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Full-Text Articles in Law
Reexamining Eli Lilly V. Canada: A Human Rights Approach To Investor-State Disputes, Cynthia M. Ho
Reexamining Eli Lilly V. Canada: A Human Rights Approach To Investor-State Disputes, Cynthia M. Ho
Vanderbilt Journal of Entertainment & Technology Law
This Article provides valuable insight to the broader discussion of reforming investor-state disputes. Many have noted that the system is in a crisis due to a lack of democratic accountability and inconsistent decisions, which create a chilling effect on legitimate domestic law and policy. Despite substantial discussion in recent years concerning how to reform investor-state disputes, there is only limited discussion concerning the extent to which such disputes challenge domestic intellectual property (IP) limits, as well as global IP norms. Moreover, even among those who recognize the challenge to IP limits, the relevance of human rights is generally not addressed. …
Investor-State Arbitration And Human Rights, Timothy J. Feighery
Investor-State Arbitration And Human Rights, Timothy J. Feighery
Vanderbilt Journal of Entertainment & Technology Law
After decades of growth and popularity, the international investor-state dispute settlement (ISDS) regime has come under intense criticism recently-particularly concerning the perceived chilling effect the regime imposes on states' ability to regulate in the public interest. This Article seeks to contextualize this criticism by examining the historical antecedent of ISDS in international law: the law of diplomatic protection. It proceeds to focus on the flexibility of ISDS as a critical advance over diplomatic protection, and shows how ISDS has evolved over time-particularly as developed states have moved from approaching the regime from a predominantly investment-exporting perspective to a more balanced …
Socially Responsible Corporate Ip, J. Janewa Oseitutu
Socially Responsible Corporate Ip, J. Janewa Oseitutu
Vanderbilt Journal of Entertainment & Technology Law
Many companies practice corporate social responsibility (CSR) as part of their branding and public relations efforts. As part of their CSR strategies, some companies adopt voluntary codes of conduct in an effort to respect human rights. This Article contemplates the application of CSR principles to trade-related intellectual property (IP). In theory, patent and copyright laws promote progress and innovation, which is why IP rights are beneficial for both IP owners and for the public. Trademark rights encourage businesses to maintain certain standards and allow consumers to make more efficient choices. Though IP rights are often discussed in relation to the …