Law Commons^™

Offshore Outsourcing And Worker Rights, Theodore J. St. Antoine

Articles

For the workers in the Rust Belt of the United States, concentrated in Southern New England, Western New York State, Pennsylvania, Ohio, Michigan, Indiana, and Illinois, it doesn't make much difference whether their jobs are outsourced or lost to North Carolina or Mexico or China. In any event the sources of income that have existed for generations are gone and the economic and psychic pains are much the same. Nonetheless, for purposes of national policy it plainly matters whether the work is moving to another part of the country or is leaving the United States entirely. I am going to …

Trade, Law And Product Complexity, Katharina Pistor, Daniel Berkowitz, Johannes Moenius

Faculty Scholarship

How does the quality of national institutions that enforce the rule of law influence international trade? Anderson and Marcouiller argue that bad institutions located in the importer’s country deter international trade because they enable economic predators to steal and extort rents at the importer’s border. We complement this research and show how good institutions located in the exporter’s country enhance international trade, in particular, trade in complex products whose characteristics are difficult to fully specify in a contract. We argue that both exporter and importer institutions affect international as well as domestic transaction costs in complex and simple product markets. …

Comparative Study Of The Formation Of Electronic Contracts In American Law With References To International Law, Roberto Rosas

Faculty Articles

An understanding of the basic principles that regulate contract formation is of great importance when deciphering the most appropriate ways of fom1ing a new contract or when assessing the legality of an already existing contract. While the basic rules of contract formation are generally applicable to all types of contracts regardless of the method utilized in their creation, there are some juridical rules that apply specifically to electronically created contracts.

The Procedural Soft Law Of International Arbitration, William W. Park

Faculty Scholarship

The conference organizers set me the daunting task of exploring arbitration's “non-national instruments,” which is to say the guidelines of professional groups and non-governmental organizations related to evidence, conflicts of interest, ethics and the organization of arbitral proceedings. Frequently these procedural standards build on the lore of international dispute resolution as memorialized in articles, treatises and learned symposium papers. These guidelines represent what might be called “soft law,” in distinction to the harder norms imposed by arbitration statutes and treaties, as well as the procedural framework adopted by the parties through choice of pre-established arbitration rules.

The growth of procedural …

The Salmon Case: Evolution Of Balancing Mechanisms For Non-Trade Values In Wto, Frank Garcia

Frank J. Garcia

No abstract provided.

Integrating Trade And Human Rights In The Americas, Frank Garcia

Frank J. Garcia

This paper analyzes the relationship between the OAS Inter-American human rights system and several regional integration systems, including NAFTA, MERCOSUR and the proposed Free Trade Area of the Americas (FTAA). Broadly speaking, there are two models for the relationship between integration systems and human rights protection: the leverage model and the incorporation model. The leverage model involves making effective participation in extrinsic human rights systems a legal or political condition of integration system membership. The incorporation model focuses on the juridical interpenetration of the two systems at many levels. This paper will focus on the leverage model, as it applies …

Tradition And Europeanization In Italian Law: The New Path Of European Law. A Review To A Recent Book Of Professor Guido Alpa, Antonio Lordi

antonio lordi

No abstract provided.

Valori Etici E Principio Di Complementarità Tra Sistemi Giuridici, Antonio Lordi

antonio lordi

No abstract provided.

Review Of The World Trade Organization: Law, Practice And Policy, Frank J. Garcia

Frank J. Garcia

No abstract provided.

Why Trade Law Needs A Theory Of Justice, Frank J. Garcia

Frank J. Garcia

No abstract provided.

Commercial Arbitration In The Islamic Middle East, Art Gemmell Dr.

art gemmell

As any observer of the international commercial scene will attest, globalization has spawned an untold number of daily international business transactions. From these transactions, disputes arose and states worried that their domestic court system would be unable to deal with foreign commercial disputes expeditiously and equitably. In order to both address these concerns and to promote the use of international arbitration, a host of international and regional conventions was established to deal with the peaceful settlement of disputes. The Islamic Middle East has not fully embraced what might be euphemistically referred to as a“modern” arbitral system.

Empresa, Inversión Y Constitución, Fernando Castillo Cadena

Fernando Castillo Cadena

La legislación Colombiana implementó los contratos de estabilidad jurídica como medio para atraer inversión extranjera al país. A través de la presente ponencia se hace una reconstrucción económica de la norma jurídica.

El Principio De Veracidad Publicitaria Y La Prohibición De Inducir A Error Al Consumidor, Pierino Stucchi

Pierino Stucchi

No abstract provided.

Policy Challenges From The "White" Senate Inquiry Into Workplace-Related Health Impacts Of Toxic Dusts And Nanoparticles, Thomas A. Faunce, Haydn Walters, Trevor Williams, David Bryant, Martin Jennings, Bill Musk

Thomas A Faunce

On 22 June 2005 the Senate of the Commonwealth of Australia voted to establish an inquiry into workplace harm related to toxic dust and emerging technologies (including nanoparticles). The inquiry became known as the "White" Inquiry after Mr Richard White, a financially uncompensated sufferer of industrial sandblasting-induced lung disease who was instrumental in its establishment. The "White" Inquiry delivered its final report and recommendations on 31 May 2006. This paper examines whether these recommendations and their implementation may provide a unique opportunity not only to modernize relevant monitoring standards and processes, but related compensation systems for disease associated with workplace-related …

Agricultural Trade And Developing Countries, Carmen G. Gonzalez

Carmen G. Gonzalez

This article reviews Global Agricultural Trade and Developing Countries, edited by M.A. Aksoy & J.C. Beghin (Washington DC: World Bank, 2004). The book examines key issues in agricultural trade policy that are of particular significance to developing countries. The book’s strength is its painstaking research and detailed and exhaustive analysis of agricultural trade and production policies in a variety of countries and across a variety of commodities. The book provides a clear explanation of the market distortions caused by agricultural protectionism and of the distributional impacts of agricultural trade liberalization. The book’s weakness is its failure to integrate its analysis …

Boyakasha, Fist To Fist: Respect And The Philosophical Link With Reciprocity In International Law And Human Rights, Donald J. Kochan

Donald J. Kochan