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Transparency And Disclosure, Diane Ring 2018 Boston College Law School

Transparency And Disclosure, Diane Ring

Diane M. Ring

Without a stable and adequate tax base, countries lose the financial capacity to provide the infrastructure, social services and development opportunities important to their citizens. In response, the G20 and the Organisation for Economic Co-operation and Development (OECD) organized the project on Base Erosion and Profit Shifting (BEPS). Much of the project has been focused on substantive law — the rules and practices that can allow the tax base of a country to be eroded and profits to be shifted out of the country. But the project recognizes that improved substantive tax rules alone are not sufficient to guarantee the tax ...


The Wto Transparency Obligations And China, Henry S. GAO 2018 Singapore Management University

The Wto Transparency Obligations And China, Henry S. Gao

Research Collection School Of Law

When it acceded to the WTO in 2001, China accepted comprehensive transparency obligations as well as substantive commitments covering both market access and rules issues. Initially designed to deal with its opaque trade law regime, the transparency obligations were also expected to help democratize the legislative process and promote the development of the rule of law in China. Now that more than 15 years have passed, an important question is: have the transparency obligations delivered on their original promise? This article answers the question by reviewing how the transparency obligations have worked in practice. It notes that, while transparency has ...


Regulation Of Digital Trade In Us Free Trade Agreements: From Trade Regulation To Digital Regulation, Henry S. GAO 2018 Singapore Management University

Regulation Of Digital Trade In Us Free Trade Agreements: From Trade Regulation To Digital Regulation, Henry S. Gao

Research Collection School Of Law

This article reviews the evolution of rules on digital trade in US Free Trade Agreements (US FTAs), and argues that the US approach has shifted from treating it largely as a traditional trade issue to recognizing its unique digital nature and tailoring the rules accordingly, as it has done in the Trans-Pacific Partnership (TPP) Agreement. The article begins with a review of the efforts to regulate e-commerce in the WTO, as well as the achievements of the pre-TPP US FTAs so far, followed by a critical appraisal of the strengths and weaknesses of the e-commerce chapter in the TPP. It ...


Regulation Of Digital Trade In Us Free Trade Agreements: From Trade Regulation To Digital Regulation, Henry S. GAO 2018 Singapore Management University

Regulation Of Digital Trade In Us Free Trade Agreements: From Trade Regulation To Digital Regulation, Henry S. Gao

Research Collection School Of Law

This article reviews the evolution of rules on digital trade in US Free Trade Agreements (US FTAs), and argues that the US approach has shifted from treating it largely as a traditional trade issue to recognizing its unique digital nature and tailoring the rules accordingly, as it has done in the Trans-Pacific Partnership (TPP) Agreement. The article begins with a review of the efforts to regulate e-commerce in the WTO, as well as the achievements of the pre-TPP US FTAs so far, followed by a critical appraisal of the strengths and weaknesses of the e-commerce chapter in the TPP. It ...


The Wto Transparency Obligations And China, Henry S. GAO 2018 Singapore Management University

The Wto Transparency Obligations And China, Henry S. Gao

Research Collection School Of Law

When it acceded to the WTO in 2001, China accepted comprehensive transparency obligations as well as substantive commitments covering both market access and rules issues. Initially designed to deal with its opaque trade law regime, the transparency obligations were also expected to help democratize the legislative process and promote the development of the rule of law in China. Now that more than 15 years have passed, an important question is: have the transparency obligations delivered on their original promise? This article answers the question by reviewing how the transparency obligations have worked in practice. It notes that, while transparency has ...


Is American Multinational Enterprises’ Honeymoon With The European Union Over?An Analysis Of The European Commission’S Investigations Into American Multinational Enterprises’ Tax Deals With Ireland, Luxembourg And The Netherlands, LUYANG LIU 2018 Loyola Law School, Los Angeles

Is American Multinational Enterprises’ Honeymoon With The European Union Over?An Analysis Of The European Commission’S Investigations Into American Multinational Enterprises’ Tax Deals With Ireland, Luxembourg And The Netherlands, Luyang Liu

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


Does The 1980 Vienna Sales Convention Reflect Universal Values? The Use Of The Cisg As A Model For Law Reform And Regional Specificities, ULRICH G. SCHROETER 2018 University of Basel, Switzerland

Does The 1980 Vienna Sales Convention Reflect Universal Values? The Use Of The Cisg As A Model For Law Reform And Regional Specificities, Ulrich G. Schroeter

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


Assessment And Comparison Of Aviation Manufacturing Industries Throughout Mexico And Brazil, Omar E. Morsi, Kelly A. Whealan-George, Aaron D. Clevenger 2018 Embry-Riddle Aeronautical University

Assessment And Comparison Of Aviation Manufacturing Industries Throughout Mexico And Brazil, Omar E. Morsi, Kelly A. Whealan-George, Aaron D. Clevenger

International Journal of Aviation, Aeronautics, and Aerospace

This literature review serves to provide insight and understanding in regards to the evolving aviation manufacturing industry throughout the globe and more specifically, Mexico and Brazil. Increased demand for aircraft units both in the commercial and private sectors have led to unprecedented expansions in aircraft manufacturing across the industry. In order to illuminate certain potentials and current growth levels of such industries, this review will delve into an array of information and specifications in regards to economic, political, and cultural influences throughout both Mexican and Brazilian markets respectively. In conclusion, the review will identify the transformation of an aviation manufacturing ...


Restoring Trade’S Social Contract, Frank J. Garcia, Timothy Meyer 2018 Boston College Law School

Restoring Trade’S Social Contract, Frank J. Garcia, Timothy Meyer

Frank J. Garcia

As we write, the United States, Canada, and Mexico are meeting in Washington, D.C. to renegotiate the North American Free Trade Agreement (NAFTA). These talks—and their possible failure—represent the biggest shift in U.S. economic policy in a generation. Since NAFTA came into force in 1994, it has transformed the North American economy. NAFTA has made possible continent-wide supply chains, in industries like the auto sector, that have reduced costs and allowed American automakers to remain competitive; it has opened markets for American agriculture; it has greatly increased the standard of living in Mexico; and it has ...


Globalization Without A Safety Net: The Challenge Of Protecting Cross-Border Funding Of Ngos, Lloyd H. Mayer 2018 University of Notre Dame

Globalization Without A Safety Net: The Challenge Of Protecting Cross-Border Funding Of Ngos, Lloyd H. Mayer

Journal Articles

More than 50 countries around the world have sharply increased legal restrictions on both domestic non-governmental organizations (“NGOs”) that receive funding from outside their home country and the foreign NGOs that provide such funding and other support. These restrictions include requiring advance government approval before a domestic NGO can accept cross-border funding, requiring such funding to be routed through government agencies, and prohibiting such funding for NGOs engaged in certain activities. Publicly justified by national security, accountability, and other concerns, these measures often go well beyond what is reasonably supported by such legitimate interests. These restrictions therefore violate international law ...


The Regulation Of Digital Trade In The Tpp: New Trade Rules For The Digital Age, Henry S. GAO 2018 Singapore Management University

The Regulation Of Digital Trade In The Tpp: New Trade Rules For The Digital Age, Henry S. Gao

Research Collection School Of Law

With the rapid development of the internet, electronic commerce is also gaining importance in international trade. However, the rules governing digital trade is still largely lacking. While WTO Members have been discussing the regulation of electronic commerce since the last century, little progress has been made. Instead, most of the progresses are made in various free trade agreements, especially those sponsored by the United States. This article starts with a review of the efforts to regulate e-commerce in the WTO, as well as what the pre-TPP US FTAs have achieved so far, followed by a critical appraisal of the achievements ...


China’S Rise: How It Took On The U.S. At The Wto, Greg SHAFFER, Henry S. GAO 2018 Singapore Management University

China’S Rise: How It Took On The U.S. At The Wto, Greg Shaffer, Henry S. Gao

Research Collection School Of Law

This Article builds from original fieldwork to show what lies behind China’s remarkably successful use of international trade law to take on the United States and Europe. The World Trade Organization (“WTO”) is unique in China’s international relations as it is the only forum where China, with its anti-legalist traditions, has resolved its disputes through law and the use of third-party dispute settlement. After China acceded to the WTO in 2001, it invested massively in building trade law capacity to transform itself and defend itself externally. Through these investments and its increased market power, China became a serious ...


China’S Rise: How It Took On The U.S. At The Wto, Greg SHAFFER, Henry S. GAO 2018 Singapore Management University

China’S Rise: How It Took On The U.S. At The Wto, Greg Shaffer, Henry S. Gao

Research Collection School Of Law

This Article builds from original fieldwork to show what lies behind China’s remarkably successful use of international trade law to take on the United States and Europe. The World Trade Organization (“WTO”) is unique in China’s international relations as it is the only forum where China, with its anti-legalist traditions, has resolved its disputes through law and the use of third-party dispute settlement. After China acceded to the WTO in 2001, it invested massively in building trade law capacity to transform itself and defend itself externally. Through these investments and its increased market power, China became a serious ...


Protecting The Mickey Mouse Ears: Moving Beyond Traditional Campaign-Style Enforcement Of Intellectual Property Rights In China, Adela Hurtado 2018 Fordham Law School

Protecting The Mickey Mouse Ears: Moving Beyond Traditional Campaign-Style Enforcement Of Intellectual Property Rights In China, Adela Hurtado

Fordham Intellectual Property, Media and Entertainment Law Journal

Multinational corporations often struggle to protect their intellectual property rights in China. The Walt Disney Company, which has a long relationship with China, knows this all too well. In fact, counterfeit Mickey Mouse ears—along with numerous other Disney character goods—are now sold in plain sight at the new Shanghai Disneyland Resort. In an attempt to combat counterfeiting, companies such as Disney rely on a traditional method of enforcement of intellectual property rights: government campaigns. Campaigns are short periods of time during which multiple raids and government enforcement actions occur to crack down on counterfeiting. The irony of Disney ...


Regulatory Cooperation In International Trade And Its Transformative Effects On Executive Power, Elizabeth Trujillo 2018 Texas A&M University School of Law

Regulatory Cooperation In International Trade And Its Transformative Effects On Executive Power, Elizabeth Trujillo

Faculty Scholarship

As international trade receives the brunt of local discontent with globalization trends and recent changes by the Trump administration have put into question the viability of such trade arrangements moving forward, there has been a clear trend in using international trade fora for managing regulatory barriers on economic development. This paper will discuss this recent trend in international trade toward increased regulatory cooperation through the creation of formalized transnational regulatory bodies, such as the U.S.-EU Regulatory Cooperation Body that was being discussed in the TTIP negotiations and comparable ones in the Canadian-EU Trade Agreement as well as U ...


Suniva Trade Case Implications For International Trade And The United States Solar Boom, Jessica Vaughn 2018 University of Colorado, Boulder

Suniva Trade Case Implications For International Trade And The United States Solar Boom, Jessica Vaughn

Undergraduate Honors Theses

The purpose of this thesis is to determine the impact of the Suniva Trade Case on international trade and the domestic solar industry. In order to analyze the Suniva Trade Case, I first determined the impact that the tariff is going to have on the price of solar cells for both the U.S. domestic market as well as the international market. The second portion is dedicated to determining the relationship between U.S. domestic solar manufacturing employment and solar installation employment due to the safeguard relief tariff. The background covers the development of the Suniva Trade Case, the International ...


Restoring Trade’S Social Contract, Garcia J. Frank, Timothy Meyer 2018 Boston College Law School

Restoring Trade’S Social Contract, Garcia J. Frank, Timothy Meyer

Michigan Law Review Online

As we write this, U.S. trade policy is falling into deeper and deeper disarray. The United States, Canada, and Mexico are holding frenzied meetings to renegotiate the North American Free Trade Agreement (NAFTA). As recently as October 11, 2017, President Donald Trump warned that he will withdraw the United States from NAFTA if he does not get a deal that is “fair” to American workers. Indeed, the Trump Administration has already pulled the United States out of the Trans-Pacific Partnership (TPP), threatened to withdraw from the United States-Korea Free Trade Agreement (KORUS), and is holding the World Trade Organization ...


Temporary Restraining Orders To Enforce Intellectual Property Rights At Trade Shows: An Empirical Study, Marketa Trimble 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

Temporary Restraining Orders To Enforce Intellectual Property Rights At Trade Shows: An Empirical Study, Marketa Trimble

Scholarly Works

Infringements of intellectual property (IP) rights by exhibitors at trade shows (also called trade fairs or exhibitions), such as infringements committed through exhibitions of or offers to sell infringing products, can be extremely damaging to IP right owners because of the wide exposure that trade shows provide for infringing IP; the promotion of the infringing IP and the contacts made by infringers at trade shows can facilitate further infringements after a trade show that can be very difficult for IP right owners to prevent. IP right owners therefore seek to obtain emergency injunctive relief to stop trade show infringements immediately ...


Restoring Trade’S Social Contract, Frank J. Garcia, Timothy Meyer 2018 Boston College Law School

Restoring Trade’S Social Contract, Frank J. Garcia, Timothy Meyer

Boston College Law School Faculty Papers

As we write, the United States, Canada, and Mexico are meeting in Washington, D.C. to renegotiate the North American Free Trade Agreement (NAFTA). These talks—and their possible failure—represent the biggest shift in U.S. economic policy in a generation. Since NAFTA came into force in 1994, it has transformed the North American economy. NAFTA has made possible continent-wide supply chains, in industries like the auto sector, that have reduced costs and allowed American automakers to remain competitive; it has opened markets for American agriculture; it has greatly increased the standard of living in Mexico; and it has ...


Trade Strategies Of The Tpp-11 Countries: Asian Regionalism In Turbulent Times (European Parliament), Pasha L. HSIEH 2017 Singapore Management University

Trade Strategies Of The Tpp-11 Countries: Asian Regionalism In Turbulent Times (European Parliament), Pasha L. Hsieh

Pasha L. Hsieh

No abstract provided.


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