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Foreign Investor Protection And Climate Action: A New Price Tag For Urgent Policies, Gus Van Harten
Foreign Investor Protection And Climate Action: A New Price Tag For Urgent Policies, Gus Van Harten
Osgoode Legal Studies Research Paper Series
From a climate perspective, not all investment is equal. Desirable investment in clean energy needs encouragement and protection, while undesirable investment in fossil fuels needs clear policy signals to avoid further investment in destructive activities and stranding more assets. In this paper, evidence is presented on how foreign investor protection provisions in trade and investment agreements tilt the playing field in favor of entrenched incumbents and against urgent action on climate; on the potential for a massive expansion of investor-state litigation and risks to climate policy in proposed trade deals; and on key flaws in recent European Commission proposals to …
Environmental Trade Measures, The Shrimp-Turtle Rulings, And The Ordinary Meaning Of The Text Of The Gatt, Howard F. Chang
Environmental Trade Measures, The Shrimp-Turtle Rulings, And The Ordinary Meaning Of The Text Of The Gatt, Howard F. Chang
All Faculty Scholarship
No abstract provided.
Toward A Greener Gatt: Environmental Trade Measures And The Shrimp-Turtle Case, Howard F. Chang
Toward A Greener Gatt: Environmental Trade Measures And The Shrimp-Turtle Case, Howard F. Chang
All Faculty Scholarship
No abstract provided.
An Economic Analysis Of Trade Measures To Protect The Global Environment, Howard F. Chang
An Economic Analysis Of Trade Measures To Protect The Global Environment, Howard F. Chang
All Faculty Scholarship
In this article, Professor Howard Chang addresses the role of trade restrictions in supporting policies to protect the global environment and proposes a more liberal treatment of these environmental trade measures than that adopted by dispute-settlement panels of the General Agreement on Tariffs and Trade (GATT). The GATT Secretariat has recommended that countries like the United States rely on "carrots" rather than "sticks" in order to induce the participation of other countries in multilateral environmental agreements. Professor Chang defends the use of sticks on the ground that they encourage more restrained exploitation of the environment pending a multilateral agreement. First, …
Imprudent Power: Reconsidering U.S. Regulation Of Foreign Tender Offers, Jill E. Fisch
Imprudent Power: Reconsidering U.S. Regulation Of Foreign Tender Offers, Jill E. Fisch
All Faculty Scholarship
No abstract provided.
An Economic Approach To The Determination Of Injury Under United States Antidumping And Countervailing Duty Law, Michael S. Knoll
An Economic Approach To The Determination Of Injury Under United States Antidumping And Countervailing Duty Law, Michael S. Knoll
All Faculty Scholarship
No abstract provided.
Gray-Market Imports: Causes, Consequences And Responses, Michael S. Knoll
Gray-Market Imports: Causes, Consequences And Responses, Michael S. Knoll
All Faculty Scholarship
This article explores the issue of gray-market imports. The author explains the four causes of gray-market imports and explores the possibility of private remedies in order to stem the flow of these imports. The article then turns to the possibility of protection in the public sector by discussing pertinent statutory provisions and the development of the case law in this area.
Duties To Offset Competitive Advantages, Richard B. Dagen, Michael S. Knoll
Duties To Offset Competitive Advantages, Richard B. Dagen, Michael S. Knoll
All Faculty Scholarship
No abstract provided.