International Trade Law Commons^™

The Expansion Of Trademark Rights In Europe, Irina Pak

IP Theory

No abstract provided.

Why Copyright Falls Behind The Requirement For Protecting Graphic User Interfaces: Case Studies On Limitations Of Copyright Protection For Guis In China, Ling Jin, Yihong Ying

IP Theory

No abstract provided.

“Advancing With The Times: Industrial Design Protection In The Era Of Virtual Migration”, Horacio E. Gutiérrez

IP Theory

No abstract provided.

The Criminalization Of The Theft Of Trade Secrets: An Analysis Of The Economic Espionage Act, Nicola Searle

IP Theory

No abstract provided.

The End Of Forgetting And "Administrative Rights" To Our Online Personas, Jamie R. Lund

IP Theory

No abstract provided.

State Power, Religion, And Women's Rights: A Comparative Analysis Of Family Law, Mala Htun, S. Laurel Weldon

Indiana Journal of Global Legal Studies

Examining cross-national variation in family law, we find that many countries have reformed to promote sex equality. Yet a significant group retains older laws that discriminate against women. These variations reflect the diverse institutional legacies of these societies, conforming closely-but not entirely-to inherited legal traditions: civil law, common law, and postsocialist countries are the most egalitarian, while countries applying religious law are the least. Yet change is possible, even in unlikely contexts. Political conjunctures that disarm religious, nationalist, and fundamentalist opponents can open windows of opportunity for liberalizing reform.

Human Rights and Legal Systems Across the Global South, Symposium, Indiana …

Who's Responsible For This? The Globalization Of Healthcare In Developing Countries, Joshua P. Reading

Indiana Journal of Global Legal Studies

One aspect of globalization in the developed world is the privatization of services once provided by government. This trend is also arising in developing countries, albeit for different reasons, and an area where this privatization is occurring is healthcare. Despite this privatization, the standard of healthcare in many developing countries is unacceptably low. This Note provides an analysis of this phenomenon in one country-Pakistan, a developing country that has increasingly come to rely on private providers, nongovernmental organizations, and international relief groups for the provision of healthcare-in order to draw conclusions that can be applied elsewhere. While this privatization does …

Restrictive Trade Measures Based On Extraterritorial Human Rights Violations: An Analysis Under Allocation Of Regulatory Jurisdiction And Transaction Costs, Gustavo Ferreira Ribeiro

Maurer Theses and Dissertations

Are states entitled to take unilateral or collective trade measures in cases of extraterritorial human rights violations? Are states obligated to do so? The debate is often blurred by a multitude of legal, political, economic, and moral arguments that have, so far, produced many misunderstandings. On one hand, the human rights community alleges that the superiority of human rights resolves any conflict. On the other hand, the trade community fears the intrusion of human rights language and power within the trade regime, including multilateral regimes like the World Trade Organization.

While exploring the above issue, this dissertation unfolds in three …

A Fundamental Misunderstanding: Fcc Implementation Of U.S. Wto Commitments, Laura B. Sherman

Federal Communications Law Journal

In bilateral and multilateral trade agreements, the United States has agreed to open the market for telecommunications services to foreign service suppliers, an obligation implemented by the FCC since 1998. In contrast, the United States has made no commitments with respect to broadcasting services or broadcast licenses. This article clarifies the different treatment of telecommunications services and broadcast services in U.S. trade obligations and FCC orders.

Navigating The Turbulent Waters Connecting The World Trade Organization And Corporate Social Responsibility, Gustavo Ferreira Ribeiro

Indiana Journal of Global Legal Studies

This paper uses the metaphor of a fisherman's journey into the World Trade Organization (WTO) and Corporate Social Responsibility (CSR) "seas" to explore the relationship between them. It is intended to provide the reader with a basic understanding of this relationship. An argument can be made that the WTO and CSR waters are not connected at all: the WTO is an intergovernmental organization regulating rights and duties of its members (mainly states), while CSR concerns primarily non-governmental initiatives dealing with corporate behavior, such as voluntary codes of conduct and certification processes involving social and environmental standards. However, this paper explores …

Toward A World Migratory Regime, Raffaele Marchetti

Indiana Journal of Global Legal Studies

Increasing transnationalism challenges the predominant statist treatment of migration and citizenship. Global, indeed cosmopolitan, citizenship offers an alternative to open border policies and global migratory management that focuses on the extent to which political agents are free to move and join different societies. Multilayered citizenship and multileveled political membership encourages a supranational institution dedicated to global deliberation. Such a migratory regulatory system and new admission criteria developed under the universal membership regime ensure the grant of civil, social, and political rights to all migrants.

Democratization: The Contribution Of Fair Trade And Ethical Trading Movements, Janet Dine

Indiana Journal of Global Legal Studies

De-democratization and institutional corruption threaten equality among the expanding global market community. International treaties have been largely unsuccessful because they are designed to favor the more politically and economically advantaged players. In addition to meeting these challenges, there are many additional benefits to be gained from adopting the principles of the Fair Trade and Ethical Trading movements. Finally, international law has an obligation to integrate the principles of social and ethical trading movements to prevent the autonomous powers and transnational corporations from dominating the traditional, less powerful markets and so that welfare increases for all.

Democracy and the Transnational Private …

The Wto And Domestic Political Disquiet: Has Legalization Of The Global Trade Regime Gone Too Far?, James R. Cohee

Indiana Journal of Global Legal Studies

The recent "legalization" of the global trade regime (the WTO) has inspired enormous amounts of research and literature. Fewer commentators, however, have examined WTO legalization from the perspective of domestic interest groups. I add to this growing subfield of literature by arguing that the WTO has not exceeded its boundary for domestic political acceptance, nor will it likely do so in the near future. In one respect-" judicial activism"-legalization does, however, present a threat to domestic political support. Still, drawing from historical lessons, I argue that the WTO as an institution will face irrelevance only if both protectionists and multilateralists …

Book Review. Companies, International Trade And Human Rights By Janet Dine, Christiana Ochoa

Articles by Maurer Faculty

This is a book review of Janet Dine's Companies, International Trade and Human Rights (2005). While this 9-page review is quite positive, it does offer some criticisms of Dine's analysis and views.

International Trade Agreements: Vehicle For Better Public Health?, David P. Fidler, Jason Sapsin, Ann Marie Kimball

Articles by Maurer Faculty

No abstract provided.

Uberregulation Without Economics: The World Trade Organization's Decision In The U.S.-Mexico Arbitration On Telecommunications Services, General Agreement On Trade In Services, Gats, J. Gregory Sidak, Hal J. Singer

Federal Communications Law Journal

In April 2004, a World Trade Organization ("WTO") arbitration panel found that Mexico had violated its commitments under the Annex on Telecommunications to the General Agreement on Trade in Services ("GATS") by failing to ensure that Telmex, Mexico's largest supplier of basic telecommunications services, provide interconnection to U.S. telecommunications carriers at international settlement rates that were costoriented. The WTO panel deemed long run average incremental cost ("LRAIC") to be the appropriate cost standard for setting settlement rates. Mexico thus became obliged to change its domestic telecommunications regulations or face trade sanctions. The decision is the first WTO arbitration to deal …

A Lesson From Nafta: Can The Ftaa Function As A Tool For Improvement In The Lives Of Working Women, Hannah L. Meils

Indiana Law Journal

No abstract provided.

The Global Environment And Free Trade: A Vexing Problem And A Taxing Solution, John A. Barrett Jr.

Indiana Law Journal

No abstract provided.

Advance Informed Agreement: A Shared Basis For Governing Trade In Genetically Modified Organisms?, Aarti Gupta

Indiana Journal of Global Legal Studies

No abstract provided.

Employment In The New Age Of Trade And Technology: Implications For Labor And Employment Law, Kenneth G. Dau-Schmidt

Indiana Law Journal

Symposium: New Rules for a New Game: Regulating Employment Relationships in the 21st Century, held at the Indiana University School of Law-Bloomington.

The Impact Of State Sovereignty On Global Trade And International Taxation, By Ramon J. Jeffery, Michael P. Avramovich

Indiana Journal of Global Legal Studies

No abstract provided.

Liberalized Telecommunications Trade In The Wto: Implications For Universal Service Policy, Taunya L. Mclarty

Federal Communications Law Journal

The basic telecommunications commitments associated with the General Agreement on Trade in Services significantly affect market liberalization. Ultimately, a domestic legal framework that incorporates, as a part, some cost sharing for the furtherance of socially beneficial domestic policy would increase universal access benefits for some. Any detriment to those who are bearing the costs of it would be offset by the benefits that are obtained from GATS commitments on telecommunications that reduced trade barriers on services. Thus, this domestic/international arrangement could increase access to basic and enhanced services for some without decreasing universal service to any.

"Wildly Enthusiastic" About The First Multilateral Agreement On Trade In Telecommunications Services, Laura B. Sherman

Federal Communications Law Journal

In 1998, the World Trade Organization’s (WTO) "Basic Telecom Agreement" dramatically opened to foreign competition basic telecommunications services of the sixty-nine WTO Members committing to the Agreement. The process and results of the WTO negotiations are important to telecommunications consumers because there will be increased market competition, thereby decreasing the price of such services and increasing consumer choice. The negotiations that led to the WTO Agreement resolved many difficult issues including: scheduling, regulator’s independence, competitive safeguards, and interconnection of telecommunications suppliers. The resolution of these issues will allow market access and foreign ownership in over 90 percent of major markets. …

Peace Through Trade? Developments In Palestinian Trade Law During The Peace Process, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

National Legal Restructuring In Accordance With International Norms: Gatt/Wto And China's Trade Reform, Thomas Man

Indiana Journal of Global Legal Studies

No abstract provided.

Trade And Health: The Global Spread Of Diseases And International Trade, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

Something Happened: Descent Into The Immigration Maelstrom; Or Fear And Loathing In Fortress America: A Review Of Alien Nation: Common Sense About America 'S Immigration Disaster, By Peter Brimelow; Arguing Immigration: Are New Immigrants A Wealth Of Diversity... Or A Crushing Burden?, By Nicolaus Mills; Legal Immigration: Setting Priorities, By The U.S. Commission On Immigration Reform; And Us. Immigration Policy: Restoring Credibility--Executive Summary, U.S. Commission On Immigration Reform, John Scanlan

Indiana Journal of Global Legal Studies

No abstract provided.

Cooperative Standard Setting: The Road To Compatibility Or Deadlock? The Nafta's Transformation Of The Telecommunications Industry, Karen E. Lee

Federal Communications Law Journal

In an effort to reduce nontariff barriers, the North American Free Trade Agreement (NAFTA) directs its three member nations to utilize product standards set by international standard-setting organizations. What were once considered "permissible standards" are now mandatory standards as Articles 904-906 of the NAFTA mandate the telecommunications industry to adopt cooperative standard-setting by these organizations as the sole method to achieve standardization. Currently, the International Telecommunications Organization and the International Organization for Standardization are the two principal cooperative standardization organizations in the telecommunications industry.

This Note argues that the NAFTA should allow members to "opt out" of the requirement for …

'Jurassic' Trade Dispute: The Exclusion Of The Audiovisual Sector From The Gatt, Jonas M. Grant

Indiana Law Journal

No abstract provided.

The Puzzling Relationship Between Trade And Environment: Nafta, Competitiveness, And The Pursuit Of Environmental Welfare Objectives, Ileana M. Porras

Indiana Journal of Global Legal Studies

The North American Free Trade Agreement (NAFTA) is often claimed to be a "promising beginning" for the reconciliation of trade and environment. Professor Porras, however, suggests that the form that "reconciliation" takes in NAFTA is extremely problematic. Harmonization of standards to facilitate the free flow of trade is a familiar trade goal. NAFTA's provisions regarding environmental standards, however, are not a straightforward requirement to harmonize standards. Rather, NAFTA recognizes state autonomy in standard setting, on the one hand, while requiring a form of upward harmonization, on the other. According to Professor Porras, the result of such an arrangement is the …