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Full-Text Articles in Law
The "Race To The Bottom" Returns: China's Challenge To The International Labor Movement, Stephen F. Diamond
The "Race To The Bottom" Returns: China's Challenge To The International Labor Movement, Stephen F. Diamond
Cornell Law Faculty Publications
No abstract provided.
Poverty Reduction, Trade, And Rights, Chantal Thomas
Poverty Reduction, Trade, And Rights, Chantal Thomas
Cornell Law Faculty Publications
No abstract provided.
Enforcement Of Wto Rulings: An Interest Group Analysis, Mark L. Movsesian
Enforcement Of Wto Rulings: An Interest Group Analysis, Mark L. Movsesian
Faculty Publications
The WTO's Dispute Settlement Understanding ("DSU") provides that disputes are to be resolved in adversarial proceedings before impartial panels of experts. These panels have authority to decide whether members' laws conform to WTO requirements; members may appeal rulings to a permanent Appellate Body within the organization, which has the final say on questions of law and legal interpretation. Under the DSU, if a member fails to comply with a final ruling in a dispute, the prevailing party may retaliate by suspending trade concessions that it owes the offending member. This retaliation can continue until the offending member implements the WTO's …
Restoring Faith In Government: Transparency Reform In The United States And The European Union, Amanda Frost
Restoring Faith In Government: Transparency Reform In The United States And The European Union, Amanda Frost
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Dormant Commerce Clause And The Hormones Problem, Donald H. Regan
The Dormant Commerce Clause And The Hormones Problem, Donald H. Regan
Book Chapters
It is obvious that no anti-discrimination regime can stop at forbidding explicit discrimination of the relevant sort. If only explicit discrimination is forbidden, lawmakers who want to discriminate can hide their discriminatory intentions behind facially neutral classifications that are nonetheless chosen because they differentially burden the protected class. So, we must be prepared to invalidate some facially neutral laws that have "discriminatory effect" or, as American lawyers often call it, "disparate impact." On the other hand, we cannot possibly invalidate all laws which have a disparate impact on a protected class; many perfectly reasonable laws adopted for completely innocent purposes …
Do World Trade Organization Dispute Settlement Reports Affect The Obligations Of Non-Parties? -- Response To Mcnelis, Donald H. Regan
Do World Trade Organization Dispute Settlement Reports Affect The Obligations Of Non-Parties? -- Response To Mcnelis, Donald H. Regan
Articles
In the June 2003 issue of this Journal, Natalie McNelis argued that when a World Trade Organization (WTO) dispute is settled by a Dispute Settlement Body (DSB) report, even Members who are not parties to the dispute have an obligation to conform their behaviour to legal principles laid down in the report. 1 Although I am generally sympathetic to McNeis's conclusion-and although I think she does a great service by directing our attention to the question of how Members, as opposed to later tribunals, should respond to DSB reports-I think her argument cannot stand as she presents it. After explaining …
Further Thoughts On The Role Of Regulatory Purpose Under Article Iii Of The General Agreement On Tariffs And Trade: A Tribute To Bob Hudec, Donald H. Regan
Further Thoughts On The Role Of Regulatory Purpose Under Article Iii Of The General Agreement On Tariffs And Trade: A Tribute To Bob Hudec, Donald H. Regan
Articles
My topic in this article is the role of regulatory purpose under Article III of the GATT, and I regard Bob [Hudec] as the patron saint of efforts to establish the relevance of purpose. His famous "Requiem for an 'Aims and Effects' Test" may have been called a requiem, but it was reluctant and sceptical. Bob thought dispute settlement tribunals ought to consider the regulator's purpose, and he thought they would do so, whatever they said. As decisions on Article III accumulate, we are in the process of learning that he was right on both counts.