Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Georgia School of Law (37)
- Selected Works (10)
- Penn State Law (9)
- UIC School of Law (5)
- Columbia Law School (4)
-
- Pace University (4)
- American University Washington College of Law (3)
- Southern Methodist University (3)
- Chicago-Kent College of Law (2)
- Cornell University Law School (2)
- Florida A&M University College of Law (2)
- Schulich School of Law, Dalhousie University (2)
- The Catholic University of America, Columbus School of Law (2)
- City University of New York (CUNY) (1)
- Cleveland State University (1)
- Fordham Law School (1)
- Golden Gate University School of Law (1)
- Maurer School of Law: Indiana University (1)
- Pepperdine University (1)
- Seattle University School of Law (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Miami Law School (1)
- University of Michigan Law School (1)
- University of Pennsylvania Carey Law School (1)
- University of Richmond (1)
- Vanderbilt University Law School (1)
- Western University (1)
- Keyword
-
- Law (8)
- GATT (7)
- WTO (7)
- World Trade Organization (6)
- International Monetary Fund (5)
-
- International law (5)
- Climate change (4)
- European Economic Community (4)
- IMF (4)
- International trade (4)
- OECD (4)
- Chief Justice Marshall (3)
- EEC (3)
- European Union (3)
- General Agreement on Tariffs and Trade (3)
- New York Stock Exchange (3)
- Technical Barriers to Trade Agreement (3)
- Trans-Pacific Partnership (3)
- UNCTAD (3)
- United States (3)
- ASEAN (2)
- Agriculture (2)
- Brazil (2)
- Bretton Woods (2)
- COCOM (2)
- COMECON (2)
- Commerce (2)
- Common Market (2)
- Communism (2)
- Customs Union (2)
- Publication
-
- Georgia Journal of International & Comparative Law (36)
- Penn State Journal of Law & International Affairs (9)
- UIC Review of Intellectual Property Law (5)
- Columbia Center on Sustainable Investment Staff Publications (4)
- Frank J. Garcia (3)
-
- The International Lawyer (3)
- All Faculty Scholarship (2)
- American University International Law Review (2)
- Cornell Law Library Prize for Exemplary Student Research Papers (2)
- Pace International Law Review (2)
- American University Business Law Review (1)
- Amy L. Landers (1)
- Annual Survey of International & Comparative Law (1)
- Articles (1)
- Articles, Book Chapters, & Popular Press (1)
- Benjamin Geva (1)
- Catholic University Journal of Law and Technology (1)
- Catholic University Law Review (1)
- Chicago-Kent Law Review (1)
- David A. Wirth (1)
- Dissertations & Theses (1)
- Dissertations, Theses, and Capstone Projects (1)
- Florida A & M University Law Review (1)
- Fordham Law Review (1)
- Global Business Law Review (1)
- Indiana Journal of Constitutional Design (1)
- Journal Publications (1)
- Journal of Intellectual Property Law (1)
- LLM Theses (1)
- Law Publications (1)
- Publication Type
Articles 1 - 30 of 99
Full-Text Articles in International Trade Law
Maintenance Of Value In The General Account And Valuation Of The Sdr In The Special Drawing Account Of The Imf, Robert C. Effros
Maintenance Of Value In The General Account And Valuation Of The Sdr In The Special Drawing Account Of The Imf, Robert C. Effros
Georgia Journal of International & Comparative Law
No abstract provided.
Co-Developing Drugs With Indigenous Communities: Lessons From Peruvian Law And The Ayahuasca Patent Dispute, Daniel S. Sem
Co-Developing Drugs With Indigenous Communities: Lessons From Peruvian Law And The Ayahuasca Patent Dispute, Daniel S. Sem
Richmond Journal of Law & Technology
This paper will examine the issues surrounding the codevelopment of drugs derived from traditional medicines used by indigenous peoples in Amazonia, with a focus on Peru. In particular, this paper will explore what national, regional and international legal structures are in place to protect the interests of indigenous peoples, while at the same time providing medical benefit to the world. This issue is explored in the context of Peruvian, U.S., and international treaties – especially the TRIPS agreement, the Andean Community, sui generis protections, and the US-Peru Trade Promotion Agreement.
Beyond Trade Deals: Charting A Post-Brexit Course For Uk Investment Treaties, Lise Johnson, Lorenzo Cotula
Beyond Trade Deals: Charting A Post-Brexit Course For Uk Investment Treaties, Lise Johnson, Lorenzo Cotula
Columbia Center on Sustainable Investment Staff Publications
The Brexit referendum has raised questions about the future terms of the United Kingdom’s engagement with the world economy. While a debate over the UK’s future approach to trade deals has already begun, a similar discussion has yet to develop on the treaties that govern foreign investment. As this briefing note by Lorenzo Cotula of the International Institute for Environment and Development, and Lise Johnson of CCSI highlights, the stakes are high: ill-designed treaties could leave the UK excessively exposed to legal claims by foreign companies and could fail to address relevant economic, social and environmental challenges. While meaningful negotiations …
U.S. Patent Extraterritoriality Within The International Context, Amy L. Landers
U.S. Patent Extraterritoriality Within The International Context, Amy L. Landers
Amy L. Landers
The United States, Developing Countries And The Issue Of Intra-Enterprise Agreements, Joel Davidow
The United States, Developing Countries And The Issue Of Intra-Enterprise Agreements, Joel Davidow
Georgia Journal of International & Comparative Law
Antitrust issues have become one of the main concern of the world economy community and the United Nations. For many years, the United Nations Conference on Trade and Development has multiplied the meetings to discuss the relationship between transnational enterprises and international investment and has engaged in reflections on methods to avoid a decline in international investment. However, these meetings failed to resolve the fundamental issue of the impact of international antitrust principles on restrictive arrangements between a foreign parent corporation and its local subsidiary, particularly where that subsidiary is in a developing country. If applied, multinational enterprises would be …
Rethinking Article 422: A Retrospective On Ecuador's 2008 Constitutional Isds Recalibration, Alexander B. Avtgis
Rethinking Article 422: A Retrospective On Ecuador's 2008 Constitutional Isds Recalibration, Alexander B. Avtgis
Indiana Journal of Constitutional Design
Is Ecuador’s adoption of Article 422 in the 2008 Constitution properly viewed as a “re-statification”1 of Investor State Dispute Settlement (ISDS)? And, since its implementation, has the constitutional article been effective in institutionally insulating Ecuador from the jurisdictional reach of international ISDS? This paper answers both questions in the negative—but qualifies such an outlook by balancing the drawbacks of Article 422 against its successes. Article 422’s provisions, strident in its attempt to create an alternative development vision, did not achieve all that the Constitution’s drafters had hoped. Nevertheless, in its limited effect of detaching Ecuador from certain ISDS fora, it …
International Investment Agreements: Impacts On Climate Change Policies In India, China And Beyond, Lise Johnson, Brooke Güven
International Investment Agreements: Impacts On Climate Change Policies In India, China And Beyond, Lise Johnson, Brooke Güven
Columbia Center on Sustainable Investment Staff Publications
Mitigating and adapting to climate change will require a fundamental reorientation of our global economy as we move away from fossil fuels and transition to a low carbon and climate-resilient world. This reorientation depends on government actions to help catalyze and channel financial flows in new directions and away from business-as-usual practices.
International investment agreements (IIAs) – treaties that now number over 3,000 and have the objective of promoting and protecting cross-border investment flows_could potentially play a key role in these efforts to scale up and (re)direct investments to meet climate change mitigation and adaptation needs. As presently drafted and …
Conference Report: Climate Change And Sustainable Investment In Natural Resources: From Consensus To Action, Columbia Center On Sustainable Investment, Sustainable Development Solutions Network, Sabin Center For Climate Change Law
Conference Report: Climate Change And Sustainable Investment In Natural Resources: From Consensus To Action, Columbia Center On Sustainable Investment, Sustainable Development Solutions Network, Sabin Center For Climate Change Law
Columbia Center on Sustainable Investment Staff Publications
The Columbia Center on Sustainable Investment has produced this conference report on CCSI’s Conference on Climate Change and Sustainable Investment in Natural Resources: From Consensus to Action. A shorter outcome document, which was disseminated at COP22, is also available. These documents summarize the discussions at the eleventh annual Columbia International Investment Conference, which took place on November 2-3, 2016, at Columbia University. The Conference offered a high-level opportunity to discuss how countries can reduce their greenhouse gas emissions in accordance with the Paris Agreement, while also advancing the Sustainable Development Goals, and in particular the important implications for the …
The Intellectual Property Hostage In Trade Retaliation, Sarah R. Wasserman Rajec
The Intellectual Property Hostage In Trade Retaliation, Sarah R. Wasserman Rajec
Maryland Law Review
Intellectual property law has become bound up in a debate about appropriate remedies for violations of the World Trade Organization Agreement. As an alternative to traditional countermeasures that consist of retaliation under the violated agreement, the World Trade Organization “(WTO”) contemplates that violations of one of its covered agreements may be remedied through “cross-retaliation,” or retaliation under another agreement. One form of cross-retaliation has garnered interest in recent years: the threat to suspend intellectual property rights in response to unrelated trade violations.
Cross-retaliation through intellectual property rights suspension is theoretically appealing for its potential to avoid problems inherent in traditional …
The International Maritime Law Response To Climate Change: The Quest For The Shipping Industry's 'Fair Share' Of Ghg Emissions Reduction, Aldo Chircop
Articles, Book Chapters, & Popular Press
This paper discusses the role of international shipping in climate change mitigation, i.e., its emerging contribution to reduce carbon emissions in the wake of the Paris Agreement, 2015 and the expectation that the International Maritime Organization (IMO) will orchestrate the industry's contribution. The adoption of appropriate targets and standards is expected to be a particularly difficult task because of the global and transnational nature of the shipping industry and the difficulty in establishing the basis for a fair contribution for this industry. While considerable progress has been achieved in enhancing technical and operational regulations to improve efficiencies and reduce harmful …
The Tbt Agreement’S Failure To Solve U.S. - Cool, Elinore R. Carroll
The Tbt Agreement’S Failure To Solve U.S. - Cool, Elinore R. Carroll
Georgia Journal of International & Comparative Law
No abstract provided.
Refining Statutory Interpretation: How Natural Gas Export Regulations Violate U.S. International Trade Obligations, Amanda L. Tharpe
Refining Statutory Interpretation: How Natural Gas Export Regulations Violate U.S. International Trade Obligations, Amanda L. Tharpe
Catholic University Law Review
As a member of the World Trade Organization (WTO), the United States is required to abide by nondiscriminatory trade policies when exporting products to other WTO members. Current U.S. policy regulating natural gas exports impose burdensome and lengthy licensing procedures on those requesting approval of a permit to export natural gas to countries with which the U.S. does not have a free trade agreement. A similar commodity, crude oil, is regulated by different regulations that allow for U.S. oil producers to freely export crude oil overseas. This Comment analyzes the differences in federal laws and regulations governing the export of …
The Prudential Carve-Out Clause: Is Risk The New Corrupt Moral?, John Anwesen
The Prudential Carve-Out Clause: Is Risk The New Corrupt Moral?, John Anwesen
Penn State Journal of Law & International Affairs
No abstract provided.
International Legal Instruments And New Judicial Principles For Restitution Of Illegally Exported Cultural Properties, Ho-Young Song
International Legal Instruments And New Judicial Principles For Restitution Of Illegally Exported Cultural Properties, Ho-Young Song
Penn State Journal of Law & International Affairs
No abstract provided.
Caught In The Act But Not Punished: On Elite Rule Of Law And Deterrence, Francesca Jensenius, Abby Wood
Caught In The Act But Not Punished: On Elite Rule Of Law And Deterrence, Francesca Jensenius, Abby Wood
Penn State Journal of Law & International Affairs
No abstract provided.
Abused, Abandoned, Or Neglected: Legal Options For Recent Immigrant Women And Girls, Meaghan Fitzpatrick, Leslye Orloff
Abused, Abandoned, Or Neglected: Legal Options For Recent Immigrant Women And Girls, Meaghan Fitzpatrick, Leslye Orloff
Penn State Journal of Law & International Affairs
No abstract provided.
The Forgotten Victim: Men And Domestic Violence - Issues For The I-360 Petition, Christine Grant
The Forgotten Victim: Men And Domestic Violence - Issues For The I-360 Petition, Christine Grant
Penn State Journal of Law & International Affairs
No abstract provided.
Domestic Violence Victims Need Support At State Level, Rep. Scott Conklin
Domestic Violence Victims Need Support At State Level, Rep. Scott Conklin
Penn State Journal of Law & International Affairs
No abstract provided.
Violence Against Women Symposium And Collected Works
Violence Against Women Symposium And Collected Works
Penn State Journal of Law & International Affairs
No abstract provided.
Theory And Theoretical Approaches To Wto Law, Chios Carmody
Theory And Theoretical Approaches To Wto Law, Chios Carmody
Law Publications
This article examines the role of theory in relation to the law of the World Trade Organization (WTO), and more broadly, international economic law. It posits that an absence of agreement about an underlying theory of WTO law can be traced to lack of clarity about what a ‘theory’ is as well as the fact that the current vogue for interdisciplinary approaches to law means that WTO law, in particular, is analyzed through non-normative frameworks that are removed from the law’s legality. The article goes on to examine three theoretic frameworks – textual, political, and economic – that have been …
Twenty Years Of Trips, Twenty Years Of Debate: The Extension Of High Level Protection Of Geographical Indications – Arguments, State Of Negotiations And Prospects, Friederike Frantz
Twenty Years Of Trips, Twenty Years Of Debate: The Extension Of High Level Protection Of Geographical Indications – Arguments, State Of Negotiations And Prospects, Friederike Frantz
Annual Survey of International & Comparative Law
This paper illustrates the current protection of Geographical Indications (GIs) in TRIPS, the arguments of the parties for and against the high level protection extension and the state of negotiations, with a focus on the European Union (EU) and the U.S. as major advocates for each side of the discussion. The paper examines the prospects of a potential agreement in the extension debate within the WTO and looks at the influence of free trade agreements on the GI extension issue.
National Treasure: A Survey Of The Current International Law Regime For Underwater Cultural Heritage, Christian Hoefly
National Treasure: A Survey Of The Current International Law Regime For Underwater Cultural Heritage, Christian Hoefly
Penn State Journal of Law & International Affairs
No abstract provided.
Addressing The Problem Of Implementing The Hague Abduction Convention On The Civil Aspects Of International Child Abduction Between The U.S. And Mexico, Breanna Atwood
Penn State Journal of Law & International Affairs
No abstract provided.
Controversy Over Information Privacy Arising From The Taiwan National Health Insurance Database Examining The Taiwan Taipei High Administrative Court Judgement No. 102-Su-36 (Tsai V. Nhia), Chen-Hung Chang
Pace International Law Review
This article examines the limitations of the application of traditional information privacy theory to disputes relating to modern technologies. If information privacy is understood as an individual’s right to full control over his information, activities involving the collection, process and use of personal data cannot be conducted without the data subject’s consent because his privacy rights would be affected as a result of such activities. Instead of the privacy interest approach, this article introduces a privacy harm approach to reconcile the defects of traditional privacy theory. The privacy interest approach helps identify situations in which an individual’s information privacy conflicts …
Good Faith – The Gordian Knot Of International Commerce, Bruno Zeller, Camilla Baasch Andersen
Good Faith – The Gordian Knot Of International Commerce, Bruno Zeller, Camilla Baasch Andersen
Pace International Law Review
This paper argues that good faith cannot be defined and furthermore that there is no need to define good faith as it takes on meaning when applied to facts. Hence an explanation or application of good faith is defined by its function namely to enforce the expected performance of both parties. It is further argued that the function of good faith will determine which fact pattern has to be found by a court in order to determine the expected performance of the contractual parties. It follows that good faith is the legal concept which allows courts to do justice and …
Treaty Of Amity, Commerce, And Navigation Between Brazil And The U.S., Prof. Dr. Attila S.L. Andrade Jr.
Treaty Of Amity, Commerce, And Navigation Between Brazil And The U.S., Prof. Dr. Attila S.L. Andrade Jr.
University of Miami Inter-American Law Review
This Article deals with the analytical history of the Treaty of Amity, Commerce and Navigation between the U.S. and Brazil. In the first part of the Article, the author analyzed all the provisions of the Treaty entered into between the two countries on December 12, 1828. The second part examined the historical causes for the early termination of the Treaty, 13 years after its execution. It suggests and evidences that the historical cause lies in a political factor, that is, the conflicts between a Republican form of government and the Brazilian Imperial political system. The third and final part of …
Reaching For Environmental And Economic Harmony: Can Ttip Negotiations Bridge The U.S.-Eu Chemical Regulatory Gap?, Ashley Henson
Reaching For Environmental And Economic Harmony: Can Ttip Negotiations Bridge The U.S.-Eu Chemical Regulatory Gap?, Ashley Henson
Georgia Journal of International & Comparative Law
No abstract provided.
The Trade Act Of 1974: Soviet-American Commercial Relations And The Future, Kenneth Klein
The Trade Act Of 1974: Soviet-American Commercial Relations And The Future, Kenneth Klein
Georgia Journal of International & Comparative Law
No abstract provided.
The Concept Of Compensation In The Field Of Trade And Environment, Shadia Schneider-Sawiris
The Concept Of Compensation In The Field Of Trade And Environment, Shadia Schneider-Sawiris
Georgia Journal of International & Comparative Law
No abstract provided.
Expropriation - Compensation - Agreement Reached Between The Government Of The United States Of America And The Government Of Peru On $76 Million As Compensation For Expropriated Properties Of United States Nationals, William M. Phillippe
Georgia Journal of International & Comparative Law
No abstract provided.