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The Footprint Of The Chinese Petro-Dragon: The Future Of Investment Law In Transboundary Resources, Guillermo J. Garcia Sanchez Jan 2020

The Footprint Of The Chinese Petro-Dragon: The Future Of Investment Law In Transboundary Resources, Guillermo J. Garcia Sanchez

Faculty Scholarship

Chinese offshore investments in the oil and gas sector around the world are on the rise. Like dragons roaming the seas trying to dominate the tides, Chinese state-owned companies are particularly eager to bid for oil fields in maritime borderlines. The article tells the story of how Chinese state-owned companies are over paying for oil on the US-Mexico boundary to gather experience on how China’s global competitors handle resource development conflicts. My argument is that Chinese participation in transboundary field development fits within a long-term strategy to master international legal regimes. The presence of these petro-dragons in borderlines is ...


International Provisions Of Public Law No. 115-97 (The “Tcja”) (Powerpoint), William B. Sherman Nov 2018

International Provisions Of Public Law No. 115-97 (The “Tcja”) (Powerpoint), William B. Sherman

William & Mary Annual Tax Conference

No abstract provided.


Infringement, Unbound, Sarah R. Wasserman Rajec Oct 2018

Infringement, Unbound, Sarah R. Wasserman Rajec

Faculty Publications

No abstract provided.


Regulatory Cooperation In International Trade And Its Transformative Effects On Executive Power, Elizabeth Trujillo Jan 2018

Regulatory Cooperation In International Trade And Its Transformative Effects On Executive Power, Elizabeth Trujillo

Faculty Scholarship

As international trade receives the brunt of local discontent with globalization trends and recent changes by the Trump administration have put into question the viability of such trade arrangements moving forward, there has been a clear trend in using international trade fora for managing regulatory barriers on economic development. This paper will discuss this recent trend in international trade toward increased regulatory cooperation through the creation of formalized transnational regulatory bodies, such as the U.S.-EU Regulatory Cooperation Body that was being discussed in the TTIP negotiations and comparable ones in the Canadian-EU Trade Agreement as well as U ...


From The Periphery To The Centre: China's Participation In Wto Negotiations, Henry S. Gao Jan 2012

From The Periphery To The Centre: China's Participation In Wto Negotiations, Henry S. Gao

Research Collection School Of Law

In November 2001, China finally acceded to the World Trade Organization after a marathon accession negotiation that lasted 15 years. As China's accession coincided with the launch of the Doha Round, many commentators predicted that China's participation in the trade negotiations would have significant impacts on the Round. However, this has not proven to be the case. What have been the approaches taken by China in global trade negotiations? Why did China adopt these approaches? How did China's different negotiating approaches affect the dynamics of trade negotiations? These are the questions addressed in this article. The paper ...


From Gats To Apec: The Impact Of Trade Agreements On Legal Services, Laurel Terry Jan 2010

From Gats To Apec: The Impact Of Trade Agreements On Legal Services, Laurel Terry

Faculty Scholarly Works

This article provides a comprehensive overview of the treatment of legal services in the United States' international trade agreements. Although many individuals are now familiar with the General Agreement on Trade in Services (GATS), far fewer realize that legal services are included in at least fifteen international trade agreements to which the United States is a party. This article begins by identifying those trade agreements and other developments including the 2009 Legal Services Initiative of the Asia Pacific Economic Cooperation (APEC). The article continues by explaining the structure of the GATS and comparing its provisions to the provisions found in ...


Special 301 And Access To Medicine In The Obama Administration, Sean Flynn Jan 2010

Special 301 And Access To Medicine In The Obama Administration, Sean Flynn

Articles in Law Reviews & Other Academic Journals

No abstract provided.


In The Name Of Sovereignty? The Battle Over In Dubio Mitius Inside And Outside The Courts, Christophe J. Larouer Apr 2009

In The Name Of Sovereignty? The Battle Over In Dubio Mitius Inside And Outside The Courts, Christophe J. Larouer

Cornell Law School Inter-University Graduate Student Conference Papers

Contrary to some prominent legal scholars’ predictions, the principle of in dubio mitius, that is, the principle of restrictive interpretation of treaty obligations in deference to the sovereignty of states, has not disappeared. Worse, the Appellate Body (AB) of the World Trade Organization (WTO) has carried it into the 21st Century, reigniting the ideological debate dividing the legal doctrine over the conception of what the relationship between domestic and international law should be. Therefore, after retracing the history of this principle during which key legal figures opposed one another, this article examines the divergent positions defended by the proponents and ...


Multilateralism Or Regionalism; What Can Be Done About The Proliferation Of Regional Trading Agreements?, Luwam G. Dirar Apr 2009

Multilateralism Or Regionalism; What Can Be Done About The Proliferation Of Regional Trading Agreements?, Luwam G. Dirar

Cornell Law School Inter-University Graduate Student Conference Papers

Regional trading agreements are treaties entered into by states. States enter into regional trading agreements for different reasons some of which are economic, political and security reasons. Regional trading agreements (herein after RTAs) have been successful in achieving trade liberalization at a much faster speed than the World Trade Organization (herein after WTO). The most notable example of RTAs is the European Communities that has been successful to liberalize both trade in goods and services.

Members of those Regional Trading Agreements create rules of origin. Rules of origin are important in allocating the appropriate duty for imported goods. They tell ...


An Identity Crisis Of International Organizations, Sungjoon Cho Mar 2009

An Identity Crisis Of International Organizations, Sungjoon Cho

All Faculty Scholarship

An Identity Crisis of International Organizations Abstract International organizations (IOs) are ubiquitous. More than two hundred IOs touch our everyday lives, ranging banking to flu-shots. However, conventional political scientists seldom pay sufficient attention to IOs which they thoroughly deserve given their contemporary prominence. Because conventional international relations (IR) theories consider IOs as mere passive machineries, they hardly offer a satisfactory explanation on a distinctive mode of IOs’ institutional dynamic, in which a specific IO, as a separate and autonomous organic entity, grows, evolves and eventually makes sense of its own existence. This Essay offers a novel perspective which attempts to ...


Protecting Against Plunder: The United States And The International Efforts Against Looting Of Antiquities, Asif Efrat Feb 2009

Protecting Against Plunder: The United States And The International Efforts Against Looting Of Antiquities, Asif Efrat

Cornell Law Faculty Working Papers

In 1970 UNESCO adopted a convention intended to stem the flow of looted antiquities from developing countries to collections in art-importing countries. The majority of art-importing countries, including Britain, Germany, and Japan, refused to join the Convention. Contrary to other art-importing countries, and reversing its own traditionally-liberal policy, the United States accepted the international regulation of antiquities and joined the UNESCO Convention. The article seeks to explain why the United States chose to establish controls on antiquities, to the benefit of foreign countries facing archaeological plunder and to the detriment of the US art market. I argue that the concern ...


Grocery Store Activism: A Wto Compliant Means To Incentivize Social Responsibility, Jessica M. Karbowski Oct 2008

Grocery Store Activism: A Wto Compliant Means To Incentivize Social Responsibility, Jessica M. Karbowski

Student Scholarship Papers

Despite the increases in global wealth attributable to globalization and increased international trade, the damage done by socially irresponsible production practices remains an area of concern for international human and labor rights advocates. Because international trade law under the World Trade Organization (WTO) imposes strict limitations on the policy options available to Member States, international human rights and international trade have been viewed as fundamentally at odds with one another. This Article argues that market-based incentives can be used to allow international trade to reinforce established human rights principles, rather than constantly undermining government attempts to formulate appropriate policy solutions ...


Jurisdiction Ratione Temporis Under Nafta Article 1116(2), Rocio I. Digon Sep 2008

Jurisdiction Ratione Temporis Under Nafta Article 1116(2), Rocio I. Digon

Student Scholarship Papers

The interpretation of “continuing breaches” for the purposes of determining jurisdiction ratione temporis has taken on particular importance in the past several years. Most bilateral and multilateral treaty instruments include clauses that establish temporal limitations on jurisdiction, but they do not explicitly address “continuing breaches.” Recently, NAFTA tribunals have considered this question under the three year time limitation of NAFTA Article 1116(2), but the issue still remains largely unresolved. This paper will analyze “continuing breaches” in both investment law and general international law and conclude that “continuing breaches” are not valid exceptions to established time limitations in investment treaties ...


Global Justice And The Bretton Woods Institutions, Frank J. Garcia Sep 2007

Global Justice And The Bretton Woods Institutions, Frank J. Garcia

Boston College Law School Faculty Papers

Together with the WTO, the Bretton Woods Institutions are the preeminent international institutions devoted to managing international economic relations. This mandate puts them squarely in the center of the debate concerning development, inequality and global justice. This essay explores how justice criteria might apply to the ideology and operations of the World Bank and the International Monetary Fund. Using the Rawlsian model of egalitarian justice adapted to international institutions by the author in connection with the WTO, this essay asks what difference it would make for the Bank and Fund if an explicit justice framework informed their international lending activities.


The ‘Fair’ Trade Law Of Nations, Or A ‘Fair’ Global Law Of Economic Relations?, Frank J. Garcia Aug 2007

The ‘Fair’ Trade Law Of Nations, Or A ‘Fair’ Global Law Of Economic Relations?, Frank J. Garcia

Boston College Law School Faculty Papers

No abstract provided.


A Study Of Interest, John Y. Gotanda Aug 2007

A Study Of Interest, John Y. Gotanda

Working Paper Series

In recent years, a number of tribunals, mainly those deciding investment disputes, have re-examined traditional practices concerning the awarding of interest, particularly whether interest should be awarded at market rates and on a compounded basis. However, many tribunals deciding transnational contracts disputes continue to follow the practice of applying national laws on interest, which often results in the application of domestic statutory interest rates calling for a fixed rate of interest to accrue on a simple as opposed to compound basis. These statutory rates often do not change to reflect economic conditions and thus may under compensate or over compensate ...


Mission Possible: Reciprocal Deference Between Domestic Regulatory Structures And The Wto, Elizabeth Trujillo Jan 2007

Mission Possible: Reciprocal Deference Between Domestic Regulatory Structures And The Wto, Elizabeth Trujillo

Faculty Scholarship

One of the goals of Article III of GATT is to invalidate domestic regulatory measures, including taxes and non-fiscal policies that amount to non-tariff barriers to trade (NTB) and therefore violate the principles of national treatment. While internal policies that directly discriminate between products based on nationality or origin are clearly in violation of national treatment principles, it is the facially neutral regulatory measures with protectionist and discriminatory effects that are more difficult to assess, even within transparent regulatory processes. However, with their emphasis on the likeness of the products in question, WTO panels run the risk of alienating member ...


Nafta's Double Standard Of Review, Juscelino F. Colares Jan 2007

Nafta's Double Standard Of Review, Juscelino F. Colares

Faculty Publications

Chapter 19 of the North American Free Trade Agreement (NAFTA) replaced court review of U.S. antidumping and countervailing duties with binding review by special binational panels of trade experts. It requires these panels to apply the same standard of review that U.S. courts use in trade remedy cases. Despite the centrality of this requirement to the Chapter 19 panel system, these panels have not adhered to this mandate. Chapter 19 panels overturn U.S. agency rulings much more often than the courts. In fact, they apply two different standards of review: exacting scrutiny where foreign producers and governments ...


Charting Developments Concerning Punitive Damages: Is The Tide Changing?, John Y. Gotanda Nov 2006

Charting Developments Concerning Punitive Damages: Is The Tide Changing?, John Y. Gotanda

Working Paper Series

This essay discusses a number of developments outside of the United States concerning punitive damages, which may ultimately signal a change in the way other countries view American awards of such damages.

To date, courts in many countries have refused to recognize and enforce American punitive damages awards on the ground that they violate the host country’s public policy. In most civil law countries, such as France and Germany, penal damages can only be ordered in criminal proceedings; a civil award of such damages has been viewed as contrary to ordre public. In common law countries, while punitive damages ...


Damages In Lieu Of Performance Because Of Breach Of Contract, John Y. Gotanda Jul 2006

Damages In Lieu Of Performance Because Of Breach Of Contract, John Y. Gotanda

Working Paper Series

In contract disputes between transnational contracting parties, damages are often awarded to compensate a claimant for loss, injury or detriment resulting from a respondent’s failure to perform the agreement. In fact, damages may be the principal means of substituting for performance or they may complement other remedies, such as recision or specific performance.

Damages for breach of contract typically serve to protect one of three interests of a claimant: (1) performance interest (also known as expectation interest); (2) reliance interest; or (3) restitution interest. The primary goal of damages in most jurisdictions is to fulfil a claimant’s performance ...


The Transatlantic Gmo Dispute Against The European Communities: Some Preliminary Thoughts, David A. Wirth Jul 2006

The Transatlantic Gmo Dispute Against The European Communities: Some Preliminary Thoughts, David A. Wirth

Boston College Law School Faculty Papers

Any day now, a World Trade Organization panel is expected to rule in a dispute between the U.S. and the EU concerning market access for genetically-engineered foods and crops. This piece, written before the release of the WTO panel's report, analyzes novel systemic issues concerning the impact of WTO law on regulatory design, at both the national and international levels, that are raised by this dispute. These include (1) the application of WTO disciplines to regulatory schemes that require prior governmental approval to protect the environment and public health from newly-introduced products and substances; (2) the role of ...


Why Trade Law Needs A Theory Of Justice, Frank J. Garcia Jan 2006

Why Trade Law Needs A Theory Of Justice, Frank J. Garcia

Boston College Law School Faculty Papers

No abstract provided.


Review Of The World Trade Organization: Law, Practice And Policy, Frank J. Garcia Jan 2006

Review Of The World Trade Organization: Law, Practice And Policy, Frank J. Garcia

Boston College Law School Faculty Papers

No abstract provided.


The President, The Environment, And Foreign Policy: The Globalization Of Environmental Politics, David A. Wirth Feb 2005

The President, The Environment, And Foreign Policy: The Globalization Of Environmental Politics, David A. Wirth

Boston College Law School Faculty Papers

By comparison with domestic environmental issues, international environmental diplomacy is distinguished by the far greater role of the Executive Branch, and in particular the President, in making law. This essay explores the legal consequences of the President's dual role in international environmental diplomacy: his duty faithfully to execute statutory mandates adopted by Congress while also serving as the Nation's chief diplomat and negotiator of international agreements with foreign powers. The piece discusses the legal and policy dynamics surrounding two concrete examples affecting domestic and international environmental policy, in which Presidential power assumes dramatically different forms: (1) climate change ...


Trade-Based Strategies For Combatting Child Labor, Frank J. Garcia, Soohyun Jun Feb 2005

Trade-Based Strategies For Combatting Child Labor, Frank J. Garcia, Soohyun Jun

Boston College Law School Faculty Papers

International commerce facilitates abusive child labor when it offers a market for the goods produced through such practices. International trade sanctions are thus a logical avenue for confronting abusive child labor, by eliminating the commercial opportunities for such goods. However, it is not clear that domestic child labor sanctions would survive legal challenge under WTO law as currently interpreted. For international trade law to serve as a viable strategy for change, there must first be a clear theoretical and doctrinal case for the WTO-consistency of domestic child labor-based sanctions. In this chapter, we present this case, using the U.S ...


Globalization, Global Community And The Possibility Of Global Justice, Frank J. Garcia Feb 2005

Globalization, Global Community And The Possibility Of Global Justice, Frank J. Garcia

Boston College Law School Faculty Papers

In this essay, I suggest five ways in which globalization is changing the cosmopolitan/communitarian debate over global justice, by creating, both inter-subjectively and at the regulatory level, the constitutive elements of a limited global community. Members of this global community are increasingly aware of each other’s needs and circumstances, increasingly capable of effectively addressing these needs, and increasingly contributing to these circumstances in the first place. They find themselves involved in the same global market society, and together these members look to the same organizations, especially those at the meta-state level, to provide regulatory approaches to addressing problems ...


Trade As Guarantor Of Peace, Liberty And Security? The Role Of Peace In The Bretton Woods Institutions, Padideh Ala'i Jan 2005

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.


Environmental Trade Measures, The Shrimp-Turtle Rulings, And The Ordinary Meaning Of The Text Of The Gatt, Howard F. Chang Jan 2005

Environmental Trade Measures, The Shrimp-Turtle Rulings, And The Ordinary Meaning Of The Text Of The Gatt, Howard F. Chang

Faculty Scholarship at Penn Law

No abstract provided.


Hyperownership In A Time Of Biotechnological Promise: The International Conflict To Control The Building Blocks Of Life, Sabrina Safrin Oct 2004

Hyperownership In A Time Of Biotechnological Promise: The International Conflict To Control The Building Blocks Of Life, Sabrina Safrin

Rutgers Law School (Newark) Faculty Papers

This article addresses the corrosive interplay between the patent-based and the sovereign- based systems of ownership of genetic material. In patent-based systems, genetic material is increasingly “owned” by corporations or research institutions which obtain patents over such material. In sovereign-based systems, the national government owns or extensively controls such material. As more patents issue for synthesized genes in developed countries through the patent system, more raw genetic material is legally enclosed by the governments of developing nations, which house most of the world’s wild or raw genetic material. This interactive spiral of increased enclosure results in the sub-optimal utilization ...


Deconstructing Development, Ruth E. Gordon, Jon H. Sylvester Jun 2004

Deconstructing Development, Ruth E. Gordon, Jon H. Sylvester

Working Paper Series

Whether it is being praised or excoriated, defended or condemned, the concept of development shapes and dominates our thinking about the Third World. Indeed development has evolved into an essentially incontestable paradigm with such a hold on our collective imaginations, that it is almost impossible to think around or beyond it. This article, however, interrogates development to its very core, demonstrating that although it is presented as something that is universal, natural and inevitable, in truth it is part of the Western political and cultural imagination. Moreover, the interlocking ideological assumptions that support this paradigm are inherently hierarchical and by ...