Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- International Trade (16)
- International Law (9)
- WTO (8)
- GATT (5)
- Comparative and Foreign Law (4)
-
- European Union (4)
- Intellectual property (4)
- World Trade Organization (4)
- Conflict of Laws (3)
- Economics (3)
- Globalization (3)
- International law (3)
- International trade (3)
- NAFTA (3)
- TPP Analysis (3)
- Admiralty (2)
- Banking and Finance (2)
- China (2)
- Constitutional Law (2)
- Corruption (2)
- EU external trade (2)
- Economic globalization (2)
- Economic integration (2)
- Enforcement (2)
- Environmental Law (2)
- GATT Article XX (2)
- ISDS (2)
- Kyoto Protocol (2)
- Law and Economics (2)
- Protectionism (2)
- Publication
-
- Peter K. Yu (26)
- Chantal Thomas (11)
- Karen Halverson Cross (8)
- Frank J. Garcia (5)
- Jarrod Tudor (3)
-
- Kimberlee G Weatherall (3)
- Mark E. Wojcik (3)
- Adam I. Muchmore (2)
- César F. Rosado Marzán (2)
- David A. Wirth (2)
- Emanuela A. Matei (2)
- Irene Calboli (2)
- James M. Cooper (2)
- John Evans (2)
- Naomi Roht-Arriaza (2)
- Padideh Ala'i (2)
- William B.T. Mock (2)
- Barbara Fick (1)
- Berta E. Hernández-Truyol (1)
- Brendan Burke (1)
- Carmen G. Gonzalez (1)
- Chin Leng Lim (1)
- Daniel J Gervais (1)
- Danielle Ireland-Piper (1)
- Deepa Badrinarayana (1)
- Dr Tyrone Berger (1)
- François Tanguay-Renaud (1)
- Holly Doremus (1)
- J. Janewa Osei-Tutu (1)
- Jennifer E Spreng (1)
- File Type
Articles 1 - 30 of 113
Full-Text Articles in Law
Irreconcilable Differences? The Geneva Act Of The Lisbon Agreement And The Common Law, Daniel Gervais
Irreconcilable Differences? The Geneva Act Of The Lisbon Agreement And The Common Law, Daniel Gervais
Daniel J Gervais
Fda's Consideration Of Codex Alimentarius Standards In Light Of International Trade Agreements, Lucinda Sikes
Fda's Consideration Of Codex Alimentarius Standards In Light Of International Trade Agreements, Lucinda Sikes
Lucinda Sikes
No abstract provided.
How Much Does Law Matter - Labor Law, Competition, And Waterfront Labor Relations In Rotterdam And U.S. Ports, Robert Kagan
How Much Does Law Matter - Labor Law, Competition, And Waterfront Labor Relations In Rotterdam And U.S. Ports, Robert Kagan
Robert Kagan
In both the Netherlands & the US, law has helped rationalize the hiring of port labor & provide dockworkers greater security. However, US longshoremen have captured a larger share of the productivity gains flowing from the mechanization of cargo handling than have Dutch dockworkers. At the same time, the constraints imposed by US longshore unions have made container terminals in the US less efficient & more costly to users, as compared to Rotterdam terminals. These differences can in part be explained by US labor law, which encourages a more adversarial, self-seeking union posture than does the labor law structure in …
Introduction: The International Financial System, Steven Solomon, Stavros Gadinis
Introduction: The International Financial System, Steven Solomon, Stavros Gadinis
Stavros Gadinis
Lack of overarching institutions, comparison with the WTO Fragmentation among multiple international bodies
India Eases Foreign Investment Rules For Retail (November 2015).Pdf, Sonia Baldia
India Eases Foreign Investment Rules For Retail (November 2015).Pdf, Sonia Baldia
Sonia Baldia
No abstract provided.
Section By Section Commentary On The Tpp Final Ip Chapter Published 5 November 2015 – Part 2 – Copyright, Kimberlee G. Weatherall
Section By Section Commentary On The Tpp Final Ip Chapter Published 5 November 2015 – Part 2 – Copyright, Kimberlee G. Weatherall
Kimberlee G Weatherall
This note comments on the TPP copyright provisions (final text). It also compares each provision to multilateral and bilateral treaties. The material here is necessarily preliminary and does not purport to be complete. It is published on the basis that it may assist others’ analysis and commentary
Section By Section Commentary On The Tpp Final Ip Chapter Published 6 November 2015 – Part 1 – General Provisions, Trade Mark, Gis, Designs, Kimberlee G. Weatherall
Section By Section Commentary On The Tpp Final Ip Chapter Published 6 November 2015 – Part 1 – General Provisions, Trade Mark, Gis, Designs, Kimberlee G. Weatherall
Kimberlee G Weatherall
This note comments on the TPP general provisions and rules on trade mark, GIs, and designs. It also compares each provision to multilateral and bilateral treaties. The material here is necessarily preliminary and does not purport to be complete. It is published on the basis that it may assist others’ analysis and commentary.
Course Materials On East-West Trade Law, Julian Juergensmeyer, A. Burzynski
Course Materials On East-West Trade Law, Julian Juergensmeyer, A. Burzynski
Julian C. Juergensmeyer
No abstract provided.
Section By Section Commentary On The Tpp Final Ip Chapter Published 5 November 2015 – Part 3 - Enforcement, Kimberlee G. Weatherall
Section By Section Commentary On The Tpp Final Ip Chapter Published 5 November 2015 – Part 3 - Enforcement, Kimberlee G. Weatherall
Kimberlee G Weatherall
This note comments on the TPP IP enforcement provisions (final text). It also compares each provision to multilateral and bilateral treaties. The material here is necessarily preliminary and does not purport to be complete. It is published on the basis that it may assist others’ analysis and commentary. Note: version 0.1 adds fn 1 reference to Bridy on ISP safe harbors.
Incentivizing Corporate America To Eradicate Transnational Bribery Worldwide: Federal Transparency And Voluntary Disclosure Under The Foreign Corrupt Practices Act, Peter R. Reilly
Peter R. Reilly
No abstract provided.
Socio-Economic Aspects Of Geographical Indications, Irene Calboli, Daniel J. Gervais
Socio-Economic Aspects Of Geographical Indications, Irene Calboli, Daniel J. Gervais
Irene Calboli
The Evolving State And The Future Of Global Trade, Dennis M. Patterson, Ruth Buchanan, Michael Giudice, François Tanguay-Renaud
The Evolving State And The Future Of Global Trade, Dennis M. Patterson, Ruth Buchanan, Michael Giudice, François Tanguay-Renaud
François Tanguay-Renaud
Dennis Patterson, Chair in Legal Theory, European University Institute (EUI), Florence, Italy, speaks about global trade and the relationship between trade and the State.
Respondent: Ruth Buchanan, Osgoode Hall Law School.
An International Bind: Article Xxiv:12 Of Gatt And Canada, Shelley Kierstead
An International Bind: Article Xxiv:12 Of Gatt And Canada, Shelley Kierstead
Shelley M. Kierstead
No abstract provided.
Responsible International Citizenry In The Asian Century: Why Failure To Meet International Obligations Adversely Affects Australian National Interests, Danielle Ireland-Piper
Responsible International Citizenry In The Asian Century: Why Failure To Meet International Obligations Adversely Affects Australian National Interests, Danielle Ireland-Piper
Danielle Ireland-Piper
If Australia is to secure its financial and security interests in the Asian century, then it must build effective working relationship in the Asia-Pacific. To do so, Australia must build familial and not merely transactional relationship in Asia. In turn, this requires Australia to present as a responsible international citizen. This image of responsible citizenry, however, is difficult to achieve when the Australian Constitution permits race-based laws and Australia’s approach to regional asylum seeker management may violate international law. This is because the hypocrisy inherent in non-compliance impedes Australia's capacity to build meaningful relationship in the Asian region. in that …
U.S. Should Not Worry About Chinese Leaders Meeting With Tech Titans, Peter K. Yu
U.S. Should Not Worry About Chinese Leaders Meeting With Tech Titans, Peter K. Yu
Peter K. Yu
No abstract provided.
Reforming International Investment Law: Justice And Good Governance, Frank Garcia
Reforming International Investment Law: Justice And Good Governance, Frank Garcia
Frank J. Garcia
The Extraterritorial Reach Of Sovereign Debt Enforcement, 12 Berkeley Bus. L.J. 111 (2015), Karen H. Cross
The Extraterritorial Reach Of Sovereign Debt Enforcement, 12 Berkeley Bus. L.J. 111 (2015), Karen H. Cross
Karen Halverson Cross
A significant barrier to enforcing sovereign debt obligations in U.S. court has been finding and attaching non-immune assets of the foreign sovereign debtor. In June 2014, the U.S. Supreme Court issued decisions in litigation between Argentina and hedge fund NML Capital that will significantly benefit creditors in the enforcement process. In one decision, the Court affirmed an order to compel banks to provide information as to how Argentina moves its monetary assets around the world, finding that the U.S. Foreign Sovereign Immunities Act (FSIA) does not limit a court's power to order post-judgment discovery. In the other decision, the Court …
Proceedings Of The Third Annual Legal & Policy Issues In The Americas Conference (2002) -- V. The Export Of Medical Supplies And Agriculture Products In Cuba -- D. Cuban Economic Relations, Berta E. Hernández-Truyol
Proceedings Of The Third Annual Legal & Policy Issues In The Americas Conference (2002) -- V. The Export Of Medical Supplies And Agriculture Products In Cuba -- D. Cuban Economic Relations, Berta E. Hernández-Truyol
Berta E. Hernández-Truyol
Proceedings of the Third Annual Legal & Policy Issues in the Americas Conference (2002)
Reforming The Bit Regime: Lessons From International Trade Law, Frank Garcia
Reforming The Bit Regime: Lessons From International Trade Law, Frank Garcia
Frank J. Garcia
An Interdisciplinary Introduction To Legal Transparency: A Tool For Rational Development, 18 Dick. J. Int'l L. 293 (2000), William B.T. Mock
An Interdisciplinary Introduction To Legal Transparency: A Tool For Rational Development, 18 Dick. J. Int'l L. 293 (2000), William B.T. Mock
William B.T. Mock
No abstract provided.
Cumulation Of Import Statistics In Injury Investigations Before The International Trade Commission, 7 Nw. J. Int'l L. & Bus. 433 (1986), William B.T. Mock
Cumulation Of Import Statistics In Injury Investigations Before The International Trade Commission, 7 Nw. J. Int'l L. & Bus. 433 (1986), William B.T. Mock
William B.T. Mock
No abstract provided.
Developing An International Carbon Tax Regime, Steven Specht
Developing An International Carbon Tax Regime, Steven Specht
Steven Specht
As atmospheric CO2 remains in the range of 400 ppm, it is necessary to find new international coordination to deal with climate change. The best way forward is an international regime of harmonized domestic carbon taxes. By agreeing to a minimum amount of taxation on domestic, point-source producers, money can be set aside for adaptation costs and alternative means of energy production. Finally, such a plan will overcome the problem of non-participation of countries in agreements like the Kyoto Protocol. As this is a treaty dealing with economics and trade, countries can place taxes on imports of non-participatory countries under …
International Activity And Domestic Law, Adam I. Muchmore
International Activity And Domestic Law, Adam I. Muchmore
Adam I. Muchmore
This essay explores the ways States use their domestic laws to regulate activities that cross national borders. Domestic-law enforcement decisions play an underappreciated role in the development of international regulatory policy, particularly in situations where the enforcing State's power to apply its law extraterritorially is not contested. Collective action problems suggest there will be an undersupply of enforcement decisions that promote global welfare and an oversupply of enforcement decisions that promote national welfare. These collective action problems may be mitigated in part by government networks and other forms of regulatory cooperation.
Private Regulation And Foreign Conduct, Adam I. Muchmore
Private Regulation And Foreign Conduct, Adam I. Muchmore
Adam I. Muchmore
Current U.S. policy on safety regulation for imported food is based largely on ex post measures. Several reform proposals seek to strengthen the ex ante component of this regulatory program. These proposals rely on one or more of three basic strategies: direct extraterritorial regulation; delegation of regulatory authority to private entities; and delegation of regulatory authority to foreign government agencies. This paper explores the ability of each strategy to respond to several principal-agent problems relevant to imported-food safety: the regulatory license problem; interest group capture; and the reality of bribery and threats in many food-exporting countries. Through the lens of …
Trade And Environment: An Environmentalist View, Naomi Roht-Arriaza
Trade And Environment: An Environmentalist View, Naomi Roht-Arriaza
Naomi Roht-Arriaza
No abstract provided.
Precaution, Participation And The "Greening" Of International Trade Law, Naomi Roht-Arriaza
Precaution, Participation And The "Greening" Of International Trade Law, Naomi Roht-Arriaza
Naomi Roht-Arriaza
No abstract provided.
Using Occam’S Razor To Solve International Attorney-Client Privilege Choice Of Law Issues: An Old Solution To A New Problem, Nathan M. Crystal, Francesca Giannoni-Crystal
Using Occam’S Razor To Solve International Attorney-Client Privilege Choice Of Law Issues: An Old Solution To A New Problem, Nathan M. Crystal, Francesca Giannoni-Crystal
Nathan M. Crystal
The practice of law is increasingly becoming “delocalized.” Globalization and the use of technology are two important factors in this fundamental change in practice. Delocalization is affecting almost all areas of practice, including issues involving attorney-client privilege (ACP). To some extent the choice-of-law rules governing ACP are also – like other fields of the law - being “delocalized,” but in our view only partially. This paper discusses six approaches to choice of law issues governing ACP that are being used by the courts. Aside from the traditional lex loci approach (which simply applies the law of the forum to the …
The Chamber Of Secrets: The Repudiation Of The Isds, Emanuela Matei
The Chamber Of Secrets: The Repudiation Of The Isds, Emanuela Matei
Emanuela A. Matei
The unlawfulness of the intra-EU BITs, the experiences of the new Member States unremittingly involved in investor-to state disputes and the tumultuous debates during the T-TIP negotiations are first and foremost examined from a legal perspective underlining the clash between a system designed for preferential treatment and the EU legal order based on the prohibition of discrimination. The ISDS clause represents an attribute of procedural inequality, which is furthermore convoluted by the constitutional structure of the Union i.e. the strictly limited access of private persons to supranational courts. This article enlarges the scope of the review of incompatibility by placing …
Turning Enemies Into Adversaries - T-Tip Negotiations And The Quest For A New Westphalia Momentum, Emanuela Matei, Horia Ciurtin
Turning Enemies Into Adversaries - T-Tip Negotiations And The Quest For A New Westphalia Momentum, Emanuela Matei, Horia Ciurtin
Emanuela A. Matei
Neither universalism, nor isolationism can be regarded as legitimate representations of a pluralist global society. Evidence can be brought that in economic terms the current paradigm engenders instability by enhancing inequality within and among diverse constituencies. The present-day factual reality denies the zero-sum game pattern and, together with that, the reliability of the Westphalian model. What type of legal processes should be used in order to ensure investor protection for the purpose of concluding free trade agreements between the EU and a sovereign of equal calibre? With this question in mind and against the factual reality of an enlarged EU …
Access To Medicines, Brics Alliances, And Collective Action, Peter K. Yu
Access To Medicines, Brics Alliances, And Collective Action, Peter K. Yu
Peter K. Yu
Most discussions on the public health implications of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights focus on the right of less developed countries to issue compulsory licenses and the need for these countries to exploit flexibilities within the TRIPs Agreement. However, there are other means by which countries can enhance access to essential medicines. To provide an illustration of these other means, this article explores the possibility for greater collaboration among the BRICS countries (Brazil, Russia, India, China, and South Africa) and between these countries and other less developed countries.
This article begins by offering a brief …