International Trade Commons^™

The Expansion Of Trademark Rights In Europe, Irina Pak

IP Theory

No abstract provided.

A Decade Of Registered And Unregistered Design Rights Decisions In The Uk: What Conclusions Can We Draw For The Future Of Both Types Of Rights?, Estelle Derclaye

IP Theory

No abstract provided.

Corporate Power Unbound: Investor-State Arbitration Of Ip Monopolies On Medicines – Eli Lilly And The Tpp, Brook K. Baker

PIJIP Research Paper Series

Free trade agreements (FTAs) and bilateral investment treaties (BITs) typically contain investment clauses designed to attract direct foreign investment and protect the interests of foreign investors. In addition to defining foreign investment that are entitled to protection, investment clauses typically allow for investor-state dispute resolution, which allows a foreign investor to launch arbitral proceeding directly against the offending government before a private panel of trade lawyers. This paper focuses first on a pro-investor draft investment chapter in an ongoing regional trade negotiation – the Trans-Pacific Partnership Agreement (TPP) - and second on the first investor-state arbitral claim ever by a patent-holding pharmaceutical ...

My Paper Makes Ssrn Top Ten List, Gabriela Steier

Gabriela Steier

My paper, "THE WTO'S BLIND SPOT: DISPUTE RESOLUTION IN THE INTERNATIONAL FOOD INDUSTRY", was recently listed on SSRN's Top Ten download list for: Food Law & Policy eJournal, PSN: Politics of the WTO (Topic), PSN: Politics of the WTO (Topic), SRPN: Agribusiness (Topic), SRPN: Biotechnology (Topic), SRPN: Politics of Food (Topic) and SRPN: World Trade Organisation (Topic).

Property Taxation Of Foreign Goods And Enterprises - A Study In Inconsistency , James Dexter Clark

Pepperdine Law Review

No abstract provided.

The Cuban Embargo: Policy Outlook After 50 Years, 2013, Marisa Pagnattaro, Jonathan C. Benjamin-Alvarado, Gary W. Black, José R, Cabañas, Daniel W. Fisk, Vicki J. Huddleston, Rebecca H. White, C. Donald Johnson, Archibald R.M. Ritter, Ricardo Torres, Ray Walser, Robert L. Muse, Timothy L. Meyer, C. Parr Rosson, Jorge Mario Sánchez Egozcue

Conferences and Symposia

On March 22, 2013, the Dean Rusk Center brought together a variety of viewpoints on the Cuban Embargo for a valuable discussion on the effectiveness and consequences of economic sanctions, as well as the potential outlook for trade with the United States in a post-embargo era.

The keynote speaker was José R. Cabañas, Chief of the Cuban Interests Section in Washington, D.C.

Panelists included Cuban and American scholars, legal practitioners, and trade specialists. The first panel laid the groundwork for the conference by discussing the economic effects of the embargo over the past 50 years, the effect of the ...

The Newly Emerging Powers And South Africa's Global Strategy, Mzukisi Qobo

Global Summitry Journal

It is widely recognized that BRICS countries will become the main drivers of global growth in the next several decades. This economic power-shift, however, has not yet translated itself into political agenda-setting authority. The lack of congruence between political and economic power in global redistribution of power is the main theme I explore in this paper. In undertaking the critical assessment of the notion of global power redistribution I borrow from theoretical approaches associated with Susan Strange on structural (and agenda-setting) power and Joseph Nye on ‘soft’ and ‘smart’ power. This paper deals in particular with two questions. The first ...

Jlia 2:1

Penn State Journal of Law & International Affairs

There is an ever widening gap between conflict resolution policy makers and scholars—a tragedy given practitioners’ dire need for new ideas to help resolve deadly conflicts and the growing knowledge researchers have to share. Research tends to swing like a pendulum between analytic and rigorous methods and accessible and relevant approaches. We reject this tradeoff. We believe that research can be simultaneously rigorous and relevant, and analytic and accessible. Given the devastating loss of life associated with armed conflict, the need for translating research results into policy prescriptions is especially strong in peacemaking. The goal of this issue of ...

The Multinational Corporation As “The Good Despot”: The Democratic Costs Of Privatization In Global Settings, Eyal Benvenisti, Doreen Lustig

Tel Aviv University Law Faculty Papers

In 1861 John Stuart Mill published Considerations on Representative Government to discuss the justifications of democracy. The third chapter of this book explores why a government run by a good despot is unacceptable. In this article we revisit Mill's critique of the good despot to problematize the contemporary exercise of authority and influence by multinational companies especially in foreign countries. Inspired by Mill, we move away from the preoccupation of contemporary literature on privatization with the identity the actor (the question whether certain governmental functions must remain the province of public authorities) or the outcome of privatization (how it ...

Consequences Of The Arab Spring: How Shari’Ah Law And The Egyptian Revolution Will Impact Ip Protection And Enforcement, Stephen S. Zimowski

Penn State Journal of Law & International Affairs

Egypt’s recent revolution sent shockwaves through the international community, and almost immediately political pundits began to ponder its effect on Middle Eastern stability. To date, post-revolution Egypt has struggled to regain its political stability and implement the democratic government its citizens demand. The eventual nature of the new Egyptian government will have a substantial impact not only on the region’s stability but also on international trade. As such, this comment will examine the likely impact of a new Egyptian regime on intellectual property rights and protections in Egypt. The comment explores the role of Shari’ah Law in ...

“The Living Are Getting Rarer”: The Causes And Consequences Of The International Trade In White Rhinoceros Horns Under The Convention On International Trade In Endangered Species, Alisha Falberg

Penn State Journal of Law & International Affairs

In 2012, more than 400 South African white rhinoceros were poached and killed for their horns. The horns, used in ancient Asian medicines, are falsely believed to cure diseases. They are currently worth thousands of dollars on the black market because the white rhinoceros is an endangered species and the trade in its horns is strictly regulated under the United Nations Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).The two countries at the center of this crisis are South Africa, where the majority of the world’s white rhinoceros live and are being poached ...

We Can Work It Out: Putting Our Best Foot Forward In International Higher Education Initiatives, Julie Rowland

Penn State Journal of Law & International Affairs

A global economy requires globally competitive workers and global citizens.This need has generated supranational higher education initiatives through organizations such as the European Union and the Asia-Pacific Economic Cooperation. These initiatives promote student mobility across borders by harmonizing higher education systems between member nations. To demonstrate how the U.S. can become more involved in international higher education initiatives, this comment will first give an overview of the history of these initiatives globally. The comment explores the legal and soft governance mechanisms involved in international initiatives and the feasibility of their application to the U.S. A description of ...

2012-13 Jlia Masthead, Jlia Masthead

Penn State Journal of Law & International Affairs

No abstract provided.

Mediation – Its Potential And Its Limits: Developing An Effective Discourse On The Research And Practice Of Peacemaking, Dennis C. Jett

Penn State Journal of Law & International Affairs

This article looks at the various contributions to this issue of the Penn State Journal of Law & International Affairs. The contributors have analyzed the potential and limits of mediation, but have focused on a number of different aspects of that process. The analytic research relevant to conflict situations will be most useful, however, if the recommendations offered for how to bring conflicts to an end can actually be of use to practitioners in the field. The approach of this article is therefore to consider how policymakers might employ these recommendations as they pursue the goal of peace. It also discusses ...

Ethnic Conflict: An Organizational Perspective, Victor Asal, Jonathan Wilkenfeld

Penn State Journal of Law & International Affairs

To talk about the behavior of others is to generalize especially if that behavior is perceived to be negative. As researchers who have studied ethnic discrimination and ethnic conflict for close to two decades, we have noticed, anecdotally at least, that this penchant for generalization is rampant in discussions of ethnic politics. Journalists and academics tend to talk about one or another ethnic group’s involvement in violence without specifying a political organizational agent. This kind of generalization is a serious obstacle to understanding conflicts and identifying solutions because it prevents policymakers and academics from getting at the messy reality ...

When States Mediate, Molly M. Melin

Penn State Journal of Law & International Affairs

Militarized conflict is one of the most devastating of all human activities. The international community’s response to conflict occurrence can significantly affect the number of casualties, the extent of resulting devastation and even the outcome of the conflict. State responses range from conflict management, whereby third parties actively engage in resolving the conflict; joining, whereby states become an additional disputant; or remaining uninvolved. One of the most common active third-party responses is to act as a mediator, a role using consensual, nonbinding and nonviolent means of conflict management and resolution. This paper explores the policy of state-led mediation, its ...

The Politics Of International Arbitration And Adjudication, Stephen E. Gent

Penn State Journal of Law & International Affairs

Arbitration and adjudication have proven to be effective means of producing long-lasting settlements on contentious issues, but states are generally reluctant to use such legal forms of dispute resolution, especially in resolving issues of national security. To understand when policymakers can and should promote the use of legal mechanisms, they need to understand the political reasons behind the reluctance of states to use these forums. This essay identifies five factors that significantly influence the willingness of states to relinquish decision control and pursue arbitration or adjudication: third-party bias, salience, uncertainty, bargaining power, and armed conflict. To promote the use of ...

Using The Right Tool For The Job: Mediator Leverage And Conflict Resolution, Kyle Beardsley

Penn State Journal of Law & International Affairs

In international dispute mediation, a one-size-fits-all view of mediation may actually inhibit effective conflict resolution. Mediators must especially tailor the level of leverage to the needs of the situation. This essay first considers existing studies that have found both potential benefits and risks of heavy-handed third-party involvement as a conflict-management strategy. It then considers a few illustrative cases to demonstrate the importance of making sure that the tools of mediation fit the context. Finally, it concludes with a discussion of how sustained post-conflict peacekeeping and peacebuilding can reduce the risks of leverage in mediation.

Intractable Syria? Insights From The Scholarly Literature On The Failure Of Mediation, J. Michael Greig

Penn State Journal of Law & International Affairs

The conflict in Syria has been ongoing since March 2011, but to date has resisted third-party diplomatic efforts. This failure of mediation is despite the fact that numerous actors in the international system have interests both in Syria and the Middle East at large. The human toll of the conflict, which has produced large numbers of civilian casualties and considerable human suffering, creates even deeper urgency for effective conflict management in Syria. In this paper, I apply insights drawn from the scholarly literature on conflict management and civil wars to the Syrian conflict to explain why mediation efforts have thus ...

Who Should Be At The Table?: Veto Players And Peace Processes In Civil War, David E. Cunningham

Penn State Journal of Law & International Affairs

Civil wars contain a set of actors that have the ability to block settlement and continue the war on their own. When they contain more “veto players,” conflicts are much longer and negotiations are more likely to break down. The rate of success of international efforts to resolve multi-party civil wars is much lower than when there is only one rebel group fighting the government. This article discusses implications for peacemakers designing responses to conflicts with multiple veto players. Negotiations in these conflicts are most likely to lead to a peace agreement that successfully ends the war if they include ...