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Articles 1 - 17 of 17
Full-Text Articles in Law
A Tribute To Paul Szasz, John Barceló Iii, David Wippman
A Tribute To Paul Szasz, John Barceló Iii, David Wippman
John J. Barceló III
No abstract provided.
Burden Of Proof, Prima Facie Case And Presumption In Wto Dispute Settlement, John J. Barceló Iii
Burden Of Proof, Prima Facie Case And Presumption In Wto Dispute Settlement, John J. Barceló Iii
John J. Barceló III
The essay maintains that the WTO Appellate Body's concepts and terminology concerning a claimant's burden of proof-the concepts of prima facie case, presumption, and burden shifting-are disturbingly ambiguous and potentially misleading. This is so whether one thinks of these terms from either a common law or a civil law perspective. In the face of the current ambiguity, a future panel might understand the AB's prima facie case concept to require an overwhelming level of proof from the claimant. On the other hand, a different panel might allow a rather weak level of claimant's proof to meet the prima facie requirement, …
The Antidumping Law: Repeal It Or Revise It, John J. Barceló Iii
The Antidumping Law: Repeal It Or Revise It, John J. Barceló Iii
John J. Barceló III
No abstract provided.
Who Decides The Arbitrators' Jurisdiction? Separability And Competence-Competence In Transnational Perspective, John J. Barceló Iii
Who Decides The Arbitrators' Jurisdiction? Separability And Competence-Competence In Transnational Perspective, John J. Barceló Iii
John J. Barceló III
No abstract provided.
A History Of Gatt Unfair Trade Remedy Law--Confusion Of Purposes, John J. Barceló Iii
A History Of Gatt Unfair Trade Remedy Law--Confusion Of Purposes, John J. Barceló Iii
John J. Barceló III
This paper presents an analytical history of anti-dumping and anti-subsidy law in GATT and its member countries. In recent years this body of ‘unfair trade remedy’ law has flourished in the western trading system. Important trading countries have adopted new or expanded anti-dumping and anti-subsidy laws and imposed trade-blocking remedies under them more frequently than ever before. I try to explain in this essay how and why these laws--which I view as protectionist--have prospered and become so rooted in GATT and its member countries.
Developing Countries And The Wto, John Barceló Iii
Developing Countries And The Wto, John Barceló Iii
John J. Barceló III
When the World Trade Organization (WTO) was founded ten years ago on January 1, 1995, commentators hailed it as a major transformation of the world trading system. The new, more juristic and permanent World Trade Organization replaced the previous, more pragmatic and ad hoc General Agreement on Tariffs and Trade (GATT). The industrial countries, led by the United States, the EU, and Japan, brought about this change to consolidate and deepen their own and the world’s commitment to an open trading system. Their support for the change was crucial because they dominated the GATT, and they continue to dominate the …
The Paradox Of Excluding Wto Direct And Indirect Effect In U.S. Law, John J. Barceló Iii
The Paradox Of Excluding Wto Direct And Indirect Effect In U.S. Law, John J. Barceló Iii
John J. Barceló III
No abstract provided.
Subsidies, Countervailing Duties And Antidumping After The Tokyo Round, John J. Barceló Iii
Subsidies, Countervailing Duties And Antidumping After The Tokyo Round, John J. Barceló Iii
John J. Barceló III
No abstract provided.
Canada And The United States: A Changing Relationship In A Changing World, Panel Discussion And Prognostications, John J. Barceló Iii
Canada And The United States: A Changing Relationship In A Changing World, Panel Discussion And Prognostications, John J. Barceló Iii
John J. Barceló III
No abstract provided.
Expanded Judicial Review Of Awards After Hall Street And In Comparative Perspective, John J. Barceló Iii
Expanded Judicial Review Of Awards After Hall Street And In Comparative Perspective, John J. Barceló Iii
John J. Barceló III
The essay addresses whether party preference for more intrusive court review of the facts and law of an aribitral award will (or should) be respected in national arbitration law. The recent U.S. Supreme Court decision in Hall Street rules that expanded review clauses are not enforceable under the Federal Arbitration Act. The essay argues, however, that expanded review of an international arbitral award should still be possible in the U.S. if the parties draft the arbitration clause carefully. For that purpose the parties should include an expanded review clause and should place the arbitral seat in a State that allows …
Symposium The International Legal Regime For Antarctica: Introduction, John J. Barceló Iii
Symposium The International Legal Regime For Antarctica: Introduction, John J. Barceló Iii
John J. Barceló III
No abstract provided.
Subsidies And Countervailing Duties--Analysis And A Proposal, John J. Barceló Iii
Subsidies And Countervailing Duties--Analysis And A Proposal, John J. Barceló Iii
John J. Barceló III
The author recommends a new scheme for regulating the use of government subsidies and countervailing duties in international trade, an area presently regulated by the General Agreement on Tariffs and Trade. He contends that these rules should be based to a large extent on principles of free trade and economic efficiency. In addition to setting out proposed regulations, the author analyzes the strength and weaknesses of free trade theory and of the present GATT rules regarding subsidies and countervailing duties.
Antidumping Laws As Barriers To Trade--The United States And The International Antidumping Code, John Barceló Iii
Antidumping Laws As Barriers To Trade--The United States And The International Antidumping Code, John Barceló Iii
John J. Barceló III
No abstract provided.
Ecj Review Of Member State Measures For Compliance With Fundamental Rights, John J. Barceló Iii
Ecj Review Of Member State Measures For Compliance With Fundamental Rights, John J. Barceló Iii
John J. Barceló III
This essay explores the avenues through which a European-level system of fundamental rights might be effectively enforced against EU Member State measures. The parallel concept in the U.S. occurred when, starting in 1938, the U.S. Supreme Court began ruling that different distinct guarantees in the Federal Bill of Rights of the U.S. Constitution controlled State government measures. In the EU, the European Court of Justice (ECJ) could conceivably follow a similar line of development within the EU system, or, on the other hand, the European Court for Human Rights (ECtHR) could play that role. This essay explores these options and …
International Law At The Cornell Law School, John J. Barceló Iii, Lee E. Teitelbaum
International Law At The Cornell Law School, John J. Barceló Iii, Lee E. Teitelbaum
John J. Barceló III
No abstract provided.
The Status Of Wto Rules In U.S. Law, John J. Barceló Iii
The Status Of Wto Rules In U.S. Law, John J. Barceló Iii
John J. Barceló III
Under U.S. implementing legislation and recent court decisions the WTO agreements and rulings have neither direct nor even indirect effect within the U.S. legal system. Political-economic theory can explain this result and the paradox of Congressional support (even mandate) for the more legally binding WTO dispute settlement regime that emerged from the Uruguay Round appearing side-by-side with Congressional insistence on a firewall of separation between WTO law and the U.S. legal system. It can also explain the few exceptional cases - for example, the TRIPS and Government Procurement Agreements - in which the parties adopted a form of quasi-direct effect. …
Product Standards To Protect The Local Environment--The Gatt And The Uruguay Round Sanitary And Phytosanitary Agreement, John J. Barceló Iii
Product Standards To Protect The Local Environment--The Gatt And The Uruguay Round Sanitary And Phytosanitary Agreement, John J. Barceló Iii
John J. Barceló III
No abstract provided.