Law Commons^™

Law Of Trade In Human Rights: A Legal Analysis Of The Intersection Of The General Trade Agreement Of Tariff’S Article Xx(B) And Labor Rights Of Children., Paul Cook

Paul Cook

China's child labor is on the rise with its 8% annual economic growth. Children are valued for their labor for several reasons: their cheaper price, their ignorance of their legal rights, their dexterous hands, and good eye sight. The use of juvenile labor is most prevalent in the following industries: toy production, textiles, construction, food production, and light mechanical work. Underage laborers are particularly vulnerable to job related hazards resulting in injury and death, and this is because they tend to be less aware of workplace hazards than do adult workers. Children begin work as early as twelve years old …

Africa Must Walk Before She Runs: The Case For Agricultural Stability In Sub-Saharan Africa In Advance Of A Global Trade Initiative, Michael Palollo Lehloenya Lld

Michael Palollo Lehloenya

No abstract provided.

The (Too) Long Arm Of The S.E.C.: When A Foreign Employee Of A U.S.-Based Multinational Financial Services Client Is Threatened With A Subpoena, Jonathan R. Law

Jonathan R Law

As businesses and financial institutions engage in transactions with increasingly international scope, U.S. regulatory agencies follow closely behind, investigating potential violations of the securities and exchange laws. Of all the investigative powers of the Securities and Exchange Commission, one of the more feared is the ability to issue administrative subpoenas and have them enforced by a Federal court. What is troubling, however, is the SEC’s recent foray into investigating possible misconduct across U.S. borders through subpoenaing foreign employees conducting business overseas. This article argues that in certain circumstances, the SEC does not have the authority to issue or enforce an …

The Impact Of Economic Integration N Drug Trafficking Between Turkey And Iran, Behsat Ekici, Ali Unlu

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 …

Charging Less To Make More: The Causes And Effects Of The Corporate Inversion Trend In The U.S. And The Implications Of Lowering The Corporate Tax Rate, Tyler Dumler

Tyler M. Dumler

This article explores the effect lowering the corporate tax rate would have on U.S. multinational corporations (MNCs). Instead of creating patchwork legislation, such as section 7874 to the Internal Revenue Code, this article advocates adopting changes to the underlying problems which give MNCs incentives to expatriate. By attacking the underlying problems of corporate tax legislation, this article concludes that lowering the corporate tax rate is the long-term solution for the U.S. government to address MNC tax avoidance.

The Container Security Initiative: A Layered Security Strategy For Securing Containerized Cargo, Tyler M. Dumler

Tyler M. Dumler

This article breaks down the various security measures implemented by the Department of Homeland Security when dealing with international trade through containerized cargo. The Container Security Initiative, Customs-Trade Partnership Against Terrorism, "24-Hour Rule," International Ship and Port Facility Security Code, and Secure Freight Initiative are all thoroughly explained and analyzed. This article is of great importance as the July 2012 deadline for 100% scanning approaches. This deadline will not be met. This article explains why 100% scanning will not be achieved, and discusses how the U.S. should proceed with balancing international trade and security moving forward.

Los Acuerdos De Libre Comercio Norte-Sur Desde La Perspectiva Del Análisis Económico Del Derecho De Los Contratos, Iván A. Rojas V, José Manuel Alvarez

Iván Rojas V

Patent Chokepoints In The Influenza-Related Medicines Industry: Can Patent Pools Provide Balanced Access?, Dana Beldiman

Dana Beldiman

This paper illustrates the fact that when biological materials are used for development of pharmaceuticals, the patent system may function sub-optimally and may give rise to patent “thickets” and “anti-commons” which prevent commercialization of adequate amounts of product. These circumstances include inventions based on the same biological resource, patenting of largely similar functionalities, gene patents and patents that are narrow and fragmented. As a result, in order to obtain freedom to operate, drug developers must license-in multiple patents, often from competitors. This situation gives rise to uncertainty and is prone to hold-outs. The number of players actually developing drugs is …

Deconstructing International Distributive Justice: Fairness As Insurance, Ilan Benshalom

Ilan Benshalom

A common perception among international relations policymakers and theorists is that states’ primarily self-serving motivations inhibit their participation in promoting international distributive-fairness considerations. This Article asserts that this notion is significantly incomplete and misleading; it results in deficient theories and, more importantly, in sub-optimal international arrangements. The deficiency of current approaches is that they view distributive fairness as only performing a normative wealth redistribution function and fail to recognize its practical insurance function. In a very crude way, “distributive fairness” means that countries should pay for the provision of international public goods (e.g., controlling global warming by reducing emissions) according …

Developing A Normative Critique Of International Trade Law, Frank Garcia

Frank J. Garcia

No abstract provided.

Note: Guiding The Modern Lawyer Through A Global Economy: An Analysis On Outsourcing And The Aba's 2012 Proposed Changes To The Model Rules, Patrick Poole

Patrick Poole

Over the last few decades, the dramatic changes that have occurred in the global economy have similarly altered the landscape for outsourced work both domestically and internationally. One study estimates that as many as 3.3 million white-collar jobs could be shipped abroad by 2015. This growing trend has also substantially affected the unique nature of the legal field. For the past year and a half, the American Bar Association (ABA) Ethics 20/20 Commission has been considering changes to the Model Rules of Professional Conduct as they relate to domestic and international outsourcing. The revision process has included soliciting input from …

Beyond Labor Rights: Which Core Human Rights Must Regional Trade Agreements Protect?, Stephen Joseph Powell, Trisha Low

Stephen Joseph Powell

As WTO Members relentlessly pursue new regional trade agreements to achieve even faster economic growth than the extraordinary numbers posted by global trade rules, the smaller number of parties and their greater cultural affinity have led negotiators to address the intersection of trade with human rights to an extent unparalleled in the culturally disparate and near-unmanageable 150-plus member WTO itself. These new provisions have used trade’s huge power to improve worker rights, secure environmental protections, and make initial inroads toward defending indigenous populations from trade’s adverse effects. Employing the perspectives both of trade negotiators and students of this halting progress …

Beyond Rationality: A Sociological Construction Of The World Trade Organization, Sungjoon Cho

Sungjoon Cho

China's Engagement With Latin America: Partnership Or Plunder?, Carmen G. Gonzalez

Carmen G. Gonzalez

The emergence of China as a significant economic force in Latin America has sparked both optimism and alarm. With titles such as 'The Coming China Wars' and 'The Dragon in the Backyard,' recent books and articles depict China as a rising imperial power scouring the globe for natural resources and as a competitive threat to Latin America. Other studies applaud China’s pragmatic, unorthodox development strategies and portray China as a successful model for developing countries. The competing narratives about China’s rise do agree on one thing: China has become a formidable force in the developing world whose influence merits careful …

The Global Food System, Environmental Protection, And Human Rights, Carmen G. Gonzalez

Carmen G. Gonzalez

The global food system is exceeding ecological limits while failing to meet the nutritional needs of a large segment of the world’s population. While law could play an important role in facilitating the transition to a more just and ecologically sustainable food system, the current legal framework fails to regulate food and agriculture in an integrated manner. The international legal framework governing food and agriculture is fragmented into three self-contained regimes that have historically operated in isolation from one another: international human rights law, international environmental law, and international trade law. International trade law has taken precedence over human rights …

Organismos Genéticamente Modificados (Ogm) Y Justicia: Implicaciones De La Biotecnología Para La Justicia Ambiental Internacional, Carmen G. Gonzalez

Carmen G. Gonzalez

En septiembre del 2006, un panel de resolución de controversias de la Organizacón Mundial del Comercio (OMC) emitió su fallo a favor de los Estados Unidos en la disputa entre EE.UU y la Unión Europea sobre los organismos genéticamente modificados (OGM). El fallo se basó en limitadas determinaciones procedimentales, y no abordó el tema de la seguridad de los OGM, el derecho de los países de reglamentar los productos genéticamente modificados más rigurosamente que sus equivalentes convencionales, ni la coherencia de la legislacion europea con las obligaciones del OMC. El continuo conflicto entre los Estados Unidos y la Unión Europea …