International Trade Law Commons^™

The Trade Origins Of Privacy Law, Anupam Chander

Georgetown Law Faculty Publications and Other Works

The desire for trade propelled the growth of data privacy law across the world. Countries with strong privacy laws sought to ensure that their citizens’ privacy would not be compromised when their data traveled to other countries. Even before this vaunted Brussels Effect pushed privacy law across the world through the enticement of trade with the European Union, Brussels had to erect privacy law within the Union itself. And as the Union itself expanded, privacy law was a critical condition for accession.

But this coupling of privacy and trade leaves a puzzle: how did the U.S. avoid a comprehensive privacy …

Two Decades Of Trips In China, Peter K. Yu

Faculty Scholarship

This chapter reviews China’s engagement with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) in the past twenty years. It begins by highlighting TRIPS-related developments in the first decade of China’s WTO membership. The chapter then discusses the country’s ‘innovative turn’ in the mid-2000s and the ramifications of its changing policy positions. This chapter continues to examine the US-China trade war, in particular the second TRIPS complaint that the United States filed against China in March 2018. It concludes with observations about the impact of the TRIPS Agreement on China, China’s impact on that agreement and how the …

A Canadian Perspective On Fifty Years Of International Economic Law, J. Anthony Van Duzer

Dalhousie Law Journal

In 1970, “international economic law” (IEL) was not a distinct academic subject. Fifty years later, IEL has become an important and well-recognized field of legal enquiry, though its boundaries remain unclear. Globalization of trade and investment activity and the concomitant proliferation of trade and investment treaties over the last 50 years have been key drivers of academic interest in IEL and its transformation. The impacts of trade and investment on the protection of the environment and health, Indigenous, labour, and human rights, development, and other policy priorities have become significant subjects of academic discourse and are increasingly addressed in trade …

Toothless Trade? Implications Of The Federal Circuit’S Clearcorrect Decision For The Enforceability Of Intellectual Property Protections In Digital Trade Under Usmca, Alissa Chase

Catholic University Law Review

Digital trade is growing faster than trade in goods and services and comprises a key area for innovation and intellectual property concerns. The United States-Mexico-Canada Agreement (“USMCA”) acknowledged this development by including chapters devoted to both digital trade and intellectual property. In 2015, the Federal Circuit held that the International Trade Commission (“ITC”) does not have jurisdiction over unfairly traded digital goods. Without exclusion orders issued by the ITC, the United States lacks a powerful tool to enforce the USMCA provisions protecting intellectual property in unfairly traded digital goods. This comment explores the implications of the Federal Circuit’s 2015 ClearCorrect …

Public Ownership And The Wto In A Post-Covid-19 Era: From Trade Disputes To A 'Social' Function, Paolo Davide Farah, Davide Zoppolato

West Virginia Law Review

No abstract provided.

Analysis Of The Relationship Between International Trade And Economic Growth Of Jordan, Mohammed Ali Salem Shubeilat

World Maritime University Dissertations

No abstract provided.

Cambodia's Law On Secured Transaction, Timothy J. Holzer, Pho Sotheaphal

Akron Law Review

Cambodian law permits the taking of and the perfecting of a security interest in movables (e.g., goods) and in intangibles (e.g., legally enforceable rights, such as contracts and rights in property.) Cambodia’s system is strongly patterned after Article 9 of the Uniform Commercial Code as developed in the United States. Perfection (i.e. notice to third parties that a security interest exists) is usually effected by the filing of a notice at the Secured Transactions Filing Office (the “STFO”) of the Ministry of Commerce, although sometimes physical possession may be required. However, conflicting or ambiguous provisions in other Cambodian laws may …

European Union Food Law Update, Nicole Coutrelis

Journal of Food Law & Policy

The purpose of this update is to present the main events that have taken place each six months in the food law sector in the European Union (E.U.). This presentation will cover June through December 2004, but is not exhaustive. This update will not include detailed discussions of regulations, such as authorizations of new additives for animal feed or registrations of new geographic names. Instead it will concentrate on fundamental topics and focus on food, which excludes from our scope questions regarding the management of agricultural products (Common Agricultural Policy, or CAP). However, some questions which legally pertain to the …

Wto Reform: A China Round, Henry S. Gao

Research Collection Yong Pung How School Of Law

Since its accession to the World Trade Organization (WTO), China's exports have been growing exponentially. In 2009, China became the world's top goods exporter. Four years later, China unseated the United States as the top trading nation in the world. In contrast to the burgeoning Chinese economy, the United States and Europe have been suffering from economic decline since the global financial crisis in 2008. China regards its rise as a long overdue restoration of its rightful position, as it has been the largest economy in the world for most of its history, except the brief aberration over the past …

Liberalization Of World Trade Agreements And Their Impact On The Legal System Of International Contracts, Bin Ahmed, Al-Haj

UAEU Law Journal

In the contemporary period, international trade is based on two ideas: the first is that the market transcends country boundaries and thus can build a spontaneous law and supranational legal rules; the second concerns the State, which has no jurisdiction to impose its legal system on commercial relations.

So there is a phenomenon of legal pluralism, a state of legal order and as a spontaneous supranational legal order, which finds its source in commercial practices, arbitrations, and model contracts.

Globalization of trade has provided very important interests of economic operators, alos, it threatens the sovereignty of the State and its …

Facilitating Investment Through Iias: The Case Of The Regional Comprehensive Economic Partnership Agreement, Stefanie Schacherer

Research Collection Yong Pung How School Of Law

As many recently concluded IIAs, the RCEP agreement includes provisions on investment facilitation. Following ASEAN’s “built-in work program” approach, the agreement provides flexibility for RCEP parties to further implement investment facilitation measures. Such flexibility can arguably be an opportunity to set a collaborative framework for investment facilitation in the region.

Three Essays On International Trade Policies, Xin Yi

Dissertations and Theses Collection (Open Access)

This dissertation studies the empirical and quantitative implications of trade policies. The first chapter examines the effects of trade policies on quality specialization across cities within a country. Specifically, we complement the quality specialization literature in international trade and study how larger cities within a country produce goods with higher quality. We first establish three stylized facts on how product quality is related to agglomeration, firm productivity, and worker skills. We then rationalize these facts in a spatial equilibrium model where all the elements mentioned above are present and firms are free to choose their locations. Using firm-level data from …

The More Things Change, The More They Stay The Same: The United States, Trade Sanctions, And International Blocking Acts, Meaghan Jennison

Catholic University Law Review

When the United States unilaterally withdrew from the Joint Comprehensive Plan of Action (“JCPOA,” colloquially known as the Iran Nuclear Deal) in May of 2018, that withdrawal signaled not only the United States withdrawal from that deal, of which it had been one of the chief negotiators, but also of a new level of trade engagement by the United States and the Trump Administration within the international community. European countries, in an attempt to continue existing business relationships with the Iranians, pulled an old tool from their toolbox – the blocking statute – to attempt to allow European and multinational …

Dismantling The Wto: The United States’ Battle Against World Trade, Aaron Seals

University of Miami Business Law Review

No abstract provided.

One Nation Under Trump: More Power To Him?, Jessica Hernandez

University of Miami Business Law Review

This note examines the following question: to what extent has the Trump administration heralded an expansion of presidential trade powers with respect to Section 232 of the Trade Expansion Act of 1962? It proceeds by first providing an overview of the Trade Expansion Act of 1962. It then looks at the Section 232 investigations which (a) preceded Trump’s assumption of office and (b) resulted in presidential trade action. After reviewing the aforementioned investigations, this note examines the Section 232 investigations initiated under the Trump administration. Attention is paid to how the Trump administration has defined ‘national security’ more broadly. The …

Why Ricardo's Theory Of Comparative Advantage Regarding Foreign Trade Doesn't Work In Today's Global Economy, Charles W. Murdock

Faculty Publications & Other Works

The theoretical basis for international trade is Ricardo’s theory of comparative advantage. Paul Samuelson, one of the leading lights in the economics profession in the 20th century, referred to it as one of the most beautiful ideas in economics. Yet, no one seems to have considered its validity in the context of the current global trade environment.

What free-trade advocates have not done is to look at the bases underlying Ricardo’s theory, namely, that capital is loyal to the country of origin and that the value of currencies is responsive to imbalances in trade. This article demonstrates that capital is …

Misaligned Lawmaking, Timothy Meyer

Faculty Scholarship

This Article makes three contributions. First, it introduces the Misalignment Thesis in the context of U.S. trade policy. The Misalignment Thesis is a descriptive claim about how the structure of a legislative bargain influences the long-term stability and effectiveness of that bargain. Second, the Article introduces the normative corollary to the Misalignment Thesis: if political stability hinges on respecting the legislative bargain, interdependent policies should be subject to renegotiation on the same timeline and implementation on the same terms. In light of this prescription, I offer three concrete proposals for aligning trade liberalization and trade adjustment assistance in order to …

The Digital Challenge To International Trade Law, Wentong Zheng

UF Law Faculty Publications

The rise of the Internet and so-called digital trade has significantly transformed international trade. International trade law, however, has lagged behind in regulating the phenomenon. Decades-long negotiations at the World Trade Organization (WTO) over digital trade have largely stalled, while efforts to deal with the issue at the bilateral and regional levels have resulted in inconsistent and fragmented rules. This article discusses the challenges posed by digital trade to international trade law and the best ways to meet those challenges. It contributes to the discourse on digital trade by advocating for a back-to-basics approach. It argues that instead of undertaking …

Trade And The Separation Of Powers, Timothy Meyer, Ganesh Sitaraman

Ganesh Sitaraman

There are two paradigms through which to view trade law and policy within the American constitutional system. One paradigm sees trade law and policy as quintessentially about domestic economic policy. Institutionally, under the domestic economics paradigm, trade law falls within the province of Congress, which has legion Article I authorities over commercial matters. The second paradigm sees trade law as fundamentally about America’s relationship with foreign countries. Institutionally, under the foreign affairs paradigm, trade law is the province of the President, who speaks for the United States in foreign affairs. While both paradigms have operated throughout American history, the domestic …

Building A Market Economy Through Wto-Inspired Reform Of State-Owned Enterprises In China, Weihuan Zhou, Henry S. Gao, Xue Bai

Research Collection Yong Pung How School Of Law

This paper responds to the widespread view that existing WTO rules are insufficient in dealing with China’s state capitalism, which has been further emboldened by its latest rounds of state-owned enterprise (“SOE”) reforms. Through a careful review of WTO agreements and jurisprudence, the paper argues that, we do not necessarily need new rules, because the unique challenges created by China’s state capitalism can be sufficiently dealt with by the WTO’s existing rules on subsidies coupled with the China-specific obligations. Thus, a more realistic approach would be to push China back to the path of market-oriented reforms through WTO litigation based …

The Jekyll And Hyde Story Of International Trade: The Supreme Court In Phrma V. Walsh And The Trips Agreement, Srividhya Ragavan

Srividhya Ragavan

No abstract provided.

Super Unleaded Malbec? A Case Study In Flawed International Standard Setting At The Codex Alimentarius, Justin Schwegel

Journal of Food Law & Policy

The World Trade Organization’s (WTO) Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) provides rules on the adoption and enforcement of SPS measures. It also presumes that food safety regulations adopted by WTO Members that conform to relevant international standards are consistent with the SPS Agreement. The relevant international standard setting body for food safety is the Codex Alimentarius Commission, which conducts most of its food safety risk management work through subsidiary bodies such as the Codex Committee on Contaminants in Food (CCCF). CCCF establishes maximum limits for food contaminants and codes of practice for reducing food …

How The United States Stopped Being A Pirate Nation And Learned To Love International Copyright, John A. Rothchild

Pace Law Review

From the time of the first federal copyright law in 1790 until enactment of the International Copyright Act in 1891, U.S. copyright law did not apply to works by authors who were not citizens or residents of the United States. U.S. publishers took advantage of this lacuna in the law, and the demand among American readers for books by popular British authors, by reprinting the books of these authors without their authorization and without paying a negotiated royalty to them.

This Article tells the story of how proponents of extending copyright protections to foreign authors—called international copyright—finally succeeded after more …

Symposium On "International Trade In The Trump Era", Padideh Ala'i

Presentations

Speaker, Symposium on International Trade in the Trump Era, Yale Law School (February 22, 2019) Symposium: International Trade in the Trump EraPanel I: The WTO and the Future of Dispute Settlement in International TradePresented Paper: The Vital Role of the WTO Appellate Body in the Promotion of Rule of Law and International Cooperation: A Case Study

Global Standards For Securities Holding Infrastructures: A Soft Law/Fintech Model For Reform, Charles W. Mooney Jr.

All Faculty Scholarship

Intermediaries such as stockbrokers and banks are ubiquitous in global securities markets, playing essential roles in markets, including trading, settling trades, and post-settlement holding of securities. This essay focuses in particular on the roles of intermediaries in securities holding systems. It proposes an IOSCO-led “soft-law-to-hard-law” approach to the development of Global Standards for reforms to these holding systems. States would be expected to adopt “hard law” reforms through statutory and regulatory adjustments to securities holding systems. The reforms would embrace not only important standards of a functional and regulatory nature, but also holistic standards relating to the private law, insolvency …

Lawyers Should Keep Their Eyes On Cuba Sanctions Cases, Peter B. Rutledge, Katherine M. Larsen, Miles S. Porter

Popular Media

A dramatic change in the executive branch position on Cuban sanctions recently led to a wave of litigation in the federal courts and could have broad implications for entities that conduct business in or with Cuba. In April, Secretary of State Mike Pompeo announced that Title III of the Helms-Burton Act would no longer be suspended, thereby allowing U.S. nationals to file lawsuits against any individual or entity that “traffics” in property expropriated by the Cuban government.

Using The Wto To Facilitate The Paris Agreement: A Tripartite Approach, Antonia Eliason

Vanderbilt Journal of Transnational Law

Climate change is the greatest threat humanity has faced, and its challenges can only be addressed through multilateral means. Lacking in accountability and enforcement mechanisms, however, the Paris Agreement requires additional support to achieve its full effect. Although not perfectly aligned with the goals of the Paris Agreement, the WTO's multilateral framework could provide the necessary flexibilities to work toward meeting the Paris Agreement's targets. This Article proposes a novel three-pronged approach for refocusing the multilateral trading system and facilitating the Paris Agreement.

First, the preamble to the Agreement Establishing the World Trade Organization explicitly recognizes sustainable development as a …

The Law And Politics Of Socially Inclusive Trade, Timothy Meyer

Vanderbilt Law School Faculty Publications

American ambivalence toward international institutions is nothing new. In his farewell address, George Washington famously warned against foreign entanglements. After World War I, the U.S. Senate rejected the Treaty of Versailles, leaving the United States outside the formal post-war order it helped establish and neutering the new League of Nations. Throughout the late twentieth century, the United States refused to ratify multilateral agreements ranging from the Vienna Convention on the Law of Treaties, to the UN Convention on the Law of the Sea, to a host of human rights agreements. Nor did the dawn of the twenty-first century change the …

Trade And The Separation Of Powers, Timothy Meyer, Ganesh Sitaraman

Faculty Scholarship

There are two paradigms through which to view trade law and policy within the American constitutional system. One paradigm sees trade law and policy as quintessentially about domestic economic policy. Institutionally, under the domestic economics paradigm, trade law falls within the province of Congress, which has legion Article I powers over commercial matters. The second paradigm sees trade law as fundamentally about America’s relationship with foreign countries. Institutionally, under the foreign affairs paradigm, trade law is the province of the President, who speaks for the United States in foreign affairs. While both paradigms have operated throughout American history, the domestic …

Trade And The Separation Of Powers, Timothy Meyer, Ganesh Sitaraman

Vanderbilt Law School Faculty Publications

There are two paradigms through which to view trade law and policy within the American constitutional system. One paradigm sees trade law and policy as quintessentially about domestic economic policy. Institutionally, under the domestic economics paradigm, trade law falls within the province of Congress, which has legion Article I authorities over commercial matters. The second paradigm sees trade law as fundamentally about America’s relationship with foreign countries. Institutionally, under the foreign affairs paradigm, trade law is the province of the President, who speaks for the United States in foreign affairs. While both paradigms have operated throughout American history, the domestic …