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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.


The Tbt Agreement’S Failure To Solve U.S. - Cool, Elinore R. Carroll 2016 University of Georgia School of Law

The Tbt Agreement’S Failure To Solve U.S. - Cool, Elinore R. Carroll

Georgia Journal of International & Comparative Law

No abstract provided.


Refining Statutory Interpretation: How Natural Gas Export Regulations Violate U.S. International Trade Obligations, Amanda L. Tharpe 2016 The Catholic University of America, Columbus School of Law

Refining Statutory Interpretation: How Natural Gas Export Regulations Violate U.S. International Trade Obligations, Amanda L. Tharpe

Catholic University Law Review

As a member of the World Trade Organization (WTO), the United States is required to abide by nondiscriminatory trade policies when exporting products to other WTO members. Current U.S. policy regulating natural gas exports impose burdensome and lengthy licensing procedures on those requesting approval of a permit to export natural gas to countries with which the U.S. does not have a free trade agreement. A similar commodity, crude oil, is regulated by different regulations that allow for U.S. oil producers to freely export crude oil overseas. This Comment analyzes the differences in federal laws and regulations governing ...


The Prudential Carve-Out Clause: Is Risk The New Corrupt Moral?, John Anwesen 2016 Penn State Law

The Prudential Carve-Out Clause: Is Risk The New Corrupt Moral?, John Anwesen

Penn State Journal of Law & International Affairs

No abstract provided.


International Legal Instruments And New Judicial Principles For Restitution Of Illegally Exported Cultural Properties, Ho-Young Song 2016 Penn State Law

International Legal Instruments And New Judicial Principles For Restitution Of Illegally Exported Cultural Properties, Ho-Young Song

Penn State Journal of Law & International Affairs

No abstract provided.


Caught In The Act But Not Punished: On Elite Rule Of Law And Deterrence, Francesca Jensenius, Abby Wood 2016 Penn State Law

Caught In The Act But Not Punished: On Elite Rule Of Law And Deterrence, Francesca Jensenius, Abby Wood

Penn State Journal of Law & International Affairs

No abstract provided.


Abused, Abandoned, Or Neglected: Legal Options For Recent Immigrant Women And Girls, Meaghan Fitzpatrick, Leslye Orloff 2016 Penn State Law

Abused, Abandoned, Or Neglected: Legal Options For Recent Immigrant Women And Girls, Meaghan Fitzpatrick, Leslye Orloff

Penn State Journal of Law & International Affairs

No abstract provided.


The Forgotten Victim: Men And Domestic Violence - Issues For The I-360 Petition, Christine Grant 2016 Penn State Law

The Forgotten Victim: Men And Domestic Violence - Issues For The I-360 Petition, Christine Grant

Penn State Journal of Law & International Affairs

No abstract provided.


Domestic Violence Victims Need Support At State Level, Rep. Scott Conklin 2016 Penn State Law

Domestic Violence Victims Need Support At State Level, Rep. Scott Conklin

Penn State Journal of Law & International Affairs

No abstract provided.


Violence Against Women Symposium And Collected Works, 2016 Penn State Law

Violence Against Women Symposium And Collected Works

Penn State Journal of Law & International Affairs

No abstract provided.


Permitting Moral Imperalism: Public Morals Exception To Free Trade At The Bar Of The Wto.Pdf, Ming Du 2016 Lancaster University Law School

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

Ming Du

The objective of this article is to critically review the case law on public morals exception in the multilateral trading system and argue against the World Trade Organization (WTO) Appellate Bodys exceedingly deferential approach to the meaning and identification of public morals in international trade disputes. Admittedly, the WTO Appellate Bodys judicial minimalism approach to trade dispute settlement has so far prevented it from making any broad claims about public morals exception. Nevertheless, I argue that the Appellate Body has already waded into treacherous waters. Going forward, the WTO Appellate Body must be cautious so as not to ...


How Much Is This Clause? Debt Managers On Pricing Bond Contract Terms, Anna Gelpern, Mitu Gulati 2016 Georgetown University Law Center

How Much Is This Clause? Debt Managers On Pricing Bond Contract Terms, Anna Gelpern, Mitu Gulati

Georgetown Law Faculty Publications and Other Works

Whether bond contract terms are priced is a classic question at the intersection of law and finance. One contract provision, the Collective Action Clause or CAC in sovereign bonds, has been the subject of extensive analysis in an effort to answer this question. The research, much of it quantitative, has yielded seemingly contradictory results. In this article, we come at the pricing question from a different perspective: we ask government officials responsible for executing their countries’ bond issuance strategies, how and why they choose particular contract terms in their bonds, and specifically about the relevance of pricing information to their ...


Twenty Years Of Trips, Twenty Years Of Debate: The Extension Of High Level Protection Of Geographical Indications – Arguments, State Of Negotiations And Prospects, Friederike Frantz 2016 Golden Gate University School of Law

Twenty Years Of Trips, Twenty Years Of Debate: The Extension Of High Level Protection Of Geographical Indications – Arguments, State Of Negotiations And Prospects, Friederike Frantz

Annual Survey of International & Comparative Law

This paper illustrates the current protection of Geographical Indications (GIs) in TRIPS, the arguments of the parties for and against the high level protection extension and the state of negotiations, with a focus on the European Union (EU) and the U.S. as major advocates for each side of the discussion. The paper examines the prospects of a potential agreement in the extension debate within the WTO and looks at the influence of free trade agreements on the GI extension issue.


Vultures Or Vanguards?: The Role Of Litigation In Sovereign Debt Restructuring, Jill E. Fisch, Caroline M. Gentile 2016 University of Pennsylvania Law School

Vultures Or Vanguards?: The Role Of Litigation In Sovereign Debt Restructuring, Jill E. Fisch, Caroline M. Gentile

Jill Fisch

No abstract provided.


Imprudent Power: Reconsidering U.S. Regulation Of Foreign Tender Offers, Jill E. Fisch 2016 University of Pennsylvania Law School

Imprudent Power: Reconsidering U.S. Regulation Of Foreign Tender Offers, Jill E. Fisch

Jill Fisch

No abstract provided.


Post-Kirtsaeng, 'Material Differences' Between Copyright And Trademark Law's Treatment Of Gray Goods Persist, Charles E. Colman 2016 NYU School of Law

Post-Kirtsaeng, 'Material Differences' Between Copyright And Trademark Law's Treatment Of Gray Goods Persist, Charles E. Colman

Charles Colman

The U.S. Supreme Court’s recent ruling in Kirtsaeng v. John Wiley & Sons would seem no trivial event for stakeholders in content-reliant industries. The upshot of the Court’s decision — that the Copyright Act cannot be used to prevent the unauthorized importation of copies of works, even if manufactured abroad, whose “first sale” has already occurred — will, at least initially, throw a wrench into many companies’ existing business models.

As one would expect, commentary on the decision has been extensive. With few exceptions, however, commentators attempting to predict the impact of Kirtsaeng have not looked beyond copyright law to ...


National Treasure: A Survey Of The Current International Law Regime For Underwater Cultural Heritage, Christian Hoefly 2016 Penn State Law

National Treasure: A Survey Of The Current International Law Regime For Underwater Cultural Heritage, Christian Hoefly

Penn State Journal of Law & International Affairs

No abstract provided.


Addressing The Problem Of Implementing The Hague Abduction Convention On The Civil Aspects Of International Child Abduction Between The U.S. And Mexico, Breanna Atwood 2016 Penn State Law

Addressing The Problem Of Implementing The Hague Abduction Convention On The Civil Aspects Of International Child Abduction Between The U.S. And Mexico, Breanna Atwood

Penn State Journal of Law & International Affairs

No abstract provided.


Controversy Over Information Privacy Arising From The Taiwan National Health Insurance Database Examining The Taiwan Taipei High Administrative Court Judgement No. 102-Su-36 (Tsai V. Nhia), Chen-Hung Chang 2016 American University Washington College of Law

Controversy Over Information Privacy Arising From The Taiwan National Health Insurance Database Examining The Taiwan Taipei High Administrative Court Judgement No. 102-Su-36 (Tsai V. Nhia), Chen-Hung Chang

Pace International Law Review

This article examines the limitations of the application of traditional information privacy theory to disputes relating to modern technologies. If information privacy is understood as an individual’s right to full control over his information, activities involving the collection, process and use of personal data cannot be conducted without the data subject’s consent because his privacy rights would be affected as a result of such activities. Instead of the privacy interest approach, this article introduces a privacy harm approach to reconcile the defects of traditional privacy theory. The privacy interest approach helps identify situations in which an individual’s ...


Good Faith – The Gordian Knot Of International Commerce, Bruno Zeller, Camilla Baasch Andersen 2016 University of Western Australia

Good Faith – The Gordian Knot Of International Commerce, Bruno Zeller, Camilla Baasch Andersen

Pace International Law Review

This paper argues that good faith cannot be defined and furthermore that there is no need to define good faith as it takes on meaning when applied to facts. Hence an explanation or application of good faith is defined by its function namely to enforce the expected performance of both parties. It is further argued that the function of good faith will determine which fact pattern has to be found by a court in order to determine the expected performance of the contractual parties. It follows that good faith is the legal concept which allows courts to do justice and ...


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