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Articles 1 - 30 of 46
Full-Text Articles in Law
Between Dialogue And Decree: International Review Of National Courts, Robert B. Ahdieh
Between Dialogue And Decree: International Review Of National Courts, Robert B. Ahdieh
Faculty Scholarship
Recent years have seen dramatic growth in the number of international tribunals at work across the globe, from the Appellate Body of the World Trade Organization and the International Tribunal for the Law of the Sea, to the Claims Resolution Tribunal for Dormant Claims in Switzerland and the International Criminal Court. With this development has come both increased opportunity for interaction between national and international courts and increased occasion for conflict. Such friction was evident in the recent decision in Loewen Group, Inc. v. United States, in which an arbitral panel constituted under the North American Free Trade Agreement found …
Hyperownership In A Time Of Biotechnological Promise: The International Conflict To Control The Building Blocks Of Life, Sabrina Safrin
Hyperownership In A Time Of Biotechnological Promise: The International Conflict To Control The Building Blocks Of Life, Sabrina Safrin
Rutgers Law School (Newark) Faculty Papers
This article addresses the corrosive interplay between the patent-based and the sovereign- based systems of ownership of genetic material. In patent-based systems, genetic material is increasingly “owned” by corporations or research institutions which obtain patents over such material. In sovereign-based systems, the national government owns or extensively controls such material. As more patents issue for synthesized genes in developed countries through the patent system, more raw genetic material is legally enclosed by the governments of developing nations, which house most of the world’s wild or raw genetic material. This interactive spiral of increased enclosure results in the sub-optimal utilization, conservation …
Currents And Crosscurrents In The International Intellectual Property Regime, Peter K. Yu
Currents And Crosscurrents In The International Intellectual Property Regime, Peter K. Yu
Faculty Scholarship
Since the establishment of the TRIPs Agreement, intellectual property protection has been expanding rapidly, and many less developed countries have become dissatisfied with the international intellectual property regime. From bilateral free trade agreements to the increasing use of technological protection measures, many commentators fear that the recent "one-way ratchet" will roll back the substantive and strategic gains made by less developed countries during the negotiation of the TRIPS Agreement. Interestingly, intellectual property rightsholders feel equally threatened by the recent developments, in particular the development of the Doha Declaration, the World Summit on the Information Society, the WIPO Development Agenda, and …
The Politics Of Wto Enforcement Mechanism, Pao Li Chang
The Politics Of Wto Enforcement Mechanism, Pao Li Chang
Research Collection School Of Economics
This paper attempts to develop a formal economic framework to analyze the influences of domestic political considerations by democratic governments in shaping the WTO enforcement outcomes following a violation ruling against the defendant. Since a different mix of import and export sectors in the defendant and complainant country will benefit from the various potential enforcement outcomes, they become competing forces which steer the strategic interactions between the disputing governments. The results of the paper illustrate the complainant's strategy in selecting the retaliation list, and the likelihood of the defendant's compliance or compensation in response to the proposed or foreseeable retaliation, …
The Politics Of Wto Enforcement Mechanism, Pao Li Chang
The Politics Of Wto Enforcement Mechanism, Pao Li Chang
Research Collection School Of Economics
This paper attempts to develop a formal economic framework to analyze the influences of domestic political considerations by democratic governments in shaping the WTO enforcement outcomes following a violation ruling against the defendant. Since a different mix of import and export sectors in the defendant and complainant country will benefit from the various potential enforcement outcomes, they become competing forces which steer the strategic interactions between the disputing governments. The results of the paper illustrate the complainant's strategy in selecting the retaliation list, and the likelihood of the defendant's compliance or compensation in response to the proposed or foreseeable retaliation, …
Deconstructing Development, Ruth E. Gordon, Jon H. Sylvester
Deconstructing Development, Ruth E. Gordon, Jon H. Sylvester
Working Paper Series
Whether it is being praised or excoriated, defended or condemned, the concept of development shapes and dominates our thinking about the Third World. Indeed development has evolved into an essentially incontestable paradigm with such a hold on our collective imaginations, that it is almost impossible to think around or beyond it. This article, however, interrogates development to its very core, demonstrating that although it is presented as something that is universal, natural and inevitable, in truth it is part of the Western political and cultural imagination. Moreover, the interlocking ideological assumptions that support this paradigm are inherently hierarchical and by …
The Jekyll And Hyde Story Of International Trade: The Supreme Court In Phrma V. Walsh And The Trips Agreement, Srividhya Ragavan
The Jekyll And Hyde Story Of International Trade: The Supreme Court In Phrma V. Walsh And The Trips Agreement, Srividhya Ragavan
Faculty Scholarship
The paper analyses the international impact of the approval by the United States Supreme Court to use indirect price control mechanisms to tackle public health and Medicaid issues. It traces similarities in policies implemented by the United States and those it opposed within developing nations. For example, the recent use by the developed nations of compulsory licensing and price control mechanisms, which they opposed as violating TRIPS when used by developing nations, underlines a poverty penalty suffered by developing nation signatories of TRIPS. In effect, TRIPS exempts developed nations from fulfilling obligations developing nations were forced to fulfill and thus …
Lawyers, Gats, And The Wto Accountancy Disciplines: The History Of The Wto's Consultation, The Iba Gats Forum And The September 2003 Iba Resolutions, Laurel S. Terry
Lawyers, Gats, And The Wto Accountancy Disciplines: The History Of The Wto's Consultation, The Iba Gats Forum And The September 2003 Iba Resolutions, Laurel S. Terry
Faculty Scholarly Works
The article addresses issues related to legal services and the General Agreement on Trade in Services or GATS. The article begins by focusing on "Track #2" of the GATS and the obligation under GATS Article VI:4 to develop "any necessary disciplines." In 1998, WTO Members implemented GATS Article VI:4 by adopting "Disciplines" that apply to the accoutnancy sector. WTO Members currently are in the process of deciding whether to extend the WTO Accountancy Disciplines, S/L/64, to other service sectors, including legal services. In December 2002, the WTO sent the International Bar Association (IBA) and other non-governmental organizations a "consultation letter" …
The Securities And Exchange Commission Goes Abroad To Regulate Corporate Governance, Roberta S. Karmel
The Securities And Exchange Commission Goes Abroad To Regulate Corporate Governance, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
Democracy In Hong Kong: Hearing Before The Subcomm. On East Asian And Pacific Affairs Of The S. Comm. On Foreign Relations, 108th Cong., Mar. 4, 2004 (Statement Of Professor James V. Feinerman, Geo. U. L. Center), James V. Feinerman
Testimony Before Congress
No abstract provided.
Labor And Finance As Inevitably Transnational: Globalization Demands A Sophisticated And Transnational Lens, Katherine V.W. Stone, Timothy A. Canova, Claire Moore Dickerson
Labor And Finance As Inevitably Transnational: Globalization Demands A Sophisticated And Transnational Lens, Katherine V.W. Stone, Timothy A. Canova, Claire Moore Dickerson
Cornell Law Faculty Publications
No abstract provided.
A "Patent" Restriction On Research & Development: Infringers Or Innovators?, Srividhya Ragavan
A "Patent" Restriction On Research & Development: Infringers Or Innovators?, Srividhya Ragavan
Faculty Scholarship
The Trade Related Aspects of Intellectual Property Rights ("TRIPS") requires developing nations to harmonize patent regimes as a means to achieve stronger industrial growth. Countries, however, need to adopt effective patent procedures in order to successfully institute a patent regime. In spite of this, international treaties like TRIPS do not properly assist developing nations in establishing appropriate procedural mechanisms capable of complimenting a sophisticated patent regime. Consequently, developing nations may embrace ineffective patent procedures that can eventually further limit industrial growth despite establishing a TRIPS compliant patent regime. The paper uses India as a case study to demonstrate the detriments …
Trade And Human Rights: The Future Of U.S.-Vietnamese Relationships: Hearing Before The S. Comm. On Foreign Relations, 108th Cong., Feb. 12, 2004 (Statement Of Viet D. Dinh, Prof. Of Law, Geo. U. L. Center), Viet D. Dinh
Testimony Before Congress
No abstract provided.
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 …
Labor And Finance As Inevitably Transnational: Globalization Demands A Sophisticated And Transnational Lens, Timothy A. Canova, Claire Moore Dickerson, Katherine V.W. Stone
Labor And Finance As Inevitably Transnational: Globalization Demands A Sophisticated And Transnational Lens, Timothy A. Canova, Claire Moore Dickerson, Katherine V.W. Stone
Faculty Scholarship
No abstract provided.
Continental Conversations: Remand Of Binational Panel Decisions Under Nafta Ch. 19, Chios Carmody
Continental Conversations: Remand Of Binational Panel Decisions Under Nafta Ch. 19, Chios Carmody
Law Publications
No abstract provided.
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.
China's Wto Accession: Economic, Legal, And Political Implications, 27 B.C. Int'l & Comp. L. Rev. 319 (2004), Karen H. Cross
China's Wto Accession: Economic, Legal, And Political Implications, 27 B.C. Int'l & Comp. L. Rev. 319 (2004), Karen H. Cross
UIC Law Open Access Faculty Scholarship
This Article discusses the unparalleled economic, legal, and political change that has confronted China during WTO accession. The Article focuses on the relationship between China's unique WTO accession process and China's reform over the past two decades. The author suggests that WTO accession has acted as a lever for economic and legal reform by locking in reform and making it irrevocable. The Article begins with a historical background of China's long road to accession and the way that this process worked to further the previously instated economic reform program. Next, the Article analyzes the manner in which WTO accession has …
The 2004 International Law Review Symposium On The Free Trade Area Of The Americas: Implications Of A Hemispheric Marketplace, Thomas M. Haney
The 2004 International Law Review Symposium On The Free Trade Area Of The Americas: Implications Of A Hemispheric Marketplace, Thomas M. Haney
Faculty Publications & Other Works
No abstract provided.
Process And Substance In Wto Reform, James T. Gathii
Process And Substance In Wto Reform, James T. Gathii
Faculty Publications & Other Works
No abstract provided.
Insulating Domestic Policy Through International Legal Minimalism: A Re-Characterization Of The Foreign Affairs Trade Doctrine, James T. Gathii
Insulating Domestic Policy Through International Legal Minimalism: A Re-Characterization Of The Foreign Affairs Trade Doctrine, James T. Gathii
Faculty Publications & Other Works
No abstract provided.
Should The World Trade Organization Incorporate Labor And Environmental Standards?, Chantal Thomas
Should The World Trade Organization Incorporate Labor And Environmental Standards?, Chantal Thomas
Cornell Law Faculty Publications
No abstract provided.
Mediating Interactions In An Expanding International Intellectual Property Regime, Laurence R. Helfer
Mediating Interactions In An Expanding International Intellectual Property Regime, Laurence R. Helfer
Faculty Scholarship
The last few years have been a particularly heady period for governments, private parties, and NGOs seeking to develop new rules to regulate intellectual property ("IP") protection standards. During that time, a slew of lawmaking initiatives, studies, and reports have been launched in a strikingly large number of international venues. Work on intellectual property rights is now underway in intergovernmental organizations such as the World Trade Organization ("WTO"), World Intellectual Property Organization ("WIPO"), and Food and Agriculture Organization ("FAO"); in negotiating fora such as the Convention on Biological Diversity ("CBD") and its Conference of the Parties and the Commission on …
Explaining The International Ceo Pay Gap: Board Capture Or Market Driven?, Randall Thomas
Explaining The International Ceo Pay Gap: Board Capture Or Market Driven?, Randall Thomas
Vanderbilt Law School Faculty Publications
If we look at convergence through the lens of the Risk Adjustment Theory, then international pay convergence will only occur if U.S. and foreign CEOs' firm-specific risk levels converge. Empirically, this is a difficult claim to test because of the paucity of data available on CEOs' individual wealth levels and stockholdings. The one component we can most easily observe, stock option usage, is presently quite different, with U.S. levels far exceeding those abroad. For the near future, this trend seems likely to continue, making it difficult to forecast convergence any time soon. The international executive pay gap is one of …
The Dynamics Of International Trade Finance Regulation: The Arrangement On Officially Supported Export Credits, Janet K. Levit
The Dynamics Of International Trade Finance Regulation: The Arrangement On Officially Supported Export Credits, Janet K. Levit
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
Globalization, Law And Development: Introduction And Overview (Globalization, Law And Development Conference), Michael S. Barr, Reuven S. Avi-Yonah
Globalization, Law And Development: Introduction And Overview (Globalization, Law And Development Conference), Michael S. Barr, Reuven S. Avi-Yonah
Articles
The current period of globalization (defined loosely as increasing global economic integration), which began with the liberalization of exchange and capital controls and lowering of trade and investment barriers in the 1980s, is not the first time the world got economically smaller. The period from 1870 to the outbreak of World War I in 1914 was by some measures (such as the percentage of GNP in developed countries derived from overseas investment, and labor migration) marked by more extensive globalization than the post-1980 one. This earlier globalization came to a halt with the hostilities of World War I, followed by …
International Law Status Of Wto Dispute Settlement Reports: Obligation To Comply Or Option To "Buy Out"?, John H. Jackson
International Law Status Of Wto Dispute Settlement Reports: Obligation To Comply Or Option To "Buy Out"?, John H. Jackson
Georgetown Law Faculty Publications and Other Works
In four further parts of this comment, I undertake to fulfill my "obligation" to present a more thorough analysis. In part II, I briefly introduce some of the different elements that would go into normal treaty interpretation related to the issue in question, such as which text should be part of the analysis and whether "preparatory work" or intent of the parties, including statements by some nation-state governmental officials made contemporaneously with the drafting of the treaty, should be considered. Likewise, I mention the importance of the forty seven years of GATT practice to the interpretive process, and I note …
Un Enfoque Comparativo Sobre La Formacion De Los Contratos Electronicos, Roberto Rosas
Un Enfoque Comparativo Sobre La Formacion De Los Contratos Electronicos, Roberto Rosas
Faculty Articles
Understanding the basic principles governing the formation of contracts is of paramount importance when it comes to figuring out the most appropriate to enter into a new contract or to assess the legality of a contract existing ones. While the basic rules for the forming of general contracts are applicable to most type of contracts, regardless of how they are done, there are some legal rules that apply specify to contracts concluded electronically.