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Full-Text Articles in Transnational Law

The Role Of United States Trade Laws In Resolving The Florida-Mexico Tomato Conflict, Stephen J. Powell, Mark A. Barnett Dec 2014

The Role Of United States Trade Laws In Resolving The Florida-Mexico Tomato Conflict, Stephen J. Powell, Mark A. Barnett

Stephen Joseph Powell

For discussion purposes, we have been asked to assume that the agreement entered into in October 1996 between the U.S. Department of Commerce (Commerce) and Mexican tomato exporters, which resulted in suspension of an antidumping investigation of tomatoes from Mexico, has ended. The new owner of many of Florida's winter vegetable producers, concerned with the continuing rise in market share represented by Mexican imports, is considering further action under the trade remedy and other laws. This article will discuss the potential role of the antidumping and countervailing duty laws in these deliberations, as well as the operation of the dispute …


The Cotton And Sugar Subsidies Decisions: Wto's Dispute Settlement System Rebalances The Agreement On Agriculture, Stephen J. Powell, Andrew Schmitz Dec 2014

The Cotton And Sugar Subsidies Decisions: Wto's Dispute Settlement System Rebalances The Agreement On Agriculture, Stephen J. Powell, Andrew Schmitz

Stephen Joseph Powell

As far back as David Ricardo's shattering insight as to comparative advantage in 1817, agriculture has enjoyed special favor in trade. The unique place of farming was so well established by the time the 1947 General Agreement on Tariffs and Trade ("GATT") was negotiated that GATT's tight disciplines on government interference with free trade not only exempted government protections to growers, but in fact were drafted to be fully consistent with the agricultural policies of the major signatories. While it would be an exaggeration to argue that GATT' s first half century was without impact on agricultural benefits, the sector …


Acuerdo De Facilitación Al Comercio De La Omc: Eficiencia En Las Cadenas De Suministro Mundiales, Rodolfo C. Rivas Rea Feb 2014

Acuerdo De Facilitación Al Comercio De La Omc: Eficiencia En Las Cadenas De Suministro Mundiales, Rodolfo C. Rivas Rea

Rodolfo C. Rivas

The author provides a brief overview of the negotiation process of the Trade Facilitation Agreement under the WTO and the bringing to a successful conclusion of the agreement during the Ninth Ministerial Conference hosted by Indonesia. The author then delves into the general contents of the agreement and the possible benefits it can bring to the private sector, specifically in relation to the Global value chains. ////////////////////////////////////// El autor ofrece un breve panorama general del proceso de negociación del Acuerdo de Facilitación del Comercio (AFC) de la OMC y la exitosa conclusión del acuerdo durante la Novena Conferencia Ministerial en …


Proportionality, General Principles Of Law, And Investor-State Arbitration: A Response To Jose Alvarez, Alec Stone Sweet Dec 2013

Proportionality, General Principles Of Law, And Investor-State Arbitration: A Response To Jose Alvarez, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.


Transparency In International Economic Relations And The Role Of The Wto, Padideh Ala'i , Matthew D'Orsi Dec 2013

Transparency In International Economic Relations And The Role Of The Wto, Padideh Ala'i , Matthew D'Orsi

Padideh Ala'i

Chapter focuses on transparency commitments in WTO covered agreements. Discusses major provisions in WTO covered agreements regarding transparency and analyzes the application of thosse provisions before WTO panels and the Appellate Body.


China-Taiwan Trade Relations: Implications Of The Wto And Asian Regionalism, Pasha L. Hsieh Apr 2013

China-Taiwan Trade Relations: Implications Of The Wto And Asian Regionalism, Pasha L. Hsieh

Pasha L. Hsieh

Cross-strait relations underwent a fundamental change when both China and Taiwan joined the World Trade Organization (WTO) in 2001. The WTO is the first world-wide multilateral organization in which China and Taiwan share equal statuses. Thus, the WTO provides a neutral forum for China and Taiwan to resolve trade conflicts. More importantly, the WTO requires the two states to behave toward one another in a manner consistent with WTO norms. Consequently, the trade policies of China and Taiwan would change in response to their WTO obligations. In addition to the WTO, Asian regionalism, which refers to the recent accelerated integration …


The Cathedral Rules As The Wto’S Remedy, Ashley H. Song Ms. Dec 2010

The Cathedral Rules As The Wto’S Remedy, Ashley H. Song Ms.

Ashley Song

Coase’s assumption of zero transaction cost is not realistic in the WTO; it bears substantive amount of transaction costs. Unlike Coase, Calabresi and Melamed, in their article of “Property Rules, Liability Rules, and Inalienability: One View of the Cathedral,” endogenously admit that transaction cost exists and utilize it for the application of a property and liability rule. I would like to apply the property, liability, and inalienability rules to the WTO– mainly, to the wrongful acts of the WTO members– and which remedy according to which rule can be effectual or reach the welfare maximization in Pareto Optimal.


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 …