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Articles 1 - 17 of 17
Full-Text Articles in International Law
The Rome Statute: Global Justice And The Asymmetries Of Recognition, Hans Lindahl
The Rome Statute: Global Justice And The Asymmetries Of Recognition, Hans Lindahl
Indiana Journal of Global Legal Studies
Given the emergence of challenges that are increasingly global in nature, and given the irreducible contingency of state borders, it would seem that justice must become global justice: justice that takes shape through a legal order that holds for all of humanity and everywhere. But is justice for all and everywhere possible? At issue, in this question, is not a rearguard defense of the state and state law. Instead, the question concerns the globality of global law and global justice. Is any legal order possible, global or otherwise, that organizes itself as an inside without an outside, that is, which …
Targeted Drug Donations: A Necessary Evil In Need Of A Global Harness And A Possible Cure For Trips Shortcomings, Gabriella Tzeneva
Targeted Drug Donations: A Necessary Evil In Need Of A Global Harness And A Possible Cure For Trips Shortcomings, Gabriella Tzeneva
Indiana Journal of Global Legal Studies
This Note explores the economic and social factors that drive multinational pharmaceutical companies to donate drugs to developing countries and evaluates the effectiveness of such donations in combating medicine shortages. The Note poses that such donations provide necessary economic incentives to drug companies and help curb high medical prices in developed nations while being an essential tool for ameliorating intellectual property requirements imposed by TRIPS. The Note proposes two solutions to further incorporate donations in access to medicine relief efforts and advocates increased international cooperation in the practice.
What's In A Name?: Geographical Indicators, Legal Protection, And The Vulnerability Of Zinfandel, Stephen M. Jurca
What's In A Name?: Geographical Indicators, Legal Protection, And The Vulnerability Of Zinfandel, Stephen M. Jurca
Indiana Journal of Global Legal Studies
This note explores the issues countries face when one party allegedly takes unfair economic advantage of foreign competitors in an increasingly global market by broadly interpreting international product labeling laws in its favor. The United States' widespread use of the term "champagne" in its domestic sparkling wine industry is just one example of how "genericide"-the process by which a popular brand name becomes so commonly used that the term is no longer protected by intellectual property law-negatively affects trade relations and hampers economic growth. This note focuses on the dangers of genericide in the marketplace, most specifically, the international wine …
A Diamond Scheme Is Forever Lost: The Kimberley Process's Deteriorating Tripartite Structure And Its Consequences For The Scheme's Survival, Andrew H. Winetroub
A Diamond Scheme Is Forever Lost: The Kimberley Process's Deteriorating Tripartite Structure And Its Consequences For The Scheme's Survival, Andrew H. Winetroub
Indiana Journal of Global Legal Studies
Oversight of the multi-billion dollar global diamond trade involves state actors, multinational corporations, and sophisticated civil society groups operating under the umbrella of the Kimberley Process. This unique tripartite governance structure created an opportunity for the parties to develop a system in which conflict diamonds could not enter the stream of commerce, transparency would be institutionalized, and governments and industry participants would be held to account. Yet, the successes of the Kimberley Process are increasingly jeopardized by an overly statist approach that has led to subjugation of the participating nongovernmental organizations. This note argues that for the Kimberley Process to …
Navigating The Turbulent Waters Connecting The World Trade Organization And Corporate Social Responsibility, Gustavo Ferreira Ribeiro
Navigating The Turbulent Waters Connecting The World Trade Organization And Corporate Social Responsibility, Gustavo Ferreira Ribeiro
Indiana Journal of Global Legal Studies
This paper uses the metaphor of a fisherman's journey into the World Trade Organization (WTO) and Corporate Social Responsibility (CSR) "seas" to explore the relationship between them. It is intended to provide the reader with a basic understanding of this relationship. An argument can be made that the WTO and CSR waters are not connected at all: the WTO is an intergovernmental organization regulating rights and duties of its members (mainly states), while CSR concerns primarily non-governmental initiatives dealing with corporate behavior, such as voluntary codes of conduct and certification processes involving social and environmental standards. However, this paper explores …
Democratization: The Contribution Of Fair Trade And Ethical Trading Movements, Janet Dine
Democratization: The Contribution Of Fair Trade And Ethical Trading Movements, Janet Dine
Indiana Journal of Global Legal Studies
De-democratization and institutional corruption threaten equality among the expanding global market community. International treaties have been largely unsuccessful because they are designed to favor the more politically and economically advantaged players. In addition to meeting these challenges, there are many additional benefits to be gained from adopting the principles of the Fair Trade and Ethical Trading movements. Finally, international law has an obligation to integrate the principles of social and ethical trading movements to prevent the autonomous powers and transnational corporations from dominating the traditional, less powerful markets and so that welfare increases for all.
Democracy and the Transnational Private …
The Wto And Domestic Political Disquiet: Has Legalization Of The Global Trade Regime Gone Too Far?, James R. Cohee
The Wto And Domestic Political Disquiet: Has Legalization Of The Global Trade Regime Gone Too Far?, James R. Cohee
Indiana Journal of Global Legal Studies
The recent "legalization" of the global trade regime (the WTO) has inspired enormous amounts of research and literature. Fewer commentators, however, have examined WTO legalization from the perspective of domestic interest groups. I add to this growing subfield of literature by arguing that the WTO has not exceeded its boundary for domestic political acceptance, nor will it likely do so in the near future. In one respect-" judicial activism"-legalization does, however, present a threat to domestic political support. Still, drawing from historical lessons, I argue that the WTO as an institution will face irrelevance only if both protectionists and multilateralists …
Advance Informed Agreement: A Shared Basis For Governing Trade In Genetically Modified Organisms?, Aarti Gupta
Advance Informed Agreement: A Shared Basis For Governing Trade In Genetically Modified Organisms?, Aarti Gupta
Indiana Journal of Global Legal Studies
No abstract provided.
The Impact Of State Sovereignty On Global Trade And International Taxation, By Ramon J. Jeffery, Michael P. Avramovich
The Impact Of State Sovereignty On Global Trade And International Taxation, By Ramon J. Jeffery, Michael P. Avramovich
Indiana Journal of Global Legal Studies
No abstract provided.
National Legal Restructuring In Accordance With International Norms: Gatt/Wto And China's Trade Reform, Thomas Man
National Legal Restructuring In Accordance With International Norms: Gatt/Wto And China's Trade Reform, Thomas Man
Indiana Journal of Global Legal Studies
No abstract provided.
The Puzzling Relationship Between Trade And Environment: Nafta, Competitiveness, And The Pursuit Of Environmental Welfare Objectives, Ileana M. Porras
The Puzzling Relationship Between Trade And Environment: Nafta, Competitiveness, And The Pursuit Of Environmental Welfare Objectives, Ileana M. Porras
Indiana Journal of Global Legal Studies
The North American Free Trade Agreement (NAFTA) is often claimed to be a "promising beginning" for the reconciliation of trade and environment. Professor Porras, however, suggests that the form that "reconciliation" takes in NAFTA is extremely problematic. Harmonization of standards to facilitate the free flow of trade is a familiar trade goal. NAFTA's provisions regarding environmental standards, however, are not a straightforward requirement to harmonize standards. Rather, NAFTA recognizes state autonomy in standard setting, on the one hand, while requiring a form of upward harmonization, on the other. According to Professor Porras, the result of such an arrangement is the …
Border Crossings: Nafta, Regulatory Restructuring, And The Politics Of Place, Ruth Buchanan
Border Crossings: Nafta, Regulatory Restructuring, And The Politics Of Place, Ruth Buchanan
Indiana Journal of Global Legal Studies
Professor Buchanan begins her paper by questioning whether
recent economic and political shifts towards notions of
"globalization" (e.g., the NAFTA) have failed to consider the
politics or economics of change in particular places. Her prime
example of a "place" where integration is illogically forced against
a background of differentiation is the U.S.-Mexico border region.
Through the scope of a "regulatory complex" (a complex of legal,
institutional, regulatory, and social orderings), she departs from the
common view of the NAFTA as a productive tool of North American
integration, and instead views the NAFTA as exacerbating
"differences between localities, industries, and labor …
Taiwan's Application To The Gatt: A New Urgency With The Conclusion Of The Uruguay Round, Susanna Chan
Taiwan's Application To The Gatt: A New Urgency With The Conclusion Of The Uruguay Round, Susanna Chan
Indiana Journal of Global Legal Studies
No abstract provided.
International Trade And Environmental Development: A View From India, R. S. Pathak
International Trade And Environmental Development: A View From India, R. S. Pathak
Indiana Journal of Global Legal Studies
No abstract provided.
Using Trade To Enforce International Environmental Law: Implications For United States Law, Mary Ellen O'Connell
Using Trade To Enforce International Environmental Law: Implications For United States Law, Mary Ellen O'Connell
Indiana Journal of Global Legal Studies
No abstract provided.
The Challenge Of Trade Liberalization To Cultural Survival On The Southern Frontier Of Mexico, June Nash
The Challenge Of Trade Liberalization To Cultural Survival On The Southern Frontier Of Mexico, June Nash
Indiana Journal of Global Legal Studies
No abstract provided.
The U.S.-Japan Trading Relationship And Its Effects, Richard Rosecrance
The U.S.-Japan Trading Relationship And Its Effects, Richard Rosecrance
Indiana Journal of Global Legal Studies
No abstract provided.