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Articles 121 - 150 of 152
Full-Text Articles in International Trade Law
The World Trade Organization: Environmental Police?, Jane I. Yoon
The World Trade Organization: Environmental Police?, Jane I. Yoon
Cardozo Journal of International and Comparative Law
The note examines the tension between the World Trade Organization's (WTO) primary goal of promoting free trade and its efforts to address environmental concerns. While the WTO has established mechanisms like the Committee on Trade and Environment (CTE) to reconcile trade and environmental issues, critics argue that its framework prioritizes trade over environmental protection. The note concludes that the WTO's environmental aspirations are commendable but ultimately impractical due to the inherent conflict between trade liberalization and environmental goals.
Extraterritorial Merger Regulation: Policies, Problems And A Proposal Explored Through The Planned Dow Chemical And Union Carbide Merger, Stacy L. Eberhart
Extraterritorial Merger Regulation: Policies, Problems And A Proposal Explored Through The Planned Dow Chemical And Union Carbide Merger, Stacy L. Eberhart
Cardozo Journal of International and Comparative Law
The note examines the inefficiencies of the current dual merger regulation system between the U.S. and EU, particularly in cases involving large corporations like Dow Chemical and Union Carbide. It argues that the similar approval processes of both jurisdictions lead to redundant filings and wasted resources. The note proposes a reformed system where mergers are primarily regulated by the jurisdiction where the companies are incorporated, with joint regulation only in specific circumstances, such as significant market impact or monopolies.
Cross-Border Insolvencies, Section 304 And Reforming Mexican Insolvency Law, Andrea B. Sluchan
Cross-Border Insolvencies, Section 304 And Reforming Mexican Insolvency Law, Andrea B. Sluchan
Cardozo Journal of International and Comparative Law
The note argues that Section 304 of the U.S. Bankruptcy Code is a critical mechanism for addressing cross-border insolvencies, particularly between the U.S. and Mexico, despite its limitations. It highlights the need for a unified approach, such as the UNCITRAL Model Law, to handle the complexities of global trade and investment effectively.
World Trade Agreements: Advancing The Interests Of The Poorest Of Poor, John O. Mcginnis
World Trade Agreements: Advancing The Interests Of The Poorest Of Poor, John O. Mcginnis
Articles
No abstract provided.
The World Trade Constitution, John O. Mcginnis, Mark L. Movsesian
The World Trade Constitution, John O. Mcginnis, Mark L. Movsesian
Articles
Conventional wisdom holds that the World Trade Organization (WTO) necessarily poses a threat to sovereignty and representative government within its member nations. Professors McGinnis and Movsesian refute this view. They argue that the WTO can be understood as a constitutive structure that, by reducing the power of protectionist interest groups, can simultaneously promote international trade and domestic democracy. Indeed, in promoting both free trade and accountable government, the WTO reflects many of the insights that inform our own Madisonian Constitution. Professors McGinnis and Movsesian reject recent proposals to grant the WTO regulatory authority, endorsing instead the WTO's limited adjudicative power …
The Political Economy Of Global Multilateralism, John O. Mcginnis
The Political Economy Of Global Multilateralism, John O. Mcginnis
Articles
Many conservatives (at the least the subset who are classical liberals) approve of global multilateral trade agreements and allied agreements that keep global capital markets open. Conservatives, however, tend to be openly skeptical of other global multilateral agreements, be they environmental accords, human rights conventions, military pacts, or an agreement on an international criminal court. In this paper I offer the beginnings of a framework of sound political economy that justifies these divergent intuitions and shows that they are rooted in more than just a reflexive liking for trade combined with a disdain for the environment, human rights, criminal justice, …
The Role Of The United Nations And Recognition In Sovereignty Determinations: How Australia Breached Its International Obligations In Ratifying The Tmor Gap Treaty, Michael Shane French-Merril
The Role Of The United Nations And Recognition In Sovereignty Determinations: How Australia Breached Its International Obligations In Ratifying The Tmor Gap Treaty, Michael Shane French-Merril
Cardozo Journal of International and Comparative Law
The note examines the International Court of Justice's (ICJ) decision in the *Case Concerning East Timor*, highlighting the tension between factual sovereignty and legal principles in international law. It argues that the ICJ's dismissal of Portugal's case against Australia due to lack of jurisdiction underscored the limitations of international adjudication in resolving sovereignty disputes. The case raises critical questions about the recognition of sovereignty acquired through force, the role of erga omnes obligations, and the UN's role in territorial disputes.
Television Satellite Broadcasting In Russia After The Financial Crash Of 1998: The Allure And Adversity For Western Companies, Daniel E. Rosen
Television Satellite Broadcasting In Russia After The Financial Crash Of 1998: The Allure And Adversity For Western Companies, Daniel E. Rosen
Cardozo Journal of International and Comparative Law
The note examines the legal and economic challenges faced by Western satellite broadcasters investing in Russia, particularly in light of the current economic crisis. While Russian media laws, such as the Mass Media Law and the Law on Television and Radio Broadcasting, initially created a favorable investment environment, their ambiguities and the government’s broad interpretive powers pose significant risks. The analysis highlights the need for Western companies to carefully weigh the potential benefits of investment against the heightened risks stemming from political, economic, and legal uncertainties.
Reconciling Trade And Environment: A Legal Analysis Of European And North American Approaches, Bradly J. Condon
Reconciling Trade And Environment: A Legal Analysis Of European And North American Approaches, Bradly J. Condon
Cardozo Journal of International and Comparative Law
The article examines the differing approaches of the European Union (EU) and the North American Free Trade Agreement (NAFTA) in reconciling trade liberalization with environmental protection. While the EU employs a proportionality principle that prioritizes environmental protection over trade in cases of conflict, NAFTA uses a least-trade-restrictive principle to balance these interests. The analysis highlights that both systems reflect distinct political, economic, and legal frameworks but could benefit from learning each other's strengths and addressing their respective weaknesses.
No More "This For That"? The Effect Of The Oecd Convention On Combating Bribery Of Foreign Public Officials In International Business Transactions, Lisa Miller
Cardozo Journal of International and Comparative Law
The OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions represents a significant step toward harmonizing international legal standards to criminalize bribery, aiming to create a level playing field for global business. However, the Convention's effectiveness is tempered by potential loopholes and disparities in national implementations, highlighting the need for further refinement to address enforcement gaps and ensure equitable outcomes.
Star Quality And Job Security: The Role Of The Performers' Unions In Controlling Access To The Acting Profession, Emily C. Chi
Star Quality And Job Security: The Role Of The Performers' Unions In Controlling Access To The Acting Profession, Emily C. Chi
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Treaties In The Mist, Jarred Kassenoff
Treaties In The Mist, Jarred Kassenoff
Cardozo Journal of International and Comparative Law
The note argues that the survival of the mountain gorilla, a critically endangered species with only 300–350 individuals remaining, depends on strengthening international environmental treaties like CITES and addressing broader socio-political and economic factors. While CITES and the African Convention on Conservation provide important frameworks, their effectiveness is hindered by weaknesses such as lack of implementation, inadequate resources, and insufficient enforcement. The note emphasizes the need for treaties to shift from goal-oriented to implementation-oriented approaches, coupled with increased public awareness, political will, and resource allocation, to ensure the species’ survival.
A Chile Forecast For Accession To Nafta: A Process Of Economic, Legal And Environmental Harmonization, Jeffrey Lax
A Chile Forecast For Accession To Nafta: A Process Of Economic, Legal And Environmental Harmonization, Jeffrey Lax
Cardozo Journal of International and Comparative Law
The note argues that Chile is a prime candidate for accession to NAFTA due to its strong economy and commitment to free trade principles, despite facing obstacles such as intellectual property and agricultural law discrepancies. It suggests that a gradual integration approach and the use of NAFTA as an incentive could facilitate Chile's accession, benefiting both the US and Chile in the long term.
International Trade And Commerce: A Bridge For The Israelipalestinian Peace, Amir H. Khoury
International Trade And Commerce: A Bridge For The Israelipalestinian Peace, Amir H. Khoury
Cardozo Journal of International and Comparative Law
The article examines the legal and economic framework governing trade between Israel and the Palestinian Authority (PA), emphasizing the critical role of trade in advancing the peace process. While the Declaration of Principles on Interim Self-Government Arrangements (DOP) and the Economic Protocol established foundational principles for economic cooperation, ambiguities in these agreements and practical challenges, such as border closures, hinder effective trade relations. The article argues that addressing these issues is essential to fostering economic interdependence and mutual benefit, which are key to sustaining peace and coexistence between Israelis and Palestinians.
The Cultural Exception: Does It Exist In Gatt And Gats Frameworks? How Does It Affect Or Is It Affected By The Agreement On Trips?, Sandrine Cahn, Daniel Schimmel
The Cultural Exception: Does It Exist In Gatt And Gats Frameworks? How Does It Affect Or Is It Affected By The Agreement On Trips?, Sandrine Cahn, Daniel Schimmel
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Decline Of The Nation State In International Trade And Investment, William H. Lash Iii
The Decline Of The Nation State In International Trade And Investment, William H. Lash Iii
Cardozo Law Review
For the past twenty-five years, commentators across a wide spectrum of ideologies and disciplines have been calling for, or predicting the death of, the nation state. The critics are numerous and forceful. Their caustic eulogies assert that the nation state is "just about through as an economic unit," a "nostalgic fiction," a "dysfunctional organizational unit," "remarkably inefficient engines of wealth distribution," and last but not least, "a political organism with cholesterol hardening the arteries of its economic bloodstream." To paraphrase Marc Antony, I do not wish to praise the nation state, nor to bury it. I will address …
National Laws And International Markets: Strategies Of Cooperation And Harmonization In The Enforcement Of Competition Law, Spencer Weber Waller
National Laws And International Markets: Strategies Of Cooperation And Harmonization In The Enforcement Of Competition Law, Spencer Weber Waller
Cardozo Law Review
This Article contrasts how two leading competition law systems, the United States and the European Union ("EU"), have reacted to the growing internationalization of markets and the relative decline of the ability of any single jurisdiction to regulate transnational business behavior. For reasons unique to their respective histories, cultures, and politics, these two jurisdictions have adopted very different strategies for dealing with this problem.
How To Be Or Not To Be: The United Nations Convention On Contracts For The International Sale Of Goods, Article 6, Heidi Stanton
How To Be Or Not To Be: The United Nations Convention On Contracts For The International Sale Of Goods, Article 6, Heidi Stanton
Cardozo Journal of International and Comparative Law
The note examines the ambiguity surrounding Article 6 of the United Nations Convention on Contracts for the International Sale of Goods (CISG), which allows parties to exclude the Convention's application. It argues that the lack of clarity on whether exclusion must be explicit or can be implicit leads to significant interpretational challenges, affecting the uniformity of the Convention's application in international trade.
Comment On Guyora Binder, “The Slavery Of Emancipation”, Michael Les Benedict
Comment On Guyora Binder, “The Slavery Of Emancipation”, Michael Les Benedict
Cardozo Law Review
When I first received Professor Binder's highly theoretical, speculative, and thought-provoking paper, I wondered whether I was the right person to comment upon it. Professor Binder has a philosophical turn of mind; he is at home in the world of Hegel. I am disoriented in territory more exotic than that of Locke. In the history department of the Ohio State University, I teach the course that introduces our graduate students to the philosophy of history. However, I have always considered that a cosmic practical jokeon my students more than me-cooked up by the shades of Hegel, Collingwood, and Croce.
The Digital Performance Right In The Sound Recordings Act Of 1995: Can It Protect U.S. Sound Recording Copyright Owners In A Global Market?, Rebecca F. Martin
The Digital Performance Right In The Sound Recordings Act Of 1995: Can It Protect U.S. Sound Recording Copyright Owners In A Global Market?, Rebecca F. Martin
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Economic And Political Logic Of Mass Privatization In Czechoslovakia And Poland, George Bogdan
The Economic And Political Logic Of Mass Privatization In Czechoslovakia And Poland, George Bogdan
Cardozo Journal of International and Comparative Law
The article examines the mass privatization programs implemented in Czechoslovakia (later the Czech Republic) and Poland during their transitions from communism to democracy and capitalism. It compares the design, implementation, and outcomes of these programs, highlighting the economic and political factors that shaped their approaches. The analysis focuses on how the unique historical, economic, and political contexts of each country influenced their privatization strategies and the effectiveness of these strategies in achieving marketization and institutional reform.
Charting The Collapse Of The Patent-Copyright Dichotomy: Premises For A Restructured International Intellectual Property System, J. H. Reichman
Charting The Collapse Of The Patent-Copyright Dichotomy: Premises For A Restructured International Intellectual Property System, J. H. Reichman
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Your Image Is My Image: When Advertising Dedicates Trademarks To The Public Domain - With An Example From The Trademark Counterfeiting Act Of 1984, Malla Pollack
Cardozo Law Review
No abstract provided.
Law As Discourse, George P. Fletcher
The Law As A Medium Of Communication, Richard Münch
The Law As A Medium Of Communication, Richard Münch
Cardozo Law Review
No abstract provided.
The United States' Approach To Trade With Poland, Hungary And Czechoslovakia: Exports, Export Financing And Multilateral Relations, Giovanna M. Cinelli
The United States' Approach To Trade With Poland, Hungary And Czechoslovakia: Exports, Export Financing And Multilateral Relations, Giovanna M. Cinelli
Cardozo Journal of International and Comparative Law
No abstract provided.
Accelerating Privatization In Eastern Europe: The Case Of Poland, Jeffrey D. Sachs
Accelerating Privatization In Eastern Europe: The Case Of Poland, Jeffrey D. Sachs
Cardozo Journal of International and Comparative Law
The need to accelerate privatization is the paramount economic policy issue facing Eastern Europe. If there is no breakthrough in the privatization of large enterprises in the near future, the entire process could be stalled for years to come. Privatization is urgent and politically vulnerable; such international institutions as the World Bank and the European Bank for Reconstruction and Development can help speed the process byprovidingfinancial and technical support for the key operations of mass privatization. Because most of the effort in the next few years will involve industrial firms that are already subject to domestic or international competition, privatization …
The Gray Market After K Mart: Shopping For Solutions, Danielle G. Mazur
The Gray Market After K Mart: Shopping For Solutions, Danielle G. Mazur
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Harnessing The Multinational Corporation To Enhance Third World Development - The Rise And Fall And Future Of Antitrust As Regulator, Eleanor M. Fox
Harnessing The Multinational Corporation To Enhance Third World Development - The Rise And Fall And Future Of Antitrust As Regulator, Eleanor M. Fox
Cardozo Law Review
No abstract provided.
Squaring The Gray Goods Circle, Thomas A. Smart
Squaring The Gray Goods Circle, Thomas A. Smart
Cardozo Law Review
No abstract provided.