The China Currency Issue: Why The World Trade Organization Would Fail To Provide The United States With An Effective Remedy, 2011 Washington College of Law
The China Currency Issue: Why The World Trade Organization Would Fail To Provide The United States With An Effective Remedy, Marcus Sohlberg
Cornell Law School Inter-University Graduate Student Conference Papers
A critical issue in the global trading system that came to the forefront in 2010 concerns exchange rates. Having suffered to various degrees through the worst economic and financial downturn since the Great Depression, many large trading nations have sought to achieve economic recovery through export-led growth. In order to boost international competitiveness, many have engaged in competitive devaluations, i.e. interventions in currency markets to devalue domestic currency. According to Brazilian Finance Minister Guido Mantega this situation has escalated into a “global currency war”.
This paper focuses on China’s practice of maintaining an artificially undervalued currency, and addresses the question …
Autonomía Patrimonial De La Persona Jurídica, 2011 SelectedWorks
Autonomía Patrimonial De La Persona Jurídica, David García
David García
No abstract provided.
The Global Dimension Of The Current Economic Crisis And The Benefits Of Alternative Dispute Resolution, 2011 University of Nevada, Las Vegas -- William S. Boyd School of Law
The Global Dimension Of The Current Economic Crisis And The Benefits Of Alternative Dispute Resolution, Rebecca Golbert
Nevada Law Journal
No abstract provided.
Los Problemas De Agencia Entre Los Acreedores Y El Liquidador: Una Aproximación A Las Soluciones Desde La Jurisprudencia Administrativa, 2011 Selected Works
Los Problemas De Agencia Entre Los Acreedores Y El Liquidador: Una Aproximación A Las Soluciones Desde La Jurisprudencia Administrativa, Pierino Stucchi
Pierino Stucchi
No abstract provided.
Proximate Cause In Maritime Insurance, 2011 UPO Seville (PhD c.)
Proximate Cause In Maritime Insurance, Angelo Giampietro Avv.
Angelo Giampietro Avv.
The proximate cause in marine insurance is the “dominant cause” of the loss. It was decided per Bingham L J in T M Noten BV v Harding that the dominant cause of the loss is to be determined by “applying the common sense of a business or seafaring man.” In determining the proximate cause of the loss, The Court recognized that it had to find the cause that was proximate in efficiency, and to do so they had to apply the test of the sentence expressed by Bingham LJ. Nevertheless, at the light of the recent decision of the Supreme …
Recent Developments In Intellectual Property Law In Nigeria, 2011 Columbia University
Recent Developments In Intellectual Property Law In Nigeria, Ufuoma Barbara Akpotaire
Ufuoma Barbara Akpotaire
Key Point – This article provides an overview of the developments in the field of Intellectual Property (IP) in Nigeria and highlights key issues in 10 recent judgments on IP Law in Nigeria. The cases are organized thematically according to the type of Intellectual Property Rights (IPRs) protected under the Nigerian legal system such as trademarks, copyrights, patents, and designs. The decision to pen this Article is borne out of a conversation with a colleague in New York, who seemed surprised to learn that I had worked as an IP lawyer in Nigeria. My colleague was aware of the existence …
About Sdlp, 2011 American University Washington College of Law
Convener And Commentator: Globalization Of Legal Sources, 2011 Boston College Law School
Convener And Commentator: Globalization Of Legal Sources, Frank Garcia
Frank J. Garcia
No abstract provided.
Una América Varias Integraciones: Retos De La Integración Latinoamericana Desde La Fragmentación Y La Convergencia., 2011 Universidad Externado de Colombia
Una América Varias Integraciones: Retos De La Integración Latinoamericana Desde La Fragmentación Y La Convergencia., Iván A. Rojas V
Iván Rojas V
Rationalizing Costs In Investment Treaty Arbitration, 2011 American University Washington College of Law
Rationalizing Costs In Investment Treaty Arbitration, Susan Franck
Articles in Law Reviews & Other Academic Journals
International investment and related disputes are on the rise. With national courts generally unavailable and difficulties resolving disputes through diplomacy, investment treaties give investors a right to seek redress and arbitrate directly with states. The costs of these investment treaty arbitrations - including the costs of lawyers for both sides, as well as administrative and tribunal expenses - are arguably substantial. This Article offers empirical research indicating that even partial costs could represent more than 10% of an average award. The data suggested a lack of certainty about total costs, which parties had ultimate liability for costs, and the justification …
The Politics And Indirect Effects Of Asymmetrical Bargaining Power In Free Trade Agreements, 2011 University at Buffalo School of Law
The Politics And Indirect Effects Of Asymmetrical Bargaining Power In Free Trade Agreements, Meredith Kolsky Lewis
Contributions to Books
Published as Chapter 2 in The Politics of International Economic Law, Tomer Broude, Marc L. Busch & Amelia Proges, eds.
The World Trade Organization (WTO) has been, and continues to be, shaped in its agreements and institutional foci in significant part by political pressures emanating from its members, particularly those able to wield the most influence. Rather than being an institution with the singular focus of achieving free trade among all members, the WTO comprises a complex set of agreements, many of which represent a politically driven compromise among members as to how to manage trade rather than to liberalize …
Elephants In The Room: Challenges Of Integrating China Into The Wto System, 2011 Singapore Management University
Elephants In The Room: Challenges Of Integrating China Into The Wto System, Henry S. Gao
Research Collection Yong Pung How School Of Law
Since China’s accession to the WTO in late 2001, one of the most intriguing questions for trade analysts has been whether the “new kid on the block” would seek to disrupt the status quo in the WTO upon its entry. This paper answers the question by reviewing China’s participation in two key activities of the WTO, i.e., trade negotiations and dispute settlement, as well as another important component of global trade governance: regional trade agreements (RTAs). Drawing from an in-depth study of China’s record in these activities, the author argues that, overall, China has transformed from a passive “taker” of …
Trips And Its Achilles' Heel, 2011 Texas A&M University School of Law
Trips And Its Achilles' Heel, Peter K. Yu
Faculty Scholarship
Written for the "15 Years of TRIPS Implementation" Symposium, this article examines why the TRIPS Agreement fails to provide effective global enforcement of intellectual property rights. It attributes such failure to five sets of challenges: historical, economic, tactical, disciplinary, and technological.
The article then outlines the various actions taken by both developed and less developed countries to steer the TRIPS Agreement and the larger international intellectual property system toward their preferred positions. While developed countries push for the development of stronger enforcement norms, less developed countries resist those demands and complain about the use of bilateral, plurilateral, and regional trade …
Acta's Constitutional Problem: The Treaty That Is Not A Treaty (Or An Executive Agreement), 2011 American University Washington College of Law
Acta's Constitutional Problem: The Treaty That Is Not A Treaty (Or An Executive Agreement), Sean Flynn
Joint PIJIP/TLS Research Paper Series
The planned entry of the U.S. into the Anti-Counterfeiting Trade Agreement (ACTA) poses a unique Constitutional problem. The problem is that the President lacks constitutional authority to bind the U.S. to the agreement without congressional consent; but that lack of authority may not prevent the U.S. from being bound to the agreement under international law. If the administration succeeds in its plan, ACTA may be a binding international treaty (under international law) that is not a treaty (under U.S. Constitutional law).
Trips Enforcement And Developing Countries, 2011 Texas A&M University School of Law
Trips Enforcement And Developing Countries, Peter K. Yu
Faculty Scholarship
In January 2009, the WTO Dispute Settlement Body released a panel report on China - Measures Affecting the Protection and Enforcement of Intellectual Property Rights. The dispute concerned the inadequacy of protection and enforcement of intellectual property rights in China under the TRIPS Agreement. While both China and the United States were quick to declare victory in this dispute, less developed countries might have become the dispute’s unintended and unannounced winner.
As part of the symposium on the Anti-counterfeiting Trade Agreement (ACTA) and international intellectual property enforcement, this Article focuses on the implications of this panel report for less developed …
The China-Taiwan Ecfa, Geopolitical Dimensions And Wto Law, 2011 Singapore Management University
The China-Taiwan Ecfa, Geopolitical Dimensions And Wto Law, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
This article examines legal and geopolitical aspects of the China-Taiwan Economic Cooperation Framework Agreement (ECFA). It begins by analyzing areas in which the two governments’ measures contravene rules of the World Trade Organization (WTO). In particular, it provides the first detailed examination of the significant implications emerging from the ECFA for cross-straits trade relations and East Asian regionalism. The article also explains how the ECFA was modeled on free trade agreements (FTAs) of the Association of Southeast Asian Nations and assesses the impact of the ECFA’s early harvest program. Finally, the article discusses the ECFA’s consistency with WTO requirements for …
Negotiating The Non-Negotiable: Protecting Human Rights In Negotiating And Implementing Trade Agreements, 2011 Boston College Law School
Negotiating The Non-Negotiable: Protecting Human Rights In Negotiating And Implementing Trade Agreements, Frank Garcia
Frank J. Garcia
No abstract provided.
The Slings And Arrows Of Outrageous Fortune: Can You 'Lose' The Lottery But Still Win?, 2011 University of Manitoba School of Law
The Slings And Arrows Of Outrageous Fortune: Can You 'Lose' The Lottery But Still Win?, Mary J. Shariff, Darcy L. Macpherson
Mary J. Shariff
This article discusses potential legal arguments that can be made for a lottery player in a seemingly hopeless situation: buying a winning lottery ticket immediately before the deadline, only to find out that the ticket was mistakenly dated for the next week’s draw. Although the lottery rules and regulations and the courts’ interpretation thereof are strongly slanted against lottery players, the authors nevertheless argue that a consistent and coherent application of traditional contact law principles could favor the claimant. They note that Canadian courts have rarely been consistent in their application of contract law to lottery situations, with courts sometimes …
La Ciudadanía Económica En El Perú: El Consumidor, 2011 Selected Works
La Ciudadanía Económica En El Perú: El Consumidor, Pierino Stucchi
Pierino Stucchi
No abstract provided.
Franquicia Maestra (Master Franchise), 2011 Selected Works
Franquicia Maestra (Master Franchise), Rodolfo C. Rivas Rea Esq., Marco A. Vargas Iñiguez Esq.
Rodolfo C. Rivas
The authors focus on how the Master Franchise agreement provides a solid legal strategy to expand a successful franchise beyond domestic borders.//////////////////////////////////////////////////Los autores analizan como el contrato de Master Franquicia proporciona una sólida estrategia legal para expandir una exitosa franquicia más allá de las fronteras nacionales.