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Articles 1 - 29 of 29
Full-Text Articles in Law
Plain Packaging And The Interpretation Of The Trips Agreement, Daniel J. Gervais, Susy Frankel
Plain Packaging And The Interpretation Of The Trips Agreement, Daniel J. Gervais, Susy Frankel
Daniel J Gervais
Plain packaging of cigarettes as a way of reducing tobacco consumption and its related health costs and effects raises a number of international trade law issues. The plain packaging measures adopted in Australia impose strict format requirements on word trademarks (such as Marlboro or Camel) and ban the use of figurative marks (colors, logos, etc.). As a result, questions have been raised as to plain packaging’s compatibility with the World Trade Organization’s (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). WTO members can validly take measures to protect and promote public health, but in doing so they …
The Tbt Agreement And Tobacco Control Regulations, Lukasz A. Gruszczynski
The Tbt Agreement And Tobacco Control Regulations, Lukasz A. Gruszczynski
Lukasz A Gruszczynski
The article analyses reports issued by the panel and the Appellate Body in the US – Measures Affecting the Productions and Sale of Clove Cigarettes dispute and attempts to assess their broader consequences for national tobacco control policies. Both reports are particularly important because they clarify the limits existing under WTO law, in particular the TBT Agreement, in this policy space. In this context, the article investigates whether the WTO dispute settlement bodies interpreted relevant rules of the TBT Agreement in a manner that provides countries with sufficient regulatory autonomy while ensuring at the same time that their technical measures …
Integrating African Markets Into The Global Exchange Of Services: A Central African Perspective, Regis Y. Simo
Integrating African Markets Into The Global Exchange Of Services: A Central African Perspective, Regis Y. Simo
Regis Y. Simo
Services liberalisation has gradually become very important for growth in developed and less-developed countries alike and can, as such, be seen as development prospects for sub-Saharan Africa where numerous economic integration attempts are stories of repeated failures. Despite the abundant literature on PTAs, however, little attention has been given to Central Africa Economic and Monetary Community (CEMAC) as a trade bloc. This is an attempt to address that dearth
At a time when “boosting intra-African trade” is gaining currency on the continent, this article tests the compatibility of the potential CEMAC economic integration agreement (EIA) against the background of the …
Social Movements As Constituent Power: The Italian Struggle For The Commons, Saki Bailey, Ugo Mattei
Social Movements As Constituent Power: The Italian Struggle For The Commons, Saki Bailey, Ugo Mattei
Indiana Journal of Global Legal Studies
The Italian commons (beni comuni) movement is a powerful example of the way in which social movements are emerging as the new pouvoir constituant serving not only to enforce the protections and guarantees of national constitutions but also, in the context of the declining power of the nation-state, as a counter hegemonic force against the neoliberal economic constitutionalism of the international economic institutions. The common goods social movement in Italy was born out of the concerted action of a number of civil society groups combatting neoliberal privatizations. This commons movement, as will be argued in this paper, is an instance …
Reinventing The Development Wheel Of The World Trading System (Reviewing Sonia E. Rolland, Development At The World Trade Organization (2012)), Sungjoon Cho
All Faculty Scholarship
In probing how WTO norms may affect developing countries, Sonia Rolland introduces two paradigms in this book: development as an idiosyncrasy and development as a normative co-constituent to trade. The first paradigm concerns development-related exceptions and carve-outs found within WTO rules and agreements that exemplify a contingent provision of special favors to developing countries. Overall, it represents a limited mandate on development in the WTO. In contrast, the second paradigm embodies a normative operationalization of development agenda within the WTO system. It normatively reconstructs WTO rules and institutions in a way where development is a core mandate of the WTO, …
Are The Outward Processing Provisions In The South Korean Free Trade Agreements Consistent With The Law Of The World Trade Organization?, Pierce Lee Mr.
Are The Outward Processing Provisions In The South Korean Free Trade Agreements Consistent With The Law Of The World Trade Organization?, Pierce Lee Mr.
Pierce Lee Mr.
In recent years, the Republic of Korea (South Korea) has entered into many free trade agreements (FTAs) containing so-called outward processing provisions (OP provisions) that extend the benefit of duty-free trade to the products manufactured or processed in the Kaesong Industrial Complex (KIC). The KIC is an outward processing zone (OPZ) in the People’s Democratic Republic of Korea (North Korea) where South Korean companies are allowed to establish manufacturing plants and employ North Korean labor. Outward processing (OP) refers to temporary exportation of goods for additional processing. As “temporary” indicates, the finished goods are always imported back toSouth Koreafor domestic …
China-Taiwan Trade Relations: Implications Of The Wto And Asian Regionalism, Pasha L. Hsieh
China-Taiwan Trade Relations: Implications Of The Wto And Asian Regionalism, Pasha L. Hsieh
Pasha L. Hsieh
Cross-strait relations underwent a fundamental change when both China and Taiwan joined the World Trade Organization (WTO) in 2001. The WTO is the first world-wide multilateral organization in which China and Taiwan share equal statuses. Thus, the WTO provides a neutral forum for China and Taiwan to resolve trade conflicts. More importantly, the WTO requires the two states to behave toward one another in a manner consistent with WTO norms. Consequently, the trade policies of China and Taiwan would change in response to their WTO obligations. In addition to the WTO, Asian regionalism, which refers to the recent accelerated integration …
The Wto's Blind Spot: Dispute Resolution In The International Food Industry, Gabriela Steier
The Wto's Blind Spot: Dispute Resolution In The International Food Industry, Gabriela Steier
Gabriela Steier
This paper analyzes the importance of the WTO’s role and its dispute resolution process within the international food trade system based on a discussion of the WTO’s dispute resolution of American genetically modified (GM) crops that were forced into the European market. In order for public policy and economic aspects to coexist in the legally binding decisions that originate from the WTO dispute resolution process, the panels should acknowledge their protective function toward the trading partners on the one hand, and the public and the global ecologic sustainability on the other. The resulting precedent, in turn, would induce behavioral changes …
A Failure To Consider: Why Lawmakers Create Risk By Ignoring Trade Obligations, David R. Kocan Professor
A Failure To Consider: Why Lawmakers Create Risk By Ignoring Trade Obligations, David R. Kocan Professor
David R. Kocan Professor
The U.S. Congress frequently passes laws facially unrelated to trade that significantly impact U.S. trade relations. These impacts are often harmful, significant, and long-lasting. Despite this fact, these bills rarely receive adequate consideration of how they will impact trade. Without this consideration, Congress cannot properly conduct a cost-benefit analysis necessary to pass effective laws. To remedy this problem, the U.S. Trade Representative should evaluate U.S. domestic law to determine whether it is consistent with international trade obligations. Moreover, the U.S. Congress committee structure should be amended so that laws that might impact trade are considered within that light. In the …
Cibus, Lex, Commercium: Food Law And Plantenomics In World Trade, Gabriela Steier
Cibus, Lex, Commercium: Food Law And Plantenomics In World Trade, Gabriela Steier
Gabriela Steier
Large food producers in some of the most-powerful trading nations attain so much influence through international trade and outsourcing, that they become leaders in corporate governance and the World Trade Organization (WTO) is the only international body capable of regulating the international trade that feeds globalization. This paper analyzes the importance of the WTO’s role and its dispute resolution process within the international food trade system based on a discussion of corporate governance in the food industry and the Cartagena Protocol. Important examples discussed in this paper are the WTO’s dispute resolution of American genetically modified (GM) crops that were …
The Implementation Gap: What Causes Laws To Succeed Or Fail?, David Barnhizer
The Implementation Gap: What Causes Laws To Succeed Or Fail?, David Barnhizer
David Barnhizer
It is important to go behind the “paper systems” many countries and private sector actors have created to manufacture the appearance of commitments to responsible economic activity, environmental protection and social justice. This produces the need to penetrate the veils that mask governments’ “apparent compliance” with the terms of sustainable development, and to be honest about the inability of voluntary codes of practice to shape the behavior of business and government. Implementation requires effective systems to carry out the law and policy mandates. Laws and policies are often poorly designed or deliberately sabotaged in their creation, but in many instances …
The Reality Of Business And Governmental Decision-Making In The Context Of Sustainable Development, David Barnhizer
The Reality Of Business And Governmental Decision-Making In The Context Of Sustainable Development, David Barnhizer
David Barnhizer
It is absolutely rational for economic actors and decision-makers to seek to operate in their own self-interest. The challenge for anyone who wishes to influence or alter the process lies in knowing where that self-interest lies and changing the nature of the self-interest if that is required or possible. That is a far greater challenge than many understand because regardless of what we might like to do in our personal lives, it is the institution within which we work that dictates how we think and what we value in our service to that institution. Given the short time frame within …
New “Architecture” And Revitalizing The Un Global Compact, David Barnhizer
New “Architecture” And Revitalizing The Un Global Compact, David Barnhizer
David Barnhizer
Some advocates of sustainable development possess an almost theological faith in what I refer to as “rhetorical” sustainable development as the path to providing for the sound future of human civilizations and critical ecological systems. Simply put, if we try to think “too big” and “bite off too much” then the system we are trying to control or influence consumes us and our resources and we fail miserably. There is real and predictable danger in grandeur. This means we need to think about achieving sustainability in very specific and concrete terms applied to clear goals and an honest understanding of …
Multilateral Environmental Agreements In The Wto: Silence Speaks Volumes, Henrik Horn, Petros C. Mavroidis
Multilateral Environmental Agreements In The Wto: Silence Speaks Volumes, Henrik Horn, Petros C. Mavroidis
Faculty Scholarship
This study contributes to the debate concerning the appropriate role of multilateral environmental agreements (MEAs) in in WTO dispute settlement. Its distinguishing feature is that it seeks to address this relationship in light of the reason why the parties have chosen to separate their obligations into two bodies of law without providing an explicit nexus between them. The basic conclusion is that legislators’ silence concerning this relationship should speak volumes to WTO adjudicating bodies: MEAs should not be automatically understood as imposing legally binding obligations on WTO Members, but could be used as sources of factual information.
The Convergence Of International Trade And Investment Arbitration, Roger P. Alford
The Convergence Of International Trade And Investment Arbitration, Roger P. Alford
Journal Articles
The World Trade Organization (“WTO”) and bilateral investment treaties (“BITs”) are among the most significant legal developments in the history of international economic law. Never before in the history of international relations has trade and investment been supported by such powerful legal guarantees and adjudicative processes. In less than two decades the WTO and BITs have permanently altered the legal landscape with reciprocal and mutually advantageous arrangements designed to reduce barriers to trade and investment and eliminate discriminatory treatment in international economic relations. In most respects the worlds of trade and investment are on parallel tracks headed in the same …
The Doha Development Dysfunction: Problems Of The Wto Multilateral Trading System, Erik M. Dickinson
The Doha Development Dysfunction: Problems Of The Wto Multilateral Trading System, Erik M. Dickinson
Global Business Law Review
This Note argues that WTO member nations should use bilateral and regional trade agreements to solve key issues facing the Doha Round negotiations in order to lower trade barriers and foster a climate of free trade necessary to resurrect the stalled Doha Round. Several problems including the WTO’s lack of authority to enforce DSU decisions, protectionist trade measures, and the single undertaking have threatened the long term stability of the WTO’s multilateral trading system. However, if bilateral and regional trade agreements were used to solve key issues, much like they were used by the United States in the 1970s, WTO …
Climate Changes Disputes At The World Trade Organization: National Energy Policies And International Trade Liability, Nilmini Silva-Send
Climate Changes Disputes At The World Trade Organization: National Energy Policies And International Trade Liability, Nilmini Silva-Send
San Diego Journal of Climate & Energy Law
This Article draws attention to the different outcomes that may result when WTO law is applied to resolve climate related national energy policy disputes, signals this might send for national energy policies, and how a subtle effect of indirect state liability may arise. Several pending or unresolved complaints currently at the WTO are used to demonstrate these effects. The complaints include the greenhouse gas controversy, the wind energy subsidies complaint, and the feed-in tariffs complaint. The next section, Section II, presents the basic WTO obligations of the four countries involved in these complaints (Japan, Canada, USA, China), and ways that …
"Green" Product Procurement Policy In The European Union: Treatment Of Lifecycle Carbon Analysis And Environmental Ppm Restrictions, Shawna Ganley
"Green" Product Procurement Policy In The European Union: Treatment Of Lifecycle Carbon Analysis And Environmental Ppm Restrictions, Shawna Ganley
Sabin Center for Climate Change Law
With approximately 19% of the EU’s GDP going to government purchases, “green procurement” policies could potentially have a sizable impact on carbon emissions, and moreover could bolster the larger consumer market for sustainable goods. This white paper reviews current EC policy in this area, focusing particularly on the way in which the EC treats lifecycle analysis and non-product related “process and production methods” (PPMs), criteria that relate to the way in which the product was produced rather than to the physical properties of the final product. The paper also addresses some of the factors that may have stymied better uptake …
International Judicial Bodies For Resolving Disputes Between States, Sean D. Murphy
International Judicial Bodies For Resolving Disputes Between States, Sean D. Murphy
GW Law Faculty Publications & Other Works
This chapter of the forthcoming Oxford Handbook on International Adjudication assesses those international judicial bodies that are established principally to resolve disputes between States, notably the International Court of Justice (ICJ), the International Tribunal for the Law of the Sea (ITLOS) and the World Trade Organization (WTO) Appellate Body. Unlike courts oriented toward regional economic integration or regional human rights, such as the European Court of Justice or the Inter-American Court of Human Rights, these courts and tribunals primarily focus on resolving disputes between States. Contentious cases before these bodies, for the most part, do not involve institutional organs or …
Mapping The Law Of Wto Accession, Steve Charnovitz
Mapping The Law Of Wto Accession, Steve Charnovitz
GW Law Faculty Publications & Other Works
The member countries of the World Trade Organization (WTO) joined either as original members or through the Article XII accession process. To date, over 20 members have joined through accession including most notably China in 2001. Recently, Vietnam completed its accession negotiations and Russia made do so sometime in 2007. Governments joining the WTO through accession have to abide by WTO rules, as all members do, but applicant governments are also often asked to accept individualized rules tailored for them through negotiations. These special rules have not received extensive examination in previous scholarship. The purpose of this article is to …
In The Shadow Of The Dsu: Addressing Specific Trade Concerns In The Wto Sps And Tbt Committees, Henrik Horn, Petros C. Mavroidis, Erik Wijkström
In The Shadow Of The Dsu: Addressing Specific Trade Concerns In The Wto Sps And Tbt Committees, Henrik Horn, Petros C. Mavroidis, Erik Wijkström
Faculty Scholarship
The paper argues that focusing only on disputes formally raised in the WTO Dispute Settlement system underestimates the extent of trade conflict resolution within the WTO. Both the SPS and TBT Committees address a significant number of ‘specific trade concerns’ (STCs) that in the overwhelming majority of cases do not become formal disputes. The STCs address differences between Members concerning the conformity of national measures in the SPS and TBT areas with these agreements. It appears as if Committee work on STCs significantly helps defuse potential trade frictions concerning national policies in the covered areas.
Trade, Globalisation And Economic Policy, Patrick Kelly
Trade, Globalisation And Economic Policy, Patrick Kelly
Patrick Kelly
No abstract provided.
Trustee Courts And The Judicialization Of International Regimes: The Politics Of Majoritarian Activism In The Echr, The Eu, And The Wto, Alec Stone Sweet
Trustee Courts And The Judicialization Of International Regimes: The Politics Of Majoritarian Activism In The Echr, The Eu, And The Wto, Alec Stone Sweet
Alec Stone Sweet
No abstract provided.
Regional Trade Agreements And The Poverty Agenda, Chin Leng Lim
Regional Trade Agreements And The Poverty Agenda, Chin Leng Lim
Chin Leng Lim
Regional trade agreements (RTAs) comprise customs unions and free trade agreements (FTAs). The difference lies in the absence of a common customs border in the case of customs unions. Thus, countries A and B, which are FTA partners, will nonetheless impose different duties on third-country imports, while at the same time granting preferential treatment to each other. A major criticism is that all RTAs, customs unions and FTAs alike, discriminate against non-parties. In contrast, most favoured nation (MFN) treatment operates in the multilateral system to extend concessions made by any member of the World Trade Organization (WTO) to any other …
The Revised Handbook About The Gats General Agreement On Trade In Services For International Bar Association Member Bars, Laurel S. Terry
The Revised Handbook About The Gats General Agreement On Trade In Services For International Bar Association Member Bars, Laurel S. Terry
Laurel S. Terry
Transnational Legal Practice (United States) [2010-2012], Laurel S. Terry
Transnational Legal Practice (United States) [2010-2012], Laurel S. Terry
Laurel S. Terry
This article covers three years of Transnational Legal Practice developments in the U.S. (It is the companion article to 47 Int’l Lawyer 485 (2013) which discusses transnational legal practice developments outside of the U.S.) This article begins by briefly reviewing the uncertainty about the future of U.S. legal education and legal services. The next section discusses the proposals and changes that emanated from the ABA Commission on Ethics 20/20, which was tasked with evaluating what changes were needed in light of globalization and technology developments. The third section of this article discusses the Uniform Bar Exam and its implications for …
Oportunidades Para Las Empresas Dentro De La Omc, Rodolfo C. Rivas Rea Esq.
Oportunidades Para Las Empresas Dentro De La Omc, Rodolfo C. Rivas Rea Esq.
Rodolfo C. Rivas
The author provides a brief overview of the World Trade Organization (WTO), the International Monetary Fund (IMF) and the World Bank (WB) by explaining the context of their interrelationship. Afterwards, the author delves into a brief analysis of Mexico’s role in the International Trade arena and concludes by describing the paths through which the private sector can benefit from the WTO.///////////////////////////////////////////////////////////////////////////////////////El autor pone en contexto la interrelación entre la Organización Mundial del Comercio (OMC) el Banco Mundial (BM) y el Fondo Monetario Internacional (FMI). Posteriormente, el autor describe brevemente el rol de México dentro de las instituciones de Comercio Internacional …
The Reach Regulation And The Tbt Agreement: The Role Of The Tbt Committee In Regulatory Processes, Lukasz A. Gruszczynski
The Reach Regulation And The Tbt Agreement: The Role Of The Tbt Committee In Regulatory Processes, Lukasz A. Gruszczynski
Lukasz A Gruszczynski
Standard Of Review Of Health And Environmental Regulations By Wto Panels, Lukasz A. Gruszczynski
Standard Of Review Of Health And Environmental Regulations By Wto Panels, Lukasz A. Gruszczynski
Lukasz A Gruszczynski