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

International Trade Law Commons

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

3928 Full-Text Articles 2874 Authors 1505599 Downloads 101 Institutions

All Articles in International Trade Law

Faceted Search

3928 full-text articles. Page 1 of 102.

The Rise Of The Global South, The Imf And The Future Of Law And Development, Gabriel Garcia 2016 University of Wollongong

The Rise Of The Global South, The Imf And The Future Of Law And Development, Gabriel Garcia

Dr Gabriel Garcia

After the onset of the Asian Financial Crisis, the world has witnessed a re-accommodation of the global financial system. In the particular case of middle-income countries, they have disentangled themselves from the conditionality of the International Monetary Fund (IMF) and grown into more assertive actors in international forums, proposing new alternative mechanisms to become more financially independent and for the provision of development assistance. The article critically reviews the new reality by assessing the strategies deployed by developing countries to reduce the IMF’s influence and explores the potential consequences of the rise of middle-income nations for Law and Development.


European Community Law And Institutions In Perspective: Text, Cases And Readings, Josef Rohlik 2016 St. Louis University

European Community Law And Institutions In Perspective: Text, Cases And Readings, Josef Rohlik

Georgia Journal of International & Comparative Law

No abstract provided.


The United States, Developing Countries And The Issue Of Intra-Enterprise Agreements, Joel Davidow 2016 University of Georgia School of Law

The United States, Developing Countries And The Issue Of Intra-Enterprise Agreements, Joel Davidow

Georgia Journal of International & Comparative Law

Antitrust issues have become one of the main concern of the world economy community and the United Nations. For many years, the United Nations Conference on Trade and Development has multiplied the meetings to discuss the relationship between transnational enterprises and international investment and has engaged in reflections on methods to avoid a decline in international investment. However, these meetings failed to resolve the fundamental issue of the impact of international antitrust principles on restrictive arrangements between a foreign parent corporation and its local subsidiary, particularly where that subsidiary is in a developing country. If applied, multinational enterprises would be ...


Rethinking Article 422: A Retrospective On Ecuador's 2008 Constitutional Isds Recalibration, Alexander B. Avtgis 2016 Indiana University Maurer School of Law

Rethinking Article 422: A Retrospective On Ecuador's 2008 Constitutional Isds Recalibration, Alexander B. Avtgis

Indiana Journal of Constitutional Design

Is Ecuador’s adoption of Article 422 in the 2008 Constitution properly viewed as a “re-statification”1 of Investor State Dispute Settlement (ISDS)? And, since its implementation, has the constitutional article been effective in institutionally insulating Ecuador from the jurisdictional reach of international ISDS? This paper answers both questions in the negative—but qualifies such an outlook by balancing the drawbacks of Article 422 against its successes. Article 422’s provisions, strident in its attempt to create an alternative development vision, did not achieve all that the Constitution’s drafters had hoped. Nevertheless, in its limited effect of detaching Ecuador ...


The Trumping Of The Trans-Pacific Partnership, Matthew Rimmer 2016 Queensland University of Technology

The Trumping Of The Trans-Pacific Partnership, Matthew Rimmer

Matthew Rimmer

With the victory of Donald Trump, the Trans-Pacific Partnership (TPP) has literally been trumped.
As a Presidential candidate, Barack Obama came to power, promising to renegotiate the North American Free Trade Agreement (NAFTA). As a President, a centrepiece of his administration was the proposal for the TPP, a trade agreement spanning the Pacific Rim. He argued that the trade agreement was essential for the economic and political power of the USA.
The TPP was also ambitious in terms of its membership. The agreement included NAFTA countries such as the USA, Canada, and Mexico. The deal involved Australasian nations, like Australia ...


A Realist Approach To Copyright Law's Formalities, Michael W. Carroll 2016 American University Washington College of Law

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 ...


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 2016 American University Washington College of Law

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.


Why Full Open Access Matters, Michael W. Carroll 2016 American University Washington College of Law

Why Full Open Access Matters, Michael W. Carroll

Michael W. Carroll

This Perspective argues that when authors or funders pay the full cost of publishing a scientific or scholarly journal article in an open access journal, the terms of reuse should require only attribution to some combination of the author(s), the original publisher, and the funder. Publications that charge authors and their financial backers the full cost of publication and then add other reuse restrictions are not fully open access publications.


Sharing Research Data And Intellectual Property Law: A Primer, Michael W. Carroll 2016 American University Washington College of Law

Sharing Research Data And Intellectual Property Law: A Primer, Michael W. Carroll

Michael W. Carroll

Sharing research data by depositing it in connection with a published article or otherwise making data publicly available sometimes raises intellectual property questions in the minds of depositing researchers, their employers, their funders, and other researchers who seek to reuse research data. In this context or in the drafting of data management plans, common questions are (1) what are the legal rights in data; (2) who has these rights; and (3) how does one with these rights use them to share data in a way that permits or encourages productive downstream uses? Leaving to the side privacy and national security ...


Hiding Behind Nationality: The Temporary Presence Exception And Patent Infringement Avoidance, J. Jonas Anderson 2016 Selected Works

Hiding Behind Nationality: The Temporary Presence Exception And Patent Infringement Avoidance, J. Jonas Anderson

J. Jonas Anderson

This Article argues that the temporary presence exception was not designed to allow conveyance owners the ability to select the most optimal patent system under which to be subject. It also examines the ramifications of the temporary presence exception on international commerce and concludes that increased use of the exception may result in reduced values for patents relating to international conveyances, reduced incentives to invest in and develop technologies in international conveyances, and a decrease in the quality of various domestic patent systems worldwide. Finally, this Article proposes a solution to these problems. The temporary presence exception has received some ...


A Framework For Assessing Global Economic Governance, Daniel D. Bradlow 2016 American University Washington College of Law

A Framework For Assessing Global Economic Governance, Daniel D. Bradlow

Daniel D. Bradlow

Increased globalization over the last twenty years has made effective global economic governance more important than ever. This period has witnessed the rise of a number of new international governance actors, such as the Group of Twenty and the Financial Stability Board. This Article proposes a five-part test to evaluate how the existing global governance actors serve the interests of all stakeholders in the global economy. The test is based on four fundamental indicators of good global governance. The Article uses the five-part test to evaluate the G20’s performance at the G20 Summit at Los Cabos, Mexico. Finally, this ...


Risk And Regulatory Calibration: Wto Compliance Review Of The U.S. Dolphin-Safe Tuna Labeling Regime, Cary Coglianese, André Sapir 2016 University of Pennsylvania Law School

Risk And Regulatory Calibration: Wto Compliance Review Of The U.S. Dolphin-Safe Tuna Labeling Regime, Cary Coglianese, André Sapir

Faculty Scholarship

In a series of recent disputes arising under the TBT Agreement, the Appellate Body has interpreted Article 2.1 to provide that discriminatory and trade-distortive regulation could be permissible if based upon a “legitimate regulatory distinction.” In its recent compliance decision in the US-Tuna II dispute, the AB reaffirmed its view that regulatory distinctions embedded in the U.S. dolphin-safe tuna labeling regime were not legitimate because they were not sufficiently calibrated to the risks to dolphins associated with different tuna fishing conditions. This paper analyzes the AB’s application of the notion of risk-based regulation in the US-Tuna II ...


The Convergence Of International Trade And Investment Arbitration, Roger P. Alford 2016 Notre Dame Law School

The Convergence Of International Trade And Investment Arbitration, Roger P. Alford

Roger P. Alford

The World Trade Organization (“WTO”) and bilateral investment treaties (“BITs”) are among the most significant legal developments in the history of international economic law. Never before in the history of international relations has trade and investment been supported by such powerful legal guarantees and adjudicative processes. In less than two decades the WTO and BITs have permanently altered the legal landscape with reciprocal and mutually advantageous arrangements designed to reduce barriers to trade and investment and eliminate discriminatory treatment in international economic relations. In most respects the worlds of trade and investment are on parallel tracks headed in the same ...


Trade Law’S Responses To The Rise Of China, Wentong Zheng 2016 University of Florida Levin College of Law

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

UF Law Faculty Publications

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 ...


The Trans-Pacific Partnership: Agriculture, Farming, And Food Security, Submission To The Productivity Commission, The Joint Standing Committee On Treaties, And The Senate Foreign Affairs, Trade, And References Committee, Matthew Rimmer 2016 Queensland University of Technology

The Trans-Pacific Partnership: Agriculture, Farming, And Food Security, Submission To The Productivity Commission, The Joint Standing Committee On Treaties, And The Senate Foreign Affairs, Trade, And References Committee, Matthew Rimmer

Matthew Rimmer

Executive Summary
 
There are a large number of Chapters in the Trans-Pacific Partnership dealing with agriculture, food security, farming, and plant intellectual property. As a result, it is a complex equation, assessing the benefits and costs for the sector under the Trans-Pacific Partnership.
 
The traditional provisions upon market access in respect of agricultural markets have received a mixed response.
 
The United States Department of Agriculture has argued that the deal will result in the elimination of tariffs:
 
Under the TPP agreement, most tariffs on U.S. agricultural exports will be eliminated. For Japan, once the TPP agreement is implemented, over ...


The Trans-Pacific Partnership: Patent Law, Public Health, And Access To Essential Medicines, Submission To The Productivity Commission, The Joint Standing Committee On Treaties, And The Senate Foreign Affairs, Trade, And References Committee., Matthew Rimmer 2016 Queensland University of Technology

The Trans-Pacific Partnership: Patent Law, Public Health, And Access To Essential Medicines, Submission To The Productivity Commission, The Joint Standing Committee On Treaties, And The Senate Foreign Affairs, Trade, And References Committee., Matthew Rimmer

Matthew Rimmer

Executive Summary
 
This submission provides a critical analysis of a number of Chapters in the Trans-Pacific Partnership addressing intellectual property, public health, and access to essential medicines – including Chapter 18 on Intellectual Property, Chapter 9 on Investment, and Annex 26 on ‘Healthcare Transparency.’
 
The United States Trade Representative has argued: ‘The Intellectual Property chapter also includes commitments to promote not only the development of innovative, life-saving drugs and treatments, but also robust generic medicine markets.’ The United States maintained: ‘Drawing on the principles underlying the “May 10, 2007” Congressional-Executive Agreement, included in agreements with Peru, Colombia, Panama, and Korea, the ...


The Trans-Pacific Partnership: Copyright Law, The Creative Industries, And Internet Freedom. Submission To The Productivity Commission, The Joint Standing Committee On Treaties, And The Senate Foreign Affairs, Defence And Trade References Committee, Matthew Rimmer 2016 Queensland University of Technology

The Trans-Pacific Partnership: Copyright Law, The Creative Industries, And Internet Freedom. Submission To The Productivity Commission, The Joint Standing Committee On Treaties, And The Senate Foreign Affairs, Defence And Trade References Committee, Matthew Rimmer

Matthew Rimmer

Executive Summary
 
This submission provides a critical analysis of the copyright sections of Chapter 18 of the Trans-Pacific Partnership on intellectual property.
 
In National Interest Analysis, the Australian Government asserts that the Trans-Pacific Partnership is a merely recapitulation of existing agreements:
 
"The TPP Intellectual Property Chapter is consistent with Australia’s existing intellectual property regime and will not require any changes to Australia’s legislation. Minor regulatory changes relating to encoded broadcasts will be required to extend to Malaysia, Singapore, Brunei Darussalam and New Zealand the benefits in Part VAA of the Copyright Act 1968 that Australia already extends to ...


No Logo: Nike, Labor Rights, Trademark Law, And The Trans-Pacific Partnership, Submission To The Senate Foreign Affairs, Trade, And References Committee, Matthew Rimmer 2016 Queensland University of Technology

No Logo: Nike, Labor Rights, Trademark Law, And The Trans-Pacific Partnership, Submission To The Senate Foreign Affairs, Trade, And References Committee, Matthew Rimmer

Matthew Rimmer

Executive Summary
 
This submission provides a critical analysis of the treatment of trade mark law in Chapter 18 of the Intellectual Property Chapter of the Trans-Pacific Partnership. Through a discussion of the topic, this submission also considers issues in respect of Labour Rights under Chapter 19 of the Trans-Pacific Partnership. First, the submission considers President Barack Obama’s pitch for the Trans-Pacific Partnership at Nike Headquarters. It examines the criticism of his position by fair trade activists, unions, and culture-jammers. Second, it evaluates the provisions on trade mark law in the Trans-Pacific Partnership. Special attention is paid to the treatment ...


Lock The Gate: The Trans-Pacific Partnership And Investor-State Dispute Settlement, Submission To The Productivity Commission, The Joint Standing Committee On Treaties, And The Senate Foreign Affairs, Trade, And References Committee., Matthew Rimmer 2016 Queensland University of Technology

Lock The Gate: The Trans-Pacific Partnership And Investor-State Dispute Settlement, Submission To The Productivity Commission, The Joint Standing Committee On Treaties, And The Senate Foreign Affairs, Trade, And References Committee., Matthew Rimmer

Matthew Rimmer

Executive Summary
 
This submission provides a critical analysis of Investment Chapter of the Trans-Pacific Partnership – focusing upon Investor-State Dispute Settlement.
            The National Interest Analysis provides a rosy assessment of Investment under the Trans-Pacific Partnership, arguing ‘The TPP will create new investment opportunities and provide a more predictable and transparent regulatory environment for investment.’
            At one level, the National Interest Analysis argues that the Trans-Pacific Partnership preserves Australia’s regulatory autonomy in respect of foreign investment:
 
The TPP will also promote further growth and diversification of foreign investment in Australia by liberalising the screening threshold at which private foreign investments in ...


Plain Packaging For The Pacific Rim: Tobacco Control And The Trans-Pacific Partnership, Submission To The Productivity Commission, The Joint Standing Committee On Treaties, And The Senate Foreign Affairs, Trade, And References Committee, Matthew Rimmer 2016 Queensland University of Technology

Plain Packaging For The Pacific Rim: Tobacco Control And The Trans-Pacific Partnership, Submission To The Productivity Commission, The Joint Standing Committee On Treaties, And The Senate Foreign Affairs, Trade, And References Committee, Matthew Rimmer

Matthew Rimmer

Executive Summary
 
This submission draws upon research done in relation to the Trans-Pacific Partnership and tobacco control – including:
 
Matthew Rimmer, 'Price and Trade: World No Tobacco Day 2015', (2015) 24 Tobacco Control e123-124.
 
Matthew Rimmer, 'New Zealand, Plain Packaging, and the Trans-Pacific Partnership', InfoJustice, 28 March 2014, http://infojustice.org/archives/32570
 
Matthew Rimmer, 'Ireland, Plain Packaging, and the Olive Revolution', InfoJustice, 24 March 2014, http://infojustice.org/archives/32484
 
Matthew Rimmer, 'The High Court of Australia and the Marlboro Man: The Battle Over The Plain Packaging of Tobacco Products', in Tania Voon, Andrew Mitchell, and Jonathan Liberman (Ed.) Regulating ...


Digital Commons powered by bepress