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International Trade Law Commons

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1999

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Articles 31 - 60 of 94

Full-Text Articles in International Trade Law

Remarks On John H. Jackson For A Celebratory Dinner At The University Of Michigan Law School, Feb 25, 1998. (Slightly Revised, Jan 17, 1999), Alan V. Deardorff Jan 1999

Remarks On John H. Jackson For A Celebratory Dinner At The University Of Michigan Law School, Feb 25, 1998. (Slightly Revised, Jan 17, 1999), Alan V. Deardorff

Michigan Journal of International Law

A Tribute to John H. Jackson


A Tribute To John Jackson, Jeffrey S. Lehman Jan 1999

A Tribute To John Jackson, Jeffrey S. Lehman

Michigan Journal of International Law

A Tribute to John H. Jackson


Bibliography Of Principal Publications By Professor John H. Jackson As Of February 1999, Michigan Journal Of International Law Jan 1999

Bibliography Of Principal Publications By Professor John H. Jackson As Of February 1999, Michigan Journal Of International Law

Michigan Journal of International Law

A bibliography.


Getting Along: The Evolution Of Dispute Resolution Regimes In International Trade Organizations, Andrea Kupfer Schneider Jan 1999

Getting Along: The Evolution Of Dispute Resolution Regimes In International Trade Organizations, Andrea Kupfer Schneider

Michigan Journal of International Law

In the face of the remarkable growth of international organizations in the last fifty years, scholars in multiple disciplines have sought to explain why and how states cooperate. Dispute resolution is one of the most crucial components of international cooperation. Examining the dispute resolution regimes of international organizations in light of these theories can inform and help reform these evolving regimes.


The Precedent Setters: De Facto Stare Decisis In Two Adjudication (Part Two Of A Trilogy), Raj Bhala Jan 1999

The Precedent Setters: De Facto Stare Decisis In Two Adjudication (Part Two Of A Trilogy), Raj Bhala

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Foreign Trade Regulation Of Korea In The Wto World, Eun Sup Lee Jan 1999

Foreign Trade Regulation Of Korea In The Wto World, Eun Sup Lee

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Global Trends In Privacy Protection: An International Survey Of Privacy, Data Protection, And Surveillance Laws And Developments, 18 J. Marshall J. Computer & Info. L. 1 (1999), David Banisar, Simon Davies Jan 1999

Global Trends In Privacy Protection: An International Survey Of Privacy, Data Protection, And Surveillance Laws And Developments, 18 J. Marshall J. Computer & Info. L. 1 (1999), David Banisar, Simon Davies

UIC John Marshall Journal of Information Technology & Privacy Law

The right to privacy is one of the most fundamental rights recognized. References to privacy date back to ancient Greece and China. Rapid advances in information technology and high-speed data networks have had an enormous impact on privacy. Today, personal medical and financial information can easily be transmitted with and without the one knowing. Can privacy law keep up with these changes and challenges? Privacy advocates are concerned. Nearly every country in the world has some form of privacy provision in its constitution. However, the definition of privacy differs from context and environment. The authors chronicle the status of privacy …


Clearly Canadian: Public Participation In Canadian Unfair Trade Action, Chios Carmody Jan 1999

Clearly Canadian: Public Participation In Canadian Unfair Trade Action, Chios Carmody

Law Publications

The Canadian Council on International Law was founded in 1972 to represent Canadian international law practitioners and academics and to facilitate and promote the study of international legal problems by scholars and professionals. These conference proceedings comprise a collection of essays written by leading academics and practitioners on the subject of how international law affects Canadian domestic law. A wide range of domestic law areas are covered, including environmental law, international trade law, constitutional law, international treaties, and the treatment of women in relation to immigration and refugee law. This work will be of value to Canadian scholars and practitioners, …


A Tribute To Professor John Jackson, Thomas Cottier Jan 1999

A Tribute To Professor John Jackson, Thomas Cottier

Michigan Journal of International Law

A Tribute to John H. Jackson


Anti-Piracy Law In The Year Of The Ocean: Problems And Opportunity, Samuel Pyeatt Menefee Jan 1999

Anti-Piracy Law In The Year Of The Ocean: Problems And Opportunity, Samuel Pyeatt Menefee

ILSA Journal of International & Comparative Law

This is an appropriate, if perhaps unexpected, coda to a centennium which feathured [irate expert Philip Gosse's optimistic assertion that "[t]he end of piracy, after centuries, was brought about by public feeling, backed up by the steam-engine and telegraph."


Budweiser Or Budweiser, 32 J. Marshall L. Rev. 1251 (1999), Jitka Smith Jan 1999

Budweiser Or Budweiser, 32 J. Marshall L. Rev. 1251 (1999), Jitka Smith

UIC Law Review

No abstract provided.


Comparing Apples To Oranges: Lessons From The Failure Of U.S. Apple Exports To Japan, Dustin R. Klinger Jan 1999

Comparing Apples To Oranges: Lessons From The Failure Of U.S. Apple Exports To Japan, Dustin R. Klinger

Washington International Law Journal

In 1994, the United States and Japan agreed to permit reciprocal fresh apple imports after decades of negotiations. However, U.S. apple exports to Japan were a commercial failure. Initial sales peaked in 1995, then quickly declined, and no U.S. apples have been shipped to Japan since 1997. The United States blames unfair regulations for this failure. This Comment reviews the history of the U.S.-Japan apple dispute, analyzes Japan's apple import regulations, and concludes that those regulations aggravated, but did not cause the commercial failure of U.S. apple exports to Japan. Instead, U.S. apple exports failed because of unexpected price competition …


Integration Of International Financial Regulatory Standards For The Chinese Economic Area: The Challenge For China, Hong Kong, And Taiwan, Lawrence L.C. Lee Jan 1999

Integration Of International Financial Regulatory Standards For The Chinese Economic Area: The Challenge For China, Hong Kong, And Taiwan, Lawrence L.C. Lee

Northwestern Journal of International Law & Business

This article initially reviews the current development of financial services that converge regulatory systems around the world. Along with focusing on banking and securities, this article assesses financial systems and regulators within China, Hong Kong, and Taiwan respectively. The evaluation of the CEA's financial system is based on recommendations issued by the Basle Committee. In addition, with respect to the principle of national treatment, this article evaluates the operations of foreign financial institutions in the CEA. In the future, participation in the WTO will enable the CEA to experience greater growth and increase its participation in the internationalization of financial …


Balancing The Goals Of Free Trade With Workers' Rights In A Hemispheric Economy, Bobbi-Lee Meloro Jan 1999

Balancing The Goals Of Free Trade With Workers' Rights In A Hemispheric Economy, Bobbi-Lee Meloro

University of Miami Inter-American Law Review

No abstract provided.


Africa And Her Charter On Human And Peoples' Rights -Notyet "Ominira", Thomas Adeoye Olugbemiga Fawole Jan 1999

Africa And Her Charter On Human And Peoples' Rights -Notyet "Ominira", Thomas Adeoye Olugbemiga Fawole

LLM Theses and Essays

It is in the light of the foregoing that we intend in this thesis to examine the state of human rights in Africa. It would be the province of the thesis to find out how far the African Charter on Human and Peoples' Rights has enhanced the independence of the various African countries and improved on the quality of the rights enjoyed by the citizenry. While Chapter 2 deals with human rights in precolonial Africa, human rights in "modern day" Africa, i.e. from the colonial era, are dealt with in Chapter 5. Treating human rights under colonial rule and human …


Commercial Arbitration In The U.S.: The Arbitrability Of Disputes Arising From Statute-Based Claims, Sylvie Frankignoul Jan 1999

Commercial Arbitration In The U.S.: The Arbitrability Of Disputes Arising From Statute-Based Claims, Sylvie Frankignoul

LLM Theses and Essays

A leading contemporary expert in arbitration has explained: "The concept of arbitrability determines the point at which the experience of contractual freedom ends and the public mission of adjudication begins. In effect, it establishes a dividing line between the transactional pursuit of private rights and courts' role as custodians and interpreters of the public interest." 1 A major part of the arbitrability doctrine deals with the kind of claims that can fall within the scope of agreements for private dispute resolution. Arbitration clauses are an integral part of the parties' transactions. Nevertheless, the American judiciary historically has refused to enforce …


Is The Trips Agreement An Adequate Means To Deal With Unauthorized Copying Of Sound Recordings From The Internet?, Hege Sehested Zakariassen Jan 1999

Is The Trips Agreement An Adequate Means To Deal With Unauthorized Copying Of Sound Recordings From The Internet?, Hege Sehested Zakariassen

LLM Theses and Essays

The Internet has expanded vastly in recent years, both in use and utility. It has become one of the most important means of distributors of information in our time. This increasing popularity has also led to "online fraud, theft, piracy, and infringement. The music industry is one of the branches that will experience upheaval in the next few years. The Internet might even change the way music is distributed. Experts believe that the Internet could alter the way music is distributed and undermine the physical distribution of sound recordings. Yet, on the other hand, the Internet could help unknown bands …


Arbitral Situs: Considerations And Consequences, Rajdeep Singh Jan 1999

Arbitral Situs: Considerations And Consequences, Rajdeep Singh

LLM Theses and Essays

It is the law of the forum that is applicable to matters like arbitrability of the dispute, the validity of the arbitration agreement, the jurisdiction of the arbitrators, their appointment, removal and replacement and the challenge to their authority. Apart from these matters the law of the arbitral situs also governs the conflict of laws rules applicable to the dispute. Though the principle of party autonomy allows the parties to agree to a procedural law other than that of the arbitral situs, they still have to comply with the mandatory provisions of the law of the venue. In case they …


The House That Jackson Built: Restructuring The Gatt System, Robert L. Howse Jan 1999

The House That Jackson Built: Restructuring The Gatt System, Robert L. Howse

Michigan Journal of International Law

A Tribute to John H. Jackson


"International Financial Law," An Increasingly Important Component Of "International Economic Law": A Tribute To Professor John H. Jackson, Joseph J. Norton Jan 1999

"International Financial Law," An Increasingly Important Component Of "International Economic Law": A Tribute To Professor John H. Jackson, Joseph J. Norton

Michigan Journal of International Law

A Tribute to John H. Jackson


For John: A Tribute To A Scholar And Friend, Alan O. Sykes Jan 1999

For John: A Tribute To A Scholar And Friend, Alan O. Sykes

Michigan Journal of International Law

A Tribute to John H. Jackson


Reflections On The Mjil Special Issue, John H. Jackson Jan 1999

Reflections On The Mjil Special Issue, John H. Jackson

Michigan Journal of International Law

A reflection on this special issue of Michigan Journal of International Law and its subject by Professor John H. Jackson.


The Long Road Ahead: Dispute Settlement In The Gatt/Wto, Dukgeun Ahn Jan 1999

The Long Road Ahead: Dispute Settlement In The Gatt/Wto, Dukgeun Ahn

Michigan Journal of International Law

Review of International Trade Law and the GATT/WTO Dispute Settlement System by Ernst-Ulrich Petersmann


Mrs. Watu: Seven Steps To Trade Sanctions Analysis, Raj Bhala Jan 1999

Mrs. Watu: Seven Steps To Trade Sanctions Analysis, Raj Bhala

Michigan Journal of International Law

An earlier version of this article was published as MRS. WATU and International Trade Sanctions, 33 INT'L LAW Spring 1999. The first draft of this article was presented in Washington, D.C. on 14 May 1998 at The Department of Commerce-George Washington University Third Annual Institute on International Trade and Investment.


John H. Jackson: Master Of Policy- And The Good Life, Theodore J. St. Antoine Jan 1999

John H. Jackson: Master Of Policy- And The Good Life, Theodore J. St. Antoine

Michigan Journal of International Law

A Tribute to John H. Jackson


John Jackson And The Founding Of The World Trade Organization: Empiricism, Theory And Institutional Imagination, Joel P. Trachtman Jan 1999

John Jackson And The Founding Of The World Trade Organization: Empiricism, Theory And Institutional Imagination, Joel P. Trachtman

Michigan Journal of International Law

A Tribute to John H. Jackson


Environmental Disputes In The Gatt/Wto: Before And After Us-Shrimp Case, Dukgeun Ahn Jan 1999

Environmental Disputes In The Gatt/Wto: Before And After Us-Shrimp Case, Dukgeun Ahn

Michigan Journal of International Law

This paper aims to present the legal analysis of the rulings by the Panel and, with more emphasis, the Appellate Body in US-Shrimp. Section I briefly reviews general dispute settlement mechanisms provided in international environmental conventions. Section II summarizes the practices regarding Article XX of the GATT in the GATTIWTO dispute settlement systems prior to US-Shrimp. Section III presents the factual background of US-Shrimp case and the legal analysis of several procedural and substantive issues specifically addressed in the Appellate Body report. Section IV examines the remaining issues to be addressed in trade disputes with environmental implication after …


Open Regionalism Or Old-Fashioned Protectionism? A Look At The Performance Of Mercosur's Auto Industry, Stephen P. Sorensen Jan 1999

Open Regionalism Or Old-Fashioned Protectionism? A Look At The Performance Of Mercosur's Auto Industry, Stephen P. Sorensen

University of Miami Inter-American Law Review

No abstract provided.


Sovereignty, Compliance, And The World Trade Organization: Lessons From The History Of Supreme Court Review, Mark L. Movsesian Jan 1999

Sovereignty, Compliance, And The World Trade Organization: Lessons From The History Of Supreme Court Review, Mark L. Movsesian

Michigan Journal of International Law

This article explores the nineteenth-century conflict over Supreme Court review and discusses its implications for today's debate on the WTO. Congress granted the Court appellate jurisdiction over state courts in one of its earliest pieces of legislation, the Judiciary Act of 1789. The first serious challenge to that jurisdiction occurred about a quarter-century later, however, in connection with the Court's famous opinion in Martin v. Hunter's Lessee. The conflict continued episodically for the next four decades, with several states refusing to acknowledge the Court's jurisdiction in particular cases, and ended only with the Civil War, which resolved this and …


A Tribute To John H. Jackson, William J. Davey Jan 1999

A Tribute To John H. Jackson, William J. Davey

Michigan Journal of International Law

A Tribute to John H. Jackson