Law Commons^™

Data Exclusivities In The Age Of Big Data, Biologics, And Plurilaterals, Peter K. Yu

Peter K. Yu

The past decade has seen many new developments impacting the intellectual property system. The introduction of big data analytics has transformed the fields of biotechnology and bioinformatics while ushering in major advances in drug development, clinical practices, and medical financing. The arrival of biologics and personalized medicines has also revolutionized the healthcare and pharmaceutical industries. In addition, the emergence of bilateral, regional, and plurilateral trade agreements have raised serious, and at times difficult, questions concerning the evolution of domestic and international intellectual property standards.

One topic linking all three developments together concerns the establishment of international standards to protect clinical …

Between Dialogue And Decree: International Review Of National Courts, Robert B. Ahdieh

Robert B. Ahdieh

Recent years have seen dramatic growth in the number of international tribunals at work across the globe, from the Appellate Body of the World Trade Organization and the International Tribunal for the Law of the Sea, to the Claims Resolution Tribunal for Dormant Claims in Switzerland and the International Criminal Court. With this development has come both increased opportunity for interaction between national and international courts and increased occasion for conflict. Such friction was evident in the recent decision in Loewen Group, Inc. v. United States, in which an arbitral panel constituted under the North American Free Trade Agreement found …

Border Crossings: Nafta, Regulatory Restructuring, And The Politics Of Place, Ruth Buchanan

Ruth Buchanan

Professor Buchanan begins her paper by questioning whether recent economic and political shifts towards notions of "globalization" (e.g., the NAFTA) have failed to consider the politics or economics of change in particular places. Her prime example of a "place" where integration is illogically forced against a background of differentiation is the U.S.-Mexico border region. Through the scope of a "regulatory complex" (a complex of legal, institutional, regulatory, and social orderings), she departs from the common view of the NAFTA as a productive tool of North American integration, and instead views the NAFTA as exacerbating "differences between localities, industries, and labor …

From Gats To Apec: The Impact Of Trade Agreements On Legal Services, Laurel S. Terry, Laurel S. Terry

Laurel S. Terry

This article provides a comprehensive overview of the treatment of legal services in the United States‘ international trade agreements. Although many individuals are now familiar with the General Agreement on Trade in Services (GATS), far fewer realize that legal services are included in at least fifteen international trade agreements to which the United States is a party. This article begins by identifying those trade agreements and other developments including the 2009 Legal Services Initiative of the Asia Pacific Economic Cooperation (APEC). The article continues by explaining the structure of the GATS and comparing its provisions to the provisions found in …

Empiricism And International Law: Insights For Investment Treaty Dispute Resolution, Susan Franck

Susan D. Franck

While scholars in the United States increasingly focus on the empirical dimension of legal scholarship, there have been challenges in using empiricism to explore international legal issues. Rather than relying on logic or instinct alone, empirical methodologies can provide scholars with tools to gain new facts, see existing ideas through a different lens, and engage in a more nuanced analysis of international law phenomena. There appears to be a natural synergy between empiricism and international investment treaty dispute resolution. With calls for trade time outs by U.S. presidential candidates, there is interest in how investment treaties function, whether they achieve …

Globalization And The Border: Trade, Labor, Migration, And Agricultural Production In Mexico, Chantal Thomas

Chantal Thomas

The debate over immigration policy in the United States has reached a crescendo in recent years, with particular concern over illegal workers and their impact on social well-being in this country. Yet in the prevailing analysis of this issue, the relationship between immigration and contemporary international trade policy is often overlooked. In particular, few commentators recognize or understand that a significant part of the surge in illegal labor from Mexico--the source of the majority of undocumented workers in the United States—stems from reforms that Mexico undertook in cooperation with the United States to liberalize trade flows across the Mexico-United States …

Constitutional Change And International Government, Chantal Thomas

Chantal Thomas

No abstract provided.

The Interaction Of Tax And Non-Tax Treaties, Robert A. Green

Robert A. Green

This background note consists of two parts. Part one provides an overview of the extent to which tax matters are currently covered in non-tax treaties. This discussion focuses on the general agreement on tariffs and trade (GATT)/World Trade Organization (WTO) agreement and the North American free trade agreement (NAFTA) (which cover direct tax measures only to a limited extent) and the European Community (EC) treaty (which covers direct tax measures more broadly). Part two outlines the issues raised when tax matters are covered in non-tax treaties.

Expanding The Nafta Chapter 19 Dispute Settlement System: A Way To Declaw Trade Remedy Laws In A Free Trade Area Of The Americas?, Stephen J. Powell

Stephen Joseph Powell

Chapter 19 of the NAFTA transfers judicial review of U.S., Canadian, and Mexican government investigations under the controversial anti-dumping and countervailing duty (AD/CVD) laws from national courts to binational panels of private international law experts. The system stands as a unique surrender of judicial sovereignty to an international body, a hybrid of national courts and international dispute settlement with as yet no parallel in the world of international trade or other international law regimes. Binational panel decisions have been controversial because agencies chafe at their intimate examination of agency findings and supporting evidence. Panels also are viewed as substantially more …

Nafta Title Vi Customs Modernization Act: An Importer’S Obligation To Use “Reasonable Care” Vs. Its Desire To Maximize Profits, Rosi Lehr

Rosi Lehr

No abstract provided.

International Labor Law: Cases And Materials On Workers' Rights In The Global Economy, James Atleson, Lance Compa, Kerry Rittich, Calvin Sharpe, Marley Weiss

Lance A Compa

Comprehensive in scope, International Labor Law examines labor rights and labor standards in multilateral and regional institutions like the WTO, ILO, OECD and the European Union; regional and bilateral trade agreements like NAFTA and more recent bilateral agreements with developing countries; the new labor-trade "template" in U.S. trade policy; and private initiatives like anti-sweatshop campaigns and corporate codes of conduct. Thematic chapters deal with labor rights lawsuits in U.S. courts; cross-border labor organizing and bargaining ; migrant workers; women workers in the global economy, and child labor.

Documentary Supplement To International Labor Law: Cases And Materials On Workers' Rights In The Global Economy, James Atleson, Lance Compa, Kelley Rittich, Calvin Sharpe, Marley Weiss

Lance A Compa

This documentary supplement to International Labor Law contains excerpts of instruments dealing with international labor rights, including multilateral, regional, and U.S. labor rights instruments, as well as corporate codes of conduct and private sector framework agreements. Comprehensive in scope, International Labor Law examines labor rights and labor standards in multilateral and regional institutions like the WTO, ILO, OECD, and European Union; regional and bilateral trade agreements like NAFTA and more recent bilateral agreements with developing countries; the new labor-trade "template" in U.S. trade policy; and private initiatives like anti-sweatshop campaigns and corporate codes of conduct.

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

Frank J. Garcia

No abstract provided.

The Integration Of Smaller Economies Into The Ftaa, Frank J. Garcia

Frank J. Garcia

No abstract provided.

Nafta And The Creation Of The Ftaa: A Critique Of Piecemeal Accession, Frank J. Garcia

Frank J. Garcia

No abstract provided.

Protection Of Intellectual Property Rights In The North American Free Trade Agreement: A Successful Case Of Regional Trade Regulation, Frank J. Garcia

Frank J. Garcia

No abstract provided.

"Americas Agreements" - An Interim Stage In Building The Free Trade Area Of The Americas, Frank J. Garcia

Frank J. Garcia

No abstract provided.

Expanding The Nafta Chapter 19 Dispute Settlement System: A Way To Declaw Trade Remedy Laws In A Free Trade Area Of The Americas?, Stephen Powell

Stephen Joseph Powell

Chapter 19 of the NAFTA transfers judicial review of U.S., Canadian, and Mexican government investigations under the controversial anti-dumping and countervailing duty (AD/CVD) laws from national courts to binational panels of private international law experts. The system stands as a unique surrender of judicial sovereignty to an international body, a hybrid of national courts and international dispute settlement with as yet no parallel in the world of international trade or other international law regimes. Binational panel decisions have been controversial because agencies chafe at their intimate examination of agency findings and supporting evidence. Panels also are viewed as substantially more …

A Quince Años Del Capítulo Xi Del Tlcan, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.

Foreign Direct Investment, Investment Treaty Arbitration And The Rule Of Law, Susan Franck

Susan D. Franck

In the last decade, there has been a surge in the number of multi-lateral and bilateral investment treaties governments have signed; meanwhile there have been dramatic increases in the amount of foreign direct investment (FDI); and, more recently, the number of claims brought under investment treaties has spiked. This Article examines the relationship amongst these factors and is the first to review the emerging empirical economic literature investigating whether investment treaties achieve their goal of promoting FDI. The Article then specifically evaluates the impact that the procedural right to arbitrate investment claims plays in the process of promoting FDI and …

Impacts Of The North American Free Trade Agreement On Indigenous Peoples And Their Interests, Brenda L. Gunn

Brenda L. Gunn

This article argues that while trade liberalization has the potential to have positive economic effects upon Indigenous peoples, NAFTA does not adequately take into account and protect Indigenous peoples concerns and interests. While the purpose of international trade regulation is to remove trade barriers and ensure a level playing field, current trade regimes do impact Indigenous peoples' rights and interests. Therefore the interaction of international trade and Indigenous peoples' rights merits consideration. The article begins with a brief introduction to NAFTA and describes some of the provisions contained therein. Next, the article looks at the threes governments’ views about NAFTA …