Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- BLR (44)
- Selected Works (17)
- University of Michigan Law School (10)
- Vanderbilt University Law School (10)
- American University Washington College of Law (8)
-
- SelectedWorks (6)
- Northwestern Pritzker School of Law (5)
- University of Richmond (5)
- Texas A&M University School of Law (4)
- Chicago-Kent College of Law (3)
- Nova Southeastern University (3)
- University of Georgia School of Law (3)
- Boston University School of Law (2)
- Brigham Young University Law School (2)
- Florida State University College of Law (2)
- Golden Gate University School of Law (2)
- Latin American and Caribbean Law and Economics Association (2)
- New York Law School (2)
- Seattle University School of Law (2)
- Touro University Jacob D. Fuchsberg Law Center (2)
- University at Buffalo School of Law (2)
- University of Denver (2)
- University of Washington School of Law (2)
- Villanova University Charles Widger School of Law (2)
- Washington and Lee University School of Law (2)
- Western University (2)
- American University in Cairo (1)
- Cleveland State University (1)
- Columbia Law School (1)
- Cornell University Law School (1)
- Keyword
-
- International Trade (59)
- International Law (43)
- Commercial Law (20)
- Comparative and Foreign Law (19)
- Trade Regulation (19)
-
- WTO (19)
- Economics (17)
- World Trade Organization (17)
- Law and Economics (14)
- Intellectual Property Law (12)
- International trade (12)
- Corporations (10)
- Constitutional Law (9)
- Contracts (9)
- General Law (8)
- Human Rights Law (8)
- Law and Society (8)
- Consumer Protection Law (7)
- Politics (7)
- Antitrust (6)
- China (6)
- Developing countries (6)
- Dispute Resolution (6)
- Government Contracts (6)
- International law (6)
- Jurisprudence (6)
- Science and Technology (6)
- Trade (6)
- Treaties (6)
- Agriculture Law (5)
- Publication
-
- ExpressO (44)
- Faculty Scholarship (9)
- Sustainable Development Law & Policy (8)
- Frank J. Garcia (7)
- Vanderbilt Journal of Transnational Law (7)
-
- All Faculty Scholarship (5)
- Northwestern Journal of International Law & Business (5)
- Richmond Journal of Global Law & Business (5)
- Michigan Journal of International Law (4)
- Faculty Articles (3)
- ILSA Journal of International & Comparative Law (3)
- Scholarly Works (3)
- Articles (2)
- Book Chapters (2)
- Brigham Young University International Law & Management Review (2)
- Bruno L. Costantini García (2)
- Carole Silver (2)
- Florida State University Journal of Transnational Law & Policy (2)
- Human Rights & Human Welfare (2)
- Journal Articles (2)
- LLM Theses and Essays (2)
- Law Publications (2)
- Lukasz A Gruszczynski (2)
- Michigan Law Review (2)
- NYLS Law Review (2)
- Theses and Dissertations (2)
- Vanderbilt Journal of Entertainment & Technology Law (2)
- Washington and Lee Law Review (2)
- Working Paper Series (2)
- antonio lordi (2)
- Publication Type
- File Type
Articles 31 - 60 of 166
Full-Text Articles in Law
Is Ec Trade Policy Up To Par?: A Legal Analysis Over Time - Rome, Marrakesh, Amsterdam, Nice, And The Constitutional Treaty, Rafael Leal-Arcas
Is Ec Trade Policy Up To Par?: A Legal Analysis Over Time - Rome, Marrakesh, Amsterdam, Nice, And The Constitutional Treaty, Rafael Leal-Arcas
ExpressO
This article is an attempt to a thorough chronological analysis of the European Community’s (EC) existing law and policy in the field of international trade law since the beginning of the European Economic Community. It deals with the evolution of the EC’s common commercial policy competence through the years, starting with the European Coal and Steel Community (ECSC), moving on to the necessary changes brought by the World Trade Organization (WTO) Agreement, signed in Marrakesh in 1994, until the days of the European Union (EU) Constitutional Treaty, with a view to enabling the EC with a coherent trade policy in …
Evaluating The Wto's Two Step Test For Environmental Measures Under Article Xx, Nita Ghei
Evaluating The Wto's Two Step Test For Environmental Measures Under Article Xx, Nita Ghei
ExpressO
There has been considerable dissatisfaction expressed by both free trade proponents and environment activists with respect to the WTO’s exercise of authority on the impact of environmental measures on international trade. The Article first sets out a analytical framework, based on public choice theory, which examines the incentives to implement measures to achieve environmental goals which function effectively as disguised barriers to trade. This is followed by a careful examination of the WTO’s jurisprudence in the area, which suggests that the WTO’s focus on the measure being implemented is correct. Furthermore, the two step test under Article XX, as conceived …
Thinking Outside The Border: Homeland Security And The Forward Deployment Of The U.S. Border, Gregory W. Bowman
Thinking Outside The Border: Homeland Security And The Forward Deployment Of The U.S. Border, Gregory W. Bowman
ExpressO
Following the September 11, 2001, terrorist attacks, the U.S. government implemented a number of inbound cargo security programs it described as “pushing the border outward” or “expanding [the U.S.] perimeter of security.” Are these statements rhetorical flourish, or do these programs materially affect international cargo trade? This article argues that far from being mundane or rhetorical, these cargo security programs are transforming how U.S. borders operate from both a conceptual and practical perspective. Specifically, by moving certain aspects of border functionality to locations well-removed from the physical U.S. border, these programs make U.S. regulation of inbound trade significantly more extraterritorial. …
Only One Kick At The Cat: A Contextual Rubric For Evaluating Res Judicata And Collateral Estoppel In International Commercial Arbitration, Randy D. Gordon
Only One Kick At The Cat: A Contextual Rubric For Evaluating Res Judicata And Collateral Estoppel In International Commercial Arbitration, Randy D. Gordon
Faculty Scholarship
Arbitration is the preferred method of resolving disputes arising out of international commercial transactions. It stands outside national legal systems because contracting parties agree in advance that they want neutral arbitrators — not local judges and juries — deciding who is at fault when a commercial relationship breaks down. But arbitration nevertheless butts up against litigation from time to time, often because one party attempts to arbitrate a matter that has been litigated to conclusion or vice versa. This article examines — through a contextual approach — questions of preclusion that thereby arise and ultimately suggests that res judicata and …
Damages In Lieu Of Performance Because Of Breach Of Contract, John Y. Gotanda
Damages In Lieu Of Performance Because Of Breach Of Contract, John Y. Gotanda
Working Paper Series
In contract disputes between transnational contracting parties, damages are often awarded to compensate a claimant for loss, injury or detriment resulting from a respondent’s failure to perform the agreement. In fact, damages may be the principal means of substituting for performance or they may complement other remedies, such as recision or specific performance.
Damages for breach of contract typically serve to protect one of three interests of a claimant: (1) performance interest (also known as expectation interest); (2) reliance interest; or (3) restitution interest. The primary goal of damages in most jurisdictions is to fulfil a claimant’s performance interest by …
Imposing Conditions On Developing Countries’ Tariff Preferences, Jennifer S. Jones
Imposing Conditions On Developing Countries’ Tariff Preferences, Jennifer S. Jones
ExpressO
No abstract provided.
Greed And Pride In International Bankruptcy: The Problems And Proposed Solutions To “Local Interests”, John A. E. Pottow
Greed And Pride In International Bankruptcy: The Problems And Proposed Solutions To “Local Interests”, John A. E. Pottow
Law & Economics Working Papers Archive: 2003-2009
From just-enacted (2005) chapter 15 of the U.S. Bankruptcy Code to the U.K. Enterprise Act of 2002, legislative reforms to international bankruptcy are on the rise. One of the thorniest issues facing scholars and policymakers alike in these efforts is what to do with the nettlesome problem of “local interests.” What exactly are these “local interests,” and what is it that we are we trying to protect? Literature to date has been elusive in pinning this down and has offered, for the most part, only undifferentiated anxiety that an international bankruptcy regime may impinge undesirably upon “local concerns.” This article …
Primer Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García
Primer Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García
Bruno L. Costantini García
Memorias del Primer Congreso Nacional de Organismos Públicos Autonomos
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
ExpressO
This brief comment suggests where the anti-eminent domain movement might be heading next.
The (Intellectual Property Law &) Economics Of Innocent Fraud: The Ip & Development Debate, Peter Matthew Beattie
The (Intellectual Property Law &) Economics Of Innocent Fraud: The Ip & Development Debate, Peter Matthew Beattie
ExpressO
This note/essay examines the evidence on the effect of stronger IP laws introduced during the process of international IP law harmonization initiated by the TRIPS agreement, on the economic development of developing countries. It has been argued by proponents of harmonization that stronger IP laws will provide a needed boost to the economic development of developing (and even least-developed) countries. Critics of harmonization have argued that stronger IP laws will have the opposite effect. What has been largely overlooked in this debate is the strength of the evidentiary foundation upon which the arguments of both sides depend. Many of the …
Cnooc-Unocal And The Wto: Discriminatory Rules In The China Protocol Are A Latent Threat To The Rule Of Law In The Dispute Settlement Understanding, Thomas P. Holt
Washington International Law Journal
In the summer of 2005, the Chinese state-owned oil company CNOOC, Ltd. (“CNOOC”) attempted to purchase American-owned Unocal Corporation on very favorable terms. There was a serious problem with the merger, however—the U.S. Congress was not about to let the People’s Republic of China (“China”) buy up an American company, no matter how much it was willing to pay. Following a period of increasingly heated rhetoric about the deal, the U.S. Congressman representing competitor Chevron Corporation’s home district inserted a provision in the Energy Policy Act of 2005 that was intended to, and did, scuttle the deal. The U.S. Congress’ …
Individual Rights And Investor Protections In A Trade Regime: Nafta And Cafta, Amy K. Anderson
Individual Rights And Investor Protections In A Trade Regime: Nafta And Cafta, Amy K. Anderson
Washington and Lee Law Review
No abstract provided.
The Executive Role In Culturing Export Control Compliance, Matthew G. Morris
The Executive Role In Culturing Export Control Compliance, Matthew G. Morris
Michigan Law Review
Part I argues that the nature of export control enforcement requires extensive self-governing behavior on the part of exporters and that enforcement should be directed toward that end. Part II examines several possible justifications for penalizing a business entity and concludes that deterrence and rehabilitation through education are the most viable, particularly in a self-regulating industry. Part III argues that examining the export compliance program is actually a necessary prerequisite to determining the general culpability required under the general factors, and on that basis alone cannot be relegated to a mitigating factor. Part IV argues that an emphasis on corporate …
Peru-U.S. Free Trade Agreement, Ricardo Y. Sallis
Peru-U.S. Free Trade Agreement, Ricardo Y. Sallis
Brigham Young University International Law & Management Review
No abstract provided.
Genetically Modified Foods In The International Arena: Trade Conflicts, Labeling Controversy, And The Importance Of Informed Consumer Choice, Ilona M. Deminina
Genetically Modified Foods In The International Arena: Trade Conflicts, Labeling Controversy, And The Importance Of Informed Consumer Choice, Ilona M. Deminina
Brigham Young University International Law & Management Review
No abstract provided.
Wto Dispute Settlement Remedies: Monetary Compensation As An Alternative For Developing Countries, Adebukola A. Eleso
Wto Dispute Settlement Remedies: Monetary Compensation As An Alternative For Developing Countries, Adebukola A. Eleso
ExpressO
When the WTO came into existence formally as an institution in 1995, it was a culmination of the process to institutionalize the General Agreement on Trade and Tariffs (GATT) which had been in operation since 1947. As an institution with Membership of 149 countries, the goal of the WTO is to facilitate the implementation, administration, and operation of the Multilateral Trade Agreements (MTAs); to provide a forum for negotiations among Member States; to administer the Understanding on Rules and Procedures Governing the Settlement of Disputes, amongst others.
The Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) of …
Towards A Development-Oriented Multilateral Framework On Competition Policy, Jae Sung Lee
Towards A Development-Oriented Multilateral Framework On Competition Policy, Jae Sung Lee
San Diego International Law Journal
The 1982 United Nations Convention on the Law of the Sea (LOSC) is a successful attempt by the international community to codify and unify the law of the sea. After long negotiations, the LOSC opened for signature at the Third United Nations Conference on the Law of the Sea (UNCLOS III) in 1982. Together with its two formal associations, the Part XI Implementation Agreement 1994 and the Straddling and Migratory Fish Stocks Agreement 1995, it is regarded as one of the most comprehensive documents ever adopted by the international community. The LOSC not only succeeded in addressing all topics covered …
The High Stakes Of Wto Reform, James Thuo Gathii
The High Stakes Of Wto Reform, James Thuo Gathii
Michigan Law Review
Behind the Scenes at the WTO definitively exposes how the trade negotiation process makes it possible for a few rich countries to dominate the trade agenda at the expense of all other countries. It is one of the first studies that authoritatively shows how trade negotiations have developed into "a game for high stakes, between unequally matched teams, where much of the game is played with few rules and no referee" (p. 50). The book attributes the deadlocked nature of the Doha Round of multilateral trade negotiations and the recent disruptions of the World Trade Organization's ("WTO") ministerial meetings to …
Is Free Trade ‘Free’? Is It ‘Trade’?, Frank Garcia
Is Free Trade ‘Free’? Is It ‘Trade’?, Frank Garcia
Frank J. Garcia
No abstract provided.
The Lack Of Dissent In Wto Dispute Settlement: Is There A “Unanimity” Problem?, Meredith Kolsky Lewis
The Lack Of Dissent In Wto Dispute Settlement: Is There A “Unanimity” Problem?, Meredith Kolsky Lewis
ExpressO
This article is the first piece of scholarship to analyze in detail the fact that there has been almost no dissent in World Trade Organization (WTO) dispute settlement reports. The article first examines the empirical data with respect to dissenting and concurring opinions at both the panel and Appellate Body levels. Fewer than five percent of panel reports and two percent of Appellate Body reports contain separate opinions of any kind. It second shows that the WTO is in fact actively discouraging dissents, and discusses why this might be the case. The article argues that dissents are valuable in general, …
Agricultural Biotechnology: Legal Liability From Comparative And International Law Perspectives, Drew L. Kershen, Stuart J. Smyth
Agricultural Biotechnology: Legal Liability From Comparative And International Law Perspectives, Drew L. Kershen, Stuart J. Smyth
ExpressO
Agricultural biotechnology has generated much discussion about possible legal liability for growing transgenic crops. In this article, the authors discuss how the legal regimes of four nations (Canada, Denmark, Germany, and the United States) would resolve various scenarios likely to raised liabilility issues. Building on this comparative discussion, the authors then discuss these likely scenarios as addressed in the on-going negotiations under the Cartagena Protocol on Biosafety Article 27 (Liability and Redress). The authors end the article with recommendations about an appropriate legal liabilty regime at the international level.
Don’T Get Bit: Addressing Icsid’S Inconsistent Application Of Most-Favored-Nation Clauses To Dispute Resolution Provisions, Gabriel Egli
Don’T Get Bit: Addressing Icsid’S Inconsistent Application Of Most-Favored-Nation Clauses To Dispute Resolution Provisions, Gabriel Egli
ExpressO
No abstract provided.
Moot Court Diplomacy, Mark R. Shulman
Moot Court Diplomacy, Mark R. Shulman
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
A Review Of The Role Of The Cites Secretariat In The Implementation Of The Non-Detriment Finding Requirement, Alice Stroud
A Review Of The Role Of The Cites Secretariat In The Implementation Of The Non-Detriment Finding Requirement, Alice Stroud
William & Mary Environmental Law and Policy Review
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
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 …
From Pirates To Partners (Episode Ii): Protecting Intellectual Property In Post-Wto China, Peter K. Yu
From Pirates To Partners (Episode Ii): Protecting Intellectual Property In Post-Wto China, Peter K. Yu
Faculty Scholarship
In "From Pirates to Partners: Protecting Intellectual Property in China in the Twenty-First Century," I criticized the ineffectiveness and short-sightedness of the American foreign intellectual property policy toward China. As I argued, the coercive approach taken by the U.S. administrations created a "cycle of futility" in which China and the United States repeatedly threatened each other with trade wars, only to back down in the eleventh hour with a compromise that did not provide sustained improvements in intellectual property protection.
Since I wrote that article five years ago, China has joined the WTO and undertook a complete overhaul of its …
A Cheese By Any Other Name: A Palatable Compromise To The Conflict Over Geographical Indications, Ivy Doster
A Cheese By Any Other Name: A Palatable Compromise To The Conflict Over Geographical Indications, Ivy Doster
Vanderbilt Law Review
In many grocery stores, shoppers must look in two places to find cheese. The first cheese section is usually near the dairy case; the second is often a specialty cheese case located in the produce department. Why make harried supermarket shoppers rush back and forth between two locations to find what they need for a fondue? The most noticeable difference between the cheeses in the two cases is probably the price: cheeses in the specialty case are generally much more expensive. A second difference is the packaging: many cheeses in the dairy aisle are pre-grated, pre-shredded, or pre-sliced and individually …
Of Shrinking Sweatsuits And Poison Vine Wax: A Comparison Of Excuse For Nonperformance Under The Ucc And The Cisg, Carla Spivack
Of Shrinking Sweatsuits And Poison Vine Wax: A Comparison Of Excuse For Nonperformance Under The Ucc And The Cisg, Carla Spivack
ExpressO
This article compares the doctrine of excuse/exemption for nonperformance under UCC 2-615 and CISG Article 79 analyzing texts, commentary and cases, and the underlying policy concerns of both regimes. It argues that a narrow interpretation of Article 79's basis for excuse/exemption is the reading intended by the drafters and most likely to promote the CISG's goal of facilitating transborder transactions.
Sarbanes-Oxley Act Of 2002: Are Multi-National Corporations Unduly Burdened?, William Alan Nelson
Sarbanes-Oxley Act Of 2002: Are Multi-National Corporations Unduly Burdened?, William Alan Nelson
ExpressO
The Sarbanes-Oxley Act was enacted by Congress in response to the frauds perpetrated by several large U.S. companies; Enron and WorldCom were the main catalysts for the swift regulatory response. Though the primary impetus of Sarbanes-Oxley was to deter corruption domestically, its impact has had multinational reach. Problems arise when foreign corporations domiciled outside the United States are subject to both U.S. securities law and the laws of their home country, particularly when the laws are in conflict. This five part comment examines the effect that the Sarbanes–Oxley Act of 2002 has had on multinational corporations. The comment begins by …