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Full-Text Articles in International Trade Law

Facilitating Access To Cross-Border Supplies Of Patented Pharmaceuticals: The Case Of The Covid-19 Pandemic, Frederick M. Abbott Sep 2020

Facilitating Access To Cross-Border Supplies Of Patented Pharmaceuticals: The Case Of The Covid-19 Pandemic, Frederick M. Abbott

Scholarly Publications

The COVID-19 pandemic has brought into stark relief the gaps in global preparedness to address widespread outbreaks of deadly viral infections. This article proposes legal mechanisms for addressing critical issues facing the international community in terms of providing equitable access to vaccines, treatments, diagnostics, and medical equipment. On the supply side, the authors propose the establishment of mandatory patent pools ('Licensing Facilities') on a global or regional, or even national basis, depending upon the degree of cooperation that maybe achieved. The authors also discuss the importance of creating shared production facilities. On the demand side, the authors propose the establishment …


Selective Reshaping: China's Paradigm Shift In International Economic Governance, Heng Wang Sep 2020

Selective Reshaping: China's Paradigm Shift In International Economic Governance, Heng Wang

Research Collection Yong Pung How School Of Law

In contrast with the selective adaptation approach toward external norms seen in its accession to the World Trade Organization, China increasingly plays a proactive role on the international stage, with the Belt and Road Initiative at the center of these activities. How can we understand this new approach by China toward international economic governance? What is responsible for China's shifting approach, and what are the implications of this shift? The paper presents selective reshaping as a new theoretical framework, and argues that China is shifting toward the selective reshaping of institutions and rules within the global economic order. Within this …


The Foreign Investment Risk Review Modernization Act: The Double-Edged Sword Of U.S. Foreign Investment Regulations, J. Russell Blakey Aug 2020

The Foreign Investment Risk Review Modernization Act: The Double-Edged Sword Of U.S. Foreign Investment Regulations, J. Russell Blakey

Loyola of Los Angeles Law Review

No abstract provided.


Investment Promotion And Facilitation For Sustainable Development, Brooke Guven Jul 2020

Investment Promotion And Facilitation For Sustainable Development, Brooke Guven

Columbia Center on Sustainable Investment Staff Publications

Investment is a critical component of sustainable development. In particular, under the right conditions, foreign direct investment (FDI) can improve economic growth and living standards, create jobs, transfer technology and know-how and result in supply chain upgrading. However, its benefits are not automatic, and, if not carefully governed, investment can result in harm to the environment, labour standards and lead to tax evasion or other undesirable outcomes. Investment promotion and investment facilitation, in turn, can help states attract, expand and retain FDI.


An Inquiry Into The Scope Of Mfn Provisions In Bilateral Investment Treaties, Amit Kumar Sinha Jun 2020

An Inquiry Into The Scope Of Mfn Provisions In Bilateral Investment Treaties, Amit Kumar Sinha

Brooklyn Journal of International Law

This article inquires into the scope of MFN treatment in Bilateral Investment Treaties. The article primarily analyzes the ways in which MFN treatment may be extended to foreign investors; this includes extending favorable treatment to a foreign investor in cases of internal/domestic measures and borrowing more favorable provisions from third-party BITs. This article attempts to shed light on the interpretation and dynamics of the use of MFN provisions for internal measures. It also delves into the rationale for borrowing provisions from third-party BITs. It further presents a critique of various tribunals’ decisions and scholarly discussions and writings that deal with …


Kosovo's Controversial 100 Percent Tariff: An Analysis Of Its Imposition And The Issues Bleeding Into The Conflict Between Kosovo And Serbia, Ernira Mehmetaj Jun 2020

Kosovo's Controversial 100 Percent Tariff: An Analysis Of Its Imposition And The Issues Bleeding Into The Conflict Between Kosovo And Serbia, Ernira Mehmetaj

Brooklyn Journal of International Law

On November 6, 2018, Kosovo imposed a 10 percent tariff on products imported from Serbia and Bosnia and Herzegovina. Later that month, on November 28, 2018, after Kosovo was denied membership in the International Criminal Police Organization, Kosovo increased the custom tariffs on Serbian and Bosnian goods from 10 to 100 percent. These actions resulted in a standstill of the European Union–mandated Belgrade-Pristina dialogue—a dialogue seeking to normalize the relations between the two states. Having the tumultuous history shared by Kosovo and Serbia as a backdrop, this Note analyzes the international agreements Kosovo is party to, specifically the Central European …


The International Claims Trade, Kathleen Claussen Jun 2020

The International Claims Trade, Kathleen Claussen

Cardozo Law Review

Investments are mobile in the twenty-first century international economy. They are seldom held for their duration by a single owner from a single country. They change hands and they do so for a variety of reasons, often in the course of a dispute. But the scholarship addressing what happens when international investments and legal claims against sovereigns regarding those investments change hands appears only at the margins. The practice of buying and selling claims or claims trading is well known and institutionalized in some areas of domestic litigation. For cross-border investment disputes against sovereigns, however, many of the cases discussing …


Introduction To The Symposium On Soft And Hard Law On Business And Human Rights, Steven R. Ratner Jun 2020

Introduction To The Symposium On Soft And Hard Law On Business And Human Rights, Steven R. Ratner

Articles

This symposium turns to a major debate within a field of international law that has moved from the periphery to center stage in just a few decades—business and human rights, or BHR: Can and should international law's approach to the human rights impacts of business activity shift from today's mostly soft-law framework to a multilateral treaty regime? While advocates for and against such a treaty debate this point at the UN Human Rights Council and other venues, this symposium examines the problem from four theoretical perspectives. Each contribution offers insights for practitioners and scholars alike, but they suggest no easy …


The More Things Change, The More They Stay The Same: The United States, Trade Sanctions, And International Blocking Acts, Meaghan Jennison May 2020

The More Things Change, The More They Stay The Same: The United States, Trade Sanctions, And International Blocking Acts, Meaghan Jennison

Catholic University Law Review

When the United States unilaterally withdrew from the Joint Comprehensive Plan of Action (“JCPOA,” colloquially known as the Iran Nuclear Deal) in May of 2018, that withdrawal signaled not only the United States withdrawal from that deal, of which it had been one of the chief negotiators, but also of a new level of trade engagement by the United States and the Trump Administration within the international community. European countries, in an attempt to continue existing business relationships with the Iranians, pulled an old tool from their toolbox – the blocking statute – to attempt to allow European and multinational …


Life In A Sharing Economy: What Airbnb, Turo, And Other Accommodation-Sharing Services Mean For Cities, Zoe Mckenzie May 2020

Life In A Sharing Economy: What Airbnb, Turo, And Other Accommodation-Sharing Services Mean For Cities, Zoe Mckenzie

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

No abstract provided.


Sharing The Burden Of Citizenship: It's Time For America's Daughters To Register For The Draft, Kylie Hanlon May 2020

Sharing The Burden Of Citizenship: It's Time For America's Daughters To Register For The Draft, Kylie Hanlon

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

No abstract provided.


Going Postal: President Trump And The United States' Tumultuous Current Relationship With The Universal Postal Union, And Its Effect On The International Shipment Of Opioids, Logan Nagle May 2020

Going Postal: President Trump And The United States' Tumultuous Current Relationship With The Universal Postal Union, And Its Effect On The International Shipment Of Opioids, Logan Nagle

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

No abstract provided.


Chinese Receptions Of Carl Schmitt Since 1929, Ryan Martinez Mitchell May 2020

Chinese Receptions Of Carl Schmitt Since 1929, Ryan Martinez Mitchell

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

No abstract provided.


Territorial Status Triggering A Functional Approach To Statehood, William Thomas Worster May 2020

Territorial Status Triggering A Functional Approach To Statehood, William Thomas Worster

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

No abstract provided.


China's Approach On Data Privacy Law: A Third Way Between The U.S. And The E.U.?, Emmanuel Pernot-Leplay May 2020

China's Approach On Data Privacy Law: A Third Way Between The U.S. And The E.U.?, Emmanuel Pernot-Leplay

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

No abstract provided.


The Price Of Prosecution: The Reality For Syrian Transitional Justice, Faten Ghosn, Joanna Jandali May 2020

The Price Of Prosecution: The Reality For Syrian Transitional Justice, Faten Ghosn, Joanna Jandali

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

No abstract provided.


Foreword May 2020

Foreword

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

No abstract provided.


Table Of Contents May 2020

Table Of Contents

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

No abstract provided.


Dedication May 2020

Dedication

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

No abstract provided.


Jlia Editorial Board & Staff May 2020

Jlia Editorial Board & Staff

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

No abstract provided.


Global Animal Law And International Trade Law After Ec-Seal Products: An Interactional Analysis, Katie Sykes May 2020

Global Animal Law And International Trade Law After Ec-Seal Products: An Interactional Analysis, Katie Sykes

PhD Dissertations

This thesis is a case study of the formation of new norms in international law. The norms are those that concern animal protection. The thesis argues that international trade law is playing a part in the development of international legal norms for animal protection. The theoretical model applied is interactional international law, the theory of the constructivist international legal scholars Jutta Brunnée and Stephen Toope. Interactional theory posits that legitimate, binding international law arises from norms based on shared understandings, exhibits specifically legal characteristics that correspond to Lon Fuller’s criteria of legality, and is created, maintained and supported through interaction …


Is China Stealing Our Tech? A Look Into The Role Of Intellectual Property Rights In Us-China Trade Relations, Ryan Chester May 2020

Is China Stealing Our Tech? A Look Into The Role Of Intellectual Property Rights In Us-China Trade Relations, Ryan Chester

Honors Scholar Theses

This thesis aims to further the current scholarship on Intellectual Property Rights (IPR) and their effects on international trade and the US-China trade relationship more specifically. The main analysis of this thesis is a quantitative cross-country analysis of over 100 countries to see how IPR plays a role in international trade, while analyzing how the Sino-US trade relationship fits into larger trends. This thesis aims to answer the questions as follows: What are the current policies surrounding Intellectual Property Rights between China and the US? Does increasing the strength of IPR laws influence imports? Does the strength of a country’s …


Australia’S Tobacco Plain Packaging Law: An Analysis Of The Trips Article 20 Challenge At The Wto, Cheryl Kirschner Apr 2020

Australia’S Tobacco Plain Packaging Law: An Analysis Of The Trips Article 20 Challenge At The Wto, Cheryl Kirschner

Pace International Law Review

Australia’s Tobacco Plain Packaging Act 2011 (TPP) and corresponding regulations specify that tobacco products be packaged in a particular size box and be made of certain material. No trademark other than the brand’s name may be printed, and font, letter size, color, and other packaging aspects are specified with particularity. These measures recently withstood a contentious dispute settlement request submitted on multiple grounds by four World Trade Organization (WTO) Member countries. What does the WTO’s Panel Report in this case tell us about the extent to which a country can take measures to advance its public health initiatives without violating …


Foreword Apr 2020

Foreword

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

No abstract provided.


Table Of Contents Apr 2020

Table Of Contents

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

No abstract provided.


Dedication Apr 2020

Dedication

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

No abstract provided.


Jlia Editorial Board & Staff Apr 2020

Jlia Editorial Board & Staff

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

No abstract provided.


Autonomous Systems And The Meaning Of Humanity, David Danks, Noreen Herzfeld, Amy Pritchett, Matthias Scheutz Apr 2020

Autonomous Systems And The Meaning Of Humanity, David Danks, Noreen Herzfeld, Amy Pritchett, Matthias Scheutz

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

No abstract provided.


Autonomous Systems & Domestic Security, David Atkinson, Douglas Burig, Marc Canellas, Alan Wagner Apr 2020

Autonomous Systems & Domestic Security, David Atkinson, Douglas Burig, Marc Canellas, Alan Wagner

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

No abstract provided.


Autonomous Systems & International Norms, Charles Dunlap, Richard Jordan, Elsa Kania, Michael Klare Apr 2020

Autonomous Systems & International Norms, Charles Dunlap, Richard Jordan, Elsa Kania, Michael Klare

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

No abstract provided.