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Articles 1 - 30 of 52
Full-Text Articles in Law
Human Rights Realization In An Era Of Globalization: The Indian Experience, Surya Deva
Human Rights Realization In An Era Of Globalization: The Indian Experience, Surya Deva
Buffalo Human Rights Law Review
No abstract provided.
Cnooc-Unocal And The Wto: Discriminatory Rules In The China Protocol Are A Latent Threat To The Rule Of Law In The Dispute Settlement Understanding, Thomas P. Holt
Washington International Law Journal
In the summer of 2005, the Chinese state-owned oil company CNOOC, Ltd. (“CNOOC”) attempted to purchase American-owned Unocal Corporation on very favorable terms. There was a serious problem with the merger, however—the U.S. Congress was not about to let the People’s Republic of China (“China”) buy up an American company, no matter how much it was willing to pay. Following a period of increasingly heated rhetoric about the deal, the U.S. Congressman representing competitor Chevron Corporation’s home district inserted a provision in the Energy Policy Act of 2005 that was intended to, and did, scuttle the deal. The U.S. Congress’ …
Individual Rights And Investor Protections In A Trade Regime: Nafta And Cafta, Amy K. Anderson
Individual Rights And Investor Protections In A Trade Regime: Nafta And Cafta, Amy K. Anderson
Washington and Lee Law Review
No abstract provided.
The Executive Role In Culturing Export Control Compliance, Matthew G. Morris
The Executive Role In Culturing Export Control Compliance, Matthew G. Morris
Michigan Law Review
Part I argues that the nature of export control enforcement requires extensive self-governing behavior on the part of exporters and that enforcement should be directed toward that end. Part II examines several possible justifications for penalizing a business entity and concludes that deterrence and rehabilitation through education are the most viable, particularly in a self-regulating industry. Part III argues that examining the export compliance program is actually a necessary prerequisite to determining the general culpability required under the general factors, and on that basis alone cannot be relegated to a mitigating factor. Part IV argues that an emphasis on corporate …
Peru-U.S. Free Trade Agreement, Ricardo Y. Sallis
Peru-U.S. Free Trade Agreement, Ricardo Y. Sallis
Brigham Young University International Law & Management Review
No abstract provided.
Genetically Modified Foods In The International Arena: Trade Conflicts, Labeling Controversy, And The Importance Of Informed Consumer Choice, Ilona M. Deminina
Genetically Modified Foods In The International Arena: Trade Conflicts, Labeling Controversy, And The Importance Of Informed Consumer Choice, Ilona M. Deminina
Brigham Young University International Law & Management Review
No abstract provided.
Towards A Development-Oriented Multilateral Framework On Competition Policy, Jae Sung Lee
Towards A Development-Oriented Multilateral Framework On Competition Policy, Jae Sung Lee
San Diego International Law Journal
The 1982 United Nations Convention on the Law of the Sea (LOSC) is a successful attempt by the international community to codify and unify the law of the sea. After long negotiations, the LOSC opened for signature at the Third United Nations Conference on the Law of the Sea (UNCLOS III) in 1982. Together with its two formal associations, the Part XI Implementation Agreement 1994 and the Straddling and Migratory Fish Stocks Agreement 1995, it is regarded as one of the most comprehensive documents ever adopted by the international community. The LOSC not only succeeded in addressing all topics covered …
The High Stakes Of Wto Reform, James Thuo Gathii
The High Stakes Of Wto Reform, James Thuo Gathii
Michigan Law Review
Behind the Scenes at the WTO definitively exposes how the trade negotiation process makes it possible for a few rich countries to dominate the trade agenda at the expense of all other countries. It is one of the first studies that authoritatively shows how trade negotiations have developed into "a game for high stakes, between unequally matched teams, where much of the game is played with few rules and no referee" (p. 50). The book attributes the deadlocked nature of the Doha Round of multilateral trade negotiations and the recent disruptions of the World Trade Organization's ("WTO") ministerial meetings to …
A Cheese By Any Other Name: A Palatable Compromise To The Conflict Over Geographical Indications, Ivy Doster
A Cheese By Any Other Name: A Palatable Compromise To The Conflict Over Geographical Indications, Ivy Doster
Vanderbilt Law Review
In many grocery stores, shoppers must look in two places to find cheese. The first cheese section is usually near the dairy case; the second is often a specialty cheese case located in the produce department. Why make harried supermarket shoppers rush back and forth between two locations to find what they need for a fondue? The most noticeable difference between the cheeses in the two cases is probably the price: cheeses in the specialty case are generally much more expensive. A second difference is the packaging: many cheeses in the dairy aisle are pre-grated, pre-shredded, or pre-sliced and individually …
A Review Of The Role Of The Cites Secretariat In The Implementation Of The Non-Detriment Finding Requirement, Alice Stroud
A Review Of The Role Of The Cites Secretariat In The Implementation Of The Non-Detriment Finding Requirement, Alice Stroud
William & Mary Environmental Law and Policy Review
No abstract provided.
Transboundary Environmental Impact Assessment Under The North American Free Trade Agreement, Jameson Tweedie
Transboundary Environmental Impact Assessment Under The North American Free Trade Agreement, Jameson Tweedie
Washington and Lee Law Review
No abstract provided.
Transparency: An Analysis Of An Evolving Fundamental Principle In International Economic Law, Carl-Sebastian Zoellner
Transparency: An Analysis Of An Evolving Fundamental Principle In International Economic Law, Carl-Sebastian Zoellner
Michigan Journal of International Law
This Note will first sketch the theoretical underpinnings of transparency in an interdisciplinary overview of its possible meanings and advantages in the present context. It will then survey documents and instruments of international economic law in which language embracing the transparency principle is already present. The Note's main section proceeds to ask whether, in the actual application of those agreements, the transparency principle has had any notable impact on the interpretation of state obligations. Finally, in addressing transparency's future role in international economic law, this Note briefly discusses additional problems which might be resolved through a transparency-based approach.
Paper Dragon: Inadequate Protection Of Intellectual Property Rights In China, Omario Kanji
Paper Dragon: Inadequate Protection Of Intellectual Property Rights In China, Omario Kanji
Michigan Journal of International Law
This Note will explore the extent to which China is in violation of its obligations under TRIPs. Section I surveys the current state of IPR infringement in China. Section II analyzes relevant TRIPs provisions, case law, and treaties that supplement TRIPs provisions. Section III analyzes Chinese criminal law, the December 2004 Judicial Interpretation of Chinese criminal law, and Chinese IP law as they pertain to IPR infringement. Section IV outlines enforcement efforts in China against the backdrop of the law analyzed in the previous section. Section V evaluates these enforcement efforts given China's capabilities and obligations, and Section VI concludes …
Presidential Authority And The War On Terror, Joseph W. Dellapenna
Presidential Authority And The War On Terror, Joseph W. Dellapenna
ILSA Journal of International & Comparative Law
I]t is an established fact that documents justifying and authorizing the abusive treatment ofdetainees during interrogation were approved and distributed
Listening To The Enemy: The President's Power To Conduct Surveillance Of Enemy Communications During Time Of War, John C. Eastman
Listening To The Enemy: The President's Power To Conduct Surveillance Of Enemy Communications During Time Of War, John C. Eastman
ILSA Journal of International & Comparative Law
Ever since the New York Times published classified information in December 2005' about the efforts by the National Security Agency to intercept enemy communications to or from sources in the United States (as authorized by the President in his capacity as Commander-In-Chief), there has been a great hew and cry about the President's "illegal" conduct.
The Importance Of Defining "War": Terrorism, Torture, Humanitarian Intervention And Private Military Companies, Joseph Runzo, Ph.D.
The Importance Of Defining "War": Terrorism, Torture, Humanitarian Intervention And Private Military Companies, Joseph Runzo, Ph.D.
ILSA Journal of International & Comparative Law
As the immediate aftermath of 9-11 illustrated, war-and the threat of war-brings people in a society closer together as they look for security
Traditional Knowledge And The Fight For The Public Domain, 5 J. Marshall Rev. Intell. Prop. L. 317 (2006), Doris E. Long
Traditional Knowledge And The Fight For The Public Domain, 5 J. Marshall Rev. Intell. Prop. L. 317 (2006), Doris E. Long
UIC Review of Intellectual Property Law
What are the challenges facing the protection of traditional knowledge internationally? Can the protection of such rights, which have traditionally existed outside the boundaries of intellectual property, be achieved in the face of current challenges to protections epitomized by such emerging international movements as enhanced access to information and culture as a human right? This article examines some of the emerging issues in this hotly contested area and suggests that such movements, which are not adverse to intellectual property and traditional knowledge rights, should be used to craft a new method for addressing the issue of traditional knowledge protection internationally.
Signed, Sealed, Delivered, And Then…: An Evaluation Of The Correlation Between Policy Areas, Signing, And Legal Ratification Of Organization Of American States’ Treaties By Member States, Alexandra R. Harrington
Signed, Sealed, Delivered, And Then…: An Evaluation Of The Correlation Between Policy Areas, Signing, And Legal Ratification Of Organization Of American States’ Treaties By Member States, Alexandra R. Harrington
Richmond Journal of Global Law & Business
No abstract provided.
Current Developments Of Wto Dispute Settlement Body Findings On The U.S. Antidumping Sunset Review Regime, Changho Sohn
Current Developments Of Wto Dispute Settlement Body Findings On The U.S. Antidumping Sunset Review Regime, Changho Sohn
Richmond Journal of Global Law & Business
No abstract provided.
Chapter 15 And The Advancement Of International Cooperation In Cross-Border Bankruptcy Proceedings, Bryan Stark
Chapter 15 And The Advancement Of International Cooperation In Cross-Border Bankruptcy Proceedings, Bryan Stark
Richmond Journal of Global Law & Business
No abstract provided.
An Appellate Mechanism For Review Of Arbitral Decisions In Investor-State Disputes, David A. Gantz
An Appellate Mechanism For Review Of Arbitral Decisions In Investor-State Disputes, David A. Gantz
Vanderbilt Journal of Transnational Law
At a time when complaints and decisions in investor-state arbitration are proliferating as never before, concerns are being raised by the U.S. Congress, NGOs and some foreign governments over the lack of consistency (or serious errors) among the decisions that emanate from the largely ad hoc arbitral panels that are created under the provisions of bilateral investment treaties and the investment provisions of free trade agreements, such as NAFTA, Chapter 11. As a result, it is suggested that an appellate mechanism, perhaps patterned after the generally successful Appellate Body of the World Trade Organization, be created, possibly under the auspices …
Motion Picture Piracy: Controlling The Seemingly Endless Supply Of Counterfeit Optical Discs In Taiwan, Stephen K. Shiu
Motion Picture Piracy: Controlling The Seemingly Endless Supply Of Counterfeit Optical Discs In Taiwan, Stephen K. Shiu
Vanderbilt Journal of Transnational Law
Annually, Hollywood loses roughly $3.5 billion dollars in revenue to optical disc piracy in Taiwan. Optical disc piracy involves the camcording or copying of motion pictures onto laserdiscs, digital versatile discs, or video compact discs. Through the U.S. Trade Representative's satellite enforcement offices in Taiwan and coordination with the Taiwanese legislature and enforcement agencies, the U.S. motion picture companies have been able to influence some change in the frequency and severity of optical disc piracy in Taiwan. This can be mainly attributed to the Motion Picture Association of America's alliance with the U.S. Trade Representative in placing Taiwan on numerous …
The Responsible Role For International Charitable Grantmaking In The Wake Of The September 11, 2001 Terrorist Attacks, Christine H. Anthony
The Responsible Role For International Charitable Grantmaking In The Wake Of The September 11, 2001 Terrorist Attacks, Christine H. Anthony
Vanderbilt Journal of Transnational Law
This Note argues that a collaborative information collection and sharing effort would protect charities from becoming law enforcement agencies and would ensure that U.S. altruism is properly monitored and reaching the areas of the world most in need. A robust system of international charitable giving is a vital element in the promotion of "civil society" and the fight against terrorist attitudes and sympathies. The U.S. government and non-profit sector must combine resources and efforts to continue to promote global charitable participation with an updated approach to grant-making and fund oversight.
Is The Cisg Benefiting Anybody?, Gilles Cuniberti
Is The Cisg Benefiting Anybody?, Gilles Cuniberti
Vanderbilt Journal of Transnational Law
The Convention on Contracts for International Sale of Goods (CISG) was supposed to increase legal certainty and reduce the transaction costs of international buyers and sellers. This Article argues that none of these goals has been met. A survey of 181 court decisions and arbitral awards applying the CISG shows that the vast majority of international buyers and sellers do not address the issue of the law governing their contracts, irrespective of the value at stake. Although the data is not easy to interpret, it follows that international buyers and sellers are simply not concerned with the legal regime governing …
Climate Change, The Kyoto Protocol, And The World Trade Organization: Challenges And Conflicts, Daniel Mcnamee
Climate Change, The Kyoto Protocol, And The World Trade Organization: Challenges And Conflicts, Daniel Mcnamee
Sustainable Development Law & Policy
No abstract provided.
Fair Trade For All: How Trade Can Promote Development By Joseph Stiglitz And Andrew Charlton , Maria Vanko
Fair Trade For All: How Trade Can Promote Development By Joseph Stiglitz And Andrew Charlton , Maria Vanko
Sustainable Development Law & Policy
No abstract provided.
Editors' Note, Kelly Rain, Kirk Herbertson
Editors' Note, Kelly Rain, Kirk Herbertson
Sustainable Development Law & Policy
No abstract provided.
Volume 6 Issue 2, Sustainable Development Law & Policy
Volume 6 Issue 2, Sustainable Development Law & Policy
Sustainable Development Law & Policy
No abstract provided.
Confidence Through Compliance In Emissions Trading Markets, Joe Kruger, Christian Egenhofer
Confidence Through Compliance In Emissions Trading Markets, Joe Kruger, Christian Egenhofer
Sustainable Development Law & Policy
No abstract provided.
Inece Workshop On "Confidence Through Compliance In Emissions Trading Markets": Conference Report , Sustainable Development Law & Policy
Inece Workshop On "Confidence Through Compliance In Emissions Trading Markets": Conference Report , Sustainable Development Law & Policy
Sustainable Development Law & Policy
No abstract provided.