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Articles 1 - 7 of 7
Full-Text Articles in Law
Greenhouse Gas Regulation And Border Tax Adjustments: The Carrot And The Stick, M. Benjamin Eichenberg
Greenhouse Gas Regulation And Border Tax Adjustments: The Carrot And The Stick, M. Benjamin Eichenberg
Golden Gate University Environmental Law Journal
Global climate change due to the emission of anthropogenic, or manmade, greenhouse gases (GHGs) has the most widely dispersed costs of any transboundary environmental problem that the international community has yet faced. In other words, it is a global public problem and thus provides few incentives for unilateral or individual mitigation. This makes finding solutions difficult because international coalitions must face the problem of free-riders who benefit from reduced GHG concentrations at zero cost—those who make the economically rational decision to let others reduce atmospheric GHG concentrations while they continue to build GHG-intensive economies. Three of the primary complaints raised …
Rules Of Origin As International Trade Hindrances, Hatem Mohamed Mabrouk
Rules Of Origin As International Trade Hindrances, Hatem Mohamed Mabrouk
Hatem Mohamed Mabrouk
This paper talks about the usage of Rules of Origin (RoO) as protectionist apparatuses in different regional trade areas, as the North American Free Trade Area, the African Growth and Opportunity Act and the South African Development Community, and the usage of RoO as trade-diverting tools. In addition, the paper talks about the spaghetti-bowl phenomenon, with an emphasis on the Asia-Pacific Economic Cooperation region, and clarifies how to achieve a proper harmonization of both non-preferential and preferential RoO as a solution to overcome the previously mentioned odds facing international trade. Moreover, the paper suggests the adoption of more solutions as …
Reforming Fairness: The Need For Legal Pragmatism In The Wto Dispute Settlement Process, Webb Mcarthur
Reforming Fairness: The Need For Legal Pragmatism In The Wto Dispute Settlement Process, Webb Mcarthur
Richmond Journal of Global Law & Business
The World Trade Organization (“WTO”) dispute settlement system is intended to be the central pillar of the international trade system by which trade disputes involving WTO member states are adjudicated, whether regarding trade in goods, services, or in intellectual property rights. However, an innocuous statement such as this, when closely considered, indicates potential problems for the system. The WTO is an international treaty-based organization, established in 1994 by 123 countries in Marrakesh, Morocco. In addition to settling disputes in international trade, the WTO is also a negotiating forum and a set of rules. The organization is more than a “table” …
Stretching The Dispute Settlement Understanding: U.S.—Cotton’S Relaxed Interpretation Of Cross-Retaliation In The World Trade Organization, David J. Townsend
Stretching The Dispute Settlement Understanding: U.S.—Cotton’S Relaxed Interpretation Of Cross-Retaliation In The World Trade Organization, David J. Townsend
Richmond Journal of Global Law & Business
In August 2009, the World Trade Organization (“WTO”) au-thorized Brazil to impose sanctions against the United States for its continued subsidization of cotton producers in violation of the WTO Agreement on Subsidies and Countervailing Measures (“SCM Agreement”) and the Agreement on Agriculture. The WTO approved Brazil’s use of sanctions outside the General Agreement on Tariffs and Trade (“GATT”), authorizing cross-retaliation against rights owed to the United States under the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”). This is the third case of cross- retaliation authorized by a WTO arbitrator under the Understanding on Rules and Procedures Governing the …
U.S. Climate Change Policy V. International Trade Rules: Complying With Gatt, Tina R. Goel
U.S. Climate Change Policy V. International Trade Rules: Complying With Gatt, Tina R. Goel
Sustainable Development Law & Policy
No abstract provided.
World Trade Organization Agreements And Principles As A Vehicle For The Attainment Of Energy Security, Dennis J. Hough Jr.
World Trade Organization Agreements And Principles As A Vehicle For The Attainment Of Energy Security, Dennis J. Hough Jr.
Richmond Journal of Global Law & Business
Do you remember how you felt on Wednesday, January 7, 2009? Perhaps you do not. I know how some Europeans felt — cold. That was the day that Russia stopped all natural gas exports to Ukraine. By itself, this was a serious course of action. However, because Ukraine is the main transmission corridor for natural gas pipelines shipping gas to Europe, the situation commanded worldwide attention.
Trade And Sustainable Development, Padideh Ala'i
Trade And Sustainable Development, Padideh Ala'i
Articles in Law Reviews & Other Academic Journals
The creation of the WTO in 1995 has brought GATT Article X (and other procedural provisions) and Article XX to the forefront of WTO jurisprudence. The provisions of the WTO Agreements reflect the reality of the administrative state and with it the recognition that categories of regulation (such as sanitary and phyto-sanitary regulations or technical regulations or standards) are legitimate irrespective of their impact on trade. The focus of WTO panels and the Appellate Body has shifted from harmonization and mutual recognition to transparency in application and administration. It has also required the WTO dispute settlement mechansim to engaged in …