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Full-Text Articles in Law
Regulatory Conflicts: International Tender And Exchange Offers In The 1990s, John C. Maguire
Regulatory Conflicts: International Tender And Exchange Offers In The 1990s, John C. Maguire
Pepperdine Law Review
No abstract provided.
The Eec Merger Regulation: Preparing For A Common European Market, Earl Ray Beeman
The Eec Merger Regulation: Preparing For A Common European Market, Earl Ray Beeman
Pepperdine Law Review
No abstract provided.
The Real Challenge To The Polish Revolution: Cleaning The Polish Environment Through Privatization And Preventive Market-Based Incentives, G. Nelson Smith Iii
The Real Challenge To The Polish Revolution: Cleaning The Polish Environment Through Privatization And Preventive Market-Based Incentives, G. Nelson Smith Iii
Pepperdine Law Review
No abstract provided.
Federal Judicial And Legislative Jurisdiction Over Entities Abroad: The Long-Arm Of U.S. Antitrust Law And Viable Solutions Beyond The Timberlane/Restatement Comity Approach, Michael G. Mckinnon
Federal Judicial And Legislative Jurisdiction Over Entities Abroad: The Long-Arm Of U.S. Antitrust Law And Viable Solutions Beyond The Timberlane/Restatement Comity Approach, Michael G. Mckinnon
Pepperdine Law Review
No abstract provided.
United States--Certain Measures Affecting Imports Of Poultry From China: The Fascinating Case That Wasn't, Donald H. Regan
United States--Certain Measures Affecting Imports Of Poultry From China: The Fascinating Case That Wasn't, Donald H. Regan
Articles
US–Poultry (China) was the first Panel decision dealing with an origin-specific SPS measure, or with what the United States referred to as an ‘equivalence regime’. More specifically, it was the first instance in which the basis for the challenged measure was the claimed inability of the complainant country to enforce its own food-safety rules. Unfortunately, as the litigation developed, the very interesting novel issues raised by such a measure were not discussed. This essay discusses those novel issues – in particular, what sort of scientific justification or risk assessment should be required for a measure like this, and what SPS …
Carving Out Policy Autonomy For Developing Countries In The World Trade Organization: The Experience Of Brazil And Mexico, Alvaro Santos
Carving Out Policy Autonomy For Developing Countries In The World Trade Organization: The Experience Of Brazil And Mexico, Alvaro Santos
Georgetown Law Faculty Publications and Other Works
Although liberal trade and development scholars disagree about the merits of the World Trade Organization (WTO), they both assume that WTO legal obligations restrict states’ regulatory autonomy. This article argues for relaxing this shared assumption by showing that, despite the restrictions imposed by international economic law obligations, states retain considerable flexibility to carve out policy autonomy. The article makes three distinct contributions. First, it analyzes how active WTO members can, through litigation and lawyering, influence rule interpretation to advance their interests. Second, the article redefines the concept of “legal capacity” in the WTO context and introduces the term “developmental legal …