Law Commons^™

Irreconcilable Differences? The Geneva Act Of The Lisbon Agreement And The Common Law, Daniel Gervais

Daniel J Gervais

Fda's Consideration Of Codex Alimentarius Standards In Light Of International Trade Agreements, Lucinda Sikes

Lucinda Sikes

No abstract provided.

How Much Does Law Matter - Labor Law, Competition, And Waterfront Labor Relations In Rotterdam And U.S. Ports, Robert Kagan

Robert Kagan

In both the Netherlands & the US, law has helped rationalize the hiring of port labor & provide dockworkers greater security. However, US longshoremen have captured a larger share of the productivity gains flowing from the mechanization of cargo handling than have Dutch dockworkers. At the same time, the constraints imposed by US longshore unions have made container terminals in the US less efficient & more costly to users, as compared to Rotterdam terminals. These differences can in part be explained by US labor law, which encourages a more adversarial, self-seeking union posture than does the labor law structure in …

Introduction: The International Financial System, Steven Solomon, Stavros Gadinis

Stavros Gadinis

Lack of overarching institutions, comparison with the WTO Fragmentation among multiple international bodies

India Eases Foreign Investment Rules For Retail (November 2015).Pdf, Sonia Baldia

Sonia Baldia

No abstract provided.

Section By Section Commentary On The Tpp Final Ip Chapter Published 5 November 2015 – Part 2 – Copyright, Kimberlee G. Weatherall

Kimberlee G Weatherall

This note comments on the TPP copyright provisions (final text). It also compares each provision to multilateral and bilateral treaties. The material here is necessarily preliminary and does not purport to be complete. It is published on the basis that it may assist others’ analysis and commentary

Section By Section Commentary On The Tpp Final Ip Chapter Published 6 November 2015 – Part 1 – General Provisions, Trade Mark, Gis, Designs, Kimberlee G. Weatherall

Kimberlee G Weatherall

This note comments on the TPP general provisions and rules on trade mark, GIs, and designs. It also compares each provision to multilateral and bilateral treaties. The material here is necessarily preliminary and does not purport to be complete. It is published on the basis that it may assist others’ analysis and commentary.

Course Materials On East-West Trade Law, Julian Juergensmeyer, A. Burzynski

Julian C. Juergensmeyer

No abstract provided.

Section By Section Commentary On The Tpp Final Ip Chapter Published 5 November 2015 – Part 3 - Enforcement, Kimberlee G. Weatherall

Kimberlee G Weatherall

This note comments on the TPP IP enforcement provisions (final text). It also compares each provision to multilateral and bilateral treaties. The material here is necessarily preliminary and does not purport to be complete. It is published on the basis that it may assist others’ analysis and commentary. Note: version 0.1 adds fn 1 reference to Bridy on ISP safe harbors.

Incentivizing Corporate America To Eradicate Transnational Bribery Worldwide: Federal Transparency And Voluntary Disclosure Under The Foreign Corrupt Practices Act, Peter R. Reilly

Peter R. Reilly

No abstract provided.

Socio-Economic Aspects Of Geographical Indications, Irene Calboli, Daniel J. Gervais

Irene Calboli

Iran Sanctions Relief: Status & Prospects, Perry S. Bechky

Perry S. Bechky

This talk, given to a European trade association, describes the sanctions relief given by the US Government to Iran as part of the nuclear deal known as the Joint Comprehensive Plan of Action (JCPOA). It places this sanctions relief in historical context and flags the significance of ongoing sanctions for both US and non-US businesses. Finally, it urges businesses doing or contemplating business with Iran to anticipate, manage, and allocate risks. (Powerpoint slides)

The Evolving State And The Future Of Global Trade, Dennis M. Patterson, Ruth Buchanan, Michael Giudice, François Tanguay-Renaud

François Tanguay-Renaud

Dennis Patterson, Chair in Legal Theory, European University Institute (EUI), Florence, Italy, speaks about global trade and the relationship between trade and the State.

Respondent: Ruth Buchanan, Osgoode Hall Law School.

An International Bind: Article Xxiv:12 Of Gatt And Canada, Shelley Kierstead

Shelley M. Kierstead

No abstract provided.

Responsible International Citizenry In The Asian Century: Why Failure To Meet International Obligations Adversely Affects Australian National Interests, Danielle Ireland-Piper

Danielle Ireland-Piper

If Australia is to secure its financial and security interests in the Asian century, then it must build effective working relationship in the Asia-Pacific. To do so, Australia must build familial and not merely transactional relationship in Asia. In turn, this requires Australia to present as a responsible international citizen. This image of responsible citizenry, however, is difficult to achieve when the Australian Constitution permits race-based laws and Australia’s approach to regional asylum seeker management may violate international law. This is because the hypocrisy inherent in non-compliance impedes Australia's capacity to build meaningful relationship in the Asian region. in that …

U.S. Should Not Worry About Chinese Leaders Meeting With Tech Titans, Peter K. Yu

Peter K. Yu

No abstract provided.

The Quest For A New Generation Of Labor Chapter In The Ttip, Michele Faioli

Michele Faioli

The TTIP (Transatlantic Trade and Investment Partnership Agreement) may be key for the EU-US forthcoming vision of labor and industrial relations. More in general, it may be key for idea of a possible common Western labor legal system. The TTIP may be turned into a occasion to ground a new generation of labor chapters in investment/partnership treaties. In line with preliminary outputs, a practical proposal is introduced. This essay is also aimed at analyzing, under a critical legal approach, why, to what extent and how the TTIP labor chapter may be set up. By means of a de-constructive method in …

El Interés Público Y Los Acuerdos De Inversión: Un Gran Reto Para El Atp, William Schubert, Andrea Ernst

William Schubert

Ésta columa argumenta que las negociaciones del Acuerdo Tras-Pacifico son una buena oportunidad para reconocer el rol del interés público en un acuerdo multilateral de inversión.

Reforming International Investment Law: Justice And Good Governance, Frank Garcia

Frank J. Garcia

The Extraterritorial Reach Of Sovereign Debt Enforcement, 12 Berkeley Bus. L.J. 111 (2015), Karen H. Cross

Karen Halverson Cross

A significant barrier to enforcing sovereign debt obligations in U.S. court has been finding and attaching non-immune assets of the foreign sovereign debtor. In June 2014, the U.S. Supreme Court issued decisions in litigation between Argentina and hedge fund NML Capital that will significantly benefit creditors in the enforcement process. In one decision, the Court affirmed an order to compel banks to provide information as to how Argentina moves its monetary assets around the world, finding that the U.S. Foreign Sovereign Immunities Act (FSIA) does not limit a court's power to order post-judgment discovery. In the other decision, the Court …

Proceedings Of The Third Annual Legal & Policy Issues In The Americas Conference (2002) -- V. The Export Of Medical Supplies And Agriculture Products In Cuba -- D. Cuban Economic Relations, Berta E. Hernández-Truyol

Berta E. Hernández-Truyol

Proceedings of the Third Annual Legal & Policy Issues in the Americas Conference (2002)

Reforming The Bit Regime: Lessons From International Trade Law, Frank Garcia

Frank J. Garcia

An Interdisciplinary Introduction To Legal Transparency: A Tool For Rational Development, 18 Dick. J. Int'l L. 293 (2000), William B.T. Mock

William B.T. Mock

No abstract provided.

Cumulation Of Import Statistics In Injury Investigations Before The International Trade Commission, 7 Nw. J. Int'l L. & Bus. 433 (1986), William B.T. Mock

William B.T. Mock

No abstract provided.

Developing An International Carbon Tax Regime, Steven Specht

Steven Specht

As atmospheric CO2 remains in the range of 400 ppm, it is necessary to find new international coordination to deal with climate change. The best way forward is an international regime of harmonized domestic carbon taxes. By agreeing to a minimum amount of taxation on domestic, point-source producers, money can be set aside for adaptation costs and alternative means of energy production. Finally, such a plan will overcome the problem of non-participation of countries in agreements like the Kyoto Protocol. As this is a treaty dealing with economics and trade, countries can place taxes on imports of non-participatory countries under …

International Activity And Domestic Law, Adam I. Muchmore

Adam I. Muchmore

This essay explores the ways States use their domestic laws to regulate activities that cross national borders. Domestic-law enforcement decisions play an underappreciated role in the development of international regulatory policy, particularly in situations where the enforcing State's power to apply its law extraterritorially is not contested. Collective action problems suggest there will be an undersupply of enforcement decisions that promote global welfare and an oversupply of enforcement decisions that promote national welfare. These collective action problems may be mitigated in part by government networks and other forms of regulatory cooperation.

Private Regulation And Foreign Conduct, Adam I. Muchmore

Adam I. Muchmore

Current U.S. policy on safety regulation for imported food is based largely on ex post measures. Several reform proposals seek to strengthen the ex ante component of this regulatory program. These proposals rely on one or more of three basic strategies: direct extraterritorial regulation; delegation of regulatory authority to private entities; and delegation of regulatory authority to foreign government agencies. This paper explores the ability of each strategy to respond to several principal-agent problems relevant to imported-food safety: the regulatory license problem; interest group capture; and the reality of bribery and threats in many food-exporting countries. Through the lens of …

International Trade V. Intellectual Property Lawyers: Globalization And The Brazilian Legal Profession, Vitor M. Dias

Vitor M. Dias

No abstract provided.

Trade And Environment: An Environmentalist View, Naomi Roht-Arriaza

Naomi Roht-Arriaza

No abstract provided.

Precaution, Participation And The "Greening" Of International Trade Law, Naomi Roht-Arriaza

Naomi Roht-Arriaza

No abstract provided.