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Articles 1861 - 1890 of 2869
Full-Text Articles in International Trade Law
U.S. Policies Towards And In The U.N Security Council, Jose E. Alvarez
U.S. Policies Towards And In The U.N Security Council, Jose E. Alvarez
ILSA Journal of International & Comparative Law
For at least twelve years, Security Council reformers have proposed many ways to enlarge the size and diversify the composition of that body.
Cartel Price Controls Vs. Free Trade: A Study Of Proposals To Challenge Opec's Influence In The Oil Market Through Wto Dispute Settlement, Tim Carey
American University International Law Review
No abstract provided.
Custom As A Source Of Law: Argentinean And Comparative Legal Systems, German Savastano
Custom As A Source Of Law: Argentinean And Comparative Legal Systems, German Savastano
ILSA Journal of International & Comparative Law
The purpose of this article is to reflect on custom as a source of law in the Argentinean and comparative legal systems.
Promises Of Accession: Reassessing The Trade Relationship Between Turkey And The European Union, Fernanda Nicola
Promises Of Accession: Reassessing The Trade Relationship Between Turkey And The European Union, Fernanda Nicola
American University International Law Review
No abstract provided.
Takeover Regulation In The United States And Europe: An Institutional Approach, William J. Magnuson
Takeover Regulation In The United States And Europe: An Institutional Approach, William J. Magnuson
Pace International Law Review
No abstract provided.
Book Review: Protection Of Foreign Investment In Context: Nigeria's Investment Laws, Treaties, And Petroleum Agreements, Duncan E. Alford
Book Review: Protection Of Foreign Investment In Context: Nigeria's Investment Laws, Treaties, And Petroleum Agreements, Duncan E. Alford
Faculty Publications
No abstract provided.
Trade Adjustment Assistance At The U.S. Court Of International Trade: The Year In Review, 41 Geo. J. Int'l L. 137 (2009), Steven D. Schwinn
Trade Adjustment Assistance At The U.S. Court Of International Trade: The Year In Review, 41 Geo. J. Int'l L. 137 (2009), Steven D. Schwinn
UIC Law Open Access Faculty Scholarship
No abstract provided.
The Role Of The Office Of The Administrative Law Judges Within The United States International Trade Commission, 8 J. Marshall Rev. Intell. Prop. L. 216 (2009), Carl C. Charneski
The Role Of The Office Of The Administrative Law Judges Within The United States International Trade Commission, 8 J. Marshall Rev. Intell. Prop. L. 216 (2009), Carl C. Charneski
UIC Review of Intellectual Property Law
Section 337 of the Tariff Act of 1930 makes unlawful, specifically, the importation of products that infringe intellectual property rights. The U.S. International Trade Commission (“ITC”) is the forum in which all section 337 proceedings are adjudicated and, within the ITC, the Office of Administrative Law Judges handles all these proceedings. Section 337 cases can be exceedingly complex and technical, and the Administrative Law Judges (“ALJ”) are the initial triers of fact, administrators, and decision makers in every case. Thus, the amount of work that the ALJs—along with their staff—must meet to see these cases to completion can be substantial. …
The Distinctive Characteristics Of Section 337, 8 J. Marshall Rev. Intell. Prop. L. 231 (2009), Jay H. Reiziss
The Distinctive Characteristics Of Section 337, 8 J. Marshall Rev. Intell. Prop. L. 231 (2009), Jay H. Reiziss
UIC Review of Intellectual Property Law
In an investigation by the International Trade Commission (“ITC” or “Commission”) under Section 337 of the Tariff Act of 1930 (“Section 337”) a complainant must satisfy two unique statutory criteria. First, a complainant must establish that the ITC has jurisdiction, usually by showing importation of an accused product. Second, a complainant must demonstrate that a domestic industry exists or is in the process of being established. A practitioner can be assured that the ITC’s jurisdiction is expansive and reaches foreign-based activities that affect U.S. commerce. Such actions can involve any unfair act and can be brought regardless of whether personal …
Post-Litigation Enforcement Of Remedial Orders Issued By The U.S. International Trade Commission In Section 337 Investigations, 8 J. Marshall Rev. Intell. Prop. L. 248 (2009), Merritt R. Blakeslee
Post-Litigation Enforcement Of Remedial Orders Issued By The U.S. International Trade Commission In Section 337 Investigations, 8 J. Marshall Rev. Intell. Prop. L. 248 (2009), Merritt R. Blakeslee
UIC Review of Intellectual Property Law
There is a common misperception that enforcement of International Trade Commission (“ITC”) remedial orders is automatic and self implementing. In reality, such remedial orders are not self-implementing, are less-than-perfect enforcement tools, and their effective enforcement carries with it a number of practical difficulties. This paper explores the realities of enforcing the ITC’s remedial orders – exclusion orders, consent orders, and cease-and-desist orders – with the goal of giving both complainants and respondents a heightened appreciation of the tactics and strategies that can be effectively deployed following the conclusion of a Section 337 investigation and the issuance of one or more …
The U.S. International Trade Commission's Growing Role In The Global Economy, 8 J. Marshall Rev. Intell. Prop. L. 290 (2009), Patricia Larios
The U.S. International Trade Commission's Growing Role In The Global Economy, 8 J. Marshall Rev. Intell. Prop. L. 290 (2009), Patricia Larios
UIC Review of Intellectual Property Law
The widespread offshoring of manufacturing operations has created dramatic efficiencies and meaningful cost savings for many U.S. businesses. But as an unintended consequence, the move to foreign manufacturing also has created challenges to the U.S. patent system and its ability to protect American businesses from infringing competition. U.S. District Courts are frequently an inadequate forum for litigating patent infringement suits involving an accused device manufactured abroad because of the difficulties associated with obtaining jurisdiction and proving infringement. Patent holders faced with such a situation, however, are not left without recourse. This article explores the different enforcement mechanisms available in the …
Navigating The Turbulent Waters Connecting The World Trade Organization And Corporate Social Responsibility, Gustavo Ferreira Ribeiro
Navigating The Turbulent Waters Connecting The World Trade Organization And Corporate Social Responsibility, Gustavo Ferreira Ribeiro
Indiana Journal of Global Legal Studies
This paper uses the metaphor of a fisherman's journey into the World Trade Organization (WTO) and Corporate Social Responsibility (CSR) "seas" to explore the relationship between them. It is intended to provide the reader with a basic understanding of this relationship. An argument can be made that the WTO and CSR waters are not connected at all: the WTO is an intergovernmental organization regulating rights and duties of its members (mainly states), while CSR concerns primarily non-governmental initiatives dealing with corporate behavior, such as voluntary codes of conduct and certification processes involving social and environmental standards. However, this paper explores …
The Graying Of The American Manufacturing Economy: Gray Markets, Parallel Importation, And A Tort Law Approach, Joseph Karl Grant
The Graying Of The American Manufacturing Economy: Gray Markets, Parallel Importation, And A Tort Law Approach, Joseph Karl Grant
Journal Publications
This Article examines the history of the gray market in the United States through an analysis of both the domestic legislative framework and judicial treatment of gray market goods, primarily under trademark and copyright law. Part I of this Article provides a general introduction into the structural factors that cause parallel importation. Part II begins a discussion of trademarked goods by looking at the purposes of trademark law. Part III starts by discussing the relevant doctrines and provisions of the Copyright Act of 1976, which frame the gray market discussion. Part III concludes by examining the current debate and the …
Taking Chances: The United States' Policy On Internet Gambling And Its International Implications, Yevgeniya Roysen
Taking Chances: The United States' Policy On Internet Gambling And Its International Implications, Yevgeniya Roysen
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Shadow Unilateralism: Enforcing International Trade Law At The Wto, Rachel Brewster
Shadow Unilateralism: Enforcing International Trade Law At The Wto, Rachel Brewster
Faculty Scholarship
This short essay briefly traces the evolution of trade law enforcement from the the GATT to the WTO regime. The WTO's Dispute Settlement Understanding (DSU) is widely viewed as a major innovation from the GATT regime in that it subordinates unilateral enforcement of trade law to a rule-based system of multilateral enforcement. I recognize the successes of the WTO regime but the institution effective permits (if not encourages) the unilateral enforcement of trade law outside of the DSU framework Specifically, I examine how the DSU system only provides a prospective remedy - that is, the DSU permits retaliation only for …
From Here To Beijing: Public/Private Overlaps In Trade And Their Effects On U.S. Law, Elizabeth Trujillo
From Here To Beijing: Public/Private Overlaps In Trade And Their Effects On U.S. Law, Elizabeth Trujillo
Faculty Scholarship
Recent news involving contaminated pet food and unsafe toys imported from China makes us question the legal frameworks that facilitated such incidences and stirs anti-globalization sentiment. While consumers wonder about the role of their governments in this context and look for judicial remedies, deeper questions arise regarding the international forces lying beneath the surface of the legal remedial work of our domestic courts. This paper explores the international trade paradigm in place that facilitates the inner workings of private investors and has trickling effects on domestic law. Furthermore, it will show that the trade regime is transnational in nature, consisting …
Disaggregating The Regional-Multilateral Overlap: The Nafta Looking-Glass, Elizabeth Trujillo
Disaggregating The Regional-Multilateral Overlap: The Nafta Looking-Glass, Elizabeth Trujillo
Faculty Scholarship
This short piece explores regionalism through the lens of NAFTA and examines its relationship to the multilateral trade regime and its effects on domestic policy. It tries to better understand the legal paradigm that allows the public aspects of trade law to intersect with the private interests of private investors. The rich jurisprudence of the Chapter 11 investment chapter of NAFTA provides a looking-glass into the complex interplay of state and non-state actors who navigate through the regional and multilateral trade and investment frameworks to further their interests. By disaggregating these overlaps, the paper illuminates this interplay which allows private …
A Meating Of The Minds: Possible Pitfalls And Benefits Of Certified Organic Livestock Production And The Prodigious Potential Of Brazil, Adam Schlosser
A Meating Of The Minds: Possible Pitfalls And Benefits Of Certified Organic Livestock Production And The Prodigious Potential Of Brazil, Adam Schlosser
Journal of Food Law & Policy
Certified organic food represents the fastest growing segment of food production in both the United States and throughout the entire world. This article examines the issues and opportunities facing both large and small-scale farmers who wish to engage in organic livestock production. Organic regulations cover everything involved in production, starting with the organic certification process and concluding with slaughter and the subsequent shipping and sale of the end organic product. The final section of this article addresses the unique ability of Brazil - described alternatively as "the world's warehouse" and the "world's [future] source of food" - to increase the …
Interview Of Julio Lacarte Muró Conducted By A. Jane Bradley On 8 October 2003 And 31 March 2004, Institute Of International Economic Law, Georgetown University Law Center
Interview Of Julio Lacarte Muró Conducted By A. Jane Bradley On 8 October 2003 And 31 March 2004, Institute Of International Economic Law, Georgetown University Law Center
The Oral History Project of the World Trading System
Interview of Ambassador Julio Lacarte Muró, 1st Chair, WTO Appellate Body; Former Uruguayan Ambassador to the GATT; Former Minister of Industry & Trade; Former Deputy Executive Secretary, GATT Secretariat, conducted by A. Jane Bradley. Interview is split between two dates, October 8, 2003 and March 31, 2004. The interview conducted on March 31, 2004 starts on page 19.
Insource The Shareholding Of Outsourced Employees: A Global Stock Ownership Plan, Robert C. Hockett
Insource The Shareholding Of Outsourced Employees: A Global Stock Ownership Plan, Robert C. Hockett
Cornell Law Faculty Publications
With the American economy stalled and another federal election campaign season well underway, the “outsourcing” of American jobs is again on the public agenda. Latest figures indicate not only that claims for joblessness benefits are up, but also that the rate of American job-exportation has more than doubled since the last electoral cycle. This year’s political candidates have been quick to take note. In consequence, more than at any time since the early 1990s, continued American participation in the World Trade Organization, in the North American Free Trade Agreement, and in the processes of global economic integration more generally appear …
The Development Of Nato Ebao Doctrine: Clausewitz's Theories And The Role Of Law In An Evolving Approach To Operations, Colonel Jody M. Prescott
The Development Of Nato Ebao Doctrine: Clausewitz's Theories And The Role Of Law In An Evolving Approach To Operations, Colonel Jody M. Prescott
Penn State International Law Review (1982 - 2011)
No abstract provided.
Does "Made In China" Translate To "Watch Out" For Consumers? The U.S. Congressional Response To Consumer Product Safety Concerns, Julia A. Phillips
Does "Made In China" Translate To "Watch Out" For Consumers? The U.S. Congressional Response To Consumer Product Safety Concerns, Julia A. Phillips
Penn State International Law Review (1982 - 2011)
No abstract provided.
The Incomplete Global Market For Tax Information, Steven A. Dean
The Incomplete Global Market For Tax Information, Steven A. Dean
Faculty Scholarship
No abstract provided.
Interview Of Geza Feketekuty Conducted By Rosine Plank-Brumback On April 29 And June 9, 2008, Institute Of International Economic Law, Georgetown University Law Center
Interview Of Geza Feketekuty Conducted By Rosine Plank-Brumback On April 29 And June 9, 2008, Institute Of International Economic Law, Georgetown University Law Center
The Oral History Project of the World Trading System
Interview of Geza Feketekuty, Former Senior Policy Adviser to the U.S. Trade Representative, conducted by Rosine Plank-Brumback. Interview is split between two dates, April 29 and June 9, 2008. The interview conducted on June 9, 2008 starts on page 44.
Sex And Globalization, Berta E. Hernández-Truyol
Sex And Globalization, Berta E. Hernández-Truyol
UF Law Faculty Publications
For some time now, I have focused on a mission to bring together the separate discourses of the human rights and trade fields—certainly not to blend them, but to raise awareness of their myriad interconnections. Indeed, human rights and trade are interlocking pieces of the puzzle we call international law and cannot possibly remain sequestered in the "splendid isolation" in which they have existed since their inception as disciplines. In any study of globalization, especially if one endeavors to pursue its benefits for all persons, not just the elite around the world, one must be aware of and seek to …
Interview Of John M. Weekes Conducted By Rosine Plank-Brumback On March 7, 2008 And July 7, 2008, Institute Of International Economic Law, Georgetown University Law Center
Interview Of John M. Weekes Conducted By Rosine Plank-Brumback On March 7, 2008 And July 7, 2008, Institute Of International Economic Law, Georgetown University Law Center
The Oral History Project of the World Trading System
Interview of John M. Weekes, Former Canadian Ambassador to the GATT & WTO; Former Chief NAFTA Negotiator, conducted by Rosine Plank-Brumback. Transcript includes introductory text written by John M. Weekes on June 20, 2023. Interview is split between two dates, March 7, 2008 and July 7, 2008. The interview conducted on July 7, 2008 starts on page 61.
Interview Of Mr. Åke Lindén Conducted By Rosine Plank-Brumback On March 5, 2008, Institute Of International Economic Law, Georgetown University Law Center
Interview Of Mr. Åke Lindén Conducted By Rosine Plank-Brumback On March 5, 2008, Institute Of International Economic Law, Georgetown University Law Center
The Oral History Project of the World Trading System
Interview of Mr. Åke S. Lindén, Former Special Adviser to the Director-General; Former Director for Legal Affairs and for Tariffs, GATT Secretariat, conducted by Rosine Plank-Brumback on March 5, 2008.
Interview Of David Hartridge Conducted By Rosine Plank-Brumback On March 4 And 6, 2008, Institute Of International Economic Law, Georgetown University Law Center
Interview Of David Hartridge Conducted By Rosine Plank-Brumback On March 4 And 6, 2008, Institute Of International Economic Law, Georgetown University Law Center
The Oral History Project of the World Trading System
Interview of David Hartridge, Former Acting Director-General and Director for Trade in Services, WTO Secretariat, conducted by Rosine Plank-Brumback. Interview is split between two dates, March 4 and March 6, 2008. The interview conducted on March 6, 2008 starts on page 69.
Don't Cross The Streams: Past And Present Overstatement Of Customary International Law In Connection With Conventional Fair And Equitable Treatment Obligations, Theodore Kill
Michigan Law Review
The obligation to provide fair and equitable treatment to foreign investors and investments has existed as a concept of international economic law at least since the 1919 Covenant of the League of Nations. The fair and equitable treatment provision is a key protection contained in the vast majority of modern bilateral investment treaties. Tribunals adjudicating alleged breaches of these fair and equitable treatment provisions have not arrived at a uniform interpretation of the term. As a threshold issue, however each tribunal must address the question of whether a state's obligations under a given treaty's fair and equitable treatment provision will …
Interview Of Charles J. O’Mara (Also Known As Joe O’Mara) Conducted By Rosine Plank-Brumback On February 5–6, 2008, Institute Of International Economic Law, Georgetown University Law Center
Interview Of Charles J. O’Mara (Also Known As Joe O’Mara) Conducted By Rosine Plank-Brumback On February 5–6, 2008, Institute Of International Economic Law, Georgetown University Law Center
The Oral History Project of the World Trading System
Interview of Charles J. O’Mara, Former U.S. Special Agricultural Trade Negotiator, Uruguay Round and NAFTA, conducted by Rosine Plank-Brumback. This interview is split between two dates, February 5, 2008, and February 6, 2008. The interview conducted on February 6, 2008 starts on page 31.