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International Trade Law

University of Michigan Law School

Journal

2004

Globalization

Articles 1 - 4 of 4

Full-Text Articles in Law

Legal Institutions And International Trade Flows, Daniel Berkowitz, Johannes Moenius, Katharina Pistor Jan 2004

Legal Institutions And International Trade Flows, Daniel Berkowitz, Johannes Moenius, Katharina Pistor

Michigan Journal of International Law

Why do domestic legal institutions matter, and why can trading parties-in particular exporters of complex goods-not easily opt-out of their domestic legal institutions? The authors argue that domestic institutions remain important even in a globalized world, because they are the final option for enforcing a claim against a party in the event of a breach of contract. International contracts take place in the shadow of the parties' home institutions. Unless parties can negotiate a settlement, or the losing party voluntarily complies with a foreign court or arbitration ruling, the winning party must seek enforcement against the assets of the losing …


The Importance Of Core Labor Rights In World Development, Jonathan P. Hiatt, Deborah Greenfield Jan 2004

The Importance Of Core Labor Rights In World Development, Jonathan P. Hiatt, Deborah Greenfield

Michigan Journal of International Law

This Article discusses the meaning and significance of core labor standards and the importance of linking them to trade agreements. It explains why the "protectionist" label often attributed to such linkage efforts by their detractors is misleading, as the example of China illustrates, repression of labor rights constitutes a form of unfair competition which undermines efforts to create a more just and stable world economy.


Development: Domestic Constraints And External Opportunities From Glabalization, T. N. Srinivasan Jan 2004

Development: Domestic Constraints And External Opportunities From Glabalization, T. N. Srinivasan

Michigan Journal of International Law

In what follows, this Article first discusses the process of development in Section II. Section III is devoted to the external aspects of development, namely international trade, finance, and intergovernmental organizations. Section IV is concerned with the domestic dimensions and legal reform, drawing on the debate on legal reforms in India. The author offers a few concluding remarks in Section V.


Development, Globalization, And Law, Robert L. Kuttner Jan 2004

Development, Globalization, And Law, Robert L. Kuttner

Michigan Journal of International Law

Is global commerce under essentially laissez-faire rules optimal for economic development? In this era of liberated and deregulated markets, and after the final collapse of communism, a great many commentators would consider that a self-evident question. Of course free global commerce is good for economic development, because we know that the freest possible markets produce the most efficient use of resources and the highest available rates of economic growth. And growth benefits development. How could it be otherwise? And what is the role of law in facilitating commerce and in contouring a particular regime of domestic and transnational commerce and …