Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- 514 U.S. 159 (1995) (1)
- Catalyze color depletion (1)
- Color blocking (1)
- Competition (Economics) -- European Union countries (1)
- Constitution (1)
-
- Development (1)
- Economy (1)
- Ecuador (1)
- Foreign investment (1)
- Global Human Rights Law and the Boundaries of Statehood (1)
- Globalization -- Economic aspects (1)
- Globalized economy (1)
- Harmonization of color protection (1)
- Human rights (1)
- ICSID (1)
- ICSID arbitration (1)
- International Affairs (1)
- International Centre for the Settlement of Investment Disputes (1)
- International and other extra-territorial public administration (1)
- International competition (1)
- International investment agreement (1)
- Investment (1)
- Investor-State Regime (1)
- Merits of tax competition (1)
- New constitutionalism (1)
- OECD (1)
- Organisation for Economic Co-operation & Development (1)
- Organisation for Economic Co-operation and Development (1)
- Pantone (1)
- Qualitex Co. v. Jacobson Prods. Co. (1)
Articles 1 - 4 of 4
Full-Text Articles in International Trade Law
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 …
The Merits Of Tax Competition In A Globalized Economy, David Elkins
The Merits Of Tax Competition In A Globalized Economy, David Elkins
Indiana Law Journal
Since the turn of the current century, leading transnational organizations and academic scholarship have identified tax competition among countries as one of the scourges of the international tax regime. Both the EU and the OECD have warned that tax competition erodes the tax bases of Member States and impedes their ability to provide essential services. Commentators have argued that unrestrained competition is driving tax rates on mobile sources of income to (or close to) zero, a process that jeopardizes the very existence of the welfare state, exacerbates problems of global poverty, and deprives developing countries of funds that they desperately …
Transformations In Statehood, The Investor- State Regime, And The New Constitutionalism, A. Claire Cutler
Transformations In Statehood, The Investor- State Regime, And The New Constitutionalism, A. Claire Cutler
Indiana Journal of Global Legal Studies
This paper examines the changing boundaries of statehood resulting from transformations in the nature and operation of public and private authority over local and global politico-legal orders. Transformations in the political purposes of states are being driven by powerful elites who advance a new form of constitutional governance. New constitutionalism, as evidenced by the investor-state regime, subordinates the interests, purposes, and rights of national citizens to those of foreign, transnational politico-legal, and economic elites. This regime is a highly privatized order that is expanding in influence, both in terms of the commercial activities under its remit, and in terms of …
Color Blocking: How The Harmonization Of Color Protection May Catalyze Color Depletion In Global Markets, Arsha Hasan
Color Blocking: How The Harmonization Of Color Protection May Catalyze Color Depletion In Global Markets, Arsha Hasan
Indiana Journal of Global Legal Studies
The Qualitex decision in 1995 inspired trademark reformation and harmonization worldwide for the protection of color marks. While protecting color trademarks has not created issues of market entry in domestic markets, the growth in the number of transnational market participants and an increased utilization of non-traditional branding may catalyze color depletion in international trade. After exploring how current advertising expenditure requirements and distinctiveness requirements affect the registrability and protection of a color mark, this Note offers potential global reforms to help minimize hurdles for small scale transnational participants and the threat of international color depletion. Specifically, due to consumers' increasing …