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- Frank J. Garcia (13)
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- Lukasz A Gruszczynski (3)
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Articles 31 - 56 of 56
Full-Text Articles in Law
The Transatlantic Gmo Dispute Against The European Communities: Some Preliminary Thoughts, David A. Wirth
The Transatlantic Gmo Dispute Against The European Communities: Some Preliminary Thoughts, David A. Wirth
David A. Wirth
Any day now, a World Trade Organization panel is expected to rule in a dispute between the U.S. and the EU concerning market access for genetically-engineered foods and crops. This piece, written before the release of the WTO panel's report, analyzes novel systemic issues concerning the impact of WTO law on regulatory design, at both the national and international levels, that are raised by this dispute. These include (1) the application of WTO disciplines to regulatory schemes that require prior governmental approval to protect the environment and public health from newly-introduced products and substances; (2) the role of precaution as …
The International Organization For Standardization: Private Voluntary Standards As Swords And Shields, David A. Wirth
The International Organization For Standardization: Private Voluntary Standards As Swords And Shields, David A. Wirth
David A. Wirth
Private voluntary standards such as the International Organization for Standardization’s (ISO’s) 14000 series have played an increasingly important role in encouraging corporations to adopt more sustainable business models on their own initiative and not in direct response to governmentally mandated requirements. ISO standards have a number of benefits, including promoting international uniformity; elevating environmental issues within an enterprise; promoting international trade; and providing a minimal level of environmental performance in countries with less than adequate regulatory infrastructure. Concerns about ISO standards include the relationship to public regulation; and ISO 14001’s essentially procedural, as opposed to performance-based, character. International trade agreements …
Make Trade Rules Attuned To The Ecological Needs And Interests Of Future Generations: Cli Recommendation No. 15, David A. Wirth
Make Trade Rules Attuned To The Ecological Needs And Interests Of Future Generations: Cli Recommendation No. 15, David A. Wirth
David A. Wirth
This recommendation observes that international trade agreements as currently structured do not establish minimum standards so as to protect the climate for present and future generations. Accordingly, it advocates potential strategies that could be employed in future rounds of international trade negotiations to mobilize the international trade regime in the pursuit of climate-friendly policies. These strategies include, among others, the elimination of climate-degrading subsidies, the liberalization of trade in climate-friendly goods and services, and the promotion of climate-friendly investments (particularly in the energy sector). In addition, the recommendation proposes a modification in trade rules to account for the greenhouse-gas intensity …
International Trade Law: Cli Background Paper No. 10, David A. Wirth
International Trade Law: Cli Background Paper No. 10, David A. Wirth
David A. Wirth
No abstract provided.
The President, The Environment, And Foreign Policy: The Globalization Of Environmental Politics, David A. Wirth
The President, The Environment, And Foreign Policy: The Globalization Of Environmental Politics, David A. Wirth
David A. Wirth
By comparison with domestic environmental issues, international environmental diplomacy is distinguished by the far greater role of the Executive Branch, and in particular the President, in making law. This essay explores the legal consequences of the President's dual role in international environmental diplomacy: his duty faithfully to execute statutory mandates adopted by Congress while also serving as the Nation's chief diplomat and negotiator of international agreements with foreign powers. The piece discusses the legal and policy dynamics surrounding two concrete examples affecting domestic and international environmental policy, in which Presidential power assumes dramatically different forms: (1) climate change, and in …
The ‘Fair’ Trade Law Of Nations, Or A ‘Fair’ Global Law Of Economic Relations?, Frank J. Garcia
The ‘Fair’ Trade Law Of Nations, Or A ‘Fair’ Global Law Of Economic Relations?, Frank J. Garcia
Frank J. Garcia
No abstract provided.
Trade-Based Strategies For Combatting Child Labor, Frank J. Garcia, Soohyun Jun
Trade-Based Strategies For Combatting Child Labor, Frank J. Garcia, Soohyun Jun
Frank J. Garcia
International commerce facilitates abusive child labor when it offers a market for the goods produced through such practices. International trade sanctions are thus a logical avenue for confronting abusive child labor, by eliminating the commercial opportunities for such goods. However, it is not clear that domestic child labor sanctions would survive legal challenge under WTO law as currently interpreted. For international trade law to serve as a viable strategy for change, there must first be a clear theoretical and doctrinal case for the WTO-consistency of domestic child labor-based sanctions. In this chapter, we present this case, using the U.S. section …
Globalization, Global Community And The Possibility Of Global Justice, Frank J. Garcia
Globalization, Global Community And The Possibility Of Global Justice, Frank J. Garcia
Frank J. Garcia
In this essay, I suggest five ways in which globalization is changing the cosmopolitan/communitarian debate over global justice, by creating, both inter-subjectively and at the regulatory level, the constitutive elements of a limited global community. Members of this global community are increasingly aware of each other’s needs and circumstances, increasingly capable of effectively addressing these needs, and increasingly contributing to these circumstances in the first place. They find themselves involved in the same global market society, and together these members look to the same organizations, especially those at the meta-state level, to provide regulatory approaches to addressing problems of global …
The Integration Of Smaller Economies Into The Ftaa, Frank J. Garcia
The Integration Of Smaller Economies Into The Ftaa, Frank J. Garcia
Frank J. Garcia
No abstract provided.
The Global Market And Human Rights: Trading Away The Human Rights Principle, Frank J. Garcia
The Global Market And Human Rights: Trading Away The Human Rights Principle, Frank J. Garcia
Frank J. Garcia
No abstract provided.
Nafta And The Creation Of The Ftaa: A Critique Of Piecemeal Accession, Frank J. Garcia
Nafta And The Creation Of The Ftaa: A Critique Of Piecemeal Accession, Frank J. Garcia
Frank J. Garcia
No abstract provided.
Building A Just Trade Order For A New Millennium, Frank J. Garcia
Building A Just Trade Order For A New Millennium, Frank J. Garcia
Frank J. Garcia
No abstract provided.
Just Trade Under Law: Do We Need A Theory Of Justice For International Trade Relations?, Frank J. Garcia
Just Trade Under Law: Do We Need A Theory Of Justice For International Trade Relations?, Frank J. Garcia
Frank J. Garcia
No abstract provided.
Trade And Justice: Linking The Trade Linkage Debates, Frank J. Garcia
Trade And Justice: Linking The Trade Linkage Debates, Frank J. Garcia
Frank J. Garcia
No abstract provided.
Marine Mammals And International Trade: Balancing Social Conscience With Trade Obligations – A Summary And Update On The World Trade Organization Seal Products Dispute, Chad J. Mcguire
Chad J McGuire
The Global Politics Of Food: Introduction To The Theoretical Perspectives Cluster, Carmen G. Gonzalez
The Global Politics Of Food: Introduction To The Theoretical Perspectives Cluster, Carmen G. Gonzalez
Carmen G. Gonzalez
The corporate-dominated, fossil-fuel dependent model of agricultural production has produced chronic undernourishment, an epidemic of obesity and diet-related diseases, and unprecedented ecological devastation. In May 2010, the Universidad Interamericana in Mexico City hosted an international conference on The Global Politics of Food: Sustainability and Subordination. Sponsored by Latina and Latino Critical Legal Theory, Inc. and by Seattle University School of Law, the conference took place under the auspices of the South-North Exchange on Theory, Culture and Law (SNX), a yearly gathering of scholars in the Americas that seeks to foster transnational, cross-disciplinary and inter-cultural dialogue on current issues in law, …
How Deep Should We Go? Searching For An Appropriate Standard Of Review In Sps Cases, Lukasz A. Gruszczynski
How Deep Should We Go? Searching For An Appropriate Standard Of Review In Sps Cases, Lukasz A. Gruszczynski
Lukasz A Gruszczynski
The Law Merchant-Redux, Art Gemmell Dr.
The Law Merchant-Redux, Art Gemmell Dr.
art gemmell
The Lex Mercatoria- Redux Arthur J. Gemmell and Autumn Talbott* ABSTRACT
The lex mercatoria developed as merchant-made, private law. Unlike other bodies of law, the lex mercatoria was not born of statutory or “natural” law but from practical, day-to-day commercial usage. In fact, medieval commercial activities propagated the “most favorable trading practices and customs of the various foreign markets within which [merchants] did business.”
What evolved in the Middle Ages out of necessity stands today as a sometimes controversial testimony to the power of self-regulation through a specialized and practical body of law: the lex mercatoria that has for centuries …
The Sps Agreement Within The Framework Of Wto Law. The Rough Guide To The Agreement’S Applicability, Lukasz A. Gruszczynski
The Sps Agreement Within The Framework Of Wto Law. The Rough Guide To The Agreement’S Applicability, Lukasz A. Gruszczynski
Lukasz A Gruszczynski
Sps Measures Adopted In Case Of Insufficiency Of Scientific Evidence – Where Do We Stand After Ec-Biotech Products Case?, Lukasz A. Gruszczynski
Sps Measures Adopted In Case Of Insufficiency Of Scientific Evidence – Where Do We Stand After Ec-Biotech Products Case?, Lukasz A. Gruszczynski
Lukasz A Gruszczynski
Global Justice And The Bretton Woods Institutions, Frank J. Garcia
Global Justice And The Bretton Woods Institutions, Frank J. Garcia
Frank J. Garcia
Review Of The World Trade Organization: Law, Practice And Policy, Frank J. Garcia
Review Of The World Trade Organization: Law, Practice And Policy, Frank J. Garcia
Frank J. Garcia
No abstract provided.
Why Trade Law Needs A Theory Of Justice, Frank J. Garcia
Why Trade Law Needs A Theory Of Justice, Frank J. Garcia
Frank J. Garcia
No abstract provided.
Trade, Constitutionalism And Human Rights: An Overview, Frank J. Garcia
Trade, Constitutionalism And Human Rights: An Overview, Frank J. Garcia
Frank J. Garcia
No abstract provided.
Trade Implications Of The Basel Convention Amendment Banning North-South Trade In Hazardous Wastes, David A. Wirth
Trade Implications Of The Basel Convention Amendment Banning North-South Trade In Hazardous Wastes, David A. Wirth
David A. Wirth
No abstract provided.
International Trade Agreements: Vehicles For Regulatory Reform?, David A. Wirth
International Trade Agreements: Vehicles For Regulatory Reform?, David A. Wirth
David A. Wirth
No abstract provided.