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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 ...


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 ...


Dispute Settlement Under The Next Generation Of Free Trade Agreements, Kathleen Claussen 2018 University of Miami School of Law

Dispute Settlement Under The Next Generation Of Free Trade Agreements, Kathleen Claussen

Articles

No abstract provided.


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 ...


2017 International Trade Law Decisions Of The Federal Circuit, Kevin J. Fandl 2018 American University Washington College of Law

2017 International Trade Law Decisions Of The Federal Circuit, Kevin J. Fandl

American University Law Review

No abstract provided.


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 ...


The Dragon And The Eagle: Reforming China’S Securities Ipo Laws In The U.S. Model, Pros And Cons, Stuart R. Cohn, Miao Yinzhi 2018 Levin College of Law, University of Florida

The Dragon And The Eagle: Reforming China’S Securities Ipo Laws In The U.S. Model, Pros And Cons, Stuart R. Cohn, Miao Yinzhi

Washington University Global Studies Law Review

China is about to undergo a major reform of its securities offering and listing processes. Since the inception of China’s securities market in the early 1990s, the government has exercised tight control to determine which companies will be allowed to engage in initial public offerings and become listed on a national exchange. The system has led to both corruption and favoritism and has blocked numerable companies from access to capital markets. With the ascension in 2013 of Xi Jinping and Li Keqiang as the heads of the Chinese Communist Party and Premier, the government adopted reform of the market ...


The International Rule Of Law And Economic Development, Nadia E. Nedzel 2018 Southern University Law Center

The International Rule Of Law And Economic Development, Nadia E. Nedzel

Washington University Global Studies Law Review

The Rule of Law and economic development have long been recognized as being inter-related – a successful society has both. The question is how the two are related. Some scholars argue that common law is more supportive of economic development, while others reject this and argue that the distinctions between common law and civil law have no effect on economic development. This multidisciplinary article approaches the issue from a new contextual perspective that includes economics, philosophy, history, and law. It posits that while the concepts are similar, the common law conception of the Rule of Law (as opposed to the civilian ...


Democratization: A Comparative Analysis Of Lifted Economic Sanctions In Cuba And Burma, Stephanie Amador 2018 Washington University in St. Louis

Democratization: A Comparative Analysis Of Lifted Economic Sanctions In Cuba And Burma, Stephanie Amador

Washington University Global Studies Law Review

Democratization: A Comparative Analysis of Lifted Economic Sanctions in Cuba and Burma


Restoring Trade's Social Contract, Timothy Meyer, Frank J. Garcia 2018 Vanderbilt University Law School

Restoring Trade's Social Contract, Timothy Meyer, Frank J. Garcia

Vanderbilt Law School Faculty Publications

As we write, the United States, Canada, and Mexico are renegotiating 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 reduced consumer prices across the continent ...


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 ...


Separation Of Trade Law Powers, Kathleen Claussen 2018 University of Miami School of Law

Separation Of Trade Law Powers, Kathleen Claussen

Articles

No abstract provided.


The Blurring Of The Public/Private Distinction Or The Collapse Of A Category? The Story Of Investment Arbitration, Guillermo J. Garcia Sanchez 2018 Texas A&M University School of Law

The Blurring Of The Public/Private Distinction Or The Collapse Of A Category? The Story Of Investment Arbitration, Guillermo J. Garcia Sanchez

Faculty Scholarship

The paper is a response piece to Deborah Hensler and Damira Khatam’s new article, Re-inventing Arbitration: How Expanding the Scope of Arbitration Is Re-Shaping Its Form and Blurring the Line Between Private and Public Adjudication. Their main argument regarding the public-private distinction is that the arbitral procedure has changed as a consequence of the substantive issues resolved in this particular ADR system. According to them the arbitral system, which was originally conceived for commercial purposes, has become another way of litigating public law, but without the accountability mechanisms attached to public courts. In this paper, I agree in large ...


Free Trade In Electric Power, Joel B. Eisen, Felix Mormann 2018 Texas A&M University School of Law

Free Trade In Electric Power, Joel B. Eisen, Felix Mormann

Faculty Scholarship

This Article develops the core legal framework of a new electricity-trading ecosystem in which anyone, anytime, anywhere, can trade electricity in any amount with anyone else. The proliferation of solar and other distributed energy resources, business model innovation in the sharing economy, and climate change present enormous challenges — and opportunities — for America’s energy economy. But the electricity industry is ill equipped to adapt to and benefit from these transformative forces, with much of its physical infrastructure, regulatory institutions, and business models a relic of the early days of electrification. We suggest a systematic rethinking to usher in a new ...


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 ...


When The Chinese Intellectual Property System Hits 35, Peter K. Yu 2018 Texas A&M University School of Law

When The Chinese Intellectual Property System Hits 35, Peter K. Yu

Faculty Scholarship

This article explores what it means for the Chinese intellectual property system to hit 35. It begins by briefly recapturing the system’s three phases of development. It discusses the system’s evolution from its birth all the way to the present. The article then explores three different meanings of a middle-aged Chinese intellectual property system – one for intellectual property reform, one for China, and one for the TRIPS Agreement and the global intellectual property community.


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 ...


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 ...


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