Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- International trade (9)
- Trade (8)
- International environmental law (7)
- WTO (7)
- International law (5)
-
- Book review (4)
- Globalization (4)
- GATT (4)
- Dispute settlement (3)
- Annual report (3)
- Food safety (3)
- Energy law (3)
- UNCLOS (3)
- NAFTA (2)
- Environmental law (2)
- Food Safety Modernization Act (2)
- United Nations Convention on the Law of the Sea (2)
- Environmental protection (2)
- Arbitration (1)
- Animal cloning (1)
- Asia (1)
- Added sugar (1)
- Automotive industry (1)
- Arm's length standard (1)
- Anti-dumping and countervailing duty (1)
- Appointments Clause (1)
- Americanism (1)
- Article II of the United States Constitution (1)
- Advertising (1)
- Asian Dragons and Green Trade (1)
Articles 1 - 25 of 25
Full-Text Articles in Law
Are Data Privacy Laws Trade Barriers?, Margot Kaminski
Taming America's Sugar Rush: A Traffic-Light Label Approach, Alexia Brunet Marks
Taming America's Sugar Rush: A Traffic-Light Label Approach, Alexia Brunet Marks
Articles
Excess added sugar negatively impacts health and can lead to a litany of problems, such as diet-related chronic diseases, e.g., diabetes, cancer, heart disease, and obesity, costing Americans millions in rising medical bills each year. Even more, new studies reveal that individuals with these underlying chronic diseases are at a higher risk of complications from COVID-19 and other viruses compared to those who are deemed healthy. And yet added sugars are difficult to avoid because unlike naturally occurring sugars found in fruits, vegetables, and milk, these sweeteners are added during food processing and preparation.
The problem is that while ...
A New Governance Recipe For Food Safety Regulation, Alexia Brunet Marks
A New Governance Recipe For Food Safety Regulation, Alexia Brunet Marks
Articles
Although food safety is a significant and increasing global health concern, international economic law does not adequately address today’s global food safety needs. While most countries rely on a collection of formalized legal rules to protect food safety, these rules too often fall short. As fiscal constraints impede raising the number of border inspections, formal international commitments (treaties) frequently limit governmental efforts to raise food safety standards. Private companies, meanwhile, can readily adopt higher standards to meet consumer demands and supply chain needs, thus demonstrating more nimbleness and flexibility in adopting the highest food safety standards available. Can countries ...
The Right To Regulate (Cooperatively), Alexia Brunet Marks
The Right To Regulate (Cooperatively), Alexia Brunet Marks
Articles
The growing number of new technologies in food production— such as nanotechnology, genetic modification, animal cloning, and irradiation—are garnering different regulatory responses around the world. Based on their threshold for tolerating risk, countries are asserting their national right to regulate at home using labeling, quarantine, and outright bans on foods. But domestic regulation has its limits in a free trade environment. Countries that are not mindful of treaty obligations could face legal liability, as seen in the recent litigation between Uruguay and Philip Morris International. In short, traditional models of international regulatory cooperation (IRC) are failing to provide countries ...
The Risks We Are Willing To Eat: Food Imports And Safety, Alexia Brunet Marks
The Risks We Are Willing To Eat: Food Imports And Safety, Alexia Brunet Marks
Articles
Recent efforts to regulate the safety of U.S. food imports have not kept up with the complexity of global trade and the risks that accompany globalization. Congress drafted the Food Safety Modernization Act of 2011 ("FSMA") in response to heightened food safety risks, surging imports, and an outdated food import safety system. While the FSMA provides the Food and Drug Administration ("FDA") additional authority to regulate food facilities, establish standards for safe produce, recall contaminated foods, and oversee imported foods, vulnerabilities still exist.
This article exposes problems with the old system of food import rules and significant challenges facing ...
Inmates For Rent, Sovereignty For Sale: The Global Prison Market, Benjamin Levin
Inmates For Rent, Sovereignty For Sale: The Global Prison Market, Benjamin Levin
Articles
In 2009, Belgium and the Netherlands announced a deal to send approximately 500 Belgian inmates to Dutch prisons, in exchange for an annual payment of £26 million. The arrangement was unprecedented, but justified as beneficial to both nations: Belgium had too many prisoners and not enough prisons, whereas the Netherlands had too many prisons and not enough prisoners. The deal has yet to be replicated, nor has it triggered sustained criticism or received significant scholarly treatment. This Article aims to fill this void by examining the exchange and its possible implications for a global market in prisoners and prison space ...
Book Review, Anna Spain
The Capture Of International Intellectual Property Law Through The U.S. Trade Regime, Margot E. Kaminski
The Capture Of International Intellectual Property Law Through The U.S. Trade Regime, Margot E. Kaminski
Articles
For years, the United States has included intellectual property ("IP") law in its free trade agreements. This Article finds that the IP law in recent U.S. free trade agreements differs subtly but significantly from U.S. IP law. These differences are not the result of deliberate government choices, but of the capture of the U.S. trade regime.
A growing number of voices has publicly criticized the lack of transparency and democratic accountability in the trade agreement negotiating process. But legal scholarship largely praises the 'fast track" trade negotiating system. This Article reorients the debate over the trade negotiating ...
Economic Development And The Problem With The Problem-Solving Approach, Justin Desautels-Stein
Economic Development And The Problem With The Problem-Solving Approach, Justin Desautels-Stein
Articles
Scholars and practitioners alike have recently pointed to the idea of a "new moment" in the field of law and economic development, as well as a hope for a fruitful rethinking of political economy. The idea is that we have passed out of the period of high "neoliberalism," associated at one time with Reagan, Thatcher, and the so-called Washington Consensus and now eclipsed by the ascendance of the Obama Administration. The hope attending the new consensus is that, in the wake of neoliberal law and policy, the field of law and development might be on the verge of a new ...
Made In The U.S.A.: Corporate Responsibility And Collective Identity In The American Automotive Industry, Benjamin Levin
Made In The U.S.A.: Corporate Responsibility And Collective Identity In The American Automotive Industry, Benjamin Levin
Articles
This Article challenges the corporate-constructed image of American business and industry. By focusing on the automotive industry and particularly on the tenuous relationship between the rhetoric of automotive industry advertising and doctrinal corporate law, this Article examines the ways that social and legal actors understand what it means for a corporation or its products to be American. In a global economy, what does it mean for a corporation to present the impression of national citizenship? Considering the recent bailout of American automotive corporations, the automotive industry today becomes a powerful vehicle for problematizing the conflicted public/private nature of the ...
Introductory Remarks: International Energy Governance, Lakshman Guruswamy
Introductory Remarks: International Energy Governance, Lakshman Guruswamy
Articles
No abstract provided.
Overcoming Babel’S Curse: Adapting The Doctrine Of Foreign Equivalents, Jonathan Skinner
Overcoming Babel’S Curse: Adapting The Doctrine Of Foreign Equivalents, Jonathan Skinner
Articles
No abstract provided.
Note, A Green Road To Development: Environmental Regulations And Developing Countries In The Wto, Jonathan Skinner
Note, A Green Road To Development: Environmental Regulations And Developing Countries In The Wto, Jonathan Skinner
Articles
The WTO framework can accommodate enforceable environmentally protective measures.
Critique Of U.S. House Bill 2454 On Climate Change, Michael J. Waggoner
Critique Of U.S. House Bill 2454 On Climate Change, Michael J. Waggoner
Articles
The U.S. House of Representatives, in June 2009, approved a bill to create a cap and trade system and a system of regulations and subsidies to address the problems of climate change. The U.S. Senate is now considering remedies for climate change. The approach of House Bill 2454 is ill-advised, and should be rejected by the Senate, because of the problems outlined below. I propose that these problems that would not be presented by a carbon tax, a simpler and more effective remedy for the risk of climate change.
International Environmental Law: 2006 Annual Report, Jane C. Luxton, Lakshman Guruswamy, Kevin L. Doran
International Environmental Law: 2006 Annual Report, Jane C. Luxton, Lakshman Guruswamy, Kevin L. Doran
Articles
No abstract provided.
International Environmental Law: 2005 Annual Report, Vail T. Thorne, Lakshman Guruswamy, Kevin L. Doran
International Environmental Law: 2005 Annual Report, Vail T. Thorne, Lakshman Guruswamy, Kevin L. Doran
Articles
No abstract provided.
Book Review, Lakshman D. Guruswamy
International Environmental Law: 2004 Annual Report, Vail T. Thorne, Lakshman Guruswamy, Kevin L. Doran
International Environmental Law: 2004 Annual Report, Vail T. Thorne, Lakshman Guruswamy, Kevin L. Doran
Articles
No abstract provided.
The Annihilation Of Sea Turtles: Wto Intransigence And U.S. Equivocation, Lakshman Guruswamy
The Annihilation Of Sea Turtles: Wto Intransigence And U.S. Equivocation, Lakshman Guruswamy
Articles
No abstract provided.
Book Review, Lakshman D. Guruswamy
Should Unclos Or Gatt/Wto Decide Trade And Environment Disputes?, Lakshman D. Guruswamy
Should Unclos Or Gatt/Wto Decide Trade And Environment Disputes?, Lakshman D. Guruswamy
Articles
No abstract provided.
The Promise Of The United Nations Convention On The Law Of The Sea (Unclos): Justice In Trade And Environment Disputes, Lakshman Guruswamy
The Promise Of The United Nations Convention On The Law Of The Sea (Unclos): Justice In Trade And Environment Disputes, Lakshman Guruswamy
Articles
No abstract provided.
Book Review, Lakshman Guruswamy
The Forgotten Link: Control In Section 482, Wayne M. Gazur
The Forgotten Link: Control In Section 482, Wayne M. Gazur
Articles
The foundation of international taxable income allocations between related parties is formed by the imposition of an arm's length standard. The presence of "control" over a person invokes this measure. The author examines the implications of control presented by continuing developments in the global business environment, including the rise of cooperative interfirm arrangements.
Can Buckley Clear Customs?, Harold H. Bruff