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Articles 1 - 8 of 8
Full-Text Articles in Law
The Political Economy Of International Antitrust Harmonization, John O. Mcginnis
The Political Economy Of International Antitrust Harmonization, John O. Mcginnis
William & Mary Law Review
No abstract provided.
Institutional And Substantive Reform Of The Anti-Dumping And Subsidy Agreements – Lessons From The Israeli Experience, Arie Reich
ExpressO
This article proposes several amendments to the Anti-Dumping (AD) Agreement and the chapter on Countervailing Duties (CVD) of the Subsidies Agreement, drawing from the experience of the State of Israel in AD and CVD administration over more than a decade. In particular, the Article argues for the need for international regulation of the institutional settings of such administration within Member States. To this end, provisions should be added to the relevant WTO agreements that relate to the nature and composition of the national administering authorities, with the guiding principle being to ensure independence of the authorities and objectivity, fairness and …
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 …
Multilateral Environmental Agreements & World Trade, Melanie Nakagawa
Multilateral Environmental Agreements & World Trade, Melanie Nakagawa
Sustainable Development Law & Policy
No abstract provided.
Multilateral Environmental Agreements & World Trade, Melanie Nakagawa
Multilateral Environmental Agreements & World Trade, Melanie Nakagawa
Sustainable Development Law & Policy
No abstract provided.
Foreigners At The Gate: Foreign Direct Investment Regulations & Dispute Resolution Mechanisms In The People’S Republic Of China, George O. White Iii
Foreigners At The Gate: Foreign Direct Investment Regulations & Dispute Resolution Mechanisms In The People’S Republic Of China, George O. White Iii
Richmond Journal of Global Law & Business
The elevation of law over politics is very new in China and the extent to which it is to be taken seriously is not always clear to the Chinese involved. The Chinese official and the Chinese citizen are part of a political structure in which the Party’s will and policies have been the most effective law… Laws and regulations have to be understood in this wider context of a society in which the formal legal position is only one consideration and still often not the most important.
Federal Courts, International Tribunals, And The Continuum Of Deference, Roger P. Alford
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
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.