Law | Open Access Articles | Digital Commons Network™

The Lisbon Agreement’S Misunderstood Potential, Daniel J. Gervais

Daniel J Gervais

This article focuses on the similarities and differences between the proposed TRIPS register of geographical indications for wines (and now spirits) and its relationship with the 1958 Lisbon Agreement on the Protection and Registration of Appellations or Origin. I examine the definitional differences between the two instruments top determine their commensurability. My suggestion is that the Lisbon register should be considered as a possible basis to establish the TRIPS register, with or without an extension to products other than wines and spirits. The differences between the two and deficiencies could be handled appropriately by adopting a protocol to the Lisbon …

Go to article

Biofuels, Subsidies, And Dispute Settlement In The Wto, Bryant Walker Smith

Bryant Walker Smith

The first WTO panels to tackle a biofuels dispute under the Agreement on Subsidies and Countervailing Measures will navigate a murky sea of conflict, gridlock, and uncertainty that the subsidies agreement did not contemplate and that the failed Doha round did not resolve. This article charts these waters. It identifies both the values that the panels will confront and the interpretive tools that they will wield. It further argues that dispute settlement may become the primary driver of an otherwise stagnant regime, and it sketches three competing visions for protecting the “legally binding security of expectations” that underscores that regime.

Go to article

Buying Commercial Law: Choice Of Forum, Choice Of Law, And Network Effect, Bryan H. Druzin

Bryan H. Druzin

This paper applies network effect theory to transnational commercial law, arguing that commercial parties selecting law through choice of law and choice of forum clauses can be likened to consumers selecting a product, and thus equally susceptible to the effects of network externalities. The number of “consumers” who subscribe to the same legal norms is analogous to the number of consumers who use a product. As the number of “consumers” increases, so too does the inherent value of selecting that jurisdiction, inducing even more parties to “purchase” that body of law. This is a network effect. I argue that transnational …

Go to article

Fitting Punishment, Juliet P. Stumpf

Juliet P Stumpf

Proportionality is conspicuously absent from the legal framework for immigration sanctions. Immigration law relies on one sanction – deportation – as the ubiquitous penalty for any immigration violation. Neither the gravity of the violation nor the harm that results bears on whether deportation is the consequence for an immigration violation. Immigration law stands alone in the legal landscape in this respect. Criminal punishment incorporates proportionality when imposing sentences that are graduated based on the gravity of the offense; contract and tort law provide for damages that are graduated based on the harm to others or to society. This Article represents …

Go to article

Building The Momentum For The Ilo’S Maritime Labour Convention, 2006, Cleopatra Doumbia-Henry

Cleopatra Doumbia-Henry

No abstract provided.

Go to article

Law Commons^™

Full-Text Articles in Law

The Lisbon Agreement’S Misunderstood Potential, Daniel J. Gervais

Daniel J Gervais

Biofuels, Subsidies, And Dispute Settlement In The Wto, Bryant Walker Smith

Bryant Walker Smith

Buying Commercial Law: Choice Of Forum, Choice Of Law, And Network Effect, Bryan H. Druzin

Bryan H. Druzin

Fitting Punishment, Juliet P. Stumpf

Juliet P Stumpf

Building The Momentum For The Ilo’S Maritime Labour Convention, 2006, Cleopatra Doumbia-Henry

Cleopatra Doumbia-Henry