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Articles 1 - 30 of 95
Full-Text Articles in International Trade Law
The World Trade Constitution, John O. Mcginnis, Mark L. Movsesian
The World Trade Constitution, John O. Mcginnis, Mark L. Movsesian
Articles
Conventional wisdom holds that the World Trade Organization (WTO) necessarily poses a threat to sovereignty and representative government within its member nations. Professors McGinnis and Movsesian refute this view. They argue that the WTO can be understood as a constitutive structure that, by reducing the power of protectionist interest groups, can simultaneously promote international trade and domestic democracy. Indeed, in promoting both free trade and accountable government, the WTO reflects many of the insights that inform our own Madisonian Constitution. Professors McGinnis and Movsesian reject recent proposals to grant the WTO regulatory authority, endorsing instead the WTO's limited adjudicative power …
The Protection Of Well-Known Marks In Taiwan: From Case Study To General Theory, Kung-Chung Liu
The Protection Of Well-Known Marks In Taiwan: From Case Study To General Theory, Kung-Chung Liu
Research Collection Yong Pung How School Of Law
Although the use of trademarks in China can be traced back over one thousand years (Liu's needle shop with the "white rabbit" mark ca. A.D. 960-1126), a statutory regulation of trademarks was not undertaken until very late in the Qing dynasty, and this only happened due to foreign pressure.' In 1904, the British Herd helped draft the "Shang Piao Chu Ts'e Shih Pan Chang Ch'eng," which never took effect.2 In 1923, the government promulgated the Trade Mark Act and in 1927 the "Ch'iian Kuo Chu Ts'e Chii Chu Ts'e T'iao Li."3 In 1930, the "New Trade Mark Act," 4 which …
Constitutional Change And International Government, Chantal Thomas
Constitutional Change And International Government, Chantal Thomas
Cornell Law Faculty Publications
No abstract provided.
Nachfrist Was Ist? Thinking Globally And Acting Locally: Considering Time Extension Principles Of The U.N. Convention On Contracts For The International Sale Of Goods In Revising The Uniform Commercial Code, John C. Duncan Jr.
BYU Law Review
No abstract provided.
Free Trade Area Of The Americas: Is It Desirable?, David M. Gilmore
Free Trade Area Of The Americas: Is It Desirable?, David M. Gilmore
University of Miami Inter-American Law Review
No abstract provided.
The Political Economy Of Global Multilateralism, John O. Mcginnis
The Political Economy Of Global Multilateralism, John O. Mcginnis
Articles
Many conservatives (at the least the subset who are classical liberals) approve of global multilateral trade agreements and allied agreements that keep global capital markets open. Conservatives, however, tend to be openly skeptical of other global multilateral agreements, be they environmental accords, human rights conventions, military pacts, or an agreement on an international criminal court. In this paper I offer the beginnings of a framework of sound political economy that justifies these divergent intuitions and shows that they are rooted in more than just a reflexive liking for trade combined with a disdain for the environment, human rights, criminal justice, …
Nafta's Contribution To The Discrimination Of Mexican Women In The Maquiladoras, Jennifer Mandina
Nafta's Contribution To The Discrimination Of Mexican Women In The Maquiladoras, Jennifer Mandina
Buffalo Women's Law Journal
No abstract provided.
Trading Indigenous Rights: The Nafta Side Agreements As An Impetus For Human Rights Enforcement, David P. Kelly
Trading Indigenous Rights: The Nafta Side Agreements As An Impetus For Human Rights Enforcement, David P. Kelly
Buffalo Human Rights Law Review
No abstract provided.
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.
Globalization And The Reproduction Of Hierarchy, Chantal Thomas
Globalization And The Reproduction Of Hierarchy, Chantal Thomas
Cornell Law Faculty Publications
No abstract provided.
Democracy, Science, And Free Trade: Risk Regulation On Trial At The World Trade Organization, Robert Howse
Democracy, Science, And Free Trade: Risk Regulation On Trial At The World Trade Organization, Robert Howse
Michigan Law Review
Among the most common critiques of globalization is that it increasingly constrains the ability of democratic communities to make unfettered choices about policies that affect the fundamental welfare of their citizens, including those of health and safety, the environment, and consumer protection. Traditionally, free trade rules were about constraining border measures such as tariffs and quantitative restrictions on imports. Increasingly, however, such rules include requirements and constraints addressed directly to domestic regulation. For example, a country's policies with respect to intellectual property rights or its regulatory approach to network industries, such as telecommunications, may now be fundamentally shaped by rules …
A Framework On Consumption Taxes And Their Impact On International Trade, Jane L. Seigendall
A Framework On Consumption Taxes And Their Impact On International Trade, Jane L. Seigendall
Penn State International Law Review (1982 - 2011)
No abstract provided.
National Foreign Trade Council V. Natsios And The Foreign Relations Effects Test: Searching For A Viable Approach, Patrick J. Thurston
National Foreign Trade Council V. Natsios And The Foreign Relations Effects Test: Searching For A Viable Approach, Patrick J. Thurston
BYU Law Review
No abstract provided.
The Impact Of State Sovereignty On Global Trade And International Taxation, By Ramon J. Jeffery, Michael P. Avramovich
The Impact Of State Sovereignty On Global Trade And International Taxation, By Ramon J. Jeffery, Michael P. Avramovich
Indiana Journal of Global Legal Studies
No abstract provided.
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.
Enhancing Economic Cooperation: A Regional Arbitration Centre For Asean?, Pearlie Koh
Enhancing Economic Cooperation: A Regional Arbitration Centre For Asean?, Pearlie Koh
Research Collection Yong Pung How School Of Law
Economic co-operation within ASEAN can be said to have seriously begun only at the beginning of the nineties. Prior to that, it was well known that, ASEAN as a co-operative grouping, had existed mainly with a political and strategic focus. It is with this focus that ASEAN managed to establish and maintain cohesiveness through the years despite the shaky beginnings of what has been described as a 'brittle alliance' borne of a common fear of communism. And it is with this focus that ASEAN, as a regional grouping, has generally been hailed as a success.
Trends. Labor And Environmental Standards And Human Welfare: Global Prescriptions, Ibpp Editor
Trends. Labor And Environmental Standards And Human Welfare: Global Prescriptions, Ibpp Editor
International Bulletin of Political Psychology
This article discusses the human consequences - labor and environmental impacts - of free trade, and the impact of possible standards for addressing those consequences.
Front Matter, United States-Mexico Law Journal
Front Matter, United States-Mexico Law Journal
United States - Mexico Law Journal (1993-2005)
No abstract provided.
Production And Distribution Of Electric Power In Mexico: Today And Tomorrow, James A. Dement Jr.
Production And Distribution Of Electric Power In Mexico: Today And Tomorrow, James A. Dement Jr.
United States - Mexico Law Journal (1993-2005)
No abstract provided.
Product Liability Claims On Both Sides Of The Border: A Panel Discussion, Michael W. Gordon, Carlos Loperena, David Epstein, Adolfo E. Jimenez, Jose A. Santos Jr., Francisco Velazquez
Product Liability Claims On Both Sides Of The Border: A Panel Discussion, Michael W. Gordon, Carlos Loperena, David Epstein, Adolfo E. Jimenez, Jose A. Santos Jr., Francisco Velazquez
United States - Mexico Law Journal (1993-2005)
No abstract provided.
The Movement Of Professionals, Technicians, And Other Workers Across Nafta Borders, William J. Benos
The Movement Of Professionals, Technicians, And Other Workers Across Nafta Borders, William J. Benos
United States - Mexico Law Journal (1993-2005)
No abstract provided.
A Step In The Right Direction - Privitization Of Natural Gas Services In Mexico And An Examination Of The Burgeoning Role Of Local Distribution Companies, Rogelio Lopez Velarde
A Step In The Right Direction - Privitization Of Natural Gas Services In Mexico And An Examination Of The Burgeoning Role Of Local Distribution Companies, Rogelio Lopez Velarde
United States - Mexico Law Journal (1993-2005)
No abstract provided.
Transportation Of People Across The Border, Ricardo Lan
Transportation Of People Across The Border, Ricardo Lan
United States - Mexico Law Journal (1993-2005)
No abstract provided.
Developing A Legal Frame For Understanding The Production And Distribution Of Electricity In Mexico, Niceforo Guerrero Reynoso
Developing A Legal Frame For Understanding The Production And Distribution Of Electricity In Mexico, Niceforo Guerrero Reynoso
United States - Mexico Law Journal (1993-2005)
No abstract provided.
Welcome Remarks, Jose Luis Romero Hicks
Welcome Remarks, Jose Luis Romero Hicks
United States - Mexico Law Journal (1993-2005)
No abstract provided.
Accounting Services For The 21st Century, Patricia Hernandez-Esparza
Accounting Services For The 21st Century, Patricia Hernandez-Esparza
United States - Mexico Law Journal (1993-2005)
No abstract provided.
Preview Of Problems In Product Liability: U.S. And Mexico, Francisco Velazquez
Preview Of Problems In Product Liability: U.S. And Mexico, Francisco Velazquez
United States - Mexico Law Journal (1993-2005)
No abstract provided.
Masthead, United States-Mexico Law Journal
Masthead, United States-Mexico Law Journal
United States - Mexico Law Journal (1993-2005)
No abstract provided.