International Trade Law Commons^™

Trade And Environment: How Should Wto Panels Review Environmental Regulations Under Gatt Articles Iii And Xx, Kazumochi Kometani

Northwestern Journal of International Law & Business

The article discusses a GATT/WTO panel report that the author disagrees with and it lays out the proposals that he would implement to modify the report.

The Need For The Harmonisation Of Trade Laws In The Southern African Development Community (Sadc), Muna Ndulo

Cornell Law Faculty Publications

No abstract provided.

The United States Policy Of Stringent Anti-Treaty-Shopping Provisions: A Comparative Analysis, Simone M. Haug

Vanderbilt Journal of Transnational Law

Tax avoidance through international treaty shopping has become a subject of intense controversy in the international community. By shrewdly structuring businesses, corporations are currently able to take advantage of tax exemptions contained in tax treaties, though the countries that have joined the treaties never intended for them to benefit from such provisions. Many nations, including the United States, view this practice as tax treaty abuse. In response to such abuses, many countries are now incorporating strict anti-treaty-shopping provisions in their bilateral tax treaties.

Ms. Haug begins the Article by describing the practice of treaty shopping and, specifically, the various methods …

Analysis Of The U.S. Regulations Of Derivatives: Does The Use Of Such Complicated Instruments Pose A Serious Threat To The Safety And Soundness Of The U.S. Banking System?, Erwin De Deyn

LLM Theses and Essays

In the last fifteen years, the globalization of financial markets and institutions along with innovative investment strategies have caused an irreversible revolution in the world’s financial markets. Investors and managers can now use new instruments, such as derivatives, for guarding against financial risks. Derivatives are financial instruments whose returns are derived from other assets or variables, like futures and options. The growth of derivative markets has accelerated rapidly in the last ten years, which has caused financial markets in the United States and throughout the world to be more efficient, which contributes to economic welfare. However, the dramatic growth in …

Choice Of The Applicable Law In United States Maritime Law And The Venezuelan System, Daniel Eric Vielleville

LLM Theses and Essays

International maritime transport is an important means of transport in international trade. The vessels used in international maritime transport face unique dangers which necessitate maritime law that addresses the perils associated with maritime transport. Maritime law concerns many jurisdictions, which creates a special interest for the study of conflict of laws. There are private international maritime laws in addition to multilateral treaties. This paper analyzes the international approach that the United States takes in maritime conflict of laws, and compares it with the Venezuelan system of private international law. Venezuela is a civil law country with old maritime legislation which …

'Jurassic' Trade Dispute: The Exclusion Of The Audiovisual Sector From The Gatt, Jonas M. Grant

Indiana Law Journal

No abstract provided.

The Puzzling Relationship Between Trade And Environment: Nafta, Competitiveness, And The Pursuit Of Environmental Welfare Objectives, Ileana M. Porras

Indiana Journal of Global Legal Studies

The North American Free Trade Agreement (NAFTA) is often claimed to be a "promising beginning" for the reconciliation of trade and environment. Professor Porras, however, suggests that the form that "reconciliation" takes in NAFTA is extremely problematic. Harmonization of standards to facilitate the free flow of trade is a familiar trade goal. NAFTA's provisions regarding environmental standards, however, are not a straightforward requirement to harmonize standards. Rather, NAFTA recognizes state autonomy in standard setting, on the one hand, while requiring a form of upward harmonization, on the other. According to Professor Porras, the result of such an arrangement is the …

Conflicting Trends In The Flourishing International Trade Of Art And Antiquities: Restitutio In Integrum And Possessio Animo Ferundil Lucrandi, Michael J. Kelly

Penn State International Law Review (1982 - 2011)

No abstract provided.

Sovereignty, Economic Integration, And The World Trade Organization, Susan Hainsworth

Osgoode Hall Law Journal

Economic integration is altering the role of the state and the concept of sovereignty in international law. Intensifying economic interdependence has rendered sovereignty almost meaningless for an isolated state. However, the transfer and pooling of sovereignty in a jointly designed and mutually acceptable legalistic international institution allows state interests to be both respected and represented at the international level. After addressing the European Union model for managing advanced economic integration, the paper examines the extent to which the legal and institutional attributes of the new World Trade Organization represents a move towards a more legalistic international trade order, entailing a …

Developing Countries And Multilateral Trade Agreements: Law And The Promise Of Development, Chantal Thomas

Cornell Law Faculty Publications

No abstract provided.

Border Crossings: Nafta, Regulatory Restructuring, And The Politics Of Place, Ruth Buchanan

Indiana Journal of Global Legal Studies

Professor Buchanan begins her paper by questioning whether

recent economic and political shifts towards notions of

"globalization" (e.g., the NAFTA) have failed to consider the

politics or economics of change in particular places. Her prime

example of a "place" where integration is illogically forced against

a background of differentiation is the U.S.-Mexico border region.

Through the scope of a "regulatory complex" (a complex of legal,

institutional, regulatory, and social orderings), she departs from the

common view of the NAFTA as a productive tool of North American

integration, and instead views the NAFTA as exacerbating

"differences between localities, industries, and labor …

Some Observations On United States And Mexican Corporate Law, Ignacio Gomez-Palacio

United States - Mexico Law Journal (1993-2005)

No abstract provided.

The Regulation Of Solid Fuels And Mining In Mexico, Abdon Hernandez

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Electric Energy Legal And Regulatory Structure In Mexico And Opportunities After Nafta, William D. Degrandis, Michael L. Owen

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Panel Discussion: Energy Regulation In Mexico, Ewell E. Murphy Jr., Miguel Jauregui Rojas, William D. Degrandis, Abdon Hernandez

United States - Mexico Law Journal (1993-2005)

No abstract provided.

The Institutional Framework Of The North American Agreement On Labor Cooperation, Jorge F. Perez-Lopez

United States - Mexico Law Journal (1993-2005)

No abstract provided.

The First Nafta Cases: A New International Labor Rights Regime Takes Shape, Lance A. Compa

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Panel Discussion: The Challenges And Opportunities Under The Nafta Labor Cooperation Agreement, James F. Smith, Lance A. Compa, Robert E. Herzstein, Michael J. O'Neill, Jorge F. Perez-Lopez

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Panel Discussion: A Hypothetical Problem On Securities Law, Michael W. Gordon, Robert L. Kimball, Andres V. Gil, Ignacio Gomez-Palacio

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Back To The Future? The Prospects For State Monopoly In Hydrocarbons And Electric Power Under Article 27 Of The Mexican Constitution, Ewell E. Murphy Jr.

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Panel Discussion: Securities Law Questions And Comments On The Comparison Of Corporate And Securities Laws In Mexico And The United States, John M. Stephenson Jr., Robert L. Kimball, Andres V. Gil, Ignacio Gomez-Palacio

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Legal Duties And Responsibilities Of Corporate Directors And Controlling Persons Of U.S. Publicly-Owned Companies, Andres V. Gil

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Front Matter, United States-Mexico Law Journal

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Masthead, United States-Mexico Law Journal

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Editorial Notes, Rafael V. Baca, Carlos V. Quinones

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Administration Of Justice In Mexico: What Does The Future Hold, Rafael Estrada Samano

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Panel Discussion: A Hypothetical Problem On Energy Development In Mexico, Michael W. Gordon, Miguel Jauregui Rojas, William D. Degrandis, Abdon Hernandez, Suedeen G. Kelly, William M. Wilson Jr.

United States - Mexico Law Journal (1993-2005)

No abstract provided.

The Labor Cooperation Agreement Among Mexico, Canada And The United States: Its Negotiation And Prospects, Robert E. Herzstein

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Reshaping Trademark Protection In Today's Global Village: Looking Beyond Gatt's Uruguay Round Toward Global Trademark Harmonization And Centralization, Harriet R. Freeman

ILSA Journal of International & Comparative Law

The world has become a "global village" in which the "medium is the message."' A business engaged in international trade uses its trademark' as the medium to convey its message.

China's New Foreign Trade Law: Analysis And Implications For China's Gatt Bid, 28 J. Marshall L. Rev. 495 (1995), Bing Wang

UIC Law Review

No abstract provided.