Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- International law (3)
- International trade law (2)
- Belt & Road (1)
- CIETAC (1)
- China (1)
-
- China Trade (1)
- Chinese Arbitration (1)
- Chinese Justice (1)
- Contracts (1)
- Corporate tax (1)
- Corporations (1)
- Cultural Cognition (1)
- Decision-Making (1)
- Dispute Resolution (1)
- Dispute settlement (1)
- Dispute settlement mechanism (1)
- Distributive justice (1)
- Empirical Study (1)
- Exports (1)
- Foreign Investment in China (1)
- Foreign Trade (1)
- Free trade agreements (1)
- Global justice (1)
- Income tax (1)
- International Arbitration (1)
- International Trade and the Law; Politics (1)
- International courts (1)
- International investment law (1)
- Judgments (1)
- Judgments recognition (1)
Articles 1 - 9 of 9
Full-Text Articles in Law
Global Investment Rules As A Site For Moral Inquiry, Steven R. Ratner
Global Investment Rules As A Site For Moral Inquiry, Steven R. Ratner
Articles
The legal regime regulating cross-border investment gives key rights to foreign investors and places significant duties on states hosting that investment. It also raises distinctive moral questions due to its potential to constrain a state’s ability to manage its economy and protect its people. Yet international investment law remains virtually untouched as a subject of philosophical inquiry. The questions of international political morality surrounding investment rules can be mapped through the lens of two critiques of the law – that it systemically takes advantage of the global South and that it constrains the policy choices of states hosting investment. Each …
Does The United States Still Care About Complying With Its Wto Obligations?, Reuven S. Avi-Yonah
Does The United States Still Care About Complying With Its Wto Obligations?, Reuven S. Avi-Yonah
Articles
The Tax Cuts and Jobs Act of 2017 (“TCJA”) contains a provision that on its face appears to be a blatant violation of the WTO’s Subsidies and Countervailing Measures (SCM) rules. New IRC section 250 applies a reduced 13.125% tax rate to “foreign derived intangible income” (FDII), which is defined as income derived in connection with (1) property that is sold by the taxpayer to any foreign person for a foreign use or (2) services to any foreign person or with respect to foreign property. In other words, this category comprises exports for property and services, including royalties from the …
Introduction To The Yale Symposium On Trade Law Under The Trump Administration, Kathleen Claussen, David Singh Grewal
Introduction To The Yale Symposium On Trade Law Under The Trump Administration, Kathleen Claussen, David Singh Grewal
Articles
No abstract provided.
Recognition Of Foreign Judgments In China: The Liu Case And The 'Belt And Road' Initiative, Ronald A. Brand
Recognition Of Foreign Judgments In China: The Liu Case And The 'Belt And Road' Initiative, Ronald A. Brand
Articles
In June, 2017, the Wuhan Intermediate People's Court became the first Chinese court to recognize a U.S. judgment in the case of Liu Li v. Tao Li & Tong Wu. The Liu case is a significant development in Chinese private international law, but represents more than a single decision in a single case. It is one piece of a developing puzzle in which the law on the recognition and enforcement of foreign judgments in China is a part of a larger set of developments. These developments are inextricably tied to the “One Belt and One Road,” or “Belt and …
Separation Of Trade Law Powers, Kathleen Claussen
The Other Trade War, Kathleen Claussen
A Case Of Motivated Cultural Cognition: China's Normative Arbitration Of International Business Disputes, Pat K. Chew
A Case Of Motivated Cultural Cognition: China's Normative Arbitration Of International Business Disputes, Pat K. Chew
Articles
The centuries-old conception of judges and arbitrators as highly predictable and objective is being dismantled. In its place, a much more textured, complicated, and challenging understanding of legal decision-making is being constructed. New research on “Motivated Cognition” demonstrates that judges and arbitrators are more human than mechanical, pouring themselves – and the cultural and institutional contexts within which they act – into their decision making. This article extends the emerging model of Motivated Cultural Cognition, a form of Motivated Cognition, to the global stage, investigating arbitration of business disputes between two world-powers: United States and China. Through a first-of-its-kind empirical …
Dispute Settlement Under The Next Generation Of Free Trade Agreements, Kathleen Claussen
Dispute Settlement Under The Next Generation Of Free Trade Agreements, Kathleen Claussen
Articles
No abstract provided.
Old Wine In New Bottles? The Trade Rule Of Law, Kathleen Claussen
Old Wine In New Bottles? The Trade Rule Of Law, Kathleen Claussen
Articles
No abstract provided.