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Articles 1 - 26 of 26
Full-Text Articles in Law
Wto Reform: Multilateral Control Over Unilateral Retaliation - Lessons From The Us-China Trade War, Julia Ya Qin
Wto Reform: Multilateral Control Over Unilateral Retaliation - Lessons From The Us-China Trade War, Julia Ya Qin
Law Faculty Research Publications
No abstract provided.
Forced Technology Transfer And The Us-China Trade War: Implications For International Economic Law, Julia Ya Qin
Forced Technology Transfer And The Us-China Trade War: Implications For International Economic Law, Julia Ya Qin
Law Faculty Research Publications
No abstract provided.
Trans-Pacific Partnership: Continuity And Breakthroughs In U.S. Investment Treaty Practice, Charles Hendrickson Brower Ii
Trans-Pacific Partnership: Continuity And Breakthroughs In U.S. Investment Treaty Practice, Charles Hendrickson Brower Ii
Law Faculty Research Publications
In October 2015, the United States completed negotiations for the Trans- Pacific Partnership (“TPP”), a free trade agreement among twelve Pacific Rim states.1 According to the White House, TPP will “rewrite the rules of trade,” will include “high standards . . . that . . . upgrade our existing agreements,” and will “have a profound impact on . . . how we invest in the developing world.”2 By contrast, the leading presidential candidates from both parties offer distinctly negative assessments of TPP. Hillary Clinton has opined that TPP does not meet the “very high” bar she would set for producing …
The Conundrum Of Wto Accession Protocols: In Search Of Legality And Legitimacy, Julia Ya Qin
The Conundrum Of Wto Accession Protocols: In Search Of Legality And Legitimacy, Julia Ya Qin
Law Faculty Research Publications
Accession to the World Trade Organization differs from that of other international organizations in one major aspect: the WTO may prescribe more stringent rules for acceded members, depending on the result of individual accession negotiations. These country-specific rules are set out in the protocols of accession and now form a significant part of WTO law. However, questions concerning the legality and legitimacy of such rules remain to be answered. The accession protocols effectively modify the provisions of the WTO multilateral trade agreements, but the legal basis for so doing has never been properly explained and the relationship between the accession …
Judicial Authority In Wto Law: A Commentary On The Appellate Body's Decision In China-Rare Earths, Julia Ya Qin
Judicial Authority In Wto Law: A Commentary On The Appellate Body's Decision In China-Rare Earths, Julia Ya Qin
Law Faculty Research Publications
No abstract provided.
Judicial Authority In Wto Law: A Commentary On The Appellate Body's Decision In China-Rate Earths, Julia Ya Qin
Judicial Authority In Wto Law: A Commentary On The Appellate Body's Decision In China-Rate Earths, Julia Ya Qin
Law Faculty Research Publications
No abstract provided.
Hollow Spaces, Charles H. Brower Ii
Hollow Spaces, Charles H. Brower Ii
Law Faculty Research Publications
No abstract provided.
Be Careful What You Wish For: Thoughts On A Compliance Defense Under The Foreign Corrupt Practices Act, Peter J. Henning
Be Careful What You Wish For: Thoughts On A Compliance Defense Under The Foreign Corrupt Practices Act, Peter J. Henning
Law Faculty Research Publications
No abstract provided.
Reforming Wto Discipline On Export Duties: Sovereignty Over Natural Resources, Economic Development And Environmental Protection, Julia Ya Qin
Law Faculty Research Publications
The current World Trade Organization (WTO) regime on export restraints comprises two extremes: at one end is the near-complete freedom to levy export duties enjoyed by most Members, which renders theWTO discipline on export restrictions largely ineffective; at the other end, the rigid obligations imposed on several acceding Members prohibiting the use of export duties for any purpose.The recent WTO ruling in China-Raw Materials has only solidified the latter extreme. This article seeks to expose the irrationality of the current regime, especially the problems created by the rigid obligations of the several acceding Members. It contends that such obligations deprive …
Predicament Of China's Wto-Plus Obligation To Eliminate Export Duties: A Commentary On The China-Raw Materials Case, Julia Ya Qin
Predicament Of China's Wto-Plus Obligation To Eliminate Export Duties: A Commentary On The China-Raw Materials Case, Julia Ya Qin
Law Faculty Research Publications
No abstract provided.
The Predicament Of China's "Wto-Plus" Obligation To Eliminate Export Duties: A Commentary On The China-Raw Materials Case, Julia Ya Qin
The Predicament Of China's "Wto-Plus" Obligation To Eliminate Export Duties: A Commentary On The China-Raw Materials Case, Julia Ya Qin
Law Faculty Research Publications
No abstract provided.
Arbitration And Antitrust: Navigating The Contours Of Mandatory Law, Charles H. Brower Ii
Arbitration And Antitrust: Navigating The Contours Of Mandatory Law, Charles H. Brower Ii
Law Faculty Research Publications
No abstract provided.
Pushing The Limits Of Global Governance: Trading Rights, Censorship And Wto Jurisprudence - A Commentary On The China-Publications Case, Julia Ya Qin
Law Faculty Research Publications
No abstract provided.
Pushing The Limits Of Global Governance: Trading Rights, Censorship And Wto Jurisprudence -- A Commentary On The China-Publications Case, Julia Ya Qin
Law Faculty Research Publications
For decades, China has maintained State import monopoly in cultural products. The opaque State trading operations ensure a maximum level of flexibility and efficacy in the government censorship of imports. The WTO judiciary held in the China-Publicationscase that this practice is inconsistent with China's trading rights commitments under its Accession Protocol and cannot be justified by the public morals exception of the General Agreement on Tariffs and Trade. To comply with the WTO ruling, China must restructure its censorship regime, which it apparently is not prepared to do. This article analyses the implications of the WTO decision and provides a …
The Challenge Of Interpreting 'Wto-Plus' Provisions, Julia Ya Qin
The Challenge Of Interpreting 'Wto-Plus' Provisions, Julia Ya Qin
Law Faculty Research Publications
This paper seeks to address special interpretive issues raised by the China Accession Protocol, focusing on provisions that prescribe more stringent rules for China than generally applicable WTO disciplines. These ‘WTO-plus’ provisions have already been involved in several WTO disputes. In the light of these disputes, the paper analyzes the interpretive challenge presented by the Protocol and suggests that, to meet the challenge, WTO adjudicators need to embrace a more holistic and systemic interpretive approach. The paper then proposes three working principles that may help to interpret the WTO-plus provisions of the Protocol in a coherent and systematic manner.
Protecting Freshwater Resources In The Era Of Global Water Markets: Lessons Learned From Bottled Water, Noah D. Hall
Protecting Freshwater Resources In The Era Of Global Water Markets: Lessons Learned From Bottled Water, Noah D. Hall
Law Faculty Research Publications
No abstract provided.
Enron, Epistemology, And Accountability: Regulating In A Global Economy, Erica Beecher-Monas
Enron, Epistemology, And Accountability: Regulating In A Global Economy, Erica Beecher-Monas
Law Faculty Research Publications
No abstract provided.
"Wto-Plus" Obligations And Their Implications For The Wto Legal System: An Appraisal Of The China Accession Protocol, Julia Ya Qin
"Wto-Plus" Obligations And Their Implications For The Wto Legal System: An Appraisal Of The China Accession Protocol, Julia Ya Qin
Law Faculty Research Publications
No abstract provided.
Structure, Legitimacy And Nafta’S Investment Chapter, Charles Hendrickson Brower Ii
Structure, Legitimacy And Nafta’S Investment Chapter, Charles Hendrickson Brower Ii
Law Faculty Research Publications
In this Article, Professor Brower examines the investment chapter of the North American Free Trade Agreement (NAFTA). He argues that the relevant treaty provisions lack a substantial measure of textual clarity. In addition, he argues that ad hoc tribunals based on the commercial arbitration model have generated incoherent doctrine and are relatively less accountable, transparent, and accessible than permanent tribunals. Furthermore, he argues that the NAFTA Parties and their courts so far appear to place a higher priority on the pursuit of narrow self-interest than on the principled administration of international governance. Collectively, these circumstances help to explain the frequency …
Nafta’S Investment Chapter: Initial Thoughts About Second-Generation Rights, Charles Hendrickson Brower Ii
Nafta’S Investment Chapter: Initial Thoughts About Second-Generation Rights, Charles Hendrickson Brower Ii
Law Faculty Research Publications
In this Article Professor Brower argues that most observers of NAFTA's investment chapter have missed an important and surprising development: Although the treaty's text shares a philosophical affinity with civil and political rights, its application has revealed an astonishing level of support for economic and social rights (ESCRs) in North America. Professor Brower examines the practical implications of this development both for the presentation of claims in investor-state arbitration and for the better integration of ESCRs into the mainstream of international law.
Investor-State Disputes Under Nafta: The Empire Strikes Back, Charles H. Brower Ii
Investor-State Disputes Under Nafta: The Empire Strikes Back, Charles H. Brower Ii
Law Faculty Research Publications
This Article examines the growing opposition to arbitration of investor-state disputes involving challenges to regulatory measures under Chapter 11 of NAFTA. The NAFTA Parties apparently seek to restore national sovereignty over such matters by subjecting these awards to heightened review by municipal courts at the seat of arbitration, effectively giving Canadian, Mexican, and United States courts the final authority to interpret Chapter 11. When successful, this practice violates both the letter of Chapter 11 and the intent of the NAFTA Parties to place investor-state disputes within the deferential legal framework of international commercial arbitration. Although the NAFTA Parties may, escape …
Investor-State Disputes Under Nafta: A Tale Of Fear And Equilibrium, Charles Hendrickson Brower Ii
Investor-State Disputes Under Nafta: A Tale Of Fear And Equilibrium, Charles Hendrickson Brower Ii
Law Faculty Research Publications
No abstract provided.
Analyzing Bank Drafted Letter Of Credit Rules, The International Standby Practice (Isp98), John F. Dolan
Analyzing Bank Drafted Letter Of Credit Rules, The International Standby Practice (Isp98), John F. Dolan
Law Faculty Research Publications
No abstract provided.
Symposium: States' Rights V. International Trade: The Massachusetts Burma Law, Patrick C. Reed, Sydney M. Cone Iii, Thomas A. Barnico, Joel P. Trachtman, Peter J. Spiro, Paul R. Dubinsky
Symposium: States' Rights V. International Trade: The Massachusetts Burma Law, Patrick C. Reed, Sydney M. Cone Iii, Thomas A. Barnico, Joel P. Trachtman, Peter J. Spiro, Paul R. Dubinsky
Law Faculty Research Publications
No abstract provided.
China And Gatt: Accession Instead Of Resumption, Ya Qin
China And Gatt: Accession Instead Of Resumption, Ya Qin
Law Faculty Research Publications
No abstract provided.
Gatt Membership For Taiwan: An Analysis In International Law, Julia Ya Qin
Gatt Membership For Taiwan: An Analysis In International Law, Julia Ya Qin
Law Faculty Research Publications
No abstract provided.