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Full-Text Articles in Law

Cooperation In International Antitrust, Andrew Guzman Dec 2006

Cooperation In International Antitrust, Andrew Guzman

Andrew T Guzman

No abstract provided.


Research Handbook In International Economic Law, Elgar Publishing, Andrew Guzman, Alan Sykes Dec 2006

Research Handbook In International Economic Law, Elgar Publishing, Andrew Guzman, Alan Sykes

Andrew T Guzman

This edited volume features chapters from leading legal thinkers outlining the current state and future direction of international economic law. It provides an up to date and comprehensive tour of legal issues in international economic law, addressing trade, commercial law, tax, competition law, investment, finance, intellectual property, telecommunications, environment, and dispute resolution. Each chapter is written by an expert on the subject and is intended both to provide a snapshot of the current state on the law and an evaluation of where the law stands today.


Dispute Resolution In Sps Cases, Andrew T. Guzman Dec 2006

Dispute Resolution In Sps Cases, Andrew T. Guzman

Andrew T Guzman

The Agreement on Sanitary and Phytosanitary Measures (SPS Agreement) aims to find the right equilibrium between safeguarding each Member’s interest in protecting its domestic market from products that threaten the life or health of humans, animals or plants and ensuring that these threats are not abusively invoked by individual Members in order to distort international trade patterns.

This article proposes that the DSB should apply a more deferential standard of review when evaluating: (1) the level of risk a state is prepared to tolerate; (2) scientific data; and (3) the relationship between the measure at issue and the ‘risk assessment’ …


Customary International Law In The 21st Century, Andrew T. Guzman, Timothy L. Meyer Dec 2006

Customary International Law In The 21st Century, Andrew T. Guzman, Timothy L. Meyer

Andrew T Guzman

This chapter argues that rules of CIL support “harder” legal agreements by reducing the costs associated with such agreements. Beyond this supporting role for CIL, this chapter also argues that formal legal institutions provide ways in which states can create more credible rules of CIL. Under standard rational choice assumptions, states create legal obligations to maximize their cooperative gains, taking into account transaction costs. In an environment in which states exercise a veto over legal obligations flowing from explicit agreements, transaction costs can prevent the creation, by way of agreement, of an otherwise beneficial legal obligation. CIL can bridge this …


International Competition Law, Andrew T. Guzman Dec 2006

International Competition Law, Andrew T. Guzman

Andrew T Guzman

No abstract provided.