Law Commons^™

Law Without Links: Re-Locating International Economic Law Within The Sphere Of Law And Society, Alexandra R. Harrington

Alexandra R. Harrington

Abstract: Law Without Links, Alexandra R. Harrington. This article argues that, in order to understand international economic law now and in the future, it is necessary to relocate it squarely within international law rather than as a subgroup at best, or an almost separate entity at worst. The reason for this argument is the author’s belief that attempts to create or define international economic law as occupying a separate space in relationship to international law ignore the intertwined nature of these areas of law, threatening to undermine their ability to work in tandem – and with other areas of international …

Dubai's New Intellectual Property-Based Economy: Prospects For Development Without Dependency, Amir Khoury

Amir Khoury

The Emirate of Dubai has, as a result of deliberate policy actions, been able to reinvigorate, indeed to reinvent, its Intellectual Property Potential. That is to say Dubai has boosted its ability to be the originator (and creator) of intellectual property subject-matter, rather than merely a consumer thereof. Dubai has achieved the two conditions through which an intellectual property régime becomes a valuable national asset for a country with an initially low Intellectual Property Potential; namely a structured regulatory framework coupled with effective infrastructure-related action. Dubai's undertakings in the intellectual property sphere go to show that even a country that …

Will Benefits Of Communicating Face-To-Face Drive Widespread Adoption Of Telepresence For Use In Commercial Negotiation?, Brian D. Mckenzie

Brian D. McKenzie

People are famously egocentric, short-sighted, risk-averse, competitive, and insecure. All of these human characteristics are in play during a face-to-face negotiation, where a negotiator’s ability to control his own characteristics while observing those of his opponent can have a significant impact on the outcome of the negotiation. While highly effective, face-to-face negotiation suffers from the expense of drawing geographically disparate parties into close physical proximity. As a result, alternatives for business have been developed, such as telephone, and email, but this paper will demonstrate how each falls short of the “personal experience” of face-to-face negotiation, and how such a deficiency …

Faceting The Future: The Need For And Proposal Of The Adoption Of A Kimberley Process-Styled Legitimacy Certification System For The Global Gemstone Market, Alexandra R. Harrington

Alexandra R. Harrington

Abstract: Faceting the Future: The Need for and Proposal of the Adoption of a Kimberley Process-Styled Legitimacy Certification System for the Global Gemstone Market, Alexandra R. Harrington, Esq.

Diamonds, so the song goes, are a girl’s best friend. According to various advertisement campaigns, diamonds are also a unique symbol of emotion because they are “forever.” It is certainly difficult to challenge these assertions as to the beauty of a diamond. However, these societal perceptions often overshadow the importance and history of other gemstones. The Bible refers several times to the value of rubies. Throughout history, gemstones of all varieties have …

Water As A Public Good: The Status Of Water Under The General Agreement On Tariffs And Trade, Bryant Walker Smith

Bryant Walker Smith

Is water a “product” subject to the World Trade Organization (WTO)’s General Agreement on Tariffs and Trade (GATT)? I argue that it is not, because the established, widespread, and consistent assertion by states of public ownership over their water resources through both municipal and international law (the “public-ownership consensus”) precludes any reading of GATT that would fundamentally alter the unique status of those resources. My reasoning therefore differs from others who have addressed this issue in that I first examine the broader legal context in which the WTO exists and then consider how that context compels an interpretation of “product” …

Immigration Restriction As Redistributive Taxation: Working Women And The Costs Of Protectionism In The Labor Market, Howard F. Chang

All Faculty Scholarship

In this paper, I argue that tax and transfer policies are more efficient than immigration restrictions as instruments for raising the after-tax incomes of the least skilled native workers. Policies to protect these native workers from immigrant competition in the labor market do no better at promoting distributive justice and are likely to impose a greater economic burden on natives in the country of immigration than the tax alternative. These immigration restrictions are especially costly given the disproportionate burden that they place on households with working women, which discourages female participation in the labor force. This burden runs contrary to …

Anticompetitive Trade Remedies: How Antidumping Measures Obstruct Market Competition, Sungjoon Cho

Sungjoon Cho

No abstract provided.

Development By Moving People: Unearthing The Development Potential Of A Gats Visa, Sungjoon Cho

Sungjoon Cho

No abstract provided.

The Duty Of Treatment: Human Rights And The Hiv/Aids Pandemic, Noah B. Novogrodsky

Noah B Novogrodsky

This article argues that the treatment of HIV and AIDS is spawning a juridical, advocacy and enforcement revolution. The intersection of AIDS and human rights was once characterized almost exclusively by anti-discrimination and destigmatization efforts. Today, human rights advocates are demanding life-saving treatment and convincing courts and legislatures to make states pay for it. Using a comparative Constitutional law methodology that places domestic courts at the center of the struggle for HIV treatment, this article shows how the provision of AIDS medications is reframing the right to health and the implementation of socio-economic rights. First, it locates an emerging right …

Facebook 2 Blackberry And Database Trading Systems: Morphing Social Networking To Business Growth In A Global Recession, Roger M. Groves

Roger M. Groves

FACEBOOK 2 BLACKBERRY AND DATABASE TRADING SYSTEMS: MORPHING SOCIAL NETWORKING TO BUSINESS GROWTH IN A GLOBAL RECESSION Summary Facebook has now applications to the Blackberry Smartphone and IPhone. And Facebook has exploded internationally. If the Facebook social networking technology has applications to Blackberry, why not business? And as any business looks for growth, the market is not an existing heavily saturated United States, but a global market. Can the Facebook model of data sharing be customized to propel US technology firms into new international markets? This article claims the affirmative, through a multilateral clearing system, with credits and vouchers, as …

Is Nafta A Good Model For China?: Lessons From Mexico And The United States, Carmen G. Gonzalez

Carmen G. Gonzalez

In response to skyrocketing food prices, the global financial crisis, and the degradation of farm lands due to urbanization and industrialization, China has placed rural development at the top of its political agenda. China’s renewed emphasis on rural development is taking place against a backdrop of global efforts to reduce trade barriers in the agricultural sector. This article uses the North American Free Trade Agreement (NAFTA) as a case study on the complex ways that trade policy affects domestic efforts to protect the environment and promote rural development. The objective is to draw lessons from the experiences of the United …

Biofuels, Subsidies, And Dispute Settlement In The Wto, Bryant Walker Smith

Bryant Walker Smith

The first WTO panels to tackle a biofuels dispute under the Agreement on Subsidies and Countervailing Measures will navigate a murky sea of conflict, gridlock, and uncertainty that the subsidies agreement did not contemplate and that the failed Doha round did not resolve. This article charts these waters. It identifies both the values that the panels will confront and the interpretive tools that they will wield. It further argues that dispute settlement may become the primary driver of an otherwise stagnant regime, and it sketches three competing visions for protecting the “legally binding security of expectations” that underscores that regime.