Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 31 - 60 of 113

Full-Text Articles in Law

Old Wine In New Bottles? The Trade Rule Of Law, Kathleen Claussen Jan 2018

Old Wine In New Bottles? The Trade Rule Of Law, Kathleen Claussen

Articles

No abstract provided.


Investment Treaty Arbitration In Cuba, Rafael Cox Alomar May 2017

Investment Treaty Arbitration In Cuba, Rafael Cox Alomar

University of Miami Inter-American Law Review

Not since the fateful days of the 1962 Missile Crisis, has Cuba commanded as much global attention as it does today. The 2014 diplomatic rapprochement between the United States and Cuba, not only did away with the last vestiges of the Cold War in Caribbean waters, but more importantly has coincided with a period of acute ideological effervescence in Havana. Even in the face of President Raúl Castro’s resolute commitment to the principles of the 1959 Revolution, it is more than evident that Cuba is in the midst of a transformational moment. And perhaps in no other area of the …


There’S No Such Thing As A Free Trade (Agreement): The Environmental Costs Of The Trans-Pacific Partnership, Paul Nuñez Feb 2017

There’S No Such Thing As A Free Trade (Agreement): The Environmental Costs Of The Trans-Pacific Partnership, Paul Nuñez

University of Miami Inter-American Law Review

The global community is quickly approaching the limits of the carbon budget meant to keep the effects of climate change below 2 degrees Celsius. Yet, the Countries involved in negotiating the Trans-Pacific Partnership only incrementally strengthened the environmental protections contained within the agreement compared to other recent Free Trade Agreements. As with most Free Trade Agreements, the environmental community fears that any beneficial effect from the Trans-Pacific Partnership’s environmental provisions will be more than outweighed by its environmentally destructive consequences. The investor protection provisions are especially concerning to many environmental groups as these protections allow companies to sue governments to …


The Next Generation Of U.S.-Africa Trade Instruments, Kathleen Claussen Jan 2017

The Next Generation Of U.S.-Africa Trade Instruments, Kathleen Claussen

Articles

No abstract provided.


You Say Embargo, I Say Bloqueo - A Policy Recommendation For Promoting Foreign Direct Investment And Safeguarding Human Rights In Cuba, Marcia Narine Weldon Jan 2017

You Say Embargo, I Say Bloqueo - A Policy Recommendation For Promoting Foreign Direct Investment And Safeguarding Human Rights In Cuba, Marcia Narine Weldon

Articles

The United States is the only major industrialized nation that restricts trade with Cuba. Although President Obama issued several executive orders that have facilitated limited trade (and President Trump has scaled some back), an embargo remains in place, and by law, Congress cannot lift it until, among other things, the Cuban government commits to democratization and human rights reform. Unfortunately, the Cuban and U.S. governments fundamentally disagree on the definition of "human rights, " and neither side has shown a willingness to compromise. Meanwhile, although some US. investors clamor to join their European and Canadian counterparts in expanding operations in …


Treaty Of Amity, Commerce, And Navigation Between Brazil And The U.S., Prof. Dr. Attila S.L. Andrade Jr. Aug 2016

Treaty Of Amity, Commerce, And Navigation Between Brazil And The U.S., Prof. Dr. Attila S.L. Andrade Jr.

University of Miami Inter-American Law Review

This Article deals with the analytical history of the Treaty of Amity, Commerce and Navigation between the U.S. and Brazil. In the first part of the Article, the author analyzed all the provisions of the Treaty entered into between the two countries on December 12, 1828. The second part examined the historical causes for the early termination of the Treaty, 13 years after its execution. It suggests and evidences that the historical cause lies in a political factor, that is, the conflicts between a Republican form of government and the Brazilian Imperial political system. The third and final part of …


Investment Arbitration In East Asia And The Pacific A Statistical Analysis Of Bilateral Investment Treaties, Other International Investment Agreements And Investment Arbitrations In The Region, Sandra Friedrich, Claudia T. Salomon Jan 2015

Investment Arbitration In East Asia And The Pacific A Statistical Analysis Of Bilateral Investment Treaties, Other International Investment Agreements And Investment Arbitrations In The Region, Sandra Friedrich, Claudia T. Salomon

Articles

Many countries in the East Asian and Pacific (EAP) region have strengthened their networks of bilateral investment treaties (BITs) and other international investment agreements (IIAs). This growth in investment protection instruments not only illustrates the region's continued attractiveness to foreign investors, but also reflects a shift of several developing EAP countries from having been predominantly recipients of foreign investment in the past, toward becoming important sources of foreign investment abroad. Reflecting trade and investment patterns, as of December 2014, EAP countries concluded a total of at least 712 BITs and 69 other IlAs. On the heels of this development, the …


Status Of Bulk Water Exports Under Nafta, Binda Preet Sahni Oct 2014

Status Of Bulk Water Exports Under Nafta, Binda Preet Sahni

University of Miami International and Comparative Law Review

No abstract provided.


China's Anti-Dumping Regime And Compliance With Anti-Dumping Principles: An Analysis Using Agricultural Dumping Case Studies, Adam Soliman May 2014

China's Anti-Dumping Regime And Compliance With Anti-Dumping Principles: An Analysis Using Agricultural Dumping Case Studies, Adam Soliman

University of Miami International and Comparative Law Review

The paper assesses China's anti-dumping regime, one of the important structures implemented by China in order to become a full member of the World Trade Organization (WTO). Section One sets forth the WTO's anti-dumping principles as well as analyzes the differences between the WTO principles and the definition of "dumping" as understood by economists. In significant respects, the WTO principles allow situations that do not actually constitute dumping-in an economic sense-to be treated as "dumping," leading to the imposition of duties and sanctions. Next, the paper evaluates the degree to which the separate anti-dumping regimes of China and the U.S. …


Managing Global Supply Chains: Coca Cola And Sugar In Brazil, Caroline Bradley Jan 2013

Managing Global Supply Chains: Coca Cola And Sugar In Brazil, Caroline Bradley

Articles

No abstract provided.


Not In It For The Long Run: China's Solution For Compliance With Trips Requires More Than A Nine-Month Campaign, Devon Spencer Apr 2012

Not In It For The Long Run: China's Solution For Compliance With Trips Requires More Than A Nine-Month Campaign, Devon Spencer

University of Miami International and Comparative Law Review

No abstract provided.


The Enron V. Argentina Annulment Decision: Moving A Bishop Vertically In The Precarious Icsid Syste, Michael Wilson Feb 2012

The Enron V. Argentina Annulment Decision: Moving A Bishop Vertically In The Precarious Icsid Syste, Michael Wilson

University of Miami Inter-American Law Review

No abstract provided.


Isi, Po! Foreign Investment Dispute Resolution Does Have A Place In Trade Agreements In The Americas: A Comparative Look At Chapter 10 Of The United States -Chile Free Trade Agreement, Scott R. Jablonski Jul 2004

Isi, Po! Foreign Investment Dispute Resolution Does Have A Place In Trade Agreements In The Americas: A Comparative Look At Chapter 10 Of The United States -Chile Free Trade Agreement, Scott R. Jablonski

University of Miami Inter-American Law Review

No abstract provided.


Seeking A Balance: International Pharmaceutical Patent Protection, Public Health Crises, And The Emerging Threat Of Bio-Terrorism, Arnaldo Lacayo Oct 2002

Seeking A Balance: International Pharmaceutical Patent Protection, Public Health Crises, And The Emerging Threat Of Bio-Terrorism, Arnaldo Lacayo

University of Miami Inter-American Law Review

No abstract provided.


Hemispheric Integration And The Politics Of Regionalism: The Free Trade Area Of The Americas (Ftaa), Christopher M. Bruner Apr 2002

Hemispheric Integration And The Politics Of Regionalism: The Free Trade Area Of The Americas (Ftaa), Christopher M. Bruner

University of Miami Inter-American Law Review

No abstract provided.


Protectionism Or Environmental Activism? The Wto As A Means Of Reconciling The Conflict Between Global Free Trade And The Environment, Katie A. Lane Apr 2001

Protectionism Or Environmental Activism? The Wto As A Means Of Reconciling The Conflict Between Global Free Trade And The Environment, Katie A. Lane

University of Miami Inter-American Law Review

No abstract provided.


Free Trade Area Of The Americas: Is It Desirable?, David M. Gilmore Oct 2000

Free Trade Area Of The Americas: Is It Desirable?, David M. Gilmore

University of Miami Inter-American Law Review

No abstract provided.


Caribbean Shiprider Agreements: Sunk By Banana Trade War?, Michelle Williams Mar 2000

Caribbean Shiprider Agreements: Sunk By Banana Trade War?, Michelle Williams

University of Miami Inter-American Law Review

No abstract provided.


The Dynamics Of Economic Integration In The Western Hemisphere: The Challenge To America, Alan C. Swan Mar 2000

The Dynamics Of Economic Integration In The Western Hemisphere: The Challenge To America, Alan C. Swan

University of Miami Inter-American Law Review

No abstract provided.


A Problem Of Process In Wto Jurisprudence: Identifying Disputed Issues In Panels And Consultations, Glenn R. Butterton Jan 2000

A Problem Of Process In Wto Jurisprudence: Identifying Disputed Issues In Panels And Consultations, Glenn R. Butterton

Articles

No abstract provided.


Open Regionalism Or Old-Fashioned Protectionism? A Look At The Performance Of Mercosur's Auto Industry, Stephen P. Sorensen Jan 1999

Open Regionalism Or Old-Fashioned Protectionism? A Look At The Performance Of Mercosur's Auto Industry, Stephen P. Sorensen

University of Miami Inter-American Law Review

No abstract provided.


Balancing The Goals Of Free Trade With Workers' Rights In A Hemispheric Economy, Bobbi-Lee Meloro Jan 1999

Balancing The Goals Of Free Trade With Workers' Rights In A Hemispheric Economy, Bobbi-Lee Meloro

University of Miami Inter-American Law Review

No abstract provided.


Essay On Paper Presented By Ambler Moss And Stephen Lande, Osvaldo R. Agatiello Jul 1997

Essay On Paper Presented By Ambler Moss And Stephen Lande, Osvaldo R. Agatiello

University of Miami Inter-American Law Review

No abstract provided.


Essay On John C. Thomure, Jr.'S Presentation, Valerie Hughes Jul 1997

Essay On John C. Thomure, Jr.'S Presentation, Valerie Hughes

University of Miami Inter-American Law Review

No abstract provided.


Reflections On Certain U.S. Law Specificities That Constitute Obstacles To The Free Trade Area Of The Americas: A Brazilian Perspective, Durval De Noronha Goyos Jul 1997

Reflections On Certain U.S. Law Specificities That Constitute Obstacles To The Free Trade Area Of The Americas: A Brazilian Perspective, Durval De Noronha Goyos

University of Miami Inter-American Law Review

No abstract provided.


Star Chamber Accountability: Appellate Review Of Nafta Chapter 20 Panel Decisions, John C. Thomure Jr. Jul 1997

Star Chamber Accountability: Appellate Review Of Nafta Chapter 20 Panel Decisions, John C. Thomure Jr.

University of Miami Inter-American Law Review

No abstract provided.


Asian-Pacific Economic Cooperation And The Free Trade Area Of The Americas, Possibilities Of Cross-Pacific Cooperation, Akio Hosono Jul 1997

Asian-Pacific Economic Cooperation And The Free Trade Area Of The Americas, Possibilities Of Cross-Pacific Cooperation, Akio Hosono

University of Miami Inter-American Law Review

No abstract provided.


A Critical Year For Hemispheric Free Trade: Can Countries Agree On A Blueprint?, Ambler Moss, Stephen Lande Jul 1997

A Critical Year For Hemispheric Free Trade: Can Countries Agree On A Blueprint?, Ambler Moss, Stephen Lande

University of Miami Inter-American Law Review

No abstract provided.


Essay On The Free Trade Area Of The Americas, Steven E. Hendrix, Julie Mann Jul 1997

Essay On The Free Trade Area Of The Americas, Steven E. Hendrix, Julie Mann

University of Miami Inter-American Law Review

No abstract provided.


Dispute Resolution Under A Freetrade Area Of The Americas:The Shape Of Things To Come, David Lopez Jul 1997

Dispute Resolution Under A Freetrade Area Of The Americas:The Shape Of Things To Come, David Lopez

University of Miami Inter-American Law Review

No abstract provided.