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Full-Text Articles in Law

Enforcement Of Wto Rulings: An Interest Group Analysis, Mark L. Movsesian Jan 2003

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 …


Federal Courts, International Tribunals, And The Continuum Of Deference, Roger P. Alford Jan 2003

Federal Courts, International Tribunals, And The Continuum Of Deference, Roger P. Alford

Journal Articles

The focus of the article is the degree of deference that federal courts should confer on the decisions of international tribunals. The Supreme Court has suggested that respectful consideration should be given to international tribunal decisions, but absent further guidance, federal courts have haphazardly addressed the question of what effect to give to their judgments. What is needed is a methodology for deference. For the first time in scholarly literature this article proposes such a methodology for all international tribunals based on seven models that have been applied to different international tribunals and should be applied to dozens of others. …


A Guide To International And Foreign Legal Research Online, Jennifer L. Selby Jan 2003

A Guide To International And Foreign Legal Research Online, Jennifer L. Selby

Law Librarian Scholarship

Today, legal researchers in foreign and international law can enhance their search capabilities with web-based resources. However, a few caveats about doing foreign and international legal research on the web include: 1) not all material is available through the web, and the web is not always the fastest way to obtain materials; and 2) the web can be a good source of current and recent information, however, often older legal materials are not found on the web.