U.S. Patent Extraterritoriality Within The International Context, Amy L. Landers
Nov 2016
U.S. Patent Extraterritoriality Within The International Context, Amy L. Landers
Amy L. Landers
Globalization has prompted the evolution of our definition of sovereignty. In the patent context, this has arisen amidst a recent focus on the extraterritorial reach of patent remedies. Some of the theoretical challenges are examined in a recent series of decisions of the U.S. Court of Appeals for the Federal Circuit. These decisions evidence the tensions that arise in when transnational conduct is evaluated within the Westphalian framework developed in the 1600’s. In essence, resolving them requires grappling with the problems that arise “where the reality of human interaction, with its plural sources of norms, seems to be chafing against …
From Paper To Electronic Order: The Digitalization Of The Check In The Usa*, Benjamin Geva
Jul 2016
From Paper To Electronic Order: The Digitalization Of The Check In The Usa*, Benjamin Geva
Benjamin Geva
No abstract provided.
Border Crossings: Nafta, Regulatory Restructuring, And The Politics Of Place, Ruth Buchanan
Jul 2016
Border Crossings: Nafta, Regulatory Restructuring, And The Politics Of Place, Ruth Buchanan
Ruth Buchanan
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 …
The Limits Of Isomorphism: Global Investment Law And The Asean Investment Regime, Sungjoon Cho, Jurgen Kurtz
Jul 2016
The Limits Of Isomorphism: Global Investment Law And The Asean Investment Regime, Sungjoon Cho, Jurgen Kurtz
Sungjoon Cho
This article probes the unique ontogenetic path of ASEAN’s regulation of foreign investment by juxtaposing global investment law and the ASEAN context. While the former delivers a powerful heuristic on isomorphism that ASEAN exhibits in its strong reflection of global investment norms, the latter sheds critical light on ideological and analytical blind spots by exploring distinct heterogeneities in ASEAN’s investment regulation. Those heterogeneities are not simply outliers but reflect important historical and cultural values inherent to ASEAN and its members. The insights uncovered in this article invite scholars and policymakers to define a new form of global investment law that …
Convergences: A Prospectus For Justice In A Global Market Society, Frank J. Garcia
Jun 2016
Convergences: A Prospectus For Justice In A Global Market Society, Frank J. Garcia
Frank J. Garcia
This essay identifies six key legal, economic and governance convergences in 21st century global law and policy: the deepening of the global economy, the worsening of economic inequality, the thickening of global social relationships, the unification of international economic law, the emergence of global law, and the integration of global justice concerns into our ongoing conversation about development. These convergences point towards the emergence of a global market society, with significant consequences for international economic law and its role in helping that emerging society to flourish. The essay concludes with one view of what it will mean to meet that …
Legitimacy Of Taiwan's Trade Negotiations With China: Demystifying Political Challenges, Pasha L. Hsieh
May 2016
Legitimacy Of Taiwan's Trade Negotiations With China: Demystifying Political Challenges, Pasha L. Hsieh
Pasha L. HSIEH
The article analyzes Taiwan’s legitimacy debate over trade negotiations with China. The theoretical concept of legitimacy is used to assess Taiwan’s cross-straits negotiation mechanism and trade agreements. This article argues that Taiwan’s current legal framework governing congressional supervision of cross-straits agreements falls short of procedural legitimacy and performance legitimacy. By explaining the constitutional design for Taiwan’s “white glove” mechanism, the article explores the initial procedural legitimacy deficit. As cross-straits negotiations involve increasingly substantive obligations, the legitimacy of bilateral agreements has changed fundamentally. The massive protest in the Sunflower Movement due to the Services Trade Agreement reinforced legitimacy concerns. Taiwan’s ambiguous …
21st Century Investment Agreements: Justice, Governance And The Rule Of Law, Frank J. Garcia
May 2016
21st Century Investment Agreements: Justice, Governance And The Rule Of Law, Frank J. Garcia
Frank J. Garcia
Investment treaty law can no longer be managed as if it were merely a system of private ordering setting out the protected rights of capital owners. This philosophy has contributed to the ongoing legitimacy crisis affecting investment law today, including the TPP and TTIP negotiations. In response to a similar legitimacy crisis in the 1990s, the international trade system began a profound paradigm shift, recognizing that trade law was not simply a technical regime for liberalizing economic flows, but a system of treaty-based governance for managing transnational economic resources for the good of society as a whole.
Investment law …
Special Economic Zones In The United States: From Colonial Charters, To Foreign-Trade Zones, Toward Ussezs, Tom W. Bell
Mar 2016
Special Economic Zones In The United States: From Colonial Charters, To Foreign-Trade Zones, Toward Ussezs, Tom W. Bell
Tom W. Bell
Special economic zones (SEZs) and the United States have a long and complicated relationship. The lineage of the United States runs back to proto-SEZs, created when Old World governments sold entrepreneurs charters to build for-profit colonies in the New World, such as Jamestown and New Amsterdam. In more recent times, though, the United States has lagged behind the rest of the world in tapping the potential of SEZs, which have exploded in number, types, territory, and population. True, the US hosts a large and growing number of Foreign-Trade Zones (FTZs), but these do little more than exempt select companies from …
Development, Frank J. Garcia
Jan 2016
Development, Frank J. Garcia
Frank J. Garcia
Development is about aspiration—our longing for a better life as individuals and as a community—and respect, as we individually and collectively recognize and support these aspirations. Development requires the freedom to define and choose that better life; a fair share of the resources needed to realize that life; and narratives of where we currently stand with regard to our aspirations and why, where we want to go, and what it will take to get there. This means that development inevitably takes place in and through politics, law, and the social sciences (especially economics), as we work to articulate our claims …
Geographical Indications, Food Safety, And Sustainability Challenges And Opportunities, David A. Wirth
Dec 2015
Geographical Indications, Food Safety, And Sustainability Challenges And Opportunities, David A. Wirth
David A. Wirth
This paper examines the legal and policy relationship reinforcement amongst international standards for GIs, food safety standards, and other claims of quality or safety. The paper addresses those relationships within the context of international trade agreements protecting GIs, such as the 1994 TRIPS Agreement, the EU-Canada Comprehensive Economic and Trade Agreement (CETA), and the chapter on intellectual property and geographical indications in the Transatlantic Trade and Investment Partnership (TTIP) currently under negotiation. Trade agreements also discipline food safety measures and non-GI indications of quality or safety such as “organic” and “GMO-free.” Accordingly, the paper also considers the extent to which …
