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Full-Text Articles in Law

The Many Faces Of Transparency, Padideh Ala'i Apr 2015

The Many Faces Of Transparency, Padideh Ala'i

Padideh Ala'i

Transcript from the Proceedings of the Annual Meeting of American Society of International Law panel on the "Role of Transparency at the World Trade Organization."


The United States’ Multidimensional Approach To Combatting Corruption, Padideh Ala'i Dec 2014

The United States’ Multidimensional Approach To Combatting Corruption, Padideh Ala'i

Padideh Ala'i

The United Scares legal system seeks to prevent and prohibit bribery and corruption through a myriad of laws, regulations and policies. Anti-corruption jurisprudence is more developed in the context of public sector contracts where the United States criminalizes bribery of public officials through 18 U.S.C. § 201 ( Bribery of Public Officials and Witnesses). In addition, the United States was the first country to criminalize bribery of foreign government officials in 1977 with the passage of the Foreign Corrupt Practices Act (FCPA). The FCPA has since been amended 10 comply wi1h the adop1ion of the OECD Conven1ion on Comba1ing Bribery …


Transparency In International Economic Relations And The Role Of The Wto, Padideh Ala'i , Matthew D'Orsi Dec 2013

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

Padideh Ala'i

Chapter focuses on transparency commitments in WTO covered agreements. Discusses major provisions in WTO covered agreements regarding transparency and analyzes the application of thosse provisions before WTO panels and the Appellate Body.


Civil Consequences Of Corruption In International Commercial Contracts, Padideh Ala'i Dec 2013

Civil Consequences Of Corruption In International Commercial Contracts, Padideh Ala'i

Padideh Ala'i

The United States legal system seeks to prevent and prohibit bribery and corruption through a myriad of laws, regulations and policies. Anti-corruption jurisprudence is more developed in the context of public sector contracts where the United States criminalizes bribery of public officials through 18 U.S.C. §201 (Bribery of Public Officials and Witnesses). In addition, the United States was the first country to criminalize bribery of foreign government officials in 1977 with the passage of the Foreign Corrupt Practices Act (FCPA). The FCPA has since been amended to comply with the adoption of the OECD Convention on Combating Bribery of Foreign …


The Wto And The Anti-Corruption Movement, Padideh Ala'i Jan 2011

The Wto And The Anti-Corruption Movement, Padideh Ala'i

Padideh Ala'i

This article explores the role of the World Trade Organization (WTO) in promoting good governance while placing WTO within the larger framework of the ongoing global anti-corruption movement. Governmental policies aimed at fighting corruption are part of the good governance criteria set forth by the World Bank and other donor agencies. An important element of good governance is transparency, which has also been one of the pillars of the multilateral trading system. This article argues that from the perspective of the post-Cold War anti-corruption movement, the WTO is an important institution because it provides a comparatively successful forum for the …


Impact Of The Financial Crisis On Trade & Investment, Padideh Ala'i Dec 2010

Impact Of The Financial Crisis On Trade & Investment, Padideh Ala'i

Padideh Ala'i

INTRODUCTION: It is far too soon to tell what the precise impact of the 2008 global financial crisis (GFC) will be on trade and investment. First, it will take time for the full impact of the stimulus packages and crisis-related policies to be assessed by trading partners and private entities. Second, given the global nature of the crisis, governments may initially be reluctant to challenge governmental measures taken to assist domestic industries, particularly since in 2009 all major trading nations adopted measures designed to help domestic industries at home and in export markets.


Trade And Sustainable Development, Padideh Ala'i Dec 2010

Trade And Sustainable Development, Padideh Ala'i

Padideh Ala'i

The creation of the WTO in 1995 has brought GATT Article X (and other procedural provisions) and Article XX to the forefront of WTO jurisprudence. The provisions of the WTO Agreements reflect the reality of the administrative state and with it the recognition that categories of regulation (such as sanitary and phyto-sanitary regulations or technical regulations or standards) are legitimate irrespective of their impact on trade. The focus of WTO panels and the Appellate Body has shifted from harmonization and mutual recognition to transparency in application and administration. It has also required the WTO dispute settlement mechanism to engaged in …