International Trade Law Commons^™

Introduction To Intellectual Property, Innovation And Economic Inequality, Daniel Benoliel, Peter K. Yu

Faculty Scholarship

This chapter provides an introduction to Intellectual Property, Innovation and Economic Inequality. It begins by discussing the problem of economic inequality, including the scale of that problem, types of economic inequality, and extant research on such inequality. The chapter then outlines the structure of this volume, which is divided into three parts: (1) theoretical, empirical, and policy issues; (2) intellectual property and national inequality; and (3) intellectual property and global inequality.

Intellectual Property, Innovation And Economic Inequality, Daniel Benoliel, Peter K. Yu, Francis Gurry, Keun Lee

Faculty Scholarship

While growing disparities in wealth and income are well-documented across the globe, the role of intellectual property rights is often overlooked. This volume brings together leading commentators from around the world to interrogate the interrelationship between intellectual property and economic inequality. Interdisciplinary and globally oriented by design, the book features economists, legal scholars, policy analysts, and other experts. Chapters address the impact of intellectual property rights on economic inequality, the effect of economic inequality on the protection and enforcement of these rights, and the potential use of innovation law and policy to help reduce economic inequality. The volume also tackles …

How The European Union Should Respond To Trump's Tariffs, Ignacio García Bercero, Petros C. Mavroidis, André Sapir

Faculty Scholarship

President-elect Trump has threatened to increase United States tariffs to 60 percent on imports from China and 10 percent to 20 percent on imports from other trading partners, including the European Union. In doing so the US would be ignoring its World Trade Organisation commitments and would also rollback the substantial liberalisation that has taken place during the past 80 years, with a potentially major negative impact on the world economy.

In response to this threat, the EU should pursue a three-pronged strategy.

First, the EU should engage bilaterally with the US to seek to avoid the imposition of tariffs. …

The Compatibility Of The Substance Over Form Doctrine With Tax And Investment Treaties: A Case Study Of Lone Star V The Republic Of Korea, Blazej Kuzniacki

Research Collection School Of Accountancy

In late August 2022, the Lone Star tribunal concluded one of the latest awards in tax-related investment treaty disputes (the tax-related claims account for almost USD 1.5 billion of the total of almost USD 4.7 billion claimed in compensation). It also is the first award in which the tribunal dealt with the application of the substance over form doctrine (SOFD) by tax authorities and courts of the host state to prevent the abuse of a double tax treaty (DTT), and the impact of the refusal to accord the claimants the benefits under the DTT via a domestic (Korean) SOFD on …

Disputing Personal Data In The Eu-China Comprehensive Agreement On Investment, Mark Mclaughlin

Research Collection Yong Pung How School Of Law

This chapter analyses the emerging data realms in China and the European Union against the backdrop of the Comprehensive Agreement on Investment (CAI). It examines the link between data protection and investment flows and undertakes a comparative analysis of the PIPL and GDPR. Moreover, this chapter will also analyse the Digital Silk Road in promoting China’s model of data sovereignty. While early trade and investment agreements did not consider data relevant for the regulation of cross-border commerce, modern treaties are increasingly cognisant of rules for data protection. As such, the data-related provisions of the CAI will be placed in the …

Hacked! North Korea's Billion-Dollar Crypto Heisting Scheme, Kole Zellers

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

No abstract provided.

Thinking Outside The Box: Matchmaking State Gambling Law Frameworks To International Approaches To Loot Box Regulation, Emerson B. Marles

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

No abstract provided.

Protecting Students' Privacy: Expanding The Use Of Pseudonyms In Civil Litigation Concerning Sexual Assault At Colleges In The United States And Canada, Cassi Epstein

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

No abstract provided.

From Forced To Free Labor, Christopher M. Roberts

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

No abstract provided.

The New Age Of Mining: Isa's Vision Of The Deep Seabed Mining, Ganeswar Matcha

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

No abstract provided.

Rethinking United States - Certain Measures On Steel And Aluminum Products: Rebalancing Should Be Allowed For The Section 232 Measures, Michiru Ishihara, Hiroaki Chiba-Okabe

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

No abstract provided.

The Digitization Of Trade And Artificial Intelligence: A Pandora's Box, Rafael Leal-Arcas, Lama Al Damer, Haya Al Hokail, Sultana Abdulhakim Al Saud, Salma Alshaikh, Sultana Faisal Al Saud, Sara Al Muhanna, Loulwa Faisal Al Saud, Nora Alaiban, Moudi Alsaud

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

No abstract provided.

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.

Dedication

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

No abstract provided.

How To Make Everything About Sanctions? Review Of “How Sanctions Work, Iran And The Impact Of Economic Warfare” By Bajoghli, Nasr, Salehi-Isfahani, And Vaez (2024), Siamak Javadi, Alborz Pakravan, Ojan Bahadori, Alireza Akhondi

Markets, Globalization & Development Review

A 2024 book titled “How Sanctions Work, Iran and the Impact of Economic Warfare” by Narges Bajoghli, Vali Nasr, Djavad Salehi-Isfahani, and Ali Vaez argues that sanctions have had no impact on the behavior of the Islamic Republic in Iran (IR hereafter) and have instead inflicted pain on the ordinary Iranians. While the book does offer a useful description of the evolution of the sanctions against the IR, it fails in its analysis and conclusions.

China And Global Trade Order Post Ukraine War: From Value Chains To Values Chains, Henry S. Gao

Research Collection Yong Pung How School Of Law

China has long been hailed as the biggest success story in economic development through integration into global value chains, especially since its accession to the WTO 20 years ago. However, it is much less well-known how China refitted the global value chain narrative to influence economic analysis and trade governance. At the same time, the value chains analysis also backfired when the U.S. tried to cut China out of its supply chains and pushed for decoupling with China, while China itself started to abuse its role in value chains for political gains. The process was further accelerated by the Ukraine …

Assessing Inclusivity Vs. Exclusivity: Impacts On Asean Trade Facilitation And Human Security, Ika Riswanti Putranti, Hardi Warsono, Valeria Paganizza, Dedi Abdul Hadi, Muhammad Faizal Alfian, Muhammad Subhan, Anjani Tri Fatharini, Maula Hudaya, Muhammad Arief Zuliyan, Dewi Setiyaningsih

Indonesian Journal of International Law

The ATIGA (Association of Southeast Asian Nations Trade in Goods Agreement) is an evolution of economic cooperation among ASEAN member countries which began in 1977 with the PTA (Preferential Trade Agreement) embryonic concept and was developed in the 1990s with the CEPT (Common Effective Preferential Tariff). It has driven a significant increase in intra-trade and external trade in the Southeast Asian region. The agreement was to establish a free trade zone that provides the concept of “preferences” by reducing tariff and non-tariff barriers for member countries in order to encourage regional economic growth through trade creation and trade diversion is …

China In Global Digital Trade Governance: Towards A Development-Oriented Agenda?, Yujia He, Ka Zeng

Patterson School of Diplomacy and International Commerce Faculty Publications

Existing literature on the behaviour of rising powers in global trade governance has yielded inconclusive evidence about their role and impact. This article contributes to this literature by examining China's role in global digital trade governance, an issue area which so far has not received sufficient scholarly attention. Specifically, it addresses the following question: as a self-proclaimed leader of the developing world in digital development, to what extent do its preferences and negotiation approach align with the interests of other developing countries? Analysing China's participation in three sets of negotiations using process tracing, the article argues that China's dual identity …

Several Us Trade ‘Deals’ Later, There Are Still More Questions Than Answers, Locknie Hsu

Research Collection Yong Pung How School Of Law

For ASEAN countries, the immediate question is not whether United States President Donald Trump’s tariffs are legal but how to get greater clarity about trade agreements, says SMU law professor Locknie Hsu.

Building Responsible And Sustainable Supply Chain Frameworks: Limits Of International Investment Law And The Csr Initiatives Taken By The Eu And China, Stefanie Schacherer

Research Collection Yong Pung How School Of Law

Supply chains play a pivotal role in global economic relations, fostering growth, employment, and poverty alleviation. Multinational enterprises (MNEs) are central actors in these chains, bearing responsibilities towards workers and the environment. Corporate Social Responsibility (CSR) standards guide MNEs in assessing the societal and environmental impacts of their activities, though these standards remain largely voluntary. Recent investment treaty practice shows a trend to incorporate CSR provisions in international investment agreements (IIAs), but such clauses fail to impose direct human rights, labour and environmental obligations on investors. Amidst this landscape, the EU and China, major players in global trade and investment, …

Lawfare As A Policy Tool In Sino-American Relations: The Case Of Huawei Cfo Meng Wanzhou, Zachary S. Souders

Hatfield Graduate Journal of Public Affairs

Competition between the United States and China is at an all-time high. Despite decades of diplomacy between the East and West, recent trends suggest the two powers are drifting further apart. To understand US-China relations, it is critical to understand major developments as they occur. This paper examines the geopolitical significance of United States v. Meng (2020), an extradition case in which US authorities requested the transfer of Chinese tech executive Meng Wanzhou to American jurisdiction. Despite US policymakers declaring Meng and Huawei to be threats to national security, the eventual dismissal of all charges Meng faced presents a puzzle …

De-Escalating The United States-China Trade War Using A Global Conflict Resolution Methodology Framework, Angelina Kapp

Undergraduate Honors Theses

How can the United States and China collaboratively de-escalate their current trade relationship using a conflict resolution methodology to foster economic growth and foreign investor confidence in the evolving landscape of global trade? This paper will serve as a guide to those wanting to gain a comprehensive understanding of the macroeconomic causes and impacts of the contentious trade war between the U.S. and China. The year 2018 can be attributed to the start of the war when then-President Donald Trump implemented tariffs on Chinese goods and products. These back-and-forth financial and economic measures have been continually imposed to this day …

Drawing The Line Of Scrimmage: Global Perspective Of Daily Fantasy Sports In The Advertising Space, Michael Sekich

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

No abstract provided.

Budding Solutions: Weeding Out Obstacles To Bankruptcy Protections For Marijuana Ventures, Jessica Lowen

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

No abstract provided.

Environmental, Social, And Governance (Esg) Reporting: Attempting To Bridge The Gap On Reporting Standards And The Need For Uniform Standards, Emilee Kula

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

No abstract provided.

Data Privacy And China's “Super App” Wechat, Wan Li

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

No abstract provided.

The Trips Trap Revisited, Roya Ghafele, Adam Chaddock

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

No abstract provided.

Sovereignty As Responsibility With References To The Framework Of R2p, Tor Dahl-Eriksen

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

No abstract provided.

Foreword

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

No abstract provided.