International Trade Law Commons^™

Foreword

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

No abstract provided.

Table Of Contents

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

No abstract provided.

Commercialization Of Separated Human Body Parts - Unpacking Instrumentalization Approach, Arseny Shevelev, Georgy Shevelev

Pace International Law Review

The principle of non-commercialization, which prohibits trade in separated human body parts, has long been firmly embedded in many European legal orders and has become an integral part of them. However, many new uses for human biomaterials have now been discovered, and the need for them has reached a historical climax. This paper aims to explain the main tenets of non-commercialization theory, including such principles as human dignity and need to protect human’s health, and to show that these categories have so far been understood in a very one-sided and visceral way, and largely in contradiction to their true spirit. …

Noneconomic Objectives, Global Value Chains And International Cooperation, Bernard M. Hoekman, Petros C. Mavroidis, Douglas R. Nelson

Faculty Scholarship

Systemic conflicts increasingly affect the global value chains (GVCs) underpinning globalization by creating policy uncertainty and politicizing trade and investment decisions. Unilateral policies to attain competitiveness and noneconomic objectives (NEOs), including national security, create incentives for international cooperation to attenuate policy spillovers. Recent initiatives seeking to do so are organized around supply chain governance and need not be anchored in trade agreements. Whether such cooperation is feasible and can be designed to be effective in realizing NEOs is unclear. Plurilateral GVC-centered cooperation offers a potential path for states to pursue NEOs and reduce policy uncertainty for international business. Research offers …

Industry Groups In International Governance: A Framework For Reform, Melissa (M.J.) Durkee

Scholarship@WashULaw

The Sustainable Development Goals and the UN Guiding Principles on Business and Human Rights encourage engaging with businesses as partners in important global governance agendas. Indeed, many international organizations are now partnering with business groups to secure funding and private sector engagement. At the same time, reforms at the World Health Organization, Food and Agriculture Organization and others seek to restrain the dangers of mission distortion and capture by business groups. Shareholders at major multinational oil and gas companies also recognize these dangers and seek to rein in lobbying that is at odds with the goals of the Paris Climate …

Privatizing International Governance, Melissa (M.J.) Durkee

Scholarship@WashULaw

Public-private partnerships of all kinds are increasingly common in the international system. Since United Nations Secretary-General Kofi Annan’s launch of the Global Compact in 2000, the United Nations has increasingly opened up to business entities. Now, the Sustainable Development Goals, the Global Compact, and the Guiding Principles on Business and Human Rights all encourage engaging with business entities as partners in developing and executing global governance agendas. These partnerships are seen by some as indispensable to sustainable development, international business regulation, climate change mitigation, and other global governance agendas. At the same time, UN climate change bodies have been criticized …

Incomplete Contracts And Future Data Usage, Jens Frankenreiter, Talia B. Gillis, Dan Svirsky

Scholarship@WashULaw

Most major jurisdictions require websites to provide customers with privacy policies. For consumers, a privacy policy's most important function is to provide them with a description of the online service provider's current privacy practices. We argue that these policies also serve a second, often-overlooked function: they allocate residual data usage rights to online services or consumers, including the power to decide whether a service can modify its privacy practices and use consumer data in novel ways. We further argue that a central feature of the E.U.'s General Data Protection Regulation (GDPR), one of the most comprehensive and far-reaching privacy regulatory …

Covid-19 And Investor-State Disputes: Have The Stars Aligned For Mediation?, Mark Mclaughlin

Research Collection Yong Pung How School Of Law

In response to the global pandemic, governments have compelled the production of ventilators, limited service provision to “essential” goods, suspended bills for electricity, gas and water, and implemented price and export controls. Regulatory measures have consciously inhibited economic activity and disrupted investment interests. Inevitably, foreign investors are among those adversely affected by measures directed towards the containment of COVID-19. Since the first bilateral investment treaty (“BIT”) was concluded in 1959, international investment agreements (“IIAs”) have served as derogations to the general international law principle that States have absolute discretion to restrict and regulate foreign investors within their territories.2 As such, …

Shaping New Interregionalism: The Eu-Singapore Free Trade Agreement And Beyond, Pasha L. Hsieh

Research Collection Yong Pung How School Of Law

The article examines the theoretical concept of interregionalism in the context of the evolving framework between the European Union (EU) and the Association of Southeast Asian Nations (ASEAN). As the EU's first free trade agreement (FTA) with an ASEAN country, the EU-Singapore FTA is a pathfinder agreement that signifies a new phase of interregionalism and the EU's new Asia strategy after the Treaty of Lisbon. The article argues that the innovative designs of the EU-Singapore FTA will shape the normative development of EU-ASEAN relations in the post-pandemic era. It also cautions that a comparative analysis of EU and US agreements …

Trade And Transfer Of Environmentally Sound Technology In Asean: Mapping Priorities To Economic Treaty Negotiations, Locknie Hsu

Research Collection Yong Pung How School Of Law

The 10 members of the Association of Southeast Asian Nations (“ASEAN”) share common objectives in economic, sociocultural and political-security integration. Addressing environmental concerns is animportant consideration which traverses different areas of integration policymaking. ASEAN has, in recent years, emphasised the importance of environmental considerations, including environmentally sound technologies (“ESTs”) which may contribute to its climate change mitigation and adaptation efforts, in its law and policymaking. This article discusses the nexus between ASEAN’s needs for the transfer of ESTs and the group’s economic treaty negotiations. Through a “mapping” of such needs to free trade agreementareas, it aims to provide a pathway …

Nowcasting Gdp Of Singapore Through-The-Lens Of Maritime Trade And Services, Amrita Kumar Saha, Laxmi Hari Kamath, Pfarlin Imperio Cortes

World Maritime University Dissertations

No abstract provided.

Relationship Between Hinterland Connectivity With Logistics Performance : A Case Of Sarawak, Malaysia, Nur Haziqah Binti Japar

World Maritime University Dissertations

No abstract provided.

Impact Of Maritime Trade On The Sierra Leonean Economy, Raju Gidwani

World Maritime University Dissertations

No abstract provided.

Analysis Of The Relationship Between International Trade And Economic Growth Of Jordan, Mohammed Ali Salem Shubeilat

World Maritime University Dissertations

No abstract provided.

Legal Fundamentals And Key Issues For Establishing International Ocean Carbon Sink Organization, Qilong Liao

World Maritime University Dissertations

No abstract provided.

A Chinese Perspective, Henry S. Gao

Research Collection Yong Pung How School Of Law

Many factors have been driving regional economic integration in the Asia-Pacific in the past two decades, but the main driving force in the past decade has been the strategic competition between the two biggest powers in the region — the United States and China. This paper discusses the Chinese perspective of how the US-China strategic competition has shaped regional economic cooperation, along with the disruptions brought by the COVID-19 pandemic. It concludes with some thoughts on post-pandemic economic cooperation in the region.

China’S Changing Perspective On The Wto: From Aspiration, Assimilation To Alienation, Henry S. Gao

Research Collection Yong Pung How School Of Law

Since its accession to the WTO twenty years ago, China's image has shifted from a good student aspiring to assimilate itself into the multilateral trading system to one that is increasingly alienated from key WTO principles. How has China's perspective on WTO been evolving? What are the reasons behind China's changing perspective? This paper answers these questions from the Chinese perspective with a comprehensive analysis of the key moments in China's first two decades in the WTO, followed by practical suggestions on how to engage China more constructively in the WTO and beyond.

Combatting Global Sex Trafficking: The United Nations As A Powerless Entity Or An Untapped Resource?, Kimberly M. Lennox

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

No abstract provided.

Currency Manipulation: The Tale Of Missed Jurisdiction And No Regulation, Thomas J. Crociata

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

No abstract provided.

Artificial Intelligence/ Machine Learning-Based Medical Devices: Regulatory And Patentability Challenges, May Lee

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

No abstract provided.

Keep The Local Control, Federalize Teacher Prep: Finland's Model Makes The Case For A Nationalized Teacher Certification Program, Audry E. Thompson

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

No abstract provided.

China's Foreign Investment Law: Moving Toward Greater Liberalization?, Xianjun Feng, Chuanhui Wang

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

No abstract provided.

The International Law And Politics Of The Trump Administration's Iran Policy, Nedim Hogic

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

Abstract: Donald Trump’s promise to lead an “America first” foreign policy captured the attention of both American and international legal scholars. This paper aims to join that debate by examining the international legal challenges of Trump administration’s policy towards Iran. It does so by examining two main approaches of the administration: the exercise of unilateral sanctions towards Iran and the negotiation strategy deployed by Donald Trump personally. In examining the former, the paper relies on doctrinal legal research. In examining the latter behavioral approach to international law and economics, I use a relatively novel approach borrowing insights from political psychology …

The Post-Pandemic Order: A Blueprint For Balancing Health And Ip Interests In The Age Of Covid Variants, Arjun Padmanabhan, Tanner J. Wadsworth

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

In December 2021, the World Health Assembly (“WHA”) convened to develop a pandemic response treaty for future pandemics. Unfortunately, as presently envisioned, the resulting pandemic response framework will suffer from many of the same inadequacies that prevented existing frameworks from responding effectively to COVID-19. The threat of new pandemics emerging in the future—and new variants developing in the present—call for a more integrated, robust, comprehensive solution.

This Article lays a blueprint for that solution: a global multilateral Council empowered to (1) investigate developing pandemics; (2) incentivize pharmaceutical companies to rapidly-produce vaccines and share them through voluntary licenses or TRIPS compulsory …

Asean-Korea Strategic Partnership In New Asian Regionalism, Rachel Liting Chang

Centre for Commercial Law in Asia

Over the past two decades, Asia has witnessed increasing regional trade integration with the rapid increase of free trade agreements (FTAs), constituting almost half of global trade pacts. Such a phenomenon has been said to give rise to “new Asian regionalism”, which is defined as a fundamental change in the multilateral trading system. It is a novel and normative integration process which focuses on ASEAN, and in particular the ASEAN Plus Six framework underlying Asia’s increasing economic power.

The Legality Of The European Union’S Carbon Border Adjustment Mechanism And The Limitations Of World Trade Organization Rules On Effective Climate Action, Delaney Smith

Honors Theses

In July 2021, the European Union proposed the creation of a carbon border adjustment mechanism, a trade mechanism that would levy a carbon price against imported goods. This mechanism, the first of its kind, has the potential to address weaknesses in the EU’s existing domestic cap and trade system and create a financial incentive for other nations to reduce their carbon emissions. However, legal experts have raised concerns that this mechanism may violate the rules of the World Trade Organization. If another member state raises a complaint against the measure, the European Union will be forced to navigate the World …

Regional Mapping: Digital Provisions Play A Key Role In Asia Pacific Agreements, Henry S. Gao

Research Collection Yong Pung How School Of Law

IT HAS become more commonplace for trade agreements in the Asia Pacific to include a variety of digital trade provisions. To understand the salient features of these agreements, it is helpful to map out their main baseline features. Doing so also indicates where digital trade agreements may be going or need to go. This mapping covers all free trade agreements (FTAs) with chapters on e-commerce or digital trade since 2000 by the main players in the region-China, South Korea, Japan, India, Australia, New Zealand, Singapore, Vietnam and Malaysia.

Will The European Union’S New Anti-Coercion Instrument Work With China?, Henry S. Gao

Research Collection Yong Pung How School Of Law

Recent years have witnessed the growing use of trade measures as geopolitical weapons. In response, the European Union is introducing a new instrument.

Foreword To The Special Issue On "Building A Sustainable Future: New Asian Regionalism In International Economic Law", Pasha L. Hsieh

Research Collection Yong Pung How School Of Law

We live in an unprecedented time, which witnesses the rapid transformation of global trade and politics. The neoliberal legal order in the post-war era has recently encountered multifaceted threats. Rising populist nationalism, US-China tensions and the COVID-19 pandemic have led to diverse forms of trade protectionism that has eroded the normative basis of international economic law. The Russian invasion of Ukraine and corresponding economic sanctions have further worsened the instability of the increasingly fragile supply chain and multilateral trading system. Amid these challenges, new Asian regionalism has emerged to shape and construct the new regional economic order. In response to …

The Eu-China Comprehensive Agreement On Investment: Between Strategic Opportunity And Strategic Autonomy, Henry S. Gao

Research Collection Yong Pung How School Of Law

This article provides a critical analysis of the EU-China Comprehensive Agreement on Investment (CAI), which was concluded in principle by the EU and China on 30 December 2020. It was hailed as “the most ambitious agreement that China has ever concluded with a third country” by the EU, and a “high-level” agreement that matches “international high-level economic and trade rules” by China. Upon a closer examination, however, such rhetoric does not appear to be warranted as the Agreement failed to add much in terms of substance. What, then, explains the rationale between the Agreement? This article argues that the key …