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

International Trade Law Commons

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

4,976 Full-Text Articles 3,740 Authors 2,392,005 Downloads 143 Institutions

All Articles in International Trade Law

Faceted Search

4,976 full-text articles. Page 1 of 124.

How Hard Can This Be? The Dearth Of U.S. Tax Treaties With Latin America, Patricia A. Brown 2020 University of Miami School of Law

How Hard Can This Be? The Dearth Of U.S. Tax Treaties With Latin America, Patricia A. Brown

University of Miami Law Review

The United States has fewer tax treaties with countries in Latin America and the Caribbean than the United Kingdom, France, Germany, Spain and even China have with such countries. After first describing ways in which tax treaties reduce barriers to cross-border trade and investment, this Article considers in turn various possible explanations for this situation. It examines, and rejects, the hypothesis that Latin American countries are reluctant to enter into tax treaties in general. It then considers, and rejects, the possibility that Latin American countries are opposed to in-creased trade and investment from the United States in particular. It then ...


Privacy Protection(Ism): The Latest Wave Of Trade Constraints On Regulatory Autonomy, Svetlana Yakovleva 2020 University of Miami Law School

Privacy Protection(Ism): The Latest Wave Of Trade Constraints On Regulatory Autonomy, Svetlana Yakovleva

University of Miami Law Review

Countries spend billions of dollars each year to strengthen their discursive power to shape international policy debates. They do so because in public policy conversations labels and narratives matter enormously. The “digital protectionism” label has been used in the last decade as a tool to gain the policy upper hand in digital trade policy debates about cross-border flows of personal and other data. Using the Foucauldian framework of discourse analysis, this Article brings a unique perspective on this topic. The Article makes two central arguments. First, the Article argues that the term “protectionism” is not endowed with an inherent meaning ...


Brexit: A Harbinger Of Change For The European Union, Benjamin D. Hargrove 2020 University of St. Thomas, Minnesota

Brexit: A Harbinger Of Change For The European Union, Benjamin D. Hargrove

University of St. Thomas Law Journal

No abstract provided.


Causing A Sanctions Violation With U.S. Dollars: Differences In Regulatory Language Across Ofac Sanctions Programs, Christine Abely 2020 Middleton Shrull & Bock

Causing A Sanctions Violation With U.S. Dollars: Differences In Regulatory Language Across Ofac Sanctions Programs, Christine Abely

Georgia Journal of International & Comparative Law

No abstract provided.


Trade Multilateralism And U.S. National Security: The Making Of The Gatt Security Exceptions, Mona Pinchis-Paulsen 2020 Stanford Law School

Trade Multilateralism And U.S. National Security: The Making Of The Gatt Security Exceptions, Mona Pinchis-Paulsen

Michigan Journal of International Law

Today, there are an unprecedented number of disputes at the World Trade Organization (“WTO”) involving national security. The dramatic rise in trade disputes involving national security has resuscitated debate over the degree of discretion afforded to WTO Members as to when and how to invoke Article XXI, the Security Exception, of the General Agreement on Tariffs and Trade (“GATT”), with binding effect. The goal of this article is to shed light on contemporary questions and concerns involving national security and international trade, particularly questions involving the appropriate invocation of Article XXI GATT, through careful attention to the article’s historical ...


Identifying Fundamental Breach Of Article 25 And 49 Of The Cisg: The Good Faith Duty Of Collaborative Efforts To Cure Defects - Make The Parties Draw A Line In The Sand Of Substantiality, Yasutoshi Ishida 2020 Himeji-Dokkyo University

Identifying Fundamental Breach Of Article 25 And 49 Of The Cisg: The Good Faith Duty Of Collaborative Efforts To Cure Defects - Make The Parties Draw A Line In The Sand Of Substantiality, Yasutoshi Ishida

Michigan Journal of International Law

Article 49(1) of the CISG allows buyers of international goods to avoid their sales contracts “if the failure by the seller to perform . . . amounts to a fundamental breach.” A breach is “fundamental,” as defined by CISG article 25, when it causes the buyer such detriment “as substantially to deprive him of what he is entitled to expect under the contract.” This definition is followed by the so-called “foreseeability test,” an “unless” clause that excepts the situation where “the party in breach did not foresee[,] and a reasonable person of the same kind in the same circumstances would not have ...


Preventing The Bad From Getting Worse: The End Of The World (Trade Organization) As We Know It?, Bernard Hoekman, Petros C. Mavroidis 2020 European University Institute, Robert Schuman Centre for Advanced Studies (RSCAS)

Preventing The Bad From Getting Worse: The End Of The World (Trade Organization) As We Know It?, Bernard Hoekman, Petros C. Mavroidis

Faculty Scholarship

Recent survey evidence and proposals made in long-running negotiations to improve WTO dispute settlement procedures illustrate that many stakeholders believe the system needs improvement. The Appellate Body crisis could have been avoided but for the use of consensus as WTO working practice. Resolving the crisis should prove possible because the matter mostly concerns a small number of more powerful WTO members. We make several proposals to revitalize the WTO appellate function but argue that unless the WTO becomes a locus for new rulemaking, re-establishing the appellate function will not prevent a steady decline in the salience of the organization. A ...


State Of Dilution: How U.S. Trademark And Anti-Dilution Law Violates The Agreement On Trade-Related Aspects Of Intellectual Property Rights, Sherwet Witherington 2020 American University Washington College of Law

State Of Dilution: How U.S. Trademark And Anti-Dilution Law Violates The Agreement On Trade-Related Aspects Of Intellectual Property Rights, Sherwet Witherington

American University International Law Review

No abstract provided.


The Mexican Petroleum License Of 2013: A Step To The Past To Bring Mexico Into The Present And The Grounds For An Uncertain Future, Guillermo Garcia Sanchez 2019 Texas A&M University School of Law

The Mexican Petroleum License Of 2013: A Step To The Past To Bring Mexico Into The Present And The Grounds For An Uncertain Future, Guillermo Garcia Sanchez

Guillermo J. Garcia Sanchez

Petroleum in Mexico is not only a resource that has been used and abused by the State to finance its operations; petroleum runs in the veins of its national identity—oil rigs, barrels, and the State-owned company’s eagle are present in monuments across the nation and featured on coins and circulation bills.Official history books tell the story of how the Mexican revolution was fought partly to regain control of the hydrocarbons sector, which in 1910 was dominated by international oil companies. Consequently, to understand the legal nature of the Mexican petroleum license, one needs to review the history ...


Of Sustainable Development In Africa: Addressing The (In)Congruence Of Plastic Bag Regulations With International Trade Rules, Regis Y, Simo 2019 Brooklyn Law School

Of Sustainable Development In Africa: Addressing The (In)Congruence Of Plastic Bag Regulations With International Trade Rules, Regis Y, Simo

Brooklyn Journal of International Law

Several aspects of the trade policies of African countries suffer from neglect in the legal literature. When they are the object of research, the focus is sometimes limited to their participation in the dispute settlement system or on the enforceability of special and differential treatment provisions. While practice displays that African countries have almost never been the target of complaints for a number a reasons, those approaches do not always take into consideration African countries’ domestic measures affecting the flow of goods and services, which could eventually trigger disputes. This paper intends to fill that gap and add to the ...


Governance Interactions In Sustainable Supply Chain Management, Errol Meidinger 2019 University at Buffalo School of Law

Governance Interactions In Sustainable Supply Chain Management, Errol Meidinger

Contributions to Books

Published as Chapter 3 in Transnational Business Governance Interactions: Enhancing Regulatory Capacity, Ratcheting up Standards, and Empowering Marginalized Actors, Stepan Wood, Rebecca Schmidt, Errol Meidinger,Burkard Eberlein, and Kenneth W. Abbot, eds.

Supply chains are a major site of transnational business governance, and yet their dynamics and effectiveness are usually more assumed than interrogated in regulatory governance discourse. The very term ‘chain’ implies a more determinist and simplistic understanding of supply relationships than is empirically supportable. Supply chains in practice are complex, dynamic, and highly variable networks. Based on peer-group presentations by more than sixty supply chain professionals, this chapter ...


The Oecd Multilateral Tax Instrument: A Model For Reforming The International Investment Regime?, Wolfgang Alschner 2019 Brooklyn Law School

The Oecd Multilateral Tax Instrument: A Model For Reforming The International Investment Regime?, Wolfgang Alschner

Brooklyn Journal of International Law

The international tax and investment regimes display striking similarities. They are both based on thousands of bilateral treaties that follow similar principles but differ in fine print. They each facilitate the free flow of international capital by respectively disciplining fiscal and regulatory host state conduct. Finally, they share common historical foundations and have experienced similar periods of rapid diffusion and deep contestation. Yet, while the international tax regime recently accomplished a sweeping reform to solve a decades-old legitimacy crisis, the investment regime is still grappling with its own legitimacy crisis and reform. In 2018, the multilateral tax instrument (MLI) entered ...


Towards A New Generation In Central American Trade: Proposals For Modernizing Cafta-Dr, Julia E. Johnson 2019 Pace University

Towards A New Generation In Central American Trade: Proposals For Modernizing Cafta-Dr, Julia E. Johnson

Pace International Law Review

To the surprise of many, the Trump Administration has signaled its intent to renegotiate the Dominican Republic-Central America Free Trade Agreement (CAFTA-DR). Why is the possible renegotiation of CAFTA-DR a surprise? CAFTA-DR has been largely favorable to the United States (U.S.)—the U.S. has enjoyed significant trade surpluses with CAFTA-DR countries since its ratification. CAFTA-DR has also promoted regional integration and co-production in Central America.Trade flows in and out of Central America have increased significantly. On balance, CAFTA-DR has benefitted all signatory nations from a trade standpoint, though it has left unaddressed a myriad of social, humanitarian ...


The International Law Of Corporate Governance, Ram Sachs 2019 Pace University

The International Law Of Corporate Governance, Ram Sachs

Pace International Law Review

International economic agreements increasingly touch on fundamental principles of corporate governance. The trend contrasts with existing scholarship, which assumes corporate law evolves via domestic mechanisms. This Article introduces the EU-Japan Economic Partnership Agreement, with its dedicated chapter on corporate governance, as a case study. At the normative level, the emergence of corporate governance in international agreements represents a positive development by enabling countries to signal and put into action commitments for better governance. Given these recent developments, the field of comparative corporate governance should incorporate international agreements as an emerging source of law.


Improving Human Rights Compliance In Supply Chains, Kishanthi Parella 2019 Washington and Lee University School of Law

Improving Human Rights Compliance In Supply Chains, Kishanthi Parella

Notre Dame Law Review

Corporations try to convince us that they are good global citizens: “brands take stands” by engaging in cause philanthropy; CEOs of prominent corporations tackle a variety of issues; and social values drive marketing strategies for goods and services. But despite this rhetoric, corporations regularly fall short in their conduct. This is especially true in supply chains where a number of human rights abuses frequently occur. One solution is for corporations to engage in meaningful human rights due diligence that involves monitoring human rights, reporting on social and environmental performance, undertaking impact assessments, and consulting with groups whose human rights they ...


How Countries Seek To Strengthen Anti-Money Laundering Laws In Response To The Panama Papers, And The Ethical Implications Of Incentivizing Whistleblowers, Carmina Franchesca S. Del Mundo 2019 Northwestern Pritzker School of Law

How Countries Seek To Strengthen Anti-Money Laundering Laws In Response To The Panama Papers, And The Ethical Implications Of Incentivizing Whistleblowers, Carmina Franchesca S. Del Mundo

Northwestern Journal of International Law & Business

The Panama Papers is currently the world’s largest whistleblower case that involved 11.5 million leaked documents and over 214,000 offshore entities. It all linked back to one Panamanian law firm, Mossack Fonseca. In 2016, over 400 investigative journalists collaboratively and simultaneously published stories that exposed the money laundering and tax-evading schemes committed by the rich and powerful. This included political figures and heads of states, celebrities, sports figures, criminal organizations, and terrorist groups.

This article aims to dissect the innerworkings of Mossack Fonseca’s asset-shielding strategy and investigate how the Panamanian law firm was able to circumvent ...


Investment In Latin America Will Limit Migration North, Ryan J. O'Riordan, Stanley P. Kowalski 2019 University of New Hampshire School of Law

Investment In Latin America Will Limit Migration North, Ryan J. O'Riordan, Stanley P. Kowalski

Law Faculty Scholarship

The refugee crisis at the US Southern Border is due to multiple compounding factors: Latin America’s over-reliance on commodities, failure to economically diversify to innovation, and a lack of coherent US strategic engagement with the region. The situation is hemispheric; imploding states and a serious humanitarian calamity loom ever larger on the southern horizon. Since this represents a long-term problem requiring strategic and sustainable development initiatives, a new Alliance for Progress for the 21st Century is proposed which will build partnerships to advance innovation-driven development across the region.


Logistics Performance And Its Impact To Exports Growth Of Sri Lanka, Sebastian Shanika Roshini 2019 World Maritime University

Logistics Performance And Its Impact To Exports Growth Of Sri Lanka, Sebastian Shanika Roshini

World Maritime University Dissertations

No abstract provided.


The Role Of Port Authority In Hybrid Governance Structure: A Comparative Case Study Of Laem Chabang Port And Bangkok Port, Thailand, Yatimaporn Poontai 2019 World Maritime University

The Role Of Port Authority In Hybrid Governance Structure: A Comparative Case Study Of Laem Chabang Port And Bangkok Port, Thailand, Yatimaporn Poontai

World Maritime University Dissertations

No abstract provided.


Impact Of Umm Qasr Port On Iraqi Trade: Case Study Of Container Terminal In Umm Qasr Port, Asaad Saeed Desher 2019 World Maritime University

Impact Of Umm Qasr Port On Iraqi Trade: Case Study Of Container Terminal In Umm Qasr Port, Asaad Saeed Desher

World Maritime University Dissertations

No abstract provided.


Digital Commons powered by bepress