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International Trade Law Commons

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Articles 1 - 5 of 5

Full-Text Articles in International Trade Law

Teoría General De La Prueba Judicial, Edward Ivan Cueva Jan 2002

Teoría General De La Prueba Judicial, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.


A Digital Free Trade Zone And Necessarily-Regulated Self-Governance For Electronic Commerce: The World Trade Organization, International Law, And Classical Liberalism In Cyberspace, 20 J. Marshall J. Computer & Info. L. 595 (2002), Kristi L. Bergemann Jan 2002

A Digital Free Trade Zone And Necessarily-Regulated Self-Governance For Electronic Commerce: The World Trade Organization, International Law, And Classical Liberalism In Cyberspace, 20 J. Marshall J. Computer & Info. L. 595 (2002), Kristi L. Bergemann

UIC John Marshall Journal of Information Technology & Privacy Law

In the absence of a world government, cross border trade is always subject to rules that must be politically negotiated among nations that are sovereign in their own realm but not outside their borders. The author explores the development of an international trade and e-commerce paradigm in two main phases as the Internet superhighway bridges nations together. She argues that the construction of an international trading framework must strike the appropriate balance between institutional order and norms and the human and business realities of free trade and democracy. She further argues that the balance can be achieved by creating an …


The Internationalization Of Intellectual Property: New Challenges From The Very Old And The Very New, Daniel J. Gervais Jan 2002

The Internationalization Of Intellectual Property: New Challenges From The Very Old And The Very New, Daniel J. Gervais

Vanderbilt Law School Faculty Publications

Intellectual property concepts embodied in international treaties and national laws date back to the eighteenth century. Many fundamental concepts (originality in copyright law; confusion in trademark law; novelty or inventiveness in patent law) vary from one country's national legislation to another. Yet, many critics of the intellectual property system recognize that solutions to the problems, ranging from database protection to the Internet, should ideally be the same worldwide. In today's globalized economy, it makes sense to adopt rules to protect that take account of the laws and practices of other nations and of the work of international organizations. Protecting only …


Emerging Issues In Electronic Contracting, Technical Standards And Law Reform, Jane K. Winn Jan 2002

Emerging Issues In Electronic Contracting, Technical Standards And Law Reform, Jane K. Winn

Articles

The explosive growth of electronic commerce transactions in recent years has added fuel to efforts to harmonize international commercial law. Organizations such as the International Institute for the Unification of Private Law (UNIDROIT), the United Nations Commission on International Trade Law (UNCITRAL) and the Hague Conference on Private International Law are all participating in an emerging global debate concerning the changes that should be made to the form or substance of international commercial law to accommodate innovation in the technology of international trade.

Many of the important legal issues raised by cross-border electronic commerce in the 1970s and 1980s have …


Chinese Business And The Internet: The Infrastructure For Trust, Timothy L. Fort, Liu Junhai Jan 2002

Chinese Business And The Internet: The Infrastructure For Trust, Timothy L. Fort, Liu Junhai

Vanderbilt Journal of Transnational Law

Although the Internet and E-commerce revolutions have clearly taken hold in the United States and Europe, the Chinese culture has been slow to adopt the Internet as a marketplace. The Authors cite a lack of trust on the part of both potential consumers and potential merchants as the primary obstacle to a robust Chinese E-commerce community. To remedy this lack of trust, the Article proposes the nation seek a middle way between reforms guided by Western rule of law and Eastern rule of ethics, thus incorporating effective regulatory strategies and the philosophical resources already within the Chinese cultural consciousness. The …