International Trade Law Commons^™

Developing Internationally Uniform Liability Principles For Harms From Genetically Modified Organisms , Ryan C. Hansen

ExpressO

This paper analyzes the current legal principles regarding liabillity for harms from genetically modified organisms (GMOs) in the U.S. and E.U., as well as the various international policies and mechanisms affecting GMOs

Are Your Click-Wrap Agreements Valid?—Internet Contracting In The Global Electronic Age: Comparative Perspectives For Taiwan, James Maxeiner

All Faculty Scholarship

Addresses the issue of standard terms in click-wrap and shrink-wrap licenses generally and in some detail how the laws of Taiwan, Germany, the European Union, the United States and Japan.

Wto Plus: Creating Liberal Investment Through Regulating Tax Incentives, Jeremiah Johnson

ExpressO

The World Trade Organization’s (WTO) narrow reading of the Agreement on Trade Related Investment Measures (TRIMs) should be expanded to prohibit specific and targeted tax incentives aimed at attracting foreign investment. These tax incentives restrict investment and trade liberalization. This paper proposes that trade and investment are intrinsically linked, and as such, the WTO is the proper forum to regulate investment measures. This paper argues the case against specific foreign investment attracting tax incentives. These incentives do little to actually attract investment, and are harmful to development. Individual tax incentives also limit the collective global benefits of investment. This paper …

A Gradual Shift In U.S. Privacy Laws Towards A Comprehensive Regime , Kamaal R. Zaidi

ExpressO

This paper examines the current trends in a predominantly sectoral U.S. privacy regime that appears to be becoming more comprehensive in nature with respect to data privacy protection. This trend has been greatly attributed to the European Union's comprehensive position on data privacy protection. This paper investigates the growth in U.S. data privacy protection in relation to federal and state legislative history, federal administrative procedures, and private industry efforts. This shift from sectoral to comprehensive regimes is significant in the backdrop of U.S-EU trade relations.

Conflicts In The Regulation Of Hostile Business Takeovers In The United State And The European Union, Barbara Ann White

All Faculty Scholarship

This essay focuses on hostile business takeovers to illustrate the significance that cultural differences among nations can play in developing a harmonized European Union law. After 12 years of development, the EU Directive regulating hostile takeovers, to everyone’s surprise, was voted down in the EU Parliament in 2001. The EU Parliament consists of the member nations and the movement to defeat the Directive was led by Germany, which had just suffered a brutal hostile takeover of its largest company by British raiders.

The “harmonization” efforts within the EU (i.e., establishing uniform laws among the member nations) mirrors the federalism movement …

Interview Of William B. Kelly Conducted By A. Jane Bradley On September 30, 2003, Institute Of International Economic Law, Georgetown University Law Center

The Oral History Project of the World Trading System

Interview of the Honorable William B. Kelly, conducted by A. Jane Bradley on September 30, 2003.

A Broader View Of Corporate Inversions: The Interplay Of Tax, Corporate And Economic Implications, Orsolya Kun

ExpressO

Multinational corporations have, in substantial numbers, moved their corporate residence from the U.S. to Bermuda, for the purpuse of minimizing U.S. taxation on their worldwide income. This study reviews the forms of these "corporate inversion transactions," and explores their tax implications, as well as their corporate governance implications and motivations. It is the first scholarly study to examine the corporate governance implications of inversions, and it concludes that previously unexplored aspects of the change of corporate domicile result in substantial reduction of accountability of directors and officers and significant impediments to enforcement of shareholder rights.

Atca, Doe V. Unocal: A Paquete Habana Approach To The Rescue, John Haberstroh

ExpressO

The article's centerpiece is the Ninth Circuit litigation (Doe v. Unocal) charging Unocal Corp. with complicity in the Burma’s government’s use of forced labor. The article first examines the Alien Tort Claims Act, under which the action is brought, through an exploration of that statute’s original purpose and historical context. The article then looks at the modern revival of ATCA in international human rights claims, and finally closely considers the Unocal litigation, in particular the September 18, 2002 decision favoring the plaintiffs. (The 2002 decision is undergoing review by an en banc panel of the Ninth Circuit, with the panel’s …

Interview Of The Honorable William Frenzel Conducted By A. Jane Bradley On August 25, 2003, Institute Of International Economic Law, Georgetown University Law Center

The Oral History Project of the World Trading System

Interview of the Honorable William "Bill" E. Frenzel, Former U.S. Congressman (R-MN), conducted by A. Jane Bradley on August 25, 2003.

Institutional And Substantive Reform Of The Anti-Dumping And Subsidy Agreements – Lessons From The Israeli Experience, Arie Reich

ExpressO

This article proposes several amendments to the Anti-Dumping (AD) Agreement and the chapter on Countervailing Duties (CVD) of the Subsidies Agreement, drawing from the experience of the State of Israel in AD and CVD administration over more than a decade. In particular, the Article argues for the need for international regulation of the institutional settings of such administration within Member States. To this end, provisions should be added to the relevant WTO agreements that relate to the nature and composition of the national administering authorities, with the guiding principle being to ensure independence of the authorities and objectivity, fairness and …

Punitive Damages: A Comparative Analysis, John Y. Gotanda

Working Paper Series

In light of expanding international trade, it is increasingly likely that politicians, courts and tribunals will wrestle with whether punitive damages are appropriate in transnational disputes, and whether countries that traditionally do no allow exemplary relief should recognize and enforce foreign awards of such damages. Furthermore, by seeing how different systems address these problems, we can gain a deeper understanding of the role of punitive damages in our own legal system and be better able to deal with punitive damages issues in the international arena. This Article undertakes a thorough comparative study of punitive damages in common law countries. It …

Imf Conditionality As Investment Regulation - A Theoretical Analysis, Daniel R. Kalderimis

ExpressO

This article examines the intersection between the International Monetary Fund (“IMF”) and foreign investment. Although the IMF was not originally designed to regulate foreign investment, IMF policies have famously required capital account liberalization as a condition for access to IMF credit. This article explores the implications of such conditionality and finds it problematic. Investment conditionality is outside the IMF’s mandate, difficult to reconcile with other existing investment regulation instruments, inimical to democracy and potentially destabilizing to the debtor country, and ineffective at ensuring long-term stable change. These conclusions necessitate a reappraisal of the governance and operations of the IMF.

Introduction: Water Law, Jay F. Stein

United States - Mexico Law Journal (1993-2005)

Also includes map of border of Mexico with the states of New Mexico and Texas

Emerging Water Issues In Mexico, Eduardo Viesca

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Mexico's Response To Problems Under The 1944 Treaty, Alberto Szekely

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Municipal Water Supply On The Border, Maria Elena Giner

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Panel Discussion: Claims Of The United States And Mexico Under The Treaty Of 1944 And The Municipal Acquisition Of Fresh Water Supplies In The Border Region, Jay F. Stein, Carlos Marin, Jill Warren, Alberto Szekely, Marilyn C. O'Leary, Maria Elena Giner

United States - Mexico Law Journal (1993-2005)

No abstract provided.

The Bellagio Draft Treaty As A Tool For Solving Border Groundwater Issues, Marilyn C. O'Leary

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Panel Discussion On The Future Of The Colorado River Delta, Malissa Hathaway Mckeith, David H. Getches, Jaime Palafox

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Introduction: The Current And Winding Paths Of Us-Mexico White Collar Crime, Bruce Zagaris

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Water Law In The Republic Of Mexico, Abdon Hernandez

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Mexico's Compliance With The 1994 Water Treaty Between The United States And Mexico: A Texas Perspective, Jill Warren

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Panel Discussion: Mexico And U.S. White Collar Crime Prevention At The Millennium, Bruce Zagaris, Carlos Loperena Ruiz, Lucinda A. Low, Leo Romero, Rodrigo Labardini, Alejandro Posadas

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Measures Adopted And Proposed By Mexico To Abate White Collar Crime, Luz Nunez Camacho

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Panel Discussion Of The Business Of Water In The Republic Of Mexico, Abdon Hernandez, Jacques Letontodot, Carlos Ramos Miranda, Len Stokes, Raul Rodriguez

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Legal Issues In The Regulation Of Water Supply In Mexico, Carlos Ramos Miranda

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Panel Discussion: Commentaries On The Prospects For The Abatement Of White Collar Crime In Mexico, Miguel Jauregui Rojas, Alejandro Posadas, Luz Nunez Camacho, Loretta Ortiz

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Political Change And Abatement Of White Collar Crime In Mexico, Alejandro Posadas

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Bi-National Border Water Supply Issues From The Perspective Of The Ibwc, Carlos Marin

United States - Mexico Law Journal (1993-2005)

No abstract provided.

The Business Of Water In Mexico, Abdon Hernandez

United States - Mexico Law Journal (1993-2005)

No abstract provided.