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Articles 1 - 30 of 159
Full-Text Articles in Law
Realism And Transnationalism: Competing Visions For International Security, Nathan A. Canestaro
Realism And Transnationalism: Competing Visions For International Security, Nathan A. Canestaro
ExpressO
This paper is a multidisciplinary study of two competing theories of states’ motives and behavior in international relations, realism and transnationalism. The first theory, realism, suggests that states are constantly competing for security and power within an anarchical international system incapable of preventing aggression or conflict. A competing philosophy, transnationalism, (also known as liberalism) suggests that cooperation, not competition, is the defining characteristic of international relations and that democratization and global economic interdependence reduce the benefits of interstate conflict and encourage long-term cooperation.
This paper seeks to explain the apparent disparity of states competing for power in security matters while …
Patent Political Economy - Indian Lessons On Pharmaceutical Patent, Julien L. Chaisse, Samira Guennif
Patent Political Economy - Indian Lessons On Pharmaceutical Patent, Julien L. Chaisse, Samira Guennif
ExpressO
The Intellectual Property Rights (IPR) regime adopted by any country is essentially a tool that strives to ensure both the growth of the domestic pharmaceutical industry and people’s access to medicines. But, contrary to the very easily advanced theory, there is no paradox between the two. From this perspective, the Indian experience has shown that it is precisely the relaxation of its national IPR regime that promoted the growth of its domestic industry, thereby ensuring a better patient access to medicines. However, the globalisation process does not overlook any sector, which means that medicines too are submitted to the new …
Fighting Corruption Through Regional And International Conventions: A Satisfactory Solution?, Indira M. Carr
Fighting Corruption Through Regional And International Conventions: A Satisfactory Solution?, Indira M. Carr
ExpressO
While considering the current legal frameworks adopted by the regional and international anti-corruption conventions this article aims to show (1) that the lack of a unified approach is unlikely to further the fight against corruption in any meaningful way, (2) that regulation is unlikely to be efficient results unless there are robust enforcement mechanisms in place, and (3) that anti-corruption legislation provides only a partial answer and that we need to engage in what I call a process of re-socialization. Part 2 (How Widespread is Corruption?) critically assesses the methodology adopted by Transparency International (TI) for compiling its perception index. …
Procedural Issues In The Anti-Dumping Regulations Of China: A Critical Review Under The Wto Rules, Won-Mog Choi, Henry S. Gao
Procedural Issues In The Anti-Dumping Regulations Of China: A Critical Review Under The Wto Rules, Won-Mog Choi, Henry S. Gao
Research Collection Yong Pung How School Of Law
Since the World Trade Organization (WTO) was established, China his made large-scale efforts to shape its trade remedy system through legal and organizational changes. Through these changes, China could clarify the meanings of WTO anti-dumping provisions including the provision relating to the definition of domestic industry. Moreover, procedural disciplines on reviews were fortified in Chinese anti-dumping system. While the overall improvements to the trade remedy system of China are evident, definitions of several key legal terms, including the concept of related producers, the negligible import standard, and adjustment factors for a fair comparison between normal values and export prices are …
Charting Developments Concerning Punitive Damages: Is The Tide Changing?, John Y. Gotanda
Charting Developments Concerning Punitive Damages: Is The Tide Changing?, John Y. Gotanda
Working Paper Series
This essay discusses a number of developments outside of the United States concerning punitive damages, which may ultimately signal a change in the way other countries view American awards of such damages.
To date, courts in many countries have refused to recognize and enforce American punitive damages awards on the ground that they violate the host country’s public policy. In most civil law countries, such as France and Germany, penal damages can only be ordered in criminal proceedings; a civil award of such damages has been viewed as contrary to ordre public. In common law countries, while punitive damages generally …
Trade Barriers In Service/Investment Markets Erected By Korea And Japan, Eun Sup Lee
Trade Barriers In Service/Investment Markets Erected By Korea And Japan, Eun Sup Lee
ExpressO
This study analysis shows that the anti-competitive practices in the service market of the two countries have almost identical characteristics even though there are differences in the degree of the criticism against those barriers from their trading partner countries. These practices reflect the policy objectives of both government to emphasize consumer protection or stability of financial institutes rather than the institutes’ competitiveness or operative of efficiency, somewhat different from developed western countries. Such policy objectives reflect the overall social and cultural environments of the two countries which stress stability rather than productivity or efficiency of any institute. Considering the over-all …
Ley Federal Del Procedimiento Contencioso Administrativo., Bruno L. Costantini García
Ley Federal Del Procedimiento Contencioso Administrativo., Bruno L. Costantini García
Bruno L. Costantini García
Ponencia sobre la Ley Federal del Procedimiento Contencioso Administrativo, impartida por Bruno L. Costantini García.
A Complete Property Right Amendment, John H. Ryskamp
A Complete Property Right Amendment, John H. Ryskamp
ExpressO
The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.
Internationalizing U.S. Legal Education: A Report On The Education Of Transnational Lawyers, Carole Silver
Internationalizing U.S. Legal Education: A Report On The Education Of Transnational Lawyers, Carole Silver
Carole Silver
This article analyses the role of U.S. law schools in educating foreign lawyers and the increasingly competitive global market for graduate legal education. U.S. law schools have been at the forefront of this competition, but little has been reported about their graduate programs. This article presents original research on the programs and their students, drawn from interviews with directors of graduate programs at 35 U.S. law schools, information available on law school web sites about the programs, and interviews with graduates of U.S. graduate programs. Finally, the article considers the responses of U.S. law schools to new competition from foreign …
Through The Looking Glass: Runaway Productions And "Hollywood Economics", Adrian H. Mcdonald
Through The Looking Glass: Runaway Productions And "Hollywood Economics", Adrian H. Mcdonald
ExpressO
This paper uses the issue of runaway production as a looking glass into the complex world of Hollywood economics and politics. As such, a broad overview of Hollywood's business practices, history, and technology are discussed so the reader can understand how runaway production (a major issue itself) is one piece of the Hollywood puzzle. Specifically, this paper attempts to study runaway productions from the Law and Economics approach described in Judge Richard Posner's text on the subject. Events in 2006 illustrate the continuing importance of runaway productions and CEIDR's August 2006 report is discussed in this paper.
Recently expanded, this …
The Wto Appellate Body Gambles On The Future Of The Gats: Analyzing The Internet Gambling Dispute Between Antigua And The United States Before The World Trade Organization, Kelly Ann M. Tran
The Wto Appellate Body Gambles On The Future Of The Gats: Analyzing The Internet Gambling Dispute Between Antigua And The United States Before The World Trade Organization, Kelly Ann M. Tran
ExpressO
The World Trade Organization’s recent Appellate Body decision in the Antigua – United States dispute found that U.S. restrictions on Internet gambling qualified for an exception under Article XIV of the GATS. This paper criticizes the Appellate Body’s decision to overturn the WTO Panel on two grounds. First, it argues that the Appellate Body erred when it concluded that U.S. gambling restrictions are necessary to protect public morals or maintain public order. Second, it argues that the Appellate Body failed to adhere to previous WTO measures dealing with similar jurisprudence and both panels did not adequately explain the significance of …
The Death Of The Doha Round. What Next For Services Trade?, Rafael Leal-Arcas
The Death Of The Doha Round. What Next For Services Trade?, Rafael Leal-Arcas
ExpressO
With the indefinite suspension of the WTO multilateral trade negotiations in July 2006 by WTO Director-General Pascal Lamy, the world trading system must now find ways and means to unblock what is perceived as a danger to the world order. This article analyzes the legal and policy implications of the currently fatal Doha Round for the two main developed WTO Members, i.e., the U.S. and the EC, and the most relevant developing countries of the WTO. The specific focus of attention will be mainly on services trade. Thoughts on alternative ways to move forward in the multilateral trading system are …
Article 17 And The Scope Of Trademark Protection Afforded Under The Trips Agreement, Katja G. Weckstroem
Article 17 And The Scope Of Trademark Protection Afforded Under The Trips Agreement, Katja G. Weckstroem
ExpressO
The protection of trademarks, when it raises a conflict with the protection of geographical indications is one of the most contested issues on the international trade and intellectual property arena. In European Communities - Protection of Trademarks and Geographical Indications for Agricultural Products and Foodstuffs a WTO panel was faced with this issue. The panel report gives some insight into what international trademark law mandates as well as some pointers on how conflicts between different IP rights should be solved. This article attempts a deeper analysis of the coexistence of rights in the framework of the TRIPS Agreement that will …
Choice Of Jurisdiction In International Trade Disputes: Going Regional Or Global?, Rafael Leal-Arcas
Choice Of Jurisdiction In International Trade Disputes: Going Regional Or Global?, Rafael Leal-Arcas
ExpressO
This article is a legal and policy analysis of two international trade disputes fora, namely the North American Free Trade Agreement (NAFTA) and the World Trade Organization (WTO), for countries that have standing in both jurisdictions, i.e., the United Mexican States, the United States of America, and Canada. Both fora are judicially compared from the perspective of the respondent and of the complainant, analyzing the advantages and disadvantages of each forum. The chosen time-frame of judicial analysis is between 1995 and 2001. The article concludes with two cases which may have been brought in either forum, Broomcorn and Canada – …
China’S Market Participation: The Case For A Paradigm Shift In Analyzing China’S Capital Market Regulation, David P. Finn
China’S Market Participation: The Case For A Paradigm Shift In Analyzing China’S Capital Market Regulation, David P. Finn
ExpressO
This paper deals with recent reforms governing China’s state owned enterprises and how those reforms affect both the domestic and international markets
Taxing Services Under The Eu Vat And Japanese Consumption Tax: A Comparative Assessment Of New Eu Place Of Taxation Rules For Services And Intangibles, Richard Thompson Ainsworth
Taxing Services Under The Eu Vat And Japanese Consumption Tax: A Comparative Assessment Of New Eu Place Of Taxation Rules For Services And Intangibles, Richard Thompson Ainsworth
Faculty Scholarship
Place of taxation rules are the seminal cross-jurisdictional provisions of any consumption tax regime. They determine where among competing jurisdictions a particular service is taxed. They are not important for transactions that are restricted to a single jurisdiction and to businesses or individuals belonging to that jurisdiction. However, when two or more jurisdictions are involved, these are the essential tools for revenue allocation and avoidance of double taxation.
It is therefore of considerable importance to Japanese businesses and consumers when the European Union (EU) undertakes a wholesale revision of the place of supply rules for services and intangibles. The European …
China-Australia Free Trade Agreement New Icing On An Old Cake-An Opportunity For Fair Trade?, Benedict Sheehy, Jackson N. Maogoto
China-Australia Free Trade Agreement New Icing On An Old Cake-An Opportunity For Fair Trade?, Benedict Sheehy, Jackson N. Maogoto
ExpressO
The on-going challenge in economic development and globalization, particularly for developing countries, is the issue of development and equality in society. The issue becomes particularly problematic when confronted in matters of international trade. Often misnamed anti-globalization activists and pro-globalization activists fail to take note of the underlying assumptions that lead them to conflict—namely, the actual costs and benefits to society that result from their particular positions. In essence, both activists are searching for ways to improve the lives of people in the domestic context and to minimize the damage to their society and environment. China’s impressive economic record is threatened …
Corporations And Social Costs: The Wal-Mart Case Study, Benedict Sheehy
Corporations And Social Costs: The Wal-Mart Case Study, Benedict Sheehy
ExpressO
This article examines the role of the corporate vehicle in the creation of social costs. The article identifies some of the political commitments and philosophies behind the differing notions of corporations. Social costs are those activities which result from business activity and cause uncompensated harm to society. The founding contribution to the law and economics discussion by Ronald Coase is given a thorough treatment. The paper next, turns to the dominant explanation of corporate structure, namely the law and economics model developed expounded by Easterbrook and Fischel. It then applies the theoretical discussion in a case study of the world’s …
Un-Fair Trade As Friendly Fire: The Australia-Usa Free Trade Agreement, Benedict Sheehy
Un-Fair Trade As Friendly Fire: The Australia-Usa Free Trade Agreement, Benedict Sheehy
ExpressO
Trade, economists and trade theorists advise, is a mutually beneficial exercise. Among this group, a particular set of advocates, claim that “Free Trade” is in the interest of all parties. As will be demonstrated, Free Trade is not truly “free” but an exercise of foreign policy and the implementation of policies favouring wealthy corporate interest groups. Free Trade is controlled by wealthy nations who have stacked the rules in favour of themselves, and in particular their corporate interests, and against the poor producers in poor nations. This control is used contrary to fairness, economic and ecological logic. Fair trade, by …
Flattening The World Of Legal Services? The Ethical And Liability Minefields Of Offshoring Legal And Law-Related Services, Carole Silver, Mary Daly
Flattening The World Of Legal Services? The Ethical And Liability Minefields Of Offshoring Legal And Law-Related Services, Carole Silver, Mary Daly
Carole Silver
This article examines offshore outsourcing of legal and law-related services as the newest twist in the international market for legal services. We consider the impact of offshore outsourcing on the profession generally and analyze the ethical issues raised by offshore outsourcing, both as it exists today and as the practice may develop in the future. The article begins by situating offshore outsourcing in the framework of relationships created in the context of delivery of legal services. This framework is used, in turn, to construct a structure of analysis for the ethical implications of offshore outsourcing. Lawyers who outsource to offshore …
Polycephalous Anatomy Of The Ec In The Wto: An Analysis Of Law And Practice, Rafael Leal-Arcas
Polycephalous Anatomy Of The Ec In The Wto: An Analysis Of Law And Practice, Rafael Leal-Arcas
ExpressO
This article analyzes the unique legal position of the European Community (EC) in the world trading system. Its polycephalous anatomy derives from the fact that all 25 Member States of the EC are members of the World Trade Organization (WTO) along with the EC itself. This means that when referring to the EC, the whole as well as its parts are independent Members of the WTO. This has legal and political consequences related to the allocation of powers between the national and supranational levels that will be analyzed. The article explains what is meant by a “mixed agreement” and analyzes …
Toward A New Economic Constitution: Judicial Disciplines On Trade Politics, Sungjoon Cho
Toward A New Economic Constitution: Judicial Disciplines On Trade Politics, Sungjoon Cho
ExpressO
This article first observes that protectionism is an icon of trade politics and thus likely to gather fresh momentum as a domestic election approaches. The paper then problematizes protectionism beyond mere seasonal election politics by revealing its fatal pathologies both to the United States and to the rest of the world. Protectionism basically caters to the special interest at the expense of the larger public interest, which may be coined as a Madisonian constitutional failure. It also deviates from global trading norms, which the United States hypocritically continues to preach adherence to for the rest of the world. This double …
Re-Thinking Trade And Human Rights, Andrew T. Lang
Re-Thinking Trade And Human Rights, Andrew T. Lang
ExpressO
The last decade has seen the development of a burgeoning literature on the relationship between international trade and the protection of human rights, driven in part by a series of influential reports produced by the Office of the UN High Commissioner for Human Rights. Some human rights commentators have been heavily critical of the trade regime, pointing to a variety of ways in which obligations under international trade law purportedly undermine the ability of governments to fulfil their human rights obligations. Others see the potential for strong synergies between the two regimes, and argue that international trade can be a …
International Law Happens: Executive Power, American Exceptionalism, And Bottom-Up Lawmaking, Janet K. Levit
International Law Happens: Executive Power, American Exceptionalism, And Bottom-Up Lawmaking, Janet K. Levit
ExpressO
This essay introduces “bottom-up transnational lawmaking” in the context of contemporary ideological and theoretical debates regarding the breadth and depth of executive power vis-à-vis international law. In an era of globalization, with a proliferation of transnational actors and regulatory instruments, the international lawmaking universe is disaggregating into multiple, sometimes overlapping, lawmaking communities. Neither the President nor others in the “political leadership” sits at the center of many of these communities. Thus, the nationalist critique of international law, rooted in an all-powerful executive who controls international law, creating it and using it instrumentally, in furtherance of the “national interest,” ignores a …
Human Rights Realization In An Era Of Globalization: The Indian Experience, Surya Deva
Human Rights Realization In An Era Of Globalization: The Indian Experience, Surya Deva
Buffalo Human Rights Law Review
No abstract provided.
Book Review (Reviewing Petros C. Mavroidis & Alan O. Sykes, The Wto And International Trade Law: Dispute Settlement (2005)), Sungjoon Cho
Book Review (Reviewing Petros C. Mavroidis & Alan O. Sykes, The Wto And International Trade Law: Dispute Settlement (2005)), Sungjoon Cho
All Faculty Scholarship
Professors Petros Mavroidis and Alan Sykes have produced a dependable compendium on the WTO dispute settlement system. The book consists of six parts corresponding to six critical issues in the field; namely: (1) the function of the WTO dispute settlement system, (2) the standard of review, (3) remedies, (4) participation, (5) unilateral enforcement, and (6) governance. In each part, they carefully selected representative and informative articles which offer readers perspectives that are essential to comprehend this salient and discrete disciplinary area in the study of the WTO. Notwithstanding a few weaknesses, such as limited descriptions of the “dynamic” development of …
Data Privacy, Data Piracy: Can India Provide Adequate Protection For Electronically Transferred Data?, Vinita Bali
Data Privacy, Data Piracy: Can India Provide Adequate Protection For Electronically Transferred Data?, Vinita Bali
ExpressO
As the wave of outsourcing to India swells, there is growing concern about the inadequacies of the India legal system in protecting data being transferred to it from other nations for the purpose of processing. India has a smattering of laws that scantily address the issue of data privacy. Under pressure from the business processing industry in India, as well as from the European Union and other nations, it is but a matter of time before India adopts a slate of laws that address the issue of data protection. Once these laws are enacted, the main issue that remains is …
Standing For Extraterritoriality: Defining The Empagran Exception, Max Huffman
Standing For Extraterritoriality: Defining The Empagran Exception, Max Huffman
ExpressO
Efforts by private plaintiffs to enforce the U.S. antitrust laws extraterritorially have become an enormous industry. A reflection of the challenges facing federal courts in this global age, F. Hoffman-LaRoche Ltd. v. Empagran S.A. (Empagran) held the Foreign Trade Antitrust Improvements Act of 1982 (FTAIA) precluded the assertion by U.S. courts of jurisdiction over claims by foreign plaintiffs alleging harm felt in wholly foreign commerce.
Empagran left an exception that undermines its general rule. Plaintiffs able sufficiently to show “the anticompetitive conduct’s domestic effects were linked to their foreign harm” are excepted from the preclusion. This is the “Empagran exception.” …
Fumbling In The Dark: The Case For A Paradigm Shift In Analyzing China’S Capital Market Regulation, David P. Finn
Fumbling In The Dark: The Case For A Paradigm Shift In Analyzing China’S Capital Market Regulation, David P. Finn
ExpressO
No abstract provided.
Is Ec Trade Policy Up To Par?: A Legal Analysis Over Time - Rome, Marrakesh, Amsterdam, Nice, And The Constitutional Treaty, Rafael Leal-Arcas
Is Ec Trade Policy Up To Par?: A Legal Analysis Over Time - Rome, Marrakesh, Amsterdam, Nice, And The Constitutional Treaty, Rafael Leal-Arcas
ExpressO
This article is an attempt to a thorough chronological analysis of the European Community’s (EC) existing law and policy in the field of international trade law since the beginning of the European Economic Community. It deals with the evolution of the EC’s common commercial policy competence through the years, starting with the European Coal and Steel Community (ECSC), moving on to the necessary changes brought by the World Trade Organization (WTO) Agreement, signed in Marrakesh in 1994, until the days of the European Union (EU) Constitutional Treaty, with a view to enabling the EC with a coherent trade policy in …