Law Commons^™

Fda's Consideration Of Codex Alimentarius Standards In Light Of International Trade Agreements, Lucinda Sikes

Lucinda Sikes

No abstract provided.

How Much Does Law Matter - Labor Law, Competition, And Waterfront Labor Relations In Rotterdam And U.S. Ports, Robert Kagan

Robert Kagan

In both the Netherlands & the US, law has helped rationalize the hiring of port labor & provide dockworkers greater security. However, US longshoremen have captured a larger share of the productivity gains flowing from the mechanization of cargo handling than have Dutch dockworkers. At the same time, the constraints imposed by US longshore unions have made container terminals in the US less efficient & more costly to users, as compared to Rotterdam terminals. These differences can in part be explained by US labor law, which encourages a more adversarial, self-seeking union posture than does the labor law structure in …

The North American Free Trade Agreement And Its Legacy On The Resolution Of Intellectual Property Disputes, James Cooper

James M. Cooper

This essay focuses on NAFTA and the contributions that this regional trade pact made to protect IPR and settle intellectual property (IP) disputes. It also explores the legacy of NAFTA in the context of the eventual WTO, and the rights provided by the TRIPS Agreement that was concluded as part of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) negotiations. Section II provides a brief historical background on how NAFTA fit into the world as countries began aligning themselves by creating various trade agreements. Section III surveys the provisions and legacy of NAFTA with respect to …

Reinventing The Development Wheel Of The World Trading System (Reviewing Sonia E. Rolland, Development At The World Trade Organization (2012)), Sungjoon Cho

Sungjoon Cho

No abstract provided.

A Study Of Interest, John Gotanda

John Y Gotanda

In recent years, a number of tribunals, mainly those deciding investment disputes, have re-examined traditional practices concerning the awarding of interest, particularly whether interest should be awarded at market rates and on a compounded basis. However, many tribunals deciding transnational contracts disputes continue to follow the practice of applying national laws on interest, which often results in the application of domestic statutory interest rates calling for a fixed rate of interest to accrue on a simple as opposed to compound basis. These statutory rates often do not change to reflect economic conditions and thus may under compensate or over compensate …

Half Full Or Half Empty?: The Hong Kong Wto Ministerial Conference Has Delivered An Interim Deal For The Doha Round Negotiation, Sungjoon Cho

Sungjoon Cho

No abstract provided.

Awarding Damages Under The United Nations Convention On The International Sale Of Goods: A Matter Of Interpretation, John Gotanda

John Y Gotanda

This article seeks to further a great aspiration of international law, providing a uniform set of rules governing trade. To this end, it offers a new method of interpreting the United Nations Convention on the International Sale of Goods that would foster greater uniformity among decisions calculating damages.

Claims for damages in transnational contract disputes often involve millions of dollars. While the Convention provides for the awarding of damages, the relevant articles set forth only the most basic framework for calculating damages. To resolve unsettled issues concerning the calculation of damages, courts and tribunals have turned to domestic rules, instead …

The Troubled Status Of Wto Doha Round Negotiations, Sungjoon Cho

Sungjoon Cho

No abstract provided.

The Future Of The Wto: Report By The Consultative Board, Sungjoon Cho

Sungjoon Cho

No abstract provided.

Recovering Lost Profits In International Disputes, John Gotanda

John Y Gotanda

Claims for lost profits in international disputes often involve millions of dollars. Because national laws on the awarding of lost profits are typically vague and determining the amount of lost profits that a claimant is owed often requires a tribunal to examine complex economic and financial data, these claims raise arguably the most complicated issues for a tribunal deciding a transnational contract dispute. This has resulted in awards of lost profits that seem inconsistent or arbitrary. This article thoroughly examines the awarding of future lost profit damages in transnational contact disputes. It contains a comparative study of laws on the …

Punitive Damages: A Comparative Analysis, John Gotanda

John Y Gotanda

In light of expanding international trade, it is increasingly likely that politicians, courts and tribunals will wrestle with whether punitive damages are appropriate in transnational disputes, and whether countries that traditionally do no allow exemplary relief should recognize and enforce foreign awards of such damages. Furthermore, by seeing how different systems address these problems, we can gain a deeper understanding of the role of punitive damages in our own legal system and be better able to deal with punitive damages issues in the international arena. This Article undertakes a thorough comparative study of punitive damages in common law countries. It …

Compliance With Non-Binding Norms Of Trade And Finance, David Wirth

David A. Wirth

No abstract provided.

Trade And Inequality: Economic Justice And The Developing World, Frank Garcia

Frank J. Garcia

No abstract provided.