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Full-Text Articles in Transnational Law

Against Imperial Arbitrators: The Brilliance Of Canada's New Model Investment Treaty, Charles H. Brower Ii Jan 2023

Against Imperial Arbitrators: The Brilliance Of Canada's New Model Investment Treaty, Charles H. Brower Ii

FIU Law Review

Investment treaty arbitration has become politically “toxic” even in states that pioneered the development of investment treaties. There is consensus on the need for reform. But there is a dearth of historical research on what went wrong with investment treaties, when it happened, or how to find the way forward in light of the past. As a result, reform efforts have a stumbling quality. One can see this in multilateral fora, such as the United Nations Commission on International Trade Law (UNCITRAL), where over four years of study and negotiations have produced little consensus. One can also see it in …


Value Divergence In Global Intellectual Property Law, J. Janewa Oseitutu Jan 2012

Value Divergence In Global Intellectual Property Law, J. Janewa Oseitutu

Faculty Publications

It is a challenge for the United States to adequately protect the interests of its intellectual property industries, especially when U.S. interests are not in line with the social, cultural, and economic goals of other nations. Yet, as a major exporter of intellectual property protected goods, the U.S. has an interest in negotiating effective international intellectual property agreements that are perceived to be legitimate by the state signatories and their constituents. Focusing on value divergence, this article contributes to the growing body of literature on developing a robust but flexible global intellectual property system, arguing that the trade-based approach to …


Cuban Claims: Embargoed Identities And The Cuban-American Oedipal Conflict (El Grito De La Yuma), Jose M. Gabilondo Jan 2008

Cuban Claims: Embargoed Identities And The Cuban-American Oedipal Conflict (El Grito De La Yuma), Jose M. Gabilondo

Faculty Publications

No abstract provided.