Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Trade Law (22)
- Dispute Resolution and Arbitration (8)
- Intellectual Property Law (8)
- International Law (6)
- Courts (4)
-
- Legal History (4)
- Comparative and Foreign Law (3)
- Human Rights Law (3)
- Banking and Finance Law (2)
- Health Law and Policy (2)
- Law and Economics (2)
- Agriculture Law (1)
- Communications Law (1)
- Computer Law (1)
- Constitutional Law (1)
- Consumer Protection Law (1)
- Contracts (1)
- Criminal Law (1)
- Food and Drug Law (1)
- International Humanitarian Law (1)
- Internet Law (1)
- Judges (1)
- Jurisprudence (1)
- Law and Politics (1)
- Law and Society (1)
- Legal Profession (1)
- Legislation (1)
- Litigation (1)
- Military, War, and Peace (1)
- Publication Year
- Publication
- Publication Type
Articles 1 - 23 of 23
Full-Text Articles in Law
Ftas' Contribution Towards A More Flexible Copyright Space: Possibilities And Limits, Maria Vasquez Callo-Muller
Ftas' Contribution Towards A More Flexible Copyright Space: Possibilities And Limits, Maria Vasquez Callo-Muller
American University International Law Review
Free Trade Agreements (FTAs) have often been considered instruments for heightened intellectual property rights protection, thereby in detriment of a more flexible copyright space. However, since the adoption of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, some FTAs have been incorporating a clause on the “Balance in Copyright and Related Rights Systems.” Among these, the Regional Comprehensive Economic Partnership Agreement and, more recently, the 2021 Australia-U.K. FTA contain such a clause. In addition, more discrete FTAs, such as the AustraliaPeru FTA, also incorporate similar provisions. This article considers what incorporating such clauses in FTAs means for the interpretation of …
Fail To Comment At Your Own Risk: Does Issue Exhaustion Have A Place In Judicial Review Of Rules?, Jeffrey Lubbers
Fail To Comment At Your Own Risk: Does Issue Exhaustion Have A Place In Judicial Review Of Rules?, Jeffrey Lubbers
Articles in Law Reviews & Other Academic Journals
The classic version of the exhaustion-of-remedies requirement generally requires a party to go through all the stages of an administrative adjudication before going to court. However, the doctrine has developed a new permutation, covering situations where a petitioner for judicial review did follow all the steps of the administrative appeals process, but had failed to raise in that process the issues now sought to be litigated in court. In those cases, which have been called “issue exhaustion” cases, the thwarted petitioner will likely be out of luck since normally there is no further opportunity to raise the issue at the …
Justifying India's Patent Position To The United States International Trade Commission And Office Of The United States Trade Representative, Sean Flynn, Srividhya Ragavan, Brook Baker
Justifying India's Patent Position To The United States International Trade Commission And Office Of The United States Trade Representative, Sean Flynn, Srividhya Ragavan, Brook Baker
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Issues Concerning Enforcement And Dispute Resolution, Sean Flynn
Issues Concerning Enforcement And Dispute Resolution, Sean Flynn
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The U.S. Proposal For An Intellectual Property Chapter In The Trans-Pacific Partnership Agreement, Sean Flynn, Brook Baker, Margot Kaminski, Jimmy Koo
The U.S. Proposal For An Intellectual Property Chapter In The Trans-Pacific Partnership Agreement, Sean Flynn, Brook Baker, Margot Kaminski, Jimmy Koo
Articles in Law Reviews & Other Academic Journals
This article takes advantage of the breach in the Trans-Pacific Partnership negotiation’s secrecy to contribute to a new and growing collection of published scholarship on leaked proposals for international intellectual property agreements as they are being negotiated. We begin with the general provisions of the agreement, which define its relationship to the multilateral system. We then progress to analysis of some of the most important copyright, patent and data protection, and enforcement sections of the proposal, before providing some concluding observations. Our ultimate conclusion is that the U.S. proposal, if adopted, would upset the current international framework balancing the interests …
Acta’S Constitutional Problem: The Treaty Is Not A Treaty, Sean Flynn
Acta’S Constitutional Problem: The Treaty Is Not A Treaty, Sean Flynn
Joint PIJIP/TLS Research Paper Series
The planned entry of the U.S. into the Anti-Counterfeiting Trade Agreement (ACTA) poses a unique Constitutional problem. The problem is that the President lacks constitutional authority to bind the U.S. to the agreement without congressional consent; but that lack of authority may not prevent the U.S. from being bound to the agreement under international law. If the administration succeeds in its plan, ACTA may be a binding international treaty (under international law) that is not a treaty (under U.S. Constitutional law).
Special 301 Of The Trade Act Of 1974 And Global Access To Medicine, Sean Flynn
Special 301 Of The Trade Act Of 1974 And Global Access To Medicine, Sean Flynn
Articles in Law Reviews & Other Academic Journals
Since its inception in 1988, the United States Trade Representative’s “Special 301” adjudication of foreign intellectual property law standards has been used to promote policies restricting access to affordable medications around the world. President-elect Obama released a platform promising to “break the stranglehold that a few big drug and insurance companies have on these life-saving drugs” and pledged support for “the rights of sovereign nations to access quality-assured, low-cost generic medication to meet their pressing public health needs.” The 2009 and 2010 Special 301 reports, however, indicate that the Obama Administration has not yet implemented this pledge into administration trade …
Special 301 And Access To Medicine In The Obama Administration, Sean Flynn
Special 301 And Access To Medicine In The Obama Administration, Sean Flynn
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Impact Of The Financial Crisis On Trade And Investment, Padideh Ala'i
The Impact Of The Financial Crisis On Trade And Investment, Padideh Ala'i
Articles in Law Reviews & Other Academic Journals
No abstract provided.
From The Periphery To The Center? The Evolving Wto Jurisprudence On Transparency And Good Governance, Padideh Ala'i
From The Periphery To The Center? The Evolving Wto Jurisprudence On Transparency And Good Governance, Padideh Ala'i
Articles in Law Reviews & Other Academic Journals
The rise of the regulatory state in the latter half of the 20th century is reflected in the text of the World Trade Organization (WTO) Agreements and specifically its transparency related obligations. The oldest transparency and good governance obligation of the WTO is Article X of General Agreement on Tariffs and Trade (GATT). Article X imposes broad publication and due process requirements on the administration of measures in the area of trade in goods. The language of Article X is duplicated or incorporated by reference throughout the WTO Agreements. During the GATT years (1947-94), Article X was a silent provision …
Empirically Evaluating Claims About Investment Treaty Arbitration, Susan Franck
Empirically Evaluating Claims About Investment Treaty Arbitration, Susan Franck
Articles in Law Reviews & Other Academic Journals
With the blossoming of empirical legal scholarship, there is an increased appreciation for the insights it offers issues of international importance. One area that can benefit from such inquiry is the resolution of disputes from investment treaties, which affects international relations, implicates international legality of domestic government conduct, and puts millions of taxpayer dollars at risk. While suggesting there has been a "litigation explosion", commentators make untested assertions about investment treaty disputes. Little empirical work transparently explores this area, however. As the first research that explains its methodology and results, this article is a modest attempt to evaluate claims about …
Integrating Investment Treaty Conflict And Dispute Systems Design, Susan Franck
Integrating Investment Treaty Conflict And Dispute Systems Design, Susan Franck
Articles in Law Reviews & Other Academic Journals
With the debate on the renewal of the Trade Promotion Authority Act, the proper terms of investment treaties - including dispute resolution provisions - have become an issue of public scrutiny. In a so-called litigation explosion, investors resolve disputes against host governments through international arbitration mechanisms in investment treaties; and there is little evidence of reliance on other processes like mediation. This escalation has lead to a teething period where parties and non-parties have expressed divergent views as to the efficacy, efficiency and fairness of the dispute resolution process. With billions of dollars and sovereignty at stake, the dispute resolution …
International Trade Decisions Of The Federal Circuit: 2006 Cases And Highlights Of 2003-2005, Alexandra E.P. Baj
International Trade Decisions Of The Federal Circuit: 2006 Cases And Highlights Of 2003-2005, Alexandra E.P. Baj
American University Law Review
Over the past four years, the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) has, as it has done since its establishment in 1982, exercised its jurisdiction under 28 U.S.C. § 1295(a)(5) to review decisions of the United States Court of International Trade (“CIT”) regarding U.S. regulation of international trade. While trade cases currently make up only about six percent of the docket of the Federal Circuit, decisions in these cases can have a significant discernable impact on the day-to-day investigation and regulation of trade matters of the three U.S. agencies featured most prominently in the trade …
Foreign Direct Investment, Investment Treaty Arbitration, And The Rule Of Law, Susan Franck
Foreign Direct Investment, Investment Treaty Arbitration, And The Rule Of Law, Susan Franck
Articles in Law Reviews & Other Academic Journals
In the last decade, there has been a surge in the number of multi-lateral and bilateral investment treaties governments have signed; meanwhile there have been dramatic increases in the amount of foreign direct investment (FDI); and, more recently, the number of claims brought under investment treaties has spiked. This Article examines the relationship amongst these factors and is the first to review the emerging empirical economic literature investigating whether investment treaties achieve their goal of promoting FDI. The Article then specifically evaluates the impact that the procedural right to arbitrate investment claims plays in the process of promoting FDI and …
Trade As Guarantor Of Peace, Liberty And Security? The Role Of Peace In The Bretton Woods Institutions, Padideh Ala'i
Trade As Guarantor Of Peace, Liberty And Security? The Role Of Peace In The Bretton Woods Institutions, Padideh Ala'i
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Microcredit: Fulfilling Or Belying The Universalist Morality Of Globalizing Markets, Kenneth Anderson
Microcredit: Fulfilling Or Belying The Universalist Morality Of Globalizing Markets, Kenneth Anderson
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Inter-American System, Claudia Martin
Inter-American System, Claudia Martin
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Legacy Of Geographical Morality And Colonialism: A Historical Assessment Of The Current Crusade Against Corruption, Padideh Ala'i
The Legacy Of Geographical Morality And Colonialism: A Historical Assessment Of The Current Crusade Against Corruption, Padideh Ala'i
Articles in Law Reviews & Other Academic Journals
This Article examines the legacy of the rule of geographical morality - that is the norm by which a citizen of the country in the North may engage in acts of corruption in any country in the South, including bribery and extortion, without the attachment of any moral condemnation to those acts. Part I of the Article begins by reviewing the impeachment trial of Warren Hastings, who served as Governor General of the Bengal from 1772-1785, on charges of bribery and corruption. It was during that impeachment proceeding when the words "principles of geographical morality" were used by, the prosectuor, …
The Evolution Of Free Trade In The Americas: Nafta Case Studies, Claudio Grossman
The Evolution Of Free Trade In The Americas: Nafta Case Studies, Claudio Grossman
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Sovereignty And Regionalism, Horacio A. Grigera Naón
Sovereignty And Regionalism, Horacio A. Grigera Naón
Articles in Law Reviews & Other Academic Journals
No abstract provided.
A Puzzle Even The Codebreakers Have Trouble Solving: A Clash Of Interests Over The Electronic Encryption Standard, Sean Flynn
Articles in Law Reviews & Other Academic Journals
No abstract provided.
1993 Federal Circuit Decisions In The Shadow Of The Uruguay Round, Gracia M. Berg, Peter Lichtenbaum
1993 Federal Circuit Decisions In The Shadow Of The Uruguay Round, Gracia M. Berg, Peter Lichtenbaum
American University Law Review
No abstract provided.
Enforcement Of Arbitral Awards Issued By The Additional Facility Of The International Centre Of Settlement Of Investment Disputes (Icsid), Diane Orentlicher
Enforcement Of Arbitral Awards Issued By The Additional Facility Of The International Centre Of Settlement Of Investment Disputes (Icsid), Diane Orentlicher
Articles in Law Reviews & Other Academic Journals
No abstract provided.