Open Access. Powered by Scholars. Published by Universities.®

Transnational Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 10 of 10

Full-Text Articles in Transnational Law

Lawyers, Gats, And The Wto Accountancy Disciplines: The History Of The Wto's Consultation, The Iba Gats Forum And The September 2003 Iba Resolutions, Laurel S. Terry Apr 2004

Lawyers, Gats, And The Wto Accountancy Disciplines: The History Of The Wto's Consultation, The Iba Gats Forum And The September 2003 Iba Resolutions, Laurel S. Terry

Faculty Scholarly Works

The article addresses issues related to legal services and the General Agreement on Trade in Services or GATS. The article begins by focusing on "Track #2" of the GATS and the obligation under GATS Article VI:4 to develop "any necessary disciplines." In 1998, WTO Members implemented GATS Article VI:4 by adopting "Disciplines" that apply to the accoutnancy sector. WTO Members currently are in the process of deciding whether to extend the WTO Accountancy Disciplines, S/L/64, to other service sectors, including legal services. In December 2002, the WTO sent the International Bar Association (IBA) and other non-governmental organizations a "consultation letter" …


Labor And Finance As Inevitably Transnational: Globalization Demands A Sophisticated And Transnational Lens, Katherine V.W. Stone, Timothy A. Canova, Claire Moore Dickerson Mar 2004

Labor And Finance As Inevitably Transnational: Globalization Demands A Sophisticated And Transnational Lens, Katherine V.W. Stone, Timothy A. Canova, Claire Moore Dickerson

Cornell Law Faculty Publications

No abstract provided.


Labor And Finance As Inevitably Transnational: Globalization Demands A Sophisticated And Transnational Lens, Timothy A. Canova, Claire Moore Dickerson, Katherine V.W. Stone Feb 2004

Labor And Finance As Inevitably Transnational: Globalization Demands A Sophisticated And Transnational Lens, Timothy A. Canova, Claire Moore Dickerson, Katherine V.W. Stone

Faculty Scholarship

No abstract provided.


China's Wto Accession: Economic, Legal, And Political Implications, 27 B.C. Int'l & Comp. L. Rev. 319 (2004), Karen H. Cross Jan 2004

China's Wto Accession: Economic, Legal, And Political Implications, 27 B.C. Int'l & Comp. L. Rev. 319 (2004), Karen H. Cross

UIC Law Open Access Faculty Scholarship

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 WTO accession has …


Bridging Fragmentation And Unity: International Law As A Universe Of Inter-Connected Islands, Joost Pauwelyn Jan 2004

Bridging Fragmentation And Unity: International Law As A Universe Of Inter-Connected Islands, Joost Pauwelyn

Michigan Journal of International Law

The fragmentation of the international legal system is not new. The consent-based nature of international law inevitably led to the creation of almost as many treaty regimes, composed of different constellations of states, as there are problems to be dealt with. Traditionally, these different regimes operated in virtual isolation from each other. Most importantly, the Bretton Woods institutions (World Bank, IMF, and GATT, now WTO) focused on the world's economic problems, while the UN institutions tackled the world's political problems. Both the IMF and World Bank articles of agreement, for example, explicitly state that political factors cannot be taken into …


Interpreting The Wto Agreements- A Commentary On Professor Pauwelyn's Approach, Joshua Meltzer Jan 2004

Interpreting The Wto Agreements- A Commentary On Professor Pauwelyn's Approach, Joshua Meltzer

Michigan Journal of International Law

In his paper, Professor Pauwelyn argues that pursuant to Article 31(3)(c) of the Vienna Convention on the Law of Treaties (Vienna Convention), the Appellate Body should consider other rules of international law in the interpretation of the WTO Agreements, when that law reflects the "common intentions" of the parties to the WTO. He argues that this does not mean that "all the parties to the WTO treaty must have formally and explicitly agreed, one after the other, to the new non-WTO rule; nor even that this rule must be otherwise legally bind all WTO members; but rather, that this new …


Reply To Joshua Meltzer, Joost Pauwelyn Jan 2004

Reply To Joshua Meltzer, Joost Pauwelyn

Michigan Journal of International Law

A reply to Joshua Meltzer's comment on the author's paper Bridging Fragmentation and Unity: International Law as a Universe of Inter-Connected Islands


Global Antitrust Enforcement: The Sherman Act Does Not Apply Without Any Direct Domestic Effect, But Discovery Assistance May Be Available To Aid A Foreign Tribunal, According To The U.S. Supreme Court, 38 J. Marshall L. Rev. 495 (2004), Sue Ann Mota Jan 2004

Global Antitrust Enforcement: The Sherman Act Does Not Apply Without Any Direct Domestic Effect, But Discovery Assistance May Be Available To Aid A Foreign Tribunal, According To The U.S. Supreme Court, 38 J. Marshall L. Rev. 495 (2004), Sue Ann Mota

UIC Law Review

No abstract provided.


Facing The Challenge: Corruption State Capture And The Role Of Multinational Business, 37 J. Marshall L. Rev. 1181 (2004), Nikolay A. Ouzounov Jan 2004

Facing The Challenge: Corruption State Capture And The Role Of Multinational Business, 37 J. Marshall L. Rev. 1181 (2004), Nikolay A. Ouzounov

UIC Law Review

No abstract provided.


Lawyers, Gats, And The Wto Accountancy Disciplines: The History Of The Wto's Consultation, The Iba Gats Forum And The September 2003 Iba Resolutions, Laurel S. Terry Dec 2003

Lawyers, Gats, And The Wto Accountancy Disciplines: The History Of The Wto's Consultation, The Iba Gats Forum And The September 2003 Iba Resolutions, Laurel S. Terry

Laurel S. Terry

This article addresses issues related to legal services and the General Agreement on Trade in Services or GATS. GATS Article VI:4 requires Member States to develop "any necessary disciplines." WTO Members currently are in the process of deciding whether to extend the WTO Accountancy Disciplines, S/L/64, to other service sectors, including legal services. In December 2002, the WTO sent the International Bar Association (IBA) (and other non-governmental organizations) a "consultation letter" requesting the IBA's views about changes it would like to see in the WTO Accountancy Disciplines. The IBA responded to the WTO consultation with the May 2003 IBA GATS …