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Articles 1 - 30 of 38
Full-Text Articles in Law
Nations And Markets, Harlan G. Cohen
Nations And Markets, Harlan G. Cohen
Scholarly Works
Economics and security seem increasingly intertwined. Citing national security, states subject foreign investments to new scrutiny, even unwinding mergers like the purchase of Grindr or the creation of TikTok. The provision of 5G has become a diplomatic battleground – Huawei at its center. Meanwhile, states invoke national security to excuse trade wars. The U.S. invoked the GATT national security exception to impose steel and aluminum tariffs, threatening more on automotive parts. Russia invoked that provision to justify its blockade of Ukraine, as did Saudi Arabia and the UAE to excuse theirs of Qatar. And with the spread of COVID-19, states …
...And Trade, Harlan G. Cohen
...And Trade, Harlan G. Cohen
Scholarly Works
This short essay, part of a symposium on Gregory Shaffer’s Retooling Trade Agreements for Social Inclusion, argues that the normal science of trade law lacks the tools to confront trade law’s greatest current challenges. Instead, breaking out of trade law’s two-step politics, with its division of “growing the pie” and distributing its slices, and responding to new challenges of climate change, the digital economy, and artificial intelligence will require a new politics built on and designed to build new shared narratives embodying new policy paradigms.
What Is International Trade Law For?, Harlan G. Cohen
What Is International Trade Law For?, Harlan G. Cohen
Scholarly Works
Events of the past few years, including the Brexit vote in the United Kingdom and the demise of the Trans-Pacific Partnership and election of Donald Trump as President in the United States, have reignited debates about the global trade regime. In particular, many have begun to question whether the trade regime has done enough for those who feel left behind by globalization. While some have held fast to the view that redistribution of trade’s gains is primarily a matter of domestic policy, others have suggested tweaks to the international trade agreements aimed at better spreading the wealth.
But what if …
Fragmentation, Harlan G. Cohen
Fragmentation, Harlan G. Cohen
Scholarly Works
A danger, an opportunity, passé, a cliché, destabilizing, empowering, destructive, creative: Depending on whom you ask, fragmentation has meant any and all of these for international law. The concept of fragmentation has been a mirror reflecting international lawyers’ perception of themselves, their field, and its prospects for the future.
This chapter chronicles fragmentation’s meanings over the past few decades. In particular, it focuses on the spreading fears of fragmentation around the millennium, how the fears were eventually repurposed, where, speculatively, those fear may have gone, and how and to what extent faith in international law was restored.
International Order Between Governance And Contract, Harlan G. Cohen
International Order Between Governance And Contract, Harlan G. Cohen
Scholarly Works
What is international law for? Is the goal to achieve cooperation in providing global public goods, such as managing the environment, providing peace and security, alleviating poverty, controlling the spread of diseases, protecting basic human rights, and supplying best-practices and standards on health and labor? Or is it about managing conflict and competition between states and others by setting expectations and channeling disputes between them into agreed-upon fora for peaceful settlement?
These two types of purpose are often treated as complementary, with international institutions like the World Trade Organization (WTO) or United Nations often justified on both counts. But they …
Strength In Intellectual Property Protection And Foreign Direct Investment Flows In Least Developed Countries, James Thuo Gathii
Strength In Intellectual Property Protection And Foreign Direct Investment Flows In Least Developed Countries, James Thuo Gathii
Georgia Journal of International & Comparative Law
No abstract provided.
Price Controls Through The Back Door: The Parallel Importation Of Pharmaceuticals, A. Bryan Baer
Price Controls Through The Back Door: The Parallel Importation Of Pharmaceuticals, A. Bryan Baer
Journal of Intellectual Property Law
No abstract provided.
The Tbt Agreement’S Failure To Solve U.S. - Cool, Elinore R. Carroll
The Tbt Agreement’S Failure To Solve U.S. - Cool, Elinore R. Carroll
Georgia Journal of International & Comparative Law
No abstract provided.
Reaching For Environmental And Economic Harmony: Can Ttip Negotiations Bridge The U.S.-Eu Chemical Regulatory Gap?, Ashley Henson
Reaching For Environmental And Economic Harmony: Can Ttip Negotiations Bridge The U.S.-Eu Chemical Regulatory Gap?, Ashley Henson
Georgia Journal of International & Comparative Law
No abstract provided.
Novartis Ag V. Union Of India: "Evergreening," Trips, And "Enhanced Efficacy" Under Section 3(D), Dorothy Du
Novartis Ag V. Union Of India: "Evergreening," Trips, And "Enhanced Efficacy" Under Section 3(D), Dorothy Du
Journal of Intellectual Property Law
No abstract provided.
Gatt/Wto Rules For Border Tax Adjustment And The Proposed European Directive Introducing A Tax On Carbon Dioxide Emissions And Energy, Christian Pitschas
Gatt/Wto Rules For Border Tax Adjustment And The Proposed European Directive Introducing A Tax On Carbon Dioxide Emissions And Energy, Christian Pitschas
Georgia Journal of International & Comparative Law
No abstract provided.
Environmental Unilateralism And The Wto/Gatt System, Ilona Cheyne
Environmental Unilateralism And The Wto/Gatt System, Ilona Cheyne
Georgia Journal of International & Comparative Law
No abstract provided.
The World Trade Organization: Elevating Property Interests Above Human Rights, Marjorie Cohn
The World Trade Organization: Elevating Property Interests Above Human Rights, Marjorie Cohn
Georgia Journal of International & Comparative Law
No abstract provided.
The World Trade Organization And Its Interpretation Of The Article Xx Exceptions To The General Agreement Of Tariffs And Trade, In Light Of Recent Developments, Brandon L. Bowen
The World Trade Organization And Its Interpretation Of The Article Xx Exceptions To The General Agreement Of Tariffs And Trade, In Light Of Recent Developments, Brandon L. Bowen
Georgia Journal of International & Comparative Law
No abstract provided.
The "Giant Sucking Sound" Revisited: A Blueprint To Prevent Pollution Havens By Extending Nafta's Unheralded "Eco-Dumping" Provisions To The New World Trade Organization, Joel L. Silverman
The "Giant Sucking Sound" Revisited: A Blueprint To Prevent Pollution Havens By Extending Nafta's Unheralded "Eco-Dumping" Provisions To The New World Trade Organization, Joel L. Silverman
Georgia Journal of International & Comparative Law
No abstract provided.
Raging Hormones: A Discussion Of The World Trade Organization's Decision In The European Union-United States Beef Dispute, George H. Rountree
Raging Hormones: A Discussion Of The World Trade Organization's Decision In The European Union-United States Beef Dispute, George H. Rountree
Georgia Journal of International & Comparative Law
No abstract provided.
The Dispute Settlement Systems Of Wto And Nafta - Analysis And Comparison, Patrick Specht
The Dispute Settlement Systems Of Wto And Nafta - Analysis And Comparison, Patrick Specht
Georgia Journal of International & Comparative Law
No abstract provided.
Agricultural Trade Liberalization In The Doha Round: The Search For A Modalities Draft, Cody A. Thacker
Agricultural Trade Liberalization In The Doha Round: The Search For A Modalities Draft, Cody A. Thacker
Georgia Journal of International & Comparative Law
No abstract provided.
International Trade Law And The U.S.-Eu Gmo Debate: Can Africa Weather This Storm?, Michelle K. Mcdonald
International Trade Law And The U.S.-Eu Gmo Debate: Can Africa Weather This Storm?, Michelle K. Mcdonald
Georgia Journal of International & Comparative Law
No abstract provided.
A Barren Harvest For The Developing World? Presidential "Trade Promotion Authority" And The Unfulfilled Promise Of Agriculture Negotiations In The Doha Round, Clete D. Johnson
A Barren Harvest For The Developing World? Presidential "Trade Promotion Authority" And The Unfulfilled Promise Of Agriculture Negotiations In The Doha Round, Clete D. Johnson
Georgia Journal of International & Comparative Law
No abstract provided.
Taming The Counterfeit Dragon: The Wto, Trips And Chinese Amendments To Intellectual Property Laws, Andrew Evans
Taming The Counterfeit Dragon: The Wto, Trips And Chinese Amendments To Intellectual Property Laws, Andrew Evans
Georgia Journal of International & Comparative Law
No abstract provided.
Globalization And International Law, Charles A. Hunnicutt
Globalization And International Law, Charles A. Hunnicutt
Georgia Journal of International & Comparative Law
No abstract provided.
Still Dissatisfied After All These Years: Intellectual Property, Post-Wto China, And The Avoidable Cycle Of Futility, Peter K. Yu
Still Dissatisfied After All These Years: Intellectual Property, Post-Wto China, And The Avoidable Cycle Of Futility, Peter K. Yu
Georgia Journal of International & Comparative Law
No abstract provided.
An Overview Of The Draft China Antimonopoly Law, H. Stephen Harris Jr.
An Overview Of The Draft China Antimonopoly Law, H. Stephen Harris Jr.
Georgia Journal of International & Comparative Law
No abstract provided.
Textile Trade With China - The Challenge Of Textile Safeguards, William A. Gillon
Textile Trade With China - The Challenge Of Textile Safeguards, William A. Gillon
Georgia Journal of International & Comparative Law
No abstract provided.
Foreign Precedents In The Federal Judiciary: The Case Of The World Trade Organization's Dsb Decisions, James Thuo Gathii
Foreign Precedents In The Federal Judiciary: The Case Of The World Trade Organization's Dsb Decisions, James Thuo Gathii
Georgia Journal of International & Comparative Law
No abstract provided.
Sailing The Seas Of Protectionism: The Simultaneous Application Of Antidumping And Countervailing Duties To Nonmarket Economies - An Affront To Domestic And International Laws, Christopher Blake Mcdaniel
Sailing The Seas Of Protectionism: The Simultaneous Application Of Antidumping And Countervailing Duties To Nonmarket Economies - An Affront To Domestic And International Laws, Christopher Blake Mcdaniel
Georgia Journal of International & Comparative Law
No abstract provided.
Worth Keeping Around? The United States' Biofuel Policies And Compliance With The World Trade Organization, Kelly Christian
Worth Keeping Around? The United States' Biofuel Policies And Compliance With The World Trade Organization, Kelly Christian
Georgia Journal of International & Comparative Law
No abstract provided.
Justice For All In The Dispute Settlement System Of The World Trade Organization, Kim Van Der Borght
Justice For All In The Dispute Settlement System Of The World Trade Organization, Kim Van Der Borght
Georgia Journal of International & Comparative Law
No abstract provided.
Moving All-In With The World Trade Organization: Ignoring Adverse Rulings And Gambling With The Future Of The Wto, Paul Rothstein
Moving All-In With The World Trade Organization: Ignoring Adverse Rulings And Gambling With The Future Of The Wto, Paul Rothstein
Georgia Journal of International & Comparative Law
No abstract provided.