Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Intellectual Property Law (12)
- Dispute Resolution and Arbitration (10)
- International Law (10)
- Human Rights Law (9)
- Comparative and Foreign Law (8)
-
- Antitrust and Trade Regulation (5)
- Constitutional Law (5)
- Environmental Law (3)
- President/Executive Department (3)
- Administrative Law (2)
- Business Organizations Law (2)
- Health Law and Policy (2)
- Jurisprudence (2)
- Law and Gender (2)
- Law and Race (2)
- Tax Law (2)
- Taxation-Transnational (2)
- Banking and Finance Law (1)
- Bankruptcy Law (1)
- Civil Law (1)
- Common Law (1)
- Contracts (1)
- Courts (1)
- Education Law (1)
- Immigration Law (1)
- Indigenous, Indian, and Aboriginal Law (1)
- International Humanitarian Law (1)
- Internet Law (1)
- Keyword
-
- International trade (49)
- Latin America (21)
- International arbitration (7)
- World Trade Organization (7)
- Brazil (6)
-
- Free trade (5)
- Foreign investments (4)
- Investment treaties (4)
- North American Free Trade Agreement (NAFTA) (4)
- Peaceful settlement of international disputes (4)
- Trade (4)
- United States (4)
- China (3)
- Cuba (3)
- Dispute resolution (3)
- European Community (3)
- International Trade and the Law (3)
- MERCOSUR (Organization) (3)
- Mexico (3)
- NAFTA (3)
- Protectionism (3)
- Trade law (3)
- WTO (3)
- Anti-dumping (2)
- Arbitration (2)
- Areas (2)
- Argentina (2)
- Bilateral investment treaties (2)
- COVID-19 (2)
- China digital copyright reform (2)
- Publication Year
- Publication
- Publication Type
Articles 31 - 60 of 127
Full-Text Articles in International Trade Law
Forgotten Statutes: Trade Law's Domestic (Re)Turn, Kathleen Claussen
Forgotten Statutes: Trade Law's Domestic (Re)Turn, Kathleen Claussen
Articles
Since the first half of the twentieth century, the U.S. Congress has increasingly delegated its authority over tariffs to the U.S. president. Some of these statutes permit private actors to petition for tariff relief. Some also permit the president to initiate an investigation and subsequently to take trade-related or other action when certain criteria are met. Since the 1990s, however, a robust multilateral trading system has required the United States and others to resolve disputes over trade measures in Geneva, rather than through unilateral policy steps under these tariff authorities. In a stark departure from this movement away from unilateral …
Does Trade Trump Law In The Protection Of Human Rights? International Trade, Law, And Human Rights In South Africa And South Korea, Cristina Campo
Does Trade Trump Law In The Protection Of Human Rights? International Trade, Law, And Human Rights In South Africa And South Korea, Cristina Campo
University of Miami International and Comparative Law Review
International relations have become categorically dependent on the sophisticated trading systems that interconnect and empower sovereign states. Thus, a state’s focus on protecting the rights of its individuals comprising and affected by that system would appear to come secondary to the economic decisions involved in conducting trade agreements. This article asks whether the international trade regime can be used to further the protection of human rights or whether such protection should be better left in the hands of legal entities in international bodies and sovereign states. I analyze South Korea and South Africa’s legal and trade regimes—two of the world’s …
Los 60 Años De La Convención De Nueva York Y La Práctica Jurisprudencial Internacional Frente Al Reconocimiento Y Ejecución De Laudos Extranjeros Anulados En La Sede Del Arbitraje, Marlon M. Meza-Salas
Los 60 Años De La Convención De Nueva York Y La Práctica Jurisprudencial Internacional Frente Al Reconocimiento Y Ejecución De Laudos Extranjeros Anulados En La Sede Del Arbitraje, Marlon M. Meza-Salas
University of Miami International and Comparative Law Review
No abstract provided.
Bg Group V. Argentina: A Reiteration Of Undesired Complexity For A Simple Principle: Kompetenz-Kompetenz Under The Faa And The Uncitral Model Law, Ndifreke Uwem
University of Miami International and Comparative Law Review
No abstract provided.
Trading Goods For Bad: Is Public Policy Undermined By Investor State Dispute Mechanisms?, Michelle C. Perez
Trading Goods For Bad: Is Public Policy Undermined By Investor State Dispute Mechanisms?, Michelle C. Perez
University of Miami Inter-American Law Review
No abstract provided.
Using Intellectual Property Law To Promote Human Flourishing For Market Women, J. Janewa Osei-Tutu
Using Intellectual Property Law To Promote Human Flourishing For Market Women, J. Janewa Osei-Tutu
Articles
No abstract provided.
Introduction To The Yale Symposium On Trade Law Under The Trump Administration, Kathleen Claussen, David Singh Grewal
Introduction To The Yale Symposium On Trade Law Under The Trump Administration, Kathleen Claussen, David Singh Grewal
Articles
No abstract provided.
Dispute Settlement Under The Next Generation Of Free Trade Agreements, Kathleen Claussen
Dispute Settlement Under The Next Generation Of Free Trade Agreements, Kathleen Claussen
Articles
No abstract provided.
Separation Of Trade Law Powers, Kathleen Claussen
Old Wine In New Bottles? The Trade Rule Of Law, Kathleen Claussen
Old Wine In New Bottles? The Trade Rule Of Law, Kathleen Claussen
Articles
No abstract provided.
The Other Trade War, Kathleen Claussen
Investment Treaty Arbitration In Cuba, Rafael Cox Alomar
Investment Treaty Arbitration In Cuba, Rafael Cox Alomar
University of Miami Inter-American Law Review
Not since the fateful days of the 1962 Missile Crisis, has Cuba commanded as much global attention as it does today. The 2014 diplomatic rapprochement between the United States and Cuba, not only did away with the last vestiges of the Cold War in Caribbean waters, but more importantly has coincided with a period of acute ideological effervescence in Havana. Even in the face of President Raúl Castro’s resolute commitment to the principles of the 1959 Revolution, it is more than evident that Cuba is in the midst of a transformational moment. And perhaps in no other area of the …
There’S No Such Thing As A Free Trade (Agreement): The Environmental Costs Of The Trans-Pacific Partnership, Paul Nuñez
There’S No Such Thing As A Free Trade (Agreement): The Environmental Costs Of The Trans-Pacific Partnership, Paul Nuñez
University of Miami Inter-American Law Review
The global community is quickly approaching the limits of the carbon budget meant to keep the effects of climate change below 2 degrees Celsius. Yet, the Countries involved in negotiating the Trans-Pacific Partnership only incrementally strengthened the environmental protections contained within the agreement compared to other recent Free Trade Agreements. As with most Free Trade Agreements, the environmental community fears that any beneficial effect from the Trans-Pacific Partnership’s environmental provisions will be more than outweighed by its environmentally destructive consequences. The investor protection provisions are especially concerning to many environmental groups as these protections allow companies to sue governments to …
Humanizing Intellectual Property: Moving Beyond The Natural Rights Property Focus, J. Janewa Osei-Tutu
Humanizing Intellectual Property: Moving Beyond The Natural Rights Property Focus, J. Janewa Osei-Tutu
Articles
This Article compares the natural rights property framework with the international human rights framework for intellectual property. These two frameworks share a common theoretical basis in the natural rights tradition but appear to lead to conflicting outcomes. Proponents of natural rights to intellectual property tend to support more expansive intellectual property protections. Yet, advocates of a human rights approach to intellectual property contend that human rights will have a moderating influence on intellectual property law. This Article is among the first scholarly works to explore the apparent conflict between these two important frameworks for intellectual property. It concludes that a …
The Next Generation Of U.S.-Africa Trade Instruments, Kathleen Claussen
The Next Generation Of U.S.-Africa Trade Instruments, Kathleen Claussen
Articles
No abstract provided.
You Say Embargo, I Say Bloqueo - A Policy Recommendation For Promoting Foreign Direct Investment And Safeguarding Human Rights In Cuba, Marcia Narine Weldon
You Say Embargo, I Say Bloqueo - A Policy Recommendation For Promoting Foreign Direct Investment And Safeguarding Human Rights In Cuba, Marcia Narine Weldon
Articles
The United States is the only major industrialized nation that restricts trade with Cuba. Although President Obama issued several executive orders that have facilitated limited trade (and President Trump has scaled some back), an embargo remains in place, and by law, Congress cannot lift it until, among other things, the Cuban government commits to democratization and human rights reform. Unfortunately, the Cuban and U.S. governments fundamentally disagree on the definition of "human rights, " and neither side has shown a willingness to compromise. Meanwhile, although some US. investors clamor to join their European and Canadian counterparts in expanding operations in …
Human Development As An Intellectual Property Metric, J. Janewa Osei-Tutu
Human Development As An Intellectual Property Metric, J. Janewa Osei-Tutu
Articles
No abstract provided.
Treaty Of Amity, Commerce, And Navigation Between Brazil And The U.S., Prof. Dr. Attila S.L. Andrade Jr.
Treaty Of Amity, Commerce, And Navigation Between Brazil And The U.S., Prof. Dr. Attila S.L. Andrade Jr.
University of Miami Inter-American Law Review
This Article deals with the analytical history of the Treaty of Amity, Commerce and Navigation between the U.S. and Brazil. In the first part of the Article, the author analyzed all the provisions of the Treaty entered into between the two countries on December 12, 1828. The second part examined the historical causes for the early termination of the Treaty, 13 years after its execution. It suggests and evidences that the historical cause lies in a political factor, that is, the conflicts between a Republican form of government and the Brazilian Imperial political system. The third and final part of …
Investment Arbitration In East Asia And The Pacific A Statistical Analysis Of Bilateral Investment Treaties, Other International Investment Agreements And Investment Arbitrations In The Region, Sandra Friedrich, Claudia T. Salomon
Investment Arbitration In East Asia And The Pacific A Statistical Analysis Of Bilateral Investment Treaties, Other International Investment Agreements And Investment Arbitrations In The Region, Sandra Friedrich, Claudia T. Salomon
Articles
Many countries in the East Asian and Pacific (EAP) region have strengthened their networks of bilateral investment treaties (BITs) and other international investment agreements (IIAs). This growth in investment protection instruments not only illustrates the region's continued attractiveness to foreign investors, but also reflects a shift of several developing EAP countries from having been predominantly recipients of foreign investment in the past, toward becoming important sources of foreign investment abroad. Reflecting trade and investment patterns, as of December 2014, EAP countries concluded a total of at least 712 BITs and 69 other IlAs. On the heels of this development, the …
Status Of Bulk Water Exports Under Nafta, Binda Preet Sahni
Status Of Bulk Water Exports Under Nafta, Binda Preet Sahni
University of Miami International and Comparative Law Review
No abstract provided.
China's Anti-Dumping Regime And Compliance With Anti-Dumping Principles: An Analysis Using Agricultural Dumping Case Studies, Adam Soliman
China's Anti-Dumping Regime And Compliance With Anti-Dumping Principles: An Analysis Using Agricultural Dumping Case Studies, Adam Soliman
University of Miami International and Comparative Law Review
The paper assesses China's anti-dumping regime, one of the important structures implemented by China in order to become a full member of the World Trade Organization (WTO). Section One sets forth the WTO's anti-dumping principles as well as analyzes the differences between the WTO principles and the definition of "dumping" as understood by economists. In significant respects, the WTO principles allow situations that do not actually constitute dumping-in an economic sense-to be treated as "dumping," leading to the imposition of duties and sanctions. Next, the paper evaluates the degree to which the separate anti-dumping regimes of China and the U.S. …
Regional Integration In Africa, Charles Chernor Jalloh, Ademola Abass
Regional Integration In Africa, Charles Chernor Jalloh, Ademola Abass
Articles
No abstract provided.
Managing Global Supply Chains: Coca Cola And Sugar In Brazil, Caroline Bradley
Managing Global Supply Chains: Coca Cola And Sugar In Brazil, Caroline Bradley
Articles
No abstract provided.
Value Divergence In Global Intellectual Property Law, J. Janewa Osei-Tutu
Value Divergence In Global Intellectual Property Law, J. Janewa Osei-Tutu
Articles
It is a challenge for the United States to adequately protect the interests of its intellectual property industries. It is particularly difficult to effectively achieve this objective when the interests of the United States are not in line with the social, cultural, and economic goals of other nations. Yet, as a major exporter of intellectual property protected goods, the United States has an interest in negotiating effective international intellectual property agreements that are perceived to be legitimate by the state signatories and their constituents. Focusing on value divergence, this Article contributes to the growing body of literature on developing a …
Not In It For The Long Run: China's Solution For Compliance With Trips Requires More Than A Nine-Month Campaign, Devon Spencer
Not In It For The Long Run: China's Solution For Compliance With Trips Requires More Than A Nine-Month Campaign, Devon Spencer
University of Miami International and Comparative Law Review
No abstract provided.
The Enron V. Argentina Annulment Decision: Moving A Bishop Vertically In The Precarious Icsid Syste, Michael Wilson
The Enron V. Argentina Annulment Decision: Moving A Bishop Vertically In The Precarious Icsid Syste, Michael Wilson
University of Miami Inter-American Law Review
No abstract provided.
Isi, Po! Foreign Investment Dispute Resolution Does Have A Place In Trade Agreements In The Americas: A Comparative Look At Chapter 10 Of The United States -Chile Free Trade Agreement, Scott R. Jablonski
University of Miami Inter-American Law Review
No abstract provided.
Seeking A Balance: International Pharmaceutical Patent Protection, Public Health Crises, And The Emerging Threat Of Bio-Terrorism, Arnaldo Lacayo
Seeking A Balance: International Pharmaceutical Patent Protection, Public Health Crises, And The Emerging Threat Of Bio-Terrorism, Arnaldo Lacayo
University of Miami Inter-American Law Review
No abstract provided.
Hemispheric Integration And The Politics Of Regionalism: The Free Trade Area Of The Americas (Ftaa), Christopher M. Bruner
Hemispheric Integration And The Politics Of Regionalism: The Free Trade Area Of The Americas (Ftaa), Christopher M. Bruner
University of Miami Inter-American Law Review
No abstract provided.
Protectionism Or Environmental Activism? The Wto As A Means Of Reconciling The Conflict Between Global Free Trade And The Environment, Katie A. Lane
Protectionism Or Environmental Activism? The Wto As A Means Of Reconciling The Conflict Between Global Free Trade And The Environment, Katie A. Lane
University of Miami Inter-American Law Review
No abstract provided.