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4054 full-text articles. Page 7 of 106.

Us-Cool Retaliation: The Wto’S Article 22.6 Arbitration, Chad P. Bown, Rachel Brewster 2017 Duke Law School

Us-Cool Retaliation: The Wto’S Article 22.6 Arbitration, Chad P. Bown, Rachel Brewster

Faculty Scholarship

This paper examines the World Trade Organization’s Article 22.6 arbitration report on the dispute over the United States’ country of origin labeling (US–COOL) regulation for meat products. At prior phases of the legal process, a WTO Panel and the Appellate Body had sided with Canada and Mexico by finding that the US regulation had negatively affected their exports of livestock – cattle and hogs – to the US market. The arbitrators authorized Canada and Mexico to retaliate by over $1 billion against US exports – the second largest authorized retaliation on record and only the twelfth WTO dispute to reach ...


The Future Of Sps Governance: Sps-Plus Or Sps-Minus?, Markus Wagner 2016 University of Warwick

The Future Of Sps Governance: Sps-Plus Or Sps-Minus?, Markus Wagner

Markus Wagner

Food safety plays an increasingly important role in today’s interdependent trading relations. The existing multilateral rules embodied in the World Trade Organization (WTO) Agreement on the Application of Sanitary and Phytosanitary Measures are increasingly being supplemented through a series of bilateral and multilateral agreements. Unlike debates surrounding intellectual property rights however, the negotiations concerning sanitary and phytosanitary (SPS) rules in preferential trade agreements are rarely analyzed in a systematic and detailed manner. The article uses the SPS Chapter negotiated for purposes of the Trans-Pacific Partnership Agreement (TPP or TPPA) as a model for the future of SPS governance and ...


Back To The Future: The Digital Millennium Copyright Act And The Trans-Pacific Partnership, Matthew Rimmer 2016 Queensland University of Technology

Back To The Future: The Digital Millennium Copyright Act And The Trans-Pacific Partnership, Matthew Rimmer

Matthew Rimmer

The Trans-Pacific Partnership (TPP) is a trade agreement, which seeks to regulate copyright law, intermediary liability, and technological protection measures. The United States Government under President Barack Obama sought to export key features of the Digital Millennium Copyright Act 1998 (US) (DMCA). Drawing upon the work of Joseph Stiglitz, this paper expresses concerns that the TPP would entrench DMCA measures into the laws of a dozen Pacific Rim countries. This study examines four key jurisdictions—the United States, Canada, Australia, and New Zealand—participating in the TPP. This paper has three main parts. Part 2 focuses upon the takedown-and-notice scheme ...


The Chilling Effect: Investor-State Dispute Settlement, Graphic Health Warnings, The Plain Packaging Of Tobacco Products, And The Trans-Pacific Partnership, Matthew Rimmer 2016 Queensland University of Technology

The Chilling Effect: Investor-State Dispute Settlement, Graphic Health Warnings, The Plain Packaging Of Tobacco Products, And The Trans-Pacific Partnership, Matthew Rimmer

Matthew Rimmer

Investor-State Dispute Settlement (ISDS) poses significant challenges in respect of tobacco control, public health,
human rights, and sustainable development. Two landmark ISDS rulings provide procedural and substantive
guidance on the interaction between ISDS and tobacco control. The ISDS action by Philip Morris against Uruguay
in respect to graphic health warnings raised important procedural and substantive issues. The ISDS matter between
Philip Morris and Australia over the plain packaging of tobacco products highlighted matters in respect of abuse
of process. In the Trans-Pacific Partnership (TPP), there was a special exclusion for tobacco control measures in
respect of ISDS. There was also ...


Economic Integration: Formation Of The Economic Organization Of West African States, A Customs Union And Free Trade Area For Regional Development, Andrew H. Ernst 2016 University of Georgia School of Law

Economic Integration: Formation Of The Economic Organization Of West African States, A Customs Union And Free Trade Area For Regional Development, Andrew H. Ernst

Georgia Journal of International & Comparative Law

No abstract provided.


Trade, Most-Favored-Nation Status: The 1975 Agreement With Romania On Trade Relations, Thad W. Simons Jr. 2016 University of Georgia School of Law

Trade, Most-Favored-Nation Status: The 1975 Agreement With Romania On Trade Relations, Thad W. Simons Jr.

Georgia Journal of International & Comparative Law

No abstract provided.


Application Of Law By The Maritime Arbitration Commission In Settling Disputes, Sergei N. Lebedev 2016 University of Georgia School of Law

Application Of Law By The Maritime Arbitration Commission In Settling Disputes, Sergei N. Lebedev

Georgia Journal of International & Comparative Law

No abstract provided.


Maintenance Of Value In The General Account And Valuation Of The Sdr In The Special Drawing Account Of The Imf, Robert C. Effros 2016 University of Georgia School of Law

Maintenance Of Value In The General Account And Valuation Of The Sdr In The Special Drawing Account Of The Imf, Robert C. Effros

Georgia Journal of International & Comparative Law

No abstract provided.


The European Company, Pieter Sanders 2016 Erasmus University

The European Company, Pieter Sanders

Georgia Journal of International & Comparative Law

No abstract provided.


Contents, 2016 University of Georgia School of Law

Contents

Georgia Journal of International & Comparative Law

No abstract provided.


The Intellectual Property Hostage In Trade Retaliation, Sarah R. Wasserman Rajec 2016 William & Mary Law School

The Intellectual Property Hostage In Trade Retaliation, Sarah R. Wasserman Rajec

Faculty Publications

Intellectual property law has become bound up in a debate about appropriate remedies for violations of the World Trade Organization Agreement. As an alternative to traditional countermeasures that consist of retaliation under the violated agreement, the World Trade Organization ("WTO ") contemplates that violations of one of its covered agreements may be remedied through "cross-retaliation, " or retaliation under another agreement. One form of cross-retaliation has garnered interest in recent years: the threat to suspend intellectual property rights in response to unrelated trade violations

Cross-retaliation through intellectual property rights suspension is theoretically appealing for its potential to avoid problems inherent in traditional ...


Consistently Inconsistent: What Is A Qualifying Investment Under Article 25 Of The Icsid Convention And Why The Debate Must End, Jeremy Marc Exelbert 2016 Fordham University School of Law

Consistently Inconsistent: What Is A Qualifying Investment Under Article 25 Of The Icsid Convention And Why The Debate Must End, Jeremy Marc Exelbert

Fordham Law Review

International investment has helped to pave the way for an increasingly globalized world community. Consequently, the International Centre for Settlement of Investor Disputes (ICSID)—existing under the mandate of the World Bank and with the stated purpose of increasing economic development abroad—has become the leading international arbitration mechanism currently available for settling disputes arising out of such investments. It is unsettling, therefore, that the interpretation of “investment” within article 25 of the ICSID Convention (the provision that determines whether an ICSID tribunal may exercise jurisdiction over a dispute) has given rise to a unique interpretive controversy because the ICSID ...


Country By Country Reporting And Corporate Privacy: Some Unanswered Questions, Reuven S. Avi-Yonah 2016 University of Michigan Law School

Country By Country Reporting And Corporate Privacy: Some Unanswered Questions, Reuven S. Avi-Yonah

Articles

Corporate privacy is an oxymoron. Individuals have a right to privacy, which the Supreme Court has recognized at least since Griswold v. Connecticut (1965). Warren and Brandeis’ famous defense of the right to privacy (1890) clearly applied only to individuals, because only individuals have the kind of feelings that are affected by invasions of privacy. Corporations are legal entities, and the concept of privacy does not apply to them, as the Supreme Court held in 1906. Thus, any objection to making corporate tax returns public cannot rest on the right to privacy. In fact, corporate returns were made public in ...


European Community Law And Institutions In Perspective: Text, Cases And Readings, Josef Rohlik 2016 St. Louis University

European Community Law And Institutions In Perspective: Text, Cases And Readings, Josef Rohlik

Georgia Journal of International & Comparative Law

No abstract provided.


The United States, Developing Countries And The Issue Of Intra-Enterprise Agreements, Joel Davidow 2016 University of Georgia School of Law

The United States, Developing Countries And The Issue Of Intra-Enterprise Agreements, Joel Davidow

Georgia Journal of International & Comparative Law

Antitrust issues have become one of the main concern of the world economy community and the United Nations. For many years, the United Nations Conference on Trade and Development has multiplied the meetings to discuss the relationship between transnational enterprises and international investment and has engaged in reflections on methods to avoid a decline in international investment. However, these meetings failed to resolve the fundamental issue of the impact of international antitrust principles on restrictive arrangements between a foreign parent corporation and its local subsidiary, particularly where that subsidiary is in a developing country. If applied, multinational enterprises would be ...


Trade Law’S Responses To The Rise Of China, Wentong Zheng 2016 University of Florida Levin College of Law

Trade Law’S Responses To The Rise Of China, Wentong Zheng

Wentong Zheng

This Article offers a systematic examination of trade law’s responses to the emergence of China as a major player in world trade. As an intricate set of rules written largely prior to the advent of the China era, trade law had to readjust to the powerful newcomer in ways that eventually changed trade law itself. This Article investigates these changes in four major areas of trade law: antidumping, countervailing duties, safeguards, and managed trade. In almost all of those areas, trade law witnessed a protectionist shift against Chinese products at the expense of sound, consistent principles. But, at the ...


Rethinking Article 422: A Retrospective On Ecuador's 2008 Constitutional Isds Recalibration, Alexander B. Avtgis 2016 Indiana University Maurer School of Law

Rethinking Article 422: A Retrospective On Ecuador's 2008 Constitutional Isds Recalibration, Alexander B. Avtgis

Indiana Journal of Constitutional Design

Is Ecuador’s adoption of Article 422 in the 2008 Constitution properly viewed as a “re-statification”1 of Investor State Dispute Settlement (ISDS)? And, since its implementation, has the constitutional article been effective in institutionally insulating Ecuador from the jurisdictional reach of international ISDS? This paper answers both questions in the negative—but qualifies such an outlook by balancing the drawbacks of Article 422 against its successes. Article 422’s provisions, strident in its attempt to create an alternative development vision, did not achieve all that the Constitution’s drafters had hoped. Nevertheless, in its limited effect of detaching Ecuador ...


The Trumping Of The Trans-Pacific Partnership, Matthew Rimmer 2016 Queensland University of Technology

The Trumping Of The Trans-Pacific Partnership, Matthew Rimmer

Matthew Rimmer

With the victory of Donald Trump, the Trans-Pacific Partnership (TPP) has literally been trumped.
As a Presidential candidate, Barack Obama came to power, promising to renegotiate the North American Free Trade Agreement (NAFTA). As a President, a centrepiece of his administration was the proposal for the TPP, a trade agreement spanning the Pacific Rim. He argued that the trade agreement was essential for the economic and political power of the USA.
The TPP was also ambitious in terms of its membership. The agreement included NAFTA countries such as the USA, Canada, and Mexico. The deal involved Australasian nations, like Australia ...


A Realist Approach To Copyright Law's Formalities, Michael W. Carroll 2016 American University Washington College of Law

A Realist Approach To Copyright Law's Formalities, Michael W. Carroll

Michael W. Carroll

Rejecting the conventional story that formalities in copyright law were abolished by the Berne Convention, this Article demonstrates that privately administered systems of formalities play a significant role in the administration of copyright law worldwide. Indeed, they must because copyright is designed to support a transaction structure which requires rightsholders who seek to attract licensing partners to go through some formal step to identify themselves and the works in which they have a legal or beneficial interest. Canvassing the landscape of mandatory and voluntary public and private systems of formalities, this article argues that: (1) national policymakers retain more policy ...


Brief For Amicus Curiae Law Professors And Scholars In Support Of Apellee, In Authors Guild V. Google, Inc., Michael W. Carroll, Brandon Butler, Meredith Jacob 2016 American University Washington College of Law

Brief For Amicus Curiae Law Professors And Scholars In Support Of Apellee, In Authors Guild V. Google, Inc., Michael W. Carroll, Brandon Butler, Meredith Jacob

Michael W. Carroll

No abstract provided.


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