Open Access. Powered by Scholars. Published by Universities.®

International Trade Commons

Open Access. Powered by Scholars. Published by Universities.®

2,438 Full-Text Articles 1,955 Authors 1,012,651 Downloads 97 Institutions

All Articles in International Trade

Faceted Search

2,438 full-text articles. Page 1 of 52.

A Material World: Using Trademark Law To Override Copyright's First Sale Rule For Imported Copies, Mary LaFrance 2015 William S. Boyd School of Law, UNLV

A Material World: Using Trademark Law To Override Copyright's First Sale Rule For Imported Copies, Mary Lafrance

Michigan Telecommunications and Technology Law Review

When the Supreme Court held that the first sale rule of copyright law permits the unauthorized importation and domestic sale of lawfully made copies of copyrighted works, regardless of where those copies were made, copyright owners lost much of their ability to engage in territorial price discrimination. Publishers, film and record producers, and software and videogame makers could no longer use copyright law to prevent the importation and domestic resale of gray market copies, and therefore could no longer protect their domestic distributors against competition from cheaper imported copies. However, many of these copyright owners can take advantage of a ...


District Courts Versus The Usitc: Considering Exclusionary Relief For F/Rand-Encumbered Standard-Essential Patents, Helen H. Ji 2015 University of Michigan

District Courts Versus The Usitc: Considering Exclusionary Relief For F/Rand-Encumbered Standard-Essential Patents, Helen H. Ji

Michigan Telecommunications and Technology Law Review

Technological standards allow manufacturers and consumers to rely upon these agreed-upon basic systems to facilitate sales and further invention. However, where these standards involved patented technology, the process of standard-setting raises many concerns at the intersection of antitrust and patent law. As patent holders advocate for their patents to become part of technological standards, how should courts police this activity to prevent patent holdup and other anti-competitive practices? This Note explores the differing approaches to remedies employed by the United States International Trade Commission and the United States District Courts where standard-essential patents are infringed. This Note further proposes that ...


A Comparison Of The Jurisprudence Of The Ecj And The Efta Court On The Free Movement Of Goods In The Eea: Is There An Intolerable Separation Of Article 34 Of The Tfeu And Article Of 11 Of The Eea?, Jarrod Tudor 2015 Kent State University - Kent Campus

A Comparison Of The Jurisprudence Of The Ecj And The Efta Court On The Free Movement Of Goods In The Eea: Is There An Intolerable Separation Of Article 34 Of The Tfeu And Article Of 11 Of The Eea?, Jarrod Tudor

Jarrod Tudor

Article 11 of the European Economic Area (“EEA”) and Article 34 of the Treaty on the Functioning of the European Union (“TFEU”) prohibit quantitative restrictions on the free movement of goods. The EEA is monitored by the European Free Trade Area Court (“EFTA Court”) and the TFEU is monitored by the European Court of Justice (“ECJ”). In theory, the EFTA Court and the ECJ should interpret Article 11 and Article 34 in the same manner in order to promote harmonization of the law on the free movement of goods and allow for further economic integration between EFTA and the EU ...


Discriminatory Internal Taxation In The European Union: The Power Of The European Court Of Justice To Limit The Tax Sovereignty Of Member-States Under Article 110 Of The Tfeu, Jarrod Tudor 2015 Kent State University - Kent Campus

Discriminatory Internal Taxation In The European Union: The Power Of The European Court Of Justice To Limit The Tax Sovereignty Of Member-States Under Article 110 Of The Tfeu, Jarrod Tudor

Jarrod Tudor

Protectionism can come in a variety of methods including the use of internal taxation policies that discriminate against imports making those imports more expensive on the domestic market and thus favoring domestically-produced goods. Discriminatory taxation policies have been developed by member-states to mask protectionism by distinguishing products based on import status, product similarity, product life cycle, consumption, tax collection practices, transportation charges, and state aid. The Framers of the Treaty on the Functioning of the European Union (TFEU) wrote Article 110 with the objective in mind to prohibit internal taxation policies from discriminating against goods in made in other member-states ...


The Free Movement Of Capital In Europe: Is The European Court Of Justice Living Up To Its Framers' Intent And Setting An Example For The World?, Jarrod Tudor 2015 Kent State University - Kent Campus

The Free Movement Of Capital In Europe: Is The European Court Of Justice Living Up To Its Framers' Intent And Setting An Example For The World?, Jarrod Tudor

Jarrod Tudor

The benefits to free movement of international financial flows are numerous but include an efficient asset market and the opportunity for economic growth and development for countries engaged in an agreement allowing for such freedom. The free movement of capital is one of the four pillars of the Treaty on the Function of the European Union (TFEU) along with the free movement of goods, services, and labor. Article 63 of the TFEU prohibits limitations on the free movement of capital while Article 65 of the TFEU allows for some exceptions. Not only does the free movement of capital doctrine suppose ...


European Communities Commission - Greenland - Ec Commission Draft Approves Withdrawal Of Greenland From The European Community And Proposes Terms For Economic Reassociation, Kevin Mason 2015 University of Georgia School of Law

European Communities Commission - Greenland - Ec Commission Draft Approves Withdrawal Of Greenland From The European Community And Proposes Terms For Economic Reassociation, Kevin Mason

Georgia Journal of International & Comparative Law

No abstract provided.


International Trade - Canada-United States - Motor Carriers - Reciprocity, Bernard Snell 2015 University of Georgia School of Law

International Trade - Canada-United States - Motor Carriers - Reciprocity, Bernard Snell

Georgia Journal of International & Comparative Law

No abstract provided.


The Development Of Canadian Law On Trans-Border Data Flow, Douglas Yarn 2015 University of Georgia School of Law

The Development Of Canadian Law On Trans-Border Data Flow, Douglas Yarn

Georgia Journal of International & Comparative Law

No abstract provided.


International Implications Of The 1982 Merger Guidelines, Vincent Draa 2015 University of Georgia School of Law

International Implications Of The 1982 Merger Guidelines, Vincent Draa

Georgia Journal of International & Comparative Law

No abstract provided.


Telecommunications - Joint Ventures - The Significance Of The At&T-Philips Joint Venture, Edward P. Hudson 2015 University of Georgia School of Law

Telecommunications - Joint Ventures - The Significance Of The At&T-Philips Joint Venture, Edward P. Hudson

Georgia Journal of International & Comparative Law

No abstract provided.


Combatting Economic Protectionism In The Eec: The Buy Irish Decision, Robert P. Williams II 2015 University of Georgia School of Law

Combatting Economic Protectionism In The Eec: The Buy Irish Decision, Robert P. Williams Ii

Georgia Journal of International & Comparative Law

No abstract provided.


United States Bilateral Investment Treaties: Egypt And Panama, Deidre A. Cody 2015 University of Georgia School of Law

United States Bilateral Investment Treaties: Egypt And Panama, Deidre A. Cody

Georgia Journal of International & Comparative Law

No abstract provided.


The Foreign Investment Review Agency (Fira) And The General Agreement On Tariffs And Trade (Gatt): Incompatible?, Emily F. Carasco 2015 University of Windsor

The Foreign Investment Review Agency (Fira) And The General Agreement On Tariffs And Trade (Gatt): Incompatible?, Emily F. Carasco

Georgia Journal of International & Comparative Law

No abstract provided.


Pluralism In Practice: Moral Legislation And The Law Of The Wto After Seal Products, Robert Howse, Joanna Langille, Katie Sykes 2015 NYU School of Law

Pluralism In Practice: Moral Legislation And The Law Of The Wto After Seal Products, Robert Howse, Joanna Langille, Katie Sykes

New York University Public Law and Legal Theory Working Papers

This article examines the relationship between the law of the World Trade Organization (WTO) and morally motivated legislation of the WTO's Member states. Building on our 2012 article entitled Permitting Pluralism, we argue that the WTO should adopt a pluralistic approach to morally motivated legislation of its Member states. That is, WTO law should allow the greatest latitude possible for states to adopt morally motivated legislation, and should permit all types of moral and religious reasons for restricting international trade, including non-instrumental moral reasons. The WTO should not attempt to second-guess the moral and religious commitments of its Members ...


Globalization Of Water Privatization: Ramifications Of Investor-State Disputes In The “Blue Gold” Economy , Julien Chaisse, Marine Polo 2015 The Chinese University of Hong Kong

Globalization Of Water Privatization: Ramifications Of Investor-State Disputes In The “Blue Gold” Economy , Julien Chaisse, Marine Polo

Boston College International and Comparative Law Review

The world of water services changed significantly over the last two decades, opening it to new business possibilities as promoted by different international financial institutions. Such prospects arose in the face of extraordinary population growth and dire water expansion needs. Accordingly, a vast increase of water-services privatization contracts between foreign investors and states ensued. Today, 10 percent of global consumers receive water from private companies. Inevitably, disputes have emerged regarding these privatization contracts, with little indication of subsiding anytime soon. In the absence of a specialized international regime to regulate these fast-growing activities, both investors and host states filed twenty-one ...


Making An Offer They Can’T Refuse: Corporate Investment In Africa And The Divestment Of Indigenous Land Rights, Nicholas Dorf 2015 Boston College Law School

Making An Offer They Can’T Refuse: Corporate Investment In Africa And The Divestment Of Indigenous Land Rights, Nicholas Dorf

Boston College International and Comparative Law Review

International investment in African land is booming. In many circumstances, investors target land occupied by indigenous populations without official title. National laws providing protection for the land rights of these indigenous populations have proved rare and ineffective due to the driving need for investment and the perceived impediment to investment such laws create. The international humanitarian legal regime likewise provides an insufficient forum for effective protection. Bilateral investment treaties (BITs) should instead be modified to impose affirmative humanitarian obligations on investing corporations to ensure the preservation of indigenous land rights.


Overcoming The Geneva Impasse: How Regional Trade Agreements Can Help Global Trade, Chin Leng Lim 2015 University of Hong Kong

Overcoming The Geneva Impasse: How Regional Trade Agreements Can Help Global Trade, Chin Leng Lim

Chin Leng Lim

The World Trade Organisaton’s rules have permitted regional trade agreements since 1947. Over the years its membership has made only half-hearted efforts to tighten these rules. Without ignoring some well-known drawbacks which attend regional trade agreements, we need to understand the reasons for this hesitancy: regional agreements can help global trade.


Geographical Indications, Food Safety, And Sustainability Challenges And Opportunities, David A. Wirth 2015 Boston College Law School

Geographical Indications, Food Safety, And Sustainability Challenges And Opportunities, David A. Wirth

David A. Wirth

This paper examines the legal and policy relationship reinforcement amongst international standards for GIs, food safety standards, and other claims of quality or safety. The paper addresses those relationships within the context of international trade agreements protecting GIs, such as the 1994 TRIPS Agreement, the EU-Canada Comprehensive Economic and Trade Agreement (CETA), and the chapter on intellectual property and geographical indications in the Transatlantic Trade and Investment Partnership (TTIP) currently under negotiation. Trade agreements also discipline food safety measures and non-GI indications of quality or safety such as “organic” and “GMO-free.” Accordingly, the paper also considers the extent to which ...


Geographical Indications, Food Safety, And Sustainability Challenges And Opportunities, David A. Wirth 2015 Boston College Law School

Geographical Indications, Food Safety, And Sustainability Challenges And Opportunities, David A. Wirth

Boston College Law School Faculty Papers

This paper examines the legal and policy relationship reinforcement amongst international standards for GIs, food safety standards, and other claims of quality or safety. The paper addresses those relationships within the context of international trade agreements protecting GIs, such as the 1994 TRIPS Agreement, the EU-Canada Comprehensive Economic and Trade Agreement (CETA), and the chapter on intellectual property and geographical indications in the Transatlantic Trade and Investment Partnership (TTIP) currently under negotiation. Trade agreements also discipline food safety measures and non-GI indications of quality or safety such as “organic” and “GMO-free.” Accordingly, the paper also considers the extent to which ...


The Elephant In The Room, Troy B. Albert 2015 Lewis & Clark Law School

The Elephant In The Room, Troy B. Albert

Troy B Albert

Every 15 minutes, a poacher kills an elephant for its ivory. If this rate continues, the African elephant could become extinct in 20 years. Although federal law has strictly regulated the ivory market for several decades, the United States remains one of the largest markets for illegal wildlife products in the world. Because there are little to no enforcement mechanisms or verification processes by which to definitively distinguish legal from illegal ivory after reaching domestic markets, illegal ivory is easily mixed in with legal stocks. New regulations have been promulgated but are they enough?


Digital Commons powered by bepress