Law Commons^™

Regime Shifting Of Ip Law Making And Enforcement From The Wto To The International Investment Regime, James T. Gathii, Cynthia M. Ho

James T Gathii

No abstract provided.

Regime Shifting Of Ip Law Making And Enforcement From The Wto To The International Investment Regime, James T. Gathii, Cynthia M. Ho

Cynthia M Ho

No abstract provided.

Trips And Its Achilles' Heel, Peter K. Yu

Peter K. Yu

No abstract provided.

Trips And Its Discontents, Peter K. Yu, Peter K. Yu

Peter K. Yu

This Article traces the development of the TRIPs Agreement and explores why less developed countries were dissatisfied with the international intellectual property system. It also looks at the future challenges confronting these countries and what they need to do to preserve the goals and intentions behind the TRIPs negotiations. The Article begins by describing the four different narratives used to explain the origins of the TRIPs Agreement. It contends that, while none of these narratives is complete, each of them provides valuable insight into understanding the context in which the Agreement was created. The Article then explores why less developed …

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.

When The Chinese Intellectual Property System Hits 35, Peter K. Yu

Peter K. Yu

This article explores what it means for the Chinese intellectual property system to hit 35. It begins by briefly recapturing the system’s three phases of development. It discusses the system’s evolution from its birth all the way to the present. The article then explores three different meanings of a middle-aged Chinese intellectual property system – one for intellectual property reform, one for China, and one for the TRIPS Agreement and the global intellectual property community.

After The Fall: Financial Crisis And The International Order, Robert B. Ahdieh

Robert B. Ahdieh

Recent years have challenged the international order to a degree not seen since World War II — and perhaps the Great Depression. As the U.S. housing crisis metastasized into a financial and economic crisis of grave proportions, and spread to nearly every corner of the globe, the strength of our international institutions — the International Monetary Fund, the World Trade Organization, the Group of Twenty, the Basel Committee on Banking Supervision, and others — was tested as never before. Likewise tested, were the limits of our national commitment to those institutions, to our international obligations, and to global engagement more …

Communitizing Transnational Regulatory Concerns, Sungjoon Cho, Cecilia M. Suh, Jacob Radecki

Sungjoon Cho

The Dumping Dragon: Analysing China's Evolving Anti-Dumping Behaviour, Umair H. Ghori

Umair H. Ghori

China is a major target for anti-dumping measures by both developed and developing countries. Its rapid industrial transition to higher value-added sectors brings it in direct conflict with the US and the EU. Anti-dumping measures have consistently been employed by the US and the EU to protect their domestic markets from encroaching Chinese exports. In the initial few years of joining the WTO, China rarely initiated any complaint in the WTO Dispute Settlement Mechanism (DSM), while facing several complaints itself. This approach has now evolved. China appears to have acquired the knowledge and capacity to access the WTO DSM for …

Overcoming The Geneva Impasse: How Regional Trade Agreements Can Help Global Trade, Chin Leng Lim

Chin Leng Lim

The World Trade Organisaton’s rules have permitted regional trade agreements since 1947. Over the years its membership has made only half-hearted efforts to tighten these rules. Without ignoring some well-known drawbacks which attend regional trade agreements, we need to understand the reasons for this hesitancy: regional agreements can help global trade.

The New Tobacco Products Directive And Wto Law: Much Ado About Nothing?, Lukasz A. Gruszczynski

Lukasz A Gruszczynski

Working Borders: Linking Debates About Insourcing And Outsourcing Of Capital And Labor, Chantal Thomas

Chantal Thomas

No abstract provided.

Should The World Trade Organization Incorporate Labor And Environmental Standards?, Chantal Thomas

Chantal Thomas

No abstract provided.

Constitutional Change And International Government, Chantal Thomas

Chantal Thomas

No abstract provided.

Disciplining Globalization: International Law, Illegal Trade, And The Case Of Narcotics, Chantal Thomas

Chantal Thomas

No abstract provided.

“Gatting” The New Climate Treaty Right: Leveraging Energy Subsidies To Promote Multilateralism, Deepa Badrinarayana

Deepa Badrinarayana

The Interaction Of Tax And Non-Tax Treaties, Robert A. Green

Robert A. Green

This background note consists of two parts. Part one provides an overview of the extent to which tax matters are currently covered in non-tax treaties. This discussion focuses on the general agreement on tariffs and trade (GATT)/World Trade Organization (WTO) agreement and the North American free trade agreement (NAFTA) (which cover direct tax measures only to a limited extent) and the European Community (EC) treaty (which covers direct tax measures more broadly). Part two outlines the issues raised when tax matters are covered in non-tax treaties.

Global Laws, Local Lives: Impact Of The New Regionalism On Human Rights Compliance, Stephen J. Powell, Patricia Camino Pérez

Stephen Joseph Powell

Continuation of the brisk pace of international economic growth with its necessarily increased use of natural resources—often at unsustainable levels—and its higher levels of pollution—often at the cost of citizen health—combine with the rules of the global trading system to threaten human rights to health, to freedom from forced or child labor, to non-discrimination, to a fair wage, to a healthy environment, even to democratic governance and participation in the political process. As a result, in recent years a growing number of economists begrudgingly acknowledge the incontrovertible—although presently dysfunctional—linkage between trade and human rights and the need to integrate these …

The Role Of United States Trade Laws In Resolving The Florida-Mexico Tomato Conflict, Stephen J. Powell, Mark A. Barnett

Stephen Joseph Powell

For discussion purposes, we have been asked to assume that the agreement entered into in October 1996 between the U.S. Department of Commerce (Commerce) and Mexican tomato exporters, which resulted in suspension of an antidumping investigation of tomatoes from Mexico, has ended. The new owner of many of Florida's winter vegetable producers, concerned with the continuing rise in market share represented by Mexican imports, is considering further action under the trade remedy and other laws. This article will discuss the potential role of the antidumping and countervailing duty laws in these deliberations, as well as the operation of the dispute …

Is The Wto Quietly Fading Away?: The New Regionalism And Global Trade Rules, Stephen J. Powell, Trisha Low

Stephen Joseph Powell

While scholars and governments alike view the liberalization of international trade as a positive development, they disagree on the medium that will accomplish this objective with the highest economic returns. Some experts believe that multilateralism through the 150+ member World Trade Organization (WTO) is the only way to achieve truly open and efficient trade. Others view multilateralism as but an aspiration and find that regionalism offers the only viable prospect for the meaningful further opening of markets. In light of what we label the "new regionalism," our paper explores in detail the positive and negative effects of regional trade arrangements …

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

Stephen Joseph Powell

As far back as David Ricardo's shattering insight as to comparative advantage in 1817, agriculture has enjoyed special favor in trade. The unique place of farming was so well established by the time the 1947 General Agreement on Tariffs and Trade ("GATT") was negotiated that GATT's tight disciplines on government interference with free trade not only exempted government protections to growers, but in fact were drafted to be fully consistent with the agricultural policies of the major signatories. While it would be an exaggeration to argue that GATT' s first half century was without impact on agricultural benefits, the sector …

Limiting Anticompetitive Government Interventions That Benefit Special Interests, D. Daniel Sokol

D. Daniel Sokol

When government regulates, it may either intentionally or unintentionally generate restraints that reduce competition ("public restraints"). Public restraints allow a business to cloak its action in government authority and to immunize it from antitrust regulation. Private businesses may misuse the government's grant of antitrust immunity to facilitate behavior that benefits businesses at consumers' expense. One way is by obtaining government grants of immunity from antitrust scrutiny. A recent series of Supreme Court decisions has made this situation worse by limiting the reach of antitrust law in favor of sector regulation. This is true even though the Supreme Court refers to …

Fitting United States Copyright Law Into The International Scheme: Foreign And Domestic Challenges To Recent Legislation, Michael B. Landau

Michael B. Landau

No abstract provided.

Us - Tuna: Implications For The Definition Of Technical Regulation And For Developing Countries, Henri Joel Nkuepo

Henri Joel Nkuepo

Before US – Tuna, defining a technical regulation was less confusing. Developing countries could rely on the guidelines provided by both the United Nations Conference on Trade and Development (UNCTAD) and the World Trade Organization (WTO) and the Panel could rely on the definition of technical regulation as explained in EC – Asbestos by the Appellate Body (AB). The paper at hand shows how the AB’s definition of a technical regulation in US – Tuna will affect future cases and examines its impact on developing countries’ understanding of Annex 1.1 of the Technical Barrier to Trade Agreement (TBT).

Acuerdo De Facilitación Al Comercio De La Omc: Eficiencia En Las Cadenas De Suministro Mundiales, Rodolfo C. Rivas Rea

Rodolfo C. Rivas

The author provides a brief overview of the negotiation process of the Trade Facilitation Agreement under the WTO and the bringing to a successful conclusion of the agreement during the Ninth Ministerial Conference hosted by Indonesia. The author then delves into the general contents of the agreement and the possible benefits it can bring to the private sector, specifically in relation to the Global value chains. ////////////////////////////////////// El autor ofrece un breve panorama general del proceso de negociación del Acuerdo de Facilitación del Comercio (AFC) de la OMC y la exitosa conclusión del acuerdo durante la Novena Conferencia Ministerial en …

Us-China Trade Relations—Litigation In The Wto 2001–2014., Stuart Malawer

stuart malawer

No abstract provided.

International Economic Law And The Right To Food, Carmen G. Gonzalez

Carmen G. Gonzalez

This chapter examines the historic and current policies and practices that have contributed to food insecurity in the global South. It analyzes the impact of international economic law on the patterns of trade and production that perpetuate food insecurity, and recommends concrete measures that the international community might take through law and regulation to promote the fundamental human right to food. Part I provides a short introduction to the right to food framework and its implications for international trade, investment, and finance. Part II places the current food crisis in historical perspective by discussing the trade and aid policies that …

Proportionality, General Principles Of Law, And Investor-State Arbitration: A Response To Jose Alvarez, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.

Trips & Development, Daniel J. Gervais

Daniel J Gervais

This brief Chapter in the (forthcoming) SAGE Handbook of Intellectual Property examines available data and analyses concerning the impact of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) on development. The Chapter considers distinctions among types of countries and industries, and the role of the World Intellectual Property Organization (WIPO).

The Wages Of Belonging: Rare Earths From China, And The Return Of Gatt À La Carte, Chin Leng Lim, J. H. Senduk

Chin Leng Lim

China has lost the Rare Earths case before a Panel which, however, split 2:1 on whether the Chinese Accession Protocol's general ban on export duties would allow General Agreement on Tariffs and Trade (GATT) Article XX to be invoked. The question affects whether other Recently Acceded Members' (RAMs') WTO-plus terms of accession should generally be read together with the GATT. Export quotas are unproblematic because Article XI is contained in the GATT. China's quota-based conservation measures were however strictly scrutinized, raising other questions about the room RAMs have to invoke Article XX if they might have to depend upon highly …