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Articles 1 - 30 of 63
Full-Text Articles in Law
Nafta Title Vi Customs Modernization Act: An Importer’S Obligation To Use “Reasonable Care” Vs. Its Desire To Maximize Profits, Rosi Lehr
Rosi Lehr
No abstract provided.
The World Trade Organization Dispute Over Genetically Modified Organisms: The Precautionary Principle Meets International Trade Law, David A. Wirth
The World Trade Organization Dispute Over Genetically Modified Organisms: The Precautionary Principle Meets International Trade Law, David A. Wirth
David A. Wirth
“Precaution” is increasingly accepted as a basis for governmental policy in the areas of public health and environment on both the domestic and international levels. A precautionary perspective counsels action to avert danger or threats in situations of scientific uncertainty or incomplete information. Precautionary approaches find expression in internationally harmonized formulations as non-binding exhortations, binding treaties, and meta-level principles. Precaution is a particular challenge to free trade agreements, whose purpose is to eliminate unjustified barriers to trade. In that context, precaution as a justification for a challenged governmental measure may appear to be nothing more than a pretext for protectionism. …
Plain Packaging And The Interpretation Of The Trips Agreement, Daniel J. Gervais, Susy Frankel
Plain Packaging And The Interpretation Of The Trips Agreement, Daniel J. Gervais, Susy Frankel
Daniel J Gervais
Plain packaging of cigarettes as a way of reducing tobacco consumption and its related health costs and effects raises a number of international trade law issues. The plain packaging measures adopted in Australia impose strict format requirements on word trademarks (such as Marlboro or Camel) and ban the use of figurative marks (colors, logos, etc.). As a result, questions have been raised as to plain packaging’s compatibility with the World Trade Organization’s (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). WTO members can validly take measures to protect and promote public health, but in doing so they …
Are Consumer-Oriented Rules The New Frontier Of Trade Liberalization?, Sonia E. Rolland
Are Consumer-Oriented Rules The New Frontier Of Trade Liberalization?, Sonia E. Rolland
Sonia Elise Rolland
Lead paint toys and tainted baby formula milk from China, along with other scares involving consumer goods, have focused the public’s attention on the risks of a global supply chain that no state controls. Yet, domestic instruments available to protect consumers against unsafe or undesirable foreign goods and services are limited. This article explores, from a comparative legal perspective, what shapes international trade regimes to be more or less consumer oriented, using primarily EU law as a counterpoint to the WTO, but also NAFTA and MERCOSUR. Ultimately, it suggests that the WTO’s producer-centered liberalization focus leaves consumers underserved and it …
Presentation On Global Justice And International Economic Law: Three Takes, Frank Garcia
Presentation On Global Justice And International Economic Law: Three Takes, Frank Garcia
Frank J. Garcia
No abstract provided.
Using Trade To Enforce International Environmental Law: Implications For United States Law, Mary Ellen O'Connell
Using Trade To Enforce International Environmental Law: Implications For United States Law, Mary Ellen O'Connell
Mary Ellen O'Connell
No abstract provided.
Creating Wto Law By Stealth: Gsp Conditionalities And The Ec – Tariff Preferences Case, Alex Ansong
Creating Wto Law By Stealth: Gsp Conditionalities And The Ec – Tariff Preferences Case, Alex Ansong
Alex Ansong
The WTO is witnessing an increasing intrusion of its remit into areas that hitherto were the preserve of the state. This makes the legitimacy of its law creation process critical. The article engages in analyses of the conditionalities in developed countries’ Generalized System of Preferences (GSP) schemes, notably those of the EU. It argues that the maintenance of conditionalities in developed countries’ GSP schemes can result in extra regulatory burdens for developing countries and can have the effect of creating WTO law by stealth. The analyses centre on the Appellate Body decision in the EC – Tariff Preferences case.
Tpp – Australian Section-By-Section Analysis Of The Enforcement Provisions Of The August Leaked Draft, Kimberlee G. Weatherall
Tpp – Australian Section-By-Section Analysis Of The Enforcement Provisions Of The August Leaked Draft, Kimberlee G. Weatherall
Kimberlee G Weatherall
This paper analyses the leaked 30 August 2013 text of the TPP IP Chapter from an Australian perspective, focusing on the enforcement provisions only. The goal is to assess the compatibility of provisions in the current draft with Australian law and Australia’s international obligations: including TRIPS and the Australia-US Free Trade Agreement (AUSFTA).
Reading the IP provisions of the TPP IP chapter leak dated August 2013 is a maddening, dispiriting process. The provisions are written like legislation, not treaty, suggesting a complete lack of good faith and trust on the part of the negotiating countries. There are subtle tweaks of …
Tpp –Section-By-Section Analysis Of The Copyright Provisions (August 30 2013 Leaked Text), Kimberlee G. Weatherall
Tpp –Section-By-Section Analysis Of The Copyright Provisions (August 30 2013 Leaked Text), Kimberlee G. Weatherall
Kimberlee G Weatherall
This paper analyses the copyright provisions of the leaked 30 August 2013 text of the TPP IP Chapter. It is a companion to an already-published analysis of the enforcement provisions. The goal is to go through the text, section by section, and assess the effect of the provisions, their compatibility with other international instruments: including TRIPS, the WCT and WPPT, and an example US FTA (the Australia-US FTA).
Free Trade And The Regulatory State: A Gatt's-Eye View Of The Dormant Commerce Clause, Daniel A. Farber, Robert E. Hudec
Free Trade And The Regulatory State: A Gatt's-Eye View Of The Dormant Commerce Clause, Daniel A. Farber, Robert E. Hudec
Daniel A Farber
No abstract provided.
Resolving The Double Remedy Dispute: A Critique Of The Wto Appellate Body’S Decision In United States – Definitive Anti-Dumping And Countervailing Duties On Certain Products From China, Matthew R. Kelly Mr.
Resolving The Double Remedy Dispute: A Critique Of The Wto Appellate Body’S Decision In United States – Definitive Anti-Dumping And Countervailing Duties On Certain Products From China, Matthew R. Kelly Mr.
Matthew R Kelly Mr.
No abstract provided.
Asean's Liberalization Of Legal Services: The Singapore Case, Pasha L. Hsieh
Asean's Liberalization Of Legal Services: The Singapore Case, Pasha L. Hsieh
Pasha L. HSIEH
No abstract provided.
U.S.-Latin American Free Trade Agreements And Access To Medicine, Dominique Lochridge-Gonzales
U.S.-Latin American Free Trade Agreements And Access To Medicine, Dominique Lochridge-Gonzales
Dominique Lochridge-Gonzales
U.S.-Latin American Free Trade Agreements and Access to Medicine analyzes the effects of FTA provisions on access to medicine. Access to medicine lies at the heart of the crossroads between the international human right to health and international intellectual property law delineated in TRIPS. True availability of essential medicines to millions of people depends on a balance between the formations of these medicines in the first place (through rewarding innovation) and promulgating rules that allow for practicable access to those medicines. FTAs provide a method for implementing the right to health by fostering practicable access to essential medicines in the …
Prejudgment Interest In International Arbitration, Jeffrey M. Colon, Michael S. Knoll
Prejudgment Interest In International Arbitration, Jeffrey M. Colon, Michael S. Knoll
Jeffrey M. Colon
Tribunals in international arbitration are regularly asked by claimants to award prejudgment interest. Unless foreclosed by an agreement between the parties, there is widespread agreement prejudgment interest should put the claimant in the same position as it would have been had it not been injured by the respondent. However, there is little consensus how to calculate prejudgment interest in order to accomplish that purpose. In this Essay, we describe the proper method of calculating prejudgment interest based on sound financial principles. Using the paradigm that the respondent has forced the claimant to make an involuntary loan to the respondent, we …
Chinese Law, Trade And The New Century, Robert C. Berring
Chinese Law, Trade And The New Century, Robert C. Berring
Robert Berring
China crammed a great deal of political activity into the 20th Century. In the year 1900 the Q'ing Dynasty still ruled the remnants of an ancient empire. The Q'ing conspired with rebels in the Boxer Rebellion in the hopes of expelling all foreigners from Chinese soil and returning to splendid isolation. In the year 2000 China is a superpower balancing communist theory and a capitalist market that is about to join the World Trade Organization. The intervening years saw warlords, democrats, fascists, Marxists and all stripes of communists leading the world's largest nation. As China enters the new millennium of …
Dispute Resolution: The Mutual Agreement Procedure, Hugh Ault
Dispute Resolution: The Mutual Agreement Procedure, Hugh Ault
Hugh J. Ault
No abstract provided.
Some Reflections On The Oecd And The Sources Of International Tax Principles, Hugh Ault
Some Reflections On The Oecd And The Sources Of International Tax Principles, Hugh Ault
Hugh J. Ault
This article is the revised text of a lecture held on May 2, 2013, at the Max Planck Institute for Tax Law and Public Finance. It focuses on the OECD's work on the definition of Permanent Establishment, the transfer pricing treatment of Intangibles and the recently announced project on base erosion and profit shifting ("BEPS"). After describing these positive law developments, Ault relates to more basic questions of how principles of international tax law, and particular the normative claims to taxing rights, are established.
Insulating Domestic Policy Through International Legal Minimalism: A Re-Characterization Of The Foreign Affairs Trade Doctrine, James T. Gathii
Insulating Domestic Policy Through International Legal Minimalism: A Re-Characterization Of The Foreign Affairs Trade Doctrine, James T. Gathii
James T Gathii
No abstract provided.
African Regional Trade Agreements As Flexible Legal Regimes, James T. Gathii
African Regional Trade Agreements As Flexible Legal Regimes, James T. Gathii
James T Gathii
No abstract provided.
The Under-Appreciated Jurisprudence Of African Regional Trade Judiciaries, James T. Gathii
The Under-Appreciated Jurisprudence Of African Regional Trade Judiciaries, James T. Gathii
James T Gathii
No abstract provided.
Process And Substance In Wto Reform, James T. Gathii
Process And Substance In Wto Reform, James T. Gathii
James T Gathii
No abstract provided.
How American Support For Freedom Of Commerce Legitimized King Leopold’S Territorial Ambitions In The Congo, James T. Gathii
How American Support For Freedom Of Commerce Legitimized King Leopold’S Territorial Ambitions In The Congo, James T. Gathii
James T Gathii
No abstract provided.
Retelling Good Governance Narratives On Africa’S Economic And Political Predicaments: Continuities And Discontinuities In Legal Outcomes Between Markets And States, James T. Gathii
James T Gathii
No abstract provided.
Neoliberalism, Colonialism And International Governance: Decentering The International Law Of Governmental Legitimacy, James T. Gathii
Neoliberalism, Colonialism And International Governance: Decentering The International Law Of Governmental Legitimacy, James T. Gathii
James T Gathii
No abstract provided.
Corruption And Donor Reforms: Expanding The Promises And Possibilities Of The Rule Of Law As An Anti-Corruption Strategy In Kenya, James T. Gathii
Corruption And Donor Reforms: Expanding The Promises And Possibilities Of The Rule Of Law As An Anti-Corruption Strategy In Kenya, James T. Gathii
James T Gathii
No abstract provided.
International Trade And U.S. Antitrust Law, J. Kessler, Alexander Tsesis
International Trade And U.S. Antitrust Law, J. Kessler, Alexander Tsesis
Alexander Tsesis
No abstract provided.
Between Cosmopolis And Community: Globalization And The Emerging Basis For Global Justice, Frank J. Garcia
Between Cosmopolis And Community: Globalization And The Emerging Basis For Global Justice, Frank J. Garcia
Frank J. Garcia
Globalization is fundamentally transforming economic and social relations but its impact has yet to be fully realized in jurisprudence and political theory. In this article I argue that globalization is creating new normative possibilities by developing the social basis for a truly “global” justice, thereby transcending the objections most commonly raised by contractarian and communitarian critics. As globalization reduces or eliminates the role of time and space in many kinds of interactions, we see emerging a new global community, consisting of shared understandings, practices, and traditions capable of supporting obligations of justice at a global level. Members of this global …
Between Cosmopolis And Community: Globalization And The Emerging Basis For Global Justice, Frank J. Garcia
Between Cosmopolis And Community: Globalization And The Emerging Basis For Global Justice, Frank J. Garcia
Frank J. Garcia
Globalization is fundamentally transforming economic and social relations but its impact has yet to be fully realized in jurisprudence and political theory. In this article I argue that globalization is creating new normative possibilities by developing the social basis for a truly “global” justice, thereby transcending the objections most commonly raised by contractarian and communitarian critics. As globalization reduces or eliminates the role of time and space in many kinds of interactions, we see emerging a new global community, consisting of shared understandings, practices, and traditions capable of supporting obligations of justice at a global level. Members of this global …
Principles And Practice Of International Commercial Arbitration, 2d Ed., Margaret Moses
Principles And Practice Of International Commercial Arbitration, 2d Ed., Margaret Moses
Margaret L. Moses
No abstract provided.
African Regional Trade Agreements As Legal Regimes, James Gathii
African Regional Trade Agreements As Legal Regimes, James Gathii
James T Gathii
No abstract provided.