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Full-Text Articles in Law
The Tpp’S Investment Chapter: Entrenching, Rather Than Reforming, A Flawed System, Lise Johnson, Lisa E. Sachs
The Tpp’S Investment Chapter: Entrenching, Rather Than Reforming, A Flawed System, Lise Johnson, Lisa E. Sachs
Columbia Center on Sustainable Investment Staff Publications
During the negotiations of the Trans-Pacific Partnership (TPP) agreement, many stakeholders raised strong concerns about the Investment Chapter of the TPP, and in particular, the investor-state dispute settlement mechanism (ISDS). The US Trade Representative (USTR) and other representatives of the negotiating partners assured the stakeholders that the TPP’s investment chapter would respond to the legitimate concerns about expansive investor protections and ISDS. The actual text, however, when made public, showed the opposite: a further evisceration of the role of domestic policy, institutions, and constituents. In their current form, the TPP’s substantive investment protections and ISDS pose significant potential costs to …
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
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
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 …
Regulatory Flexibilities And Tensions In Public Health And Trade: An Asian Perspective, Locknie Hsu
Regulatory Flexibilities And Tensions In Public Health And Trade: An Asian Perspective, Locknie Hsu
Research Collection Yong Pung How School Of Law
Regulatory issues relating to public health are a source of tensions in recent trade and investment negotiations, treaties and disputes. Issues arising from the intersection between public health regulation and trade and investment treaties have given Asian states pause for thought. They have led to a critical need to confront the scope and meaning of legal obligations vis-a-vis public health and regulatory objectives, and their implications for stakeholder interests. The intersection and resulting tensions have already led the WTO, WHO and WIPO to work together in an unprecedented manner to address some of the issues at the global level. The …
Disciplining Globalization: International Law, Illegal Trade, And The Case Of Narcotics, Chantal Thomas
Disciplining Globalization: International Law, Illegal Trade, And The Case Of Narcotics, Chantal Thomas
Chantal Thomas
No abstract provided.
Human Rights Provisions In Free Trade Agreements: Do The Ends Justify The Means?, Meredith Kolsky Lewis
Human Rights Provisions In Free Trade Agreements: Do The Ends Justify The Means?, Meredith Kolsky Lewis
Journal Articles
Numerous Free Trade Agreements (FTAs) contain provisions imposing human rights-related obligations, particularly in the case of agreements between the European Union and a developing country (often a former colony). Such obligations often consist of hortatory “best endeavors” language rather than legally binding provisions. Even the small number of provisions that are binding are very rarely enforced. Furthermore, even if an FTA features human rights-related provisions, it may contain other terms that have negative implications for human rights. Thus, including human rights provisions in FTAs will not necessarily result in better human rights outcomes. There are additional reasons to be cautious …
International Exchange And Trade In Cultural Objects, Ana Filipa Vrdoljak
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 …