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4452 full-text articles. Page 6 of 111.

Independent Guarantee Clauses In Cisg Contracts, Edgardo Muñoz 2017 Selected Works

Independent Guarantee Clauses In Cisg Contracts, Edgardo Muñoz

Edgardo Muñoz

No abstract provided.


Obligations Versus Rights: Substantive Difference Between Wto And International Investment Law, Chios Carmody 2017 University of Western Ontario

Obligations Versus Rights: Substantive Difference Between Wto And International Investment Law, Chios Carmody

Law Publications

WTO law remains relatively uncontentious whereas international investment law elicits much more debate. This article posits that the differences in reception are attributable to deeper substantive differences about what is protected under each regime. In WTO law what is protected is the sum total of all commitments and concessions under the WTO Agreement, something that can be thought of as a “public” good. When a country injures that good, the remedy is for the country to cease the injury, a requirement that naturally places emphasis on obligation. In international investment law, by contrast, what is protected is individualized to a ...


Cinderella Sovereignty, Anna Gelpern 2017 Georgetown University Law Center

Cinderella Sovereignty, Anna Gelpern

Georgetown Law Faculty Publications and Other Works

Joseph Blocher and Mitu Gulati propose an insightful and thought-provoking critique of the barriers to secession under public international law. The critique an important contribution in its own right. I wish it had not been eclipsed by the authors’ clever and provocative fix: turning sovereignty into a tradable commodity. I suspect that this fix would bring about more suffering than the status quo for two reasons. First, a market for sovereign control is unlikely to be a market in any meaningful sense. Therefore, trading sovereignty would not discipline oppressors. Second, should something like a real market materialize, it could diminish ...


Investment Treaties Are About Justice, Frank J. Garcia 2017 Boston College Law School

Investment Treaties Are About Justice, Frank J. Garcia

Frank J. Garcia

This Perspective argues that investment law is ripe for a paradigm shift away from pure capital protection. Rather, investment law should be recognized as part of a comprehensive global economic governance system for ensuring justice and the rule of law, in this case in the allocation of investment capital.


The Mexican Maquiladora: Rumors Of Its Death Are Premature (A Panel Discussion), Michael W. Gordon, Carlos Angulo Parra, Edmundo Elias-Fernandez, John H. Christman, Margaret E. Montoya 2017 University of New Mexico School of Law

The Mexican Maquiladora: Rumors Of Its Death Are Premature (A Panel Discussion), Michael W. Gordon, Carlos Angulo Parra, Edmundo Elias-Fernandez, John H. Christman, Margaret E. Montoya

Margaret Montoya

No abstract provided.


The U.S. Supreme Court And The Alvarez-Machain Cases: Recasting International Law, Sherri Burr 2017 University of New Mexico

The U.S. Supreme Court And The Alvarez-Machain Cases: Recasting International Law, Sherri Burr

Sherri Burr

No abstract provided.


The Death Of Opec? The Displacement Of Saudi Arabia As The World's Swing Producer And The Futility Of An Output Freeze, Christopher Hanewald 2017 Indiana University Maurer School of Law

The Death Of Opec? The Displacement Of Saudi Arabia As The World's Swing Producer And The Futility Of An Output Freeze, Christopher Hanewald

Indiana Journal of Global Legal Studies

On November 27, 2014, the Organization of Petroleum Exporting Countries met in Vienna and adopted a bold stance against increasing supply from beyond the reach of the cartel. Rather than reduce their own production, the cartel decided to allow market forces to dictate the price of a barrel of oil. By doing this, Saudi Arabia-the de-facto leader of the cartel-made a bet that the burgeoning shale gas industry within the United States would be unable to cope with a sharp fall in the price of oil. Over the course of the following two years, the U.S. energy sector-aided by ...


The Trans-Pacific Partnership: Intellectual Property, Public Health, And Access To Essential Medicines, Matthew Rimmer 2017 Queensland University of Technology

The Trans-Pacific Partnership: Intellectual Property, Public Health, And Access To Essential Medicines, Matthew Rimmer

Matthew Rimmer

The mega-regional agreement, the Trans-Pacific Partnership, put forward a radical model for the regulation of intellectual property and access to medicines across the Pacific Rim. The trade agreement makes reference to the framework established by the TRIPS Agreement 1994, the Doha Declaration on the TRIPS Agreement and Public Health 2001, and the WTO General Council Decision 2003 (which has been incorporated into the TRIPS Agreement 1994 as an amendment in 2017). Nonetheless, it does little to positively advance public health and access to medicines. The Trans-Pacific Partnership seeks to maximise the intellectual property rights of pharmaceutical drug companies. The agreement ...


There’S No Such Thing As A Free Trade (Agreement): The Environmental Costs Of The Trans-Pacific Partnership, Paul Nuñez 2017 University of Miami Law School

There’S No Such Thing As A Free Trade (Agreement): The Environmental Costs Of The Trans-Pacific Partnership, Paul Nuñez

University of Miami Inter-American Law Review

The global community is quickly approaching the limits of the carbon budget meant to keep the effects of climate change below 2 degrees Celsius. Yet, the Countries involved in negotiating the Trans-Pacific Partnership only incrementally strengthened the environmental protections contained within the agreement compared to other recent Free Trade Agreements. As with most Free Trade Agreements, the environmental community fears that any beneficial effect from the Trans-Pacific Partnership’s environmental provisions will be more than outweighed by its environmentally destructive consequences. The investor protection provisions are especially concerning to many environmental groups as these protections allow companies to sue governments ...


The New Era Of Doing Business With Iran: Iran’S International Commercial Transactions And Global Security, John Changiz Vafai 2017 Archival Magazine

The New Era Of Doing Business With Iran: Iran’S International Commercial Transactions And Global Security, John Changiz Vafai

Pace International Law Review

On January 17, 2016, in a statement following his signing of the Joint Comprehensive Plan of Action (JCPOA) with Iran, President Obama addressed that country’s people, stating that “yours is a great civilization, with a vibrant culture that has so much to contribute to the world – in commerce, and in science and the arts.” While the former U.S. President’s evaluation of the Iranian people’s greatness is indisputable, there are questions concerning doing business with Iran which transcend conventional legal issues and commercial problems.

Given the juxtaposition of Iran’s duopolistic government structure and ideologically oriented decision-making ...


Panel Discussion: A Comparison Of Ley De Quiebras Y Suspension De Pagos With The New Ley De Concursos Mercantiles, Michael L. Owen, Nathalie Martin, Orlando Loera, Douglas A. Doetsch, Jose Maria Abascal, Luis Manuel Mejan, Stephen Kargman, Anthony McCarthy 2017 Selected Works

Panel Discussion: A Comparison Of Ley De Quiebras Y Suspension De Pagos With The New Ley De Concursos Mercantiles, Michael L. Owen, Nathalie Martin, Orlando Loera, Douglas A. Doetsch, Jose Maria Abascal, Luis Manuel Mejan, Stephen Kargman, Anthony Mccarthy

Nathalie Martin

No abstract provided.


Que Es La Diferencia?: A Comparison Of The First Days Of A Business Reorganization Case In Mexico And The United States, Nathalie Martin 2017 University of New Mexico

Que Es La Diferencia?: A Comparison Of The First Days Of A Business Reorganization Case In Mexico And The United States, Nathalie Martin

Nathalie Martin

No abstract provided.


Annals Of International Studies (Annales D'9tudes Internationales)., Josef Rohlik 2017 St. Louis University

Annals Of International Studies (Annales D'9tudes Internationales)., Josef Rohlik

Georgia Journal of International & Comparative Law

No abstract provided.


European Economic Community-Community Law-National Economic Measures-In The Economic Sectors Governed By A Common Market Organization, Especially When Such An Organization Rests On A Common Pricing System, The Member States May Not Intervene Unilaterally By Means Of Internal Provisions In The Process Of Price Formation Determined By The Common Organization, Harold L. Hooks Jr 2017 University of Georgia School of Law

European Economic Community-Community Law-National Economic Measures-In The Economic Sectors Governed By A Common Market Organization, Especially When Such An Organization Rests On A Common Pricing System, The Member States May Not Intervene Unilaterally By Means Of Internal Provisions In The Process Of Price Formation Determined By The Common Organization, Harold L. Hooks Jr

Georgia Journal of International & Comparative Law

No abstract provided.


European Economic Community-Free Movement Of Goods-Legislation Of A Member State, Reserving Certain Wine Appellations For Domestic Products Only, Has An Effect Equivalent To Prohibited Quantitative Restrictions If Such Appellations Do Not Describe Wine Products Which Possess Qualities And Characteristics Attributable To Their Geographic Origin, Julie M. Clifford 2017 University of Georgia School of Law

European Economic Community-Free Movement Of Goods-Legislation Of A Member State, Reserving Certain Wine Appellations For Domestic Products Only, Has An Effect Equivalent To Prohibited Quantitative Restrictions If Such Appellations Do Not Describe Wine Products Which Possess Qualities And Characteristics Attributable To Their Geographic Origin, Julie M. Clifford

Georgia Journal of International & Comparative Law

No abstract provided.


International Commodity Agreements, Kenneth Klein 2017 University of Georgia School of Law

International Commodity Agreements, Kenneth Klein

Georgia Journal of International & Comparative Law

No abstract provided.


Transparency Evolution: More Than The Right To Know, Ljiljana Biuković 2017 Allard School of Law at the University of British Columbia

Transparency Evolution: More Than The Right To Know, Ljiljana Biuković

Faculty Publications

Providing an analysis of global regulation and the impact of international organizations on domestic laws, this collection grew out of a central objective to explore methods of domestic engagement with international trade and human rights norms, and the inherent difficulties in establishing balanced links between these two international law regimes. The common thread of the papers in this collection is a focus on the application of socio-legal normative paradigms in building knowledge and policy support for coordinating local performance with international trade and human rights standards in ways that are mutually sustaining.


Plain Tobacco Packaging’S Impact On International Trade And The Family Smoking Prevention And Tobacco Control Act In The U.S. And Drafting Suggestions, Sunil S. Gu 2017 Washington University School of Law

Plain Tobacco Packaging’S Impact On International Trade And The Family Smoking Prevention And Tobacco Control Act In The U.S. And Drafting Suggestions, Sunil S. Gu

Washington University Global Studies Law Review

Despite its legal status, tobacco products, due to the potential harmful effects on health, have never been free from various governmental regulations. However, it was easier said than done to regulate them as governments wished, and in fact there were numerous failed attempts. Thus, governments tried to come up with a better and more effective regulation that will reduce the tobacco consumption thereby promoting public health, under the name of public health of their citizens. And plain tobacco packaging measures are the latest solution suggested.

The introduction of the plain tobacco measures has stirred huge controversy (understandably so), since it ...


Treaty-Based Claims Against Subdivisions Of Icsid Contracting States, Douglas Pivnichny 2017 Washington University School of Law

Treaty-Based Claims Against Subdivisions Of Icsid Contracting States, Douglas Pivnichny

Washington University Global Studies Law Review

This article primarily concerns the juridical personality of States in public international law, how this has changed in the 20th century, and potential consequences of these developments in the field of investor-State arbitration. Specifically, it asks whether a subdivision of a federal State made subject to the jurisdiction of the International Centre for the Settlement of Investment Disputes (“ICSID” or “the Centre”) under Article 25 of the ICSID Convention may be responsible as a juridical person independent of its State for violating an investment treaty (e.g., a bilateral investment treaty (“BIT”) or the investment chapter of a free-trade agreement ...


Can The United States Impose Trade Sanctions On China For Currency Manipulation?, Daniel C.K. Chow 2017 Ohio State University College of Law

Can The United States Impose Trade Sanctions On China For Currency Manipulation?, Daniel C.K. Chow

Washington University Global Studies Law Review

Anti-China critics argue that the People’s Republic of China (PRC or China) engages in a long-standing and intentional pattern of currency manipulation that artificially devalues the Chinese currency, the Renminbi (RMB or “people’s currency”) versus the USD. The devaluation of the RMB makes Chinese goods less expensive to the U.S. consumer as they need to exchange fewer dollars for the same amount of RMB used to purchase Chinese imported goods. At the same time, U.S. goods are more expensive to the Chinese consumer as they need to use more RMB to exchange for the same amount ...


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