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A Supplementary Submission On Trojan Horse Clauses: Investor-State Dispute Settlement, Matthew Rimmer 2014 SelectedWorks

A Supplementary Submission On Trojan Horse Clauses: Investor-State Dispute Settlement, Matthew Rimmer

Matthew Rimmer

Executive Summary This supplementary submission considers a number of new developments in Investor-State Dispute Settlement in Canada, North America, the European Union, and Africa. This supplementary submission highlights the application of Investor-State Dispute Settlement in the context of water rights, intellectual property, and media regulation. This supplementary submission also highlights the conflict between domestic courts and international tribunals in Investor-State Dispute Settlement, raising significant issues about the rule of law and justice. Recommendation 14 In light of the work of Maude Barlow and the Council of Canadians, it is evident that Investor-State Dispute Settlement has a significant impact upon water ...


A Supplementary Submission To The Joint Standing Committee On Treaties On The Korea-Australia Free Trade Agreement, Matthew Rimmer 2014 SelectedWorks

A Supplementary Submission To The Joint Standing Committee On Treaties On The Korea-Australia Free Trade Agreement, Matthew Rimmer

Matthew Rimmer

This supplementary submission responds to new developments regarding Investor-State Dispute Settlement; questions about transparency and the enforcement of labor and environmental standards in trade agreements; and the role of copyright exceptions in Korea.


Developing Countries International Investment Policies, Unveiling Pakistan Paradoxes, Alishba Tahir 2014 SelectedWorks

Developing Countries International Investment Policies, Unveiling Pakistan Paradoxes, Alishba Tahir

Alishba Tahir

As a part of International Investment Agreements, Bilateral Investment Treaties and their impact on Foreign Direct investment inflows to a country have been taken into consideration by different authors. A lot of studies and surveys have been done before, but for a developing country like Pakistan, no previous research is available. I tried to narrow this gap by investigating the relation between BITs and FDI inflows to Pakistan. I, at the very first hand, build up the BIT index for Pakistan by using the methodology raised by Bellak and Chaisse (2011). The index itself provides comprehensive information for the development ...


Trade, Bert Chapman 2014 Purdue University

Trade, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Provides a historical overview of analysis of U.S. foreign trade policy during the early decades of the country's history. Examines bilateral U.S. trade relations with France and Great Britain, provides import and export statistics, details on commodities and products imports and exported, trade statistics, and information on the political and economic factors shaping U.S. trade during this period.


An Overview Of The International Treatment Of Exceptions, Eric Schwartz 2014 American University Washington College of Law

An Overview Of The International Treatment Of Exceptions, Eric Schwartz

PIJIP Research Paper Series

This article is intended as a very brief overview and history of the international treatment of “fair use” or its equivalent — that is, a general summary of the treaty obligations and national law exceptions (in statute or by common law) to the exclusive rights of authors and owners of copyrights.


A Submission To The Joint Standing Committee On Treaties On The Korea-Australia Free Trade Agreement (Kafta), Matthew Rimmer 2014 SelectedWorks

A Submission To The Joint Standing Committee On Treaties On The Korea-Australia Free Trade Agreement (Kafta), Matthew Rimmer

Matthew Rimmer

Australia and South Korea have signed a new free trade agreement - the Korea-Australia Free Trade Agreement (KAFTA). Is it a fair trade fairytale? Or is it a dirty deal done dirt cheap? Or somewhere in between? It is hard to tell, given the initial secrecy of the negotiations, and the complexity of the texts of the agreement There has been much debate in Parliament over the transparency of the trade agreement; the scope of market access provided under the deal; the impact of the investment chapter, with its investor-state dispute settlement clause; the intellectual property chapter; the environment chapter; its ...


The Implication Of The Icsid Convention, The Resurrection Of The ‘International Minimum Standard’ And The Theory Of Internationalization Of State Contracts In Investment Treaty Arbitration., Felix O. Okpe 2014 SelectedWorks

The Implication Of The Icsid Convention, The Resurrection Of The ‘International Minimum Standard’ And The Theory Of Internationalization Of State Contracts In Investment Treaty Arbitration., Felix O. Okpe

Felix O. Okpe

Under international investment law, it is axiomatic that the potential for investment disputes is rife in the conduct of foreign investments in host States. This is often the case where foreign investors allege that an act or omission attributable to the host State negatively impacts the investor’s proprietary interests. The settlement of the envisaged investment disputes is more common where the host State is a developing country in the context of the ICSID Convention. As a result, what has become paramount in the arbitration of investment disputes is the protection of foreign investment in the host State. This way ...


Submission On The Ip Chapter Of The Korea-Australia Free Trade Agreement, Kimberlee G. Weatherall 2014 SelectedWorks

Submission On The Ip Chapter Of The Korea-Australia Free Trade Agreement, Kimberlee G. Weatherall

Kimberlee G Weatherall

This submission considers (and criticises) the IP Chapter of the Korea-Australia Free Trade Agreement. It identifies new obligations, and raises concerns with detailed aspects of the chapter. The submission was made to two committees of the Commonwealth of Australia Parliament, Joint Standing Committee on Treaties and the Senate Standing Committee on Standing Committee on Foreign Affairs, Defence and Trade References. A slightly corrected version was uploaded on 16 June 2014 (correcting the article citation for KAFTA art 13.9.28 under heading 5).


Administrative Deference To Liberalizing And Maintaining Free Trade: An Argument For Allowing The Department Of Commerce To Bestow Retroactively Calculated Remedies Upon Importers Under Section 129(C)(1) Of The Uruguay Round Agreements Act, Daniel J. Olds 2014 University of Georgia School of Law

Administrative Deference To Liberalizing And Maintaining Free Trade: An Argument For Allowing The Department Of Commerce To Bestow Retroactively Calculated Remedies Upon Importers Under Section 129(C)(1) Of The Uruguay Round Agreements Act, Daniel J. Olds

Georgia Journal of International & Comparative Law

No abstract provided.


Making Chocolate Sweeter: How To Encourage Hershey Company To Clean Up Its Supply Chain And Eliminate Child Labor, Kathryn Manza 2014 Boston College Law School

Making Chocolate Sweeter: How To Encourage Hershey Company To Clean Up Its Supply Chain And Eliminate Child Labor, Kathryn Manza

Boston College International and Comparative Law Review

Child labor is a complex issue that deeply permeates cocoa production in West Africa. Multinational corporations, such as Hershey Company, are often in the best position to address child labor because these human rights violations occur within their own supply chains. The U.S. legislature can encourage multi-national corporations to address child labor through mandatory public disclosure and due diligence. This mandatory disclosure may encourage multinational corporations to use fair trade certification or sponsorship programs—solutions that keep children away from hazardous occupations while still addressing the root cause of child labor, poverty.


Foreign Policy And The Chinese Constitutions During The Hu Jintao Administration, Jason Buhi 2014 Boston College Law School

Foreign Policy And The Chinese Constitutions During The Hu Jintao Administration, Jason Buhi

Boston College International and Comparative Law Review

This Article is a close examination of how China’s dual constitution system—that is, the nexus of governing power as outlined between the State Constitution and the Communist Party Constitution—provides both jurisdictional and substantive guidance to Chinese foreign policy makers. It especially focuses on the Hu Jintao administration (2002–2012) as the foremost example of grounding foreign policy in the dual constitutions of China. With the success of the Hu administration, the Chinese constitutional law of foreign policy has become theoretically a unique extraterritorial projection of “the rule of law with Chinese characteristics,” with room for future development ...


To Bribe A Prince: Clarifying The Foreign Corrupt Practices Act Through Comparisons To The United Kingdom’S Bribery Act Of 2010, Samuel B. Richard 2014 Boston College Law School

To Bribe A Prince: Clarifying The Foreign Corrupt Practices Act Through Comparisons To The United Kingdom’S Bribery Act Of 2010, Samuel B. Richard

Boston College International and Comparative Law Review

Bribery in overseas markets is a major concern for U.S. foreign policy. In the 1970s, after allegations of corruption abroad, the U.S. Congress passed the Foreign Corrupt Practices Act (FCPA). The FCPA outlines civil and criminal sanctions for corporations that seek to bribe “foreign officials.” It also inspired responses from other states, including the United Kingdom’s Bribery Act, enacted in 2010. For decades, the federal government enforced the FCPA only sporadically. Since the turn of the twenty-first century, however, increased prosecutions under the FCPA by the Department of Justice and the Securities and Exchange Commission led to ...


Command Responsibility—A Legal Obligation To Deter Sexual Violence In The Military, Lindsay Hoyle 2014 Boston College Law School

Command Responsibility—A Legal Obligation To Deter Sexual Violence In The Military, Lindsay Hoyle

Boston College International and Comparative Law Review

The United States should adopt the international doctrine of command responsibility within the Uniform Code of Military Justice (UCMJ) as a solution to widespread reports of intra-military rape and sexual assault. Applying command responsibility to serious violations of the UCMJ, like rape, would establish a clear mandate for the military to prosecute any commander who fails to reasonably prevent, investigate, or punish serious UCMJ violations that he or she knew about, either via constructive or actual knowledge. Congress should limit the doctrine’s scope to serious UCMJ violations that commanders are aware of and recklessly choose to ignore in order ...


The Cost Of Doing Business In Asia: A Comparative Legal Study Of Environmental Regulations In The Emerging Markets Of Thailand, Malaysia, And Indonesia, Brooke R. Padgett 2014 Florida Coastal School of Law

The Cost Of Doing Business In Asia: A Comparative Legal Study Of Environmental Regulations In The Emerging Markets Of Thailand, Malaysia, And Indonesia, Brooke R. Padgett

Brooke R. Padgett

Abstract: This article explores whether voluntary standards, customary law, or more binding bilateral investment treaties are best for corporations, the emerging markets of Thailand, Indonesia, and Malaysia, and the environment itself. While corporations, markets, and the environment facially seem to have divergent priorities, environmental disasters are more costly after the fact than they are to prevent so in reality their priorities may not be so different after all. Some of the potential issues the paper will examine and address are big picture macro level such as fairness to future generations, intergenerational rights; the actual cost through questions of polluter pays ...


Presentation Slides - How Do Brazil And Macau Use "Eletronic Paymente To Improve Chinese-Lusophone Business Relations?, Claudia Ribeiro Pereira Nunes 2014 SelectedWorks

Presentation Slides - How Do Brazil And Macau Use "Eletronic Paymente To Improve Chinese-Lusophone Business Relations?, Claudia Ribeiro Pereira Nunes

Claudia Ribeiro Pereira Nunes

Macau's position as a privileged place in the connection between the People’s Republic of China and the Portuguese-speaking countries opens a space for the creation of entities in these countries as a way to facilitate, and even encourage, international financial relations; particularly among Brazil, the Pearl River Delta (Macau and Hong Kong) and the People’s Republic of China. This paper highlights the various challenges of electronic payment, also known as payment by securities receivables, and examines the comparative perspective of Brazil-Macau. It is necessary to investigate two research subjects: (i) Brazilian Law’s use of electronic payment ...


China's Role In Well-Known Marks Protection: It's Now Or Never...Or Dilution, Ava Farshidi 2014 SelectedWorks

China's Role In Well-Known Marks Protection: It's Now Or Never...Or Dilution, Ava Farshidi

Ava Farshidi

Infringement over the transliteration, converting text to another script, of well-known marks is a major problem for foreign companies in China. If a multinational company does not create its own Chinese transliteration, the Chinese public may create one, which will ultimately affect the company’s ownership of the mark in a different language. Although China became a member of both the Paris Convention for the Protection of Intellectual Property (“Paris Convention”) and the agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”), China has adopted laws that directly conflict with these international guidelines for well-known marks, which has paved the ...


Jlia 3:1 - The Future Of International Criminal Justice, 2014 Penn State Law

Jlia 3:1 - The Future Of International Criminal Justice

Penn State Journal of Law & International Affairs

No abstract provided.


The New Leadership Paradigm In Today’S Financial System: Foreign And Domestic Banking, Valencia Tamir Johnson 2014 SelectedWorks

The New Leadership Paradigm In Today’S Financial System: Foreign And Domestic Banking, Valencia Tamir Johnson

Valencia T Johnson

This article discusses the important of new leadership paradigm in today’s financial system and the importance the growth of foreign banking and investment in the United States and abroad. The article provides approaches that would inspire and develop effective leadership within financial organizations (foreign and domestic banking activities among investments, competitiveness, and improving the financial industry).


Learning From Our Mistakes: The Belfast Project Litigation And The Need For The Supreme Court To Recognize An Academic Privilege In The United States, Kathryn L. Steffen 2014 Penn State Law

Learning From Our Mistakes: The Belfast Project Litigation And The Need For The Supreme Court To Recognize An Academic Privilege In The United States, Kathryn L. Steffen

Penn State Journal of Law & International Affairs

Through the Belfast Project, researchers sponsored by Boston College began to compile an oral history of the period of violent political conflict in Northern Ireland known as “The Troubles” in a series of interviews. The interviewees’ participation in the project was conditioned on a strict promise of confidentiality. However, when authorities in the United Kingdom became suspicious that the interviews contained evidence of criminal activity, the United Kingdom, pursuant to a Mutual Legal Assistance Treaty, requested the United States to subpoena the materials on its behalf. Satisfaction of the subpoena would mean not only turning over the interview recordings, but ...


National Security And The Protection Of Constitutional Liberties: How The Foreign Terrorist Organization List Satisfies Procedural Due Process, Aaron Schwartz 2014 Penn State Law

National Security And The Protection Of Constitutional Liberties: How The Foreign Terrorist Organization List Satisfies Procedural Due Process, Aaron Schwartz

Penn State Journal of Law & International Affairs

Foreign terrorist organizations pose a real and constantly evolving threat to U.S. national security. The Foreign Terrorist Organization (FTO) List seeks to temper that threat by extending the U.S. government an effective legal tool to identify and sanction members of terrorist organizations and those who support them. At the same time, however, the government must also ensure that its efforts to protect U.S. citizens do not trample constitutionally protected rights. This comment begins by exploring the FTO List's authorizing legislation and the policy and goals of that legislation. The comment then reviews and analyzes a series ...


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