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International Trade Law Commons

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Full-Text Articles in International Trade Law

Uncertainty, Precaution, And Adaptive Management In Wildlife Trade, Annecoos Wiersema Oct 2015

Uncertainty, Precaution, And Adaptive Management In Wildlife Trade, Annecoos Wiersema

Michigan Journal of International Law

Wildlife trade is big business. Legal international trade in just some of the wild animals and plants traded worldwide is estimated at $350 to $530 million per year. The United States is the primary importer of virtually every major taxon of these species, including mammals, reptiles, fish, and plants. When it comes to illegal trade, estimates of its value range from $7 to $23 billion annually, covering wild animals, fish, and timber. This illegal trade fuels organized crime and militia and terrorist groups. In the face of all this pressure, some wild species appear to be traded in sustainable amounts. …


Why International Catch Shares Won't Save Ocean Biodiversity, Holly Doremus Apr 2013

Why International Catch Shares Won't Save Ocean Biodiversity, Holly Doremus

Michigan Journal of Environmental & Administrative Law

Skepticism about the efficacy and efficiency of regulatory approaches has produced a wave of enthusiasm for market-based strategies for dealing with environmental conflicts. In the fisheries context, the most prominent of these strategies is the use of “catch shares,” which assign specific proportions of the total allowable catch to individuals who are then free to trade them with others. Catch shares are now in wide use domestically within many nations, and there are increasing calls for implementation of internationally tradable catch shares. Based on a review of theory, empirical evidence, and two contexts in which catch shares have been proposed, …


Conserving Marine Wildlife Through World Trade Law, Eric A. Bilsky Jan 2009

Conserving Marine Wildlife Through World Trade Law, Eric A. Bilsky

Michigan Journal of International Law

Part I of this Essay marshals the evidence that fisheries around the world are in peril from destructive fishing practices. Part II argues that most fisheries management regimes are ineffective at counteracting the political pressures and economic incentives that lead to unsustainable fishing. Part III makes the case that government subsidies are major enablers of overfishing. The fourth and final Part discusses the continuing efforts to use international trade regulation to eliminate overfishing subsidies and halt the collapse of the world's marine fish populations.


Inordinate Chill: Bits, Non-Nafta Mits, And Host-State Regulatory Freedom- An Indonesian Case Study, Stuart G. Gross Jan 2003

Inordinate Chill: Bits, Non-Nafta Mits, And Host-State Regulatory Freedom- An Indonesian Case Study, Stuart G. Gross

Michigan Journal of International Law

A number of structural factors, which are beyond the immediate scope of this Note, may influence less wealthy countries to cave in to investor threats of arbitration, as Indonesia appears to have done here. However, their hesitancy to fight may also be based, in part, on an inadequate understanding of the applicable law, which allows investors to inordinately influence host-State decisions through threats of arbitration that have little or no chance of success. In regard to the mining companies' threat, this at least appears to be the case. As this Note will demonstrate, the GOI could have likely beaten the …