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Articles 91 - 120 of 672

Full-Text Articles in International Trade Law

Table Of Contents Feb 2024

Table Of Contents

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

No abstract provided.


Dedication Feb 2024

Dedication

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

No abstract provided.


The Long And Short-Run Spatial Impacts Of Trade, Lin Ma, Yunlong Song, Yang Tang Feb 2024

The Long And Short-Run Spatial Impacts Of Trade, Lin Ma, Yunlong Song, Yang Tang

Research Collection School Of Economics

We explore how the spatial impacts of trade evolve over time using a dynamic spatial model that incorporates capital accumulation and skill acquisition. We show that in the short run, the spatial impacts of trade mainly depend on the initial conditions, especially the endowments of physical and human capital across locations. However, in the long run, trade shocks shape the distribution of production factors across space through factor accumulation and migration, resulting in significantly different spatial impacts. In the context of China’s WTO accession, we find that international trade is seven times more effective in driving the population towards coastal …


Data Sovereignty And Trade Agreements: Three Digital Kingdoms, Henry S. Gao Feb 2024

Data Sovereignty And Trade Agreements: Three Digital Kingdoms, Henry S. Gao

Research Collection Yong Pung How School Of Law

For centuries, international lawyers have wrestled with the relationship between national sovereignty and international law. This is also the case of international trade law, where the tension between trade liberalization and national sovereignty culminated in the famous “Great 1994 Sovereignty Debate” between the late Prof. John Jackson and other leading scholars when the WTO came into being. As we enter the digital age, the issue of sovereignty resurfaced once again in the form of data sovereignty. In this paper, I will examine provisions in trade agreements which deal with data sovereignty issues, such as restrictions on data flow such as …


The Geoeconomics Of Belt And Road Disputes: A Case Study On The China-Pakistan Economic Corridor, Mark Mclaughlin Jan 2024

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 …


Competition Among Purposes: The Chinese Experience In The Governance Of Climate Change And Energy Transition, Henry S. Gao, Weihuan Zhou Dec 2023

Competition Among Purposes: The Chinese Experience In The Governance Of Climate Change And Energy Transition, Henry S. Gao, Weihuan Zhou

Research Collection Yong Pung How School Of Law

Energy governance at the international level is fraught with difficulties due to the 'competition among purposes' between different bodies of international law. In this paper, we extend this thesis to argue that the same tension may be found in domestic energy governance. Drawing from China's experience in the governance of climate change and energy transition, we analyse how the misalignment of incentives between different actors and the incomplete market reform led to a drastic shift in policy in 2021. We also compare the different approaches in China's energy governance and trade governance and draw some general lessons on how developing …


China’S Changing Perspective On The Wto: From Aspiration, Assimilation To Alienation, Henry S. Gao Dec 2023

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 chapter addresses 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.


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 May 2023

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 “Deliberate Indifference” Standard Of Mental Health Care: How It Fails Unaccompanied Minors Seeking Asylum, Karina Virk May 2023

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 May 2023

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.


Semi-Presidentialism: A Pathway To Democratic Backslide, Connor Mcafee May 2023

Semi-Presidentialism: A Pathway To Democratic Backslide, Connor Mcafee

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

No abstract provided.


A Path For Cooperation Between Law Schools In China And The United States, Bryant Walker Smith, Ying Wang, Leighton Carlock, Karman Lucero May 2023

A Path For Cooperation Between Law Schools In China And The United States, Bryant Walker Smith, Ying Wang, Leighton Carlock, Karman Lucero

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

No abstract provided.


Enforcing Arbitral Awards Against States And The Defense Of Sovereign Immunity From Execution: A U.S. Perspective, Ylli Dautaj May 2023

Enforcing Arbitral Awards Against States And The Defense Of Sovereign Immunity From Execution: A U.S. Perspective, Ylli Dautaj

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

No abstract provided.


The Jus Ad Bellum In Cyberspace: A New Framework, M. Walker Brunner May 2023

The Jus Ad Bellum In Cyberspace: A New Framework, M. Walker Brunner

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

No abstract provided.


Taking Exception To Criminal Justice Reforms That Fail To Transform: Using Transitional Justice To End The Carceral State, Angela A. Allen-Bell May 2023

Taking Exception To Criminal Justice Reforms That Fail To Transform: Using Transitional Justice To End The Carceral State, Angela A. Allen-Bell

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

No abstract provided.


Foreword May 2023

Foreword

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

No abstract provided.


Table Of Contents May 2023

Table Of Contents

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

No abstract provided.


Dedication May 2023

Dedication

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

No abstract provided.


Rethinking Asia-Pacific Regionalism And New Economic Agreements, Julien Chaisse, Pasha L. Hsieh May 2023

Rethinking Asia-Pacific Regionalism And New Economic Agreements, Julien Chaisse, Pasha L. Hsieh

Research Collection Yong Pung How School Of Law

The neoliberal international order is facing a variety of pressing obstacles. One of the most contentious issues is the emergence of new Asian regionalism, which has been driven by the rising economic power of the region and integration based on the Association of Southeast Asian Nations (ASEAN) Plus Six framework. The legalization of the ASEAN way has propelled the New Regional Economic Order (NREO), which reinforces a trade-development nexus alternative to the Washington Consensus and will have far-reaching normative, economic, and geopolitical effects on the world. Given the proliferation of trade and investment initiatives including the ASEAN Economic Community and …


The Evolution Of The ‘Trade And …’ ‘Debate’: A View From Asean, Locknie Hsu Mar 2023

The Evolution Of The ‘Trade And …’ ‘Debate’: A View From Asean, Locknie Hsu

Research Collection Yong Pung How School Of Law

This article explores the ‘Trade and …’ ‘Debate’ in the context of trade and environment issues. It provides an explanation of the evolution of discussions of such issues in a non-dispute settlement context, using developments in the Association of Southeast Asian Nations’ integration efforts as illustrations. It also highlights a number of opportunities for trade and environment collaboration in negotiations for free trade agreement and Digital Economy Partnership Agreements.


New Investment Rulemaking In Asia: Between Regionalism And Domestication, Pasha L. Hsieh Feb 2023

New Investment Rulemaking In Asia: Between Regionalism And Domestication, Pasha L. Hsieh

Research Collection Yong Pung How School Of Law

The article analyses investment rulemaking in new Asian regionalism in the context of evolving national legislation and regional trade strategies. It argues that the Association of Southeast Asian Nations (ASEAN) and the Regional Comprehensive Economic Partnership (RCEP) represent Asia's pragmatic incrementalism in reforming the investment regime. The process reinforces the relationship between international economic law and domestic investment laws. In tandem with transforming international investment agreements, ASEAN expedited investment and services trade, and established the modern investor–state dispute settlement (ISDS) mechanism. The RCEP further buttresses the ASEAN centrality in regional frameworks by consolidating ASEAN Plus One agreements. Yet, the RCEP's …


Adopting Components Of European Union Esg Securities Regulations Into United States Securities Regulation, Chris Wright Jan 2023

Adopting Components Of European Union Esg Securities Regulations Into United States Securities Regulation, Chris Wright

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

No abstract provided.


Places In Purgatory: Accumulation Through Dispossession In U.S. Territories, Erin Mccracken Jan 2023

Places In Purgatory: Accumulation Through Dispossession In U.S. Territories, Erin Mccracken

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

No abstract provided.


Men Are Winning: Why Paid Paternity Leave Has Not Taken Full Flight In The United States, Nina Franco Jan 2023

Men Are Winning: Why Paid Paternity Leave Has Not Taken Full Flight In The United States, Nina Franco

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

No abstract provided.


Mapping The Evolution Of Legitimacy: Arbitration Clauses In Investment Chapters Of American International Free Trade Agreements, Victoria Crynes Jan 2023

Mapping The Evolution Of Legitimacy: Arbitration Clauses In Investment Chapters Of American International Free Trade Agreements, Victoria Crynes

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

No abstract provided.


Emancipating Human Rights Protection From The State's Stronghold: The Need For Multi-Stakeholder Solutions, Mariana Olaizola Rosenblat Jan 2023

Emancipating Human Rights Protection From The State's Stronghold: The Need For Multi-Stakeholder Solutions, Mariana Olaizola Rosenblat

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

No abstract provided.


Comparative Rights To Counsel And Access To Justice: The American And Brazilian Approaches And Realities, Fernanda Antunes Marques Junqueira, Flavio Da Costa Higa, Benjamin H. Barton Jan 2023

Comparative Rights To Counsel And Access To Justice: The American And Brazilian Approaches And Realities, Fernanda Antunes Marques Junqueira, Flavio Da Costa Higa, Benjamin H. Barton

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

No abstract provided.


An Imperfect War: The Legality Of The 'Soleimani Strike' And Why The Biden Administration Should Adopt Its Precedent For Future Operations In Iraq And Afghanistan, Stephen Jackson Jan 2023

An Imperfect War: The Legality Of The 'Soleimani Strike' And Why The Biden Administration Should Adopt Its Precedent For Future Operations In Iraq And Afghanistan, Stephen Jackson

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

No abstract provided.


Democratic Accountability In Stressful Times: When Decisions Must Be Made Quickly, Letizia Gianni Jan 2023

Democratic Accountability In Stressful Times: When Decisions Must Be Made Quickly, Letizia Gianni

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

No abstract provided.


Dedication Jan 2023

Dedication

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

No abstract provided.