Law Commons^™

Still Dissatisfied After All These Years: Intellectual Property, Post-Wto China, And The Avoidable Cycle Of Futility, Peter K. Yu

Peter K. Yu

No abstract provided.

Oportunidades Para Las Empresas Dentro De La Omc, Rodolfo C. Rivas Rea Esq.

Rodolfo C. Rivas

The author provides a brief overview of the World Trade Organization (WTO), the International Monetary Fund (IMF) and the World Bank (WB) by explaining the context of their interrelationship. Afterwards, the author delves into a brief analysis of Mexico’s role in the International Trade arena and concludes by describing the paths through which the private sector can benefit from the WTO.///////////////////////////////////////////////////////////////////////////////////////El autor pone en contexto la interrelación entre la Organización Mundial del Comercio (OMC) el Banco Mundial (BM) y el Fondo Monetario Internacional (FMI). Posteriormente, el autor describe brevemente el rol de México dentro de las instituciones de Comercio Internacional …

Managing The Rule Of Law In The Americas: An Empirical Portrait Of The Effects Of 15 Years Of Wto, Mercosul, And Nafta Dispute Resolution On Civil Society In Latin America, Stephen Joseph Powell, Ludmila Mendonça Lopes Ribeiro

Stephen Joseph Powell

The objective of this article is to analyze the effect of World Trade Organization (WTO), Common Market of the South (MERCOSUL), and North American Free Trade Agreement (NAFTA) disputes involving Latin American (LA) countries on perfection of the rule of law by LA governments.

Specifically, we examine the extent to which dispute settlement facilitates the strengthening by LA governments of human rights for their civil societies. Professor Powell previously has noted that trade and human rights are inextricably linked because trade rules weaken the ability of governments to promote sustainable development, to alleviate the widening gap between rich and poor, …

Should Or Must? Nature Of The Obligation Of States To Use Trade Instruments For The Advancement Of Environmental, Labor, And Other Human Rights, Stephen Powell

Stephen Joseph Powell

States have been careful to couch their human rights commitments in terms that avoid binding and measurable actions to ensure the human rights either of their own citizens or those in other countries. Despite the promise of a dozen U.N. treaties, states continue to equivocate as to measures necessary to meet critical individual needs. This essay argues that, nonetheless, the question whether economically powerful states may be held to human rights observance is not solely moral in nature. Instead, through a combination of treaties, custom, and historical facts, the human rights obligation of developed states has taken on penumbral legal …

The U.S.-Ec Dispute Over Customs Matters: Trade Facilitation, Customs Unions, And The Meaning Of Wto Obligations, Daniel H. Erskine

Daniel H. Erskine

The article addresses a current WTO dispute between the United States and the European Communities on selected customs matters. The article discusses the necessity for a uniform WTO agreement on trade facilitation, as well as analyzes the apparent inconsistency between the General Agreement on Tariffs and Trade (GATT) Article X’s mandate for WTO Members to uniformly, impartially, and reasonably administer municipal customs laws and Article XXIV’s allowance of individual members of a customs union to substantially apply common commercial regulations and laws in relation to non-members of the customs union. The article concludes that an agreement between WTO Members on …

The Cotton And Sugar Subsidies Decisions: Wto’S Dispute Settlement System Rebalances The Agreement On Agriculture, Stephen J. Powell, Andrew Schmitz

Stephen Joseph Powell

Acting on a complaint by Brazil, a WTO dispute settlement panel ruled September 8, 2004, that a variety of support programs for upland cotton exceeded reduction commitments made by the United States when it signed the 1995 WTO Agriculture Agreement and were thus not immune from challenge under the WTO Subsidies Agreement, with which the Panel then found these programs inconsistent.

The Panel's conclusions, if upheld by the WTO's Appellate Body, will have significant impact on agricultural policies for specialty and program crops of the United States, Europe, and Japan. This paper analyzes the decision, notable as the first to …

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.