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International Trade Law

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Full-Text Articles in Law

An Evaluation Of The Alignment Of Liberian Fisheries Laws With Relevant International Legal Instruments To Combat Iuu Fishing In The Exclusive Economic Zone And Territorial Sea, Kla-Edward, Ii Toomey Oct 2023

An Evaluation Of The Alignment Of Liberian Fisheries Laws With Relevant International Legal Instruments To Combat Iuu Fishing In The Exclusive Economic Zone And Territorial Sea, Kla-Edward, Ii Toomey

World Maritime University Dissertations

No abstract provided.


Relationship Between Hinterland Connectivity With Logistics Performance: A Case Of Sarawak, Malaysia, Nur Haziqah Binti Japar Oct 2022

Relationship Between Hinterland Connectivity With Logistics Performance: A Case Of Sarawak, Malaysia, Nur Haziqah Binti Japar

World Maritime University Dissertations

No abstract provided.


A Socio-Economic Analysis Of Automated Container Terminal (Act) Concept In Indonesia : Case Study : New Priok Container Terminal One, Febri Triana Hartami Siagian Oct 2022

A Socio-Economic Analysis Of Automated Container Terminal (Act) Concept In Indonesia : Case Study : New Priok Container Terminal One, Febri Triana Hartami Siagian

World Maritime University Dissertations

No abstract provided.


Impact Of Maritime Trade On The Sierra Leonean Economy, Raju Gidwani Oct 2022

Impact Of Maritime Trade On The Sierra Leonean Economy, Raju Gidwani

World Maritime University Dissertations

No abstract provided.


Analysis Of The Relationship Between International Trade And Economic Growth Of Jordan, Mohammed Ali Salem Shubeilat Oct 2022

Analysis Of The Relationship Between International Trade And Economic Growth Of Jordan, Mohammed Ali Salem Shubeilat

World Maritime University Dissertations

No abstract provided.


Nowcasting Gdp Of Singapore Through-The-Lens Of Maritime Trade And Services, Amrita Kumar Saha, Laxmi Hari Kamath, Pfarlin Imperio Cortes Oct 2022

Nowcasting Gdp Of Singapore Through-The-Lens Of Maritime Trade And Services, Amrita Kumar Saha, Laxmi Hari Kamath, Pfarlin Imperio Cortes

World Maritime University Dissertations

No abstract provided.


Inconsistency Crisis And Reformative Proposals Of Investor-State Arbitration System- Umbrella Clauses Considered, Abdallah Elsayed May 2022

Inconsistency Crisis And Reformative Proposals Of Investor-State Arbitration System- Umbrella Clauses Considered, Abdallah Elsayed

Theses and Dissertations

The main purpose of investment treaties is to provide guarantees and protections for the investors in order to maintain the flow of foreign direct investment. As a consequence, when disputed, an adjudicator confronts a dilemma of figuring out the actual intention that the parties consented to. As for umbrella clauses are concerned, an interpreter falls into a loop to attain whether the parties consented to prioritize investor’s interest and elevate any contractual breach to the level of a treaty breach, or to consider the state’s regulatory power. The root could be traced to the interpretation process itself. Human conduct differs …


The Legality Of The European Union’S Carbon Border Adjustment Mechanism And The Limitations Of World Trade Organization Rules On Effective Climate Action, Delaney Smith Apr 2022

The Legality Of The European Union’S Carbon Border Adjustment Mechanism And The Limitations Of World Trade Organization Rules On Effective Climate Action, Delaney Smith

Honors Theses

In July 2021, the European Union proposed the creation of a carbon border adjustment mechanism, a trade mechanism that would levy a carbon price against imported goods. This mechanism, the first of its kind, has the potential to address weaknesses in the EU’s existing domestic cap and trade system and create a financial incentive for other nations to reduce their carbon emissions. However, legal experts have raised concerns that this mechanism may violate the rules of the World Trade Organization. If another member state raises a complaint against the measure, the European Union will be forced to navigate the World …


The Legal And Social Challenges Involved In The Expansion Of Multinational Operations: A Case Study Of Exxonmobil Indonesia, Shashaank Rajaraman Apr 2022

The Legal And Social Challenges Involved In The Expansion Of Multinational Operations: A Case Study Of Exxonmobil Indonesia, Shashaank Rajaraman

Senior Theses

Within this paper, I will analyze the legal and social relations between multinational corporations and their host countries. This analysis will be conducted through viewing the circumstances surrounding Doe v. ExxonMobil within the District of Columbia Circuit Court, in which ExxonMobil has engaged in litigation regarding their human rights record within the country of Indonesia. Through secondary research conducted both within business and legal journals, information about the practices of ExxonMobil can be examined and utilized to make general conclusions upon the corporate diplomacy practiced by multinational corporations.


Voices From Below—Africa’S Contribution To The Development Of The Norm Of Corporate Responsibility To Respect Human Rights, Akinwumi Olawuyi Ogunranti Jan 2022

Voices From Below—Africa’S Contribution To The Development Of The Norm Of Corporate Responsibility To Respect Human Rights, Akinwumi Olawuyi Ogunranti

PhD Dissertations

The long conversations about corporate responsibility predominantly take place in forums and conferences in the Global North. Yet, the majority of the human rights abuses and their impacts are felt by peasants, farmers, children, and women in local communities in the Global South who do not have a voice in the institutionalized governance systems that animate global affairs. This thesis answers the question of how norms and human rights institutions in Africa can influence the corporate responsibility to respect (CR2R) norm as embedded in pillar II of the United Nations Guiding Principles on Business and Human Rights. Through the theory …


The Role Of Investor-State Tribunals In Determining The Scope And Content Of The Fair And Equitable Treatment Standard – Legitimate Expectations And Proportionality, Simon Bianchi Jan 2022

The Role Of Investor-State Tribunals In Determining The Scope And Content Of The Fair And Equitable Treatment Standard – Legitimate Expectations And Proportionality, Simon Bianchi

LL.M. Essays & Theses

In recent years, the legitimacy of the investor-State dispute settlement (“ISDS”) has been called into question and several initiatives, such as the UNCITRAL Working Group III, are currently looking at various ways to enhance such legitimacy and ensure the sustainability of ISDS. In this respect, certain scholars like Professors Sornarajah and van Harten claim that the interpretative process undertaken by investor-State tribunals has contributed to this legitimacy crisis among others because the application of vague standards, such as fair and equitable treatment (“FET”), involves applying subjective notions of what adjudicators perceive as desirable developments of investment law. By contrast, other …


A Comparative Study Of Copyright Protection In China And The U.S, In The Context Of U.S-China Trade Disputes, Lin Zhu Oct 2021

A Comparative Study Of Copyright Protection In China And The U.S, In The Context Of U.S-China Trade Disputes, Lin Zhu

Theses and Dissertations

Intellectual property rights (IPR) are almost central subjects in US-China relations. The debates between the two countries over IPR protection have been more like an endless chess puzzle. It has become a popular topic to compare the two countries to gain a deep understanding of the legal differences and the reasons of disputes in this regard. To a certain extent, the two countries represent the future course of copyright development. Therefore, this paper attempts to compare the copyright legal system of the two countries by examining the historical development of foreign copyright protection, including domestic legislation and international conventions.


A 'Critical Mass' Approach To Negotiations In The Wto: A Case Study Analysis, Temitope O. Adeyemi Aug 2021

A 'Critical Mass' Approach To Negotiations In The Wto: A Case Study Analysis, Temitope O. Adeyemi

Electronic Thesis and Dissertation Repository

The thesis examines the viability of the ‘critical mass’ approach to negotiations as a proper substitute for conventional negotiating formats in present and future World Trade Organization (WTO) trade negotiations. The thesis provides an overview of the traditional negotiating formats in the WTO and its predecessor, the General Agreement on Tariffs and Trade of 1947 (GATT 1947). A case study approach is adopted in the thesis to explain the concept of the critical mass-based negotiating modality in the WTO context. The primary case studies are the existing WTO Information Technology Agreement, the WTO Basic Telecommunication Agreement, the WTO Financial Services …


Three Essays On Preferential Trade Agreement And Trade Policy, Kefang Yao Jun 2021

Three Essays On Preferential Trade Agreement And Trade Policy, Kefang Yao

Dissertations and Theses Collection (Open Access)

This dissertation consists of three chapters on Preferential Trade Agreements (PTAs) and trade policies. Increasing in numbers rapidly since 1990s, PTAs have extended their traditional focus on tariff reduction to deeper policy integration in areas such as competition policy, intellectual property rights, investment, and movement of capital. The first chapter of the dissertation uses a recently released dataset of PTA contents to quantify impacts of the horizontal depth of trade agreements on bilateral trade flows and national welfare for the period of 1980-2015. The results indicate that agreements that are deeper (covering a wider range of policy areas) contribute to …


The Interpretation Of International Investment Treaties: The Application Of Mfn Clauses To Matters Of Dispute Settlement In Bits, Amr Mostafa Aabed Abdo Jan 2021

The Interpretation Of International Investment Treaties: The Application Of Mfn Clauses To Matters Of Dispute Settlement In Bits, Amr Mostafa Aabed Abdo

Theses and Dissertations

The decisions of the arbitral tribunals have been under heavy attack for the inconsistent and unintended interpretations that went beyond the intent of the parties as it is expressed in the treaty provisions. One of these misinterpreted provisions is the MFN clause. Many tribunals have used this clause to allocate the adjudicatory authority between international arbitration and domestic courts. The problem of this application is a matter of treaty interpretation that is governed by the international rules of interpretation in the VCLT. These rules provide a balance approach to treaty interpretation and recognize equally the legitimate rights and interests of …


The Impact Of Concession Agreements As Public-Private Partnership Tools On Port Performance : The Case Of Tema Port Container Terminal Concession Agreement, Margaret Aidoo Quarcoopome Nov 2020

The Impact Of Concession Agreements As Public-Private Partnership Tools On Port Performance : The Case Of Tema Port Container Terminal Concession Agreement, Margaret Aidoo Quarcoopome

World Maritime University Dissertations

No abstract provided.


The Impact Of Liner Shipping Bilateral Connectivity On Bilateral Trade Flows : A Case Of The Republic Of Korea, Hyeongseok Kim Nov 2020

The Impact Of Liner Shipping Bilateral Connectivity On Bilateral Trade Flows : A Case Of The Republic Of Korea, Hyeongseok Kim

World Maritime University Dissertations

No abstract provided.


Transhipment Regulations And Activities In Tuna Regional Fisheries Management Organizations, Maleeha Haleem Nov 2020

Transhipment Regulations And Activities In Tuna Regional Fisheries Management Organizations, Maleeha Haleem

World Maritime University Dissertations

No abstract provided.


Regulating Multinational Corporations In International Investment Law And Arbitration: Towards Limiting The Treaty Shopping, Sharaf Khaled Alsharaf Nov 2020

Regulating Multinational Corporations In International Investment Law And Arbitration: Towards Limiting The Treaty Shopping, Sharaf Khaled Alsharaf

Maurer Theses and Dissertations

This study examines the limitations of treaty shopping in international investment law and arbitration by recognizing some steps and factors that states, especially developing states, and arbitral tribunals may consider regarding the purpose and objective of investment agreements and contracting states’ viewpoints. The focus is solely on the multinational corporation as a corporate investor. To understand these limitations, this study has divided the topic through three separate research questions. The first question is how a state can regulate MNCs in a way that limits their ability to practice treaty shopping, whether domestically or internationally via BITs or regional investment agreement, …


Proposing A Constructivist Approach To Resolving Trade Conflicts Under The African Continental Free Trade Area Agreement (Afcfta): A Cross-Jurisdictional Analysis, Oluwayesi Sanni Oct 2020

Proposing A Constructivist Approach To Resolving Trade Conflicts Under The African Continental Free Trade Area Agreement (Afcfta): A Cross-Jurisdictional Analysis, Oluwayesi Sanni

LLM Theses

Essentially a research of an interdisciplinary nature, this thesis seeks to carefully combine budding thoughts from two different areas of scholarship in order to present a unique underlying perspective. On the one hand, there is the study of conflict and its resolution from such intrinsic standpoint as to appreciate it as constitutive of the Society with the aim of achieving more wholesome outcomes that accentuates the uniqueness of each society. On the other hand, the recent coming to force of AfCFTA has left so much for scholars to grapple with, including how its dispute settlement regime could reflect more on …


The Preemptive Effect Of The Cisg On Tort Claims Under Us Law, Phutchaya Numngern Sep 2020

The Preemptive Effect Of The Cisg On Tort Claims Under Us Law, Phutchaya Numngern

Maurer Theses and Dissertations

This thesis emphasizes a core concept of the preemptive effect that uniform law may have on other domestic norms. It exemplifies the situation in which the laws and principles of contracts, particularly the uniform laws and principles formulated for transnational sales, can exclude or limit tort liability. This study does not object to the recognition of concurrency of claims under contract and tort law. On the contrary, it accepts that the contracting party’s right to both contract and tort actions is commonly recognized in many legal systems, especially the common law system. Tort liability could be actionable insofar as the …


Preliminary Study On Cloud Bill Of Lading Issue, Yanchi Chen Aug 2020

Preliminary Study On Cloud Bill Of Lading Issue, Yanchi Chen

World Maritime University Dissertations

No abstract provided.


An Empirical Assessment Of Trade Engagement: Linking China, Africa And The Belt And Road Initiative, Stersha Alleyne Aug 2020

An Empirical Assessment Of Trade Engagement: Linking China, Africa And The Belt And Road Initiative, Stersha Alleyne

World Maritime University Dissertations

No abstract provided.


Three Essays On International Trade Policies, Xin Yi Jun 2020

Three Essays On International Trade Policies, Xin Yi

Dissertations and Theses Collection (Open Access)

This dissertation studies the empirical and quantitative implications of trade policies. The first chapter examines the effects of trade policies on quality specialization across cities within a country. Specifically, we complement the quality specialization literature in international trade and study how larger cities within a country produce goods with higher quality. We first establish three stylized facts on how product quality is related to agglomeration, firm productivity, and worker skills. We then rationalize these facts in a spatial equilibrium model where all the elements mentioned above are present and firms are free to choose their locations. Using firm-level data from …


Global Animal Law And International Trade Law After Ec-Seal Products: An Interactional Analysis, Katie Sykes May 2020

Global Animal Law And International Trade Law After Ec-Seal Products: An Interactional Analysis, Katie Sykes

PhD Dissertations

This thesis is a case study of the formation of new norms in international law. The norms are those that concern animal protection. The thesis argues that international trade law is playing a part in the development of international legal norms for animal protection. The theoretical model applied is interactional international law, the theory of the constructivist international legal scholars Jutta Brunnée and Stephen Toope. Interactional theory posits that legitimate, binding international law arises from norms based on shared understandings, exhibits specifically legal characteristics that correspond to Lon Fuller’s criteria of legality, and is created, maintained and supported through interaction …


The Legal Feasibility Of Ratification Of The United Nations Convention On Contracts For The International Sale Of Goods (Cisg) By Saudi Arabia: A Comparative Study Between Cisg And Islamic Law, Ibrahim Mansour Alwehaibi Mar 2020

The Legal Feasibility Of Ratification Of The United Nations Convention On Contracts For The International Sale Of Goods (Cisg) By Saudi Arabia: A Comparative Study Between Cisg And Islamic Law, Ibrahim Mansour Alwehaibi

Maurer Theses and Dissertations

This study examines the legal feasibility of ratification of the United Nations Convention on Contracts for International Sale of Goods (CISG) by Saudi Arabia as well other Islamic countries that apply Islamic law (Sharia). To understand the feasibility, this study is divided in three parts. Part One serves as a brief introduction to the CISG and Islamic Law (which is the governing contract law in Saudi Arabia). Part Two provides a comparison between the provisions of the CISG and Islamic Law, assessing whether they conflict or are compatible with one another. It is challenging to examine the entire Convention, so …


Impact Of Umm Qasr Port On Iraqi Trade: Case Study Of Container Terminal In Umm Qasr Port, Asaad Saeed Desher Nov 2019

Impact Of Umm Qasr Port On Iraqi Trade: Case Study Of Container Terminal In Umm Qasr Port, Asaad Saeed Desher

World Maritime University Dissertations

No abstract provided.


The Role Of Port Authority In Hybrid Governance Structure: A Comparative Case Study Of Laem Chabang Port And Bangkok Port, Thailand, Yatimaporn Poontai Nov 2019

The Role Of Port Authority In Hybrid Governance Structure: A Comparative Case Study Of Laem Chabang Port And Bangkok Port, Thailand, Yatimaporn Poontai

World Maritime University Dissertations

No abstract provided.


Logistics Performance And Its Impact To Exports Growth Of Sri Lanka, Sebastian Shanika Roshini Nov 2019

Logistics Performance And Its Impact To Exports Growth Of Sri Lanka, Sebastian Shanika Roshini

World Maritime University Dissertations

No abstract provided.


The Origins Of The Jones Act Of Puerto Rico, Stephanie Mercedes Sep 2019

The Origins Of The Jones Act Of Puerto Rico, Stephanie Mercedes

Dissertations, Theses, and Capstone Projects

After the Spanish-American War that ended in 1898, Puerto Rico was given to the United States by Spain as a war booty, becoming a US colony. The first law ever created by the United States to control Puerto Rico was the Foraker Act (also known as the Organic Act of 1900). This established a civilian government in Puerto Rico. It also extended the federal government rulings to the island. After its creation, the Puerto Rican population began to wonder what their political status was since nothing was concretized until the Jones Act was signed. The Merchant Marine Act of 1920, …