Law Commons^™

Informing Wto Reform: Dispute Settlement Performance, 1995-2020, Bernard M. Hoekman, Petros C. Mavroidis, Maarja Saluste

Faculty Scholarship

This article presents salient facts on the performance of WTO dispute settlement, using an updated dataset on cases adjudicated between 1992 and mid 2020. The dataset provides a comprehensive compilation of information on WTO disputes, including complainants, respondents and third parties; the substantive matters tabled; the WTO provisions invoked; the claims that are accepted or rejected by adjudicating bodies; the time involved to complete the consultation, panel and appeal (Appellate Body) stages; and the identity of panelists and how they were appointed. We highlight elements of the operation of the system that are salient to WTO reform discussions, while drawing …

Gulf Airline Subsidization: Should The European Union And The United States Collaborate To Combat This Alleged Threat?, Savannah H. Moon

Georgia Journal of International & Comparative Law

No abstract provided.

Given Today's New Wave Of Protectionsim, Is Antitrust Law The Last Hope For Preserving A Free Global Economy Or Another Nail In Free Trade's Coffin?, Allison Murray

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Moving Beyond The Wto: A Proposal To Adjudicate Gmo Disputes In An International Environmental Court, Marguerite A. Hutchinson

San Diego International Law Journal

This Article begins with a brief summary of the scientific basis of creating GMOs and its historic precursors. The second section provides an overview of risks to humans and the environment. The third part of this Article analyzes the arguments put forward by both the United States and the E.U., which have defined the conflict between blocs of countries pushing GMOs abroad and those who persistently reject them. The fourth section evaluates the respective regulatory schemes imposed on GMOs by the United States and Europe, domestically and by international treaty. The success of these systems is evaluated in the fifth …

Reaching For Environmental And Economic Harmony: Can Ttip Negotiations Bridge The U.S.-Eu Chemical Regulatory Gap?, Ashley Henson

Georgia Journal of International & Comparative Law

No abstract provided.

The New Tobacco Products Directive And Wto Law: Much Ado About Nothing?, Lukasz A. Gruszczynski

Lukasz A Gruszczynski

Gatt/Wto Rules For Border Tax Adjustment And The Proposed European Directive Introducing A Tax On Carbon Dioxide Emissions And Energy, Christian Pitschas

Georgia Journal of International & Comparative Law

No abstract provided.

Raging Hormones: A Discussion Of The World Trade Organization's Decision In The European Union-United States Beef Dispute, George H. Rountree

Georgia Journal of International & Comparative Law

No abstract provided.

International Trade Law And The U.S.-Eu Gmo Debate: Can Africa Weather This Storm?, Michelle K. Mcdonald

Georgia Journal of International & Comparative Law

No abstract provided.

A Barren Harvest For The Developing World? Presidential "Trade Promotion Authority" And The Unfulfilled Promise Of Agriculture Negotiations In The Doha Round, Clete D. Johnson

Georgia Journal of International & Comparative Law

No abstract provided.

Social Movements As Constituent Power: The Italian Struggle For The Commons, Saki Bailey, Ugo Mattei

Indiana Journal of Global Legal Studies

The Italian commons (beni comuni) movement is a powerful example of the way in which social movements are emerging as the new pouvoir constituant serving not only to enforce the protections and guarantees of national constitutions but also, in the context of the declining power of the nation-state, as a counter hegemonic force against the neoliberal economic constitutionalism of the international economic institutions. The common goods social movement in Italy was born out of the concerted action of a number of civil society groups combatting neoliberal privatizations. This commons movement, as will be argued in this paper, is an instance …

One (Firm) Is Not Enough: A Legal-Economic Analysis Of Ec-Fasteners, Chad P. Brown, Petros C. Mavroidis

Faculty Scholarship

The WTO’s Appellate Body (AB) dealt with a number of issues for the first time in the Report of EC-Fasteners. Importantly, the AB discussed the consistency of the European Union (EU) regulation with the multilateral rules on the conditions for deviating from the obligation to calculate individual dumping margins. Although China formally won the argument, the AB may have opened the door to treat China as a non-market economy (NME) even beyond 2016 when China’s NME-status was thought to expire under the terms of China’s 2001 WTO Accession Protocol. The AB further dealt with numerous other issues ranging from statistical …

Ec Incentive Arrangements For Sustainable Development And Good Governance (Gsp Plus) And Wto Law – Critical Analysis, Lukasz A. Gruszczynski

Lukasz A Gruszczynski

This article analyses the current general system of preferences of the EC in order to assess its conformity with the international obligations imposed by law of the World Trade Organization. The analysis is carried out in light of the recent WTO ruling, which found the old system of preferences incompatible with WTO law. In this context, the article argues that some aspects of the new system relating to special incentive arrangements for sustainable development and good governance may potentially conflict with the requirements of international trade law.

Introduction: Globalization Of Administrative And Regulatory Practice, Charles H. Koch Jr.

Faculty Publications

No abstract provided.

Direct Effect Of International Economic Law In The United States And The European Union, Ronald A. Brand

Articles

One of the most important and challenging issues in international law is the manner in which we address the relationship between the individual and the international legal system. The traditional framework, in which we set a "sovereign" government between the individual and the development and application of the rules, is no longer sufficient in all circumstances. The fact that governments feel insecure or threatened by the application of international legal rules in actions brought by individuals is not sufficient reason to preclude that development. The purpose of government is not to perpetuate traditional power structures, it is to provide security …

Major Changes In Council Regulation 3283/94: Its Compatibility With The Uruguay Round Anti-Dumping Code, Sangsoo Son

LLM Theses and Essays

Dumping can be defined as exporting goods at prices below those charged on the domestic market or at prices insufficient to recover the cost of the goods sold. Dumping is considered an unfair trading practice because it interferes with free market economy principles. During the 1980s, anti-dumping measures were an important issue for a few developed countries that had attractive markets for foreign producers; these countries were the United States, the European Community, Canada, and Australia. The European Community (EC) has developed its own anti-dumping laws over the years; Article 113 of the EEC Treaty gives power to Community institutions …