International Trade Law Commons^™

Wherever We Go, We Leave A Trail: Surveillance And Sousveillance In The United States And United Kingdom, Allison Amatuzzo

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

No abstract provided.

It’S Dark And Hell Is Hot: Third Party Complicity In Jus In Bello Detainee Abuse And Torture, Charles L. Deibel, Ii

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

“‘Do not try to do too much with your own hands.’”

Obtaining Relief Under The Convention Against Torture: On The Issue Of Volition, Thomas F. Brier, Jr., Esq.

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

No abstract provided.

“Foreign Agents,” Sovereignty, And Political Pluralism: How The Russian Foreign Agents Law Is Shaping Civil Society, Alexandra V. Orlova

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

During the 1990s, many Russian non-governmental organizations (“NGOs”) secured foreign funding and participated in transnational advocacy networks. However, in the early 2000s, Russian authorities attempted to regain control over foreign-funded NGOs’ activities, presenting these NGOs as national security threats. The 2012 Russian Foreign Agents Law and the resulting 2018 challenge before the European Court of Human Rights reflect contemporary Russian political rhetoric that views Western governments and their agents, including NGOs, as threats to Russian sovereignty and national security. However, legal challenges also de-politicize the issues by forcing all parties into the framework of legal argument, reflecting the decline of …

Legalization And Norm Internalization: An Empirical Study Of International Human Rights Commitments Eliciting Public Support For Compliance, Matthew D. Kim, Ph.D.

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

Past studies argue that states abide by international human rights laws because the ratification of human rights treaties elicits public demand for compliance. Yet, the extent to which human rights treaties affect public support for compliance is unclear. At times, legalization of norms seems to elicit substantial public support for compliance, but at other times, legalization seems to have little effect. This study incorporates the life cycle of norms to arrive at a deeper understanding of the conditions in which international legal commitments to human rights generate public support for compliance with human rights norms. Using a series of survey …

Uncitral Working Group Iii On Isds Reform: How Cross-Cutting Issues Reshape Reform Options, Lorenzo Cotula, Thierry Berger, Lise Johnson, Brooke Güven, Jesse Coleman

Columbia Center on Sustainable Investment Staff Publications

The United Nations Commission on International Trade Law (UNCITRAL) is currently working on how to reform international investment treaties, focusing in particular on those treaties’ provisions enabling investors to sue governments in international arbitration. As an observer organization in this process, CCSI has emphasized that in the context of investor-state dispute settlement (ISDS) reform, it is important to first consider what it is that investment treaties aim to achieve, and only then to consider what form(s) of dispute settlement will best advance those objectives. This means not only looking at reform of the existing ISDS mechanism, but also alternatives to …

Draft Text Providing For Transparency And Prohibiting Certain Forms Of Third-Party Funding In Investor–State Dispute Settlement, Brooke Güven, Lise Johnson, Nathalie Bernasconi-Osterwalder, Lorenzo Cotula, Jane Kelsey

Columbia Center on Sustainable Investment Staff Publications

The United Nations Commission on International Trade Law (UNCITRAL) is currently working on how to reform international investment treaties, focusing in particular on those treaties’ provisions enabling investors to sue governments in international arbitration. As an observer organization in this process, CCSI has emphasized that in the context of investor-state dispute settlement (ISDS) reform, it is important to first consider what it is that investment treaties aim to achieve, and only then to consider what form(s) of dispute settlement will best advance those objectives. This means not only looking at reform of the existing ISDS mechanism, but also alternatives to …

Third-Party Rights In Investor-State Dispute Settlement: Options For Reform, Jesse Coleman, Lise Johnson, Brooke Güven, Lorenzo Cotula, Thierry Berger

Columbia Center on Sustainable Investment Staff Publications

The United Nations Commission on International Trade Law (UNCITRAL) is currently working on how to reform international investment treaties, focusing in particular on those treaties’ provisions enabling investors to sue governments in international arbitration. As an observer organization in this process, CCSI has emphasized that in the context of investor-state dispute settlement (ISDS) reform, it is important to first consider what it is that investment treaties aim to achieve, and only then to consider what form(s) of dispute settlement will best advance those objectives. This means not only looking at reform of the existing ISDS mechanism, but also alternatives to …

Draft Treaty Language: Withdrawal Of Consent To Arbitrate And Termination Of International Investment Agreements, Brooke Güven, Lise Johnson

Columbia Center on Sustainable Investment Staff Publications

The United Nations Commission on International Trade Law (UNCITRAL) is currently working on how to reform international investment treaties, focusing in particular on those treaties’ provisions enabling investors to sue governments in international arbitration. As an observer organization in this process, CCSI has emphasized that in the context of investor-state dispute settlement (ISDS) reform, it is important to first consider what it is that investment treaties aim to achieve, and only then to consider what form(s) of dispute settlement will best advance those objectives. This means not only looking at reform of the existing ISDS mechanism, but also alternatives to …

Trade Secret Protection In Japan And The United States: Comparison And Recommendations, Thomas Landman

Brooklyn Journal of International Law

Trade secret law is a vital, yet often misunderstood, form of intellectual property law. As economic superpowers, both Japan and the United States realize that effective trade secret protection is essential for the prosperity of their domestic economies, and both nations have enacted laws to protect their trade secrets. While both Japan and the United States are signatories to the TRIPS agreement and therefore provide a shared baseline standard of trade secret protection, cultural and systemic differences between the two nations have resulted in differences in the way each nation implements its trade secret laws. This Note traces the history …

Malaysia Historical Salvors Revisited:, John P. Given

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Human Rights Law And The Investment Treaty Regime, Jesse Coleman, Kaitlin Y. Cordes, Lise Johnson

Columbia Center on Sustainable Investment Staff Publications

In its current form, the international investment treaty regime may stymie the business and human rights agenda in various ways. The regime may incentivize governments to favour the protection of investors over the protection of human rights. Investment treaty standards enforced through investor-state arbitration risk adversely affecting access to justice for project-affected rights holders. More broadly, the regime contributes to a system of global economic governance that elevates and rewards investors’ actions and expectations, irrespective of whether they have adhered to their responsibilities to respect human rights. Without comprehensive reform, investment treaties and investor-state arbitration will continue to interfere with …

Ccsi Submits Written Views To Us Department Of State Regarding Uncitral’S Working Group Iii, Columbia Center On Sustainable Investment

Columbia Center on Sustainable Investment Staff Publications

In connection with the US Department of State’s Annual Advisory Committee on Private International law meeting in May 2019, CCSI submitted written views regarding UNCITRAL’s Working Group III on ISDS reform. CCSI’s comments highlighted specific areas of CCSI’s research as it relates to the US Government and its work within the Working Group. Specifically, US investment treaty negotiating objectives specify that covered foreign investors in the United States should not be accorded greater substantive rights than domestic investors. CCSI highlights the ways in which greater procedural rights afforded under investment treaties to foreign investors in practice result in greater substantive …

How The United States Stopped Being A Pirate Nation And Learned To Love International Copyright, John A. Rothchild

Pace Law Review

From the time of the first federal copyright law in 1790 until enactment of the International Copyright Act in 1891, U.S. copyright law did not apply to works by authors who were not citizens or residents of the United States. U.S. publishers took advantage of this lacuna in the law, and the demand among American readers for books by popular British authors, by reprinting the books of these authors without their authorization and without paying a negotiated royalty to them.

This Article tells the story of how proponents of extending copyright protections to foreign authors—called international copyright—finally succeeded after more …

Trade And The Separation Of Powers, Timothy Meyer, Ganesh Sitaraman

Vanderbilt Law School Faculty Publications

There are two paradigms through which to view trade law and policy within the American constitutional system. One paradigm sees trade law and policy as quintessentially about domestic economic policy. Institutionally, under the domestic economics paradigm, trade law falls within the province of Congress, which has legion Article I authorities over commercial matters. The second paradigm sees trade law as fundamentally about America’s relationship with foreign countries. Institutionally, under the foreign affairs paradigm, trade law is the province of the President, who speaks for the United States in foreign affairs. While both paradigms have operated throughout American history, the domestic …

Another Hague Judgements Convention? Bucking The Past To Provide For The Future, Louise Ellen Teitz

Law Faculty Scholarship

No abstract provided.

Explaining China's Legal Flexibility: History And The Institutional Imperative, Justin W. Evans

Pace International Law Review

China’s legal system appears to harbor a major tension, or even a paradox. Certainty in law facilitates economic progress, which most observers agree the Communist Party requires to maintain its power—yet the Party has opted for a flexible legal system that often impedes predictability. Prior studies explain China’s legal system as a product of certain constraints and as an expedient that allows for policy adjustments. These factors undoubtedly are at work but do not fully explain the rationale for a legal design seemingly at odds with the Party’s economic goals. To obtain a fuller view, it is necessary to consult …

The Roots And Fruits Of Good Faith In Domestic Court Practice, Thomas Neumann

Pace International Law Review

Good faith—most lawyers have an opinion on these two words. While the notion of good faith may play specific roles at domestic and regional levels, it remains an elusive siren at the international level. The concept was subject to controversy at the birth of the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) and has been debated by scholars ever since. Considering that the Convention has now been in force for over thirty years, it is agreed that time is ripe for “a call to arms for further research into a uniform standard of good …

International Criminal Responsibility In Kosovo: Establishment Of The International Criminal Court – De Lege Lata, De Lege Ferenda, Mujë Ukaj, Qendresa Jasharaj

International Journal on Responsibility

The Special Court of Kosovo (Kosovo Specialist Chambers and Specialist Prosecutor's Office) with headquarters in The Hague, is one of the biggest problems Kosovo faced since the declaration of independence. This topic has been treated very little in scientific terms, while in the media it is written very much, calling it harmful to Kosovo, and even had opinions that it is a racist court since the same will initially only judge the KLA (Kosovo Liberation Army) members for alleged war crimes in Kosovo. The Special Court of Kosovo is presented as a sui generis case in the practice of international …

Charter Cities, Lan Cao

William & Mary Bill of Rights Journal

No abstract provided.

A Conceptual And Comparative Analysis Of The Obligations Of Third-Party Certifiers, Jan De Bruyne

Ohio Northern University Law Review

No abstract provided.

Withdrawing From Nafta, Alison Peck

Faculty & Staff Scholarship

Since the 2016 campaign, Donald Trump has threatened to withdraw from NAFTA. Can he? The question is complex. For one thing, NAFTA is not a treaty negotiated under the Treaty Clause of the Constitution, but rather a congressional–executive agreement, a creature of dubious con- stitutionality and ill-defined withdrawal and termination parameters. This Article reviews the scope of those restrictions and concludes that unilateral presidential withdrawal from NAFTA, although not without support, is ultimately unlawful. On one hand, unilateral presidential withdrawal would be valid as a matter of international law, and the NAFTA Implementation Act appears to be designed to terminate …

Cybersecurity And The Protection Of Digital Assets: Assessing The Role Of International Investment Law And Arbitration, Julien Chaisse, Cristen Bauer

Vanderbilt Journal of Entertainment & Technology Law

The digital era provides many opportunities, yet it also presents several unique challenges with regard to cybersecurity and the protection of digital assets. Cybercrime has changed the international legal landscape as nations, businesses, and legislators grapple with how to deal with this rapidly evolving, multifaceted problem. As there is no international mechanism for protection of foreign investors in this regard, some scholars are advocating for the use of Bilateral Investment Treaties (BITs) as part of a 'olycentric" approach to cyber peace. With an uptick in digital development and more development on the horizon, it will be important to establish what …

Given Today's New Wave Of Protectionsim, Is Antitrust Law The Last Hope For Preserving A Free Global Economy Or Another Nail In Free Trade's Coffin?, Allison Murray

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Financial Repression In China: Short-Term Growth But Long-Term Crisis, Guangdong Xu, Michael Faure

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

How Two Sunken Ships Caused A War: The Legal And Cultural Battle Between Great Britain, Canada, And The Inuit Over The Franklin Expedition Shipwrecks, Christina Labarge

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Venezuela Undermines Gold Miner Crystallex's Attempts To Recover On Its Icsid Award, Sam Wesson

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Symposium On "International Trade In The Trump Era", Padideh Ala'i

Presentations

Speaker, Symposium on International Trade in the Trump Era, Yale Law School (February 22, 2019) Symposium: International Trade in the Trump Era Panel I: The WTO and the Future of Dispute Settlement in International Trade Presented Paper: The Vital Role of the WTO Appellate Body in the Promotion of Rule of Law and International Cooperation: A Case Study

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Bridging The Gap Between Daca And The Dream: The Bridge Act, What It Means, And Why It Matters, Ellen E. Findley

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

No abstract provided.