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Antitrust and Trade Regulation Commons™
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Articles 1 - 13 of 13
Full-Text Articles in Antitrust and Trade Regulation
The Free Movement Of Capital In Europe: Is The European Court Of Justice Living Up To Its Framers' Intent And Setting An Example For The World?, Jarrod Tudor
Jarrod Tudor
The benefits to free movement of international financial flows are numerous but include an efficient asset market and the opportunity for economic growth and development for countries engaged in an agreement allowing for such freedom. The free movement of capital is one of the four pillars of the Treaty on the Function of the European Union (TFEU) along with the free movement of goods, services, and labor. Article 63 of the TFEU prohibits limitations on the free movement of capital while Article 65 of the TFEU allows for some exceptions. Not only does the free movement of capital doctrine suppose …
Discriminatory Internal Taxation In The European Union: The Power Of The European Court Of Justice To Limit The Tax Sovereignty Of Member-States Under Article 110 Of The Tfeu, Jarrod Tudor
Jarrod Tudor
Protectionism can come in a variety of methods including the use of internal taxation policies that discriminate against imports making those imports more expensive on the domestic market and thus favoring domestically-produced goods. Discriminatory taxation policies have been developed by member-states to mask protectionism by distinguishing products based on import status, product similarity, product life cycle, consumption, tax collection practices, transportation charges, and state aid. The Framers of the Treaty on the Functioning of the European Union (TFEU) wrote Article 110 with the objective in mind to prohibit internal taxation policies from discriminating against goods in made in other member-states. …
Multilateralism Or Regionalism; What Can Be Done About The Proliferation Of Regional Trading Agreements?, Luwam G. Dirar
Multilateralism Or Regionalism; What Can Be Done About The Proliferation Of Regional Trading Agreements?, Luwam G. Dirar
Luwam G Dirar
Regional trading agreements are treaties entered into by states. States enter into regional trading agreements for different reasons some of which are economic, political and security reasons. Regional trading agreements (herein after RTAs) have been successful in achieving trade liberalization at a much faster speed than the World Trade Organization (herein after WTO). The most notable example of RTAs is the European Communities that has been successful to liberalize both trade in goods and services.
Members of those Regional Trading Agreements create rules of origin. Rules of origin are important in allocating the appropriate duty for imported goods. They tell …
Comment: Doha, Security And Justice – A Response To Prof. Raj Bhala, Frank Garcia
Comment: Doha, Security And Justice – A Response To Prof. Raj Bhala, Frank Garcia
Frank J. Garcia
No abstract provided.
Theories Of Justice And International Economic Law, Frank Garcia, Lindita Ciko
Theories Of Justice And International Economic Law, Frank Garcia, Lindita Ciko
Frank J. Garcia
No abstract provided.
The Transatlantic Gmo Dispute Against The European Communities: Some Preliminary Thoughts, David A. Wirth
The Transatlantic Gmo Dispute Against The European Communities: Some Preliminary Thoughts, David A. Wirth
David A. Wirth
Any day now, a World Trade Organization panel is expected to rule in a dispute between the U.S. and the EU concerning market access for genetically-engineered foods and crops. This piece, written before the release of the WTO panel's report, analyzes novel systemic issues concerning the impact of WTO law on regulatory design, at both the national and international levels, that are raised by this dispute. These include (1) the application of WTO disciplines to regulatory schemes that require prior governmental approval to protect the environment and public health from newly-introduced products and substances; (2) the role of precaution as …
Why Trade Law Needs A Theory Of Justice, Frank J. Garcia
Why Trade Law Needs A Theory Of Justice, Frank J. Garcia
Frank J. Garcia
No abstract provided.
Legal Borrowing Is A Two-Way Street, Frank Garcia
Legal Borrowing Is A Two-Way Street, Frank Garcia
Frank J. Garcia
No abstract provided.
Review Of The Law Of Peoples, Frank J. Garcia
Evaluating International Economic Law Dispute Resolution Mechanisms, Frank J. Garcia
Evaluating International Economic Law Dispute Resolution Mechanisms, Frank J. Garcia
Frank J. Garcia
No abstract provided.
The Usefulness Of Which Rawls?, Frank J. Garcia
Careers In International Law, Frank Garcia
Review Of Legal Polycentricity And International Law, Frank J. Garcia
Review Of Legal Polycentricity And International Law, Frank J. Garcia
Frank J. Garcia
No abstract provided.