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Full-Text Articles in Law
Trade And The Environment: Equilibrium Or Imbalance?, Douglas J. Caldwell, David A. Wirth
Trade And The Environment: Equilibrium Or Imbalance?, Douglas J. Caldwell, David A. Wirth
Michigan Journal of International Law
Review of Greening the GATT: Trade, Environment, and the Future by Daniel C. Esty; Freer Trade, Protected Environment: Balancing Trade Liberalization and Environmental Interests by C.Ford Runge, François Ortalo-Magné, and Philip Vande Kamp; Trade and the Environment: The Search for Balance (James Cameron, Paul Demaret & Damien Geradin, eds.); and Trading Up: Consumer and Environmental Regulation in a Global Economy by David Vogel
Reformulated Gasoline Under Reformulated Wto Dispute Settlement Procedures: Pulling Pandora Out Of A Chapeau?, Jeffrey Waincymer
Reformulated Gasoline Under Reformulated Wto Dispute Settlement Procedures: Pulling Pandora Out Of A Chapeau?, Jeffrey Waincymer
Michigan Journal of International Law
Part I of the article begins by outlining existing GATT/WTO provisions concerning trade-related environmental measures which were relevant to the Reformulated Gasoline case. Part II then outlines the facts in the dispute and gives a brief introduction to the decisions at the Panel and Appellate Body stages. Part III deals with the present and potential implications for the appellate process in terms of the substance of the dispute, the methodology and procedure adopted, and the wider issues that the case brings to attention. This Part also addresses some of the theoretical and practical issues that affect the question of the …
Theft By Territorialism: A Case For Revising Trips To Protect Trademarks From National Market Foreclosure, Beth Fulkerson
Theft By Territorialism: A Case For Revising Trips To Protect Trademarks From National Market Foreclosure, Beth Fulkerson
Michigan Journal of International Law
This Note will argue that the "well-known mark" standard of the Paris Convention, which is also adopted by the Agreement on Trade-Related Aspects of Intellectual Property Rights, Including Trade in Counterfeit Goods (TRIPS), the North American Free Trade Agreement (NAFTA), and the European Community (EC), is an artifact of an era when markets were circumscribed by national borders and granting a monopoly on a trademark in one country on the basis of its use in another was unreasonable because the likelihood of confusion was minimal. Today, however, the trademark originator's intent to expand beyond its original market should be presumed. …
World Trade And The Environment: The Cafe Case, Eric Phillips
World Trade And The Environment: The Cafe Case, Eric Phillips
Michigan Journal of International Law
This Note examines the CAFE case in the context of the debate over trade and the environment. It argues that the panel decision has aspects that support the notion that the international trading system can be compatible with efforts to protect the environment, and also has aspects that demonstrate that these do indeed clash, limiting efforts to protect the environment. Part I of this Note describes the CAFE law and places it in the context of domestic and international efforts to prevent global warming. Part II examines the panel's decision, arguing that the panel acted well within the scope of …