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Articles 91 - 107 of 107

Full-Text Articles in Comparative and Foreign Law

A Deep Structure Connection: Child Labor And The World Trade Organization, Sara Ann Dillion Jan 2003

A Deep Structure Connection: Child Labor And The World Trade Organization, Sara Ann Dillion

ILSA Journal of International & Comparative Law

I would like to begin my remarks by making two utterly contradictory statements with regard to the relationship, as I see it, between the global phenomenon of child labor, and the World Trade Organization (WTO).

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The Hidden Cost Of Free Trade: The Impact Of United States World Trade Organization Obligations On United States Environmental Law Sovereignty, George Cavros Jan 2003

The Hidden Cost Of Free Trade: The Impact Of United States World Trade Organization Obligations On United States Environmental Law Sovereignty, George Cavros

ILSA Journal of International & Comparative Law

It is well settled that international trade is an integral part of an ever- growing interdependent world economy.

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Foreigners At The Gate: Foreign Direct Investment Regulations & Dispute Resolution Mechanisms In The People’S Republic Of China, George O. White Iii Jan 2003

Foreigners At The Gate: Foreign Direct Investment Regulations & Dispute Resolution Mechanisms In The People’S Republic Of China, George O. White Iii

Richmond Journal of Global Law & Business

The elevation of law over politics is very new in China and the extent to which it is to be taken seriously is not always clear to the Chinese involved. The Chinese official and the Chinese citizen are part of a political structure in which the Party’s will and policies have been the most effective law… Laws and regulations have to be understood in this wider context of a society in which the formal legal position is only one consideration and still often not the most important.

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Bananas, Airplanes And The Wto: Prohibited Export Subsidies, Marc Kleiner Oct 2002

Bananas, Airplanes And The Wto: Prohibited Export Subsidies, Marc Kleiner

University of Miami International and Comparative Law Review

No abstract provided.

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Trade Policy Under The Bush Administraion, Richard N. Gardner Jan 2002

Trade Policy Under The Bush Administraion, Richard N. Gardner

ILSA Journal of International & Comparative Law

Let me begin by saying that I believe the Bush Administration is doing an excellent job in trade policy.

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Trade-Related Aspects Of Intellectual Property Rights And Biotechnology: European Aspects, John Linarelli Jan 2002

Trade-Related Aspects Of Intellectual Property Rights And Biotechnology: European Aspects, John Linarelli

Scholarly Works

There does not seem to be a widely held view among WTO members of the proper role and scope of TRIPS. One of the main reasons why TRIPS is controversial is because it allocates rights in innovation, some would say beyond the bounds of what a trade agreement should seek to do. The lines of the debate are often conceptualized in terms of 'developing' versus 'developed' country differences. One of the major areas of disagreement is how TRIPS deals with rights in biotechnology. Some developing countries are relatively rich in biodiversity and traditional knowledge but poor in capital and scientific …

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The Economic Case For Labor Standards: A Layman’S Guide, Thomas I. Palley Jan 2001

The Economic Case For Labor Standards: A Layman’S Guide, Thomas I. Palley

Richmond Journal of Global Law & Business

The place of labor standards in the global economy has figured prominently in recent discussions of trade and globalization. Labor standards figured prominently in the Seattle meeting of the World Trade Organization (WTO) in 1999, and they promise to figure prominently in discussions about a proposed Free Trade Area of Americas (FTAA). Labor standards represent a critical issue for both the American labor movement and the international trade union movement as they are central to making globalization work for working people.

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An Essential Element Of Fair Trade And Sustainable Development In The Ftaa Is An Enforceable Social Clause, Terry Collingsworth Jan 2001

An Essential Element Of Fair Trade And Sustainable Development In The Ftaa Is An Enforceable Social Clause, Terry Collingsworth

Richmond Journal of Global Law & Business

Multinational companies (“MNCs”) and governments that are fantasizing about a Free Trade Area of the Americas (“FTAA”) should accept the reality that the FTAA is not politically viable for the time being unless the issues of labor rights and other social conditions are addressed in a manner demonstrating that these rights are consistent with commercial rights that are protected in careful detail in many pages of the draft FTAA agreement.

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Mapping The Landscape: Perspectives On The Implementation Of Free Trade Agreements, F. Amanda Debusk Jan 2001

Mapping The Landscape: Perspectives On The Implementation Of Free Trade Agreements, F. Amanda Debusk

Richmond Journal of Global Law & Business

No abstract provided.

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Civil Society At The Wto: The Illusion Of Inclusion?, Jeffrey L. Dunoff Jan 2001

Civil Society At The Wto: The Illusion Of Inclusion?, Jeffrey L. Dunoff

ILSA Journal of International & Comparative Law

In this brief essay, I want to link our panel's focus on civil society-and related issues of inclusion and participation-with the broader conference theme of international law and organizations as we enter the 21st century.

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China And Wto: The Impact Of International Norms On China’S Foreign Trade Legal Reform, Yun Zeng Jan 2001

China And Wto: The Impact Of International Norms On China’S Foreign Trade Legal Reform, Yun Zeng

LLM Theses and Essays

This thesis examines the impact of the GATT/WTO system on China’s foreign trade legal reform and further explains the beneficial effects of China’s membership for themselves, the WTO, and other participating nations. The thesis elaborates briefly on the history of China’s effort to become a member of the WTO. It further examines major obstacles to China’s admission to WTO in terms of compatibility between the pre-form Chinese foreign trade regime and the WTO framework. The thesis then describes China’s reform efforts in its foreign trade legal regime since its application to the GATT in 1986 and assess the influence of …

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Balance-Of-Payments Crises In The Developing World: Balancing Trade, Finance And Development In The New Economic Order, Chantal Thomas Jan 2000

Balance-Of-Payments Crises In The Developing World: Balancing Trade, Finance And Development In The New Economic Order, Chantal Thomas

Cornell Law Faculty Publications

No abstract provided.

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Reflections On The Reform Of Antidumping Law A Case Study Of Anti-Dumping Law In The United States, Sung Hwan Kim Jan 2000

Reflections On The Reform Of Antidumping Law A Case Study Of Anti-Dumping Law In The United States, Sung Hwan Kim

LLM Theses and Essays

As of the end of 1997, 29 of the 132 member countries of the WTO had some form of the antidumping regime in operation. Most of the antidumping measures were taken by developed countries, with the United States leading in the number of measures invocated, which lends support to the criticism that the United States has wielded the antidumping law for the purpose of protecting its noncompetitive domestic industry. Attendant to this criticism, and taking the United States antidumping law as a typical model law embodying the Antidumping Agreement, this thesis first looks at the evolution of antidumping law in …

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Domestic Subsidies Under The Wto Agreement On Subsidies And Countervailing Measures And Their Treatment In Section 771 Of The Tariff Act Of 1930, Cecil Carl-Erich Kramer Jan 1998

Domestic Subsidies Under The Wto Agreement On Subsidies And Countervailing Measures And Their Treatment In Section 771 Of The Tariff Act Of 1930, Cecil Carl-Erich Kramer

LLM Theses and Essays

Governments provide subsidies for a variety of reasons and they are an important tool "to promote important objectives of national policy. The Organization for Economic Co-operation and Development (OECD) is comprised of industrialized countries, all of which are Members of the OECD Convention also have shown a steady rise in the provision of subsidies. The policy behind the fact that subsidies are addressed in international agreements is that they create a distortion in international trade and that they can quickly and destructively spread from nation to nation. They create a disparity between the actual costs incurred in producing a particular …

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Are Tuna And Dolphins The Same? A Rule Of Reason Approach To Resolve The Trade And Environment Conflict, Anantha K. Paruthipattu Jan 1997

Are Tuna And Dolphins The Same? A Rule Of Reason Approach To Resolve The Trade And Environment Conflict, Anantha K. Paruthipattu

LLM Theses and Essays

Trade and environment are both primary values in an ecologically and economically interdependent world; unleashing trade without regard to environmental impact is as detrimental as guarding the environment at the expense of trade and development. Tuna and dolphins have come to symbolize the policy struggle between trade and environment. In early 1990, the United States banned the import of tuna from Mexico and other countries that were fishing in a manner that damaged dolphins in the Eastern Tropical Pacific Ocean. Mexico challenged this ban before a GATT Panel, which ruled against the United States and held that the tuna ban …

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Dumping And Anti-Dumping In International Trade Origins, Legal Nature, And Evolution Developments In Brazil And In The United States, Luiz Claudio Duarte Jan 1997

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 …

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Major Changes In Council Regulation 3283/94: Its Compatibility With The Uruguay Round Anti-Dumping Code, Sangsoo Son Jan 1996

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 …

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