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- United States - Mexico Law Journal (1993-2005) (21)
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Articles 31 - 60 of 85
Full-Text Articles in Law
Mexican Standards Related Policy And Regulation, Jose Augustin Portal
Mexican Standards Related Policy And Regulation, Jose Augustin Portal
United States - Mexico Law Journal (1993-2005)
No abstract provided.
Corporate Governance: A Mexican Perspective, Miguel Jauregui Rojas
Corporate Governance: A Mexican Perspective, Miguel Jauregui Rojas
United States - Mexico Law Journal (1993-2005)
No abstract provided.
International Pressure To Harmonize: The U.S. Civil Justice System In An Era Of Global Trade, Renee Lettow Lerner
International Pressure To Harmonize: The U.S. Civil Justice System In An Era Of Global Trade, Renee Lettow Lerner
BYU Law Review
No abstract provided.
Breaking The Barrier Between Regionalism And Multilateralism: A New Perspective On Trade Regionalism, Sungjoon Cho
Breaking The Barrier Between Regionalism And Multilateralism: A New Perspective On Trade Regionalism, Sungjoon Cho
All Faculty Scholarship
No abstract provided.
Double Protection: The Case Against The "Byrd Amendment" Of U.S. Trade Law, Perry S. Bechky, Anne Macgregor
Double Protection: The Case Against The "Byrd Amendment" Of U.S. Trade Law, Perry S. Bechky, Anne Macgregor
Perry S. Bechky
Under the Byrd Amendment of 2000, all collected antidumping and countervailing duties must be distributed among U.S. companies that successfully petition for the imposition of those duties. The Byrd Amendment created an economic incentive for the proliferation of trade cases. A strong legal case can be made that the Byrd Amendment is inconsistent with WTO rules.
Internet Jurisdiction Today, Adria Allen
Internet Jurisdiction Today, Adria Allen
Northwestern Journal of International Law & Business
This paper will use the Yahoo case to illustrate the unique jurisdictional dilemma posed by the Internet as countries try to enforce their laws in an era when laws may be broken, through the use of the Internet, from other countries with conflicting laws.' Part I of this paper will address the Yahoo case and its importance to Internet jurisdiction. Part II will explore traditional jurisdiction and apply it to the Yahoo case. Part III will identify twopotential theories of Internet jurisdiction and investigate whether they are feasible solutions to the problem posed by the Yahoo case. Part IV will …
Symposium Address: The Role Of Lawyers In The Wto, James Bacchus
Symposium Address: The Role Of Lawyers In The Wto, James Bacchus
Vanderbilt Journal of Transnational Law
A final point I would make to students who are here today and about to go out into the legal world would be this: I have noticed that what I do is a bit controversial in some places. Why is that so?
It is because the world is changing and because, understandably, people have apprehensions about change. It is also because there is very little understanding of what it is that we are doing in Geneva. Consciously, and intentionally, I have spent my first years on the Appellate Body in silence. Vanderbilt is one of the few places where I …
Biotechnology: Some Issues Of General International Law, Stephen Mccaffrey
Biotechnology: Some Issues Of General International Law, Stephen Mccaffrey
McGeorge School of Law Scholarly Articles
No abstract provided.
Interpreting Urugual Round Agreements Act Section 102(B)'S Safeguards For State Sovereignty: Reconciling Judicial Independence With The United States Trade Representative's Policy Expertise, Brandon Johnson
Michigan Journal of International Law
In this Note, I address the concerns of one aspect of this academic commentary-the claim that the WTO Agreement may cause a tectonic shift in domestic regulatory power, away from the states and toward the federal government and/or the WTO. I argue that while the concerns about the loss of national sovereignty are exaggerated, there is a very real threat to the sovereignty of the States. Congress was aware of this danger and included a variety of provisions designed specifically to protect state sovereignty from federal encroachment in the Uruguay Round Agreements Act (URAA), the federal legislation incorporating the WTO …
Reforming China's Partnership Law: Achievements, Problems And Prospects, Hongbing Fan
Reforming China's Partnership Law: Achievements, Problems And Prospects, Hongbing Fan
LLM Theses and Essays
This thesis proposes some measures to reform China's partnership law after providing an overview of China's partnership development in a historical perspective. After a brief introduction in Part I, Part II reviews the historical development of partnerships since the founding of the People's Republic of China. Much emphasis is put on significant changes since 1978. Part III examines the basic structure and content of the present laws and regulations on partnership in China. Part V highlights the problems and limits facing China's partnership law. Measures are proposed in Part IV with detailed reference to the United States partnership law. As …
Regulation S - Rules Governing Offers And Sales Made Outside The United States Without Registration Under The Securities Act Of 1933, Caroline Mary Rutherford Lee
Regulation S - Rules Governing Offers And Sales Made Outside The United States Without Registration Under The Securities Act Of 1933, Caroline Mary Rutherford Lee
LLM Theses and Essays
Underpinning a regulatory regime is a dichotomy between achieving certainty of outcome and achieving perceived fairness. While such a discussion may seem out of place in the context of a regulatory regime dealing with offshore offerings, it nonetheless serves to emphasize some of the considerations encountered in the following examination of Regulation S. Part Two of this thesis outlines the development of the disclosure regime that is evidenced in the United States Federal Securities Regulations and then goes on to examine how this regime, first established in the 1930s, dealt with the advent of globalization. Part Three then looks at …
A Trade/Human Rights Linkage By The United States: Is Enforcing Human Rights By Use Of Trade Sanctions Effective?, Blaise Omondi Odhiambo
A Trade/Human Rights Linkage By The United States: Is Enforcing Human Rights By Use Of Trade Sanctions Effective?, Blaise Omondi Odhiambo
LLM Theses and Essays
Universally held basic human rights must remain separate from political rights. Such basic human rights are those that are so universal that all societies, systems, nations, and ideology could, and do espouse them. Conversely, political rights are those that are dependent upon compatibility with the system of government in place and arc therefore far less likely to gamer universal support. An effective multilateral enforcement mechanism can only succeed if there are universal agreement and acceptance of the protected rights. Accordingly, at the outset of such a mechanism, only basic human rights may be enforced through trade sanctions. Once such a …
Fair Use And The Digital Distribution Of Music - Recording Industry Association Of America V. Napster, Inc. (A Comparative Analysis Of A Restraint On Copyright In The United States Of America And Trinidad And Tobago), Michelle Lisa Alexander
Fair Use And The Digital Distribution Of Music - Recording Industry Association Of America V. Napster, Inc. (A Comparative Analysis Of A Restraint On Copyright In The United States Of America And Trinidad And Tobago), Michelle Lisa Alexander
LLM Theses and Essays
The purpose of this thesis is to undertake a critical analysis of the Napster judgment and its treatment of the doctrine of fair use, to determine whether the doctrine can retain its integrity in the internet age. It is proposed that as technology advances, U.S. policymakers are moving away from the constitutional objectives of U.S. copyright law and are equating copyright interests with property rights, to the detriment of noncommercial users of copyrighted works. Further, it is suggested that the decision in the Napster litigation is important for the evolving landscape of U.S. copyright law, as it signals the difficulty …
Starbucks And The New Federalism: The Court's Answer To Globalization, Robert Knowles
Starbucks And The New Federalism: The Court's Answer To Globalization, Robert Knowles
Law Faculty Publications
No abstract provided.
The Case For Environmental Trade Sanctions, Richard Parker
The Case For Environmental Trade Sanctions, Richard Parker
Faculty Articles and Papers
No abstract provided.
Book Review, G.B. Doern & S. Wilks Eds., Comparative Competition Policy: National Institutions In A Global Market (1996), David J. Gerber
Book Review, G.B. Doern & S. Wilks Eds., Comparative Competition Policy: National Institutions In A Global Market (1996), David J. Gerber
All Faculty Scholarship
No abstract provided.
Investor-State Disputes Under Nafta: The Empire Strikes Back, Charles H. Brower Ii
Investor-State Disputes Under Nafta: The Empire Strikes Back, Charles H. Brower Ii
Law Faculty Research Publications
This Article examines the growing opposition to arbitration of investor-state disputes involving challenges to regulatory measures under Chapter 11 of NAFTA. The NAFTA Parties apparently seek to restore national sovereignty over such matters by subjecting these awards to heightened review by municipal courts at the seat of arbitration, effectively giving Canadian, Mexican, and United States courts the final authority to interpret Chapter 11. When successful, this practice violates both the letter of Chapter 11 and the intent of the NAFTA Parties to place investor-state disputes within the deferential legal framework of international commercial arbitration. Although the NAFTA Parties may, escape …
Investor-State Disputes Under Nafta: A Tale Of Fear And Equilibrium, Charles Hendrickson Brower Ii
Investor-State Disputes Under Nafta: A Tale Of Fear And Equilibrium, Charles Hendrickson Brower Ii
Law Faculty Research Publications
No abstract provided.
The Changing Labor Markets Of The Western Hemisphere: Labor Issues Relating To The Ftaa, Ann C. Hodges
The Changing Labor Markets Of The Western Hemisphere: Labor Issues Relating To The Ftaa, Ann C. Hodges
Richmond Journal of Global Law & Business
No abstract provided.
The Economic Case For Labor Standards: A Layman’S Guide, Thomas I. Palley
The Economic Case For Labor Standards: A Layman’S Guide, Thomas I. Palley
Richmond Journal of Global Law & Business
The place of labor standards in the global economy has figured prominently in recent discussions of trade and globalization. Labor standards figured prominently in the Seattle meeting of the World Trade Organization (WTO) in 1999, and they promise to figure prominently in discussions about a proposed Free Trade Area of Americas (FTAA). Labor standards represent a critical issue for both the American labor movement and the international trade union movement as they are central to making globalization work for working people.
An Essential Element Of Fair Trade And Sustainable Development In The Ftaa Is An Enforceable Social Clause, Terry Collingsworth
An Essential Element Of Fair Trade And Sustainable Development In The Ftaa Is An Enforceable Social Clause, Terry Collingsworth
Richmond Journal of Global Law & Business
Multinational companies (“MNCs”) and governments that are fantasizing about a Free Trade Area of the Americas (“FTAA”) should accept the reality that the FTAA is not politically viable for the time being unless the issues of labor rights and other social conditions are addressed in a manner demonstrating that these rights are consistent with commercial rights that are protected in careful detail in many pages of the draft FTAA agreement.
Does Free Trade Cause Hunger? Hidden Implications Of The Ftaa, Jonathan B. Wight
Does Free Trade Cause Hunger? Hidden Implications Of The Ftaa, Jonathan B. Wight
Richmond Journal of Global Law & Business
This division of labour, from which so many advantages are derived, is not originally the effects of any human wisdom, which forsees and intends that general opulence to which it gives occasion. It is the necessary, though very slow and gradual consequence of a certain propensity in human nature which has in view no such extensive utility; the propensity to truck, barter, and exchange one thing for another.
Mapping The Landscape: Perspectives On The Implementation Of Free Trade Agreements, F. Amanda Debusk
Mapping The Landscape: Perspectives On The Implementation Of Free Trade Agreements, F. Amanda Debusk
Richmond Journal of Global Law & Business
No abstract provided.
The Developing World In The New Millennium: International Finance, Development, And Beyond, Rurnu Sarkar
The Developing World In The New Millennium: International Finance, Development, And Beyond, Rurnu Sarkar
Vanderbilt Journal of Transnational Law
Former Treasury Secretary Lawrence Summers once commented that the end of the Cold War was the second most interesting story of the past two decades. According to him, the most compelling story during that time was the emergence of global capital markets.' This viewpoint heralds a subtle sea change that signals the beginning of a newly formed international consensus. Making a successful transition from being a "developing nation" to being an "emerging capital market" is now the most serious challenge facing the developing world today.
Trade relations and capital investments are now being rationalized in a new international economic order …
Harmonizing The Battle Of The Forms: A Comparison Of The United States, Canada, And The United Nations Convention On Contracts For The International Sale Of Goods, Charles Sukurs
Vanderbilt Journal of Transnational Law
As trade between the United States and Canada continues to increase on the heels of the free trade agreements of the early 1990s, the question of which body of commercial law to apply to these transactions becomes increasingly important. The United Nations Convention on Contracts for the International Sale of Goods (CISG) serves as the default governing law for many of these transactions. In spite of its lack of use and the confusion it has brought to choice of law provisions as a self-executing treaty, many scholars have suggested that the CISG can continue to serve as a body of …
Employment In The New Age Of Trade And Technology: Implications For Labor And Employment Law, Kenneth G. Dau-Schmidt
Employment In The New Age Of Trade And Technology: Implications For Labor And Employment Law, Kenneth G. Dau-Schmidt
Indiana Law Journal
Symposium: New Rules for a New Game: Regulating Employment Relationships in the 21st Century, held at the Indiana University School of Law-Bloomington.
Re-Characterizing The Social In The Constitutionalization Of The Wto: A Preliminary Analysis, James T. Gathii
Re-Characterizing The Social In The Constitutionalization Of The Wto: A Preliminary Analysis, James T. Gathii
Faculty Publications & Other Works
No abstract provided.
The Limits Of Pragmatism In American Foreign Policy: Unsolicited Advice To The Bush Administration On Relations With International Nongovernmental Organizations, Kenneth Anderson
The Limits Of Pragmatism In American Foreign Policy: Unsolicited Advice To The Bush Administration On Relations With International Nongovernmental Organizations, Kenneth Anderson
Articles in Law Reviews & Other Academic Journals
The Bush Administration has tended to see international nongovernmental organizations in a pragmatic way, as functionally the international equivalent of domestic "volunteer" organizations. This article argues that the Bush Administration ought to see international nongovernmental organizations as organizations seeking to substitute so-called "international civil society," on the one hand, and public international organizations, on the other, for the authority of democratically sovereign states. Looking beyond the particular issues on which international NGOs press political agendas - human rights, environmentalism, etc. - the function of international NGOs is to delegitimize democratic sovereignty in favor of liberal internationalism. The article argues that …
Consequences Of E.U. Airline Deregulation In The Context Of The Global Aviation Market, Moritz Ferdinand Scharpenseel
Consequences Of E.U. Airline Deregulation In The Context Of The Global Aviation Market, Moritz Ferdinand Scharpenseel
Northwestern Journal of International Law & Business
The objective of this article is to show the background of the airline liberalization process in the E.U. and to evaluate its economic effects in context of the global aviation market. To understand the pressures for change and the forms that the changes are taking, it is first necessary to ap-preciate why market regulation was thought important and how the U.S. de-regulated its airline industry. Therefore, Section II of this paper will analyze the different market structures in the U.S. and the E.U. In Section III, the discussion will continue with a consideration of the effects of U.S. airline deregulation. …
Workers’ Rights: A Winding Road In The Trucking Dispute Between The United States And Mexico, Michael S. Plotkin
Workers’ Rights: A Winding Road In The Trucking Dispute Between The United States And Mexico, Michael S. Plotkin
Richmond Journal of Global Law & Business
No abstract provided.