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Articles 1 - 30 of 34
Full-Text Articles in International Trade Law
Proceedings Of The Third Annual Legal & Policy Issues In The Americas Conference (2002) -- V. The Export Of Medical Supplies And Agriculture Products In Cuba -- D. Cuban Economic Relations, Berta E. Hernández-Truyol
Proceedings Of The Third Annual Legal & Policy Issues In The Americas Conference (2002) -- V. The Export Of Medical Supplies And Agriculture Products In Cuba -- D. Cuban Economic Relations, Berta E. Hernández-Truyol
UF Law Faculty Publications
Proceedings of the Third Annual Legal & Policy Issues in the Americas Conference (2002)
Treaties In Collision: The Biosafety Protocol And The World Trade Organization Agreements, Sabrina Safrin
Treaties In Collision: The Biosafety Protocol And The World Trade Organization Agreements, Sabrina Safrin
Rutgers Law School (Newark) Faculty Papers
In the event of a conflict between the requirements of the Biosafety Protocol, a multilateral agreement governing the trade in genetically modified organisms, and the requirements of the General Agreement on Tariffs and Trade and associated agreements (collectively WTO Agreements), which treaty's requirements prevail? This question lies as the legal heart of the perceived conflict between trade globalization and environmental protection. This issue is particularly timely given the present trade dispute between the United States and European Union over the European Union’s restrictions on the importation of genetically modified agricultural commodities.
In this piece, I analyze the relationship between these …
Foreign Direct Investment In Latin America Overview And Current Status, Reuven S. Avi-Yonah, Martin B. Tittle
Foreign Direct Investment In Latin America Overview And Current Status, Reuven S. Avi-Yonah, Martin B. Tittle
Other Publications
More firms than ever, and in more industries and countries, are expanding abroad through [foreign] direct investment [FDI]. Although FDI in 1980 was equivalent to only 5% of world GDP, by the end of the 1990's, that percentage had more than tripled to 17%. In 1993, the total US dollar value of world FDI was only US$ 200 billion, but by the year 2000, it had risen to US$ 1.3 thousand billion. Developing countries received around 25% of these inflows, mostly in the form of "greenfield" investments, where a new enterprise is essentially created from scratch.
Remedies And Conformity Under The Wto Agreement, Chios Carmody
Remedies And Conformity Under The Wto Agreement, Chios Carmody
Law Publications
No abstract provided.
Treaty Law And Legal Transition Costs, Michael P. Van Alstine
Treaty Law And Legal Transition Costs, Michael P. Van Alstine
Faculty Scholarship
No abstract provided.
“Democratizing” Globalization: Practicing The Policies Of Cultural Inclusion, 10 Cardozo J. Int'l & Comp. L. 217 (2002), Doris E. Long
“Democratizing” Globalization: Practicing The Policies Of Cultural Inclusion, 10 Cardozo J. Int'l & Comp. L. 217 (2002), Doris E. Long
UIC Law Open Access Faculty Scholarship
No abstract provided.
Globalization In Financial Services - What Role For Gats?, Chantal Thomas
Globalization In Financial Services - What Role For Gats?, Chantal Thomas
Cornell Law Faculty Publications
No abstract provided.
Microcredit: Fulfilling Or Belying The Universalist Morality Of Globalizing Markets, Kenneth Anderson
Microcredit: Fulfilling Or Belying The Universalist Morality Of Globalizing Markets, Kenneth Anderson
Articles in Law Reviews & Other Academic Journals
No abstract provided.
(How) Should Trade Agreements Deal With Income Tax Issues?, Joel Slemrod, Reuven S. Avi-Yonah
(How) Should Trade Agreements Deal With Income Tax Issues?, Joel Slemrod, Reuven S. Avi-Yonah
Articles
What is the relationship between the international tax regime, as embodied in bilateral international tax treaties, and multilateral free trade agreements like the General Agreement on Tariffs and Trade (GATr)?' Are their fundamental goals consistent or inconsistent? If they are inconsistent, should the tax treaties or the GATT be changed to remedy the inconsistency? If they are consistent, should the scope of either be expanded to include the other?
Collective Management Of Copyright And Neighboring Rights In Canada: An International Perspective, Daniel J. Gervais
Collective Management Of Copyright And Neighboring Rights In Canada: An International Perspective, Daniel J. Gervais
Vanderbilt Law School Faculty Publications
It is a generally held view that copyright in civil law countries is a child of the French Revolution and should be considered an inalienable right of the author, a human right in other words. In fact, it is enshrined in the Universal Declaration of Human Rights of 1948. Granted, in several cases the economic component of the right is transferred to, e.g., a publisher or a producer, but it remains, at source, a right of the author, the creator of the protected work (or object of a related right). By contrast, one often hears that, in common law jurisdictions, …
International Antitrust At The Crossroads: The End Of Antitrust History Or The Clash Of Competition Policy Civlizations, Antonio F. Perez
International Antitrust At The Crossroads: The End Of Antitrust History Or The Clash Of Competition Policy Civlizations, Antonio F. Perez
Scholarly Articles
This Review will suggest a theoretical explanation for the essentially pragmatic conclusion that the United States should continue to oppose negotiations at the WTO. This explanation has the virtue of drawing on the special quasi-constitutional role of antitrust policy in U.S. history, one that is in fact deeply connected to the political economy of U.S. federalism and which, therefore, leaves less room for U.S. acquiescence in the institutionalization of competition policy at the WTO than does even the pragmatic argument for continued U.S. opposition to multilateral and institutional approaches.
This argument draws on the continuing centrality of federalism as a …
Introduction: Globalization Of Administrative And Regulatory Practice, Charles H. Koch Jr.
Introduction: Globalization Of Administrative And Regulatory Practice, Charles H. Koch Jr.
Faculty Publications
No abstract provided.
It's A Question Of Market Access, Kyle W. Bagwell, Robert W. Staiger, Petros C. Mavroidis
It's A Question Of Market Access, Kyle W. Bagwell, Robert W. Staiger, Petros C. Mavroidis
Faculty Scholarship
In this paper, we argue that market access issues associated with the question of the optimal mandate of the World Trade Organization should be separated from nonmarket access issues. We identify race-to-the-bottom and regulatory-chill concerns as market access issues and suggest that the WTIO should address these concerns. We then describe ways that WTO principles and procedures might be augmented to do so. As for nonmarket access issues, we argue that as a general matter these are best handled outside the WTO, and that, while implicit links might be encouraged, explicit links between the WTO and other labor and environmental …
Corporate And Products Identity In The Post-National Economy: Rethinking U.S. Trade Laws, Lan Cao
Corporate And Products Identity In The Post-National Economy: Rethinking U.S. Trade Laws, Lan Cao
Faculty Publications
In the global economy, a General Motors automobile may involve South Korean assembly; Japanese engines; German design and style engineering; Taiwanese, Singaporean, and Japanese small components; British advertising and marketing; and Irish and Barbadian data processing. What is the country of origin of this product? How should U.S. trade laws evaluate a product's origin, if it is a global composite with research, assembly, processing, and manufacturing performed in different countries? Similarly, corporations have become increasingly global in orientation and operations. Even "national" corporations have lost their territorial ties to the state of their nationality. Through a phenomenon termed "global outsourcing" …
The Internationalization Of Intellectual Property: New Challenges From The Very Old And The Very New, Daniel J. Gervais
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 …
Institutionalizing Inequality: The Wto Agreement On Agriculture, Food Security, And Developing Countries, Carmen G. Gonzalez
Institutionalizing Inequality: The Wto Agreement On Agriculture, Food Security, And Developing Countries, Carmen G. Gonzalez
Faculty Articles
The article examines the food security implications of the WTO Agreement on Agriculture. It places the Agreement in historical context, examines its key provisions, and argues that the Agreement systematically favors industrialized country agricultural producers at the expense of farmers in developing countries. The Agreement enables industrialized countries to continue to subsidize agricultural production and to protect domestic producers from foreign competition while requiring market openness in developing countries. The article evaluates the effect of this imbalance on food security in developing countries, and proposes reforms to provide developing countries with the tools to promote access by all people at …
Trademark Exhaustion In The European Union: Community-Wide Or International?The Saga Continues, Irene Calboli
Trademark Exhaustion In The European Union: Community-Wide Or International?The Saga Continues, Irene Calboli
Research Collection Yong Pung How School Of Law
This Article analyzes the principle of "trademark exhaustion" or "first-sale rule" in the European Union (EU), with particular attention to the language and different interpretations of Article 7(1) of the First Council Directive 89 104 EEC of December 21, 1988. Traditionally, most jurisdictions define the extent of trademark exhaustion as either "national" or "international" exhaustion, depending on whether the rights granted by a mark are considered exhausted only in the domestic territory or also in foreign jurisdictions. Because of its nature as a regional integration of sovereign countries, the EU has historically favored a compromising approach toward the issue, and …
Inter-American System, Claudia Martin
Inter-American System, Claudia Martin
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Toward A Nonzero-Sum Approach To Resolving Global Intellectual Property Disputes: What Can We Learn From Mediators, Business Strategists, And International Relations Theorists, Peter K. Yu
Faculty Scholarship
Countries differ in terms of their levels of wealth, economic structures, technological capabilities, political systems, and cultural tradition. No two countries have the same needs or goals. As a result, policymakers face different political pressures and make different value judgments as to what would best promote the creation and dissemination of intellectual works in their own countries. These uncoordinated judgments eventually result in a conflicting set of intellectual property laws around the world.
As countries become increasingly interdependent in this globalized economy, these conflicting laws create tension and sometimes result in disputes. To minimize differences and prevent conflicts, countries use …
The Economics Of Private Law Harmonization, John Linarelli
The Economics Of Private Law Harmonization, John Linarelli
Scholarly Works
No abstract provided.
Judicial Review And Global Federalism, Charles H. Koch Jr.
Judicial Review And Global Federalism, Charles H. Koch Jr.
Faculty Publications
No abstract provided.
World Trade Organization's Anti-Discrimination Jurisprudence: Free Trade, National Sovereignty, And Environmental Health In The Balance, The , Ari Afilalo, Sheila Foster
World Trade Organization's Anti-Discrimination Jurisprudence: Free Trade, National Sovereignty, And Environmental Health In The Balance, The , Ari Afilalo, Sheila Foster
Faculty Scholarship
A discussion of how the World Trade Organization (WTO) resolves disputes centering on the tension between the free trade commit ment of the General Agreement on the Tariffs and Trade (GATT) and domestic policies regarding such matters as environmental, health, consumer, and labor protection. This article describes this evolving jurisprudential framework and the cases that comprise it, and illustrates how this framework articulates and applies an anti-discrimination norm that pervades the GATT. If properly articulated and applied, we argue, the anti-discrimination jurisprudence of the WTO will foster the trade interests that underlie the GATT up to the point where the …
International Labor Standards In The Wto's New World Order: Towards Development-Based Standard Setting, Carlin Meyer
International Labor Standards In The Wto's New World Order: Towards Development-Based Standard Setting, Carlin Meyer
Articles & Chapters
No abstract provided.
Emerging Issues In Electronic Contracting, Technical Standards And Law Reform, Jane K. Winn
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 …
Black Internationalism: Embracing An Economic Paradigm, Jeffery M. Brown
Black Internationalism: Embracing An Economic Paradigm, Jeffery M. Brown
Journal Publications
The seemingly inexorable march toward a more unified political and economic world order poses strategic and leadership challenges to States, international organizations, and local activists unimaginable a generation ago. Supporters of this process argue that easing international economic regulatory restrictions, creating a more predictable legal order, and liberalizing investment standards will benefit the global economy by rendering financial transactions more efficient, thereby increasing trade and investment opportunities. Globalization poses important conceptual challenges to international law and international trade scholars committed to defending local interests and historically marginalized people against the perceived adverse effects of accelerated global economic expansion. Critics argue …
Regulatory Purpose And 'Like Products' In Article Iii:4 Of The Gatt (With Additional Remarks On Article Ii:2), Donald H. Regan
Regulatory Purpose And 'Like Products' In Article Iii:4 Of The Gatt (With Additional Remarks On Article Ii:2), Donald H. Regan
Articles
In European Communities-Measures Affecting Asbestos and Asbestos-Containing Products (EC-Asbestos) the Appellate Body has told us that (1) in interpreting Article 111:4 of the General Agreement on Tariffs and Trade (GATT), we must take explicit account of the policy in Article 111:1 that measures should not be applied "so as to afford protection to domestic production" [hereafter just "so as to afford protection"]. In Chile--Taxes on Alcoholic Beverages (Chile--Alcohol) the Appellate Body has told us that (2) in deciding whether a measure is applied "so as to afford protection", we must consider "the purposes or objectives of a Member's legislature and …
World Trade, Intellectual Property, And The Global Elites: An Introduction, Peter K. Yu
World Trade, Intellectual Property, And The Global Elites: An Introduction, Peter K. Yu
Faculty Scholarship
Extract:
Traditionally, intellectual property lawmaking is a matter of domestic affairs. Without external interference, governments make value judgments as to what would best promote the creation and dissemination of intellectual works in their own countries. Combined together, these disparate judgments form an intellectual property system that is tailored to the country's level of wealth, economic structure, technological capability, political system, and cultural tradition.
To protect authors and inventors, governments sometimes need to make adjustments to their intellectual property systems in exchange for better protection abroad. In those scenarios, policymakers often evaluate the adjustments carefully to make sure that they correspond …
Perceptions About The Wto Trade Institutions, John H. Jackson
Perceptions About The Wto Trade Institutions, John H. Jackson
Georgetown Law Faculty Publications and Other Works
This article, based on a lecture given at the inauguration ceremony for the new Advisory Centre on WTO Law, describes the broader world trading landscape into which this new Centre emerges. Taking into account the possible implications of the events on September 11, this article provides a brief analysis of the current trade policy climate, asserting the necessity of institutions for the successful functioning of markets. After a short institutional history of the GATT/WTO, the author describes the importance of institutional rules, treaty text, and practice for the success of the WTO and presents the current debate over what the …
Afterword: The Linkage Problem – Comments On Five Texts, John H. Jackson
Afterword: The Linkage Problem – Comments On Five Texts, John H. Jackson
Georgetown Law Faculty Publications and Other Works
The problem of linkage between "non trade" subjects and the World Trade Organization is certainly one of the most pressing and challenging policy puzzles for international economic relations and institutions today. It is extensively and harshly debated by political leaders and diplomats, at both the national and the international levels of discourse, and is one of several issues that derailed the WTO Third Ministerial Conference in Seattle in late 1999. It also posed problems for the Fourth Ministerial Conference in Doha, Qatar, in November of 2001, and it threatens to derail the successful functions of the WTO itself. With the …
Human Rights, Terrorism, And Trade – Remarks By Lori Fisler Damrosch, Lori Fisler Damrosch
Human Rights, Terrorism, And Trade – Remarks By Lori Fisler Damrosch, Lori Fisler Damrosch
Faculty Scholarship
By putting human rights first and terrorism in the middle, I hope to open up questions about linkages among these regimes and whether measures within one regime can advance objectives of the others.