International Trade Law Commons^™

Students For Fair Admissions: Affirming Affirmative Action And Shapeshifting Towards Cognitive Diversity?, Steven A. Ramirez

Seattle University Law Review

The Roberts Court holds a well-earned reputation for overturning Supreme Court precedent regardless of the long-standing nature of the case. The Roberts Court knows how to overrule precedent. In Students for Fair Admissions v. Harvard (SFFA), the Court’s majority opinion never intimates that it overrules Grutter v. Bollinger, the Court’s leading opinion permitting race-based affirmative action in college admissions. Instead, the Roberts Court applied Grutter as authoritative to hold certain affirmative action programs entailing racial preferences violative of the Constitution. These programs did not provide an end point, nor did they require assessment, review, periodic expiration, or revision for greater …

Rebalancing International Investment Law, Vera Korzun

Akron Law Faculty Publications

Several reform initiatives are currently ongoing seeking to cure international investment law from its inherent pro-investor bias. To achieve this goal, recent investment treaties contain enhanced provisions on the right to regulate and seek to increase investor compliance in such areas as environmental protection, sustainable development, and corporate social responsibility. Yet, how to reconcile the ongoing reform efforts at the international and regional levels seeking to create a new, rebalanced system of international investment law? How to achieve this proverbial system where interests of foreign investors are protected without encroaching on the rights of the host states? The answers to …

The Geoeconomics Of Belt And Road Disputes: A Case Study On The China-Pakistan Economic Corridor, Mark Mclaughlin

Research Collection Yong Pung How School Of Law

This article argues that the dovetailing economic, geopolitical, and security interests that underpin the Belt and Road Initiative demands a dispute resolution mechanism that focuses on broader interests and legal rights. Using the China-Pakistan Economic Corridor (CPEC) as a case study, it identifies the conditions in which Chinese investors could have initiated an investment arbitration but did not. This can be explained by the rights-based orientation of investment treaties failing to reflect the interests of multi-project initiatives. Instead, alternative methods of home state intervention, such as state-funded political risk insurance, are used to protect investors. In other words, the political …

Divined Comity: Assessing The Vitamin C Antitrust Litigation And Updating The Second Circuit’S Prescriptive Comity Framework, William Weingarten

Fordham Journal of Corporate & Financial Law

In re Vitamin C Antitrust Litigation, recently decided by the Second Circuit, sets a grave precedent for American plaintiffs seeking redress for antitrust injuries wrought by foreign defendants. The case involved a group of Chinese manufacturers and exporters of vitamin C, who conspired to fix prices and restrict output in the export market, injuring American consumers in import commerce. The foreign manufacturers conceded that they had colluded in fixing prices and restricting output, in flagrant violation of U.S. antitrust law. And yet, with the assistance of the Chinese government—intervening as amicus curiae—the defendants were successfully able to argue, on appeal …

The Sword, The Shield, And The Jab: How Nato Can Bypass The Un And World Health Organization To Help Control And Prevent Future Pandemics, Aaron Earlywine

Brooklyn Journal of International Law

An autopsy of the world’s response to the COVID-19 pandemic reveals many preexisting conditions that only exacerbated the crisis. Chief among them are the failures and obfuscations of the World Health Organization (WHO). The WHO is sick with corruption, incompetence, or at very least riddled with dysfunction. This is not the first time the WHO has proven itself unable to meet the demands of global health initiatives, let alone global health crises. Not only is this dysfunctional organization proving itself to be a money-consuming abscess, but hostile powers, namely China, have used it to covertly wield influence and shield themselves …

Enough Excuses On Drug Importation: A New Transnational Paradigm For Fda Regulation And Lower Us Drug Prices, Gabriel Levitt

Brooklyn Journal of International Law

The US Food and Drug Administration (FDA), which enforces drug safety laws, asserts that under most circumstances the importation of prescription drugs is illegal. Yet because of high drug prices in the United States, over the past couple of decades, tens of millions of Americans have imported prescription drugs for personal use. For many, this was their only way to afford them. A unique array of federal laws, regulations, and policies, including the de facto decriminalization of the practice of personal drug importation, have in effect permitted personal drug importation. The same exceptions, however, are not available for commercial drug …

Combatting A Crisis Of Global Food Protectionism Sparked By The War In Ukraine, Daniel C.K. Chow, Ian M. Sheldon

Vanderbilt Journal of Transnational Law

The world is currently gripped in a food crisis of historic proportions that is threatening tens of millions of people in the poorest countries of the world with famine and starvation. Sparked by the war in Ukraine, this crisis is being made worse by nations imposing export restrictions on food in a misguided attempt to curb soaring domestic food prices. Export restrictions are "beggar-thy-neighbor" policies that prevent increases in domestic food prices but at the expense of raising world prices, exacerbating the crisis. Although nations have turned to the World Trade Organization (WTO) for help in removing these export restrictions, …

Market Access Obligations And Foreign Investments In Renewable Energy: An Analysis Of International Trade And Investment Law Instruments, Mohammad Akefi Ghaziani, Mostafa Fazaeli, Moosa Akefi Ghaziani, Huma Amin

Indonesian Journal of International Law

Today's development of renewable energy technologies is perceived as an essential ingredient of the world’s response to emerging challenges of energy security, global warming, and climate change. However, the global deployment of renewables needs huge financial and technological contributions that many States cannot afford. Therefore the promotion of foreign investments in this sector is at the stake. However, the global flow of investment and technology in this sector is not free from the regulations of international trade and investment law instruments. Among the prominent provisions common to these instruments are Market Access obligations. WTO agreements and IIAs provide for different …

How Does Chinese Law Regulate Franchising, Radwa Elsaman

Ohio Northern University Law Review

No abstract provided.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Vaccine Development, The China Dilemma, And International Regulatory Challenges, Peter K. Yu

Faculty Scholarship

This article examines the role played by China in the development of international regulatory standards at the intersection of intellectual prop- erty, international trade, and public health. It begins by briefly discussing the role China has played in the global health arena during the COVID-19 pandemic. The article then highlights the difficulty in determining how best to engage with the country in the development of new international regula- tory standards. It shows that the preferred method of engagement will likely depend on one’s perspective on China’s potential contributions and hin- drances: a perspective that focuses on global competition—in the economic, …

The Enforce And Protect Act: A Primer On The Administrative Cbp Process And Summary Of Judicial Decisions, Michael E. Roll, Ashley Akers

Vanderbilt Journal of Transnational Law

Enacted in 2015, the Enforce and Protect Act (EAPA)1 gives U.S. Customs & Border Protection (CBP) enhanced tools to enforce U.S. antidumping and countervailing duty (AD/CVD) laws and to protect US industry, which has complained for years that importers and foreign sellers were evading US AD/CVD orders.2 From the point of view of many in US industry, by the time CBP took enforcement action, violators would disappear and CBP would be unable to collect AD/CVD owed for products imported into the United States.3 As a result, US industry would contend that the intended effects of the AD/CVD order, namely, a …

Substantial Transformation: The Worst Rule For Determining Origin Of Goods - Except For All The Rest, John M. Peterson

Vanderbilt Journal of Transnational Law

Determining the origin of an imported product for purposes of assessing Customs duties has gained exceptional importance in recent years due to the imposition of "retaliatory" duties on Chinese goods pursuant to Section 301 of the Trade Act of 1974 and "national security" duties on steel and aluminum imports pursuant to Section 232 of the Trade Expansion Act of 1962. Although United States courts, eight decades ago, pronounced a rule of "substantial transformation" based on manufacturing or processing that results in the creation of a new article of commerce, having a name, character, or use different than its ingredients or …

Two Decades Of Trips In China, Peter K. Yu

Faculty Scholarship

This chapter reviews China’s engagement with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) in the past twenty years. It begins by highlighting TRIPS-related developments in the first decade of China’s WTO membership. The chapter then discusses the country’s ‘innovative turn’ in the mid-2000s and the ramifications of its changing policy positions. This chapter continues to examine the US-China trade war, in particular the second TRIPS complaint that the United States filed against China in March 2018. It concludes with observations about the impact of the TRIPS Agreement on China, China’s impact on that agreement and how the …

Safeguarding Sovereignty: Indonesia's Solution To The Raw Materials Case In Wto, Muhammad Reza Syariffudin Zaki, Muhammad Haykal Armanto, Rafsi Azzam Hibatullah Albar, Stefan Koos

Indonesian Journal of International Law

Indonesia’s export restriction on raw materials was based upon Law No. 4 of 2009 on Mineral and Coal Mining as amended with Law No. 3 of 2020. January 1^st of 2020 marks nickel to be the first mineral to be affected by the raw mineral export ban policy. This measure has sparked a controversy in the international community, as the European Union deemed that this measure is against the principles of the World Trade Organization of nonrestrictive trade policies. This phenomenon was brought to the Dispute Settlement Body of the WTO as DS592 – Indonesia Measures Relating to Raw …

Dumping Practices And Competition As Double-Edged Sword: Indonesia Practices, Sukarmi Sukarmi, Fransiska Ayulistya Susanto

Indonesian Journal of International Law

Dumping practices are typically related to business competition, namely predatory pricing. The issue under consideration is how the practice of dumping is viewed through the perspectives of business competition law and international trade law, as well as how the Indonesian Commission for the Supervision of Business Competition (KPPU) handles this issue. This article examines and analyzes the relationship between dumping behavior and business competition, as well as the authority with which institutions will handle predatory pricing caused by dumping behavior. The results of the analysis show that dumping is a violation of international trade law under the World Trade …

Federal Data Privacy Regulation: Do Not Expect An American Gdpr, Matt Buckley

DePaul Business & Commercial Law Journal

No abstract provided.

Legal Representation And The Metaverse: The Ethics Of Practicing In Multiple Realities, Madeline Brom

DePaul Business & Commercial Law Journal

No abstract provided.

Welcome Address, Lauren Mckenzie

DePaul Business & Commercial Law Journal

No abstract provided.

Front Matter

DePaul Business & Commercial Law Journal

No abstract provided.

Prioritizing Regional Wildlife Conservation By Rejuvenating The Western Hemisphere Convention On Nature Protection, Shade Streeter, David Hunter, William Snape Iii

Sustainable Development Law & Policy

Last year, parties to the Convention on Biological Diversity (“CBD”), representing nearly every nation, signed a milestone agreement committing, among other things, to conserve thirty percent of Earth’s lands and oceans to stave off the rapid diminution of the planet’s biodiversity. Implementing these global commitments will require not only strong domestic measures, but also enhanced regional cooperation targeting the conservation of the region’s migratory wildlife and shared resources. Although the United States is the sole major holdout from the CBD, it can still reassert its leadership in regional wildlife conservation by rejuvenating the Convention on Nature Protection and Wildlife Preservation …

Unclos, Undrip & Tartupaluk: The Grim Tale Of Hans Isle And Graense, Christopher Mark Macneill

Sustainable Development Law & Policy

“Inuit have lived in the Arctic from time immemorial.” The Arctic, in the face of climate change, has become a hot spot for exploration, resource extraction, and increased shipping and scientific activity. “[The] Inuit . . . have had a common and shared use of the sea area and the adjacent coasts” among their own communities, and contemporaneously with the world. This vast circumpolar Inuit Arctic region includes land, sea, and ice stretching from eastern Russia (Chukotka region) across the Berring Strait, to Alaska, the Canadian Arctic, and Greenland, representing an Inuit homeland known as Nunaat. Hans Isle, a small …

The Great Climate Migration: A Critique Of Global Legal Standards Of Climate-Change Caused Harm, Mariah Stephens

Sustainable Development Law & Policy

Approximately 2.4 billion people, or about forty percent of the global population, live within sixty miles (one hundred kilometers) of a coastline. The United Nations (“U.N.”) determined that “a sea level rise of half a meter could displace 1.2 million people from low-lying islands in the Caribbean Sea and the Indian and Pacific Oceans, with that number almost doubling if the sea level rises by two metres.” The U.N. also reports that “sudden weather-related hazards” have internally displaced an annual average of 21.5 million people since 2008. Within the next few decades, this number is likely to continue to increase. …

The Future Of Crypto-Asset Mining: The Inflation Reduction Act And The Need For Uniform Federal Regulation, Liz Guinan

Sustainable Development Law & Policy

Crypto-asset mining is energy-intensive and environmentally harmful, presenting challenges and opportunities for federal, state and local governments, regulators, and society as a whole. As of December 2021, the United States has thirty-eight percent of the global crypto network hash rate, which is the total amount of computational power used to mine and process crypto transactions, making the United States the world’s largest crypto-asset mining industry. The total electricity consumption of crypto-asset mining in the United States is estimated to be around 121.36 terawatt-hours (“TWh”) per year, which is equivalent to the electricity consumption of approximately 10.9 million households in the …

Editors' Note, Rachel Keylon, Meghen Sullivan

Sustainable Development Law & Policy

For more than two decades, the Sustainable Development Law and Policy Brief (“SDLP”) has published works analyzing emerging legal and policy issues within the fields of environmental, energy, sustainable development, and natural resources law. SDLP has also prioritized making space for law students in the conversation. We are honored to continue this tradition in Volume XXIII.

Trade-Based Solutions For Revitalizing Post-Conflict Economies, Ryan R. Migeed

Michigan Journal of International Law

International trade improves efficiency in home markets, creates new sources of demand for domestic industries, and boosts worker productivity. However, some types of trade are better than others for reviving the economies of countries emerging from internal or international armed conflicts. This note evaluates existing trade mechanisms that ostensibly help developing countries but fail to actually do so. It ultimately recommends the use of investor-state partnerships over trade-based mechanisms as the appropriate tool for improving the economies of post-conflict states. Part I evaluates a number of these existing trade mechanisms, including preferential trade agreements and the General System of Preferences. …

The Artistry Of Mediation: A Look At Mediation’S Effectiveness For Resolving Cross-Cultural Disputes Through The Leonardo Da Vinci Conflict Between France’S Louvre Museum And Italy’S Uffizi Gallery, Sophia D. Casetta

Pepperdine Journal of Communication Research

Art is powerful, as it symbolizes the history and identity of the country that claims it. However, through timely transitions, such as trade and wars, the ownership of meaningful artworks blurs, with museums fighting to claim their heritage to put on honorable display for their people. Mediation can be a peaceful means to resolve art ownership disputes, as it accounts for respecting the individual cultures of the countries represented in the dispute. Using the key medication traits described within this essay, a prepared mediator involved in such a cross-cultural conflict should be able to help resolve the issue at hand. …

The House Doesn't Always Win, Jennifer Owen

International Conference on Gambling & Risk Taking

In June 2015, fourteen South Korean casino executives were arrested on charges of soliciting Chinese players to gamble in their casinos. This single event foreshadowed a seismic change in the Australian casino market that few would have anticipated. The events which unfolded led to the two largest casino operators in Australia being found unsuitable to operate their casinos, and unable to hold their licenses. Collectively, these two casino groups reported revenues of $5.0bn in 2019, accounting for 92% of the total Australian casino market.

Both are now operating under various forms of special supervision until it can be demonstrated that …

The “Deliberate Indifference” Standard Of Mental Health Care: How It Fails Unaccompanied Minors Seeking Asylum, Karina Virk

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Must China Pay? How Claims Against China For Covid-19 Reveal Flaws In The International Legal System That Make Accountability Impractical, Talia Danielle Sturkie

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.