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Full-Text Articles in Law
Communitizing Transnational Regulatory Concerns, Sungjoon Cho, Cecilia Suh, Jacob Radecki
Communitizing Transnational Regulatory Concerns, Sungjoon Cho, Cecilia Suh, Jacob Radecki
All Faculty Scholarship
The conventional, rationalist view explains that a state will only assent to international regulation if such regulation directly serves the state’s interest. In contrast, nascent transnational regulatory intermediaries, such as the World Trade Organization’s (WTO) Technical Barriers to Trade (TBT) Committee, seek to ameliorate such parochial state interests through a broader interstate dialogue. This Article addresses the challenging question of whether these intermediaries have any meaningful effect on the resolution of interstate trade disputes. To examine this question, this Article utilizes data from over 400 examples of “specific trade concerns” (STCs) raised by WTO members in the TBT Committee. Our …
Obligations Versus Rights: Substantive Difference Between Wto And International Investment Law, Chios Carmody
Obligations Versus Rights: Substantive Difference Between Wto And International Investment Law, Chios Carmody
Law Publications
WTO law remains relatively uncontentious whereas international investment law elicits much more debate. This article posits that the differences in reception are attributable to deeper substantive differences about what is protected under each regime. In WTO law what is protected is the sum total of all commitments and concessions under the WTO Agreement, something that can be thought of as a “public” good. When a country injures that good, the remedy is for the country to cease the injury, a requirement that naturally places emphasis on obligation. In international investment law, by contrast, what is protected is individualized to a …
Regime Shifting Of Ip Law Making And Enforcement From The Wto To The International Investment Regime, James T. Gathii, Cynthia M. Ho
Regime Shifting Of Ip Law Making And Enforcement From The Wto To The International Investment Regime, James T. Gathii, Cynthia M. Ho
Faculty Publications & Other Works
No abstract provided.