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Articles 31 - 60 of 60
Full-Text Articles in Law
Museum Strategies: Leasing Antiquities, Silvia Beltrametti
Museum Strategies: Leasing Antiquities, Silvia Beltrametti
Silvia Beltrametti
This is the first attempt to study leasing in the context of the international trade in cultural artifacts. This article advances a heated debate in the field of cultural heritage law, which centers on whether cultural artifacts of ancient civilizations should belong to the modern nation states from which they are excavated or to humankind in general, by proposing an alternative analytic framework based on leasing, which would make it possible for objects to circulate but at the same time stay under the ownership and jurisdiction of their respective source countries.
Raising Cane: Sugar Sugarcane Ethanol’S Economic And Environmental Effects On The United States, Jonathan M. Specht
Raising Cane: Sugar Sugarcane Ethanol’S Economic And Environmental Effects On The United States, Jonathan M. Specht
Jonathan M Specht
In the coming decades the United States will need to change its energy policy to face two enormous challenges: adjusting to peak oil (declining petroleum production output), and halting the advance of climate change. Liquid biofuels — made from renewable, biologically-based sources of energy, rather than finite and climate change-inducing fossil fuels — will be an important component of any strategy to deal with the twin challenges of peak oil and climate change. While the United States has encouraged the production of biofuels in recent decades, the domestic ethanol industry, which is almost entirely corn-based, has a number of major …
Raising Cane: Cuban Sugarcane Ethanol’S Economic And Environmental Effects On The United States, Jonathan M. Specht
Raising Cane: Cuban Sugarcane Ethanol’S Economic And Environmental Effects On The United States, Jonathan M. Specht
Jonathan M Specht
In the coming decades the United States will need to change its energy policy to face two enormous challenges: adjusting to peak oil (declining petroleum production output), and halting the advance of climate change. Liquid biofuels — made from renewable, biologically-based sources of energy, rather than finite and climate change-inducing fossil fuels — will be an important component of any strategy to deal with the twin challenges of peak oil and climate change. While the United States has encouraged the production of biofuels in recent decades, the domestic ethanol industry, which is almost entirely corn-based, has a number of major …
Raising Cane: Sugar Sugarcane Ethanol’S Economic And Environmental Effects On The United States, Jonathan M. Specht
Raising Cane: Sugar Sugarcane Ethanol’S Economic And Environmental Effects On The United States, Jonathan M. Specht
Jonathan M Specht
In the coming decades the United States will need to change its energy policy to face two enormous challenges: adjusting to peak oil (declining petroleum production output), and halting the advance of climate change. Liquid biofuels — made from renewable, biologically-based sources of energy, rather than finite and climate change-inducing fossil fuels — will be an important component of any strategy to deal with the twin challenges of peak oil and climate change. While the United States has encouraged the production of biofuels in recent decades, the domestic ethanol industry, which is almost entirely corn-based, has a number of major …
How General Should The Gatt General Exceptions Be? A Critique Of The Interpretation Approach In China – Raw Materials, Wenwei Guan
How General Should The Gatt General Exceptions Be? A Critique Of The Interpretation Approach In China – Raw Materials, Wenwei Guan
Wenwei Guan
The paper offers a critical examination of the “common intention” approach of treaty interpretation in applying general exceptions to China’s commitments under its Accession Protocol in recent cases. The paper suggests that both the Panel and Appellate Body have misled due to confusion developed in previous discussions of China’s trading right commitment, and erred in their interpretation of the Accession Protocol as “an integral part of the WTO Agreement” and their understanding of the nature of contingency measures. Moreover, the judicial activist “common intention” approach further reveals an “origin-seeking retrospective” mechanism that locates “common intentions” statically at the founding moment …
The Impact Of Economic Integration N Drug Trafficking Between Turkey And Iran, Ekici Behsat, Unlu Ali
The Impact Of Economic Integration N Drug Trafficking Between Turkey And Iran, Ekici Behsat, Unlu Ali
Ekici Behsat
Turkish foreign trade and security policy has been undergoing profound transformations over the past decade. One of the major changes has been observed in Turkey`s bilateral relations with Iran. Ankara and Tehran sought political entente and economic integration through various energy and trade agreements. In 2007, the governments of Turkey and Iran signed a Memorandum of Understanding on energy and trade. At the subsequent press speeches the state leaders promised to boost bilateral trade, eliminate barriers and encourage free movement of people. The agreement indicated that Ankara and Tehran began to experience a new era of entente after decades of …
Effects Of Globalization On The Theory Of International Law, Marcelo Dias Varella
Effects Of Globalization On The Theory Of International Law, Marcelo Dias Varella
Marcelo D. Varella
International legal theory is an object that is intensely reshaped and rebuilt, largely due to globalization processes. The way that actors create, implement and control international law is far more prevalent today than it used to be thirty years ago. There is an intensification of the transnational legal process. The dichotomy between national and international law is much less clear. The primary actor continues to involve States, but there is a multiplication and densification of the role of sub-state and non-state actors. A dynamic process prevails over the static one; there is a continuous transformation of international law, by both …
Intellectual Property And Agriculture: The Brazilian Case On Soybeans And Monsanto, Marcelo D. Varella
Intellectual Property And Agriculture: The Brazilian Case On Soybeans And Monsanto, Marcelo D. Varella
Marcelo D. Varella
This article analyzes different strategies of an agricultural company (Monsanto) to enforce intellectual property rights on soybeans in Brazil, during the last ten years. A court decision in April 2011 condemned Monsanto to pay up to 7.5 billion dollars in compensations. This is probably one of the most important cases on discussion on IPR and Agriculture today. On the one hand, there is complex company strategy to create intellectual property rights through patents, plant variety protections, import market controls, and thousands of agreements and extensions of those rights through different lawsuits. The strategy was complemented by the acquisition of major …
The Taxonomy Of Global Securities: Is The U. S. Definition Of A Security Too Broad?, Frederick H. C. Mazando
The Taxonomy Of Global Securities: Is The U. S. Definition Of A Security Too Broad?, Frederick H. C. Mazando
Frederick H. C. Mazando
This Article compares the scope of the notoriously broad U.S. federal securities laws definitions of a “security” with its counterparts in four major global financial jurisdictions to illustrate the nature and extent of the disparate global securities definitions that profoundly shape international financial rules and potential areas of harmonizing global securities definitions. The global trade in securities developed and grew exponentially in the last three decades without a securities treaty or effective global securities rules largely because there is no global consensus on what securities are or how best to regulate them. The disparate global securities definitions are sine qua …
Why Rich Nations Fail: Explaining Dutch Economic Decline In The 18th Century, Edwin D. Way
Why Rich Nations Fail: Explaining Dutch Economic Decline In The 18th Century, Edwin D. Way
Edwin D Way
Why do rich nations fail? At a time in which wealthy nations such as the United States, Japan, and much of Western Europe are experiencing unprecedented economic difficulties, this article argues that the 18th century experience of the Dutch Republic can provide important insights. The Dutch economy was by far the world's wealthiest and most technologically advanced as late as 1700, but subsequently experienced more than a century of economic decline as manifest in mass unemployment, rising inequality, an absolute decline in the median standard of living and a loss of technological leadership. The proximate cause of this decline was …
The Role Of The Wto In The Fight Against Transnational Bribery, Aitor Ortiz
The Role Of The Wto In The Fight Against Transnational Bribery, Aitor Ortiz
Aitor Ortiz
No abstract provided.
Export Control Reform: A Law And Economics Perspective, Jared P. Hollett
Export Control Reform: A Law And Economics Perspective, Jared P. Hollett
Jared P Hollett
This note addresses current developments in the administration’s ongoing Export Reform Initiative. This initiative promises to revamp the way the United States controls exports –including weapons and other potentially dangerous items. Proposed rules from the departments of State and Commerce and broken down into seven components and analyzed under a law and economics approach to optimal rule precision. This note finds that the majority of the proposed export reforms are positive, two are questionable and deserve scrutiny from lawmakers, and one component is contrary to the objectives considered in this analysis.
Consumer Finance And Financial Repression In China, Evan B. Oxhorn
Consumer Finance And Financial Repression In China, Evan B. Oxhorn
Evan B Oxhorn
China is rapidly becoming the world’s largest consumer market. As the number of middle-class Chinese consumers has grown, so too has the size of China’s consumer finance system. To date, there has been little scholarship on consumer finance in China. This short Article takes a first step at filling this gap in the literature. It argues that China’s consumer finance system is fundamentally a tool of the state, which uses “financial repression” of Chinese consumers to acquire capital through shadow taxation. This political-legal system allows reallocation of consumers’ capital for political purposes and underwrites China’s rapid growth. But cheap consumer …
The Icsid Under Siege, Leon E. Trakman Professor
The Icsid Under Siege, Leon E. Trakman Professor
Leon E Trakman Dean
Intense debate rages over the transparency and efficiency of investor-state arbitration. In contention is whether national courts should displace investment arbitration administered by the International Center for Investment Arbitration (ICSID). How this debate is resolved will significantly impact on the United States, its public interests and its investors. This manuscript scrutinizes this debate and recommends how to resolve it.
Carbon Taxes And The Wto – A Carbon Charge Without Trade Concerns?, Keith A. Kendall
Carbon Taxes And The Wto – A Carbon Charge Without Trade Concerns?, Keith A. Kendall
Keith A Kendall
The environmental impact of carbon emissions has received a significant amount of attention over recent years. As well as the environmental dimension, pollution has an inherent economic component. While most economists tend to favor a carbon tax as the preferred method to regulate carbon emissions, the legal literature, though, has not dedicated much attention to the alternatives available in this area. A loss of international competitiveness, though, is associated with any unilateral action that is designed to reduce carbon emissions, which is best resolved with a border tax adjustment (BTA). This paper canvasses the arguments in favor of a carbon …
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 …
China’S Gigantic Appetite For Natural Resources Spurs Multilateral Concerns, Yuliya Kostelova
China’S Gigantic Appetite For Natural Resources Spurs Multilateral Concerns, Yuliya Kostelova
Yuliya Kostelova
China is the second largest economy in the world today. Its economic growth is unbridled and expansion is rampant. A rapidly growing communistic state with an attempt for capitalistic market is alarming in the international economic community. China’s insatiable oil appetite creates various concerns among major sovereign partners. Notwithstanding, China is fully committed to its economic development in the future regardless of widely expressed multilateral concerns.
“Cultural Treatment” And “Most-Favoured-Culture” Principles To Promote Trade Related Cultural Diversity, Christophe Roy Germann
“Cultural Treatment” And “Most-Favoured-Culture” Principles To Promote Trade Related Cultural Diversity, Christophe Roy Germann
Christophe Roy Germann
The Convention on the Protection and Promotion of the Diversity of Cultural Expressions approved by the General Conference of the United Nations Educational, Scientific and Cultural Organisation (UNESCO) on 20 October 2005 entered into force on 18 March 2007. This paper focuses on the policy goal of “cultural diversity” for “international trade related cultural goods and services”, and on strategies and means to achieve this goal for countries that cannot afford substantial subsidies for these purposes. It proposes to explore and discuss an innovative legal approach beyond the new UNESCO Convention on cultural diversity in order to materialize cultural diversity …
"Legal Traditions" And International Commercial Arbitration, Leon E. Trakman
"Legal Traditions" And International Commercial Arbitration, Leon E. Trakman
Leon E Trakman Dean
“LEGAL TRADITIONS” AND INTERNATIONAL COMMERCIAL ARBITRATION The Common and Civil Law systems have guided the enactment of major codes, laws and guidelines that regulate international commercial arbitration. From the doctrine of freedom of contract to the procedural rules governing arbitration hearings, international arbitration has built its legal culture around these two traditions. Recent concerns expressed by luminaries like William Slate, President of the American Arbitration Association, challenge the pervasive influence of these traditions over international commercial arbitration. Is the American tradition of law practice too litigious to serve as a viable model for international commercial arbitration? Is arbitration unduly preoccupied …
"Legal Traditions" And International Commercial Arbitration, Leon E. Trakman
"Legal Traditions" And International Commercial Arbitration, Leon E. Trakman
Leon E Trakman Dean
The Common and Civil Law traditions underpin international commercial arbitration. From the doctrine of freedom of contract to the procedures governing arbitral hearings, international arbitration has built its legal culture around these two great traditions. Recent concerns expressed by luminaries like William Slate, President of the American Arbitration Association, challenge the pervasive influence of these legal traditions over modern arbitration. Is the practice of law in the United States too litigious to serve as a viable model for international commercial arbitration? Is the culture of international arbitration unduly steeped in the Common and Civil Law at the expense of other …
At&T V. Microsoft – A Violation Of American Patent Law Principles And World Trade Organization Commitments, Robert E. Counihan
At&T V. Microsoft – A Violation Of American Patent Law Principles And World Trade Organization Commitments, Robert E. Counihan
Robert E Counihan
In AT&T v. Microsoft, the Federal Circuit created disincentives to trade that constitute quantitative restrictions against the exportation of software from the United States. The statute in question, 35 U.S.C. §271(f), creates patent infringement liability for the exportation of components of patented inventions. When the Federal Circuit applied §271(f) to software in AT&T, a special rule was created. This rule denies software manufacturers the loopholes that are available in other industries that allow alternative, non-infringing forms to be exported. These loopholes allow other industries to compete with foreign manufacturers. The elimination of any loophole causes a disincentive to trade amongst …
The Fair Track To Expanded Free Trade: Making Taa Benefits More Accessible To American Workers, William J. Mateikis
The Fair Track To Expanded Free Trade: Making Taa Benefits More Accessible To American Workers, William J. Mateikis
William J. Mateikis
If Congress again wants to use the TAA program in a bargain for Fast Track authority … then DOL must fix its broken certification process and Congress should amend the TAA Act to reduce worker resistance to expanded free trade. The topic is quite timely given the expiration of fast track (trade promotion) authority on June 30, 2007 and reauthorization of the TAA program due October 1, 2007. The paper has five parts. Following the Introduction, Part II of the paper outlines the politics of U.S. trade liberalization since the mid-1930s and shows that, at times over the past three …