International Trade Law Commons^™

U.S. Patent Extraterritoriality Within The International Context, Amy L. Landers

Amy L. Landers

Trade Law’S Responses To The Rise Of China, Wentong Zheng

Wentong Zheng

This Article offers a systematic examination of trade law’s responses to the emergence of China as a major player in world trade. As an intricate set of rules written largely prior to the advent of the China era, trade law had to readjust to the powerful newcomer in ways that eventually changed trade law itself. This Article investigates these changes in four major areas of trade law: antidumping, countervailing duties, safeguards, and managed trade. In almost all of those areas, trade law witnessed a protectionist shift against Chinese products at the expense of sound, consistent principles. But, at the same …

Brief For Amicus Curiae Law Professors And Scholars In Support Of Apellee, In Authors Guild V. Google, Inc., Michael W. Carroll, Brandon Butler, Meredith Jacob

Michael W. Carroll

No abstract provided.

A Realist Approach To Copyright Law's Formalities, Michael W. Carroll

Michael W. Carroll

Rejecting the conventional story that formalities in copyright law were abolished by the Berne Convention, this Article demonstrates that privately administered systems of formalities play a significant role in the administration of copyright law worldwide. Indeed, they must because copyright is designed to support a transaction structure which requires rightsholders who seek to attract licensing partners to go through some formal step to identify themselves and the works in which they have a legal or beneficial interest. Canvassing the landscape of mandatory and voluntary public and private systems of formalities, this article argues that: (1) national policymakers retain more policy …

The China Syndrome: The International Trade Commission’S Rising Importance For Enforcing International Trade Secret Violations, Jonathan R. K. Stroud

Jonathan R. K. Stroud

Reprinted with permission of FDLI

Permitting Moral Imperalism: Public Morals Exception To Free Trade At The Bar Of The Wto.Pdf, Ming Du

Ming Du

The Adequacy Of Special And Differential Treatment Provisions For Developing Countries In The Wto, Alex Ansong

Alex Ansong

Investment Provisions In Economic Partnership Agreements, Gus Van Harten

Gus Van Harten

No abstract provided.

Potential Implications Of Future Wto Negotiations For North American Broadcasting Policies: An Overview, Gus Van Harten

Gus Van Harten

No abstract provided.

The Canada-China Fippa: Its Uniqueness And Non-Reciprocity, Gus Van Harten

Gus Van Harten

It is demonstrated that the signed (but not ratified) Canada-China Foreign Investment Promotion and Protection Agreement (FIPPA) is novel and, in key respects, non-reciprocal in favour of China. For example, the FIPPA would provide a general right of market access by Chinese investors to Canada but not by Canadian investors to China, allow wider scope for investment screening by China than by Canada, remove a longstanding Canadian reservation for performance requirements that favour aboriginal peoples, and dilute Canada's established position on transparency in investor-state arbitration. These and other aspects of the FIPPA are highlighted via a comparison to other trade …

From Paper To Electronic Order: The Digitalization Of The Check In The Usa*, Benjamin Geva

Benjamin Geva

No abstract provided.

Border Crossings: Nafta, Regulatory Restructuring, And The Politics Of Place, Ruth Buchanan

Ruth Buchanan

Professor Buchanan begins her paper by questioning whether recent economic and political shifts towards notions of "globalization" (e.g., the NAFTA) have failed to consider the politics or economics of change in particular places. Her prime example of a "place" where integration is illogically forced against a background of differentiation is the U.S.-Mexico border region. Through the scope of a "regulatory complex" (a complex of legal, institutional, regulatory, and social orderings), she departs from the common view of the NAFTA as a productive tool of North American integration, and instead views the NAFTA as exacerbating "differences between localities, industries, and labor …

The Limits Of Isomorphism: Global Investment Law And The Asean Investment Regime, Sungjoon Cho, Jurgen Kurtz

Sungjoon Cho

Convergences: A Prospectus For Justice In A Global Market Society, Frank J. Garcia

Frank J. Garcia

Legitimacy Of Taiwan's Trade Negotiations With China: Demystifying Political Challenges, Pasha L. Hsieh

Pasha L. HSIEH

21st Century Investment Agreements: Justice, Governance And The Rule Of Law, Frank J. Garcia

Frank J. Garcia

Transparency In International Commercial Arbitration, Catherine A. Rogers

Catherine Rogers

Scholars have long been making the case for expanding transparency in the international commercial arbitration system, but recently these proposals have taken on a greater sense of urgency and an apparent willingness to forcibly impose transparency reforms on unwilling parties. These new transparency advocates exhort the general public's stakehold in many issues being arbitrated, which they contend necessitates transparency reforms, including compulsory publication of international commercial arbitration awards. In this symposium essay, I begin by developing a definition of transparency in the adjucatory setting, and conceptually distinguishing from other concepts, like "public access" and "disclosure," which are often improperly treated …

Rendering Arbitral Awards With Reasons: The Elaboration Of Common Law Of International Transactions, Thomas E. Carbonneau

Thomas Carbonneau

With the growth of international trade, arbitration has emerged as the preferred remedy for resolving private international commercial disputes. In fact, among major Western legal systems such as those of England, the United States and France, statutory and decisional law developments indicate a nearly complete acceptance of international arbitral adjudication. This recognition of arbitral procedure and the enforcement of awards, which are given uniform legal recognition and enforcement by domestic legal systems, either as provisions in international conventions or as principles of national statutory or decisional law. These rules, in effect, represent an international consensus on arbitration and constitute a …

Arbitral Adjudication: A Comparative Assessment Of Its Remedial And Substantive Status In Transnational Commerce, Thomas E. Carbonneau

Thomas Carbonneau

With the growth of international trade, arbitration has emerged as the preferred remedy for disputes in private international commerce. Its adjudicatory features respond well to the sui generis dispute resolution needs of international commercial contracts. Most significantly, an arbitration agreement acts as an elaborate choice-of-forum clause. It allows the parties to satisfy their need for a predictable and effective dispute resolution process by creating a more realistic and workable framework that supersedes the fundamentally parochial alternative proffered by national legal systems. The party autonomy principle that underlies arbitration gives the contracting parties the power to fashion a remedial process tailored …

Special Economic Zones In The United States: From Colonial Charters, To Foreign-Trade Zones, Toward Ussezs, Tom W. Bell

Tom W. Bell

Learning From Past Mistakes — The Us Patent System And International Trade Agreements, Robin C. Feldman

Robin C Feldman

Development, Frank J. Garcia

Frank J. Garcia

Development is about aspiration—our longing for a better life as individuals and as a community—and respect, as we individually and collectively recognize and support these aspirations. Development requires the freedom to define and choose that better life; a fair share of the resources needed to realize that life; and narratives of where we currently stand with regard to our aspirations and why, where we want to go, and what it will take to get there. This means that development inevitably takes place in and through politics, law, and the social sciences (especially economics), as we work to articulate our claims …

China’S Wto Accession: Economic, Legal, And Political Implications , Karen Halverson

Karen Halverson Cross

This Article discusses the unparalleled economic, legal, and political change that has confronted China during WTO accession. The Article focuses on the relationship between China's unique WTO accession process and China's reform over the past two decades. The author suggests that WTO accession has acted as a lever for economic and legal reform by locking in reform and making it irrevocable. The Article begins with a historical background of China's long road to accession and the way that this process worked to further the previously instated economic reform program. Next, the Article analyzes the manner in which wro accession has …

Geographical Indications, Food Safety, And Sustainability Challenges And Opportunities, David A. Wirth

David A. Wirth

Transnational Legal Practice 2015, Laurel S. Terry

Laurel S. Terry

Currency Wars And The Erosion Of Dollar Hegemony, Lan Cao

Lan Cao

The External Dimension Of Eu Investment Law.Pdf, Fernanda Nicola

Fernanda G. Nicola