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Articles 1 - 30 of 53
Full-Text Articles in International Trade Law
Balancing Predictability With Flexibility In Contract Negotiation And Drafting, Tahirih V. Lee
Balancing Predictability With Flexibility In Contract Negotiation And Drafting, Tahirih V. Lee
Scholarly Publications
No abstract provided.
100 Years Of International Ip - Reflections On Past, Present And Future, Frederick M. Abbott
100 Years Of International Ip - Reflections On Past, Present And Future, Frederick M. Abbott
Scholarly Publications
We have been asked to reflect on the past 100 years of international intellectual property law and to try to project forward about what changes might be necessary or desirable in the future. Only a science fiction writer would purport to have some idea about what things might look like a hundred years in the future, including from the standpoint of international intellectual property, so my remarks on that will be somewhat more proximate to the present.
The Remote Nature Of International Trade Transactions, Tahirih V. Lee
The Remote Nature Of International Trade Transactions, Tahirih V. Lee
Scholarly Publications
During the spring of 2020 through the spring of 2021 of the COVID-19 pandemic, most of the courses at the Florida State University College of Law were moved to Zoom in order to be taught remotely. This transition was painful and inadequate for many of the traditional-style law school courses. However, FSU's International Trade Transactions course, which has operated around a digitized transactional world for twenty years, smoothly transitioned to remote learning. As the teacher of this course, I would like to explore what students learn in that transactional world, and also how that learning helps the students after law …
Child-Proofing Global Public Health In Anticipation Of Emergency, Frederick M. Abbott
Child-Proofing Global Public Health In Anticipation Of Emergency, Frederick M. Abbott
Scholarly Publications
No abstract provided.
Facilitating Access To Cross-Border Supplies Of Patented Pharmaceuticals: The Case Of The Covid-19 Pandemic, Frederick M. Abbott
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 …
Defining A Country's "Fair Share" Of Taxes, Adam H. Rosenzweig
Defining A Country's "Fair Share" Of Taxes, Adam H. Rosenzweig
Florida State University Law Review
The international tax regime is facing a defining moment. As stories of multinational companies expatriating and shifting income around the world with seeming impunity continue to emerge, the question of how to divide the international tax base among the countries of the world increasingly draws attention from policy-makers and academics. To date, however, the debate has tended to devolve into one over the two traditional tools used to divide worldwide tax base—transfer pricing and formulary apportionment. This Article demonstrates that such focus is misplaced on the instruments of dividing the worldwide tax base rather than on first principles. Instead, this …
Retail Investments In Precious And Industrial Metals: Mining For Proper Regulation Aimed Toward Investor Strategy, Tanya Lambrechts
Retail Investments In Precious And Industrial Metals: Mining For Proper Regulation Aimed Toward Investor Strategy, Tanya Lambrechts
Florida State University Law Review
No abstract provided.
International Trade And Investment Law And Carbon Management Technologies, Shi-Ling Hsu, Nigel Bankes, Anatlole Boute, Steve Charnovitz, Sarah Mccalla, Nicholas Rivers, Elizabeth Whitsitt
International Trade And Investment Law And Carbon Management Technologies, Shi-Ling Hsu, Nigel Bankes, Anatlole Boute, Steve Charnovitz, Sarah Mccalla, Nicholas Rivers, Elizabeth Whitsitt
Scholarly Publications
Reducing emissions of greenhouse gases will require the developing carbon management technologies that are not currently available or that are not currently cost-effective. While market mechanisms, such as carbon pricing, must play a central role in stimulating the development of these technologies, governmental policy aimed at fostering carbon management technologies and lowering their costs must also play a part. Both types of policies will form part of an optimal greenhouse gas control portfolio. This article develops a framework of international trade and investment law insofar as they may affect carbon management technologies. While it is commonly perceived that international trade …
A Game-Theoretic Model Of International Climate Negotiations, Shi-Ling Hsu
A Game-Theoretic Model Of International Climate Negotiations, Shi-Ling Hsu
Scholarly Publications
No abstract provided.
Agreements That Divide: Trips Vs. Cbd And Proposals For Mandatory Disclosure Of Source And Origin Of Genetic Resources In Patent Applications Comment, Jonathan Carr
Florida State University Journal of Transnational Law & Policy
In an attempt to unify the regulation of intellectual property, the TRIPS Agreement sets forth standards for intellectual property law. Recently, however, many countries have become divided on the issue of whether member countries should be required to disclose the source and origin of genetic resources used in patented technologies. Developing countries claim that enforcement of such a requirement would help remedy the global biopiracy problem. This article reviews and assesses the many proposals to amend the TRIPS Agreement as well as the responses from countries, such as the United States, opposing the proposals. Included is a brief discussion about …
A Legal Regime For State-Owned Companies In The Modern Era, Phillip Riblett
A Legal Regime For State-Owned Companies In The Modern Era, Phillip Riblett
Florida State University Journal of Transnational Law & Policy
Foreign state-owned companies (SOCs), particularly those in the energy sector, are more powerful than ever before. Yet under the Foreign Sovereign Immunities Act of 1976 (FSIA), agencies and instrumentalities-a category in which many SOCs fall-enjoy a presumption of immunity. At the same time, however, pursuant to the U.S. Supreme Court's 1983 decision in First National City Bank v. Banco Para el Comercio Exterior de Cuba, in most cases the foreign state also enjoys the benefit of legal separateness-i.e., it is very difficult for a third party to "pierce the corporate veil" between the sovereign and its subsidiary. Thus, SOCs enjoy …
Questioning The Silence Of The Bench: Reflections On Oral Proceedings At The International Court Of Justice, Cecily Rose
Questioning The Silence Of The Bench: Reflections On Oral Proceedings At The International Court Of Justice, Cecily Rose
Florida State University Journal of Transnational Law & Policy
The growth of the docket of the International Court of Justice over the last several decades has been both a sign of its success and a source of its troubles. Because the Court's continued attractiveness as a forum for dispute settlement depends not only on the quality of its judgments, but also on the efficiency of its procedures, the Court has responded by attempting to modernize its working methods. Literature concerning the weaknesses of the Court's procedures, however, has not focused on how oral proceedings suffer from an absence of direct exchanges between the judges and counsel. The judges' hesitancy …
Painted Into A Corner: Rembrandt's Bankruptcy Today, Brian Logan Beirne
Painted Into A Corner: Rembrandt's Bankruptcy Today, Brian Logan Beirne
Florida State University Journal of Transnational Law & Policy
This Article analyzes the development of the concept of bankruptcy by examining Rembrandt's insolvency through the lens of modern law. To lay a foundation, it provides the historical context of Rembrandt's bankruptcy and his specific actions most pertinent to modern bankruptcy proceedings. This analysis then transitions into the modern era with a comparison of the seventeenth-century Dutch insolvency to modern bankruptcy law. It then proceeds to analyze this famous insolvency had it occurred today. This case demonstrates the means by which insolvency law serves society's interests by providing debtors such as Rembrandt with a second chance to contribute to the …
Free To Follow The Rules: A Glimpse At The Role Of Iraqi Media, Past, Present, And Future Comment, Cheryl D. Kluwe
Free To Follow The Rules: A Glimpse At The Role Of Iraqi Media, Past, Present, And Future Comment, Cheryl D. Kluwe
Florida State University Journal of Transnational Law & Policy
The Iraqi media has always reflected the social attitudes of the people who controlled it and, to a much lesser degree, those of its recipients. This Comment is a brief foray into a few of the reasons for the recent changes in that dynamic. It is a discussion of how the transition of the native Iraqi media into a semblance of a free press has been affected by conditions both inside and outside of Iraq, public perception, and the U.S. government's varying influence over the Iraqi media. This short work as a whole underscores an uneasy symmetry between old attitudes …
The Case Of The Eroding Special Immigrant Juvenile Status, Wendi J. Adelson
The Case Of The Eroding Special Immigrant Juvenile Status, Wendi J. Adelson
Florida State University Journal of Transnational Law & Policy
This Article provides a case study of a larger problem in American administrative law: the creation of unexecuted rights, with a focus in particular on the recent degradation of the Special Immigrant Juvenile Status (SIJS). Nearly twenty years ago, Congress drafted legislation providing for a pathway to citizenship for unaccompanied minors. In subsequent years, the Department of Homeland Security has ignored Congress' mandate to issue policy directives implementing the benefits and privileges associated with SIJS in a manner that would allow eligible persons to take advantage of this status. After explicating the nature of this creeping erosion of the SIJS …
Peru's Too Expensive - I'Ll Get My Cheese From Chile: The Agricultural Market Access Provisions Of The U.S.-Chile Fta And The U.S.-Peru Tpa, Guillermo Gabriel Zorogastua
Peru's Too Expensive - I'Ll Get My Cheese From Chile: The Agricultural Market Access Provisions Of The U.S.-Chile Fta And The U.S.-Peru Tpa, Guillermo Gabriel Zorogastua
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Decentralized Proliferation Of International Judicial Bodies, Sang Wook Daniel Han
Decentralized Proliferation Of International Judicial Bodies, Sang Wook Daniel Han
Florida State University Journal of Transnational Law & Policy
No abstract provided.
What Do We Owe Each Other In The Global Economic Order?: Constructivist And Contractualist Accounts, John Linarelli
What Do We Owe Each Other In The Global Economic Order?: Constructivist And Contractualist Accounts, John Linarelli
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Book Review: Assessing The Cec's Impact On Nafta, Robert C. Hale
Book Review: Assessing The Cec's Impact On Nafta, Robert C. Hale
Florida State University Journal of Transnational Law & Policy
No abstract provided.
The Conflict Between Facilitating International Trade And Protecting U.S. Agriculture From Invasive Species: Aphis, The U.S. Plant Protection Laws, And The Argentine Citrus Dispute, Terence P. Stewart, Caryn B. Schenewerk
The Conflict Between Facilitating International Trade And Protecting U.S. Agriculture From Invasive Species: Aphis, The U.S. Plant Protection Laws, And The Argentine Citrus Dispute, Terence P. Stewart, Caryn B. Schenewerk
Florida State University Journal of Transnational Law & Policy
No abstract provided.
The Caribbean Basin Initiative: An Examination Of Structural Dependency, Good Neighbor Relations, And American Investment, Michael Cornell Dypski
The Caribbean Basin Initiative: An Examination Of Structural Dependency, Good Neighbor Relations, And American Investment, Michael Cornell Dypski
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Overcoming Apathetic Internationalism To Generate Hemispheric Benefits: Analysis Of And Arguments For Recent Secured Transactions Laws In Mexico, Hale S. Sheppard
Overcoming Apathetic Internationalism To Generate Hemispheric Benefits: Analysis Of And Arguments For Recent Secured Transactions Laws In Mexico, Hale S. Sheppard
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Sustainable Development: Reevaluating The Trade Vs. Turtles Conflict At The Wto, Virginia Dailey
Sustainable Development: Reevaluating The Trade Vs. Turtles Conflict At The Wto, Virginia Dailey
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Sizing Up The Wto: Trade-Environment Conflict And The Kyoto Protocol, Tania Voon
Sizing Up The Wto: Trade-Environment Conflict And The Kyoto Protocol, Tania Voon
Florida State University Journal of Transnational Law & Policy
No abstract provided.
The Capacity Of Chinese Enterprises To Engage In Foreign Trade: Does Restriction Help Or Hinder China's Trade Relations?, Mark Williams, Zhong Jianhua
The Capacity Of Chinese Enterprises To Engage In Foreign Trade: Does Restriction Help Or Hinder China's Trade Relations?, Mark Williams, Zhong Jianhua
Florida State University Journal of Transnational Law & Policy
No abstract provided.
The Precedent Setters: De Facto Stare Decisis In Two Adjudication (Part Two Of A Trilogy), Raj Bhala
The Precedent Setters: De Facto Stare Decisis In Two Adjudication (Part Two Of A Trilogy), Raj Bhala
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Foreign Trade Regulation Of Korea In The Wto World, Eun Sup Lee
Foreign Trade Regulation Of Korea In The Wto World, Eun Sup Lee
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Sovereignty And Delegation Issues Regarding U.S. Commitment To The World Trade Organization's Dispute Settlement Process, Mari Presley
Sovereignty And Delegation Issues Regarding U.S. Commitment To The World Trade Organization's Dispute Settlement Process, Mari Presley
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Business Reorganization In The Caribbean: A Comparative Analysis Of Some Legislative Models, John Jeremie
Business Reorganization In The Caribbean: A Comparative Analysis Of Some Legislative Models, John Jeremie
Florida State University Journal of Transnational Law & Policy
No abstract provided.
United States Haitian Interdiction Policy: Sale V. Haitian Centers Council, Inc., Dario Perez
United States Haitian Interdiction Policy: Sale V. Haitian Centers Council, Inc., Dario Perez
Florida State University Journal of Transnational Law & Policy
No abstract provided.