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Fda's Consideration Of Codex Alimentarius Standards In Light Of International Trade Agreements, Lucinda Sikes Dec 2015

Fda's Consideration Of Codex Alimentarius Standards In Light Of International Trade Agreements, Lucinda Sikes

Lucinda Sikes

No abstract provided.


How Much Does Law Matter - Labor Law, Competition, And Waterfront Labor Relations In Rotterdam And U.S. Ports, Robert Kagan Dec 2015

How Much Does Law Matter - Labor Law, Competition, And Waterfront Labor Relations In Rotterdam And U.S. Ports, Robert Kagan

Robert Kagan

In both the Netherlands & the US, law has helped rationalize the hiring of port labor & provide dockworkers greater security. However, US longshoremen have captured a larger share of the productivity gains flowing from the mechanization of cargo handling than have Dutch dockworkers. At the same time, the constraints imposed by US longshore unions have made container terminals in the US less efficient & more costly to users, as compared to Rotterdam terminals. These differences can in part be explained by US labor law, which encourages a more adversarial, self-seeking union posture than does the labor law structure in …


Incentivizing Corporate America To Eradicate Transnational Bribery Worldwide: Federal Transparency And Voluntary Disclosure Under The Foreign Corrupt Practices Act, Peter R. Reilly Oct 2015

Incentivizing Corporate America To Eradicate Transnational Bribery Worldwide: Federal Transparency And Voluntary Disclosure Under The Foreign Corrupt Practices Act, Peter R. Reilly

Peter R. Reilly

No abstract provided.


U.S. Should Not Worry About Chinese Leaders Meeting With Tech Titans, Peter K. Yu Sep 2015

U.S. Should Not Worry About Chinese Leaders Meeting With Tech Titans, Peter K. Yu

Peter K. Yu

No abstract provided.


Trade And Environment: An Environmentalist View, Naomi Roht-Arriaza Aug 2015

Trade And Environment: An Environmentalist View, Naomi Roht-Arriaza

Naomi Roht-Arriaza

No abstract provided.


Precaution, Participation And The "Greening" Of International Trade Law, Naomi Roht-Arriaza Aug 2015

Precaution, Participation And The "Greening" Of International Trade Law, Naomi Roht-Arriaza

Naomi Roht-Arriaza

No abstract provided.


Corporate Social Responsibility For Enforcement Of Labor Rights: Are There More Effective Alternatives?, Barbara Fick Mar 2015

Corporate Social Responsibility For Enforcement Of Labor Rights: Are There More Effective Alternatives?, Barbara Fick

Barbara Fick

Professor Fick's presentation begins at 2:08:36 of the video, and ends at 3:05:27.


The Social Foundations Of World Trade, Sungjoon Cho Mar 2015

The Social Foundations Of World Trade, Sungjoon Cho

Sungjoon Cho

Streamed live on Mar 17, 2015

Sungjoon Cho, Professor of Law at IIT Chicago-Kent Law, gives a lecture titled after his recently published book "The Social Foundations of World Trade: Norms, Community and Constitution."

This lecture is sponsored by the Center for International and Comparative Law.


The Complicated Relationship: A Snapshot Of The U.S.-Mexico Border, James Cooper Feb 2015

The Complicated Relationship: A Snapshot Of The U.S.-Mexico Border, James Cooper

James M. Cooper

This report will detail some of the major issues concerning the U.S.-Mexico border and the interconnected nature of the problems. It first examines the violence between narcotraficantes, that which has resulted in the crackdown against them by the Mexican Government through mobilization of the military. The resulting violence and kidnappings have brought about minimal confidence in civilian authorities, the administration of justice, and democratic governance. This report discusses the resulting public insecurity that has afflicted Mexico in the last few years. This report explores the economic contours along the U.S. border, and the reactions of the U.S. Government to what …


The North American Free Trade Agreement And Its Legacy On The Resolution Of Intellectual Property Disputes, James Cooper Feb 2015

The North American Free Trade Agreement And Its Legacy On The Resolution Of Intellectual Property Disputes, James Cooper

James M. Cooper

This essay focuses on NAFTA and the contributions that this regional trade pact made to protect IPR and settle intellectual property (IP) disputes. It also explores the legacy of NAFTA in the context of the eventual WTO, and the rights provided by the TRIPS Agreement that was concluded as part of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) negotiations. Section II provides a brief historical background on how NAFTA fit into the world as countries began aligning themselves by creating various trade agreements. Section III surveys the provisions and legacy of NAFTA with respect to …


Why International Catch Shares Won't Save Ocean Biodiversity, Holly Doremus Feb 2015

Why International Catch Shares Won't Save Ocean Biodiversity, Holly Doremus

Holly Doremus

Skepticism about the efficacy and efficiency of regulatory approaches has produced a wave of enthusiasm for market-based strategies for dealing with environmental conflicts. In the fisheries context, the most prominent of these strategies is the use of “catch shares,” which assign specific proportions of the total allowable catch to individuals who are then free to trade them with others. Catch shares are now in wide use domestically within many nations, and there are increasing calls for implementation of internationally tradable catch shares. Based on a review of theory, empirical evidence, and two contexts in which catch shares have been proposed, …


The Dynamic Of Institutional Discrepancies And Growing Contradiction Within The International Economic Order, Chantal Thomas Feb 2015

The Dynamic Of Institutional Discrepancies And Growing Contradiction Within The International Economic Order, Chantal Thomas

Chantal Thomas

No abstract provided.


Challenges For Democracy And Trade: The Case Of The United States, Chantal Thomas Feb 2015

Challenges For Democracy And Trade: The Case Of The United States, Chantal Thomas

Chantal Thomas

Predominant political theory holds that legislators are protectionist regarding international trade because susceptibility to minority interest groups leads them to vote in ways that protect domestic industries at the expense of free trade. Because free trade is widely regarded as beneficial to the majority, the protectionist tendency of the legislature is believed to be a disservice to most Americans. These two theories have led to policies that restrict the role of the legislature in the formulation of trade policy, specifically, the creation of the fast track framework for trade policy legislation that exists today. This Essay challenges these two theories, …


Reforming The International Investment Regime: Lessons From International Trade Law, Frank Garcia, Lindita Ciko, Apurv Gaurav Dec 2014

Reforming The International Investment Regime: Lessons From International Trade Law, Frank Garcia, Lindita Ciko, Apurv Gaurav

Frank J. Garcia

International trade law underwent a profound paradigm shift during the 1990’s and into the 21st century as a response to globalization, and to a legitimacy crisis sparked by unresolved structural issues from the General Agreement on Tariffs and Trade (GATT) era and tensions surfacing in GATT case law around ‘trade and’ issues. Investment law today is undergoing a similar legitimacy crisis for similar reasons, particularly with respect to Bilateral Investment Treaties and investor–State arbitration. We argue that investment law is ripe for a similar paradigm shift, away from the dominant view of investment law as a private ordering system to …


Bretton Woods 1.0: A Constructive Retrieval For Sustainable Finance, Robert Hockett Dec 2014

Bretton Woods 1.0: A Constructive Retrieval For Sustainable Finance, Robert Hockett

Robert C. Hockett

Global trade imbalance and domestic financial fragility are intimately related. When a nation runs persistently massive current account deficits to maintain global liquidity as has the United States now for decades, its central bank effectively relinquishes exchange rate flexibility to become a de facto central bank to the world. That in turn prevents the bank from playing its essential credit-modulatory role at home, at least absent strict capital controls that are difficult to administer and have long been taboo. And this can in turn render credit-fueled asset price bubbles and busts all but impossible to prevent, irrespective of the nation's …


Developing Countries And The Wto, John Barceló Iii Dec 2014

Developing Countries And The Wto, John Barceló Iii

John J. Barceló III

When the World Trade Organization (WTO) was founded ten years ago on January 1, 1995, commentators hailed it as a major transformation of the world trading system. The new, more juristic and permanent World Trade Organization replaced the previous, more pragmatic and ad hoc General Agreement on Tariffs and Trade (GATT). The industrial countries, led by the United States, the EU, and Japan, brought about this change to consolidate and deepen their own and the world’s commitment to an open trading system. Their support for the change was crucial because they dominated the GATT, and they continue to dominate the …


Antidumping Laws As Barriers To Trade--The United States And The International Antidumping Code, John Barceló Iii Dec 2014

Antidumping Laws As Barriers To Trade--The United States And The International Antidumping Code, John Barceló Iii

John J. Barceló III

No abstract provided.


From Targeted Sanctions To Targeted Settlements--International Law-Making Through Effective Means, Marija Đorđeska Jul 2014

From Targeted Sanctions To Targeted Settlements--International Law-Making Through Effective Means, Marija Đorđeska

Marija Dordeska

No abstract provided.


Dispute Resolution: The Mutual Agreement Procedure, Hugh Ault Jun 2013

Dispute Resolution: The Mutual Agreement Procedure, Hugh Ault

Hugh J. Ault

No abstract provided.


Some Reflections On The Oecd And The Sources Of International Tax Principles, Hugh Ault Jun 2013

Some Reflections On The Oecd And The Sources Of International Tax Principles, Hugh Ault

Hugh J. Ault

This article is the revised text of a lecture held on May 2, 2013, at the Max Planck Institute for Tax Law and Public Finance. It focuses on the OECD's work on the definition of Permanent Establishment, the transfer pricing treatment of Intangibles and the recently announced project on base erosion and profit shifting ("BEPS"). After describing these positive law developments, Ault relates to more basic questions of how principles of international tax law, and particular the normative claims to taxing rights, are established.


Global Justice And International Economic Law: Three Takes, Frank Garcia Dec 2012

Global Justice And International Economic Law: Three Takes, Frank Garcia

Frank J. Garcia

For centuries, international trade has been seen as essential to the wealth and power of nations, and defended as a system through which all could benefit. It is only recently that trade's problematic role as an engine of distributive justice has begun to be understood, due in part to globalization and the global justice debates. In this compelling new book, international legal scholar Frank J. Garcia proposes a radically new way to evaluate, construct, and manage international trade - one that is based on norms of economic justice as well as comparative advantage and national interest. This book examines three …


Plant Variety Protection In Thailand: The Need For A New Coherent Framework, Pawarit Lertdhamtewe Dec 2012

Plant Variety Protection In Thailand: The Need For A New Coherent Framework, Pawarit Lertdhamtewe

Pawarit Lertdhamtewe

Thailand's plant protection regime, currently represented by the Plant Variety Protection Act (‘PVPA’), represents a sui generis plant protection system, which several developing nations use as a model to enact their plant protection laws. It is currently uncertain whether the PVPA serves the needs of all actors in agricultural management in Thailand; this uncertainty may dilute the benefits of Thailand's plant protection regime. In view of concerns regarding the adequacy of the legal framework for plant variety protection, this article argues that greater certainty must be provided to ensure the effective protection of plant varieties, the validity of national legislation …


Reinventing The Development Wheel Of The World Trading System (Reviewing Sonia E. Rolland, Development At The World Trade Organization (2012)), Sungjoon Cho Dec 2012

Reinventing The Development Wheel Of The World Trading System (Reviewing Sonia E. Rolland, Development At The World Trade Organization (2012)), Sungjoon Cho

Sungjoon Cho

No abstract provided.


International Trade And Economic Relations In A Nutshell, 5th Edition, Ralph Folsom, Michael Gordon, John Spanogle, Michael Van Alstine Nov 2012

International Trade And Economic Relations In A Nutshell, 5th Edition, Ralph Folsom, Michael Gordon, John Spanogle, Michael Van Alstine

Michael P. Van Alstine

This guide on international trade and investment examines the legal rules governing international trade. Initial chapters deal with the legal and practical environment for multinational enterprises (MNEs) engaged in international trade and investment. The work then analyzes the principal international institutions involved in international trade: the World Trade Organization (WTO) and International Monetary Fund (IMF); the essential rules governing the regulation of international trade, including in the General Agreement on Tariffs and Trade (GATT); the system for dispute resolution within the WTO under its Dispute Settlement Body (DSB); restrictions on, and other regulation of, imports, including tariff rates, customs classification …


30 Issues Discussion: Trade, Sonia Rolland Oct 2012

30 Issues Discussion: Trade, Sonia Rolland

Sonia Elise Rolland

No abstract provided.


Attorney-General Of Pakistan - A Brief Overview, Umair Ghori Oct 2012

Attorney-General Of Pakistan - A Brief Overview, Umair Ghori

Umair H. Ghori

The legal system of Pakistan represents a fusion of the Shariah law and common law systems. Traditionally, the Pakistani legal system adapted the pre-1947 colonial law for local use. Amendments to these colonial laws, in particular inspired by the Islamic traditions, have been interspersed in intervals. As a result, the Pakistan legal system retains fundamental common law doctrines (such as binding precedent and delegated legislation) while gradually integrating laws of Islamic origin within the existing common law framework. However, Pakistan's legal system is far from being a complete mirror of the English legal system. One such major distinction is that …


Global Textiles And Clothing Trade - Trade Policy Perspectives, Umair Ghori Feb 2012

Global Textiles And Clothing Trade - Trade Policy Perspectives, Umair Ghori

Umair H. Ghori

The author presents substantial case studies of the effect of the abolition of quotas on global trade in this sector. Concentrating mainly on China and Pakistan but also examining India, Indonesia, Vietnam, and seven other Asian T&C manufacturing countries, he contrasts post-abolition reality with pre-abolition predictions of the impact of abolishing quotas, and details the continuing distortion caused by tariffs, non-tariff barriers and through trade remedies such as safeguards and anti-dumping. All of the analysis is supported by the judicious use and interpretation of extensive statistics, compelling arguments, and interviews with entrepreneurs and trade officials in Pakistan (as a case …


The Wto Solution For Investor-State Disputes, Umair Ghori Dec 2011

The Wto Solution For Investor-State Disputes, Umair Ghori

Umair H. Ghori

Investment arbitration is in a constant state of flux. The latest instances of expropriation have triggered an academic debate revolving around the possibility of WTO law becoming directly applicable to investment treaties such as Bilateral Investment Treaties (BITs) or Free Trade Agreements (FTAs). This paper explores the nexus between host state obligations under BITs/FTAs on the one hand and the remedies available under the WTO Dispute Settlement Understanding (DSU) on the other hand. The paper argues that remedies available under WTO law are of limited scope and at the most would play only a supplementary role to investment arbitration. The …


Global Justice And International Economic Law: Opportunities And Prospects, Frank Garcia, Chios Carmody, John Linarelli Dec 2011

Global Justice And International Economic Law: Opportunities And Prospects, Frank Garcia, Chios Carmody, John Linarelli

Frank J. Garcia

No abstract provided.


Development At The Wto, Sonia Rolland Dec 2011

Development At The Wto, Sonia Rolland

Sonia Elise Rolland

This book presents original paths for reconsidering the trade and development relationship at the World Trade Organization taking into account both the heritage of the trade regime and present dynamics. It presents a detailed legal analysis of WTO law relating to development, considering both specific trade rules and institutional features of the WTO. These aspects will be most useful to delegates, practitioners, administrators and adjudicators involved with WTO law and policy. As a forward-looking matter, the book presents a menu of options towards a more functional balance of trade liberalization and the development imperatives of many WTO members. This includes …