International Trade Law Commons^™

Abductive Reasoning In Wto Law, Chios Carmody

Law Publications

Law is about many things, but at base it is about rights and obligations. That jural correlation is established and sustained by means of reasoning. We hold that an actor has a right or obligation by virtue of reasoning that classically occurs in one of two forms. An obligation creates a right by means of inductive logic that rests on the conviction of similar instances in the past and the need for proof. It can also create an obligation by means of deductive logic, that is, the process of reasoning from one or more statements (premises) that are used to …

The Investment-Related Aspects Of Intellectual Property Rights, Peter K. Yu

American University Law Review

No abstract provided.

The E—2 Treaty Investor Visa Dilemma: Violations Of Law And Limitations On Foreign Investment, Tiana J. Cherry

American University Business Law Review

No abstract provided.

Taking The First Bite: Who Should Tax Apple's $187 Billion In Ireland, Reuven S. Avi-Yonah, University Of Michigan Law School

Articles

On December 19, 2016, the European Commission (hereinafter “Commission”) published its final decision in the Apple State aid case. The Commission concluded that two tax rulings granted in 1991 and 2007 on the allocation of profits to the Irish branches of Apple Sales International (“ASI”) and Apple Operations Europe (“AOE”) amounted to illegal state aid, and ordered Ireland to immediately recover this aid from Apple. The key issue in the Apple decision is where Apple’s foreign income ($187 billion, as of 2016) should be regarded as being generated. In the authors’ opinion, there is almost no basis for any argument …

Local Liability In International Economic Law, Timothy Meyer

Faculty Scholarship

No abstract provided.

Should The United States Withdraw Its Cisg Article 95 Declarations, Peter Winship

The International Lawyer

No abstract provided.

Ip Enforcement Under The Tpp: Civil And Administrative Procedures And Remedies, Provisional Measures In Tpp (Articles 18.71–18.76), J. Janewa Osei-Tutu

SMU Science and Technology Law Review

No abstract provided.

Exploring Cuba's New Role In The World Economy: Paths And Perils, Wentong Zheng

UF Law Faculty Publications

With the normalization of relations with the United States and other countries, Cuba is ushering in a new era with unprecedented opportunities in a globalized world. Participating in the world economy, however, is a risky proposition. It requires policymakers to carefully weigh the pros and cons of each development path and choose the one that best suits Cuba. It also requires policymakers to be prepared for the perils, both economic and legal, that may arise from Cuba's participation in the world economy. This Article explores Cuba's new role in the world economy and the perils that accompany this new role. …

Submission On The Draft General Comment On “State Obligations Under The Icescr In The Context Of Business Activities”, Columbia Center On Sustainable Investment

Columbia Center on Sustainable Investment Staff Publications

In January 2017 CCSI made a submission to the Committee on Economic, Social and Cultural Rights, regarding its draft General Comment on “State obligations under the International Covenant on Economic, Social and Cultural Rights in the Context of Business Activities.” CCSI’s submission focused on: (1) host and home states’ obligations as they relate to international investment agreements (IIAs); (2) extraterritorial obligations in the context of outward investment; and (3) state obligations related to corruption issues.

In the submission, CCSI emphasized that states must ensure that existing treaties do not generate conflicts between obligations owed under IIAs and the Covenant (in …

Our Oceans Need Sharks: A Comparative Analysis Of Shark And Turtle Conservation Law In Australia And The United States, Gabrielle Stiff Heim

Law Student Publications

The model used for turtle conservation and recovery would be an accurate model for conserving and recovering the endangered shark species, as well. As sharks are crucial to the marine environment, action needs to be taken in the form of policies that parallel those that protect turtles. Specifically, the models of protection for turtles in both Australia and the United States can serve as examples for shark conservation and recovery policies. As sharks are migratory species like turtles, international efforts and treaties are also crucial to providing boundaries and regulations for sharks in the global arena. The future of sharks …

A Historical Account Of The Internationalization Of Invest Disputes: What The Global South Should Know When Negotiating Bilateral Investment Treaties, Felix O. Okpe

Florida A & M University Law Review

Under international law, and perhaps in the context of the ICSID Convention, it is fair to state that; the potential for investment disputes is more likely with respect to foreign investments hosted in the global south. In most situations when investment disputes arise, foreign investors often allege that an act that includes regulatory initiatives of the host state or an omission attributable to the host state, has occasioned a violation of applicable investment agreement. Sometimes the basis for the alleged breach results from underlying contractual claims by the foreign investor. Thus, investment claims have created the intellectual foundation for a …

The India Patent System: A Decade In Review, Vindhya S. Mani, Divyanshu Srivastava, Mukundan Chakrapani, Jay Erstling

Cybaris®

No abstract provided.

The Eu As A Global Actor In Reforming The International Investment Regime In Light Of Sustainable Development, Stefanie Schacherer

Research Collection Yong Pung How School Of Law

The international investment law regime is undergoing a process of reform. The guiding paradigm of this reform is the principle of sustainable development. The EU, through its exclusive competence over foreign direct investment, has become a significant actor on the stage of international investment law governance. According to recent statements of the EU institutions, the EU seeks to shape its policy to be consistent with the principle of sustainable development. In more concrete terms this means that EU investment law making shall be consistent with core labour standards, environmental protection and the conservation of natural resources as well as with …

Emerging Internal Control In Institutional Arbitration, Meng Chen

Cardozo Journal of Conflict Resolution

To some extent, the charm of international commercial arbitration derives from its complexity, involving many inherent contradictions. It is developed as autonomous and internationalized dispute resolution, while it inevitably relies on sovereign support. With arbitration becoming more and more internationalized and autonomous, rules and regulations generated inside of the arbitration community have gradually played important roles in arbitration governance. Contributions from numerous international arbitration institutions are particularly noticeable in this development. Institutional arbitration takes the lead in the development of international commercial arbitration. Rules and regulations generated in institutional arbitration practice not only facilitate single institutional arbitration processes, but also …

Rwanda And The Kigali International Arbitration Centre: The Future Faces Of East African Arbitration And Growth, Jeremy Cantor

Cardozo Journal of Conflict Resolution

Part I is a brief introduction to the Note. Part II is a brief background of Rwandan history and the country's push for economic growth. Furthermore, Part II elaborates on the history, the current status of Rwanda's judicial system, and on the KIAC. Part III explains why arbitration is fitting for Africa as a whole and why it is more fitting for East Africa specifically. In particular, the Note explains why Kigali is the proper choice of seat6 and KIAC the proper institution, and analyzes certain problems preventing the growth of African arbitration. Lastly, Part IV proposes how to effectuate …

One Country, Two Systems: Hong Kong's Unique Status And The Development And Growth Of Arbitration In China, Jiali (Keli) Huang

Cardozo Journal of Conflict Resolution

This Note evaluates the future of arbitration in China and Hong Kong as the two approach their twentieth year working toward reunification under the implications of the "one country, two systems" model, which was implemented in Hong Kong when Hong Kong's sovereignty was transferred back to China in 1997. First, this Note explains Hong Kong's unique identity, the factors that triggered the Umbrella Movement and the Fishball Revolution, and Hong Kong's current relationship with China. Second, this Note provides a broad overview of the development of arbitration in China. Third, this Note describes the arbitral history between China and Hong …

Enhanced Preservation: Modifying The Protect And Preserve International Cultural Property Act To Better Protect Syrian Antiquities, Anthony Prinzivalli

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Astroturf Activism, Melissa (M.J.) Durkee

Scholarship@WashULaw

Corporate influence in government is more than a national issue; it is an international phenomenon. For years, businesses have been infiltrating international legal processes. They secretly lobby lawmakers through front groups: “astroturf” imitations of grassroots organizations. But because this business lobbying is covert, it has been underappreciated in both the literature and the law. This Article unearths the “astroturf activism” phenomenon. It offers an original descriptive account that classifies modes of business access to international officials and identifies harms, then develops a critical analysis of the laws that regulate this access. I show that the perplexing set of access rules …

Much Ado About The Tpp's Effect On Pharmaceuticals, Emily M. Morris

Faculty Publications

The Trans-Pacific Partnership Agreement’s many provisions that were beneficial to the pharmaceutical industry have caused a good deal of controversy. Specifically, critics allege that the TPP’s provisions requiring that member states expand patentable subject matter, adjust pharmaceutical patent terms, and link regulatory marketing approval to a drug's patent status would have raised drug prices and hindered access to medicines, particularly in developing countries. Closer examination of these provisions as well as the various ways in which member states can modify or ameliorate the effects of these provisions suggests that their potential effect on drug prices and access to health care …

Revisiting The Economic Community Of West African States: A Socio-Legal Analysis, Olabisi D. Akinkugbe

Articles, Book Chapters, & Popular Press

Recent years have seen a growing scholarly interest in the conditions of emergence of regional trade agreements in Africa. These analyses have advanced our knowledge on a range of technical issues, from specific institutional transformation of regional economic communities such as the Economic Community of West African States (ECOWAS) to broad legal issues relating to the provisions of the regional trade agreements. Most literature on ECOWAS is, however, informed by legal formalism that interprets the text of the treaties strictly and without context, leading to a dominant interpretation of failure.

By contrast, this thesis adopts a socio-legal approach and argues …

Background: Towards A Critical Assessment Of Canadian-Nigerian Bilateral Relations, Olabisi D. Akinkugbe

Articles, Book Chapters, & Popular Press

Although the diplomatic relations between Canada and Nigeria is almost six decades old, the nature of this bilateral relationship has not been the subject of rigorous academic research. While a recent body of research by international relations scholars has taken up the broad critical study of Canadian-African relations, a significant gap exists with respect to studies that focus on the context of Canada’s engagement with individual African countries. Against this background, this paper briefly examines the bilateral trade and investment engagements between Nigeria and Canada. The modest aim is to highlight the existing framework that guides the relations of both …

Bilateral Investment Treaties And Domestic Institutional Reform, Richard C. Chen

Faculty Publications

The bilateral investment treaties (BITs) signed between developed and developing countries are supposed to increase the flow of investment from the former to the latter. But the evidence indicates that the existing approach of guaranteeing special protections for foreign investors has only a modest impact on luring their dollars. At the same time they are failing to produce meaningful benefits, these treaty commitments create substantial costs for the host states that make them, exposing them to liability and constraining their regulatory authority. Given this state of imbalance, the time seems ripe for a new approach, but existing proposals for revising …

From Territorial To Monetary Sovereignty, Katharina Pistor

Faculty Scholarship

State sovereignty is closely intertwined with, but not limited to, control over territory and people. It has long been recognized that control over monetary affairs is a critical part of genuine sovereignty. In this Article, I go a step further and argue that the relevance and importance of territorial versus monetary sovereignty has shifted in favor of the latter. This shift goes hand in hand with the rise of credit-based financial systems. Such systems depend, in the last instance, on backstopping by an entity with control over its own money supply and no binding survival constraints. Only states with monetary …

Introduction To Symposium On Industry Associations In Transnational Legal Ordering, Melissa (M.J.) Durkee, Gregory Shaffer

Scholarship@WashULaw

As globalization blurs borders and business operates across them, industry associations transpose their political activities to the global level, organizing transnationally, pursuing new sites of influence, and seeking harmonization. Their efforts affect the content of international legal norms, both public and private. This short essay introduces a symposium issue of AJIL Unbound that addresses the roles and mechanisms through which industry associations influence and shape law as part of transnational legal processes, potentially giving rise to transnational legal orders.

The 'Africanization' Of International Investment Law: The Pan-African Investment Code And The Reform Of The International Investment Regime, Makane Moïse Mbengue, Stefanie Schacherer

Research Collection Yong Pung How School Of Law

The Pan-African Investment Code (PAIC) is the first continent-wide African model investment treaty elaborated under the auspices of the African Union. The PAIC has been drafted from the perspective of developing and least-developed countries with a view to promote sustainable development. The PAIC contains a number of Africa-specific and innovative features, which presumably makes it today a unique legal instrument. Written in a time where the international investment community is still debating the future of international investment law, this article seeks to present and contextualize this first African model investment treaty. The article highlights the most innovative features of the …

Transparency Evolution: More Than The Right To Know, Ljiljana Biuković, Pitman B. Potter

All Faculty Publications

Providing an analysis of global regulation and the impact of international organizations on domestic laws, this collection grew out of a central objective to explore methods of domestic engagement with international trade and human rights norms, and the inherent difficulties in establishing balanced links between these two international law regimes. The common thread of the papers in this collection is a focus on the application of socio-legal normative paradigms in building knowledge and policy support for coordinating local performance with international trade and human rights standards in ways that are mutually sustaining.

The Road Not Taken: A Comparison Of The E.U. And U.S. Insider Trading Prohibitions, Franklin A. Gevurtz

McGeorge School of Law Scholarly Articles

This essay, written for a symposium on insider trading in the Washington University Journal of Law and Policy, explores the different paths taken by the United States and the European Union with respect to who is subject to the prohibition on insider trading. After providing an overview of the difference between the U.S. and the E.U. prohibition, the essay explores the different outcomes that would occur under U.S. versus E.U. law in several high profile insider trading cases of recent years. The essay also addresses the jurisdictional reach of each regime’s prohibition and considers the normative lessons of this …

Trade Agreements, Regulatory Sovereignty And Democratic Legitimacy, Bernard Hoekman, Charles F. Sabel

Faculty Scholarship

Governments increasingly are seeking to use bilateral and regional trade agreements to reduce the cost-increasing effects of differences in product market regulation. They also pursue regulatory cooperation independent of trade agreements. It is important to understand what is being done through bilateral or plurilateral mechanisms to address regulatory differences, and to identify what, if any, role trade agreements can play in supporting international regulatory cooperation. This paper reflects on experience to date in regulatory cooperation and the provisions of recent trade agreements involving advanced economies that have included regulatory cooperation. We argue for a re-thinking by trade officials of the …

China's And India's Differing Investment Treaty And Dispute Settlement Experiences And Implications For Africa, Won Kidane

Faculty Publications

This Article examines China’s and India’s differing investment treaty and dispute settlement experiences and the resulting implications for Africa. It attempts to answer the question of whether there is evidence of China’s and India’s attempt to take advantage of the default structural imbalance enabled by centuries of international investment laws and institutions that favor the investor. The Article begins by presenting the background of the current economic reality and trends that necessitate the evaluation of the existing rules and institutions. It then presents a detailed assessment of this phenomenon by focusing on the investment cases brought against India for context, …

Maintenance Of Value In The General Account And Valuation Of The Sdr In The Special Drawing Account Of The Imf, Robert C. Effros

Georgia Journal of International & Comparative Law

No abstract provided.