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Full-Text Articles in Law
Looking For Law In China I: Themes And Issues In Western Studies Of Chinese Law, Stanley B. Lubman
Looking For Law In China I: Themes And Issues In Western Studies Of Chinese Law, Stanley B. Lubman
Hong Yen Chang Center for Chinese Legal Studies
I have been studying Chinese law since the early 1960s – some have said that I began before there was any. The field has expanded so far beyond its narrow scope at that time that this overview will illustrate an old Chinese saying: "riding a horse and looking at flowers." I will first review the growth of this scholarly field, because it is necessary to understand that there are layers of scholarship that reflect first the paucity of formal legal institutions in Maoist China, then the appearance of first shoots of new or rebuilt institutions, and only recently the publication …
Looking For Law In China Iii: How Foreign Investors And Business Have Faced Legal Uncertainty In China, Stanley B. Lubman
Looking For Law In China Iii: How Foreign Investors And Business Have Faced Legal Uncertainty In China, Stanley B. Lubman
Hong Yen Chang Center for Chinese Legal Studies
This last of the three talks I will have given here at Oxford looks at yet another aspect of what I have called "looking for law in China." Today I will look at Chinese law from the perspective of foreign investors that have had to cope with the uncertainty of a business environment in which legal institutions have been vague, incomplete and weak. I speak to you today from under two hats, that of a scholar and that of practicing lawyer, since for over thirty years I have combined those two careers. My observations here, then, are not just those …
Looking For Law In China Ii: China’S Legal Reforms After Mao: Accomplishments And Future Prospects, Stanley B. Lubman
Looking For Law In China Ii: China’S Legal Reforms After Mao: Accomplishments And Future Prospects, Stanley B. Lubman
Hong Yen Chang Center for Chinese Legal Studies
In this talk I intend to summarize major accomplishments of Chinese law reform since 1978; and speculate on the future of Chinese law reform
- In the course of this talk, I will note where China began when legal reform was first undertaken in 1979, and the enormous size and scope of the task that was undertaken.
- I hope to give an indication both of the progress China has made, and of major obstacles to future reforms;
- I have chosen one area to emphasize because it may light the way for further meaningful reforms: administrative law
- I have also noted influences …
Trade And Human Rights: The Future Of U.S.-Vietnamese Relationships: Hearing Before The S. Comm. On Foreign Relations, 108th Cong., Feb. 12, 2004 (Statement Of Viet D. Dinh, Prof. Of Law, Geo. U. L. Center), Viet D. Dinh
Testimony Before Congress
No abstract provided.
Should The World Trade Organization Incorporate Labor And Environmental Standards?, Chantal Thomas
Should The World Trade Organization Incorporate Labor And Environmental Standards?, Chantal Thomas
Cornell Law Faculty Publications
No abstract provided.
The Case For Tradable Remedies In Wto Dispute Settlement, Kyle Bagwell, Petros C. Mavroidis, Robert W. Staiger
The Case For Tradable Remedies In Wto Dispute Settlement, Kyle Bagwell, Petros C. Mavroidis, Robert W. Staiger
Faculty Scholarship
In response to concerns over the efficacy of the WTO dispute settlement system, especially in regard to its use by developing countries, Mexico has tabled a proposal to introduce tradable remedies within the Dispute Settlement Understanding. The idea is that a country that has won cause before the WTO, and who is facing non-implementation by the author of the illegal act but feels that its own capacity to exercise its right to impose countermeasures is unlikely to lead to compliance, can auction off that right. The attractiveness of this idea is that it offers an additional possibility to injured WTO …
The Case For Auctioning Countermeasures In The Wto, Kyle Bagwell, Petros C. Mavroidis, Robert W. Staiger
The Case For Auctioning Countermeasures In The Wto, Kyle Bagwell, Petros C. Mavroidis, Robert W. Staiger
Faculty Scholarship
A major accomplishment of the Uruguay Round of GATT negotiations in creating the World Trade Organization (WTO) was the introduction of new dispute settlement procedures. These procedures were intended to provide a significant step forward, relative to GATT, in the settling of trade disputes, in large part by ensuring that violations of WTO commitments would be met with swift retaliation ("suspension of concessions") by the affected trading partners. While the dispute settlement procedures of the WTO indeed represent a considerable improvement over those in GATT, nine years of experience under the new procedures suggests that significant problems of enforcement remain …
International Decision: United States--Continued Dumping And Subsidy Offset Act Of 2000, Mark L. Movsesian
International Decision: United States--Continued Dumping And Subsidy Offset Act Of 2000, Mark L. Movsesian
Faculty Publications
This brief article is a report of an international decision of the World Trade Organization Appellate Body on January 16, 2003, concerning the United States’ Continued Dumping and Subsidy Offset Act of 2000 (WT/DS217 & 234/AB/R). Eleven WTO members—Australia, Brazil, Canada, Chile, the European Communities, India, Indonesia, Japan, Korea, Mexico, and Thailand—filed a challenge to the Byrd Amendment in the summer of 2001. A WTO dispute settlement panel, agreeing with the complaining parties, made two major findings. First, the panel concluded that the Byrd Amendment constitutes an impermissible specific action against dumping and subsidization under the Antidumping and SCM Agreements. …
Against Global Governance In The Wto, John O. Mcginnis, Mark L. Movsesian
Against Global Governance In The Wto, John O. Mcginnis, Mark L. Movsesian
Faculty Publications
In "Global Governance and the WTO," Professor Andrew Guzman has done an impressive job of articulating a vision of the World Trade Organization (WTO) that many international lawyers share. In this vision, the WTO's mission should be expanded beyond its present task of facilitating tariff reductions and preventing covert protectionism. Rather, the WTO should take on substantive authority in a wide variety of non-trade areas, including the environment, labor, human rights, and public health. Unlike many people who share this vision, Guzman takes the time to describe how it might best be accomplished. He advocates specialized WTO departments and periodic …
Transparency And Participation In The World Trade Organization, Steve Charnovitz
Transparency And Participation In The World Trade Organization, Steve Charnovitz
GW Law Faculty Publications & Other Works
This paper discusses the challenge of improving transparency and participation in the World Trade Organization (WTO). Part I explores the development in international trade law of the norm for transparency and participation at the national level. The analysis begins with Immanuel Kant and traces the history of the issue in trade through the League of Nations and then to the postwar trading system culminating in the WTO. Part II describes the WTO's practices regarding openness and public participation, and then criticizes the current limitations. Part III proposes several new steps for the WTO to take to promote transparency and participation. …
Using Framework Statutes To Facilitate U.S. Treatymaking, Steve Charnovitz
Using Framework Statutes To Facilitate U.S. Treatymaking, Steve Charnovitz
GW Law Faculty Publications & Other Works
This paper examines the two tracks used by the United States to negotiate and approve international treaties - (1) the traditional treaty process requiring Senate consent by a two-thirds vote and (2) the newer fast track process used for trade agreements, requiring Congressional passage of a law to approve and implement the agreement. Several historical and current examples are used such as the Treaty of Versailles and the Kyoto Protocol on climate change. The paper explains why the latter process is superior in many ways, and asks whether it should be applied more broadly beyond the topic of trade. Three …
An Analysis Of Pascal Lamy's Proposal On Collective Preferences, Steve Charnovitz
An Analysis Of Pascal Lamy's Proposal On Collective Preferences, Steve Charnovitz
GW Law Faculty Publications & Other Works
In September 2004, then-European Commissioner for Trade Pascal Lamy released his study on the political challenge of 'collective preferences' for the world trading system. Lamy defines 'collective preferences' as 'the end result of choices made by human communities that apply to the community as a whole'. The adoption of collective preferences by governments can complicate international trade when a good or service from an exporting country is not acceptable in an importing country. Collective preferences cause a problem for the WTO if the resulting measure violates WTO rules and yet the measure is too popular in the regulating country for …