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Articles 1 - 8 of 8
Full-Text Articles in International Trade Law
Stopping The Circling Vultures: Restructuring A Solution To Sovereign Debt Profiteering, Elisa Beneze
Stopping The Circling Vultures: Restructuring A Solution To Sovereign Debt Profiteering, Elisa Beneze
Vanderbilt Journal of Transnational Law
When a sovereign state becomes unable to repay its debts and enters into default, an ideal outcome involves a quick and mutually agreeable resolution with creditors, allowing the country to reenter the international markets and continue its recovery with limited impediments. However, the situation in Argentina, unfolding since 2001, has provided a stark example of why change is needed at the domestic and international level to address the growing problem of vulture funds' presence in the sovereign debt markets. These aggressive hedge funds have demonstrated an uncanny ability to hijack the sovereign debt restructuring process. Vulture funds purchase discounted debt …
(De)Legitimation At The Wto Dispute Settlement Mechanism, Cosette D. Creamer, Zuzanna Godzimirska
(De)Legitimation At The Wto Dispute Settlement Mechanism, Cosette D. Creamer, Zuzanna Godzimirska
Vanderbilt Journal of Transnational Law
International courts employ a variety of legitimation strategies in order to establish and maintain a sound basis of support among their constituents. Existing studies on the legitimating efforts and legitimacy of the World Trade Organization's (WTO) judicial bodies have relied largely on theoretical or normative priors about what makes them legitimate. In contrast, this Article directly connects the study of courts' legitimating efforts with their effects by empirically mapping the reception of the WTO Dispute Settlement Mechanism's (DSM) exercise of authority by the system's primary constituents--WTO Members. Using an original data set of WTO Member statements within meetings of the …
Riding A "Friendly Elephant"? How African Nations Can Make The Best Of Economic Partnership With China, Austin Campbell
Riding A "Friendly Elephant"? How African Nations Can Make The Best Of Economic Partnership With China, Austin Campbell
Vanderbilt Journal of Transnational Law
Modern China is a major trading partner with and investor in Africa. This Note examines its relationships with Nigeria and South Africa to evaluate whether the benefits they receive from Chinese involvement, like infrastructure or access to consumer goods, are outweighed by costs such as worsened corruption. It next discusses legal measures these countries have taken to mitigate any costs of Chinese involvement. At least in Nigeria and South Africa, the concrete benefits of Chinese trade and investment appear to outweigh the uncertain costs. However, legal protections adopted to reduce these costs are likely still inadequate. Given significant barriers to …
Paradise Lost: Can The European Union Expel Countries From The Eurozone?, Jens Dammann
Paradise Lost: Can The European Union Expel Countries From The Eurozone?, Jens Dammann
Vanderbilt Journal of Transnational Law
There was a time, not too long ago, when the introduction of the euro was hailed as a tremendous success. Yet the Eurozone now faces an existential crisis. A number of member states have, since 2008, been prevented from defaulting on their sovereign debt only by massive bailouts. Greece has teetered on the verge of insolvency for years despite repeated such measures. Many observers now believe that Greece should stay in the European Union but leave the Eurozone, a scenario often referred to as the "Grexit." This would allow Greece to devalue its currency and thereby render its economy more …
The Trans-Pacific Partnership:The Death-Knell Of Generic Pharmaceuticals?, Alexander Stimac
The Trans-Pacific Partnership:The Death-Knell Of Generic Pharmaceuticals?, Alexander Stimac
Vanderbilt Journal of Transnational Law
As global commerce continues to expand, many states find international trade agreements to be a useful tool to facilitate this continued expansion. Trade agreements permit developing or poorer nations to establish robust, mutually beneficial trade relationships with powerful economies such as the United States. In the face of regional competition from China, several nations bordering the Pacific Ocean, including the United States, have reached a far-reaching trade agreement called the Trans-Pacific Partnership (TPP). This Note will focus on one particular piece of the TPP: the pharmaceutical trade and the international availability of generic medicines. The TPP has the potential to …
A New Model Of Sovereignty In The Contemporary Era Of Integrated Global Commerce, Kevin Sobel-Read Jd, Ph.D.
A New Model Of Sovereignty In The Contemporary Era Of Integrated Global Commerce, Kevin Sobel-Read Jd, Ph.D.
Vanderbilt Journal of Transnational Law
Existing legal scholarship does not offer an effective or comprehensive definition of sovereignty. Sovereignty, however, matters. Indeed, many have lived and died for it; the term likewise appears with remarkable frequency in both academic and popular discourse. But, sovereignty is not what it used to be. The evolution of globalization generally, and transformations in global commerce specifically, have sutured together the peoples of the world-conventional nation-states and Indigenous groups alike--permanently altering the sovereignty of each. These developments make it that much more imperative to incorporate a functional definition of sovereignty into legal scholarship. But, given the complexities of sovereignty, the …
The Club Approach To Multilateral Trade Lawmaking, Nicolas Lamp
The Club Approach To Multilateral Trade Lawmaking, Nicolas Lamp
Vanderbilt Journal of Transnational Law
The World Trade Organization (WTO) stands at the center of an emerging structure of global economic governance. Its rules affect important aspects of everyone's lives--how much people pay for the products that they purchase, what types of employment are open to them, and which medicines they 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 of the fact …
The International Reach Of Criminal Copyright Infringement Laws, Sara K. Morgan
The International Reach Of Criminal Copyright Infringement Laws, Sara K. Morgan
Vanderbilt Journal of Transnational Law
Piracy and illegal downloading in the Internet age have been on the forefront of the intellectual property community's mind since the early 2000s. Websites such as The Pirate Bay are often labeled as being leaders in copyright infringement, giving users the ability to illegally download thousands of files. However, there are both jurisdictional and extradition issues with prosecuting the founders of these websites, because The Pirate Bay and many others like it are often based in other countries. Recently, the Stop Online Piracy Act and PROTECT IP Act have stirred up controversy, with many alleging that their international reach went …