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4,666 full-text articles. Page 5 of 114.

Between Power Politics And International Economic Law: Asian Regionalism, The Trans-Pacific Partnership And U.S.-China Trade Relations, Jiangyu Wang 2018 Faculty of Law, National University of Singapore

Between Power Politics And International Economic Law: Asian Regionalism, The Trans-Pacific Partnership And U.S.-China Trade Relations, Jiangyu Wang

Pace International Law Review

This Article examines the interactions of power politics and international economic law in the development of regionalism in Asia, particularly in the context of United States-China trade relations. It argues that the process of regional economic integration in Asia has been slow-moving because of the politicization of regionalism by power rivalries. China’s initial regional integration initiatives apparently ignored the United States, a superpower which has always been a major player in Asia and an indispensable part of the region’s economic process. The United States-led Trans-Pacific Partnership was allegedly designed to exclude China, Asia’s largest economy. On the ...


Cisg Article 79: Exemption Of Performance, And Adaptation Of Contract Through Interpretation Of Reasonableness-Full Of Sound And Fury, But Signifying Something, Yasutoshi Ishida 2018 Himeji-Dokkyo University, Japan

Cisg Article 79: Exemption Of Performance, And Adaptation Of Contract Through Interpretation Of Reasonableness-Full Of Sound And Fury, But Signifying Something, Yasutoshi Ishida

Pace International Law Review

Article 79 of the CISG provides that “[a] party is not liable for a failure to perform any of his obligations” if the party has encountered a certain impediment defined therein. It was once depicted as “the Convention’s least successful part of the half-century of work.” It has been thirty years since the CISG took effect. However, the interpretation of Article 79 is as old and unsuccessful as ever. For one thing, it has long been interpreted against our intuition, not to exempt a party from specific performance claims. For another, the controversy has long continued unsettled over whether ...


Rethinking International Investment Governance: Principles For The 21st Century, Frank J. Garcia, Emma Aisbett, Bernali Choudhury, Olivier de Schutter, James Harrison, Song Hong, Lise Johnson, Mouhamadou Kane, Santiago Peña, Mattew Porterfield, Susan Sell, Stephen E. Shay, Louis T. Wells 2018 Boston College Law School

Rethinking International Investment Governance: Principles For The 21st Century, Frank J. Garcia, Emma Aisbett, Bernali Choudhury, Olivier De Schutter, James Harrison, Song Hong, Lise Johnson, Mouhamadou Kane, Santiago Peña, Mattew Porterfield, Susan Sell, Stephen E. Shay, Louis T. Wells

Boston College Law School Faculty Papers

Rethinking International Investment Governance: Principles for the 21st Century - written over the course of a week by a distinguished group of experts in international economic governance using the Booksprint process - aims to serve as a practical resource for those interested in the elements of an international investment system that promotes sustainable development and achieves legitimacy by providing benefits to all stakeholders.

The objective of Rethinking International Investment Governance is to change the terms of the debate so that societal values and goals are at the center of discussions about each reform proposal and process. This book rethinks international investment law ...


Trade Secret Hacking, Online Data Breaches, And China's Cyberthreats, Peter K. Yu 2018 Texas A&M University School of Law

Trade Secret Hacking, Online Data Breaches, And China's Cyberthreats, Peter K. Yu

Peter K. Yu

Online hacking from China, Iran, North Korea, Russia, and other parts of the world has caught the attention of U.S. policymakers, commentators, and the American public. For example, the discussion of the systematic attacks launched by potentially government-sponsored Chinese hackers reinforces the view that China is using all means necessary to compete against the United States. Most recently, the unprecedented cyberattack on Sony's movie studio also delayed and scaled back the nationwide theatrical release of the film The Interview. This attack led President Obama to call for greater cooperation between the government and the private sector to protect ...


Building Intellectual Property Coalitions For Development, Peter K. Yu 2018 Texas A&M University School of Law

Building Intellectual Property Coalitions For Development, Peter K. Yu

Peter K. Yu

The adoption of the WIPO Development Agenda in October 2007 has provided less developed countries with a rare and unprecedented opportunity to reshape the international intellectual property system in a way that would better advance their interests. However, if these countries are to succeed, they need to take advantage of the current momentum, coordinate better with other countries and nongovernmental organizations, and more actively share with others their experience, knowledge, and best practices.

Commissioned by the EDGE (Emerging Dynamic Global Economies) Network of the University of Ottawa, this paper begins by explaining how building intellectual property coalitions for development (IPC4D ...


Temporary Restraining Orders To Enforce Intellectual Property Rights At Trade Shows: An Empirical Study, Marketa Trimble 2018 Brooklyn Law School

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

Brooklyn Law Review

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 ...


Dictum On Dicta: Obiter Dicta In Wto Disputes, Henry S. GAO 2018 Singapore Management University

Dictum On Dicta: Obiter Dicta In Wto Disputes, Henry S. Gao

Research Collection School Of Law

This paper discusses an important legal issue raised by the United States in its recent attempt to block the reappointment of an Appellate Body member. According to the US, in some of his decisions, the member has made overreaching findings that amount to obiter dicta. As obiter dictum is a unique concept in the Common Law system, the US argument may only stand if the concept may be found in the WTO legal system as well. With a careful analysis of the concept of dicta in Common Law and a close examination of the effects of past panel and Appellate ...


Non-Parties: The Negative Externalities Of Regional Trade Agreements In A Private Law Perspective, Daniela Caruso 2018 Boston University School of Law

Non-Parties: The Negative Externalities Of Regional Trade Agreements In A Private Law Perspective, Daniela Caruso

Faculty Scholarship

In private law theory and in international trade law alike, a new strand of scholarship has emerged in recent years. This strand is characterized by a focus on market actors who are excluded from deals struck by other parties and suffer economic hardship as a result. Scholars have also focused on doctrines and legal concepts apt to identify this type of hardship and to provide non-parties with justiciable claims and remedies. Private-law and trade-law scholars involved in this mode of research are often moved by justice concerns and by the realization that rules based solely on the enforcement of bilateral ...


Los 60 Años De La Convención De Nueva York Y La Práctica Jurisprudencial Internacional Frente Al Reconocimiento Y Ejecución De Laudos Extranjeros Anulados En La Sede Del Arbitraje, Marlon M. Meza-Salas 2018 University of Miami Law School

Los 60 Años De La Convención De Nueva York Y La Práctica Jurisprudencial Internacional Frente Al Reconocimiento Y Ejecución De Laudos Extranjeros Anulados En La Sede Del Arbitraje, Marlon M. Meza-Salas

University of Miami International and Comparative Law Review

No abstract provided.


Bg Group V. Argentina: A Reiteration Of Undesired Complexity For A Simple Principle: Kompetenz-Kompetenz Under The Faa And The Uncitral Model Law, Ndifreke Uwem 2018 University of Miami Law School

Bg Group V. Argentina: A Reiteration Of Undesired Complexity For A Simple Principle: Kompetenz-Kompetenz Under The Faa And The Uncitral Model Law, Ndifreke Uwem

University of Miami International and Comparative Law Review

No abstract provided.


Does Trade Trump Law In The Protection Of Human Rights? International Trade, Law, And Human Rights In South Africa And South Korea, Cristina Campo 2018 University of Miami Law School

Does Trade Trump Law In The Protection Of Human Rights? International Trade, Law, And Human Rights In South Africa And South Korea, Cristina Campo

University of Miami International and Comparative Law Review

International relations have become categorically dependent on the sophisticated trading systems that interconnect and empower sovereign states. Thus, a state’s focus on protecting the rights of its individuals comprising and affected by that system would appear to come secondary to the economic decisions involved in conducting trade agreements. This article asks whether the international trade regime can be used to further the protection of human rights or whether such protection should be better left in the hands of legal entities in international bodies and sovereign states. I analyze South Korea and South Africa’s legal and trade regimes—two ...


Ip Enforcement Under The Tpp: Civil And Administrative Procedures And Remedies, Provisional Measures In Tpp (Articles 18.71–18.76), J. Janewa Osei-Tutu 2018 Florida International University

Ip Enforcement Under The Tpp: Civil And Administrative Procedures And Remedies, Provisional Measures In Tpp (Articles 18.71–18.76), J. Janewa Osei-Tutu

Science and Technology Law Review

No abstract provided.


Copyright, Rights Management, And The Trans-Pacific Partnership: Best Practices, Cole Davis 2018 Southern Methodist University

Copyright, Rights Management, And The Trans-Pacific Partnership: Best Practices, Cole Davis

Science and Technology Law Review

No abstract provided.


Trade Secrets, Safe Harbors, And International Trade, W. Keith Robinson 2018 Southern Methodist University, Dedman School of Law

Trade Secrets, Safe Harbors, And International Trade, W. Keith Robinson

Science and Technology Law Review

No abstract provided.


Patents, Industrial Designs, And The Trans-Pacific Partnership: Articles 18.37–18.46 And 18.55–18.56, David O. Taylor, Aaron Pirouznia 2018 Southern Methodist University, Dedman School of Law

Patents, Industrial Designs, And The Trans-Pacific Partnership: Articles 18.37–18.46 And 18.55–18.56, David O. Taylor, Aaron Pirouznia

Science and Technology Law Review

No abstract provided.


Book Review: Business And Commercial Litigation In Federal Courts (Fourth), Roger Z. Bollman 2018 Penn State Law

Book Review: Business And Commercial Litigation In Federal Courts (Fourth), Roger Z. Bollman

Penn State Journal of Law & International Affairs

No abstract provided.


Failing Our Workers: How The Fmla And Rfra Disadvantage Female Workers In The United States When Compared To Their European Union Counterparts, Penelope Scudder 2018 Penn State Law

Failing Our Workers: How The Fmla And Rfra Disadvantage Female Workers In The United States When Compared To Their European Union Counterparts, Penelope Scudder

Penn State Journal of Law & International Affairs

No abstract provided.


One Size Fits All: Unaccompanied Alien Children And The Right To Appointed Counsel, Ginny Nunez, Esq. 2018 Penn State Law

One Size Fits All: Unaccompanied Alien Children And The Right To Appointed Counsel, Ginny Nunez, Esq.

Penn State Journal of Law & International Affairs

No abstract provided.


Child Soldiers In Myanmar: Role Of Myanmar Government And Limitations Of International Law, Prajakta Gupte 2018 Penn State Law

Child Soldiers In Myanmar: Role Of Myanmar Government And Limitations Of International Law, Prajakta Gupte

Penn State Journal of Law & International Affairs

No abstract provided.


The "Leniency Epidemic": A Study Of Leniency Granted To Convicted Rapists In America And Australia, Kathleen Tierney 2018 Penn State Law

The "Leniency Epidemic": A Study Of Leniency Granted To Convicted Rapists In America And Australia, Kathleen Tierney

Penn State Journal of Law & International Affairs

No abstract provided.


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