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Articles 31 - 60 of 152
Full-Text Articles in International Trade Law
The United Nations Commission On International Trade Law (Uncitral) And The Significance Of The Singapore Convention On Mediation, Corinne Montineri
The United Nations Commission On International Trade Law (Uncitral) And The Significance Of The Singapore Convention On Mediation, Corinne Montineri
Cardozo Journal of Conflict Resolution
This paper outlines how the UNCITRAL drafting process that produced the Singapore Convention on Mediation functions within the United Nations and explains the significance of the Singapore Convention for the United Nations and for promoting cross-border trade and investment.
The Singapore Convention Is Live, And Multilateralism, Alive!, Natalie Y. Morris-Sharma
The Singapore Convention Is Live, And Multilateralism, Alive!, Natalie Y. Morris-Sharma
Cardozo Journal of Conflict Resolution
No abstract provided.
Introduction, Hal Abramson
Introduction, Hal Abramson
Cardozo Journal of Conflict Resolution
This Reference Book focuses on the new Singapore Mediation Convention for enforcing cross-border mediated settlement agreements. It is designed to deliver on its title-as a reference book. We hope that it will inform discussions as states contemplate ratifying the Singapore Convention and will aid users when interpreting the Convention.
The Life Of Arbitration Law Has Been Experience, Not Logic: Gorsuch, Kavanaugh, And The Federal Arbitration Act, William F. Fox, Ylli Dautaj
The Life Of Arbitration Law Has Been Experience, Not Logic: Gorsuch, Kavanaugh, And The Federal Arbitration Act, William F. Fox, Ylli Dautaj
Cardozo Journal of Conflict Resolution
Over the past 50 years, the international business community has settled on the device of international commercial arbitration to resolve the overwhelming number of disputes that arise in their commercial agreements. One reason is that many business people are suspicious of the domestic courts of many host countries and have always sought the comfort of a neutral forum. Arbitration is neutral (i.e., not tied directly to any particular domestic legal system), efficient and confidential. Much of this evolution has been triggered by events in the United States-in particular a long series of United States Supreme Court decisions that ended the …
Encouraging Food Safety Standard Negotiations In The One-Belt-One-Road Initiative, Yi Seul Kim
Encouraging Food Safety Standard Negotiations In The One-Belt-One-Road Initiative, Yi Seul Kim
Cardozo International & Comparative Law Review
Participation and attendance in food safety negotiations such as Codex meetings are of critical importance. Common problems have existed throughout history in the area of food safety standards and their formulation regulations. First, there is a lack of interest by the public. Second, the public becomes interested only after a food safety crisis. Consequences are two-fold: with lack of public interest, governments often do not allocate enough budget and resources. Then, when the government turns to face the problem with a sudden spike in public interest, it is often too late. The situation becomes more of a crisis management, rather …
From Territorial To Universal-The Extraterritoriality Of Trademark Law And The Privatizing Of International Law, P. Sean Morris
From Territorial To Universal-The Extraterritoriality Of Trademark Law And The Privatizing Of International Law, P. Sean Morris
Cardozo Arts & Entertainment Law Journal
Legal doctrines, aided and abetted by interpretations of the courts, carry the force of law. The implication is that when courts settle matters, they often go beyond the scope of current intellectual property legislation. Furthermore, global problems in intellectual property may require the participation of private intellectual property rights owners to bring suit. This, in turn, often creates more problems due to the territorial, trans-territorial, and extraterritorial reach of the law, especially with respect private trademark rights. I explore this and other legal conundrums in this Article. The key concern addressed in the Article is how far trademark law is …
Exhaustion In The Service Of Progress, Ofer Tur-Sinai
Exhaustion In The Service Of Progress, Ofer Tur-Sinai
Cardozo Arts & Entertainment Law Journal
Under the doctrine of patent exhaustion, an authorized sale of a patented item exhausts the patentee's rights with respect to that item, leaving the purchaser and subsequent owners free to use or resell it without fear of an infringement lawsuit. In 2017, the U.S. Supreme Court issued its landmark decision in Impression Products v. Lexmark International, which strengthened the exhaustion doctrine in various significant ways. The Court held that an authorized sale of a patented item exhausts all patent rights with respect to that item, regardless of any restrictions on use or resale the patentee purports to impose. The Court …
Complicated-But Not Too Complicated: The Sunset Of E.U. Law In The U.K. After Brexit, Maimon Schwarzschild
Complicated-But Not Too Complicated: The Sunset Of E.U. Law In The U.K. After Brexit, Maimon Schwarzschild
Cardozo Law Review
The article examines the complexities of Brexit, focusing on the integration of EU law into UK law and the challenges of disentangling the two legal systems post-Brexit. It explores key areas such as free movement, environmental law, and the forms of EU law, highlighting the interconnectedness of EU and UK legal frameworks. The author suggests a "sunset clause" approach to manage the transition, allowing EU laws to expire unless explicitly retained, to align with the UK's newfound independence and regulatory autonomy.
Utilizing Adr Between Automakers, The European Union, And The United Kingdom To Avoid Automobile Tariff Increases Arising From Brexit, Nicholas Gliagias
Utilizing Adr Between Automakers, The European Union, And The United Kingdom To Avoid Automobile Tariff Increases Arising From Brexit, Nicholas Gliagias
Cardozo Journal of Conflict Resolution
In order to ensure that there are new and stable trade agreements to replace the previous trade agreements, mediation strategies between automakers, the European Union, and the UK should be explored so that new tariffs on cars do not negatively and drastically change the UK's economic landscape after Britain exits from the European Union. In Part II, this Note discusses the pre-Brexit and current tariff situation in the UK as a member of the European Union, explains what mediation is, the methods of mediation, the history of mediation, and the benefits of using mediation. Part III discusses the implications of …
Creating A More Permissive Patentability Standard Under Language From The Tpp, Ryan Thorne
Creating A More Permissive Patentability Standard Under Language From The Tpp, Ryan Thorne
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Why Cuba's Global Tourism Allure Has Failed To Attract American Property Speculators, Adir Paner
Why Cuba's Global Tourism Allure Has Failed To Attract American Property Speculators, Adir Paner
Cardozo Journal of International and Comparative Law
The note examines the potential for Cuba to become a prime destination for American investment, particularly in its burgeoning tourism and hotel industry, driven by its natural resources and strategic location. However, significant legal and structural barriers, including restrictive government policies, the Helms-Burton Act, and inadequate property rights protections, hinder foreign investment. The analysis highlights the need for legal reforms and policy changes to address these obstacles and unlock Cuba's economic potential.
Emerging Internal Control In Institutional Arbitration, Meng Chen
Emerging Internal Control In Institutional Arbitration, Meng Chen
Cardozo Journal of Conflict Resolution
To some extent, the charm of international commercial arbitration derives from its complexity, involving many inherent contradictions. It is developed as autonomous and internationalized dispute resolution, while it inevitably relies on sovereign support. With arbitration becoming more and more internationalized and autonomous, rules and regulations generated inside of the arbitration community have gradually played important roles in arbitration governance. Contributions from numerous international arbitration institutions are particularly noticeable in this development. Institutional arbitration takes the lead in the development of international commercial arbitration. Rules and regulations generated in institutional arbitration practice not only facilitate single institutional arbitration processes, but also …
A New Chapter In Natural Resource-Seeking Investment: Using Shared Decisions System Design ("Sdsd") To Strengthen Investor-State And Community Relationships, Mariana Hernandez Crespo Gonstead
A New Chapter In Natural Resource-Seeking Investment: Using Shared Decisions System Design ("Sdsd") To Strengthen Investor-State And Community Relationships, Mariana Hernandez Crespo Gonstead
Cardozo Journal of Conflict Resolution
The time is here. The Latin American region cannot wait any longer; there is simply too much at stake: too many lives, too much potential, and, ultimately, too much waste. The discourse must change from focusing on Investor-State Dispute Settlement ("ISDS") at the international level to addressing the structural and systemic issues at the local level. This shift will strengthen the investor-State relationship and lead not only to the retention, but also the expansion of the Foreign Direct Investment ("FDI").
Investor Corruption As A Defense Strategy Of Host States In International Investment Arbitration: Investors' Corrupt Acts Give An Unfair Advantage To Host States In Investment Arbitration, Margareta Habazin
Cardozo Journal of Conflict Resolution
First, the paper will analyze the issue of corruption in international investment arbitration. Second, the paper will examine the deployment of corruption as a defense strategy by host states in international investment arbitration. Next, it will address the jurisdictional consequences of proving corruption in the making of the investment. Further, it will describe the distinctive features of relevant ICSID awards and key issues that led to the dismissal of claims. The paper will also estimate the possible implications of the awards to future ICSID claims affected by bribery and try to predict the outcome of the MOL v. Republic of …
Rwanda And The Kigali International Arbitration Centre: The Future Faces Of East African Arbitration And Growth, Jeremy Cantor
Rwanda And The Kigali International Arbitration Centre: The Future Faces Of East African Arbitration And Growth, Jeremy Cantor
Cardozo Journal of Conflict Resolution
Part I is a brief introduction to the Note. Part II is a brief background of Rwandan history and the country's push for economic growth. Furthermore, Part II elaborates on the history, the current status of Rwanda's judicial system, and on the KIAC. Part III explains why arbitration is fitting for Africa as a whole and why it is more fitting for East Africa specifically. In particular, the Note explains why Kigali is the proper choice of seat6 and KIAC the proper institution, and analyzes certain problems preventing the growth of African arbitration. Lastly, Part IV proposes how to effectuate …
Developing Improved Tactics For Advance Pricing Agreements To Decrease Negotiation Lead Time, Ryan Vines
Developing Improved Tactics For Advance Pricing Agreements To Decrease Negotiation Lead Time, Ryan Vines
Cardozo Journal of Conflict Resolution
This Note seeks to investigate the inefficiencies of the Advance Pricing Agreement negotiation process and how inequitable negotiations adversely affect the American taxpaying community, and small and medium sized corporations. The results of this investigation point to the necessity for the IRS to collect data and perform trend analyses. Although marginal improvements have been made by the Advance Pricing and Mutual Agreement ("APMA") Office, the data show that the real issues of Advance Pricing Agreement negotiations have yet to be resolved. The current practices and procedures of a typical Advance Pricing Agreement negotiation does not promote horizontal equity among taxpayers. …
One Country, Two Systems: Hong Kong's Unique Status And The Development And Growth Of Arbitration In China, Jiali (Keli) Huang
One Country, Two Systems: Hong Kong's Unique Status And The Development And Growth Of Arbitration In China, Jiali (Keli) Huang
Cardozo Journal of Conflict Resolution
This Note evaluates the future of arbitration in China and Hong Kong as the two approach their twentieth year working toward reunification under the implications of the "one country, two systems" model, which was implemented in Hong Kong when Hong Kong's sovereignty was transferred back to China in 1997. First, this Note explains Hong Kong's unique identity, the factors that triggered the Umbrella Movement and the Fishball Revolution, and Hong Kong's current relationship with China. Second, this Note provides a broad overview of the development of arbitration in China. Third, this Note describes the arbitral history between China and Hong …
Enhanced Preservation: Modifying The Protect And Preserve International Cultural Property Act To Better Protect Syrian Antiquities, Anthony Prinzivalli
Enhanced Preservation: Modifying The Protect And Preserve International Cultural Property Act To Better Protect Syrian Antiquities, Anthony Prinzivalli
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Fallacies In The Current Methods Of Prosecuting International Commercial Bribery, Ira Handa
Fallacies In The Current Methods Of Prosecuting International Commercial Bribery, Ira Handa
Cardozo Law Review
The note argues that the current legal framework for prosecuting international commercial bribery is inadequate and inconsistent compared to the robust regime established for international public bribery under the Foreign Corrupt Practices Act (FCPA). It advocates for comprehensive federal legislation specifically addressing international commercial bribery, modeled after the FCPA but tailored to the private sector, to bridge this gap and address the significant harms caused by such bribery.
Reasonable Standards For Contract Interpretations Under The Cisg, Donald J. Smythe
Reasonable Standards For Contract Interpretations Under The Cisg, Donald J. Smythe
Cardozo Journal of International and Comparative Law
The United Nations ("UN") Convention on Contracts for the International Sale of Good ("CISG") offers the promise of harmonizing international sales law and facilitating international trade and global commerce. But there is a "homeward trend bias" that may encourage domestic courts to construe the gaps in the CISG broadly and fill them with non-uniform domestic legal rules. Questions about contract interpretation under the CISG raise the same concerns about a homeward trend bias as questions about the interpretation of express CISG provisions. The CISG has express provisions governing contract interpretation but their application may not provide an unambiguous interpretation. This …
China's Investment And Trade In Africa: Neo-Colonialism Or Mutual Benefit?, Ying Chen
China's Investment And Trade In Africa: Neo-Colonialism Or Mutual Benefit?, Ying Chen
Cardozo Journal of International and Comparative Law
The article examines whether China's increasing investment and trade in Africa constitutes neo-colonialism or a mutually beneficial partnership. It argues that China's involvement, characterized by significant economic engagement and aid, is not a form of neo-colonialism but rather a symbiotic relationship where both China and African nations gain substantial benefits. The partnership is driven by China's need for resources and markets, while Africa benefits from infrastructure development, investment, and technical assistance.
What's Islam Got To Do With It? Obstacles In Securing Fair Trial Rights Under Iran's Repressive Regime, Sara Barlowe
What's Islam Got To Do With It? Obstacles In Securing Fair Trial Rights Under Iran's Repressive Regime, Sara Barlowe
Cardozo Journal of International and Comparative Law
The note argues that the principle of Velayate Faqhih in Iran undermines the rule of law and prevents the development of a functional criminal justice system. This principle, which establishes the supremacy of Islamic law and grants the Supreme Leader plenary authority over the judiciary, leads to arbitrary law enforcement, corruption, and human rights violations. The case of Maziar Bahari, an Iranian-Canadian journalist detained on vague charges of espionage, illustrates how the regime uses detention and torture to suppress dissent and maintain political control. The note contends that Iran’s legal system, dominated by Sharia law and lacking judicial independence, violates …
Firmly Grasping The Knife: An Investigation Of The Asymmetric Application Of Chinese Antitrust Law As A Protectionist Tool, Jillian Bray
Firmly Grasping The Knife: An Investigation Of The Asymmetric Application Of Chinese Antitrust Law As A Protectionist Tool, Jillian Bray
Cardozo Journal of International and Comparative Law
The note argues that China's Antimonopoly Law (AML), while modeled after Western antitrust laws, is often applied in a protectionist manner, disproportionately targeting foreign companies to shield domestic industries and state-owned enterprises. This selective enforcement contrasts with the U.S. antitrust system, which prioritizes fair competition and consumer welfare. The note advocates for aligning AML enforcement with international standards to promote a level playing field and foster long-term economic growth.
Panel 2: Issues In China For U.S. Businesses, Dan Harris, Cedric Lam, Ling Zhao, Lara Miller, Stephen Lamar
Panel 2: Issues In China For U.S. Businesses, Dan Harris, Cedric Lam, Ling Zhao, Lara Miller, Stephen Lamar
Cardozo Journal of International and Comparative Law
The symposium examines the challenges of enforcing intellectual property (IP) rights in China, particularly for U.S. companies, and highlights the efforts of organizations like the American Apparel and Footwear Association (AAFA) and the International Anti-Counterfeiting Coalition (IACC) to address counterfeit goods on platforms like Alibaba. It underscores the complexities of protecting IP in China despite relatively straightforward registration processes.
Copyright Piracy And The Indian Film Industry: A "Realist" Assessment, Arpan Banerjee
Copyright Piracy And The Indian Film Industry: A "Realist" Assessment, Arpan Banerjee
Cardozo Arts & Entertainment Law Journal
In India, the academic discourse surrounding intellectual property (IP) has been marked by great skepticism. Global IP laws have been viewed as a Western imposition detrimental to national interests. In this paper, I will make the case for a "realist" approach to film piracy in India, i.e., an approach that is rooted in legal pragmatism and draws from the New Legal Realism (NLR) movement. I will suggest a rough template for such an approach, referring to seven broad elements: a) international relations realism; b) contextualization of IP; c) contextualization of copyright; d) the views and interests of the film industry …
The Inapplicability Of First Amendment Protections To Bds Movement Boycotts, Marc A. Greendorfer
The Inapplicability Of First Amendment Protections To Bds Movement Boycotts, Marc A. Greendorfer
Cardozo Law Review de•novo
This paper has been derived from, and is an expansion of, certain arguments the author made in an earlier legal study of the BDS Movement under United States law entitled, “The BDS Movement: That Which We Call a Foreign Boycott, by Any Other Name, Is Still Illegal,” and is meant to rebut recent misleading assertions that the First Amendment protects participation by United States persons in foreign boycotts of Israel.
Utility Model Patent: An Essential And Improving Patent Scheme In China, Victor Wang
Utility Model Patent: An Essential And Improving Patent Scheme In China, Victor Wang
Cardozo Journal of International and Comparative Law
The note argues that China's utility model patent (UMP) system, despite criticism, serves as a beneficial tool for both domestic and foreign inventors, particularly small and medium-sized enterprises (SMEs). While commentators often view the UMP as detrimental to innovation policies, the system's low inventiveness threshold, quick file-to-grant process, and affordability make it a practical solution for protecting incremental inventions. The note contends that the UMP aligns with China's current status as a developing nation and supports its innovation ecosystem, contrary to claims that it hinders progress.
Dispute Resolution Clauses In International Sponsored Research Contracts, Dennis Lazarev
Dispute Resolution Clauses In International Sponsored Research Contracts, Dennis Lazarev
Cardozo Journal of Conflict Resolution
Pharmaceutical companies are the greatest non-governmental sponsors of biomedical research in academia. Increasingly they sponsor foreign entities, typically universities or non-commercial research institutions. Another type of cross-border sponsorship occurs when two research institutions engage in a collaborative research effort. In either case disputes may arise. The most common types of disputes are the rights to the intellectual property developed in the course of sponsored research, and the scope of research activities that an agreement covers. Parties to these cross-border sponsorship arrangements have rarely incorporated dispute resolution clause in their contracts. This Article will argue that arbitrationis an approach far superior …
"Commercial Peacemaking"-The New Role Of The International Commercial Arbitration Legal Order, Tamar Meshel
"Commercial Peacemaking"-The New Role Of The International Commercial Arbitration Legal Order, Tamar Meshel
Cardozo Journal of Conflict Resolution
International commercial arbitration (ICA) has risen to prominence over the past several decades as the most efficient and effective mechanism for resolving cross-border disputes between commercial entities, and has long been considered by the international business community as "the normal means of settling disputes arising from international transactions." ICA offers disputing parties an accessible, neutral, and private mechanism that is distinct from any specific national legal system; a "kind of social jurisdiction, opposed to State jurisdiction." It has thus been considered by some to constitute a specialized international regime, a form of "transnational" or "global" governance, or an autonomous legal …
Panel 2: Practitioner Insights Into International Dispute Resolution, John M. Peterson, Ruth Teitelbaum, Simeon Baum, Claudia Maffettone, Russell A. Semmel
Panel 2: Practitioner Insights Into International Dispute Resolution, John M. Peterson, Ruth Teitelbaum, Simeon Baum, Claudia Maffettone, Russell A. Semmel
Cardozo Journal of International and Comparative Law
The symposium explores the role of alternative dispute resolution (ADR) practices in addressing crosscultural and international legal disputes, emphasizing the importance of foundational ADR skills, cultural sensitivity, and innovative approaches like online platforms to facilitate dialogue. It highlights how ADR methods, such as mediation and arbitration, navigate the complexities of crossborder disputes, offering a more flexible and effective alternative to traditional litigation.