Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Trade Law (73)
- International Law (40)
- Comparative and Foreign Law (17)
- Antitrust and Trade Regulation (16)
- Law and Economics (16)
-
- Social and Behavioral Sciences (14)
- Commercial Law (11)
- Economics (11)
- Transnational Law (10)
- Environmental Law (8)
- Intellectual Property Law (8)
- Law and Society (8)
- Constitutional Law (6)
- Labor and Employment Law (6)
- Law and Politics (5)
- Dispute Resolution and Arbitration (4)
- Arts and Humanities (3)
- Entertainment, Arts, and Sports Law (3)
- European Law (3)
- Food and Drug Law (3)
- Human Rights Law (3)
- Legislation (3)
- State and Local Government Law (3)
- Business (2)
- Business Organizations Law (2)
- Economic Policy (2)
- Ethics and Political Philosophy (2)
- Government Contracts (2)
- Immigration Law (2)
- Institution
-
- Vanderbilt University Law School (15)
- University of Georgia School of Law (12)
- Duke Law (11)
- Selected Works (11)
- University of Miami Law School (10)
-
- Columbia Law School (7)
- Cornell University Law School (5)
- University of Maryland Francis King Carey School of Law (5)
- American University Washington College of Law (4)
- Nova Southeastern University (4)
- University of Michigan Law School (4)
- BLR (3)
- Fordham Law School (3)
- Maurer School of Law: Indiana University (3)
- Northwestern Pritzker School of Law (3)
- University of Florida Levin College of Law (3)
- University of San Diego (3)
- Case Western Reserve University School of Law (2)
- Maurice A. Deane School of Law at Hofstra University (2)
- New York Law School (2)
- SelectedWorks (2)
- Singapore Management University (2)
- St. Mary's University (2)
- Florida State University College of Law (1)
- George Washington University Law School (1)
- Georgetown University Law Center (1)
- Lewis & Clark Law School (1)
- Loyola University Chicago, School of Law (1)
- Marquette University Law School (1)
- Old Dominion University (1)
- Publication Year
- Publication
-
- Faculty Scholarship (15)
- University of Miami Inter-American Law Review (9)
- Georgia Journal of International & Comparative Law (8)
- Vanderbilt Journal of Transnational Law (8)
- Vanderbilt Law Review (5)
-
- Frank J. Garcia (4)
- ILSA Journal of International & Comparative Law (4)
- Maryland Journal of International Law (4)
- ExpressO (3)
- Northwestern Journal of International Law & Business (3)
- UF Law Faculty Publications (3)
- American University International Law Review (2)
- Cornell International Law Journal (2)
- Cornell Law Faculty Publications (2)
- Fordham Law Review (2)
- Hofstra Law Review (2)
- Indiana Journal of Global Legal Studies (2)
- LLM Theses and Essays (2)
- Law and Contemporary Problems (2)
- Michigan Journal of International Law (2)
- Michigan Law Review (2)
- Research Collection Yong Pung How School Of Law (2)
- San Diego Law Review (2)
- Scholarly Works (2)
- Akron Law Review (1)
- American Indian Law Review (1)
- Animal Law Review (1)
- Articles (1)
- Articles & Chapters (1)
- Articles by Maurer Faculty (1)
- Publication Type
Articles 1 - 30 of 142
Full-Text Articles in Law
Regional Mapping: Digital Provisions Play A Key Role In Asia Pacific Agreements, Henry S. Gao
Regional Mapping: Digital Provisions Play A Key Role In Asia Pacific Agreements, Henry S. Gao
Research Collection Yong Pung How School Of Law
IT HAS become more commonplace for trade agreements in the Asia Pacific to include a variety of digital trade provisions. To understand the salient features of these agreements, it is helpful to map out their main baseline features. Doing so also indicates where digital trade agreements may be going or need to go. This mapping covers all free trade agreements (FTAs) with chapters on e-commerce or digital trade since 2000 by the main players in the region-China, South Korea, Japan, India, Australia, New Zealand, Singapore, Vietnam and Malaysia.
Taxing, Regulating, And Trading Carbon: An Introduction To The Symposium, Timothy Meyer
Taxing, Regulating, And Trading Carbon: An Introduction To The Symposium, Timothy Meyer
Faculty Scholarship
No abstract provided.
American Common Market Redux, Richard Collins
American Common Market Redux, Richard Collins
Publications
The Tennessee Wine case, decided in June of 2019, had a major effect on the path of the law for an issue not argued in it. The Supreme Court affirmed invalidity of a protectionist state liquor regulation that discriminated against interstate commerce in violation of the dormant commerce clause doctrine. Its holding rejected a vigorous defense based on the special terms of the Twenty-first Amendment that ended Prohibition—an issue of interest only to those involved in markets for alcoholic drinks. However, the Court’s opinion removed serious doubts about validity of the Doctrine itself, even though the petitioner and supporting amici …
Why Ricardo's Theory Of Comparative Advantage Regarding Foreign Trade Doesn't Work In Today's Global Economy, Charles W. Murdock
Why Ricardo's Theory Of Comparative Advantage Regarding Foreign Trade Doesn't Work In Today's Global Economy, Charles W. Murdock
Faculty Publications & Other Works
The theoretical basis for international trade is Ricardo’s theory of comparative advantage. Paul Samuelson, one of the leading lights in the economics profession in the 20th century, referred to it as one of the most beautiful ideas in economics. Yet, no one seems to have considered its validity in the context of the current global trade environment.
What free-trade advocates have not done is to look at the bases underlying Ricardo’s theory, namely, that capital is loyal to the country of origin and that the value of currencies is responsive to imbalances in trade. This article demonstrates that capital is …
Trade's Security Exceptionalism, Kathleen Claussen
Trade's Security Exceptionalism, Kathleen Claussen
Articles
At the core of U.S. trade law is an under-studied structural dichotomy. On the one hand, well-established statutory authorities enable the President to eliminate trade barriers through negotiations with U.S. trading partners. On the other hand, different, lesser-known authorities allow the President to erect trade barriers on an exceptional basis where necessary for U.S. economic security. Rather than thinking of free trade as a source of or tool for economic security as political theorists long have, our law codifies these authorities as though they are in contrast to one another-allowing departures from the free trade norm when security so demands. …
Property Rights In Celestial Bodies: A Question Of Pressing Concern To All Mankind, Megan Alexa Mackay
Property Rights In Celestial Bodies: A Question Of Pressing Concern To All Mankind, Megan Alexa Mackay
Marquette Law Review
Commercial interest in outer space is increasing, thanks in part to technological developments and private sector investment. Major spacefaring nations—including the United States, China, and Russia—are suddenly having to grapple with issues of space law that have not been so hotly debated since the Cold War. Unfortunately, the foundational document governing the use of outer space and its resources is the Outer Space Treaty from 1967. Written from the perspective of an earlier era and intentionally nonspecific in much of its phrasing, this agreement has stymied the economic development of space resources by its ambiguously worded prohibition on the appropriation …
Misaligned Lawmaking, Timothy Meyer
Misaligned Lawmaking, Timothy Meyer
Faculty Scholarship
This Article makes three contributions. First, it introduces the Misalignment Thesis in the context of U.S. trade policy. The Misalignment Thesis is a descriptive claim about how the structure of a legislative bargain influences the long-term stability and effectiveness of that bargain. Second, the Article introduces the normative corollary to the Misalignment Thesis: if political stability hinges on respecting the legislative bargain, interdependent policies should be subject to renegotiation on the same timeline and implementation on the same terms. In light of this prescription, I offer three concrete proposals for aligning trade liberalization and trade adjustment assistance in order to …
The Law And Politics Of Socially Inclusive Trade, Timothy Meyer
The Law And Politics Of Socially Inclusive Trade, Timothy Meyer
Faculty Scholarship
No abstract provided.
What Is International Trade Law For?, Harlan G. Cohen
What Is International Trade Law For?, Harlan G. Cohen
Scholarly Works
Events of the past few years, including the Brexit vote in the United Kingdom and the demise of the Trans-Pacific Partnership and election of Donald Trump as President in the United States, have reignited debates about the global trade regime. In particular, many have begun to question whether the trade regime has done enough for those who feel left behind by globalization. While some have held fast to the view that redistribution of trade’s gains is primarily a matter of domestic policy, others have suggested tweaks to the international trade agreements aimed at better spreading the wealth.
But what if …
Trump’S New Trade Policy: Risks For North American Food And Farms, Karen Hansen Kuhn
Trump’S New Trade Policy: Risks For North American Food And Farms, Karen Hansen Kuhn
Journal of Food Law & Policy
In his presidential campaign, Trump promised to build a “great, great wall”, and he promised to renegotiate the terms of the North American Free Trade Agreement (NAFTA), leaving open the possibility of pulling out entirely. There are many concerns with NAFTA as it currently exists and there are many areas in which renegotiation would be welcome. This essay argues, however, the Trump administration’s loyalties to big business could hinder positive change. If NAFTA is significantly renegotiated, it should be with farmer and consumer interests in mind, not those of multinational corporations.
Free Trade, Fair Trade, And Selective Enforcement, Timothy Meyer
Free Trade, Fair Trade, And Selective Enforcement, Timothy Meyer
Faculty Scholarship
No abstract provided.
Trade, Redistribution, And The Imperial Presidency, Timothy Meyer
Trade, Redistribution, And The Imperial Presidency, Timothy Meyer
Faculty Scholarship
No abstract provided.
Restoring Trade's Social Contract, Frank J. Garcia, Timothy Meyer
Restoring Trade's Social Contract, Frank J. Garcia, Timothy Meyer
Faculty Scholarship
No abstract provided.
Free Trade, Fair Trade, And Selective Enforcement, Timothy Meyer
Free Trade, Fair Trade, And Selective Enforcement, Timothy Meyer
Vanderbilt Law School Faculty Publications
The 2016 presidential election was one of the most divisive in recent memory, but it produced a surprising bipartisan consensus. Donald Trump, Hillary Clinton, and Bernie Sanders all agreed that U.S. trade agreements should be, but are not, “fair.” Although only achieving broad consensus recently, the critique that U.S. trade agreements are unfair has been around for decades. Since 1992, much of this fairness critique has focused on ensuring that trade liberalization does not undermine non-commercial values, such as environmental protection and labor conditions. Beginning with the negotiation and ratification of the North American Free Trade Agreement (NAFTA) in the …
Naftthe Road To Free Trade: Chilean Accession, James E. Etri
Naftthe Road To Free Trade: Chilean Accession, James E. Etri
Law and Business Review of the Americas
No abstract provided.
Saving The Political Consensus In Favor Of Free Trade, Timothy Meyer
Saving The Political Consensus In Favor Of Free Trade, Timothy Meyer
Vanderbilt Law Review
2016 was the year that the political consensus in favor of liberalized international trade collapsed. Today, across the world, voters' belief that international trade agreements lead to economic inequality threatens to derail ratification of the next generation of trade agreements and undo the substantial gains made under existing arrangements. The United States elected Donald Trump president on a platform of rolling back or renegotiating trade agreements. President Trump has moved to fulfill that promise immediately upon taking office by "unsigning" the Trans-Pacific Partnership ("TPP), the most recent major effort to liberalize global trading rules, and initiating efforts to renegotiate the …
Trade Law’S Responses To The Rise Of China, Wentong Zheng
Trade Law’S Responses To The Rise Of China, Wentong Zheng
Wentong Zheng
This Article offers a systematic examination of trade law’s responses to the emergence of China as a major player in world trade. As an intricate set of rules written largely prior to the advent of the China era, trade law had to readjust to the powerful newcomer in ways that eventually changed trade law itself. This Article investigates these changes in four major areas of trade law: antidumping, countervailing duties, safeguards, and managed trade. In almost all of those areas, trade law witnessed a protectionist shift against Chinese products at the expense of sound, consistent principles. But, at the same …
Trade Law’S Responses To The Rise Of China, Wentong Zheng
Trade Law’S Responses To The Rise Of China, Wentong Zheng
UF Law Faculty Publications
This Article offers a systematic examination of trade law’s responses to the emergence of China as a major player in world trade. As an intricate set of rules written largely prior to the advent of the China era, trade law had to readjust to the powerful newcomer in ways that eventually changed trade law itself. This Article investigates these changes in four major areas of trade law: antidumping, countervailing duties, safeguards, and managed trade. In almost all of those areas, trade law witnessed a protectionist shift against Chinese products at the expense of sound, consistent principles. But, at the same …
Trips Article 31(B) And The Hiv/Aids Epidemic, Johanna Kehl
Trips Article 31(B) And The Hiv/Aids Epidemic, Johanna Kehl
Journal of Intellectual Property Law
No abstract provided.
A Supreme Court Homecoming, George S. Isaacson
A Supreme Court Homecoming, George S. Isaacson
The Journal of Appellate Practice and Process
No abstract provided.
Legitimacy And The International Trade Regime, Thomas Christiano
Legitimacy And The International Trade Regime, Thomas Christiano
San Diego Law Review
Issues of global justice and trade are usually dealt with in terms of what a just system of trade is like and what the distribution of income, opportunities, or welfare ought to be. But the question I address and explore is what a legitimate way of making decisions in the international realm is. This issue has arisen acutely in the case of the formation of the World Trade Organization (WTO) and other international institutions. In particular, many have complained that developed countries engaged in hard bargaining with developing countries in the conferences that led up to the formation of the …
How To Construct Global Justice, Aaron James
How To Construct Global Justice, Aaron James
San Diego Law Review
Do social relationships between people give rise to any demands of social justice whatsoever? If they do, are they of any practical significance given the relationships living human beings are actually in? And, might they be so significant as to ground a theory of global justice—if not the whole of anything rightly called justice, then at least of the central range of issues in world politics? Finally, could that perhaps be what a political philosophy of global justice should mainly be about?
Here, in bare outline, is how the answers to all of these questions might be “yes,” at least …
Free Trade Then And Now, Or Still Manchester United, Maimon Schwarzschild
Free Trade Then And Now, Or Still Manchester United, Maimon Schwarzschild
Faculty Scholarship
No abstract provided.
Balancing National Public Policy And Free Trade, Diane A. Desierto
Balancing National Public Policy And Free Trade, Diane A. Desierto
Pace International Law Review
In the wake of the impasse between the World Trade Organization (WTO) and India regarding the ratification of the Protocol to the Trade Facilitation Agreement (TFA) that concluded during the Ninth WTO Ministerial Conference in Bali, Indonesia on December of 2013, WTO Director-General Roberto Azevedo admitted that while the WTO succeeds in resolving trade disputes and monitoring trade practices, it “has failed to deliver new multilateral results since its creation.” This systemic failure in the trade negotiations pillar of the WTO is evident to all of its 160 Members. It is evident from thirteen years of stalled negotiations under the …
Reconciling Cultural Diversity And Free Trade In The Digital Age: A Cultural Analysis Of The International Trade In Content Items, Claire Wright
Reconciling Cultural Diversity And Free Trade In The Digital Age: A Cultural Analysis Of The International Trade In Content Items, Claire Wright
Akron Law Review
This article is the first in a series of three articles by the same author on the subject of the World Trade Organization (WTO) rules on content items, such as movies and music recordings. This first article in the series provides a cultural analysis of the international trade in content items.
Customs Valuation In The European Economic Community, William M. Snyder
Customs Valuation In The European Economic Community, William M. Snyder
Georgia Journal of International & Comparative Law
No abstract provided.
The Foreign Investment Review Agency (Fira) And The General Agreement On Tariffs And Trade (Gatt): Incompatible?, Emily F. Carasco
The Foreign Investment Review Agency (Fira) And The General Agreement On Tariffs And Trade (Gatt): Incompatible?, Emily F. Carasco
Georgia Journal of International & Comparative Law
No abstract provided.
Mega-Regional Trade, Joshua Meltzer
Mega-Regional Trade, Joshua Meltzer
Brookings Scholar Lecture Series
This lecture will discuss the impact of the Trans Pacific Partnership negotiations and the Transatlantic Trade and Investment Partnership negotiations on U.S. economic competitiveness and leadership in Asia and Europe. This will lead into a discussion of large Free Trade Areas (FTA), or groups of countries that have few or no price controls in the form of tariffs or quotas between each other. FTAs allow the agreeing nations to focus on their comparative advantages and to produce the goods they are comparatively more efficient at making, thus increasing the efficiency and profitability of each country. We will explore the impact …
Antidumping Law: The Court Of International Trade Establishes The Guidelines The International Trade Commission Must Follow In Assessing The Validity Of An Existing Antidumping Order, Stephen E. Farish
Georgia Journal of International & Comparative Law
No abstract provided.