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Articles 31 - 41 of 41
Full-Text Articles in Law
A Quest For Wto’S Legitimacy, Sungjoon Cho
A Quest For Wto’S Legitimacy, Sungjoon Cho
All Faculty Scholarship
No abstract provided.
Linkage Of Free Trade And Social Regulation: Moving Beyond The Entropic Dilemma, Sungjoon Cho
Linkage Of Free Trade And Social Regulation: Moving Beyond The Entropic Dilemma, Sungjoon Cho
All Faculty Scholarship
Focusing on the tension between free trade and social regulation, this Article argues that the WTO, in alliance with other international institutions, must develop a synergistic, nonentropic linkage within the constitutional structure of the global trading system. In the analysis set forth within the article, considerable emphasis is placed on the concept of a “trade constitution.” This is because any practical prescriptions for achieving the desired synergy must necessarily flow from an accurate understanding of the capabilities and constraints of legal and political realities inherent to a broad multisphere trading system composed of Member states, the WTO, and other international …
A Bridge Too Far: The Fall Of The Fifth Wto Ministerial Conference In Cancún And The Future Of Trade Constitution, Sungjoon Cho
A Bridge Too Far: The Fall Of The Fifth Wto Ministerial Conference In Cancún And The Future Of Trade Constitution, Sungjoon Cho
All Faculty Scholarship
This article is intended to contribute to the process of diagnosis and prescription in response to the fiasco of the Fifth WTO Ministerial Conference in Cancún, Mexico, in September 2003. The article sketches previous WTO Ministerial Conferences in an attempt to glimpse the root of the problems that eventually caused the collapse of the Cancún Conference. It then focuses on the main developments in Cancún and offers a 'post-mortem', not in an attempt to place blame but to better understand what went wrong. It observes that North-South tension is likely to continue for the time being while rich countries, especially …
The Nature Of Remedies In International Trade Law, Sungjoon Cho
The Nature Of Remedies In International Trade Law, Sungjoon Cho
All Faculty Scholarship
Overemphasizing the sanctions aspect of the WTO law, which is partly attributable to an effort to placate the U.S. Congress into the ratification of the Uruguay Round, tends to create a misguided, distorted image of the WTO, one close to a super body reigning and commandeering over its member countries, rather than one akin to a legal community. This paper questions the conventional belief regarding the efficacy of the WTO sanctions in light of remedies and attempts to reconceptualize the true nature of WTO remedies. Part I examines how the concept of remedies has evolved through the history of the …
The Wto’S Gemeinschaft, Sungjoon Cho
The Wto’S Gemeinschaft, Sungjoon Cho
All Faculty Scholarship
This Article focuses on the current development-related problems in the global trading system. A widening income gap and widespread poverty among trading nations denote the WTO’s Gesellschaftian nature—interest and power—resulting in structural distortion and manipulation. This Article maintains that the global trading system can achieve its development agenda and become fair and legitimate only through a critical paradigmatic transformation enabled by the configuration of the “WTO’s Gemeinschaft.” This Article observes that a fundamental legal precept, the “Law of Nations” (jus gentium), plays a critical role in actualizing this communitarian telos. Part II redefines the global trading system through the theoretical …
Book Review, J.O. Haley's Antitrust In Germany And Japan, The First Fifty Years, 1947-1998, David J. Gerber
Book Review, J.O. Haley's Antitrust In Germany And Japan, The First Fifty Years, 1947-1998, David J. Gerber
All Faculty Scholarship
No abstract provided.
Breaking The Barrier Between Regionalism And Multilateralism: A New Perspective On Trade Regionalism, Sungjoon Cho
Breaking The Barrier Between Regionalism And Multilateralism: A New Perspective On Trade Regionalism, Sungjoon Cho
All Faculty Scholarship
No abstract provided.
Book Review, G.B. Doern & S. Wilks Eds., Comparative Competition Policy: National Institutions In A Global Market (1996), David J. Gerber
Book Review, G.B. Doern & S. Wilks Eds., Comparative Competition Policy: National Institutions In A Global Market (1996), David J. Gerber
All Faculty Scholarship
No abstract provided.
Gatt Non-Violation Issues In The Wto Framework: Are They The Achilles’ Heel Of The Dispute Settlement Process?, Sungjoon Cho
Gatt Non-Violation Issues In The Wto Framework: Are They The Achilles’ Heel Of The Dispute Settlement Process?, Sungjoon Cho
All Faculty Scholarship
No abstract provided.
Developing Countries In The International Trade Order, Bartram Brown
Developing Countries In The International Trade Order, Bartram Brown
All Faculty Scholarship
No abstract provided.
Authority, Community And The Civil Law Commentary: An Example From German Competition Law, David J. Gerber
Authority, Community And The Civil Law Commentary: An Example From German Competition Law, David J. Gerber
All Faculty Scholarship
No abstract provided.