Law Commons^™

Environmental Standards Within Nafta: Difference By Design And The Retreat From Harmonization, Jeffrey Atik

Indiana Journal of Global Legal Studies

Professor Atik argues that NAFTA, in legitimating regulatory differences among the NAFTA parties, represents a repudiation of standard harmonization. He states that while NAFTA and its environmental side agreement "have been described as the 'greenest' trade agreement to date," it marks a significant retreatfrom efforts to harmonize global environmental standards. This rejection is a product of "ajealous retention of sovereignty" by the NAFTA parties, as well as the careful maintenance of the parties' distinct production roles and specialities. Thus, Professor Atik argues that a convergence of standards will likely remain elusive within NAFTA. Both highstandard and low-standard parties may prefer …

The Puzzling Relationship Between Trade And Environment: Nafta, Competitiveness, And The Pursuit Of Environmental Welfare Objectives, Ileana M. Porras

Indiana Journal of Global Legal Studies

The North American Free Trade Agreement (NAFTA) is often claimed to be a "promising beginning" for the reconciliation of trade and environment. Professor Porras, however, suggests that the form that "reconciliation" takes in NAFTA is extremely problematic. Harmonization of standards to facilitate the free flow of trade is a familiar trade goal. NAFTA's provisions regarding environmental standards, however, are not a straightforward requirement to harmonize standards. Rather, NAFTA recognizes state autonomy in standard setting, on the one hand, while requiring a form of upward harmonization, on the other. According to Professor Porras, the result of such an arrangement is the …

The End Of Copyright, David Nimmer

Vanderbilt Law Review

One December 8, 1994, Congress ended the experiment that it commenced on May 31, 1790, in the first Judiciary Act:' legislating an autonomous body of United States copyright law governed by the Copyright Clause of the Constitution. We witnessed, on December 8, a major change of constitutional proportions; even more significantly, we experienced the first tremors of certain tectonic shifts in United States sovereignty; and, perhaps most significantly, we undertook a sea change in defining the end that copyright serves, the identity of the master in the copyright sphere.

I refer to enactment of the Uruguay Round Agreements Act (the …

Learning From Computers: The Future Of The Free Trade Area Of The Americas, David A. Pawlak

University of Miami Inter-American Law Review

No abstract provided.

Of Agriculture's First Disobedience And Its Fruit, Jim Chen

Vanderbilt Law Review

What God has created, agrarian debate has torn asunder. As successors to the neolithic agrarian pioneers' who chose to secure the blessings of agriculture to themselves and their posterity, we long to understand our common roots. But the deeper we dig, the more bitterly we dispute the exegesis of our shared stories of origins. Nothing has more explosive potential than a return to first principles, a quest for beginnings.

As the most palpable link between humanity and nature, agriculture often acts as a stark mirror of human values. American agricultural prescriptions frequently invoke the Book of Genesis, the grandest and …

Regional Integration And The Disputeresolution System Of The World Trade Organization After The Uruguay Round: A Proposal For The Future, Uri Litvak

University of Miami Inter-American Law Review

No abstract provided.

Border Crossings: Nafta, Regulatory Restructuring, And The Politics Of Place, Ruth Buchanan

Indiana Journal of Global Legal Studies

Professor Buchanan begins her paper by questioning whether

recent economic and political shifts towards notions of

"globalization" (e.g., the NAFTA) have failed to consider the

politics or economics of change in particular places. Her prime

example of a "place" where integration is illogically forced against

a background of differentiation is the U.S.-Mexico border region.

Through the scope of a "regulatory complex" (a complex of legal,

institutional, regulatory, and social orderings), she departs from the

common view of the NAFTA as a productive tool of North American

integration, and instead views the NAFTA as exacerbating

"differences between localities, industries, and labor …

Commercial Agency Law In The European Community For The United States Principal, M. Thomas Lobasz

University of Miami International and Comparative Law Review

No abstract provided.

Exporting Environmentalism: Thoughts On The Use Of Market Power To Improve The Environment In The Free Trade Era, Joshua R. Floum

Santa Clara Law Review

No abstract provided.

Going Bananas: How The Wto Can Heal The Split In The Global Banana Trade Dispute, Jack J. Chen

Fordham Law Review

No abstract provided.

Symposium: Nafta And Gatt: The Impact Of International Treaties: Introduction, Mark J. Spaulding

Santa Clara Law Review

No abstract provided.

Rhetoric Or Reality: The Impact Of The Uruguay Round Agreement On Federal And State Environmental Laws, Zane O. Gresham, Thomas A. Bloomfield

Santa Clara Law Review

No abstract provided.

Environmental Reform Priorities For The World Trading System, Justin R. Ward

Santa Clara Law Review

No abstract provided.

The Warning From Pittsburgh's Golden Triangle: Home Of The Steelers, The Pirates And The Amorphous Favoured Nation Clause In The Commercial Lease, Ronald J. Offenkrantz

Fordham Urban Law Journal

Part I of this Article gives a brief outline of the more obvious concerns posed by the introduction of a favored nation concept in a commercial lease. Part II discusses cases involving favored nation clauses in various types of commercial contracts and illustrates the difficulty courts have had in assessing whether one contract is, in fact, more favorable than another. Part III introduces the reader to the trilogy of cases in Pittsburgh's Golden Triangle starting with the Pittsburgh Steelers and Pittsburgh Pirates litigation with the Pittsburgh Stadium Authority. This litigation gives focus to the problems posed by a favored nation …

International Law Of Trade Preferences: Emanations From The European Union And The United States., Kele Onyejekwe

St. Mary's Law Journal

This Article posits that the increase of tariff arrangements, like the Generalized System of Preferences (GSP), is evidence of the “hardening” of a body of international trade-preference law. It contends that the law of trade preferences is widely practiced in international affairs and the developed nations which terminate all trade preferences for developing countries most likely engage in illegal conduct under international law. Classical international law principally consisted of the law between nations and an international law of trade preferences in any form was unthinkable. Thus, neither international cooperation nor a duty for developed countries to assist developing countries is …