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International Trade Law

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2015

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Articles 361 - 369 of 369

Full-Text Articles in Law

Taking Care Of Business: The Legal Affairs Division From The Gatt To The Wto, Petros C. Mavroidis Jan 2015

Taking Care Of Business: The Legal Affairs Division From The Gatt To The Wto, Petros C. Mavroidis

Faculty Scholarship

The WTO is usually referred to as a ‘member-driven organisation’. This term aims to capture the idea that it is states and customs territories, the members of the WTO, that have the initiative to decide on the direction of the institution. The WTO Secretariat is more or less what the term denotes: staff hired in order to help the members realise their aspirations. This is as true today as it was yesterday. Actually, over the years the Secretariat has for various reasons accumulated extra responsibilities, always with the tacit acquiescence or explicit acknowledgement of the members. In short, the members …


Is The Turkey Halal? Genetically Modified Animal Feed Regulation Where East Meets West, Jennifer Spreng Dec 2014

Is The Turkey Halal? Genetically Modified Animal Feed Regulation Where East Meets West, Jennifer Spreng

Jennifer E Spreng

Turkey’s Biosafety Law (2010) imposes some of the world’s most stringent restrictions on the import, release and marketing of genetically modified foodstuffs. The Biosafety Board has not approved a single food event; the Council of State has suspended approval of MON 810; Turks have endured meat and milk price spikes; herders are going bankrupt for lack of affordable feed; and importers have been arrested and prosecuted for trace contamination with unapproved GMOs. It’s a pox an all their houses: Turks want nothing do with GM foodstuffs.

The culprit? The “precautionary principle,” which authorizes taking precautions in the face of scientific …


Accounting For Taste: Trade Law Implications Of Taxing Meat To Fight Climate Change, Marya Torrez Dec 2014

Accounting For Taste: Trade Law Implications Of Taxing Meat To Fight Climate Change, Marya Torrez

Marya Torrez

Global climate change threatens to have disastrous consequences for life as we know it. Animal agriculture makes a tremendous contribution to climate change. While largely ignored in the policy arena, in recent years, scientists have suggested a tax on meat to begin to address this issue. This article looks seriously at this proposal and addresses some of the potential international trade law implications. Assessing such a tax on imports would be vital in order for the tax to have any impact. Moreover, rebating the tax on exports would likely be necessary in order for the tax to gain political support. …


Balancing Domestic Nuclear Industry Viability With International Security: Imminent Changes To Nuclear Export Control Regulations, Brendan Burke Dec 2014

Balancing Domestic Nuclear Industry Viability With International Security: Imminent Changes To Nuclear Export Control Regulations, Brendan Burke

Brendan Burke

In August 2013, the Department of Energy promulgated a supplemental notice of proposed rulemaking to revise the Code of Federal Regulations title 10, part 810 (part 810). Part 810 controls the export of technology pertaining to special nuclear material (SNM) and its production outside the United States by U.S. citizens or corporations. Its purpose is to protect national security interests relating to nuclear non- proliferation while facilitating civil nuclear trade. The most noteworthy changes in the proposed revision pertain to how potential trade partner host countries are classified. This classification directly affects the volume of regulatory requirements applicable to transac- …


Avenues To Foreign Investment In China’S Shipping Industry—Have Lease Financing Arrangements And The Free Trade Zones Opened Markets For Foreign Non-Bank Investment?, Rick Beaumont Dec 2014

Avenues To Foreign Investment In China’S Shipping Industry—Have Lease Financing Arrangements And The Free Trade Zones Opened Markets For Foreign Non-Bank Investment?, Rick Beaumont

Rick Beaumont

No abstract provided.


Balancing Barriers To Trade And Technical Standards: Potential Impact On Ict Industries, Tyrone Berger Dec 2014

Balancing Barriers To Trade And Technical Standards: Potential Impact On Ict Industries, Tyrone Berger

Dr Tyrone Berger

This paper investigates the connection between technical standards, ICT industries, and international trade law to demonstrate how standards can be used as potential barriers to trade. There has been less attention paid to the role of standards as a form of protectionism, despite the introduction of Agreement on Technical Barriers to Trade (‘TBT Agreement’) on 15 April 1994. Stated as an objective, the TBT Agreement is to ensure that no unnecessary obstacles to international trade are created. While governments in the past have relied upon high tariffs and quotas imposed on imports to protect local industries or discriminate against foreign-produced …


“Gatting” The New Climate Treaty Right: Leveraging Energy Subsidies To Promote Multilateralism, Deepa Badrinarayana Dec 2014

“Gatting” The New Climate Treaty Right: Leveraging Energy Subsidies To Promote Multilateralism, Deepa Badrinarayana

Deepa Badrinarayana

In a previous paper, Trading Up Kyoto: A Proposal for Amending the Protocol, I argued that not only do international trade rules, specifically the operation of the World Trade Organization("WTO") agreements, hinder international climate change treaty negotiations, but also that applying exceptions to circumvent trade rules is doctrinally difficult and normatively unsettling, primarily because of WTO jurisprudence, the colorable intent of nations that are violating WTO rules in the guise of mitigating climate change, and the challenges to creating environmental exceptions to trade rules to facilitate emissions reduction. To illustrate this point, I focused on ongoing trade disputes involving a …


The United States’ Multidimensional Approach To Combatting Corruption, Padideh Ala'i Dec 2014

The United States’ Multidimensional Approach To Combatting Corruption, Padideh Ala'i

Padideh Ala'i

The United Scares legal system seeks to prevent and prohibit bribery and corruption through a myriad of laws, regulations and policies. Anti-corruption jurisprudence is more developed in the context of public sector contracts where the United States criminalizes bribery of public officials through 18 U.S.C. § 201 ( Bribery of Public Officials and Witnesses). In addition, the United States was the first country to criminalize bribery of foreign government officials in 1977 with the passage of the Foreign Corrupt Practices Act (FCPA). The FCPA has since been amended 10 comply wi1h the adop1ion of the OECD Conven1ion on Comba1ing Bribery …


Corporate "Human Rights" To Intellectual Property Protection, J. Janewa Osei Tutu Dec 2014

Corporate "Human Rights" To Intellectual Property Protection, J. Janewa Osei Tutu

J. Janewa Osei-Tutu

The global intellectual property system protects the interests of intellectual property owners, sometimes to the detriment of competing interests like public health or access to knowledge. Some scholars have proposed a human rights framework for intellectual property as a way to inject balance into the current system. However, the assertion that human rights will bring balance is often coupled with the assumption that corporations are, by definition, excluded from human rights-based intellectual property claims. Yet, corporations have used, and are likely to continue to use, human rights law to ground their intellectual property claims. Since multinational corporations were a major …