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International Trade Law Commons

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Articles 331 - 360 of 597

Full-Text Articles in International Trade Law

Enforcement Of Arbitration Agreements: The Severability Doctrine In The International Arena - Republic Of Nicaragua V. Standard Fruit Co., 927 F.2d 469 (9th Cir. 1991)., Jennifer Bagwell Oct 2014

Enforcement Of Arbitration Agreements: The Severability Doctrine In The International Arena - Republic Of Nicaragua V. Standard Fruit Co., 927 F.2d 469 (9th Cir. 1991)., Jennifer Bagwell

Georgia Journal of International & Comparative Law

No abstract provided.


Whale For Sale?: New Developments In The Convention On International Trade In Endangered Species Of Wild Fauna And Flora, Kevin Eldridge Oct 2014

Whale For Sale?: New Developments In The Convention On International Trade In Endangered Species Of Wild Fauna And Flora, Kevin Eldridge

Georgia Journal of International & Comparative Law

No abstract provided.


Finding An Appropriate Global Legal Paradigm For The Internet: United States And International Responses, Benjamin A. Perlman Oct 2014

Finding An Appropriate Global Legal Paradigm For The Internet: United States And International Responses, Benjamin A. Perlman

Georgia Journal of International & Comparative Law

No abstract provided.


The Growing Role Of Customized Consent In International Commercial Arbitration, Christofer Coakley Oct 2014

The Growing Role Of Customized Consent In International Commercial Arbitration, Christofer Coakley

Georgia Journal of International & Comparative Law

No abstract provided.


Uniform Interpretation Of The 1980 Uniform Sales Law, Franco Ferrari Oct 2014

Uniform Interpretation Of The 1980 Uniform Sales Law, Franco Ferrari

Georgia Journal of International & Comparative Law

No abstract provided.


For Sale--One Level 5 Barbarian For 94,800 Won: The International Effects Of Virtual Property And The Legality Of Its Ownership, Alisa B. Steinberg Oct 2014

For Sale--One Level 5 Barbarian For 94,800 Won: The International Effects Of Virtual Property And The Legality Of Its Ownership, Alisa B. Steinberg

Georgia Journal of International & Comparative Law

No abstract provided.


Taming The Counterfeit Dragon: The Wto, Trips And Chinese Amendments To Intellectual Property Laws, Andrew Evans Sep 2014

Taming The Counterfeit Dragon: The Wto, Trips And Chinese Amendments To Intellectual Property Laws, Andrew Evans

Georgia Journal of International & Comparative Law

No abstract provided.


The Enhanced Proliferation Control Initiative: National Security Necessity Or Unconstitutionally Vague?, Daniel H. Joyner Sep 2014

The Enhanced Proliferation Control Initiative: National Security Necessity Or Unconstitutionally Vague?, Daniel H. Joyner

Georgia Journal of International & Comparative Law

No abstract provided.


Exhaustion Of Trademark Rights Beyond The European Union In Light Of Silhouette International Schmied V. Hartlauer Handelsgesellschaft: Toward Stronger Protection Of Trademark Rights And Eliminating The Gray Market, Lisa Harlander Sep 2014

Exhaustion Of Trademark Rights Beyond The European Union In Light Of Silhouette International Schmied V. Hartlauer Handelsgesellschaft: Toward Stronger Protection Of Trademark Rights And Eliminating The Gray Market, Lisa Harlander

Georgia Journal of International & Comparative Law

No abstract provided.


Get The Lead Out: A New Approach For Regulating The U.S. Toy Market In A Globalized World, Gabriel Allen Sep 2014

Get The Lead Out: A New Approach For Regulating The U.S. Toy Market In A Globalized World, Gabriel Allen

Georgia Journal of International & Comparative Law

No abstract provided.


Greasing The Wheels: British Deficiencies In Relation To American Clarity In International Anti-Corruption Law, Todd Swanson Sep 2014

Greasing The Wheels: British Deficiencies In Relation To American Clarity In International Anti-Corruption Law, Todd Swanson

Georgia Journal of International & Comparative Law

No abstract provided.


A Bright Day For The Black Market: Why Council Directive 2008/51/Ec Will Lose The Battle Against Illicit Firearm Trade In The European Union, Kristin Ashley Tessman Sep 2014

A Bright Day For The Black Market: Why Council Directive 2008/51/Ec Will Lose The Battle Against Illicit Firearm Trade In The European Union, Kristin Ashley Tessman

Georgia Journal of International & Comparative Law

No abstract provided.


Discerning The Compliance Calculus: Why States Comply With International Investment Law, Christopher M. Ryan Sep 2014

Discerning The Compliance Calculus: Why States Comply With International Investment Law, Christopher M. Ryan

Georgia Journal of International & Comparative Law

No abstract provided.


The Icsid Convention: Origins And Transformation, Andreas F. Lowenfeld Sep 2014

The Icsid Convention: Origins And Transformation, Andreas F. Lowenfeld

Georgia Journal of International & Comparative Law

No abstract provided.


Keynote Address: Arbitration And The Freedom To Associate, Gary B. Born Sep 2014

Keynote Address: Arbitration And The Freedom To Associate, Gary B. Born

Georgia Journal of International & Comparative Law

No abstract provided.


Introduction: The Constitutional Law Of International Commercial Arbitration, Peter B. Rutledge Sep 2014

Introduction: The Constitutional Law Of International Commercial Arbitration, Peter B. Rutledge

Georgia Journal of International & Comparative Law

No abstract provided.


Retail Investments In Precious And Industrial Metals: Mining For Proper Regulation Aimed Toward Investor Strategy, Tanya Lambrechts Apr 2014

Retail Investments In Precious And Industrial Metals: Mining For Proper Regulation Aimed Toward Investor Strategy, Tanya Lambrechts

Florida State University Law Review

No abstract provided.


Financial Innovation In East Asia, Ross P. Buckley, Douglas W. Arner, Michael Panton Mar 2014

Financial Innovation In East Asia, Ross P. Buckley, Douglas W. Arner, Michael Panton

Seattle University Law Review

Finance is important for development. However, the Asian financial crisis of 1997–1998 and the global financial crisis of 2008 highlighted the serious risks associated with financial liberalization and excessive innovation. East Asia’s strong focus on economic growth has necessitated a careful balancing of the benefits of financial liberalization and innovation against the very real risks inherent in financial sector development. This Article examines the role of regulatory, legal, and institutional infrastructure in supporting both financial development and limiting the risk of financial crises. The Article then addresses a series of issues with particular developmental significance in the region: trade finance, …


The Timing And Source Of Regulation, Frank Partnoy Mar 2014

The Timing And Source Of Regulation, Frank Partnoy

Seattle University Law Review

The distinction between specific concrete rules and general abstract principles has engaged legal theorists for decades. This rules–principles distinction has also become increasingly important in corporate and securities law, as well as financial market regulation. This Article adds two important variables to the rules–principles debate: timing and source. Although these two variables are relevant to legal theory generally, the specific goal here is not to address and engage the rules versus principles literature directly. Rather, the goal here is to ask whether the debate about financial market regulation might benefit from a more transparent analysis of temporal and legal source …


Deferred Prosecutions In The Corporate Sector: Lessons From Libor, Justin O'Brien, Olivia Dixon Mar 2014

Deferred Prosecutions In The Corporate Sector: Lessons From Libor, Justin O'Brien, Olivia Dixon

Seattle University Law Review

Since 2008, the global economic downturn has significantly in-creased operating pressures on major corporations. Additionally, there has been a corresponding increase in corporate tolerance for corruption, which has coincided with a marked preference by regulators in settling, rather than litigating, enforcement actions. This Article argues that the expansion of prosecutorial authority without appropriate accountability restraints is a major tactical and strategic error. It evaluates whether the mechanism can be made subject to effective oversight. It argues that the current frame-work in the United States is highly problematic, leading to settlements that generate newspaper headlines but not necessarily cultural change. It …


Enhancing The Transparency Dialogue In The “Santiago Principles” For Sovereign Wealth Funds, Adam D. Dixon Mar 2014

Enhancing The Transparency Dialogue In The “Santiago Principles” For Sovereign Wealth Funds, Adam D. Dixon

Seattle University Law Review

The financial crisis ultimately caused Western governments to welcome sovereign wealth fund (SWF) investment as a way to put a floor under collapsing markets and to provide a set of voluntary principles that would underwrite SWFs’ claim to legitimacy in the international community. In the autumn of 2007, then U.S. Treasury Secretary Henry Paulson, in conjunction with the International Monetary Fund, convened the International Working Group of SWFs (IWG) to draft a set of generally accepted principles and practices. These principles are referred to as the “Santiago Principles.” The implicit objective of these twenty-four voluntary principles is to promote greater …


Culture Wars: Rate Manipulation, Institutional Corruption, And The Lost Normative Foundations Of Market Conduct Regulation, Justin O'Brien Mar 2014

Culture Wars: Rate Manipulation, Institutional Corruption, And The Lost Normative Foundations Of Market Conduct Regulation, Justin O'Brien

Seattle University Law Review

The global investigations into the manipulation of the London Interbank Offered Rate (Libor) have raised significant questions about how conflicts of interest are managed for regulated entities contributing to benchmarks. An alternative framework, which brings the management of the rate process under direct regulatory supervision, is under consideration, coordinated by the International Organization of Securities Commissions taskforce. The articulation of global principles builds on a review commissioned by the British government that suggests rates calculated by submission can be reformed. This paper argues that this approach is predestined to fail, precisely because it ignores the lessons of history. In revisiting …


Australia’S Experience With Foreign Direct Investment By State Controlled Entities: A Move Towards Xenophobia Or Greater Openness?, Greg Golding Mar 2014

Australia’S Experience With Foreign Direct Investment By State Controlled Entities: A Move Towards Xenophobia Or Greater Openness?, Greg Golding

Seattle University Law Review

Over the last few years, there has been considerable debate in Australia as to the appropriate regulation of foreign direct investment by entities affiliated with foreign governments. During that time, Australia has been a significant beneficiary of investment by sovereign wealth funds from many foreign jurisdictions, particularly by Chinese state owned enterprises. The Australian government, similar to governments of many developed Western countries, has struggled to properly calibrate its policy settings for regulating this type of investment activity. This Article considers the Australian regulatory regime and assesses Australia’s experience in regulating those investment flows during this period.


Dodd-Frank's Conflict Minerals Rule: The Tin Ear Of Government-Business Regulation, Henry Lowenstein Jan 2014

Dodd-Frank's Conflict Minerals Rule: The Tin Ear Of Government-Business Regulation, Henry Lowenstein

Marketing and Hospitality, Resort and Tourism Management

This paper examines an unusual provision included in the Dodd-Frank Wall Street Reform and Consumer Protection Act (2010), Section 1502 known as the Conflict Minerals Rule. This provision, having nothing to do with the subject matter of the act itself, attempts to place a chilling effect on the trade of four identified minerals from the Democratic Republic of Congo. The provision and its subsequent rule, surprisingly delegated to the U.S. Securities and Exchange Commission (an agency lacking subject matter expertise in minerals) presents a case and object lesson of almost every cost, procedural and legal error that can take place …


International Commercial Arbitration, Anticipatory Repudiation, And The Lex Mercatoria, Kyle Winnick Jan 2014

International Commercial Arbitration, Anticipatory Repudiation, And The Lex Mercatoria, Kyle Winnick

Cardozo Journal of Conflict Resolution

The scope of this Note is thus two-fold: (1) to delineate the doctrine of anticipatory breach as it is currently under the lex mercatoria; and, (2) to evaluate and argue for its consistency in application by international arbitral tribunals. Section I-A discusses when arbitrators will choose to apply the lex mercatoria as the substantive law of the dispute. Section I-B explains the doctrine of anticipatory repudiation and discusses its inherent ambiguity. Section IC assesses the role of the CISG and the UNIDROIT Principles as a manifestation of the lex mercatoria. Section II-A explores the severability issue and an …


Civil Consequences Of Corruption In International Commercial Contracts, Padideh Ala'i Jan 2014

Civil Consequences Of Corruption In International Commercial Contracts, Padideh Ala'i

Scholarly Articles in Law Reviews & Journals

The United States legal system seeks to prevent and prohibit bribery and corruption through a myriad of laws, regulations and policies. Anti-corruption jurisprudence is more developed in the context of public sector contracts where the United States criminalizes bribery of public officials through 18 U.S.C. §201 (Bribery of Public Officials and Witnesses). In addition, the United States was the first country to criminalize bribery of foreign government officials in 1977 with the passage of the Foreign Corrupt Practices Act (FCPA). The FCPA has since been amended to comply with the adoption of the OECD Convention on Combating Bribery of Foreign …


Export Controls: A Contemporary History, Bert Chapman Dec 2013

Export Controls: A Contemporary History, Bert Chapman

Libraries Faculty and Staff Presentations

Provides highlights of my recently published book Export Controls: A Contemporary History. Describes the roles played by multiple U.S. Government agencies and congressional oversight committees in this policymaking arena including the Commerce, Defense, State, and Treasury Departments. It also reviews the roles played by international government organizations such as the Missile Technology Control Regime, export oriented businesses, and research intensive universities.


The Undersigned Attorney Hereby Certifies -- The Washington Supreme Court Rule On Standards And Its Implications, Justice Sheryl Gordon Mccloud, Justice Susan Owens, Marc Boman, Joanne Moore Nov 2013

The Undersigned Attorney Hereby Certifies -- The Washington Supreme Court Rule On Standards And Its Implications, Justice Sheryl Gordon Mccloud, Justice Susan Owens, Marc Boman, Joanne Moore

Seattle Journal for Social Justice

No abstract provided.


G Forces: Gideon V. Wainwright And Matthew Adler's Move Beyond Cost-Benefit Analysis, Janet Moore Nov 2013

G Forces: Gideon V. Wainwright And Matthew Adler's Move Beyond Cost-Benefit Analysis, Janet Moore

Seattle Journal for Social Justice

No abstract provided.


Dark Medicine: How The National Research Act Has Failed To Address Racist Practices In Biomedical Experiments Targeting The African-American Community, Anietie Maureen-Ann Akpan Nov 2013

Dark Medicine: How The National Research Act Has Failed To Address Racist Practices In Biomedical Experiments Targeting The African-American Community, Anietie Maureen-Ann Akpan

Seattle Journal for Social Justice

No abstract provided.