Law Commons^™

Global Agricultural Price Supports: The Political And Economic Forces That Drive Unsustainable Agricultural Protectionism Policy, John Francis Hays

Dissertations

Agricultural tariffs and price supports are the last bastion of US and European protectionism. While all other areas of commerce have embraced change and welcomed open-market international commerce, agriculture has remained the lone holdout.

The small farmers for whom these support programs were designed no longer exist. Yet governments appropriate billions of dollars annually for the continued support of these outdated programs.

The fact that these governmental agencies resist change, even in an age of economic crises, record national debt, and one of the highest negative trade balances in history, is testimony to American civic indifference.

Public apathy precludes timely …

East Asian Economies' Cooperation In Cross-Border Direct Investment Arrangements, Mary Hui-Yi Hsu

Theses and Dissertations

While economic globalization continues to develop, the global economy keeps integrating through increasing trade and foreign direct investment (FDI). The establishment of close and comprehensive industrial production and distribution networks in the East Asian region is mainly driven by FDI cooperation between multinational enterprises (MNEs) and local firms. MNEs have played a key role in promoting vertical intra-industry trade in East Asia by setting up regional and international production networks through FDI.

Strengthening And Deepening Asean Economic Integration Through The Asean Free Trade Area : Legal Aspects Of The Implementation Of Afta, Nimnual Piewthongngam

Theses and Dissertations

The dissertation discusses the formation of ASEAN and AFTA, the underlying principles of AFTA, and particularly the tenor and timeframe for the implementation of the commitments of Member States under the Agreement on Common Effective Scheme for ASEAN Free Trade Area.

Navigating Through U.S.-China Policy: An Investigation Of China National Off-Shore Oil Corporation's Proposed Acquisition Of Unocal Corporation And How Domestic Politics Plays A Role In Balancing U.S. Trade Policy With National Security Policy, Vicki Lynn Spencer

Electronic Theses and Dissertations

When Chinese National Offshore Oil Corporation, Ltd. ( CNOOC) attempted to buy American-owned Unocal Corporation, it unleashed a "perfect storm" in Washington. Members of Congress immediately called upon President Bush to invoke his Exon-Florio authority to prevent the transaction. After the president claimed action would be premature, Congress quickly coalesced to block the deal. The Chinese expressed surprise at the political backlash and ultimately CNOOC was forced to withdraw its bid.

The purpose of this study is to explain the fervor that arose over CNOOC's proposed acquisition of Unocal. The study builds upon the theoretical approach of new institutionalism which …

Restrictive Trade Measures Based On Extraterritorial Human Rights Violations: An Analysis Under Allocation Of Regulatory Jurisdiction And Transaction Costs, Gustavo Ferreira Ribeiro

Maurer Theses and Dissertations

Are states entitled to take unilateral or collective trade measures in cases of extraterritorial human rights violations? Are states obligated to do so? The debate is often blurred by a multitude of legal, political, economic, and moral arguments that have, so far, produced many misunderstandings. On one hand, the human rights community alleges that the superiority of human rights resolves any conflict. On the other hand, the trade community fears the intrusion of human rights language and power within the trade regime, including multilateral regimes like the World Trade Organization.

While exploring the above issue, this dissertation unfolds in three …

Pharmaceutical Data Protection Law And Policy And Their Effects On The Right To Medicines : A Comparative Analysis, Yun-Ching Yeh

Theses and Dissertations

To examine the compatibility between data protection and the right to access medicines in the current data protection regimes, this study examines the concept of data protection in current legal regimes, examine exclusive data protection regime, discusses the impact of the right to medicines on data protection regime, finally provide sound legal reform and recommendations to improve the protection of pharmaceutical data. In its entirety, this research aims at researching the protection regime of pharmaceutical data from top to bottom; therefore, this research conducts a comprehensive analysis within three dimensions of protections: first, the international dimension represented by TRIPS, second; …

Hedging To Safety: A Political Economy Of Derivatives, Risk And Agriculture In The Developing World, Sasha Coler Breger Bush

Electronic Theses and Dissertations

It has become common for researchers and international development institutions to recommend the use of derivative instruments to developing country farmers and policymakers as a means of insuring agricultural incomes against the threats posed by volatile global commodity prices. Despite such enthusiasm, very little research to date examines whether or not derivative instruments actually can deliver income support to agricultural producers who face commodity price risk. This dissertation evaluates these recommendations, focusing upon the potential income security benefits of hedging with futures instruments for coffee farmers in Mexico, Brazil and Uganda during the 1998-2002 coffee crisis. The three-part quantitative and …

Mexico's Implementation Of The Biodiversity Convention And The Catagena Protocol In The Gmo Era: Challenges In Principles, Policies, And Practices, Juan Antonio Herrera

PhD Dissertations

Recent developments in genetic modification and the use of Living Modified Organisms (LMOs) in agriculture have ignited a debate over the potential effects of these organisms on biological diversity. This controversy materializes in the clash between the international environmental and trade regimes. Multilateral Environmental Agreements (MEAs), such as the 1992 Convention on Biological Diversity (CBD) focus on the preservation of biological diversity and, in the case of the Cartagena Protocol on Biosafety (Cartagena Protocol), the safe transfer of LMOs. These Agreements encourage States to base national decisions to allow LMO imports on environmental and risk assessments using the precautionary principle. …

Developed And Major Developing Countries' Abuse Of Trade Remedies And Its Consequent Ramifications On Developing Countries With Small Economies, Rania Abd El Aziz El Nady

Archived Theses and Dissertations

No abstract provided.

Trade, Competition And The Wto : An Assessment From A Developing Country Perspective, Waleed M Shoukry

Archived Theses and Dissertations

No abstract provided.

The Scope Of Most-Favoured Nation Treatment In Bilateral Investment Treaties, Tarek Fouad El-Marsafawy

Archived Theses and Dissertations

No abstract provided.

The Law Of The World Trade Organization And Its Domestic Implementation: With Special Reference To The People's Republic Of China, Hongliu Gong

Theses and Dissertations

On January 15, 1995, a new international economic organization came into being. The creation of the World Trade Organization (WTO), of which the tenth anniversary recently passed, marks "a watershed moment for the institutions of world economic relations reflected in the Bretton Wood system." Through a decade of existence, the WTO has grown into a "common institutional framework for the conduct of trade relations," serving to "develop an integrated, more viable and durable multilateral trading system."

Like many international economic organizations that emerged after World War II, the WTO is a treaty-established inter-governmental institution. "Treaties are often an awkward albeit …

A Comparative Analysis Of The Copyright Law Of The Kingdom Of Thailand And The Copyright Law Of The United States Of America : Within The Context Of International Trade, Sutee Iamcharoenying

Theses and Dissertations

Over the past twenty years, the Kingdom of Thailand's role in international trade has considerably increased. Concurrently, Thailand has been rapidly absorbing and utilizing advanced technology from the developed countries. Along with these favorable consequences, have come concerns regarding intellectual property protection. In fact, intellectual property matters have become one of the focal concerns for the United States, Thailand's most important trading partner. The United States has proclaimed that, to compete with other players in the world, Thailand must develop a sound copyright law reform to sustain its socio-economic development.

The fact that international copyright norms have been evolving may …

The Dark Side Of Multilateralism: An Assessment Of The Position Of The Developing World In The International Trading System, Marwa H. El-Saghir

Archived Theses and Dissertations

No abstract provided.

The Impact Of Post 9-11 Security Measures On Small, Aspiring And Export-Dependent Maritime States : Mixed Blessings For The Caribbean, Paul Wayne Wright

World Maritime University Dissertations

No abstract provided.

From Hot Air To Action? Climate Change, Compliance, And The Future Of International Environmental Law, Meinhard Doelle

PhD Dissertations

This dissertation considers the evolution, current state, and future prognosis of the global climate change regime under the umbrella of the United Nations Framework Convention on Climate Change. The focus of the dissertation is on State compliance with the Kyoto Protocol. Compliance is considered from the perspective of the internal compliance regime developed under the Kyoto Protocol as well as a select set of potential external international law influences. The dissertation concludes with an assessment of the level of compliance to be expected and its potential influence on the future of the climate change regime. Implications for international environmental law …

Nepal's Accession To Wto And Nepalese Legislation Required To Give Effect To Wto Covered Agreements, Ramesh Bikram Karky

Theses and Dissertations

Nepal's obligation of bringing its national legislation in conformity with the WTO Covered Agreements is one of the greatest challenges faced by Nepal. Here, for the purpose of our study, the coverage of the WTO Covered Agreements includes the WTO Agreement particularly Article :XVI:4, the Multilateral Agreements on Trade in Goods, General Agreement on Trade in Services and Agreement on Trade-Related Aspects of Intellectual Property Rights.60 This dissertation will focus on Nepal's accession to the WTO and examine Nepalese laws to be revised, amended or enacted to give effect to WTO Covered Agreements. This dissertation is divided into four Chapters …

International Trade And Corruption: The Influence Of Trading Partners, Jan Knorich

Seton Hall University Dissertations and Theses (ETDs)

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Regulation Of The International Transport Of Packaged Dangerous Goods: The Case For Legislative Integration In A World Convention, Mirsada Stasevic

LLM Theses

The multimodal transport of dangerous goods is a high risk enterprise for the participants, the public, and public and private property. This study examines the lack of congruency of safety and environmental protection rules which govern the international transport of dangerous goods, along with the concurrent progressive efforts of the international community to ensure global and inter-modal harmonization of these rules. It discusses their inadequacy and proposes a solution. The analysis of the existing rules, fragmented along modal and geographical fines, shows that they do not sufficiently introduce the safety, environmental protection and liability considerations into the legal regime governing …

The Impact On The U.S. Of The General Agreement On Tariffs And Trade, Sean-Stephan Pfaff

Graduate Student Dissertations, Theses, Capstones, and Portfolios

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The Effects Of A Twelve Mile Limit For The Territorial Sea, Richard J. Brennan

Theses and Major Papers

A treaty setting the limit of territorial waters at twelve miles will probably be negotiated and accepted by most nations in the near future. In areas not involving straits, this limit will have both beneficial and harmful effects, but it appears to be the best solution that can be achieved. However, in order to ensure that confidence in the free use of the oceans is maintained, the United States should attempt to have included in the treaty a provision for a channel of high seas through international straits. Agreement to such a provision will be difficult to obtain and if …

Britain And The Free Trade Area Negotiations Of 1956-1958, George Y. Ballentine

History Theses & Dissertations

Abstract unavailable.