Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 22 of 22

Full-Text Articles in Law

Lodging The Sustainable Development Goals In The International Trade Regime: From Trade Rhetoric To Trade Plethoric, Nasser A. Alreshaid Jun 2016

Lodging The Sustainable Development Goals In The International Trade Regime: From Trade Rhetoric To Trade Plethoric, Nasser A. Alreshaid

Nasser A Alreshaid

While the international community is stimulated by the new sustainable development goals’ impetus, the global trade regime lives through its 40’s mid-life crisis and anticipates what it does not know. Views of the multilateral trading system being stalled by a proliferation of other preferential trade agreements, signal a deep inquiry into this policy trend. What this paper intends to highlight though, is that if lessons are drawn from the new sustainable development goals, these global trade challenges could be mere air turbulence. By introducing the needs of states and their constituents through these goals, an inclusive and more representative international …


International Trade And Investment Law And Carbon Management Technologies, Shi-Ling Hsu, Nigel Bankes, Anatole Boute, Sarah Mccalla, Steve Charnovitz, Liz Whitsitt, Nicholas Rivers Feb 2013

International Trade And Investment Law And Carbon Management Technologies, Shi-Ling Hsu, Nigel Bankes, Anatole Boute, Sarah Mccalla, Steve Charnovitz, Liz Whitsitt, Nicholas Rivers

Shi-Ling Hsu

Reducing emissions of greenhouse gases will require the development of carbon management technologies that are not currently available or that are not currently cost-effective. While market mechanisms such as carbon pricing must play a central role in stimulating the development of these technologies, governmental policy aimed at fostering carbon management technologies and lowering their costs must also play a part. Both types of policies will form part of an optimal greenhouse gas control portfolio.

This article develops a framework of international trade and investment law insofar as they may affect carbon management technologies. While it is commonly perceived that international …


Rise Of The Intercontinentalexchange And Implications Of Its Merger With Nyse Euronext, Latoya C. Brown Jan 2013

Rise Of The Intercontinentalexchange And Implications Of Its Merger With Nyse Euronext, Latoya C. Brown

Latoya C. Brown, Esq.

This paper examines the impending merger between the IntercontinentalExchange (ICE) and NYSE Euronext against the backdrop of the current structure of the global financial services industry. The paper concludes that the merger embodies what the financial services industry is becoming and captures the model that will allow exchanges to remain competitive in today’s marketplace: mega-exchanges with broader asset classes and electronic platforms. As technology and globalization threaten their vitality, exchanges will need to continue reinventing and adapting. Increasingly over the last decade they have done so by merging and by moving, at least a part of, their operations on screen. …


U.S.Foreign Trade Zones, Tax-Free Trade Zones Of The World, And Their Impact On The U.S. Economy, Susan W. Tiefenbrun Aug 2012

U.S.Foreign Trade Zones, Tax-Free Trade Zones Of The World, And Their Impact On The U.S. Economy, Susan W. Tiefenbrun

Susan W Tiefenbrun

ABSTRACT

U.S. Foreign Trade Zones, Tax-Free Trade Zones of the World, and Their Impact on the United States Economy , by Susan Tiefenbrun

Free trade zones (FTZs) date back to the time of the Phoenicians; they developed in the l970s and proliferated from 1980 until today. FTZs are duty-free areas where goods may be warehoused, processed, sold, serviced, distributed, showcased, packaged, labeled, sorted, assembled, and/or manufactured as finished goods prior to re-exporting them as duty-exempt finished products. More than one 135 countries operate tax-free trade zones. There are more than 3,500 of these zones and subzones all over the world, …


Illuminating Corruption Pathways: Modifying The Fcpa’S “Grease Payment” Exception To Galvanize Anti-Corruption Movements In Developing Nations, Ivan Perkins Aug 2012

Illuminating Corruption Pathways: Modifying The Fcpa’S “Grease Payment” Exception To Galvanize Anti-Corruption Movements In Developing Nations, Ivan Perkins

Ivan Perkins

The Article proposes a new web-based reporting and publication system for “grease” or “facilitating” payments under the Foreign Corrupt Practices Act (“FCPA”). The FCPA penalizes the bribery of foreign government officials, but contains an exception for facilitating payments, made to expedite “routine governmental actions” such as mail or telephone services. Noting the ambiguities within the exception, many commentators and practitioners have called for its abolition. The Article proposes a different solution: entities making facilitating payments should be required to report these payments to the Department of Justice (“DOJ”). Then, the DOJ would publish this information on a website, with graphics …


Historical Development Of Brazilian And European Legislation On Beef And Their Relation In The International Trade, Luis Augusto Nero Dr. Nov 2011

Historical Development Of Brazilian And European Legislation On Beef And Their Relation In The International Trade, Luis Augusto Nero Dr.

Luis Augusto Nero Dr.

Since the beginning of the XX century, Brazil has developed the industrial exploitation of cattle slaughtering to satisfy both internal market and exportation, mainly to European countries and USA. The laws of importing countries on cattle health and beef safety have always been a benchmark for Brazilian ones, since the very beginning of beef industry, until the promulgation of WTO-SPS agreement. The aim of this article is to compare the historical development of Brazilian and European food laws concerning beef, and to establish associations between law-making and Brazilian beef production and exportation


Developmental Responses To The International Trade Legal Regime, Michelle R. Sanchez-Badin Mrs. Jan 2011

Developmental Responses To The International Trade Legal Regime, Michelle R. Sanchez-Badin Mrs.

Michelle R Sanchez-Badin Mrs.

The paper departs from two cases dealing with the impacts of the global trade regime rules, implemented with the creation of the World Trade Organization (WTO) and its assembled agreements, in domestic regulation in Brazil, and the succeeding alternative development strategies undertaken by the country either at the national or the international levels. The selected examples are about intellectual property regulation and the HIV policy, and public institutional arrangements on trade finance to the civil aircraft sector. The WTO rules applied in these fields – trade related intellectual property rights and subsidies rules – have been condemned as the most …


The New Poor At Our Gates: Global Justice Implications For International Trade And Tax Law, Ilan Benshalom Feb 2009

The New Poor At Our Gates: Global Justice Implications For International Trade And Tax Law, Ilan Benshalom

Ilan Benshalom

The Article explains why international trade and tax arrangements should advance global wealth redistribution in a world of enhanced economic integration. Despite the indisputable importance of global poverty and inequality, contemporary political philosophy stagnates over the controversy of whether distributive justice obligations should extend beyond the political framework of the nation state. This stagnation results from the difficulty of reconciling liberal impartiality with notions of state sovereignty and accountability. The Article offers an alternative approach that bypasses the controversy of the current debate. It argues that international trade results in relational distributive duties when domestic parties engage in transactions with …


The New Poor At Our Gates: Global Justice Implications For International Trade And Tax Law, Ilan Benshalom Feb 2009

The New Poor At Our Gates: Global Justice Implications For International Trade And Tax Law, Ilan Benshalom

Ilan Benshalom

The Article explains why international trade and tax arrangements should advance global wealth redistribution in a world of enhanced economic integration. Despite the indisputable importance of global poverty and inequality, contemporary political philosophy stagnates over the controversy of whether distributive justice obligations should extend beyond the political framework of the nation state. This stagnation results from the difficulty of reconciling liberal impartiality with notions of state sovereignty and accountability. The Article offers an alternative approach that bypasses the controversy of the current debate. It argues that international trade results in relational distributive duties when domestic parties engage in transactions with …


The New Poor At Our Gates: Global Justice Implications For International Trade And Tax Law, Ilan Benshalom Feb 2009

The New Poor At Our Gates: Global Justice Implications For International Trade And Tax Law, Ilan Benshalom

Ilan Benshalom

The Article explains why international trade and tax arrangements should advance global wealth redistribution in a world of enhanced economic integration. Despite the indisputable importance of global poverty and inequality, contemporary political philosophy stagnates over the controversy of whether distributive justice obligations should extend beyond the political framework of the nation state. This stagnation results from the difficulty of reconciling liberal impartiality with notions of state sovereignty and accountability. The Article offers an alternative approach that bypasses the controversy of the current debate. It argues that international trade results in relational distributive duties when domestic parties engage in transactions with …


Ethanol Diplomacy: Brazil And Us In Search Of Renewable Energies, Wilson Jesus Beserra Almeida Jan 2009

Ethanol Diplomacy: Brazil And Us In Search Of Renewable Energies, Wilson Jesus Beserra Almeida

Wilson Jesus Beserra Almeida

The objective of this study is to broaden the discussion regarding renewable energies to better un- derstand relations between the United States and Brazil. The administrations of those nations, as well as certain companies from each country, have already begun the search for creative solutions for what is considered today the biggest problem facing our planet: the imminent lack of energy once oil runs out.


Is China A ‘Currency Manipulator’?: The Legitimacy Of China’S Exchange Regime Under The Current International Legal Framework, Bryan Mercurio, Celine Sze Ning Leung Jan 2009

Is China A ‘Currency Manipulator’?: The Legitimacy Of China’S Exchange Regime Under The Current International Legal Framework, Bryan Mercurio, Celine Sze Ning Leung

Bryan Mercurio

While most economists are in agreement that China’s currency is undervalued, economists are less certain as to the effect of the undervaluation. Despite the equivocal data, critics of China’s regime claim that the undervaluation leads to cheaper, and therefore increased exported goods, while at the same time raising the price of imported goods. For this reason, U.S. lawmakers perpetually raise the issue and periodically initiate legislation, which would deem China a “currency manipulator” and thus trigger retaliatory measures. Lawyers are less certain whether there can be a multilateral solution to the perceived problem.

With the existing legal literature consisting mostly …


Institutional Arrangements, Property Rights And The Endogenity Of Comparative Advantage, Nita Ghei Oct 2008

Institutional Arrangements, Property Rights And The Endogenity Of Comparative Advantage, Nita Ghei

Nita Ghei

Comparative advantage is determined not merely by exogenous factor endowments. Institutional arrangements, and security of property rights, affect comparative advantage and the pattern of trade as well. Developing countries would be better off using their scarce institutional capital on securing property rights rather than trying to pick “winners” using strategic trade policy.


The Case For The Plain Packaging Of Tobacco Products, Becky Freeman, Simon Chapman, Matthew Rimmer Apr 2008

The Case For The Plain Packaging Of Tobacco Products, Becky Freeman, Simon Chapman, Matthew Rimmer

Matthew Rimmer

The global Framework Convention on Tobacco Control (FCTC) requires nations to ban all tobacco advertising and promotion. In the face of these restrictions, tobacco packaging has become the key promotional vehicle for the tobacco industry to interest smokers and potential smokers in tobacco products. This paper reviews available research into the likely impact of mandatory plain packaging and internal tobacco industry statements about the importance of packs as promotional vehicles. It critiques legal objections raised by the industry about plain packaging violating laws and international trade agreements, showing these to be without foundation. Plain packaging of all tobacco products would …


Feeling Good Or Doing Good: Inefficacy Of The U.S. Unilateral Sanctions Against The Military Government Of Burma/Myanmar, Thihan M. Nyun Jan 2008

Feeling Good Or Doing Good: Inefficacy Of The U.S. Unilateral Sanctions Against The Military Government Of Burma/Myanmar, Thihan M. Nyun

Thihan M Nyun

No abstract provided.


The Trials Of Winning At The Wto: What Lies Behind Brazil's Success, Michelle R. Sanchez-Badin Mrs., Gregory Shaffer, Barbara Rosenberg Jan 2008

The Trials Of Winning At The Wto: What Lies Behind Brazil's Success, Michelle R. Sanchez-Badin Mrs., Gregory Shaffer, Barbara Rosenberg

Michelle R Sanchez-Badin Mrs.

This Article aims to advance our understanding of three sets of interrelated questions: who shapes international trade law through litigation and bargaining; how do they do so; and what broader effects do international trade law and judicialization have within a country. The Article builds from four years of empirical investigation of international trade dispute settlement and its impact in Brazil. Its point of entry is an examination of what lies behind Brazil's use of the legal regime of the World Trade Organization (WTO), including in litigation, negotiations and ad hoc bargaining. We assess how the WTO legal regime has affected …


Intellectual Property Piracy: Perception And Reality In China, The United States, And Elsewhere, Aaron Schwabach Sep 2007

Intellectual Property Piracy: Perception And Reality In China, The United States, And Elsewhere, Aaron Schwabach

Aaron Schwabach

The article is intended as a counterpoint to the all-too-frequent portrayal of China as the world’s leading violator of intellectual property rights. In fact, by many measures China, taken as a whole, is not the leading violator. Some measures show China as the leading violator only because they are aggregates, and do not take into account China’s size. When figures are adjusted for population, China’s rates of intellectual property violation are lower than those of many other countries, including the United States. The article first looks at examples of the current round of political and media China-bashing. It then examines …


The Ebb & Flow Of The United States Coast Guard: Our Forgotten Heroes In Times Of Crisis, Lynne D. Shelton May 2007

The Ebb & Flow Of The United States Coast Guard: Our Forgotten Heroes In Times Of Crisis, Lynne D. Shelton

Lynne D Shelton

The Ebb and Flow of the United States Coast Guard: Our Forgotten Heroes The American public is constantly reminded by advertising that armed forces are protecting their freedoms. It is common to turn on a television or radio and hear “the few, the proud the Marines” or even the newly touted “Army of One” Arguably, however, it is the Coast Guard who are the forgotten heroes who have been protecting our borders for over 200 years. The Coast Guard's motto is “Semper Paratus,” meaning "Always Ready". The United States Coast Guard, (USCG) has participated in every U.S. conflict from landing …


The Ebb & Flow Of The United States Coast Guard: Our Forgotten Heroes In Times Of Crisis, Lynne D. Shelton May 2007

The Ebb & Flow Of The United States Coast Guard: Our Forgotten Heroes In Times Of Crisis, Lynne D. Shelton

Lynne D Shelton

The Ebb and Flow of the United States Coast Guard: Our Forgotten Heroes The American public is constantly reminded by advertising that armed forces are protecting their freedoms. It is common to turn on a television or radio and hear “the few, the proud the Marines” or even the newly touted “Army of One” Arguably, however, it is the Coast Guard who are the forgotten heroes who have been protecting our borders for over 200 years. The Coast Guard's motto is “Semper Paratus,” meaning "Always Ready". The United States Coast Guard, (USCG) has participated in every U.S. conflict from landing …


’Including Trade In Counterfeit Goods’: The Origins Of Trips As A Gatt Anti-Counterfeiting Code, Christopher Wadlow Jan 2007

’Including Trade In Counterfeit Goods’: The Origins Of Trips As A Gatt Anti-Counterfeiting Code, Christopher Wadlow

Christopher Wadlow

Like corruption, commercial counterfeiting has no apologists and no redeeming features. The World Trade Organisation (WTO) TRIPs Agreement incorporates provisions intended to address the problem of counterfeit goods in international trade, but these seem to have achieved little more than to slow the trajectory of its growth. However, the low profile of these provisions within TRIPs disguises the fact that TRIPs itself may ultimately be traced to a modest initiative by American business interests to include an “anti-counterfeiting code” within the GATT Tokyo round. This article describes the origins and history of the code, and its gradual metamorphosis into the …


Science In The Process Of Risk Regulation Under The Wto Agreement On Sanitary And Phytosanitary Measures, Lukasz A. Gruszczynski Jan 2006

Science In The Process Of Risk Regulation Under The Wto Agreement On Sanitary And Phytosanitary Measures, Lukasz A. Gruszczynski

Lukasz A Gruszczynski

This article attempts to present a comprehensive and coherent picture of the position occupied by science under the SPS Agreement and in the SPS case law. It claims that the approach adopted by the Appellate Body reflects the explicit language of the SPS Agreement and is predominantly based on a technical paradigm. In consequence, science plays a critical role in distinguishing between legal and illegal SPS measures. The article argues that such an approach is generally compatible with the text of the SPS Agreement and provides a coherent SPS system. However, it also identifies certain areas, which lack coherence, as …


The Dead Poets Society: The Copyright Term And The Public Domain, Matthew Rimmer Jun 2003

The Dead Poets Society: The Copyright Term And The Public Domain, Matthew Rimmer

Matthew Rimmer

In a victory for corporate control of cultural heritage, the Supreme Court of the United States has rejected a constitutional challenge to the Sonny Bono Copyright Term Extension Act 1998 (U.S.) by a majority of seven to two. This paper evaluates the litigation in terms of policy debate in a number of discourses - history, intellectual property law, constitutional law and freedom of speech, cultural heritage, economics and competition policy, and international trade. It argues that the extension of the copyright term will inhibit the dissemination of cultural works through the use of new technologies - such as Eric Eldred's …