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Articles 31 - 55 of 55
Full-Text Articles in International Trade Law
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
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 Rhetoric Of Biopiracy, Paul J. Heald
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
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
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
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
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
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
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.
The Machinery Of Law In Pharaonic Egypt: Organization, Courts And Judges On The Ancient Nile, Russ Versteeg
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.
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.
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.
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.
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.
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.
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 …