Law Commons^™

The Role Of Lawyers In The World Trade Organization, Peter D. Ehrenhaft

Vanderbilt Journal of Transnational Law

The World Trade Organization is a marvelously ambitious effort of now 140 countries to bring the rule of law to international trade. The WTO is a logical extension of the inspired ideas of the draftsmen of the General Agreement on Tariffs and Trade (GATT), who recognized at the end of World War II that the seeds of that conflagration were sown, in part, by the chaotic condition of international trade following World War I.

During that inter-war period, the United States adopted its Antidumping Act of 1921 and its Smoot-Hawley Tariff Act of 1930. Both survive to this day. By …

Symposium Address: The Role Of Lawyers In The Wto, James Bacchus

Vanderbilt Journal of Transnational Law

A final point I would make to students who are here today and about to go out into the legal world would be this: I have noticed that what I do is a bit controversial in some places. Why is that so?

It is because the world is changing and because, understandably, people have apprehensions about change. It is also because there is very little understanding of what it is that we are doing in Geneva. Consciously, and intentionally, I have spent my first years on the Appellate Body in silence. Vanderbilt is one of the few places where I …

The Developing World In The New Millennium: International Finance, Development, And Beyond, Rurnu Sarkar

Vanderbilt Journal of Transnational Law

Former Treasury Secretary Lawrence Summers once commented that the end of the Cold War was the second most interesting story of the past two decades. According to him, the most compelling story during that time was the emergence of global capital markets.' This viewpoint heralds a subtle sea change that signals the beginning of a newly formed international consensus. Making a successful transition from being a "developing nation" to being an "emerging capital market" is now the most serious challenge facing the developing world today.

Trade relations and capital investments are now being rationalized in a new international economic order …

Harmonizing The Battle Of The Forms: A Comparison Of The United States, Canada, And The United Nations Convention On Contracts For The International Sale Of Goods, Charles Sukurs

Vanderbilt Journal of Transnational Law

As trade between the United States and Canada continues to increase on the heels of the free trade agreements of the early 1990s, the question of which body of commercial law to apply to these transactions becomes increasingly important. The United Nations Convention on Contracts for the International Sale of Goods (CISG) serves as the default governing law for many of these transactions. In spite of its lack of use and the confusion it has brought to choice of law provisions as a self-executing treaty, many scholars have suggested that the CISG can continue to serve as a body of …

The World Trade Organization's Dispute Settlement Resolution In United States--Anti-Dumping Act Of 1916, Jeffrey S. Beckington

Vanderbilt Journal of Transnational Law

The evolving jurisprudence of the World Trade Organization (WTO) is a fascinating phenomenon still in its early stages. That it exists is testament to a recognition by the WTO's Member States that a substantial ceding of national sovereignty to the WTO is necessary, or at least advisable, in order to support an international mechanism designed to facilitate and maintain orderly trade in goods and services across national boundaries. This partial relinquishment of jurisdiction, however, understandably has been accompanied by certain misgivings and hedging by Member States individually and particularly by the United States.

The boldness and tension underlying the political …

Innocents Abroad: Opportunities And Challenges For The International Legal Adviser, Wayne J. Carroll

Vanderbilt Journal of Transnational Law

This Article argues that some regulatory authorities have not successfully adapted to the internationalization of the practice of law. First, the Author attempts to define the terms "international legal adviser" and "international legal advice." Next, the Author compares the existing barriers to practice in the United States and the European Union. The Author goes on to outline recent challenges and changes to these barriers to practice, including international efforts such as the WTO and the IBA and local rules in the United States and the European Union. The Author then analyzes the adequacy of existing regulatory regimes with regard to …