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Articles 31 - 49 of 49
Full-Text Articles in Law
Towards A New Core International Copyright Norm: The Reverse Three-Step Test, Daniel J. Gervais
Towards A New Core International Copyright Norm: The Reverse Three-Step Test, Daniel J. Gervais
Vanderbilt Law School Faculty Publications
This paper argues that international copyright treaties, such as the WTO TRIPS Agreement, should no longer be developed as sets of minimum standards with a standardized exception filter, namely the three-step test, but rather include a normative standard for the copyright rights themselves. In seeking harmony between rights and exceptions, and in light of copyright haphazard evolution (by simply adding new rights when a new way of using protected content was invented), a single new core norm is proposed: the reverse three-step test.
Intellectual Property, Trade & Development: The State Of Play, Daniel J. Gervais
Intellectual Property, Trade & Development: The State Of Play, Daniel J. Gervais
Vanderbilt Law School Faculty Publications
This Article considers, first, available economic, social, and cultural analyses of the impact of intellectual property protection in developing countries. Economics provides a useful set of analytical tools and are directly relevant, in particular since the successfully arranged marriage of IP and trade rules after which it became inevitable that IP rules would be measured using an economic yardstick. The Paper also considers the claim that making proper intellectual property policy is impossible or inherently unreliable because theoretical models are inadequate or valid empirical data unavailable. Against this backdrop, the Article then examines the emergence of the World Trade Organization …
The Free Trade Agreement Paradox, Meredith Kolsky Lewis
The Free Trade Agreement Paradox, Meredith Kolsky Lewis
Journal Articles
No abstract provided.
International Trade Agreements: Vehicle For Better Public Health?, David P. Fidler, Jason Sapsin, Ann Marie Kimball
International Trade Agreements: Vehicle For Better Public Health?, David P. Fidler, Jason Sapsin, Ann Marie Kimball
Articles by Maurer Faculty
No abstract provided.
Facing China: Taiwan’S Status As A Separate Customs Territory In The World Trade Organization, Pasha L. Hsieh
Facing China: Taiwan’S Status As A Separate Customs Territory In The World Trade Organization, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
On Nov 11, 2001, in Doha, Qatar, the Fourth Ministerial Conference of the World Trade Organization (WTO) unanimously approved Taiwan's application for WTO membership, just 24 hours after approving China's admission. Taiwan's choice as the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu, abbreviated as Chinese Taipei, in the WTO, instead of its official name, Republic of China (PRC), shows its reluctant compromise with political reality. The PRC's claim that accession procedures applying to Taiwan and Hong Kong should be identical erroneous because, under international trade law, the ROC is the automatic government acting on behalf of Taiwan and …
Non-Violation Complaints: Wto Issues And Recent Free Trade Agreements, Locknie Hsu
Non-Violation Complaints: Wto Issues And Recent Free Trade Agreements, Locknie Hsu
Research Collection Yong Pung How School Of Law
The proliferation of free trade agreements (FTAs) in the last decade has resulted in an accompanying increase in dispute settlement regimes pertaining to those agreements. One obvious consequence is that increasingly, states are exposing themselves to such complaints, and not necessarily with the limitations that have been imposed on the at General Agreement on Tariffs and Trade (GATT)/World Trade Organization (WTO). The inherent ambiguity surrounding non-violation complaints at the WTO, and other risks relating to such complaints, are being multiplied manifold by these FTAs. The non-violation concept appears to have originated even before the GATT came into being. Developing-country FTA …
Book Review, Lakshman D. Guruswamy
Central American-Dominican Republic Free Trade Agreement: Sources Of Information, Barbara H. Garavaglia
Central American-Dominican Republic Free Trade Agreement: Sources Of Information, Barbara H. Garavaglia
Articles
Globalization and fre trade are usually discussed in a political context in the United States as well as in other areas of the world. As a consequence, it can be difficult to find neutral, basic information about recent new trade agreements, such as the Central American-Dominican Republic Free Trade Agreement (CAFTA-DR), because much of the information found in the news or on the Web is polemical, and it takes time for the legal literature to provide the kind of legal analysis needed by practicing attorneys. This short piece is an attempt to provide links to free, Web-based information on CAFTA-DR …
The Cotton And Sugar Subsidies Decisions: Wto's Dispute Settlement System Rebalances The Agreement On Agriculture, Stephen J. Powell, Andrew Schmitz
The Cotton And Sugar Subsidies Decisions: Wto's Dispute Settlement System Rebalances The Agreement On Agriculture, Stephen J. Powell, Andrew Schmitz
UF Law Faculty Publications
As far back as David Ricardo's shattering insight as to comparative advantage in 1817, agriculture has enjoyed special favor in trade. The unique place of farming was so well established by the time the 1947 General Agreement on Tariffs and Trade ("GATT") was negotiated that GATT's tight disciplines on government interference with free trade not only exempted government protections to growers, but in fact were drafted to be fully consistent with the agricultural policies of the major signatories. While it would be an exaggeration to argue that GATT' s first half century was without impact on agricultural benefits, the sector …
Buyers' Remedies In General And Buyers' Performance-Oriented Remedies (25th Anniversary Of The United Nations Convention On Contracts For The International Sale Of Goods), Harry Flechtner
Articles
This paper focuses on Articles 45, 46 and 28 of the CISG - provisions that, despite their importance in the substantive scheme of the Convention, have not generated a great deal of case law or controversy. Article 45, the lead provision of Section III ("Remedies for Breach of Contract by the seller") of Part III, Chapter II of the CISG, provides an overview or catalogue of an aggrieved buyer's remedies (Article 45(1)), along with a rule that coordinates buyers' remedies (Article 45(2)) and a rule of general applicability for all of the buyers' remedies (Article 45(3)). Article 46 provides for …
Nominating Manfred Forberich: The Worst Cisg Decision In 25 Years?, Harry Flechtner, Joseph Lookofsky
Nominating Manfred Forberich: The Worst Cisg Decision In 25 Years?, Harry Flechtner, Joseph Lookofsky
Articles
The co-authors propose awarding a Razzie' award for the worst decision on the United Nations Convention on Contracts for the International Sale of Goods ("CISG") to the U.S. (federal) district court decision in Raw Materials Inc. v. Manfred Forberich GmbH. We argue the Razzie is deserved because of the decision's bald-faced violation of the interpretational methodology required (as a matter of U.S. treaty obligations) in approaching the CISG - specifically, its use of U.S. domestic law as a guide to interpreting the Convention, in clear violation of the requirement in CISG Article 7(1) that the treaty be interpreted from an …
The "Comity" Of Empagran: The Supreme Court Decides That Foreign Competition Regulation Limits American Antitrust Jurisdiction Over International Cartels, Sam Halabi
Articles, Chapters in Books and Other Contributions to Scholarly Works
In 2004, the U.S. Supreme Court determined that the amorphous doctrine of "comity between nations" limited the reach of U.S. antitrust laws where an international cartel had a direct, substantial and foreseeable effect on U.S. commerce (as the statute provided) but where damages were suffered in foreign markets only. The Article challenges the reasoning of the majority, arguing that so limiting the reach of the antitrust laws is not only inconsistent with the statute's intent, but ultimately removes an important source of cartel deterrent.
Environmental Trade Measures, The Shrimp-Turtle Rulings, And The Ordinary Meaning Of The Text Of The Gatt, Howard F. Chang
Environmental Trade Measures, The Shrimp-Turtle Rulings, And The Ordinary Meaning Of The Text Of The Gatt, Howard F. Chang
All Faculty Scholarship
No abstract provided.
Past, Present, And Future Of Antitrust Enforcement At The Federal Trade Commission, Robert Pitofsky
Past, Present, And Future Of Antitrust Enforcement At The Federal Trade Commission, Robert Pitofsky
Georgetown Law Faculty Publications and Other Works
The period from 1970 to the present - roughly a third of a century - has witnessed profound changes in the quality of regulation at the Federal Trade Commission and a remarkable convergence of antitrust enforcement policy between left and right, and between primarily legal as opposed to primarily economic approaches. With respect to substantive law, areas of intellectual debate and uncertainty remain, but viewpoint differences that existed between the 1960s and the 1980s are today vastly reduced. In the 1960s, emphasis was on populist values, hostility to "Bigness," protection of competitors (especially small business) as opposed to the competitive …
The Wto, Export Subsidies, And Tax Competition, Reuven S. Avi-Yonah
The Wto, Export Subsidies, And Tax Competition, Reuven S. Avi-Yonah
Book Chapters
From its beginnings late in the 19th century, the modem state has been financed primarily by progressive income taxation. The income tax differs from other forms of taxation (such as consumption or social security taxes) in that in theory it includes income from capital in the tax base, even if it is saved and not consumed. Because the rich save more than the poor, a tax that includes income from capital in its base is more progressive (taxes the rich more heavily) than a tax that excludes income from capital (e.g., a consumption tax or a payroll tax). However, the …
Come Together? Producer Welfare, Consumer Welfare, And Wto Rules, Petros C. Mavroidis
Come Together? Producer Welfare, Consumer Welfare, And Wto Rules, Petros C. Mavroidis
Faculty Scholarship
This chapter explains why the dynamic of World Trade Organization (WTO) negotiations tends to lead to the progressive liberalization of market-access barriers promoting consumer welfare. As all agreements tend to be ‘incomplete’, it is a legitimate task of WTO judges to clarify progressively the WTO requirements of nondiscriminatory treatment of like goods and of like services. The additional requirements, in the WTO Agreements on Technical Barriers to Trade and on Sanitary and Phytosanitary Standards, to base restrictive measures on the ‘necessity principle’ and on ‘scientific evidence’, offer useful ‘double checks’ for judicial identification of protectionist measures. While the WTO rules …
Estudio Comparativo De La Formacion De Contratos Electronicos En El Derecho Estadounidense Con Referencia Al Derecho International Y Al Derecho Mexicano, Roberto Rosas
Faculty Articles
The author presents the underlying fundamental contractual principles in American law, and in this respect, tire Uniform Commercial Code, with particular emphasis in how electronic transactions are regulating, and therefore in the Uniform Computer Information Transaction Act, the Uniform Electronic Transactions Act, and the Electronic Signatures in Global and National Commerce Act. Concerning international law, the United Nations Convention on Contracts for the International Sale of Goods and concerning Mexican law, with reference to the Commerce Code and the Federal Civil Code.
The Trust And Distrust Of Intellectual Property Rights, Peter K. Yu
The Trust And Distrust Of Intellectual Property Rights, Peter K. Yu
Faculty Scholarship
In the past, intellectual property issues were considered complex, obscure, and highly technical; they were only of interest and concern to intellectual property attorneys, legal scholars, technology developers, and rightsholders. Thanks to the Internet and new communications technologies, however, intellectual property has now begun to play a more significant role in society.
In December 2003, the first phase of the World Summit on the Information Society (WSIS) was held in Geneva. While the conference affirmed the importance of intellectual property rights and free access to information and knowledge, the resulting Declaration of Principles and Plan of Action fail to address …
Let's Stick Together (And Break With The Past): The Use Of Economic Analysis In Wto Dispute Litigation, Petros C. Mavroidis
Let's Stick Together (And Break With The Past): The Use Of Economic Analysis In Wto Dispute Litigation, Petros C. Mavroidis
Faculty Scholarship
The treatment of a number of issues that are being routinely discussed in WTO dispute settlement practice could benefit substantially, were economists to be institutionally implicated in the process. As things stand, the participation of economists in dispute settlement proceedings is infrequent and erratic: for all practical purposes, it depends on the discretion of WTO adjudicating bodies. There is indirect evidence that recourse to such expertise has been made, albeit on very few occasions. Institutional reforms are necessary; otherwise, it seems unlikely that the existing picture will change in the near future. A look into ongoing negotiations on the DSU …