Law Commons^™

Regime Shifting Of Ip Law Making And Enforcement From The Wto To The International Investment Regime, James T. Gathii, Cynthia M. Ho

James T Gathii

No abstract provided.

Regime Shifting Of Ip Law Making And Enforcement From The Wto To The International Investment Regime, James T. Gathii, Cynthia M. Ho

Cynthia M Ho

No abstract provided.

Still Dissatisfied After All These Years: Intellectual Property, Post-Wto China, And The Avoidable Cycle Of Futility, Peter K. Yu

Peter K. Yu

No abstract provided.

After The Fall: Financial Crisis And The International Order, Robert B. Ahdieh

Robert B. Ahdieh

Recent years have challenged the international order to a degree not seen since World War II — and perhaps the Great Depression. As the U.S. housing crisis metastasized into a financial and economic crisis of grave proportions, and spread to nearly every corner of the globe, the strength of our international institutions — the International Monetary Fund, the World Trade Organization, the Group of Twenty, the Basel Committee on Banking Supervision, and others — was tested as never before. Likewise tested, were the limits of our national commitment to those institutions, to our international obligations, and to global engagement more …

Communitizing Transnational Regulatory Concerns, Sungjoon Cho, Cecilia M. Suh, Jacob Radecki

Sungjoon Cho

Lodging The Sustainable Development Goals In The International Trade Regime: From Trade Rhetoric To Trade Plethoric, Nasser A. Alreshaid

Nasser A Alreshaid

While the international community is stimulated by the new sustainable development goals’ impetus, the global trade regime lives through its 40’s mid-life crisis and anticipates what it does not know. Views of the multilateral trading system being stalled by a proliferation of other preferential trade agreements, signal a deep inquiry into this policy trend. What this paper intends to highlight though, is that if lessons are drawn from the new sustainable development goals, these global trade challenges could be mere air turbulence. By introducing the needs of states and their constituents through these goals, an inclusive and more representative international …

Overcoming The Geneva Impasse: How Regional Trade Agreements Can Help Global Trade, Chin Leng Lim

Chin Leng Lim

The World Trade Organisaton’s rules have permitted regional trade agreements since 1947. Over the years its membership has made only half-hearted efforts to tighten these rules. Without ignoring some well-known drawbacks which attend regional trade agreements, we need to understand the reasons for this hesitancy: regional agreements can help global trade.

Working Borders: Linking Debates About Insourcing And Outsourcing Of Capital And Labor, Chantal Thomas

Chantal Thomas

No abstract provided.

Should The World Trade Organization Incorporate Labor And Environmental Standards?, Chantal Thomas

Chantal Thomas

No abstract provided.

Transfer Of Technology In The Contemporary International Order, Chantal Thomas

Chantal Thomas

No abstract provided.

Constitutional Change And International Government, Chantal Thomas

Chantal Thomas

No abstract provided.

The Club Approach To Multilateral Trade Lawmaking, Nicolas Lamp

Nicolas Lamp

The World Trade Organization (WTO) stands at the center of an emerging world of global economic governance. Its rules affect important aspects of all our lives – how much we pay for the products that we purchase, what types of employment are open to us, and which medicines we can access. And yet, while the WTO was conceived as a “negotiating machine” that would develop rules in sync with an increasingly dynamic global economy, negotiations on a new set of global trade rules have now been deadlocked for over a decade. This impasse is all the more surprising in light …

“Gatting” The New Climate Treaty Right: Leveraging Energy Subsidies To Promote Multilateralism, Deepa Badrinarayana

Deepa Badrinarayana

The Interaction Of Tax And Non-Tax Treaties, Robert A. Green

Robert A. Green

This background note consists of two parts. Part one provides an overview of the extent to which tax matters are currently covered in non-tax treaties. This discussion focuses on the general agreement on tariffs and trade (GATT)/World Trade Organization (WTO) agreement and the North American free trade agreement (NAFTA) (which cover direct tax measures only to a limited extent) and the European Community (EC) treaty (which covers direct tax measures more broadly). Part two outlines the issues raised when tax matters are covered in non-tax treaties.

Acuerdo De Facilitación Al Comercio De La Omc: Eficiencia En Las Cadenas De Suministro Mundiales, Rodolfo C. Rivas Rea

Rodolfo C. Rivas

The author provides a brief overview of the negotiation process of the Trade Facilitation Agreement under the WTO and the bringing to a successful conclusion of the agreement during the Ninth Ministerial Conference hosted by Indonesia. The author then delves into the general contents of the agreement and the possible benefits it can bring to the private sector, specifically in relation to the Global value chains. ////////////////////////////////////// El autor ofrece un breve panorama general del proceso de negociación del Acuerdo de Facilitación del Comercio (AFC) de la OMC y la exitosa conclusión del acuerdo durante la Novena Conferencia Ministerial en …

Us-China Trade Relations—Litigation In The Wto 2001–2014., Stuart Malawer

stuart malawer

No abstract provided.

Behavioral International Law, Tomer Broude

Tomer Broude

Economic analysis and rational choice have in the last decade made significant inroads into the study of international law and institutions, relying upon standard assumptions of perfect rationality of states and decision-makers. This approach is inadequate, both empirically and in its tendency towards outdated formulations of political theory. This article presents an alternative behavioral approach that provides new hypotheses addressing problems in international law while introducing empirically grounded concepts of real, observed rationality. First, I address methodological objections to behavioral analysis of international law: the focus of behavioral research on the individual; the empirical foundations of behavioral economics; and behavioral …

The Depth Of The Trade In Services Agreement, Harold Godsoe

Harold Godsoe

The setting against which plurilateral negotiations toward a new Trade in Services Agreement (TISA) are taking place is frustration. Service liberalization from GATS to bilateral PTAs to the Doha round have proven difficult and/or ineffective. The glaring and unexamined question is: why? This paper examines the current trade literature for what is known about TISA to date and subjects that information to a feasibility analysis for trade in service agreements. My goal is to understand what went wrong in previous attempts to liberalize services and/or trade and, consequently, what might being going wrong in TISA, and how it might be …

Australian Plain Packaging Law, International Litigations And Regulatory Chilling Effect, Lukasz A. Gruszczynski

Lukasz A Gruszczynski

Introduction of plain packaging law by Australia in 2012 was met with strong opposition from transnational tobacco companies (TTCs). While advocates of the law see it as a logical step in governmental efforts to curb tobacco use and improve public health in Australia, TTCs claim that the new law is scientifically unsound, overly intrusive and that it infringes a number of international law provisions relating to trademark and property protection. Some TTCs, either directly or indirectly,have decided to test the Australian measure before international tribunals. Although, these challenges are connectedwith interests held by TTCs in Australia, they should be seen …

International Economic Law And The Right To Food, Carmen G. Gonzalez

Carmen G. Gonzalez

This chapter examines the historic and current policies and practices that have contributed to food insecurity in the global South. It analyzes the impact of international economic law on the patterns of trade and production that perpetuate food insecurity, and recommends concrete measures that the international community might take through law and regulation to promote the fundamental human right to food. Part I provides a short introduction to the right to food framework and its implications for international trade, investment, and finance. Part II places the current food crisis in historical perspective by discussing the trade and aid policies that …

Proportionality, General Principles Of Law, And Investor-State Arbitration: A Response To Jose Alvarez, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.

The Wages Of Belonging: Rare Earths From China, And The Return Of Gatt À La Carte, Chin Leng Lim, J. H. Senduk

Chin Leng Lim

China has lost the Rare Earths case before a Panel which, however, split 2:1 on whether the Chinese Accession Protocol's general ban on export duties would allow General Agreement on Tariffs and Trade (GATT) Article XX to be invoked. The question affects whether other Recently Acceded Members' (RAMs') WTO-plus terms of accession should generally be read together with the GATT. Export quotas are unproblematic because Article XI is contained in the GATT. China's quota-based conservation measures were however strictly scrutinized, raising other questions about the room RAMs have to invoke Article XX if they might have to depend upon highly …

Transparency In International Economic Relations And The Role Of The Wto, Padideh Ala'i , Matthew D'Orsi

Padideh Ala'i

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 …

The Tbt Agreement And Tobacco Control Regulations, Lukasz A. Gruszczynski

Lukasz A Gruszczynski

The article analyses reports issued by the panel and the Appellate Body in the US – Measures Affecting the Productions and Sale of Clove Cigarettes dispute and attempts to assess their broader consequences for national tobacco control policies. Both reports are particularly important because they clarify the limits existing under WTO law, in particular the TBT Agreement, in this policy space. In this context, the article investigates whether the WTO dispute settlement bodies interpreted relevant rules of the TBT Agreement in a manner that provides countries with sufficient regulatory autonomy while ensuring at the same time that their technical measures …

Integrating African Markets Into The Global Exchange Of Services: A Central African Perspective, Regis Y. Simo

Regis Y. Simo

Services liberalisation has gradually become very important for growth in developed and less-developed countries alike and can, as such, be seen as development prospects for sub-Saharan Africa where numerous economic integration attempts are stories of repeated failures. Despite the abundant literature on PTAs, however, little attention has been given to Central Africa Economic and Monetary Community (CEMAC) as a trade bloc. This is an attempt to address that dearth

At a time when “boosting intra-African trade” is gaining currency on the continent, this article tests the compatibility of the potential CEMAC economic integration agreement (EIA) against the background of the …

A Failure To Consider: Why Lawmakers Create Risk By Ignoring Trade Obligations, David R. Kocan Professor

David R. Kocan Professor

The U.S. Congress frequently passes laws facially unrelated to trade that significantly impact U.S. trade relations. These impacts are often harmful, significant, and long-lasting. Despite this fact, these bills rarely receive adequate consideration of how they will impact trade. Without this consideration, Congress cannot properly conduct a cost-benefit analysis necessary to pass effective laws. To remedy this problem, the U.S. Trade Representative should evaluate U.S. domestic law to determine whether it is consistent with international trade obligations. Moreover, the U.S. Congress committee structure should be amended so that laws that might impact trade are considered within that light. In the …

The Implementation Gap: What Causes Laws To Succeed Or Fail?, David Barnhizer

David Barnhizer

It is important to go behind the “paper systems” many countries and private sector actors have created to manufacture the appearance of commitments to responsible economic activity, environmental protection and social justice. This produces the need to penetrate the veils that mask governments’ “apparent compliance” with the terms of sustainable development, and to be honest about the inability of voluntary codes of practice to shape the behavior of business and government. Implementation requires effective systems to carry out the law and policy mandates. Laws and policies are often poorly designed or deliberately sabotaged in their creation, but in many instances …

The Reality Of Business And Governmental Decision-Making In The Context Of Sustainable Development, David Barnhizer

David Barnhizer

It is absolutely rational for economic actors and decision-makers to seek to operate in their own self-interest. The challenge for anyone who wishes to influence or alter the process lies in knowing where that self-interest lies and changing the nature of the self-interest if that is required or possible. That is a far greater challenge than many understand because regardless of what we might like to do in our personal lives, it is the institution within which we work that dictates how we think and what we value in our service to that institution. Given the short time frame within …

New “Architecture” And Revitalizing The Un Global Compact, David Barnhizer

David Barnhizer

Some advocates of sustainable development possess an almost theological faith in what I refer to as “rhetorical” sustainable development as the path to providing for the sound future of human civilizations and critical ecological systems. Simply put, if we try to think “too big” and “bite off too much” then the system we are trying to control or influence consumes us and our resources and we fail miserably. There is real and predictable danger in grandeur. This means we need to think about achieving sustainability in very specific and concrete terms applied to clear goals and an honest understanding of …