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Articles 1 - 30 of 42
Full-Text Articles in Law
Developing Countries And Multilateral Trade Agreements: Law And The Promise Of Development, Chantal Thomas
Developing Countries And Multilateral Trade Agreements: Law And The Promise Of Development, Chantal Thomas
Chantal Thomas
No abstract provided.
Taking Care Of Business: The Legal Affairs Division From The Gatt To The Wto, Petros C. Mavroidis
Taking Care Of Business: The Legal Affairs Division From The Gatt To The Wto, Petros C. Mavroidis
Faculty Scholarship
The WTO is usually referred to as a ‘member-driven organisation’. This term aims to capture the idea that it is states and customs territories, the members of the WTO, that have the initiative to decide on the direction of the institution. The WTO Secretariat is more or less what the term denotes: staff hired in order to help the members realise their aspirations. This is as true today as it was yesterday. Actually, over the years the Secretariat has for various reasons accumulated extra responsibilities, always with the tacit acquiescence or explicit acknowledgement of the members. In short, the members …
International Trade In Services From The Japanese Viewpoint, Masato Dogauchi
International Trade In Services From The Japanese Viewpoint, Masato Dogauchi
Georgia Journal of International & Comparative Law
No abstract provided.
Trade In Services--Perspective Of The Developing World, Peter Gakunu
Trade In Services--Perspective Of The Developing World, Peter Gakunu
Georgia Journal of International & Comparative Law
No abstract provided.
Trade In Telecommunications Services, Jonathan D. Aronson
Trade In Telecommunications Services, Jonathan D. Aronson
Georgia Journal of International & Comparative Law
No abstract provided.
Perspective Of The Private Sector--Banking, F. William Hawley
Perspective Of The Private Sector--Banking, F. William Hawley
Georgia Journal of International & Comparative Law
No abstract provided.
Multilateral Negotiations On Trade In Services: Concepts, Goals, Issues, Bernard Ascher
Multilateral Negotiations On Trade In Services: Concepts, Goals, Issues, Bernard Ascher
Georgia Journal of International & Comparative Law
No abstract provided.
Trade In Services And The Uruguay Round, Mario A. Kakabadse
Trade In Services And The Uruguay Round, Mario A. Kakabadse
Georgia Journal of International & Comparative Law
No abstract provided.
Intellectual Property: Perspective Of The Developing World, Peter Gakunu
Intellectual Property: Perspective Of The Developing World, Peter Gakunu
Georgia Journal of International & Comparative Law
No abstract provided.
Towards An Intellectual Property Agreement In The Gatt: View From The Private Sector, Carol J. Bilzi
Towards An Intellectual Property Agreement In The Gatt: View From The Private Sector, Carol J. Bilzi
Georgia Journal of International & Comparative Law
No abstract provided.
Intellectual Property Protection: A United States Priority, Richard A. Morford
Intellectual Property Protection: A United States Priority, Richard A. Morford
Georgia Journal of International & Comparative Law
No abstract provided.
Congressional Perspective On Multilateral Trade Negotiations, Edgar L. Jenkins
Congressional Perspective On Multilateral Trade Negotiations, Edgar L. Jenkins
Georgia Journal of International & Comparative Law
No abstract provided.
Impetus In The United States For The Liberalization Of International Trade In Services, Gordon J. Cloney
Impetus In The United States For The Liberalization Of International Trade In Services, Gordon J. Cloney
Georgia Journal of International & Comparative Law
No abstract provided.
Services, Intellectual Property And The Major Issues Of The Uruguay Round, Claude E. Barfield
Services, Intellectual Property And The Major Issues Of The Uruguay Round, Claude E. Barfield
Georgia Journal of International & Comparative Law
No abstract provided.
The Trade Act Of 1988 And The Mtns: Long-Term Planning And Reform, Charles A. Hunnicutt
The Trade Act Of 1988 And The Mtns: Long-Term Planning And Reform, Charles A. Hunnicutt
Georgia Journal of International & Comparative Law
No abstract provided.
Current Status Of The Uruguay Round, Mario Kakabadse
Current Status Of The Uruguay Round, Mario Kakabadse
Georgia Journal of International & Comparative Law
No abstract provided.
Introduction, C. Ronald Ellington
Introduction, C. Ronald Ellington
Georgia Journal of International & Comparative Law
No abstract provided.
Changing Trends In The Content And Purpose Of Mexico's Intellectual Property Right Regime, Alan S. Gutterman
Changing Trends In The Content And Purpose Of Mexico's Intellectual Property Right Regime, Alan S. Gutterman
Georgia Journal of International & Comparative Law
No abstract provided.
Administrative Deference To Liberalizing And Maintaining Free Trade: An Argument For Allowing The Department Of Commerce To Bestow Retroactively Calculated Remedies Upon Importers Under Section 129(C)(1) Of The Uruguay Round Agreements Act, Daniel J. Olds
Georgia Journal of International & Comparative Law
No abstract provided.
Of The Inequals Of The Uruguay Round, Srividhya Ragavan, Srividhya Ragavan
Of The Inequals Of The Uruguay Round, Srividhya Ragavan, Srividhya Ragavan
Srividhya Ragavan
Ten years ago, the TRIPs Agreement set a distinct tone in international law by requiring Members to prioritize international trade obligations as a means to achieve national goals. Within the next five years, the AIDS crisis highlighted that compromising pressing national responsibilities-like a looming public health crisis-to fulfill international obligations may, in fact, detrimentally affect international trade. Meanwhile, access to medication continues to be an unresolved issue even as we celebrate the tenth anniversary of TRIPs and the end of the transitional period. This Article suggests that the success of TRIPs depends on its ability to address national responsibilities that …
The President, The Environment, And Foreign Policy: The Globalization Of Environmental Politics, David A. Wirth
The President, The Environment, And Foreign Policy: The Globalization Of Environmental Politics, David A. Wirth
David A. Wirth
By comparison with domestic environmental issues, international environmental diplomacy is distinguished by the far greater role of the Executive Branch, and in particular the President, in making law. This essay explores the legal consequences of the President's dual role in international environmental diplomacy: his duty faithfully to execute statutory mandates adopted by Congress while also serving as the Nation's chief diplomat and negotiator of international agreements with foreign powers. The piece discusses the legal and policy dynamics surrounding two concrete examples affecting domestic and international environmental policy, in which Presidential power assumes dramatically different forms: (1) climate change, and in …
Trips: A Link Too Far? A Proposal For Procedural Restraints On Regulatory Linkage In The Wto, Sean Pager
Trips: A Link Too Far? A Proposal For Procedural Restraints On Regulatory Linkage In The Wto, Sean Pager
Marquette Intellectual Property Law Review
In dramatically expanding the reach of international intellectual property law, the TRIPs Agreement both epitomizes a new trend toward globalized regulation and signaled a controversial shift in approach by the WTO away from its narrow focus on trade. Equally controversial was the manner in which TRIPs came about. By strategically linking intellectual property protection to substantively unrelated trade negotiations, developed countries were able to push through a much more ambitious harmonization of IP law than would otherwise have been possible. Such package dealing making offers a powerful mechanism to advance global governance. However, unrestricted use of linkage strategies risks suboptimal …
The Law Of The World Trade Organization And Its Domestic Implementation: With Special Reference To The People's Republic Of China, Hongliu Gong
Theses and Dissertations
On January 15, 1995, a new international economic organization came into being. The creation of the World Trade Organization (WTO), of which the tenth anniversary recently passed, marks "a watershed moment for the institutions of world economic relations reflected in the Bretton Wood system." Through a decade of existence, the WTO has grown into a "common institutional framework for the conduct of trade relations," serving to "develop an integrated, more viable and durable multilateral trading system."
Like many international economic organizations that emerged after World War II, the WTO is a treaty-established inter-governmental institution. "Treaties are often an awkward albeit …
Of The Inequals Of The Uruguay Round, Srividhya Ragavan, Srividhya Ragavan
Of The Inequals Of The Uruguay Round, Srividhya Ragavan, Srividhya Ragavan
Marquette Intellectual Property Law Review
Ten years ago, the TRIPs Agreement set a distinct tone in international law by requiring Members to prioritize international trade obligations as a means to achieve national goals. Within the next five years, the AIDS crisis highlighted that compromising pressing national responsibilities-like a looming public health crisis-to fulfill international obligations may, in fact, detrimentally affect international trade. Meanwhile, access to medication continues to be an unresolved issue even as we celebrate the tenth anniversary of TRIPs and the end of the transitional period. This Article suggests that the success of TRIPs depends on its ability to address national responsibilities that …
Interpreting Urugual Round Agreements Act Section 102(B)'S Safeguards For State Sovereignty: Reconciling Judicial Independence With The United States Trade Representative's Policy Expertise, Brandon Johnson
Michigan Journal of International Law
In this Note, I address the concerns of one aspect of this academic commentary-the claim that the WTO Agreement may cause a tectonic shift in domestic regulatory power, away from the states and toward the federal government and/or the WTO. I argue that while the concerns about the loss of national sovereignty are exaggerated, there is a very real threat to the sovereignty of the States. Congress was aware of this danger and included a variety of provisions designed specifically to protect state sovereignty from federal encroachment in the Uruguay Round Agreements Act (URAA), the federal legislation incorporating the WTO …
National Incentives To Protect Natural Resources: Preserving Their Place In International Trade, Paul S. Kibel
National Incentives To Protect Natural Resources: Preserving Their Place In International Trade, Paul S. Kibel
Publications
This Dialogue attempts to place the conflict between the principles of negative externalities and comparative advantage in a less theoretical context. To that end, the author examines the relationship between national incentives to protect natural resources and international trade rules that seek to restrict the use of natural resource subsidies. The author further evaluates the extent to which the international trade rules account for the problem of negative externalities, and the extent to which the rules recognize the potentially effective role that national incentive programs can play in correcting market failures. From this evaluation, the author concludes that the legitimacy …
The Uruguay Round And The World Trade Organization: A New Era Dawns In The Private Law Of International Customs And Trade, Paulsen K. Vandevert
The Uruguay Round And The World Trade Organization: A New Era Dawns In The Private Law Of International Customs And Trade, Paulsen K. Vandevert
Case Western Reserve Journal of International Law
corporate comment
Procedural Issues In Wto Dispute Resolution, Peter Lichtenbaum
Procedural Issues In Wto Dispute Resolution, Peter Lichtenbaum
Michigan Journal of International Law
This article identifies particularly significant procedural issues that are arising in WTO dispute resolution and comments on the possible evolutionary paths of the law. This task requires that the article strike a balance between breadth of coverage and depth of coverage. As a result, the article does not aim to provide a complete discussion of all aspects of the WTO dispute resolution system and generally does not discuss issues that have not been addressed by WTO panels. The article does not seek to provide an exhaustive analysis of each issue discussed, and therefore deals briefly with the background under the …
Dumping And Anti-Dumping In International Trade Origins, Legal Nature, And Evolution Developments In Brazil And In The United States, Luiz Claudio Duarte
Dumping And Anti-Dumping In International Trade Origins, Legal Nature, And Evolution Developments In Brazil And In The United States, Luiz Claudio Duarte
LLM Theses and Essays
Dumping is when an exporting country sells their goods in the foreign market for less than the price of the goods in their own domestic market. Dumping has a negative connotation because it threatens domestic industries in the importing country. In response to harmful dumping situations, mechanisms of defense have been developed to protect nations from unfair trade practices. The General Agreement on Tariffs and Trade (GATT) recognizes in Article VI anti-dumping tariffs as a legitimate defense to protect domestic industries from foreign predatory pricing practices. This paper focuses on anti-dumping developments in international trade since the beginning of the …
Major Changes In Council Regulation 3283/94: Its Compatibility With The Uruguay Round Anti-Dumping Code, Sangsoo Son
Major Changes In Council Regulation 3283/94: Its Compatibility With The Uruguay Round Anti-Dumping Code, Sangsoo Son
LLM Theses and Essays
Dumping can be defined as exporting goods at prices below those charged on the domestic market or at prices insufficient to recover the cost of the goods sold. Dumping is considered an unfair trading practice because it interferes with free market economy principles. During the 1980s, anti-dumping measures were an important issue for a few developed countries that had attractive markets for foreign producers; these countries were the United States, the European Community, Canada, and Australia. The European Community (EC) has developed its own anti-dumping laws over the years; Article 113 of the EEC Treaty gives power to Community institutions …