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Full-Text Articles in Law
The Hierarchy That Wasn't There: Elevating ‘Usage’ To Its Rightful Position For Contracts Governed By The Cisg, William P. Johnson
The Hierarchy That Wasn't There: Elevating ‘Usage’ To Its Rightful Position For Contracts Governed By The Cisg, William P. Johnson
William P. Johnson
The term ‘usage’ generally refers to any practice that is habitual or customary within a given industry, trade or region. Under domestic U.S. sales law, the term ‘usage of trade’ is defined specifically to refer to any practice or method of dealing that has such regularity of observance as to justify an expectation that parties to a particular contract will observe the usage, even though the parties have not expressly incorporated the usage into their contract. Usage of trade can be used under domestic U.S. sales law to interpret, supplement or explain a written agreement. But usage of trade may …
Rising Together: Clarifying The International Environmental Marketing Claim Regulatory Landscape So That Developing Country Exporters May More Effectively Market Their Environmentally Responsible Products, Jeffrey J. Minneti
Jeffrey J Minneti
This article focuses attention on national and international state and non-state actor environmental marketing claim criteria setting bodies to assess whether and to what extent the actors consider developing country interests in their schemes. Finding that many firm-specific and industry-specific non-state actors fail to offer any consideration of developing country interests in their standardization and certification schemes, likely because they lack any legal obligation to do, the article suggestes two clarifications to the World Trade Organization’s Agreement on Technical Barriers to Trade (TBT), that will at least incentivize non-state actors to integrate developing country interests into their schemes. First, the …
Fragmentation And Coherence In International Law, Joel P. Trachtman
Fragmentation And Coherence In International Law, Joel P. Trachtman
Joel P Trachtman
With the increasing scope and density of international law, we will observe increasing instances of fragmentation. Fragmentation is not necessarily a problem, insofar as there may be no need for coordination among different legal regimes. But where it does raise issues of conflict, or presents opportunities for synergy, it is useful to inquire whether fragmentation might be managed in a way that would reduce inefficient conflict, or harvest synergies. The existing formal system for management, provided in the VCLT, is quite limited in its response, and the outcomes that it produces would not necessarily be substantively satisfactory. This article reviews …
Developing Countries And Intellectual Property Enforcement Measures: Improving Access To Medicines Through Wto Dispute Settlement, Melissa Blue Sky
Developing Countries And Intellectual Property Enforcement Measures: Improving Access To Medicines Through Wto Dispute Settlement, Melissa Blue Sky
Melissa Blue Sky
In 2008 and 2009 customs officials in the European Union, alleging patent infringement, detained and seized generic medicines in transit from India and Brazil. The two countries both requested consultations through the World Trade Organization’s Dispute Settlement Understanding (“DSU”) based on alleged violations of the Agreement on Trade-Related Aspects of International Property Rights (“TRIPS”) and other Agreements. These disputes are different from all prior—they are premised upon the claim that the EU violated the TRIPS agreement through use of its border measures that went beyond the TRIPS minimum standards, rather than claiming that the other country is not meeting those …
Legal Nature Of The Traded Units Under The Emissions Trading Systems And Its Implication To The Relationship Between Emissions Trading And The Wto, Wen-Chen Shih Dr
Legal Nature Of The Traded Units Under The Emissions Trading Systems And Its Implication To The Relationship Between Emissions Trading And The Wto, Wen-Chen Shih Dr
Wen-chen Shih Dr
With regard to the relationship between emissions trading and the WTO, most existing literature focuses on the emissions trading system under the Kyoto Protocol without analysing existing or forthcoming domestic or regional emissions trading systems. Furthermore, these analyses also did not differentiate between different types of emissions trading systems, in particular the possible different legal nature of various types of the ‘units’ that are being traded under different types of emissions trading system. Is this an over-simplified approach in terms of analysing the relationship between emissions trading and the WTO? This is the main research question of this article. By …
Abdullahi: A Lost Opportunity To Clarify Alien Tort Statute Jurisprudence For Corporations, Benjamin P. Harbuck
Abdullahi: A Lost Opportunity To Clarify Alien Tort Statute Jurisprudence For Corporations, Benjamin P. Harbuck
Benjamin P Harbuck
The Supreme Court recently denied certiorari from the Second Circuit’s Abdullahi v. Pfizer, Inc, an Alien Tort Statute (ATS) case concerning Pfizer’s nonconsensual medical testing of the antibiotic Trovan after a meningitis epidemic in Nigeria. The seminal Supreme Court ATS case of Sosa v. Alvarez-Machain, with its oft-quoted “vigilant doorkeeping” requirement, provided the basis for many of the arguments in Abdullahi. Yet the Second Circuit failed to act as a vigilant doorkeeper, extending ATS jurisdiction to situations that should not be considered to rise to the standard required by Sosa. This paper therefore advocates that the Supreme Court accept an …
Interpretation And Institutional Choice At The Wto, Joel P. Trachtman
Interpretation And Institutional Choice At The Wto, Joel P. Trachtman
Joel P Trachtman
This article develops a new framework of comparative institutional analysis for assessing the implications of judicial interpretation in the World Trade Organization (WTO). The analytical framework offers an improved means to describe and assess the consequences of choices made in treaty drafting and interpretation in terms of social welfare and participation in social decision-making. The analysis builds from specific examples from WTO case law. Our framework approaches treaty drafting and judicial interpretive choices through a comparative institutional lens — that is, in comparison with the implications of alternative drafting and interpretive choices for social welfare and participation in social decision-making …
Islamic Law And The Great Recession: Shariah-Compliance As A Sound Business Practice, Joseph Victor Schaeffer
Islamic Law And The Great Recession: Shariah-Compliance As A Sound Business Practice, Joseph Victor Schaeffer
Joseph Schaeffer
A discussion of the recent financial crisis, popularly termed the Great Recession, in terms of Islamic principles of finance. This paper suggests that strict adherence to Islamic principles would have mitigated much of the risk-taking that led to the collapse of the housing market and financial industry.
Can The Success Of Carbon Emission Cap-And-Trade Market Be Predicted Based On The Epa’S Acid Rain Program?, Parisa S. Smith
Can The Success Of Carbon Emission Cap-And-Trade Market Be Predicted Based On The Epa’S Acid Rain Program?, Parisa S. Smith
Parisa S smith
Can the Success of Carbon Emission Cap-and-Trade Market be Predicted Based on the EPA’s Acid Rain Program? This paper explores the carbon market policy solution to the global warming phenomenon. It analyses why the Acid Rain Program (ARP) cap-and-trade model implemented in the U.S., by itself, falls short in achieving similar results for carbon emission control objectives. Toward that end, a comparison is made to analyze why the carbon market differs greatly from the acid rain market on certain essential elements, and how these differences can explain the expected differing outcomes of implementing the cap-and-trade scheme within the two problem …