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2003

International Trade Law

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Full-Text Articles in Law

U.S. Foreign Direct Investment In Developing Countries: A Case Study Of Malaysia, Mexico And South Africa, Abenaa A. Oti-Prempeh Dec 2003

U.S. Foreign Direct Investment In Developing Countries: A Case Study Of Malaysia, Mexico And South Africa, Abenaa A. Oti-Prempeh

LLM Theses and Essays

There is an upsurge for foreign investment in developing countries. Developing countries that seek foreign investment actually prefer foreign direct investment. The issue of foreign direct investment has become a controversial issue among developing countries. Though this type of investment provides economic growth, employment, and infrastructure development, developing countries may also suffer legal and economic manipulation by the foreign investors at the expense of their countries’ resources. The foreign investment policies of developing countries that seek such foreign direct investment ultimately determine the actions of foreign investors. In many developing countries, foreign investment policies and other investment regulation are catalysts ...


Are Your Click-Wrap Agreements Valid?—Internet Contracting In The Global Electronic Age: Comparative Perspectives For Taiwan, James Maxeiner Nov 2003

Are Your Click-Wrap Agreements Valid?—Internet Contracting In The Global Electronic Age: Comparative Perspectives For Taiwan, James Maxeiner

All Faculty Scholarship

Addresses the issue of standard terms in click-wrap and shrink-wrap licenses generally and in some detail how the laws of Taiwan, Germany, the European Union, the United States and Japan.


The "Race To The Bottom" Returns: China's Challenge To The International Labor Movement, Stephen F. Diamond Oct 2003

The "Race To The Bottom" Returns: China's Challenge To The International Labor Movement, Stephen F. Diamond

Cornell Law Faculty Publications

No abstract provided.


Conflicts In The Regulation Of Hostile Business Takeovers In The United State And The European Union, Barbara Ann White Oct 2003

Conflicts In The Regulation Of Hostile Business Takeovers In The United State And The European Union, Barbara Ann White

All Faculty Scholarship

This essay focuses on hostile business takeovers to illustrate the significance that cultural differences among nations can play in developing a harmonized European Union law. After 12 years of development, the EU Directive regulating hostile takeovers, to everyone’s surprise, was voted down in the EU Parliament in 2001. The EU Parliament consists of the member nations and the movement to defeat the Directive was led by Germany, which had just suffered a brutal hostile takeover of its largest company by British raiders.

The “harmonization” efforts within the EU (i.e., establishing uniform laws among the member nations) mirrors the ...


China And The Wto: Progress, Perils, And Prospects, Peter K. Yu, Gordon G. Chang, Jerome A. Cohen, Elizabeth C. Economy, Sharon K. Hom, Adam Qi Li Oct 2003

China And The Wto: Progress, Perils, And Prospects, Peter K. Yu, Gordon G. Chang, Jerome A. Cohen, Elizabeth C. Economy, Sharon K. Hom, Adam Qi Li

Faculty Scholarship

In November 2001, member states of the World Trade Organization (WTO) approved the proposal to admit China to the international trading body. After fifteen years of exhaustive negotiations, China finally became the 143rd member of the WTO on December 11, 2001. To reflect on this event, this panel brings together six China experts to explore the ramifications of China's accession to the WTO. Among the issues addressed are whether China is making progress in its compliance with the WTO requirements, whether China is suffering setbacks in the socio-economic arena, whether there are any prospects for democratic reforms and stronger ...


Punitive Damages: A Comparative Analysis, John Y. Gotanda Aug 2003

Punitive Damages: A Comparative Analysis, John Y. Gotanda

Working Paper Series

In light of expanding international trade, it is increasingly likely that politicians, courts and tribunals will wrestle with whether punitive damages are appropriate in transnational disputes, and whether countries that traditionally do no allow exemplary relief should recognize and enforce foreign awards of such damages. Furthermore, by seeing how different systems address these problems, we can gain a deeper understanding of the role of punitive damages in our own legal system and be better able to deal with punitive damages issues in the international arena. This Article undertakes a thorough comparative study of punitive damages in common law countries. It ...


An Analysis Of The Proposed Doha Round Modalities, Food And Agricultural Policy Research Institute, Bruce A. Babcock, Jacinto F. Fabiosa, Holger Matthey, Murat Isik, Simla Tokgoz, Amani E. Elobeid, Chad E. Hart, Frank H. Fuller, Seth Meyer Jun 2003

An Analysis Of The Proposed Doha Round Modalities, Food And Agricultural Policy Research Institute, Bruce A. Babcock, Jacinto F. Fabiosa, Holger Matthey, Murat Isik, Simla Tokgoz, Amani E. Elobeid, Chad E. Hart, Frank H. Fuller, Seth Meyer

CARD Staff Reports

The Uruguay Round Agreement on Agriculture (URAA) provided a continuing mandate for progressive reforms to liberalize world agricultural markets. A new round of negotiation was put into motion in early 2000 and later formalized in what is now called the Doha Round. The Doha Round negotiation follows the same principle laid out in the URAA, with the introduction of three reform anchors: market access, export competition, and reduction of domestic support. This paper specifies the new schedule of commitments for each member country under the proposed modalities and assesses the potential market impacts of these changes for world agricultural markets ...


Science And International Trade–Third Generation Scholarship, David A. Wirth, Jeffery Atik May 2003

Science And International Trade–Third Generation Scholarship, David A. Wirth, Jeffery Atik

Boston College Law School Faculty Papers

No abstract provided.


Opening Trade In Financial Services – The Chile And Singapore Examples: Hearing Before The H. Subcomm. On Domestic And International Monetary Policy, Trade And Technology, 108th Cong., Apr. 1, 2003 (Statement Of Daniel K. Tarullo, Prof. Of Law, Geo. U. L. Center), Daniel K. Tarullo Apr 2003

Opening Trade In Financial Services – The Chile And Singapore Examples: Hearing Before The H. Subcomm. On Domestic And International Monetary Policy, Trade And Technology, 108th Cong., Apr. 1, 2003 (Statement Of Daniel K. Tarullo, Prof. Of Law, Geo. U. L. Center), Daniel K. Tarullo

Testimony Before Congress

No abstract provided.


Can't We All Get Along? The Case For A Workable Patent Model, Srividhya Ragavan Mar 2003

Can't We All Get Along? The Case For A Workable Patent Model, Srividhya Ragavan

Faculty Scholarship

The global move towards a trade regime has been impeded by challenges of poverty and health crisis for the developing nations. Until now, the developed nations have touted the establishment of a trade regime as envisaged under TRIPS as the solution for the national challenges. This paper examines the effectiveness of TRIPS as a mechanism to move towards a trade regime. It argues that the patent policy in TRIPS cannot gear the world towards patent harmonization but can potentially adversely impact the developed nations and the post-world war trade structure. The impediments affecting the effectiveness of TRIPS as a harmonizing ...


Fragmented Copyright, Fragmented Management: Proposals To Defrag Copyright Management, Daniel J. Gervais, Alana Maurushat Jan 2003

Fragmented Copyright, Fragmented Management: Proposals To Defrag Copyright Management, Daniel J. Gervais, Alana Maurushat

Vanderbilt Law School Faculty Publications

The collective management of copyright in Canada was conceived as a solution to alleviate the problem of inefficiency of individual rights management. Creators could not license, collect and enforce copyright efficiently on an individual basis. Requiring users to obtain permission from individual copyright holders for the use of a work was equally inefficient. Collectives, therefore, emerged to facilitate the clearance of rights between creators and users. Even with the facilitation of collectives in the process, clearing rights remains an inherently difficult and convoluted process. This is especially so in the age of the Internet where clearing rights for multimedia products ...


Enron, Epistemology, And Accountability: Regulating In A Global Economy, Erica Beecher-Monas Jan 2003

Enron, Epistemology, And Accountability: Regulating In A Global Economy, Erica Beecher-Monas

Law Faculty Research Publications

No abstract provided.


Nafta’S Investment Chapter: Initial Thoughts About Second-Generation Rights, Charles Hendrickson Brower Ii Jan 2003

Nafta’S Investment Chapter: Initial Thoughts About Second-Generation Rights, Charles Hendrickson Brower Ii

Law Faculty Research Publications

In this Article Professor Brower argues that most observers of NAFTA's investment chapter have missed an important and surprising development: Although the treaty's text shares a philosophical affinity with civil and political rights, its application has revealed an astonishing level of support for economic and social rights (ESCRs) in North America. Professor Brower examines the practical implications of this development both for the presentation of claims in investor-state arbitration and for the better integration of ESCRs into the mainstream of international law.


Structure, Legitimacy And Nafta’S Investment Chapter, Charles Hendrickson Brower Ii Jan 2003

Structure, Legitimacy And Nafta’S Investment Chapter, Charles Hendrickson Brower Ii

Law Faculty Research Publications

In this Article, Professor Brower examines the investment chapter of the North American Free Trade Agreement (NAFTA). He argues that the relevant treaty provisions lack a substantial measure of textual clarity. In addition, he argues that ad hoc tribunals based on the commercial arbitration model have generated incoherent doctrine and are relatively less accountable, transparent, and accessible than permanent tribunals. Furthermore, he argues that the NAFTA Parties and their courts so far appear to place a higher priority on the pursuit of narrow self-interest than on the principled administration of international governance. Collectively, these circumstances help to explain the frequency ...


"Wto-Plus" Obligations And Their Implications For The Wto Legal System: An Appraisal Of The China Accession Protocol, Julia Ya Qin Jan 2003

"Wto-Plus" Obligations And Their Implications For The Wto Legal System: An Appraisal Of The China Accession Protocol, Julia Ya Qin

Law Faculty Research Publications

No abstract provided.


Trims And The Concept Of Investment Under The Wto Agreement, Chios Carmody Jan 2003

Trims And The Concept Of Investment Under The Wto Agreement, Chios Carmody

Law Publications

No abstract provided.


Fishing Subsidies And The World Trade Organization, Chios Carmody Jan 2003

Fishing Subsidies And The World Trade Organization, Chios Carmody

Law Publications

No abstract provided.


Free Movement Of Goods: A Comparative Analysis Of The European Community Treaty And The North American Free Trade Agreement, Pedro A. Perichart Jan 2003

Free Movement Of Goods: A Comparative Analysis Of The European Community Treaty And The North American Free Trade Agreement, Pedro A. Perichart

LLM Theses and Essays

The European Union is currently an economic union, which means that it has almost removed every internal barrier to trade, therefore achieving the free circulation of all factors of production (goods, services, capital, and persons) across the union. The North America Free Trade Agreement (NAFTA) establishes a free trade area, with the main purpose of eliminating tariffs among its members, and to some extent, reducing other non-tariff barriers to facilitate the cross-border movement of goods. Despite their difference, both regions seek to achieve a certain degree of free movement when trading goods within their respective e internal markets. This study ...


The Dormant Commerce Clause And The Hormones Problem, Donald H. Regan Jan 2003

The Dormant Commerce Clause And The Hormones Problem, Donald H. Regan

Book Chapters

It is obvious that no anti-discrimination regime can stop at forbidding explicit discrimination of the relevant sort. If only explicit discrimination is forbidden, lawmakers who want to discriminate can hide their discriminatory intentions behind facially neutral classifications that are nonetheless chosen because they differentially burden the protected class. So, we must be prepared to invalidate some facially neutral laws that have "discriminatory effect" or, as American lawyers often call it, "disparate impact." On the other hand, we cannot possibly invalidate all laws which have a disparate impact on a protected class; many perfectly reasonable laws adopted for completely innocent purposes ...


Reconciling Federal And State Interest In Securities Regulation In The United States And Europe, Roberta S. Karmel Jan 2003

Reconciling Federal And State Interest In Securities Regulation In The United States And Europe, Roberta S. Karmel

Faculty Scholarship

No abstract provided.


Enforcement Of Wto Rulings: An Interest Group Analysis, Mark L. Movsesian Jan 2003

Enforcement Of Wto Rulings: An Interest Group Analysis, Mark L. Movsesian

Faculty Publications

The WTO's Dispute Settlement Understanding ("DSU") provides that disputes are to be resolved in adversarial proceedings before impartial panels of experts. These panels have authority to decide whether members' laws conform to WTO requirements; members may appeal rulings to a permanent Appellate Body within the organization, which has the final say on questions of law and legal interpretation. Under the DSU, if a member fails to comply with a final ruling in a dispute, the prevailing party may retaliate by suspending trade concessions that it owes the offending member. This retaliation can continue until the offending member implements the ...


Sequencing, Acoustic Separation, And 3-D Negotiation Of Complex Barriers: Charlene Barshefsky And Ip Rights In China, Rebecca Green, James K. Sebenius Jan 2003

Sequencing, Acoustic Separation, And 3-D Negotiation Of Complex Barriers: Charlene Barshefsky And Ip Rights In China, Rebecca Green, James K. Sebenius

Faculty Publications

Taking the perspective of the lead U.S. negotiator, Charlene Barshefsky, this article details and analyzes the negotiations that took place in the mid-1990s between the United States and the People's Republic of China over intellectual property rights (IPR). Employing a "negotiation analytic" methodology, Charlene Barshefsky's actions are interpreted to suggest a number of promising approaches to managing the daunting complexities of trade and other negotiations: recognizing the multiparty aspects of apparently bilateral dealings and capturing them in a "deal diagram;" carefully assessing "barriers" to agreement; sequencing to build a winning coalition and overcome potentially blocking ones; "acoustic ...


Do International Trade Institutions Contribute To Economic Growth And Development?, Joel R. Paul Jan 2003

Do International Trade Institutions Contribute To Economic Growth And Development?, Joel R. Paul

Faculty Scholarship

No abstract provided.


The Dynamic Of Institutional Discrepancies And Growing Contradiction Within The International Economic Order, Chantal Thomas Jan 2003

The Dynamic Of Institutional Discrepancies And Growing Contradiction Within The International Economic Order, Chantal Thomas

Cornell Law Faculty Publications

No abstract provided.


Unilateral Trade-Based Measures For Protection Of The Marine Environment, David A. Wirth, Douglas J. Caldwell Jan 2003

Unilateral Trade-Based Measures For Protection Of The Marine Environment, David A. Wirth, Douglas J. Caldwell

Boston College Law School Faculty Papers

No abstract provided.


Do World Trade Organization Dispute Settlement Reports Affect The Obligations Of Non-Parties? -- Response To Mcnelis, Donald H. Regan Jan 2003

Do World Trade Organization Dispute Settlement Reports Affect The Obligations Of Non-Parties? -- Response To Mcnelis, Donald H. Regan

Articles

In the June 2003 issue of this Journal, Natalie McNelis argued that when a World Trade Organization (WTO) dispute is settled by a Dispute Settlement Body (DSB) report, even Members who are not parties to the dispute have an obligation to conform their behaviour to legal principles laid down in the report. 1 Although I am generally sympathetic to McNeis's conclusion-and although I think she does a great service by directing our attention to the question of how Members, as opposed to later tribunals, should respond to DSB reports-I think her argument cannot stand as she presents it. After ...


Further Thoughts On The Role Of Regulatory Purpose Under Article Iii Of The General Agreement On Tariffs And Trade: A Tribute To Bob Hudec, Donald H. Regan Jan 2003

Further Thoughts On The Role Of Regulatory Purpose Under Article Iii Of The General Agreement On Tariffs And Trade: A Tribute To Bob Hudec, Donald H. Regan

Articles

My topic in this article is the role of regulatory purpose under Article III of the GATT, and I regard Bob [Hudec] as the patron saint of efforts to establish the relevance of purpose. His famous "Requiem for an 'Aims and Effects' Test" may have been called a requiem, but it was reluctant and sceptical. Bob thought dispute settlement tribunals ought to consider the regulator's purpose, and he thought they would do so, whatever they said. As decisions on Article III accumulate, we are in the process of learning that he was right on both counts.


The Ftaa Negotiations: A Melodrama In Five Acts, Kevin C. Kennedy Jan 2003

The Ftaa Negotiations: A Melodrama In Five Acts, Kevin C. Kennedy

Faculty Publications

No abstract provided.


Poverty Reduction, Trade, And Rights, Chantal Thomas Jan 2003

Poverty Reduction, Trade, And Rights, Chantal Thomas

Cornell Law Faculty Publications

No abstract provided.


Disciplining Globalization: International Law, Illegal Trade, And The Case Of Narcotics, Chantal Thomas Jan 2003

Disciplining Globalization: International Law, Illegal Trade, And The Case Of Narcotics, Chantal Thomas

Cornell Law Faculty Publications

This Article is the first in a series of studies of the globalization of illicit markets. My theses are as follows: First, the increase in international trade in illicit products and services parallels the growth in international trade more generally that accompanies the phenomenon of globalization. Second, at the same time that most international trade law has moved toward a posture of liberalization, there has been a movement to strengthen the prohibition and punishment of trade in illicit transactions. Third, the mechanisms that have developed to regulate this prohibition constitute a significant development in the international legal order.