing Before The S. Comm. On Finance, 110th Cong., June 12, 2008 (Statement Of Andrew Small, Adjunct Prof. Of Law, Geo. U. L. Center), Andrew Small

Testimony Before Congress

No abstract provided.

The Eu Challenge To The Sec, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Access To Medicines, Brics Alliances, And Collective Action, Peter K. Yu

Faculty Scholarship

Most discussions on the public health implications of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights focus on the right of less developed countries to issue compulsory licenses and the need for these countries to exploit flexibilities within the TRIPs Agreement. However, there are other means by which countries can enhance access to essential medicines. To provide an illustration of these other means, this article explores the possibility for greater collaboration among the BRICS countries (Brazil, Russia, India, China, and South Africa) and between these countries and other less developed countries.

This article begins by offering a brief …

The Incomplete Global Market For Tax Information, Steven Dean

Faculty Scholarship

No abstract provided.

Corporate Taxation And International Charter Competition, Mitchell Kane, Edward B. Rock

All Faculty Scholarship

Corporate Charter competition has become an increasingly international phenomenon. The thesis of this article is that this development in the corporate law requires a greater focus on the corporate tax law. We first demonstrate how a tax system’s capacity to distort the international charter market depends both upon its approach to determining corporate location and the extent to which it taxes foreign source corporate profits. We also show, however, that it is not possible to remove all distortions through modifications to the tax system alone. We present instead two alternative methods for preserving an international charter market. The first best …

Investment Provisions In Economic Partnership Agreements, Gus Van Harten

Commissioned Reports, Studies and Public Policy Documents

No abstract provided.

Three Questions That Will Make You Rethink The U.S.-China Intellectual Property Debate, Peter K. Yu

Faculty Scholarship

The debate on China's piracy and counterfeiting problems has been ongoing for more than two decades. However, in the past few years, this debate has taken on a new sense of urgency and significance. In August 2008, the City of Beijing will host the Summer Olympic Games. Two years later, the 2010 World Expo will be held in Shanghai. In addition, two World Trade Organization dispute settlement panels were recently established to resolve disputes between China and the United States over inadequate enforcement of intellectual property rights and inadequate market access to U.S. media products. All of these developments, of …

Teaching International Intellectual Property Law, Peter K. Yu

Faculty Scholarship

Intellectual property law was in the backwater only a few decades ago. The Section on Intellectual Property Law of the Association of American Law Schools was not even founded until the early 1980s, and the creation of intellectual property specialty programs has been only a recent phenomenon. As senior legal scholars reminisce, early in their career, they would have been lucky to find a school that would allow them to teach a class on intellectual property law. Although intellectual property law teaching has come of age in the past decade, international intellectual property law courses remain nonexistent in more than …

Discovery, Judicial Assistance And Arbitration: A New Tool For Cases Involving U.S. Entities?, Peter B. Rutledge

Scholarly Works

Limited discovery is one of the regularly cited advantages of international arbitration, as opposed to international litigation, particularly in contrast to litigation in the US. courts. Recent decisions by US. courts, however, have threatened to upend this comparative advantage. Invoking a little known US. law, 28 U.S.C. section 1782, these courts have permitted parties in an arbitration to petition for subpoenas issued by US. courts against their adversaries or third parties. Bucking the trend in the academic literature, which largely supports this development, this article opposes reading section 1782 to authorize subpoenas in support of an arbitration. Not only does …

It-Apas - Vertical Harmonization Of Transfer - Pricing Standards, Richard Thompson Ainsworth

Faculty Scholarship

The World Customs Organization (WCO) and the Organization of Economic Cooperation and Development (OECD) have begun considering the harmonization of transfer pricing norms among income tax, customs and VAT regimes. Two conferences have been organized in May of 2006 and 2007.

These conferences have concluded so far: (a) that more analysis is needed; (b) that harmonization will require adjustments on all sides; and (c) that pilot projects (real world statutory and administrative efforts to harmonize) or case studies in harmonization (hypothetical fact patterns) are needed to facilitate consideration. This paper assesses the three basic paths being pursued at the present …

Beyond Microsoft: Intellectual Property, Peer Production And The Law's Concern With Market Dominance, 18 Fordham Intell. Prop. Media & Ent. L.J. 291 (2008), Daryl Lim

UIC Law Open Access Faculty Scholarship

No abstract provided.

Metrics And The Measurement Of International Trade: Some Thoughts On The Early Operation Of The Wto Rta Transparency Mechanism, Chios Carmody

Law Publications

No abstract provided.

Wto法律之原理, Chios Carmody

Law Publications

No abstract provided.

A Theory Of Wto Law, Chios Carmody

Law Publications

The creation of the World Trade Organization in 1994 has left open the question of whether we can identify a theory of its legal system. A theory should help us to better understand what WTO law is as well as what it should be. This article posits the idea that a theory can be identified if we conceive of the WTO Agreement as protecting expectations about trade, facilitating adjustment to realities encountered in trade, and promoting interdependence between economic operators. Each of these purposes is implemented under the WTO Agreement by a specific instrument. In the case of expectations it …

Infrastructure Development In Emerging Economies And The Roles Played By Multilateral Institutions, Amjad Ahasan Basheer

LLM Theses and Essays

This thesis is a study of the development of long-term infrastructure projects in the emerging economies. The essay addresses the emerging economies’ particular attraction to project finance to bring in much needed foreign investment for implementing infrastructure projects instead of obtaining loans, grants, and assistance from international institutions and wealthy donor countries. While the investors have found new opportunities to invest in the emerging economies, it is not without its own set of risks. To assist both the host nations and the investors, bilateral institutions as well as multilateral institutions provide risk insurance for long-term infrastructure projects. These institutions not …

China - Measures Affecting Imports Of Automobile Parts, Sungjoon Cho

All Faculty Scholarship

No abstract provided.

Albert Kritzer: Pioneer Of Open Access To International Private Law, Marie Stefanini Newman

Elisabeth Haub School of Law Faculty Publications

This essay explores the enormous contributions that Professor Albert H. Kritzer has made to the field of international commercial law through the creation of a unique and powerful database that explicates the United Nations Convention on Contracts for the International Sale of Goods (ClSG).

Is Fame All There Is? - Beating Global Monopolists At Their Own Marketing Game, 40 Geo. Wash. Int'l L. Rev. 123 (2008), Doris E. Long

UIC Law Open Access Faculty Scholarship

In the global economy of the twenty-first century, "coca-colanization" has become a painful economic reality for developing nations. With new branding strategies and a legal protection regime that favors the famous marks of global monopolists, local businesses are not only losing market share, they are also losing their ability to compete in a new environment where leveraged marks often have little relevance to the actual value of the products or services for local consumers. To counter these trends, and add rationality to the global trademark regime, developing countries must develop new strategies and a conscious policy that not only values …

The Wto And The Anti-Corruption Movement, Padideh Ala'i

Articles in Law Reviews & Other Academic Journals

This article explores the role of the World Trade Organization (WTO) in promoting good governance while placing WTO within the larger framework of the ongoing global anti-corruption movement. Governmental policies aimed at fighting corruption are part of the good governance criteria set forth by the World Bank and other donor agencies. An important element of good governance is transparency, which has also been one of the pillars of the multilateral trading system. This article argues that from the perspective of the post-Cold War anti-corruption movement, the WTO is an important institution because it provides a comparatively successful forum for the …

Cuban Claims: Embargoed Identities And The Cuban-American Oedipal Conflict (El Grito De La Yuma), Jose M. Gabilondo

Faculty Publications

No abstract provided.

Corporate Social Responsibility Of Multinational Enterprises And The International Business Law Curriculum, Constance Z. Wagner

All Faculty Scholarship

The author argues for expanded coverage of corporate social responsibility in the U.S. law school curriculum. Corporate social responsibility is of increasing importance for businesses, particularly for those companies that conduct multinational operations. Current national legal and regulatory regimes fail to adequately address the social and environmental issues that arise in business operations. As a result, intergovernmental organizations, non-governmental organizations and businesses have begun to promulgate voluntary codes ofconduct. These codes touch on such subjects as core labor standards, environmental protection, bribery offoreign government officials in international business and human rights. Examples include the Organization for Economic Cooperation and Development …

The Asean Charter As "Legs To Go Places": Ideational Norms And Pragmatic Legalism In Community Building In Southeast Asia, Eugene K. B. Tan

Research Collection Yong Pung How School Of Law

The Charter of the Association of Southeast Asian Nations (ASEAN) has been hailed as a legal instrument that would integrate the ten constituent members as a community and a regional organization. Ostensibly, the Charter has three strategic thrusts in support of the vision of the ASEAN Community. The first is to formalize ASEAN as an institution while streamlining its decision-making processes. Secondly, the Charter seeks to strengthen ASEAN institutions. Thirdly, it seeks to establish mechanisms to monitor compliance and settle disputes. The article considers the extent to which the Charter will help ASEAN achieve its aims. This is especially pertinent …

International Commercial Arbitration And International Courts, Mark L. Movsesian

Faculty Publications

The editors of this symposium have asked us to address an interesting question. Why hasn't international commercial arbitration’s (ICA's) success been repeated in the context of international courts? In the last few decades, states have created scores of permanent tribunals with jurisdiction to resolve disputes about international law. By and large, though, states have not been as receptive to the rulings of these tribunals. What accounts for this comparative lack of hospitality? Why do states treat ICA and international adjudication so differently?

In this essay, I offer an explanation. States treat ICA and international adjudication differently because they are categorically …

From The Periphery To The Center? The Evolving Wto Jurisprudence On Transparency And Good Governance, Padideh Ala'i

Articles in Law Reviews & Other Academic Journals

The rise of the regulatory state in the latter half of the 20th century is reflected in the text of the World Trade Organization (WTO) Agreements and specifically its transparency related obligations. The oldest transparency and good governance obligation of the WTO is Article X of General Agreement on Tariffs and Trade (GATT). Article X imposes broad publication and due process requirements on the administration of measures in the area of trade in goods. The language of Article X is duplicated or incorporated by reference throughout the WTO Agreements. During the GATT years (1947-94), Article X was a silent provision …

Maximum Carbon Intensity Limitations And The Agreement On Technical Barriers To Trade, Charles O. Verrill Jr.

Faculty Scholarship

Emission of greenhouse gases is a global problem. Any nation seeking to restrict such emissions by its manufacturers should avoid putting them at a disadvantage in world and domestic markets where they are likely to compete with producers that do not bear the cost of emission controls. One approach being considered in the United States would be adoption of technical regulations limiting the carbon intensity of basic products, such as cement, aluminum, steel, etc., offered for sale in the US market (carbon intensity would be defined as the C02 equivalent emissions per ton of product). Domestic and imported products that …

Enhanced Protections For Geographical Indications Under Trips: Potential Conflicts Under The U.S. Constitutional And Statutory Regimes, David Snyder

Articles in Law Reviews & Other Academic Journals

No abstract provided.