International Trade Law Commons^™

Bringing Down The Walls: How Technology Is Being Used To Thwart Parallel Importers Amid The International Confusion Concerning Exhaustion Of Rights, Ryan L. Vinelli

Cardozo Journal of International and Comparative Law

The note examines the tension between intellectual property rights and free trade, highlighting the conflict arising from market segmentation strategies employed by companies like Sony. It argues that the lack of a uniform international standard on the exhaustion of rights exacerbates this issue, suggesting that an international regime under the WTO could mitigate market segmentation and promote free trade.

Taking Chances: The United States' Policy On Internet Gambling And Its International Implications, Yevgeniya Roysen

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Fragmentation Of The Global Market: The Case Of Digital Versatile Discs (Dvds), Rostam J. Neuwirth

Cardozo Arts & Entertainment Law Journal

No abstract provided.

International Coffee Regulation: A Comparison Of The International Coffee Organization And The Fair Trade Coffee Regimes, Scott B. Weese

Cardozo Public Law, Policy & Ethics Journal

The note examines the challenges in coffee farming due to oversupply and evaluates two regulatory attempts: the International Coffee Organization (ICO) and the Fairtrade Labelling Organization (FLO). While the ICO focuses on sustainability and the FLO on creating demand, both fail to address the root issue of overproduction. The note argues that these efforts are insufficient because they do not reduce supply, suggesting that market correction through producer exit is necessary.

Haste Makes E-Waste: A Comparative Analysis Of How The United States Should Approach The Growing E-Waste Threat, Phoenix Pak

Cardozo Journal of International and Comparative Law

The note examines the global e-waste crisis, focusing on the regulatory frameworks in the European Union, United States, and Japan. It critiques the effectiveness of Extended Producer Responsibility (EPR) models and highlights the challenges of enforcing e-waste policies across jurisdictions. The author argues for a balanced approach in U.S. policy, combining elements of the EU’s EPR framework with considerations for domestic and international implications to address the environmental and health risks posed by e-waste.

The Failure Of The United Nations Convention On Contracts For The International Sale Of Goods And A Proposal For A New Uniform Global Code In International Sales Law, Christopher Sheaffer

Cardozo Journal of International and Comparative Law

The note critiques the United Nations Convention on Contracts for the International Sale of Goods (CISG) for failing to achieve its goal of creating a uniform international sales law due to ambiguities, inconsistent judicial interpretations, and language discrepancies. It proposes the development of a new Global Code to address these shortcomings, emphasizing the need for clearer guidelines, a unified interpretation framework, and mechanisms to ensure consistency across jurisdictions.

Price Discrimination In The Textbook Market: An Analysis Of The Post-Quality King Proposals To Prevent And Disincentivize Reimportation And Arbitrage, Christine Ongchin

Cardozo Journal of International and Comparative Law

The note examines how the rise of the internet and legal developments, particularly the Supreme Court's decision in Quality King Distributors v. Lanza, have disrupted traditional price discrimination practices in the textbook industry. Historically, publishers engaged in third-degree price discrimination, charging higher prices in the U.S. market due to geographic isolation and limited arbitrage opportunities. However, the internet has facilitated reimportation and arbitrage, undermining this practice. The first sale doctrine under 17 U.S.C. § 109(a) further complicates efforts to prevent resale of cheaper, internationally purchased textbooks in the U.S. market. Publishers must now consider alternative strategies, such as contractual …

Tearing Down The Great Wall: The New Generation Investment Treaties Of The People's Republic Of China, Stephan W. Schill

Cardozo Journal of International and Comparative Law

The People's Republic of China (PRC or China) has emerged as the world's premier destination of foreign investment in the developing world and is continuously strengthening its position as a source of outward foreign investment, notably in Asia and Africa. In this context, the PRC has concluded over 110 bilateral investment treaties (BITs) that grant protection against expropriation and establish other standards of treatment for foreign investors in China and Chinese investors abroad. While the PRC was originally hesitant regarding international investment protection, the country started, beginning in the late 1990s, entering into new generation BITs that break with her …

Selective Prosecution In Russia - Myth Or Reality?, Yelina Kvurt

Cardozo Journal of International and Comparative Law

The note examines the issue of selective prosecution, focusing on the case of Mikhail Khodorkovsky, and argues that the Russian legal system lacks an explicit defense against such practices, which violate constitutional guarantees of equality before the law. It advocates for the adoption of a legal standard to address selective prosecution, drawing parallels with the U.S. legal framework while acknowledging the need to adapt it to Russia's unique judicial context.

What's All The Fuss? The "Parade Of Horribles" When Applying 35 U.S.C. § 271(F) To Software Patents, Paul Margulies

Cardozo Journal of International and Comparative Law

The article examines the challenges of applying 35 U.S.C. § 271(f) to software patents in international contexts, arguing that extraterritorial application risks overstepping U.S. jurisdiction and causing international tensions. It advocates for U.S. courts to consider foreign law in such cases to maintain global harmony and avoid conflicts with international agreements like TRIPS.

On-Line But Out Of Touch: Analyzing International Dispute Resolution Through The Lens Of The Internet, Benjamin J.C. Wolf

Cardozo Journal of International and Comparative Law

The note explores the evolution and challenges of international dispute resolution, particularly arbitration, in the context of the internet's impact on global trade. It highlights how arbitration, while effective, faces new complexities such as jurisdictional disputes and enforcement difficulties due to the internet's borderless nature. The author argues that while arbitration remains a vital method for resolving international disputes, it must adapt to the unique challenges posed by digital transactions to ensure continued effectiveness.

Who Will Control Frankenstein?: The Korean Chaebol's Corporate Governance, Jeong Seo

Cardozo Journal of International and Comparative Law

In a chaebol, because a dominant family exercises control with only a small equity-holding, a sharp disparity exists between cashflow rights and voting rights. The controller reduces managerial agency costs but creates his own agency costs. Furthermore, the disparity exacerbates the controller's agency costs. Outsider shareholders' voting rights are ineffectual in eradicating this problem. Therefore, external monitoring devices over the chaebol controller are required.

Korea has relied on government regulation-including attempts to change chaebols' ownership structures-to address this problem. Unfortunately, without well-functioning capital markets, the regulation has proved ineffective. As observed in the SK scandal, a market for …

A Mathematical Approach To Benefit-Detriment Analysis As A Solution To Compulsory Licensing Of Pharmaceuticals Under The Trips Agreement, Vishal Gupta

Cardozo Journal of International and Comparative Law

The note proposes a mathematical approach to benefit-detriment analysis as a solution to the challenges posed by compulsory licensing of pharmaceuticals under the TRIPS Agreement. The core argument is that a socio-economic framework, comparing the monetary detriment to pharmaceutical companies (D) with the aggregate societal benefit (H x C), where H is the average health benefit per person and C is the number of affected citizens, can provide a balanced and objective method to determine when compulsory licenses should be granted. This approach aims to address the "Paragraph 6 problem" and improve access to essential medicines in developing countries while …

Investor Protection And Foreign Investment Under Nafta Chapter 11: Prospects For The Western Hemisphere Under Chapter 17 Of The Ftaa, Jacqueline Granados

Cardozo Journal of International and Comparative Law

The article argues that adopting NAFTA-like investor protection provisions in the Free Trade Area of the Americas (FTAA) could significantly increase foreign direct investment (FDI) across the Americas, benefiting both investors and host countries. It emphasizes the importance of balancing investor rights with public interest considerations, such as environmental regulation, and highlights the need for clear definitions and procedural safeguards in the FTAA's investment chapter. The article also underscores the role of legal reforms and policy liberalization in Latin American and Caribbean countries (LAC) to maximize the agreement's potential benefits.

The Free Movement Of Goods Within An Ec-Wide Market: Still A Work In Progress, Franz Leidenmühler

Cardozo Journal of International and Comparative Law

Right now, somewhere on the territory of a Member State of the European Community, a lorry carrying strawberries from another EC country is attacked by a group of masked men, who force the conductor off the road and render tons of strawberries unusable. Is it an ordinary criminal act to be treated within national criminal law or an invocation of the free movement of goods guaranteed by EC law? Not long ago, the European Court of Justice (ECJ) ruled in a landmark judgment that the free movement of goods requires the Member States to act against such private conduct that …

China's Protection Of Famous And Well-Known Marks: The Impact Of China's Latest Trademark Law Reform On Infringement And Remedies, Alisa Cahan

Cardozo Journal of International and Comparative Law

The note examines China's efforts to enhance the protection of famous and well-known trademarks, particularly in light of its accession to the World Trade Organization (WTO) and its obligations under the TRIPs Agreement. It highlights the challenges China faces in aligning its trademark laws with international standards, including inconsistent enforcement, cultural attitudes toward intellectual property, and the impact of regional protectionism. Despite legislative reforms, such as the 2002 amendments to the Trademark Law and the Implementing Regulations, enforcement remains uneven, affecting both domestic and foreign trademark owners.

Foreign Policy And Separation Of Powers Jurisprudence: Executive Orders Regarding Export Administration Act Extension In Times Of Lapse As A Political Question, Themes Karalis

Cardozo Journal of International and Comparative Law

The article examines the interplay between the Export Administration Act (EAA) and the Freedom of Information Act (FOIA), particularly focusing on whether the EAA qualifies as an Exemption 3 statute under FOIA. It explores how courts have upheld the EAA's exemption status even during periods of lapse, emphasizing the executive branch's authority to maintain export controls through executive orders. The analysis highlights the deference given to the executive in foreign policy matters and the challenges posed by the EAA's temporary nature, suggesting that Congress should consider amending the EAA for automatic renewal to avoid recurring issues.

Antidumping And The Continued Dumping And Subsidy Offset Act Of 2000: A Renewed Debate, Meredith Schutzman

Cardozo Journal of International and Comparative Law

The note critiques the Continued Dumping and Subsidy Offset Act of 2000 (CDSOA), arguing that its redistributive mechanism violates World Trade Organization (WTO) agreements, leading to significant trade tensions and calls for its repeal or amendment.

The Treaty Power And The Patent Clause: Are There Limits On The United States' Ability To Harmonize?, Timothy R. Holbrook

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Uncitral, Its Workings In International Arbitration And A New Model Conciliation Law, William K. Slate Ii, Seth H. Lieberman, Joseph R. Weiner, Marko Micanovic

Cardozo Journal of Conflict Resolution

"The [UNCITRAL] was created by the General Assembly in 1966 to enable the United Nations to play a more active role in reducing or removing legal obstacles to the flow of international trade." The U.N. recognized that various economic and legal differences existed between States. These differences were the source of many of the problems that hindered the advancement of an integrated international trade system. "The General Assembly considered it desirable that the process of harmonization and unification of the law of international trade be substantially coordinated, systemized, accelerated, and that a broader participation by States be secured."

The Rhetoric Of Biopiracy, Paul J. Heald

Cardozo Journal of International and Comparative Law

The article critiques the rhetorical strategy of advocates for long-term occupant communities (LTOCs) seeking sui generis intellectual property rights to combat biopiracy. While their goals are admirable, the approach is ineffective due to widespread skepticism towards expanding intellectual property rights. The author argues that market-based solutions and alliances with corporations could better preserve biodiversity and compensate communities.

Reflections On The Traditional Knowledge Debate, Shubha Ghosh

Cardozo Journal of International and Comparative Law

The article argues that the traditional knowledge debate is a continuation of historical tensions between the Global North and South, centered on ownership and control of resources. These tensions manifest in intellectual property (IP) law, particularly in the clash between market culture and communitarian, gift-based cultures. The author emphasizes that while IP law is often seen as a tool for commodification, it can also serve strategic purposes, such as fostering domestic industry and promoting sovereignty, especially through the flexible framework provided by the TRIPS Agreement.

How The Petroleum Addict Negotiates With The Dealer: Challenges To The Bush Administration's North American Energy Policy, Stacey L. Middleton

Cardozo Journal of International and Comparative Law

The note argues that the United States must adopt a more balanced and equitable North American Energy Policy to reduce its vulnerability to disruptions in Middle Eastern oil supplies. It emphasizes the need to amend NAFTA's Chapter Six to promote sustainable energy practices and fair trade, while addressing the challenges of environmental concerns and political opposition.

U.S. Industries, Trade Associations, And Intellectual Property Lawmaking, Jacques J. Gorlin

Cardozo Journal of International and Comparative Law

The article discusses the role of U.S. industries and trade associations in shaping intellectual property (IP) lawmaking, particularly through the establishment of the Intellectual Property Committee (IPC) and its influence on the TRIPS agreement. The author argues against the notion of a corporate "conspiracy" behind TRIPS, instead highlighting the strategic lobbying efforts by industries to include IP issues in international trade negotiations. The article emphasizes the political and legal implications of TRIPS implementation and enforcement.

Some Things Cannot Be Legislated, Robert M. Sherwood

Cardozo Journal of International and Comparative Law

The article argues that international intellectual property (IP) laws have limited effectiveness in developing countries without local support and robust institutional frameworks. It emphasizes that developing nations must recognize the role of IP in fostering economic growth and that judicial systems are critical in enforcing IP rights effectively.

Legal Ethics, Business Ethics And International Trade: Some Neglected Issues, Robert W. Mcgee

Cardozo Journal of International and Comparative Law

The article critiques the ethical shortcomings of utilitarianism in international trade policies, arguing that such policies often prioritize special interests over individual rights and public welfare. It advocates for a rights-based approach, emphasizing the protection of property and contract rights, and proposes reforms such as invoking the Takings Clause to ensure equitable outcomes. The analysis highlights the ineffectiveness and moral failings of measures like economic sanctions and protectionist policies, which frequently harm innocent populations and violate constitutional principles.

World Trade Intellectual Property And The Global Élites: An Introduction, Peter K. Yu

Cardozo Journal of International and Comparative Law

This introduction examines the shift in intellectual property (IP) lawmaking from domestic governance to international frameworks, particularly through the World Trade Organization (WTO). While international lawmaking promotes harmonization and prevents regulatory races to the bottom, it often prioritizes the interests of developed nations and multinational corporations, potentially undermining the ability of less developed countries to tailor IP systems to their socio-economic needs. The introduction highlights concerns about the exclusion of key issues like consumer rights, cultural diversity, and human rights, as well as the undemocratic nature of global institutions.

Internet Television And Copyright Licensing: Balancing Cents And Sensibility, Michael A. Einhorn

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Miss Scarlett's License Done Gone!: Parody, Satire, And Markets, Michael A. Einhorn

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Machinery Of Law In Pharaonic Egypt: Organization, Courts And Judges On The Ancient Nile, Russ Versteeg

Cardozo Journal of International and Comparative Law

The article explores the sophisticated legal system of ancient Egypt, emphasizing its dual structure that combined human judicial administration with divine oracles. It highlights the roles of key officials such as the vizier and pharaoh, the organization of courts, and the emphasis on impartiality and fairness. The analysis also underscores the integration of religious elements, particularly the use of oracles, in legal decision-making, demonstrating a blend of secular and sacred authority.