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International Trade Law

2008

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Articles 1 - 30 of 124

Full-Text Articles in Law

Labor Rights In The Generalized System Of Preferences: A 20-Year Review, Lance A. Compa, Jeffrey S. Vogt Dec 2008

Labor Rights In The Generalized System Of Preferences: A 20-Year Review, Lance A. Compa, Jeffrey S. Vogt

Lance A Compa

[Excerpt]In the fall of 1982, a small group of labor, religious, and human rights activists began charting a new course for human rights and workers' rights in American trade policy. The principles of these labor rights advocates were straightforward: 1. No country should attract investment or gain an edge in international trade by violating workers' rights; 2. No company operating in global trade should gain a competitive edge by violating workers' rights; and, 3. Workers have a right to demand protection for labor rights in the international trade system, and to have laws to accomplish it. The coalition that ...


...And The Twain Shall Meet?, Lance A. Compa Dec 2008

...And The Twain Shall Meet?, Lance A. Compa

Lance A Compa

[Excerpt] No country or company should gain a commercial edge in international trade by jailing or killing union organizers, crushing independent union movements, or banning strikes. Gaining an advantage in labor costs should not depend on exploiting child labor or forced labor, or discriminating against women or oppressed ethnic groups. Deliberately exposing workers to life-threatening safety and health hazards, or holding wages and benefits below livable levels should not be permissible corporate strategies. But these are exactly the abuses that happen all too often in a rapidly globalized world trading system based on "free trade."


Japanese Rice Protectionism: A Challenge For The Development Of Agricultural Trade Laws , Chandler H. Udo Dec 2008

Japanese Rice Protectionism: A Challenge For The Development Of Agricultural Trade Laws , Chandler H. Udo

Boston College International and Comparative Law Review

The Japanese government has failed to contribute meaningfully to agricultural trade negotiations. Japan’s extreme negotiation posture primarily stems from a disinclination to make concessions in its domestic rice market. It is also a result of the ability of Japan, and other developed nations, to take advantage of the rule structure outlined by the Agreement on Agriculture. Under current agricultural laws, Japan is able to maintain many domestic measures that provide support for rice farmers while also charging prohibitively high tariffs. Japan’s reluctance to limit its support for domestic rice farmers is based on the premise that rice plays ...


Tiger, Tiger Flickering Light , Milan Dalal Dec 2008

Tiger, Tiger Flickering Light , Milan Dalal

Boston College International and Comparative Law Review

Tiger population in the wild, particularly in India, is disappearing at a rapid rate because of extensive poaching and destruction of habitats. The poaching is mainly driven by demand for tiger parts used in traditional Chinese medicine. As a result, Indian tiger products are smuggled into Tibet in contravention of the CITES treaty. This Note argues that significant changes need to be made to the legal regimes in India and China to deal with the poaching epidemic, including strengthening anti-poaching laws and legal enforcement. Additionally, the Author advocates implementing alternative economic strategies that rely on giving incentives to people and ...


One Law To Control Them All: International Merger Analysis In The Wake Of Ge/Honeywell, Kyle Robertson Dec 2008

One Law To Control Them All: International Merger Analysis In The Wake Of Ge/Honeywell, Kyle Robertson

Boston College International and Comparative Law Review

The proposed merger of General Electric and Honeywell International, two U.S. owned and operated companies, was blocked on an international level by the European Commission even after its domestic approval. Despite the closeness of U.S. and EU antitrust laws, regulators in both countries reached opposite conclusions regarding the effects of the merger. This case highlights the complexities of international merger analysis in the absence of a global competition policy and the dangers that inherently exist in the current regulatory landscape. This has made it clear that countries with restrictive merger guidelines can become the gatekeepers for large scale ...


Saving The Wto From The Risk Of Irrelevance: The Wto Dispute Settlement Mechanism As A ‘Common Good’ For Rta Disputes, Henry Gao, Chin Leng Lim Dec 2008

Saving The Wto From The Risk Of Irrelevance: The Wto Dispute Settlement Mechanism As A ‘Common Good’ For Rta Disputes, Henry Gao, Chin Leng Lim

Research Collection School Of Law

Over the past few decades, Regional Trade Agreements (RTAs) have proliferated globally. Such proliferation of RTAs created a renewed sense of urgency for the WTO to take action in order to avoid the fate of being eclipsed into irrelevance. There are several options for coping with the challenge. Theoretically speaking, the best approach would be to heighten the level of ambition in global trade talks to reduce all trade barriers to zero so that the discriminatory effect created by RTAs could be reduced or even eliminated. In reality, such an approach would be impossible for well-known reasons. The next best ...


A New Role For The International Monetary Fund In A New World Economic Order, Cynthia C. Lichtenstein Nov 2008

A New Role For The International Monetary Fund In A New World Economic Order, Cynthia C. Lichtenstein

Boston College Law School Faculty Papers

The IMF must change to deal with its new functions in a changed world of interconnected global financial markets. The piece first describes the Fund's mandated process of internal reform as of the time the paper was given (2007). It then summarizes the recommendations of Mervyn Kind, Governor of the Bank of England (in a talk he gave in India) as to how the Fund should change its oversight of the functioning of the international monetary system.


Bits, Ippas, Trips And Icsid: Justice For Some, Alphabet Soup For All, Christopher Wadlow Oct 2008

Bits, Ippas, Trips And Icsid: Justice For Some, Alphabet Soup For All, Christopher Wadlow

Christopher Wadlow

Examines the possibility that ICSID (the International Centre for Settlement of Investment Disputes) might be a more favourable forum than the WTO for private party complaints of violations of the TRIPs Agreement, if the state conduct alleged to violate TRIPs amounted to expropriation or breach of the principle of fair and equitable treatment.


Grocery Store Activism: A Wto Compliant Means To Incentivize Social Responsibility, Jessica M. Karbowski Oct 2008

Grocery Store Activism: A Wto Compliant Means To Incentivize Social Responsibility, Jessica M. Karbowski

Student Scholarship Papers

Despite the increases in global wealth attributable to globalization and increased international trade, the damage done by socially irresponsible production practices remains an area of concern for international human and labor rights advocates. Because international trade law under the World Trade Organization (WTO) imposes strict limitations on the policy options available to Member States, international human rights and international trade have been viewed as fundamentally at odds with one another. This Article argues that market-based incentives can be used to allow international trade to reinforce established human rights principles, rather than constantly undermining government attempts to formulate appropriate policy solutions ...


Commoditizing Intellectual Property Rights: The Practicability Of A Commercialized And Transparent International Ipr Market And The Need For International Standards, Ian David Mcclure Oct 2008

Commoditizing Intellectual Property Rights: The Practicability Of A Commercialized And Transparent International Ipr Market And The Need For International Standards, Ian David Mcclure

Buffalo Intellectual Property Law Journal

No abstract provided.


Protection Of Trademarks And Geographical Indications, Inessa Shalevich Oct 2008

Protection Of Trademarks And Geographical Indications, Inessa Shalevich

Buffalo Intellectual Property Law Journal

No abstract provided.


Insource The Shareholding Of Outsourced Employees: A Global Stock Ownership Plan, Robert C. Hockett Oct 2008

Insource The Shareholding Of Outsourced Employees: A Global Stock Ownership Plan, Robert C. Hockett

Cornell Law Faculty Publications

With the American economy stalled and another federal election campaign season well underway, the “outsourcing” of American jobs is again on the public agenda. Latest figures indicate not only that claims for joblessness benefits are up, but also that the rate of American job-exportation has more than doubled since the last electoral cycle. This year’s political candidates have been quick to take note. In consequence, more than at any time since the early 1990s, continued American participation in the World Trade Organization, in the North American Free Trade Agreement, and in the processes of global economic integration more generally ...


International And Comparative Aspects Of Trademark Dilution, Mark D. Janis, Peter K. Yu Oct 2008

International And Comparative Aspects Of Trademark Dilution, Mark D. Janis, Peter K. Yu

Faculty Scholarship

Extract:

In the United States, trademark antidilution protection is back—maybe. Proposed by Frank Schechter in the 1920s, adopted in various incarnations in some states over the next few decades, and ultimately introduced in a slightly different form in federal trademark law in 1995, the dilution provisions drew a cool reception in the courts. By the late 1990s, an increasingly restive judiciary was constraining the federal dilution provisions in various ways, most notably by requiring mark owners to prove actual dilution in order to establish liability, a requirement endorsed by the United States Supreme Court in Moseley v. V Secret ...


The Sps Agreement Within The Framework Of Wto Law. The Rough Guide To The Agreement’S Applicability, Lukasz A. Gruszczynski Sep 2008

The Sps Agreement Within The Framework Of Wto Law. The Rough Guide To The Agreement’S Applicability, Lukasz A. Gruszczynski

Lukasz A Gruszczynski

This article analyzes the problem of applicability of the SPS Agreement and its relationship with the TBT Agreement and GATT 1994. In this context, special attention is given to the panel report in EC – Biotech Products. The reason for such an approach is twofold. First, it was the first panel which comprehensively analyzed the conditions of applicability of the SPS Agreement, and second, some parts of its analysis are disappointing and not well reasoned. This article recognizes that the conditions of applicability of the SPS Agreement were conceptualized by the case law very broadly. The author, while accepting parts of ...


Jurisdiction Ratione Temporis Under Nafta Article 1116(2), Rocio I. Digon Sep 2008

Jurisdiction Ratione Temporis Under Nafta Article 1116(2), Rocio I. Digon

Student Scholarship Papers

The interpretation of “continuing breaches” for the purposes of determining jurisdiction ratione temporis has taken on particular importance in the past several years. Most bilateral and multilateral treaty instruments include clauses that establish temporal limitations on jurisdiction, but they do not explicitly address “continuing breaches.” Recently, NAFTA tribunals have considered this question under the three year time limitation of NAFTA Article 1116(2), but the issue still remains largely unresolved. This paper will analyze “continuing breaches” in both investment law and general international law and conclude that “continuing breaches” are not valid exceptions to established time limitations in investment treaties ...


Tracing The Contours Of Transnational Corporations' Human Rights Obligations In The Twenty-First Century, Iris Halpern Sep 2008

Tracing The Contours Of Transnational Corporations' Human Rights Obligations In The Twenty-First Century, Iris Halpern

Buffalo Human Rights Law Review

No abstract provided.


New Paradigms For Protection Of Biodiversity, Srividhya Ragavan Sep 2008

New Paradigms For Protection Of Biodiversity, Srividhya Ragavan

Faculty Scholarship

The most successful bioprospecting venture was established in 1989 in Costa Rica. Interestingly, the distinction of being a forerunner in exploiting bioprospecting goes to India. In 1979, a full decade before Costa Rica, India established the TBGRI (Tropical Botanic Garden and Research Institute) at Trivandrum.

Yet, the TBGRI venture with the Kani Tribes, which had the potential to become a beacon of bioprospecting success, is showcased as the exemplar of failure. In this era of trade regime, the following paper asserts, bioprospecting ventures are important tools for developing countries. Countries like India and organizations like the TBGRI should learn from ...


Ec Incentive Arrangements For Sustainable Development And Good Governance (Gsp Plus) And Wto Law – Critical Analysis, Lukasz A. Gruszczynski Aug 2008

Ec Incentive Arrangements For Sustainable Development And Good Governance (Gsp Plus) And Wto Law – Critical Analysis, Lukasz A. Gruszczynski

Lukasz A Gruszczynski

This article analyses the current general system of preferences of the EC in order to assess its conformity with the international obligations imposed by law of the World Trade Organization. The analysis is carried out in light of the recent WTO ruling, which found the old system of preferences incompatible with WTO law. In this context, the article argues that some aspects of the new system relating to special incentive arrangements for sustainable development and good governance may potentially conflict with the requirements of international trade law.


Sovereign Debt Restructuring: Search For An Optimum Voting Threshold, Joy Dey Aug 2008

Sovereign Debt Restructuring: Search For An Optimum Voting Threshold, Joy Dey

Joy Dey

Sovereigns have been defaulting on their debts over decades now. A sovereign debt default necessitates a restructuring of the debt instrument in order to reduce the size of the debt or lengthen the maturity period. One of the methods of debt restructuring is an ‘exchange offer’ where the old debt instrument, for example the bond, is exchanged for new debt instruments with altered terms and conditions, particularly the payment terms. Whereas some investors may agree to such restructuring and accept the exchange offer, others might have different aspirations for their investments. A successful sovereign debt restructuring takes place when the ...


The Moral Hazard Problem In Global Economic Regulation, Frank J. Garcia Jul 2008

The Moral Hazard Problem In Global Economic Regulation, Frank J. Garcia

Boston College Law School Faculty Papers

Global regulation of international business transactions presents a particular form of the moral hazard problem. Global firms use economic and political power to manipulate state and state-controlled multilateral regulation to preserve their opportunity to externalize the social costs of global economic activity with impunity. Unless other actors can effectively counter this at the national and global regulatory levels, globalization re-creates the conditions for under-regulated or “robber baron” capitalism at the global level. This model of economic activity has been rejected at the national level by the same modern democratic capitalist states which currently dominate globalization, creating a crisis of legitimacy ...


Toward A World Migratory Regime, Raffaele Marchetti Jul 2008

Toward A World Migratory Regime, Raffaele Marchetti

Indiana Journal of Global Legal Studies

Increasing transnationalism challenges the predominant statist treatment of migration and citizenship. Global, indeed cosmopolitan, citizenship offers an alternative to open border policies and global migratory management that focuses on the extent to which political agents are free to move and join different societies. Multilayered citizenship and multileveled political membership encourages a supranational institution dedicated to global deliberation. Such a migratory regulatory system and new admission criteria developed under the universal membership regime ensure the grant of civil, social, and political rights to all migrants.


The Australia-Chile Free Trade Agreement 2008: Intellectual Property And Development. A Submission To The Joint Standing Committee On Treaties., Matthew Rimmer Jun 2008

The Australia-Chile Free Trade Agreement 2008: Intellectual Property And Development. A Submission To The Joint Standing Committee On Treaties., Matthew Rimmer

Matthew Rimmer

“The Intellectual Property chapter locks in Australia and Chile’s current standards of intellectual property protection for patents, trademarks, geographical indications and copyright, including through appropriate enforcement mechanisms”Regulatory Impact Statement 2008“The public domain is of crucial importance for researchers, academics, teachers, artists, authors and enterprises, which require a rich base of content for their new creations, as well as for those institutions, the function of which is to preserve or disseminate knowledge, such as universities, research centers, libraries, information services, archives and museums.”Submission of the Government of Chile to the World Intellectual Property Organization.“We do not ...


Oversight Of U.S. Trade Preference Programs: Hearing Before The S. Comm. On Finance, 110th Cong., June 12, 2008 (Statement Of Andrew Small, Adjunct Prof. Of Law, Geo. U. L. Center), Andrew Small Jun 2008

Oversight Of U.S. Trade Preference Programs: Hearing Before The S. Comm. On Finance, 110th Cong., June 12, 2008 (Statement Of Andrew Small, Adjunct Prof. Of Law, Geo. U. L. Center), Andrew Small

Testimony Before Congress

No abstract provided.


Justice, The Bretton Woods Institutions And The Problem Of Inequality, Frank J. Garcia Jun 2008

Justice, The Bretton Woods Institutions And The Problem Of Inequality, Frank J. Garcia

Boston College Law School Faculty Papers

The Bretton Woods Institutions are, together with the WTO, the preeminent international institutions devoted to managing international economic relations. This mandate puts them squarely in the center of the debate concerning development, inequality and global justice. While the normative analysis of the WTO is gaining momentum, the systematic normative evaluation of the World Bank and the International Monetary Fund is comparatively less developed. This essay aims to contribute to that nascent inquiry. How might global justice criteria apply to the ideology and operations of the Bank and Fund? Political theory offers an abundance of perspectives from which to conduct such ...


Tercer Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García Jun 2008

Tercer Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García

Bruno L. Costantini García

Tercer Congreso Nacional de Organismos Públicos Autónomos

"Autonomía, Reforma Legislativa y Gasto Público"


The Development Of Nato Ebao Doctrine: Clausewitz's Theories And The Role Of Law In An Evolving Approach To Operations, Colonel Jody M. Prescott Jun 2008

The Development Of Nato Ebao Doctrine: Clausewitz's Theories And The Role Of Law In An Evolving Approach To Operations, Colonel Jody M. Prescott

Penn State International Law Review

No abstract provided.


Does "Made In China" Translate To "Watch Out" For Consumers? The U.S. Congressional Response To Consumer Product Safety Concerns, Julia A. Phillips Jun 2008

Does "Made In China" Translate To "Watch Out" For Consumers? The U.S. Congressional Response To Consumer Product Safety Concerns, Julia A. Phillips

Penn State International Law Review

No abstract provided.


The Eu Challenge To The Sec, Roberta S. Karmel Jun 2008

The Eu Challenge To The Sec, Roberta S. Karmel

Faculty Scholarship

No abstract provided.


Access To Medicines, Brics Alliances, And Collective Action, Peter K. Yu Jun 2008

Access To Medicines, Brics Alliances, And Collective Action, Peter K. Yu

Faculty Scholarship

Most discussions on the public health implications of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights focus on the right of less developed countries to issue compulsory licenses and the need for these countries to exploit flexibilities within the TRIPs Agreement. However, there are other means by which countries can enhance access to essential medicines. To provide an illustration of these other means, this article explores the possibility for greater collaboration among the BRICS countries (Brazil, Russia, India, China, and South Africa) and between these countries and other less developed countries.

This article begins by offering a brief ...


Sps Measures Adopted In Case Of Insufficiency Of Scientific Evidence – Where Do We Stand After Ec-Biotech Products Case?, Lukasz A. Gruszczynski May 2008

Sps Measures Adopted In Case Of Insufficiency Of Scientific Evidence – Where Do We Stand After Ec-Biotech Products Case?, Lukasz A. Gruszczynski

Lukasz A Gruszczynski

This article analyzes the disciplines established by Article 5.7 of the Agreement on the Application of Sanitary and Phytosanitary Measures. The analysis is based both on the text of the SPS Agreement as well as on the existing case law with the special consideration given to the panel’s ruling in EC – Biotech Products. The article criticizes the approach of the case law to the issue of applicability of Article 5.7 as it confuses the applicability with the consistency. The article argues that it is more appropriate to view the SPS Agreement as providing for three mutually exclusive ...