International Trade Law Commons^™

John H. Jackson And The University Of Michigan, Harold K. Jacobson

Michigan Journal of International Law

A Tribute to John H. Jackson

My Association With John Jackson, Mitsuo Matsushita

Michigan Journal of International Law

A Tribute to John H. Jackson

Who Leads At Halftime?: Three Conflicting Visions Of Internet Privacy Policy, Karl D. Belgum

Richmond Journal of Law & Technology

Concern about privacy on the Internet runs high, but the prescriptions for treatment vary widely. Privacy advocates seek different goals when formulating policy proposals. Some seek to protect individuals and society from the effects of loss of privacy, including the loss of human dignity. Others seek to encourage the development of online markets in personal information, so that consumers can profit from their own information, rather than giving it away. Still, others seek primarily to promote the growth of e-commerce, and see privacy fears as a threat to that goal. These goals are fundamentally inconsistent, and that inconsistency is obscured …

Affordable Internet Access For All Americans, Mark J. Maier

Richmond Journal of Law & Technology

There are times in our history where new technologies burst onto the scene and have a major impact on our lives. We live in one such time. The Internet is revolutionizing how people and organizations interact with each other. Examples of these paradigm changes include how students are now being educated online with minimal face time with their teachers; governments are being forced to adapt to the new circumstance where once formidable geographical boundaries between countries are being lowered by information technology; and the military is realizing that it needs to harness this new technology or be defeated by it.

Free Trade Or Sustainable Development? An Analysis Of The Wto Appellate Body's Shift To A More Balanced Approach To Trade Liberalization, Padideh Ala'i

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Neoliberalism, Colonialism And International Governance: Decentering The International Law Of Governmental Legitimacy, James T. Gathii

Faculty Publications & Other Works

No abstract provided.

Corruption And Donor Reforms: Expanding The Promises And Possibilities Of The Rule Of Law As An Anti-Corruption Strategy In Kenya, James T. Gathii

Faculty Publications & Other Works

No abstract provided.

The Marriage Of Intellectual Property And International Trade In The Trips Agreement: Strange Bedfellows Or A Match Made In Heaven, Robert J. Gutowski

Buffalo Law Review

No abstract provided.

Regulation Of The International Transport Of Packaged Dangerous Goods: The Case For Legislative Integration In A World Convention, Mirsada Stasevic

LLM Theses

The multimodal transport of dangerous goods is a high risk enterprise for the participants, the public, and public and private property. This study examines the lack of congruency of safety and environmental protection rules which govern the international transport of dangerous goods, along with the concurrent progressive efforts of the international community to ensure global and inter-modal harmonization of these rules. It discusses their inadequacy and proposes a solution. The analysis of the existing rules, fragmented along modal and geographical fines, shows that they do not sufficiently introduce the safety, environmental protection and liability considerations into the legal regime governing …

The Expedition To Darkest Geneva, Robert E. Hudec

Michigan Journal of International Law

A Tribute to John H. Jackson

On The Constitution Of John H. Jackson, Ernst-Ulrich Petersmann

Michigan Journal of International Law

A Tribute to John H. Jackson

A Tribute To John Jackson, Debra P. Steger

Michigan Journal of International Law

A Tribute to John H. Jackson

An Examination Of The Developments In Chapter 19 Antidumping Decisions Under The North American Free Trade Agreement (Nafta): The Implications And Suggestions For Reform For The Next Century Based On The Experience Of Nafta After The First Five Years, Kenneth J. Pippin

Michigan Journal of International Law

This paper describes the themes in the Chapter 19 antidumping panel decisions that have developed over the first five years of NAFTA. Part I provides a brief overview of the Chapter 19 panel process and the method of antidumping determinations for each NAFTA party. Part II presents statistics on the number and types of antidumping panel decisions made under the first five years of NAFTA. Finally, Part III explores the most significant themes in the antidumping Chapter 19 panel decisions and discusses their implications for reforming the Chapter 19 panel process.

Is Nafta Up To Its Green Expectations? Effective Law Enforcement Under The North American Agreement On Environmental Cooperation, Beatriz Bugeda

University of Richmond Law Review

On January 1, 1994, the North American Free Trade Agreement (NAFTA) between the governments of Mexico, Canada and the United States went into effect. Together with this trade agreement, the governments of the three countries entered into a side agreement on the environment: the North American Agreement on Environmental Cooperation (NAAEC). This agreement, also known as the Environmental Side Agreement, responded to some of the concerns of NAFTA critics. Some environmentalists believed NAFTA would promote environmentally insensitive and uncontrolled growth, and others thought the liberalization of trade would be used as a means to preempt stringent domestic environmental regulations.

Exit And Voice In The Age Of Globalization, Eyal Benvenisti

Michigan Law Review

The "globalization" of commerce provides ever-growing opportunities for producers, employers, and service providers to shop the globe for more amenable jurisdictions. While they enjoy a "race to the top," an international "race to the bottom," spawned by decreasing relocation costs, threatens to compromise the achievements of the welfare state and lower standards of consumer protection. National governments, weakened by competition that entails leaner budgets, find it increasingly difficult to cooperate in the appropriation of crucial shared natural resources, seriously endangering these assets while damaging the environment. Not only does the growing global competition create both efficiency losses and social-welfare problems, …

The Use And Abuse Of Trade Leverage To Protect The Global Commons: What We Can Learn From The Tuna-Dolphin Conflict, Richard Parker

Faculty Articles and Papers

No abstract provided.

The Innocent Buyer Of Art Looted During World War Ii, Michelle I. Tumer

Vanderbilt Journal of Transnational Law

This Note considers the legal issues relating to innocent buyers of looted art. After providing some historical background on the massive displacements of art that took place during World War II, the Note surveys recent developments, including the different types of disputes that have arisen in the past few years. It then provides a legal framework for analyzing one type of dispute, that of the innocent buyer of looted art.

Original owners face difficult evidentiary burdens and other litigation barriers, but law and policy nevertheless favor original owners above innocent buyers. In particular, courts have become increasingly impatient with the …

On The Threshold Of The Adoption Of Global Antibribery Legislation, Barbara C. George, Kathleen A. Lacey, Jutta Birmele

Vanderbilt Journal of Transnational Law

This Article will (1) briefly discuss domestic U.S. anti-corruption efforts through a review of the substantive content of the 1977 FCPA and its 1988 amendments; (2) evaluate indicators of changes in domestic attitudes and policies toward business corruption as evidenced by the breadth and scope of recent increased enforcement activities of DOJ and the SEC; (3) analyze the factors causing recent changes in international attitudes and policies toward business corruption; and (4) examine the resulting international efforts to combat business corruption by governmental and non-governmental organizations, financial standard setting organizations, and financial institutions.

Recent Developments In Anti-Money Laundering And Related Litigation Traps For The Unwary In International Trust Matters, Bruce Zagaris

Vanderbilt Journal of Transnational Law

In 1998, governments and international organizations continued their active efforts to increase regulatory and criminal enforcement of various laws to stem the tide of transnational crime. These efforts were reflected in the criminalization of various business and financial transactions, the imposition of new due diligence measures on the private sector and the concomitant weakening of privacy and confidentiality laws, strengthened penalties for non-compliance with regulatory efforts, and new law enforcement techniques, such as undercover sting operations, wiretapping, expanded powers to search homes and businesses, and controlled deliveries. So obtrusive are many of the law enforcement techniques and the privatization of …

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

Faculty Publications

One of the World Trade Organization’s (WTO's) more remarkable and controversial innovations is its mechanism for resolving trade disputes among member states. Traditionally, states have resolved such disputes in "pragmatic" fashion, through negotiation and compromise informed by the relative power of the parties involved. But no longer: the WTO's Understanding on Rules and Procedures Governing the Settlement of Disputes (the DSU) provides that disputes between member states are to be resolved in adversary proceedings before impartial panels of experts." Under the DSU, panels have authority to decide whether members' laws violate international trade norms; panel decisions are essentially binding, though …

The Appellate Body, The Protection Of Sea Turtles And The Technique Of "Completing The Analysis", Sydney M. Cone Iii.

Articles & Chapters

No abstract provided.

Mfn Relations With Communist Countries: Is The Two-Decade Old System Working, Or Should It Be Revised Or Repealed?, Taunya L. Mclarty

University of Richmond Law Review

Most Favored Nation ('MEN") trade status has been a cornerstone of U.S. trade policy since 1934, and it is extended to all nations except those specifically denied MFN status by U.S. law. Since 1934, the United States has used MFN status as leverage to further U.S. national security and foreign policy goals, and on a few occasions, has used it as a tool to obtain trade concessions.

The Case For A European Securities Commission, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Where's The Beef? Mad Cows And The Blight Of The Sps Agreement, Ryan D. Thomas

Vanderbilt Journal of Transnational Law

This Note will first outline the SPS Agreement itself--specifically, Part II attempts to present the relevant articles in a manner providing the necessary background for understanding the WTO dispute panel and Appellate Body decisions. Next, Part III discuss and critique, the dispute panel and Appellate Body decisions, specifically, noting the shortcomings of these decisions in the context of the SPS Agreement and its utility as a precedent of international dispute resolution in the area of international regulation of drugs and feedstuffs. Next, I will addresses the likely effect of these decisions upon a possible WTO resolution of the SRM dispute …

The Rise Of The International Trust, Jeffrey A. Schoenblum

Vanderbilt Journal of Transnational Law

With considerable acuity, Carlyn S. McCaffrey and Elyse G.Kirschner explore the maze created by the new Code and treasury regulation provisions. In addition to affording a fascinating roadmap through the maze, their article, Learning to Live with the New Foreign Nongrantor Trust Rules, demonstrates the difficulty of addressing legislatively the multitude of trust arrangements that can be devised in the struggle between grantors worldwide and the U.S. tax authorities. The article also exposes the inevitable generation of unintended consequences, including new loopholes, that are a product of such legislation.

In a second tax article, Respect for "Form" as "Substance" in …

Damned If You Do, Damned If You Don't? The Oecd Convention And The Globalization Of Anti-Bribery Measures, Christopher F. Corr, Judd Lawler

Vanderbilt Journal of Transnational Law

This article explores the efforts of the international community to battle corruption by focusing on the recently promulgated Organization of Economic and Cooperative Development (OECD) Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. For many years the United States battled corruption by prohibiting its domestic businesses from bribing foreign officials. Other countries, however, generally viewed U.S. policy as a form of unilateral commercial disarmament and declined to pass their own anti-bribery legislation. The Convention, therefore, marks a recent shift by the international community, as it requires signatories to enact laws to punish domestic corporations for bribes …

Cross-Border Bank Branching Under The Nafta: Public Choice And The Law Of Corporate Groups, Eric J. Gouvin

Faculty Scholarship

This Article examines a question left unresolved after the negotiation of the North American Free Trade Agreement (NAFTA): whether the banks of the member countries should be permitted to engage in the business of banking in the other member countries simply by branching across national borders. Under present law, the United States permits branching subject to extensive restrictions, while Canada and Mexico permit access to their banking markets only by acquisition or establishment of institutions chartered in their countries. While the NAFTA does not provide for unfettered branching across national borders, article 1403(3) of the NAFTA left the issue of …

The New Wto Agreement On Financial Services And Chapter 14 Of Nafta: Has Free Trade In Banking Finally Arrived?, Constance Z. Wagner

All Faculty Scholarship

This article discusses the U.S. policy rationale for seeking free international trade in financial services and assesses whether U.S. policy goals have been met through recent trade agreement negotiations. Free trade in financial services has been a goal of U.S. trade policy since the early 1980’s. Over a period of fifteen years, the United States concluded several agreements on financial services with key trading partners. The most significant agreements are the World Trade Organization (WTO) Agreement on Financial Services (FSA) and Chapter 14 of the North American Free Trade Agreement (NAFTA) on Financial Services. In both of these trade agreements, …

Comparing The "1990s-Style" And "1980s-Style" Debt Crises, Chantal Thomas

Cornell Law Faculty Publications

No abstract provided.

Transfer Pricing, Anders Leif Allvin

LLM Theses and Essays

Transfer pricing is one of the principal international taxation issues of the 1990s and potentially of future decades as well. For corporate enterprises, it can be difficult enough to do business in just one country, but it gets even more complex when they go international. The growth of multinational enterprises (MNEs) creates complex taxation issues for both the tax administrations as well for the MNE. Transfer pricing concerns allocation of income earned within affiliated corporate groups in different countries, which must satisfy tax authorities that they are not evading taxes through the use of transfer pricing. The main problem with …