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Full-Text Articles in Law

The Interaction Of Tax And Non-Tax Treaties, Robert A. Green Dec 2014

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.


Development Through Trade Disputes: Building A Reputation Using The World Trade Organization's Dispute Settlement System, Jason L. Holliday Dec 2014

Development Through Trade Disputes: Building A Reputation Using The World Trade Organization's Dispute Settlement System, Jason L. Holliday

West Virginia Law Review

No abstract provided.


Gatt/Wto Rules For Border Tax Adjustment And The Proposed European Directive Introducing A Tax On Carbon Dioxide Emissions And Energy, Christian Pitschas Oct 2014

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.


Environmental Unilateralism And The Wto/Gatt System, Ilona Cheyne Oct 2014

Environmental Unilateralism And The Wto/Gatt System, Ilona Cheyne

Georgia Journal of International & Comparative Law

No abstract provided.


The World Trade Organization: Elevating Property Interests Above Human Rights, Marjorie Cohn Oct 2014

The World Trade Organization: Elevating Property Interests Above Human Rights, Marjorie Cohn

Georgia Journal of International & Comparative Law

No abstract provided.


The World Trade Organization And Its Interpretation Of The Article Xx Exceptions To The General Agreement Of Tariffs And Trade, In Light Of Recent Developments, Brandon L. Bowen Oct 2014

The World Trade Organization And Its Interpretation Of The Article Xx Exceptions To The General Agreement Of Tariffs And Trade, In Light Of Recent Developments, Brandon L. Bowen

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 Oct 2014

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.


The Dispute Settlement Systems Of Wto And Nafta - Analysis And Comparison, Patrick Specht Oct 2014

The Dispute Settlement Systems Of Wto And Nafta - Analysis And Comparison, Patrick Specht

Georgia Journal of International & Comparative Law

No abstract provided.


Agricultural Trade Liberalization In The Doha Round: The Search For A Modalities Draft, Cody A. Thacker Oct 2014

Agricultural Trade Liberalization In The Doha Round: The Search For A Modalities Draft, Cody A. Thacker

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 Sep 2014

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.


Taming The Counterfeit Dragon: The Wto, Trips And Chinese Amendments To Intellectual Property Laws, Andrew Evans Sep 2014

Taming The Counterfeit Dragon: The Wto, Trips And Chinese Amendments To Intellectual Property Laws, Andrew Evans

Georgia Journal of International & Comparative Law

No abstract provided.


Globalization And International Law, Charles A. Hunnicutt Sep 2014

Globalization And International Law, Charles A. Hunnicutt

Georgia Journal of International & Comparative Law

No abstract provided.


Still Dissatisfied After All These Years: Intellectual Property, Post-Wto China, And The Avoidable Cycle Of Futility, Peter K. Yu Sep 2014

Still Dissatisfied After All These Years: Intellectual Property, Post-Wto China, And The Avoidable Cycle Of Futility, Peter K. Yu

Georgia Journal of International & Comparative Law

No abstract provided.


An Overview Of The Draft China Antimonopoly Law, H. Stephen Harris Jr. Sep 2014

An Overview Of The Draft China Antimonopoly Law, H. Stephen Harris Jr.

Georgia Journal of International & Comparative Law

No abstract provided.


Textile Trade With China - The Challenge Of Textile Safeguards, William A. Gillon Sep 2014

Textile Trade With China - The Challenge Of Textile Safeguards, William A. Gillon

Georgia Journal of International & Comparative Law

No abstract provided.


Foreign Precedents In The Federal Judiciary: The Case Of The World Trade Organization's Dsb Decisions, James Thuo Gathii Sep 2014

Foreign Precedents In The Federal Judiciary: The Case Of The World Trade Organization's Dsb Decisions, James Thuo Gathii

Georgia Journal of International & Comparative Law

No abstract provided.


Sailing The Seas Of Protectionism: The Simultaneous Application Of Antidumping And Countervailing Duties To Nonmarket Economies - An Affront To Domestic And International Laws, Christopher Blake Mcdaniel Sep 2014

Sailing The Seas Of Protectionism: The Simultaneous Application Of Antidumping And Countervailing Duties To Nonmarket Economies - An Affront To Domestic And International Laws, Christopher Blake Mcdaniel

Georgia Journal of International & Comparative Law

No abstract provided.


Worth Keeping Around? The United States' Biofuel Policies And Compliance With The World Trade Organization, Kelly Christian Sep 2014

Worth Keeping Around? The United States' Biofuel Policies And Compliance With The World Trade Organization, Kelly Christian

Georgia Journal of International & Comparative Law

No abstract provided.


Justice For All In The Dispute Settlement System Of The World Trade Organization, Kim Van Der Borght Sep 2014

Justice For All In The Dispute Settlement System Of The World Trade Organization, Kim Van Der Borght

Georgia Journal of International & Comparative Law

No abstract provided.


Moving All-In With The World Trade Organization: Ignoring Adverse Rulings And Gambling With The Future Of The Wto, Paul Rothstein Sep 2014

Moving All-In With The World Trade Organization: Ignoring Adverse Rulings And Gambling With The Future Of The Wto, Paul Rothstein

Georgia Journal of International & Comparative Law

No abstract provided.


Administrative Deference To Liberalizing And Maintaining Free Trade: An Argument For Allowing The Department Of Commerce To Bestow Retroactively Calculated Remedies Upon Importers Under Section 129(C)(1) Of The Uruguay Round Agreements Act, Daniel J. Olds May 2014

Administrative Deference To Liberalizing And Maintaining Free Trade: An Argument For Allowing The Department Of Commerce To Bestow Retroactively Calculated Remedies Upon Importers Under Section 129(C)(1) Of The Uruguay Round Agreements Act, Daniel J. Olds

Georgia Journal of International & Comparative Law

No abstract provided.


Acuerdo De Facilitación Al Comercio De La Omc: Eficiencia En Las Cadenas De Suministro Mundiales, Rodolfo C. Rivas Rea Feb 2014

Acuerdo De Facilitación Al Comercio De La Omc: Eficiencia En Las Cadenas De Suministro Mundiales, Rodolfo C. Rivas Rea

Rodolfo C. Rivas

The author provides a brief overview of the negotiation process of the Trade Facilitation Agreement under the WTO and the bringing to a successful conclusion of the agreement during the Ninth Ministerial Conference hosted by Indonesia. The author then delves into the general contents of the agreement and the possible benefits it can bring to the private sector, specifically in relation to the Global value chains. ////////////////////////////////////// El autor ofrece un breve panorama general del proceso de negociación del Acuerdo de Facilitación del Comercio (AFC) de la OMC y la exitosa conclusión del acuerdo durante la Novena Conferencia Ministerial en …


Us-China Trade Relations—Litigation In The Wto 2001–2014., Stuart Malawer Feb 2014

Us-China Trade Relations—Litigation In The Wto 2001–2014., Stuart Malawer

stuart malawer

No abstract provided.


Behavioral International Law, Tomer Broude Feb 2014

Behavioral International Law, Tomer Broude

Tomer Broude

Economic analysis and rational choice have in the last decade made significant inroads into the study of international law and institutions, relying upon standard assumptions of perfect rationality of states and decision-makers. This approach is inadequate, both empirically and in its tendency towards outdated formulations of political theory. This article presents an alternative behavioral approach that provides new hypotheses addressing problems in international law while introducing empirically grounded concepts of real, observed rationality. First, I address methodological objections to behavioral analysis of international law: the focus of behavioral research on the individual; the empirical foundations of behavioral economics; and behavioral …


Trading Away Human Rights, Kaitlin Y. Cordes, Olivier De Schutter Jan 2014

Trading Away Human Rights, Kaitlin Y. Cordes, Olivier De Schutter

Columbia Center on Sustainable Investment Staff Publications

Trade negotiators in Singapore recently failed to finalize a deal on the long-awaited Trans-Pacific Partnership; they will soon have another chance to complete what would be the world’s largest regional free-trade agreement. But, given serious concerns that the TPP will fail to consider important human-rights implications, that is no cause for celebration.


The Depth Of The Trade In Services Agreement, Harold Godsoe Jan 2014

The Depth Of The Trade In Services Agreement, Harold Godsoe

Harold Godsoe

The setting against which plurilateral negotiations toward a new Trade in Services Agreement (TISA) are taking place is frustration. Service liberalization from GATS to bilateral PTAs to the Doha round have proven difficult and/or ineffective. The glaring and unexamined question is: why? This paper examines the current trade literature for what is known about TISA to date and subjects that information to a feasibility analysis for trade in service agreements. My goal is to understand what went wrong in previous attempts to liberalize services and/or trade and, consequently, what might being going wrong in TISA, and how it might be …


Australian Plain Packaging Law, International Litigations And Regulatory Chilling Effect, Lukasz A. Gruszczynski Jan 2014

Australian Plain Packaging Law, International Litigations And Regulatory Chilling Effect, Lukasz A. Gruszczynski

Lukasz A Gruszczynski

Introduction of plain packaging law by Australia in 2012 was met with strong opposition from transnational tobacco companies (TTCs). While advocates of the law see it as a logical step in governmental efforts to curb tobacco use and improve public health in Australia, TTCs claim that the new law is scientifically unsound, overly intrusive and that it infringes a number of international law provisions relating to trademark and property protection. Some TTCs, either directly or indirectly,have decided to test the Australian measure before international tribunals. Although, these challenges are connectedwith interests held by TTCs in Australia, they should be seen …


Private Enforcement Of Trips By Applying The Eu Law Principles Of Direct Effect And State Liability, Saud Aldawsari Jan 2014

Private Enforcement Of Trips By Applying The Eu Law Principles Of Direct Effect And State Liability, Saud Aldawsari

Law Student Publications

This comment is divided into three sections. Part I introduces the World Trad Organization (WTO) generally and analyzes the Trade Related Agreement on Intellectual Property Rights (TRIPS) agreement specifically. Part II discusses the proposed theory and its basis. It then introduces Novartis. The comment then explores the relevant EU laws and analyzes the jurisprudence of Direct Effect and State Liability. Part III applies EU law to Novartis.


International Economic Law And The Right To Food, Carmen G. Gonzalez Dec 2013

International Economic Law And The Right To Food, Carmen G. Gonzalez

Carmen G. Gonzalez

This chapter examines the historic and current policies and practices that have contributed to food insecurity in the global South. It analyzes the impact of international economic law on the patterns of trade and production that perpetuate food insecurity, and recommends concrete measures that the international community might take through law and regulation to promote the fundamental human right to food. Part I provides a short introduction to the right to food framework and its implications for international trade, investment, and finance. Part II places the current food crisis in historical perspective by discussing the trade and aid policies that …


Proportionality, General Principles Of Law, And Investor-State Arbitration: A Response To Jose Alvarez, Alec Stone Sweet Dec 2013

Proportionality, General Principles Of Law, And Investor-State Arbitration: A Response To Jose Alvarez, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.