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Articles 61 - 90 of 102
Full-Text Articles in International Trade Law
Is The Current Disposition Of The Doctrine Of Sovereign Immunity In The United States Appropriate In Light Of Prevailing Governmental Policy?, James W. Reid
Georgia Journal of International & Comparative Law
No abstract provided.
Recent Developments And Future Prospects Of The Common Market, Michael Waelbroeck
Recent Developments And Future Prospects Of The Common Market, Michael Waelbroeck
Georgia Journal of International & Comparative Law
No abstract provided.
The Luxembourg Convention On The Community Patent: Complementary Application Of National Law?, Rhond Rudolph Roth
The Luxembourg Convention On The Community Patent: Complementary Application Of National Law?, Rhond Rudolph Roth
Georgia Journal of International & Comparative Law
No abstract provided.
Lawyers In The Shadow Of The Regulatory State: Transnational Governance On Business And Human Rights, Milton C. Regan Jr., Kath Hall
Lawyers In The Shadow Of The Regulatory State: Transnational Governance On Business And Human Rights, Milton C. Regan Jr., Kath Hall
Fordham Law Review
Lawyers are beginning to play an important role in strengthening the system of transnational governance that regulates business and human rights. In setting the background to our discussion of lawyers’ role in this context, Part I of this Article provides a general overview of the emergence of the transnational governance regime. Part II then describes some of the governance instruments that attempt to prevent and rectify the adverse human rights impacts of business activities. Part III discusses the extent to which lawyers are advising their business clients on human rights issues, the factors that may inhibit or encourage the provision …
Contemporary Practice Of The United States Relating To International Law, Kristina Daugirdas, Julian Davis Mortenson
Contemporary Practice Of The United States Relating To International Law, Kristina Daugirdas, Julian Davis Mortenson
Articles
In this section: • United States Achieves Progress in Iran Relations with Nuclear Agreement Implementation, Prisoner Swap, and Hague Claims Tribunal Resolutions • European Union and United States Conclude Agreement to Regulate Transatlantic Personal Data Transfers • After Lengthy Delay, Congress Approves IMF Governance Reforms that Empower Emerging Market and Developing Countries • United States Joins Consensus on Paris Climate Agreement • United States and Eleven Other Nations Conclude Trans-Pacific Partnership
Seeing Color: Implications Of The European Union's New Common Practice For Transatlantic Trademark Registration By United States Trademark Holders, Christine Park
Seattle University Law Review
This Note explores two issues related to the EU’s new common practice: (1) whether the new common practice will deter ongoing efforts to integrate trademark registration and protection at the international level; and (2) whether U.S. trademark holders, when expanding business into the EU, should register through the Madrid Protocol and obtain Community Trade Mark or register through a country’s trademark office. This Note argues that the new trademark practice hinders international efforts for standardizing trademark registration and that U.S. trademark holders should claim color when registering their marks with the EU.
Special Economic Zones In The United States: From Colonial Charters, To Foreign-Trade Zones, Toward Ussezs, Tom W. Bell
Special Economic Zones In The United States: From Colonial Charters, To Foreign-Trade Zones, Toward Ussezs, Tom W. Bell
Tom W. Bell
Extraterritorial Application Of The Export Administration Amendments Of 1977, Robert S. Wayne
Extraterritorial Application Of The Export Administration Amendments Of 1977, Robert S. Wayne
Georgia Journal of International & Comparative Law
No abstract provided.
A Comparative Study Of Non-United States Responses To The Arab Boycott, Nancy Turck
A Comparative Study Of Non-United States Responses To The Arab Boycott, Nancy Turck
Georgia Journal of International & Comparative Law
No abstract provided.
Federal Tax Consequences Of International Boycotts, Carl Estes Ii
Federal Tax Consequences Of International Boycotts, Carl Estes Ii
Georgia Journal of International & Comparative Law
No abstract provided.
The Arab Boycott Of Israel: The Role Of The United States Antitrust Laws In The Wake Of The Export Administration Amendments Of 1977, James M. Johnstone, Jon Paugh
The Arab Boycott Of Israel: The Role Of The United States Antitrust Laws In The Wake Of The Export Administration Amendments Of 1977, James M. Johnstone, Jon Paugh
Georgia Journal of International & Comparative Law
No abstract provided.
The Business Effects Of The Antiboycott Provisions Of The Export Administration Amendments Of 1977 - Morality Plus Pragmatism Equals Complexity, Eugene A. Ludwig, John T. Smith Ii
The Business Effects Of The Antiboycott Provisions Of The Export Administration Amendments Of 1977 - Morality Plus Pragmatism Equals Complexity, Eugene A. Ludwig, John T. Smith Ii
Georgia Journal of International & Comparative Law
No abstract provided.
The Antiboycott Law: The Regulation Of International Business Behavior, Stanley J. Marcuss
The Antiboycott Law: The Regulation Of International Business Behavior, Stanley J. Marcuss
Georgia Journal of International & Comparative Law
No abstract provided.
Pressures And Principles - The Politics Of The Antiboycott Legislation, Henry J. Steiner
Pressures And Principles - The Politics Of The Antiboycott Legislation, Henry J. Steiner
Georgia Journal of International & Comparative Law
No abstract provided.
Introduction - The Arab Boycott And The International Response, Georgia Journal Of International And Comparative Law
Introduction - The Arab Boycott And The International Response, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.
Trade Law-Import Quotas-Executive Agency May Impose Textile Import Quotas Under Section 204 Of The Agricultural Act Of 1956 Without Prior Showing Of Domestic Market Disruption-Jurisdiction-Customs Court Possesses Exclusive Jurisdiction Over Actions Protesting Import Quotas, K. Edwin Kilgore
Georgia Journal of International & Comparative Law
No abstract provided.
Table Of Contents, Georgia Journal Of International And Comparative Law
Table Of Contents, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.
The Technical Barriers To Trade Agreement: A Reconciliation Of Divergent Values In The Global Trading System, Samantha Gaul
The Technical Barriers To Trade Agreement: A Reconciliation Of Divergent Values In The Global Trading System, Samantha Gaul
Chicago-Kent Law Review
In the context of multilateral trading, there is a historical tension between economically oriented, laissez-faire, pro-trade concerns as they are juxtaposed with social, environmental, and health concerns. These conflicting values are inextricable from one another in a world that encourages, and quite frankly mandates, a high level of economic interdependency. But what if institutional actors could reconcile these conflicting values—at least toward the more efficient and practical goals of alleviating (rather than eliminating) the underlying tension? This Note argues that Article 2.2 of the World Trade Organization’s Technical Barriers to Trade Agreement operates to reconcile these fundamental tensions to some …
Development, Frank J. Garcia
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 …
(De)Legitimation At The Wto Dispute Settlement Mechanism, Cosette D. Creamer, Zuzanna Godzimirska
(De)Legitimation At The Wto Dispute Settlement Mechanism, Cosette D. Creamer, Zuzanna Godzimirska
Vanderbilt Journal of Transnational Law
International courts employ a variety of legitimation strategies in order to establish and maintain a sound basis of support among their constituents. Existing studies on the legitimating efforts and legitimacy of the World Trade Organization's (WTO) judicial bodies have relied largely on theoretical or normative priors about what makes them legitimate. In contrast, this Article directly connects the study of courts' legitimating efforts with their effects by empirically mapping the reception of the WTO Dispute Settlement Mechanism's (DSM) exercise of authority by the system's primary constituents--WTO Members. Using an original data set of WTO Member statements within meetings of the …
Bank Frauds And Tracking The Hidden Assets, Albert F. Tellechea, Michael J. Cortes
Bank Frauds And Tracking The Hidden Assets, Albert F. Tellechea, Michael J. Cortes
Florida A & M University Law Review
Each year banks are the targets of insider and outsider fraudulent activity. Borrowers overstate their assets and holdings in order to obtain loans for which they would never otherwise qualify. Employees embezzle, steal, or conspire with crooked clients for a kickback, and billions are lost. Law enforcement agencies around the world are reporting increased instances of corporate, mortgage, and bank fraud. For example, the United States Federal Bureau of Investigations ("FBI") in its FY2007 Financial Crimes Report states that its corporate fraud cases doubled from five years earlier. Through FY2007, U.S. Grand Juries returned 183 indictments resulting in 173 convictions. …
Free Trade, The Washington Consensus, And Bilateral Investment Treaties The South African Journey: A Rethink On The Rules On Foreign Investment By Developing Countries, Ziyad Motala
American University Business Law Review
No abstract provided.
An Ode To Sea Turtles & Dolphins: Expanding Wto’S Mandate To Bridge The Trade-Environment Divide, Geary Choe
An Ode To Sea Turtles & Dolphins: Expanding Wto’S Mandate To Bridge The Trade-Environment Divide, Geary Choe
Cornell Law Library Prize for Exemplary Student Research Papers
Geary Choe’s ambitious paper showcased a diverse and sophisticated understanding of research in public international law and interdisciplinary sources.
Choe’s paper proposes expanding the World Trade Organization’s mandate to carve out a new exception for trade-restrictive measures in multilateral environmental agreements (MEAs). His process involved analyzing international conventions, WTO panel and appellate body reports as well as non-legal materials written by economists, environmentalists and non-governmental organizations. Choe used that research to examine the historical tension between the competing interests of trade vs. environment and concluded with original proposals of how to reconcile them within the WTO’s legal framework.
Most rewardingly, …
A Future For A Forgotten Predator: Assessment Of The Global And Regional Legal Frameworks For Protection And Recovery Of The Caribbean Sawfishes Pristis Pristis And Pristis Pectinata And Recommendations For The Course Forward, Olga Koubrak
LLM Theses
Two species of sawfish, Pristis pristis and Pristis pectinata, used to be common in the coastal waters of the Caribbean Region. However, due to direct and incidental fishing pressures, national and international trade in body parts, and habitat loss, the populations of these ecologically and culturally significant species have drastically declined. This thesis identifies and reviews global and regional, binding and non-binding legal instruments in effect in the Caribbean Region that encourage states to protect biodiversity in general or address identified threats to sawfishes specifically. Despite the presence of obligations that call upon states to adopt sawfish conservation and habitat …
The Destruction Of Cultural Heritage: A Crime Against Property Or A Crime Against People?, 15 J. Marshall Rev. Intell. Prop. L. 336 (2016), Patty Gerstenblith
The Destruction Of Cultural Heritage: A Crime Against Property Or A Crime Against People?, 15 J. Marshall Rev. Intell. Prop. L. 336 (2016), Patty Gerstenblith
UIC Review of Intellectual Property Law
The destruction of cultural heritage has played a prominent role in the ongoing conflicts in Syria and Iraq and in the recent conflict in Mali. This destruction has displayed the failure of international law to effectively deter these actions. This article reviews existing international law in light of this destruction and the challenges posed by the issues of non-international armed conflict, non-state actors and the military necessity exception. By examining recent developments in applicable international law, the article proposes that customary international law has evolved to interpret existing legal instruments and doctrines concerning cultural heritage in light of the principles …
International Trade, Stephanie Bell, Johny Chaklader, Sylvia Chen, Shane Devins, Laura El-Sabaawi, Jeffrey Frank, Cynthia Galvez, Geoffrey Goodale, Derick Holt, Bernd Janzen
International Trade, Stephanie Bell, Johny Chaklader, Sylvia Chen, Shane Devins, Laura El-Sabaawi, Jeffrey Frank, Cynthia Galvez, Geoffrey Goodale, Derick Holt, Bernd Janzen
The International Lawyer
No abstract provided.
The Foreign Corrupt Practices Act: Imposing An American Definition Of Corruption On Global Markets, Mateo J. De La Torre
The Foreign Corrupt Practices Act: Imposing An American Definition Of Corruption On Global Markets, Mateo J. De La Torre
Cornell Law Library Prize for Exemplary Student Research Papers
Mateo de la Torre’s research had an international focus in examining the cross-cultural implications of Foreign Corrupt Practices Act (FCPA).
de la Torre’s research required a comparative analysis of foreign laws that are similar to the United States’ FCPA and included statutes, legislative histories, and commentary from Brazil, Japan, and the United Kingdom. He also consulted extensively with several members of the Cornell Law faculty. de la Torre’s findings provided the basis for his examination of the FCPA’s impact on nondomestic actors and markets, arguing that the United States’ aggressive stance belies the Act’s original purpose. He then presented frameworks …
Trips-Plus, Public Health And Performance-Based Rewards Schemes Options And Supplements For Policy Formation In Developing And Least Developed Countries, Mohammed K. El-Said
Trips-Plus, Public Health And Performance-Based Rewards Schemes Options And Supplements For Policy Formation In Developing And Least Developed Countries, Mohammed K. El-Said
American University International Law Review
No abstract provided.
Food Speculation: Between Virtual . . . And Reality, Alexandra Esmel
Food Speculation: Between Virtual . . . And Reality, Alexandra Esmel
American University International Law Review
No abstract provided.
Promotion Of Green Electricity And International Dispute Settlement: Trade And Investment Issues, Sherzod Shadikhodjaev
Promotion Of Green Electricity And International Dispute Settlement: Trade And Investment Issues, Sherzod Shadikhodjaev
The International Lawyer
The issue of greater utilization of renewables in energy supply-mix has become a priority environmental agenda in many countries. Feed-in incentives, quota schemes, public tenders and net metering are common support programmes that are designed to encourage the production and consumption of electricity generated from renewable energy sources. Promotion policies of this kind have provoked a number of international disputes at both global and regional levels. This article examines disputes brought to the World Trade Organization (WTO), the Court of Justice of the European Union (“Court of Justice”) and investor-state tribunals, and explores some intersectional implications and comparisons for the …