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Articles 1 - 30 of 302
Full-Text Articles in International Trade Law
Iran Sanctions Relief: Status & Prospects, Perry S. Bechky
Iran Sanctions Relief: Status & Prospects, Perry S. Bechky
Perry S. Bechky
This talk, given to a European trade association, describes the sanctions relief given by the US Government to Iran as part of the nuclear deal known as the Joint Comprehensive Plan of Action (JCPOA). It places this sanctions relief in historical context and flags the significance of ongoing sanctions for both US and non-US businesses. Finally, it urges businesses doing or contemplating business with Iran to anticipate, manage, and allocate risks. (Powerpoint slides)
The Quest For A New Generation Of Labor Chapter In The Ttip, Michele Faioli
The Quest For A New Generation Of Labor Chapter In The Ttip, Michele Faioli
Michele Faioli
The TTIP (Transatlantic Trade and Investment Partnership Agreement) may be key for the EU-US forthcoming vision of labor and industrial relations. More in general, it may be key for idea of a possible common Western labor legal system. The TTIP may be turned into a occasion to ground a new generation of labor chapters in investment/partnership treaties. In line with preliminary outputs, a practical proposal is introduced. This essay is also aimed at analyzing, under a critical legal approach, why, to what extent and how the TTIP labor chapter may be set up. By means of a de-constructive method in …
El Interés Público Y Los Acuerdos De Inversión: Un Gran Reto Para El Atp, William Schubert, Andrea Ernst
El Interés Público Y Los Acuerdos De Inversión: Un Gran Reto Para El Atp, William Schubert, Andrea Ernst
William Schubert
Ésta columa argumenta que las negociaciones del Acuerdo Tras-Pacifico son una buena oportunidad para reconocer el rol del interés público en un acuerdo multilateral de inversión.
International Trade V. Intellectual Property Lawyers: Globalization And The Brazilian Legal Profession, Vitor M. Dias
International Trade V. Intellectual Property Lawyers: Globalization And The Brazilian Legal Profession, Vitor M. Dias
Vitor M. Dias
No abstract provided.
Avenues To Foreign Investment In China’S Shipping Industry—Have Lease Financing Arrangements And The Free Trade Zones Opened Markets For Foreign Non-Bank Investment?, Rick Beaumont
Rick Beaumont
No abstract provided.
Deliberative Engagement Within The World Trade Organization: A Functional Substitute For Authoritative Interpretations, Cosette D. Creamer, Zuzann Godzimirska
Deliberative Engagement Within The World Trade Organization: A Functional Substitute For Authoritative Interpretations, Cosette D. Creamer, Zuzann Godzimirska
Cosette D Creamer
The transition from the General Agreement on Tariffs and Trade dispute settlement proceedings to the Dispute Settlement Mechanism (DSM) of the World Trade Organization represented a notable instance of judicialization within international economic governance, in that it significantly increased the independence of the DSM from direct government control. Since they began ruling on trade conflicts in 1995, the WTO’s adjudicative bodies have enjoyed a greater degree of interpretive autonomy than initially intended by states parties. This development largely stems from deadlock within the political organs of the Organization resulting in non-use of one of the primary means of legislative response—authoritative …
Avenues To Foreign Investment In China’S Shipping Industry—Have Lease Financing Arrangements And The Free Trade Zones Opened Markets For Foreign Non-Bank Investment?, Rick Beaumont
Rick Beaumont
No abstract provided.
A Supplementary Submission On The Commonwealth's Treaty-Making Process, Matthew Rimmer
A Supplementary Submission On The Commonwealth's Treaty-Making Process, Matthew Rimmer
Matthew Rimmer
This supplementary submission highlights two new developments, which have arisen since the initial submission. First, it considers the publication of the draft Investment Chapter of the Trans-Pacific Partnership (TPP) by WikiLeaks. Second, it looks at the introduction of the fast-track trade promotion authority bill, the Bipartisan Congressional Priorities and Accountability Act of 2015, into the United States Congress. The two topics have been inter-linked to a certain extent.
The World’S Laboratory: China’S Patent Boom, It Standards And The Implications For The Global Knowledge, Christopher Mcelwain, Dennis Fernandez
The World’S Laboratory: China’S Patent Boom, It Standards And The Implications For The Global Knowledge, Christopher Mcelwain, Dennis Fernandez
Christopher McElwain
Just as China’s factories disrupted the economics of IT hardware, its research labs have the potential to disrupt the economics of the technology itself. In 2014, China’s patent office received nearly 2.4 million patent applications, 93% from domestic applicants. China has also climbed to third place in terms of international applications, with over 21,000 WIPO PCT applications. Meanwhile, China has taken an assertive role in setting technology standards, both at the national and international levels. In the past, this has included developing and promoting alternatives to important IT standards as a means of challenging perceived monopolies by certain (foreign-dominated) technologies. …
Shared Responsibility Regulation Model For Cross-Border Reproductive Transactions, Sharon Bassan
Shared Responsibility Regulation Model For Cross-Border Reproductive Transactions, Sharon Bassan
Sharon Bassan
The term “cross-border reproductive transactions” refers to the phenomenon of tens of thousands of people who travel from one country to another to purchase reproductive services, in order to have a child. The foci of this paper are the lion share of cross-border reproductive transactions, specifically between consumers, i.e., intended parents from affluent countries, and suppliers of reproductive services, egg sellers and surrogate mothers, the majority of whom are from lower middle-income countries. Strong concerns regarding the morality of consumers’ states’ policy arise when a country nationally restricts or bans commercial surrogacy, while accepting the results of cross-border reproductive transactions …
The Commonwealth's Treaty-Making Process, Matthew Rimmer
The Commonwealth's Treaty-Making Process, Matthew Rimmer
Matthew Rimmer
Considering both the situation in Australia and the United States, the Commonwealth’s Treaty-Making Process is broken. There have been significant problems in respect of transparency, public participation, empirical analysis, and parliamentary oversight. In addition, there has been a concern that the Commonwealth’s Treaty-Making Process has failed to adequately address matters of fair trade. In particular, there is a need to engage a comprehensive assessment of the impacts of international agreements upon the environment, public health, labor rights, and human rights. Such problems have been particularly pronounced during the negotiations over the regional trade agreement, the Trans-Pacific Partnership. Having participated in …
The Implications Of The Icsid Convention, The Resurrection Of The ‘International Minimum Standard’ And The Theory Of Internationalization Of State Contracts In Investment Treaty Arbitration., Felix O. Okpe
Felix O. Okpe
No abstract provided.
Rescuing Arbitration In The Developing World: The Extraordinary Case Of Georgia, Steven Austermiller
Rescuing Arbitration In The Developing World: The Extraordinary Case Of Georgia, Steven Austermiller
Steven Austermiller
The country of Georgia has a long and interesting history with arbitration. From “telephone justice” to the criminal underworld to legitimacy, Georgian arbitration has survived many iterations. Now, as Georgia begins the EU accession process, it has a new arbitration law that incorporates international norms. This article analyzes the law, explores how arbitration has been implemented thus far, and discusses some of the challenges that remain. Drawing on his U.S. practice experience in arbitration and his work managing legal reform programs in Georgia and other countries, the author recommends some important changes to Georgia’s new arbitration regime. A particular area …
Law, Fugitive Capital, And Karl Polanyi's The Great Transformation, Walter J. Kendall Lll
Law, Fugitive Capital, And Karl Polanyi's The Great Transformation, Walter J. Kendall Lll
Walter J. Kendall lll
No abstract provided.
Insurance Agent Who Provided Carrier's Valuation And Two Competing Quotes Did Not Counsel The Insured And Create A Special Relationship, Mohamad Ali Ali Yousefkhani Mr
Insurance Agent Who Provided Carrier's Valuation And Two Competing Quotes Did Not Counsel The Insured And Create A Special Relationship, Mohamad Ali Ali Yousefkhani Mr
Mohamad Ali Ali Yousefkhani
No abstract provided.
Capturing The Transplant: U.S. Antitrust Law In The Eu, Silvia Beltrametti
Capturing The Transplant: U.S. Antitrust Law In The Eu, Silvia Beltrametti
Silvia Beltrametti
The scholarly literature on the movement of legal norms focuses almost exclusively on transfers from one jurisdiction to another. It largely ignores transfers into new regulatory regimes. Drawing on a case study of the transplantation of U.S. antitrust law into the nascent entity that was to become the European Community, and analyzing its evolution from a public choice perspective, this Article suggests that transfers into new regulatory regimes are more likely to be effective when the lack of established institutions creates opportunities for stakeholders. The endorsement of a new law will enable stakeholders to influence its application and to capture …
The Club Approach To Multilateral Trade Lawmaking, Nicolas Lamp
The Club Approach To Multilateral Trade Lawmaking, Nicolas Lamp
Nicolas Lamp
The World Trade Organization (WTO) stands at the center of an emerging world of global economic governance. Its rules affect important aspects of all our lives – how much we pay for the products that we purchase, what types of employment are open to us, and which medicines we can access. And yet, while the WTO was conceived as a “negotiating machine” that would develop rules in sync with an increasingly dynamic global economy, negotiations on a new set of global trade rules have now been deadlocked for over a decade. This impasse is all the more surprising in light …
Sustainable Cybersecurity: Applying Lessons From The Green Movement To Managing Cyber Attacks, Scott J. Shackelford, Tim Fort
Sustainable Cybersecurity: Applying Lessons From The Green Movement To Managing Cyber Attacks, Scott J. Shackelford, Tim Fort
Scott Shackelford
According to Frank Montoya, the U.S. National Counterintelligence Chief, “We’re an information-based society now. Information is everything. That makes . . . company executives, the front line – not the support mechanism, the front line – in [determining] what comes.”[1] Chief Montoya’s remarks underscore the central role played by the private sector in ongoing efforts aimed at enhancing cybersecurity, much like the increasingly vital role firms are playing in fostering sustainability. For example, according to Accenture surveys, the number of managers who consider sustainability to be critical to the future success of their organizations jumped from fifty to more …
Shipping Documnts In C.I.F And F.O.B Contracts, Jackson Katabaro
Shipping Documnts In C.I.F And F.O.B Contracts, Jackson Katabaro
Jackson Katabaro
This Lecture paper explores in succinct the obligations of seller and buyer under C.I.F and F.O.B contracts and further the focus will be on the legal perspective and the roles of the shipping documents in C.I.F. and F.O.B contracts.
China’S Trade Negotiation Strategies: Matters Of Growth And Regional Economic Integration, Xiaoming Pan
China’S Trade Negotiation Strategies: Matters Of Growth And Regional Economic Integration, Xiaoming Pan
Xiaoming Pan
No abstract provided.
International Exchange And Trade In Cultural Objects, Ana Filipa Vrdoljak
International Exchange And Trade In Cultural Objects, Ana Filipa Vrdoljak
Ana Filipa Vrdoljak
The legal protection of movable cultural heritage at the international level has been defined by a perennial tug-of-war between forces promoting international exchange and those seeking regulation of the transfer of the cultural objects. Shifts over the last century in how the balance between these twin aims is achieved reflect changes in the composition of Member States of intergovernmental organizations and their corresponding changing priorities. In the early twentieth century, the balance fostered under the League of Nations favored a cosmopolitan view promoting the circulation and interchange of cultural material to further knowledge and mutual understanding between peoples. The balance …
Globalization And Foreign Policy In The Us, Rachele M. Hendricks
Globalization And Foreign Policy In The Us, Rachele M. Hendricks
Rachele M Hendricks-Sturrup
Globalization is a recent economic phenomenon that directly influences individuals’ freedom, opportunity and resources needed to freely move across the world to engage in and profit from transnational commerce. Several legal scholars and analysts have focused heavily on the costs and benefits of globalization. A number of its lauded benefits include decreased global poverty, increased political cooperation, cultural familiarity, war prevention, standard setting for human civil rights, and the extension of personal financial freedom across the world versus being concentrated mainly in developed nations. On the other side of the globalization coin however, a great deal of concerns have escalated …
‘The Law Works Itself Pure’: The Fragmented Disciplines Of Global Trade And Monetary Cooperation, And The Chinese Currency Problem, Chin Leng Lim
‘The Law Works Itself Pure’: The Fragmented Disciplines Of Global Trade And Monetary Cooperation, And The Chinese Currency Problem, Chin Leng Lim
Chin Leng Lim
This chapter considers the long-standing controversy over the Chinese yuan – the primary unit of account of the renminbi, or RMB, the official currency of the People’s Republic of China. The currency valuation interventions of the People’s Bank of China (PBC) have been the subject of international disagreement, not least between the USA and China. Criticism of China in the USA became especially heated during the 2009 to 2012 period, occurring in the aftermath of the global financial and economic crisis and coinciding with the period of the great recession. Other countries, such as Brazil, also drew critical attention to …
From Kafka To Kafta: Intellectual Property, And The Korea-Australia Free Trade Agreement, Matthew Rimmer
From Kafka To Kafta: Intellectual Property, And The Korea-Australia Free Trade Agreement, Matthew Rimmer
Matthew Rimmer
The Korea-Australia Free Trade Agreement 2014 (KAFTA) is a Kafkaesque agreement – with its secret texts, speculative claims, and shadowy tribunals. Australia and South Korea have signed a new free trade agreement - the Korea-Australia Free Trade Agreement2014 (KAFTA). Is it a fair trade fairytale? Or is it a dirty deal done dirt cheap? Or somewhere in between? It is hard to tell, given the initial secrecy of the negotiations, and the complexity of the texts of the agreement. There has been much debate in the Australian Parliament over the transparency of the trade agreement; the scope of market access …
The Regulation Of Investment In The Tpp - Towards A Defining International Agreement For The Asia-Pacific Region, Julien Chaisse
The Regulation Of Investment In The Tpp - Towards A Defining International Agreement For The Asia-Pacific Region, Julien Chaisse
Julien Chaisse
The TPP investment chapter resembles in large measure the more recent US IIAs rather than the 1995 text of NAFTA Chapter 11. In a nutshell, the TPP investment chapter does not offer major innovations in terms of treaty drafting. However, the TPP crystallizes most recent innovations since 2001 in terms of NAFTA interpreting notes and also reflects developments in arbitral case-law. The normative quality and geographic scope of the TPP, however, places the agreement among the most detailed and important investment treaties. In this light, it is possible to return to the question raised in the beginning of this chapter …
North America Time For A New Focus, Daniel Cassidy
North America Time For A New Focus, Daniel Cassidy
Daniel Cassidy
The United States, Canada, and Mexico are bound by a shared geography, history, and environment. In the twenty years since the passage of the North American Free Trade Agreement, the continent’s three economies and societies have become deeply intertwined, making relations between the United States and its immediate neighbors more important than ever. In 2005, in conjunction with counterpart organizations in Canada and Mexico, the Council on Foreign Relations published Building a North American Community, which proposed the establishment of a North American economic and security community by 2010, the boundaries of which would be defined by a common external …
Wto Case Law In 2013, Sacerdoti Giorgio, Emily Lydgate, Guendalina C. De Gaspari, Regis Y. Simo, Carlo De Stefano
Wto Case Law In 2013, Sacerdoti Giorgio, Emily Lydgate, Guendalina C. De Gaspari, Regis Y. Simo, Carlo De Stefano
Regis Y. Simo
This is an analytical survey of the WTO case law for 2013.It was a slow year for WTO case law in the sense that the only Appellate Body decisions to appear were the “twin reports” Canada – Renewable Energy and Canada – Feed-In Tariffs, which focus on the same renewable energy measures in the Canadian province of Ontario. In addition, two unappealed Panel Reports on antidumping measures, China – X-Ray Equipment and China – Broiler Products were adopted by the Dispute Settlement Body (DSB) in 2013.
Nuclear Chain Reaction: Why Economic Sanctions Are Not Worth The Public Costs, Nicholas C.W. Wolfe
Nuclear Chain Reaction: Why Economic Sanctions Are Not Worth The Public Costs, Nicholas C.W. Wolfe
Nicholas A Wolfe
International economic sanctions frequently violate human rights in targeted states and rarely achieve their objectives. However, many hail economic sanctions as an important nonviolent tool for coercing and persuading change. In November 2013, the Islamic Republic of Iran negotiated a temporary agreement with major world powers regarding Iran’s nuclear program. The United States’ media and politicians have repeatedly and incorrectly attributed Iran’s willingness to negotiate to the effectiveness of economic sanctions.
Politicians primarily focus on immediate domestic effects and enact sanctions without a thorough understanding of the long-term effects on the United States economy and the public within a targeted …
Governing For The Corporations: History And Analysis Of U.S. Promotion Of Foreign Investment, Michael R. Miller
Governing For The Corporations: History And Analysis Of U.S. Promotion Of Foreign Investment, Michael R. Miller
Michael R Miller
This paper explores and analyzes U.S. government support for foreign investors, especially major oil companies.
Throughout the 20th Century the US government has repeatedly used its international political influence to benefit US corporate activities abroad. The US government and others assumed initially that this was in the larger interests of the United States because US companies would represent and promote the United States’ policy agenda.
However, US corporate activities abroad over the last century seem to indicate this assumption was flawed. In numerous examples, US corporations have either ignored or thwarted the stated interests of the US government. At first …
The Ciudades Modelo Project: Testing The Legality Of Paul Romer’S Charter Cities Concept By Analyzing The Constitutionality Of The Honduran Zones For Employment And Economic Development, Michael R. Miller
Michael R Miller
Over the last several years, the Honduran government has been aggressively advancing a "model cities" project that it argues will provide options for its citizens to escape the extreme violence in their country without migrating to the U.S. The model cities, which are formally called "Zones for Employment and Economic Development" ("ZEDEs"), are purported to be autonomously governed areas that will attract foreign investment and compete for residents by establishing safer communities and better managed institutions governed by the rule of law.
The ZEDEs trace their origin to a concept formulated by development economist Paul Romer, who proposed the idea …