International Trade Law Commons^™

No Logo, Robert Howse

Michigan Journal of International Law

Review of No Logo: Taking Aim at the Brand Bullies by Naomi Klein

A Safety Net In The E-Marketplace: The Safe Harbor Principles Offer Comprehensive Privacy Protection Without Stopping Data Flow, William J. Kambas

ILSA Journal of International & Comparative Law

In May of 2000, the FTC, under Chairman Robert Pitofsky, concluded that industry self-regulation was not effective in protecting consumer privacy and in a report to Congress the FTC expressed the view "that legislation [was] necessary to ensure further implementation of consumer data protection devices."

The Legality Of Nato's Intervention In Yugoslavia In 1999: Implications For The Progressive Development Of International Law, Jeffrey S. Morton

ILSA Journal of International & Comparative Law

NATO's intervention in Yugoslavia in 1999 in response to violations of human rights raises a number of legal and moral questions concerning the right of states to respond to humanitarian disasters.

Cross-Cultural Arbitration: Do The Differences Between Cultures Still Influence International Commercial Arbitration Despite Harmonization?, Lara M. Pair

ILSA Journal of International & Comparative Law

Imagine an International Commercial Arbitration hearing. Imagine how the procedure of your International Commercial Arbitration works.

Putting The Precautionary Principle In Its Place: Parameters For The Proper Application Of A Precautionary Approach And The Implications For Developing Countries In Light Of The Doha Wto Ministerial, Laurent A. Ruessmann

American University International Law Review

No abstract provided.

“Democratizing” Globalization: Practicing The Policies Of Cultural Inclusion, 10 Cardozo J. Int'l & Comp. L. 217 (2002), Doris E. Long

UIC Law Open Access Faculty Scholarship

No abstract provided.

Foreign Direct Investment In Latin America Overview And Current Status, Reuven S. Avi-Yonah, Martin B. Tittle

Other Publications

More firms than ever, and in more industries and countries, are expanding abroad through [foreign] direct investment [FDI]. Although FDI in 1980 was equivalent to only 5% of world GDP, by the end of the 1990's, that percentage had more than tripled to 17%. In 1993, the total US dollar value of world FDI was only US$ 200 billion, but by the year 2000, it had risen to US$ 1.3 thousand billion. Developing countries received around 25% of these inflows, mostly in the form of "greenfield" investments, where a new enterprise is essentially created from scratch.

Black Internationalism: Embracing An Economic Paradigm, Jeffery M. Brown

Michigan Journal of International Law

This Article proposes a paradigm shift away from the traditional rights-based, Pan-Africanist trajectory of black internationalism, grounded largely in concerns over racial justice and Pan-African solidarity, and instead embraces an economically grounded black empowerment strategy that is responsive first and foremost to the unique economic imperatives of the emerging world economy. Indeed, the growing complexity of the emerging global economic order as represented by a shift toward rule formalism in the, international trade sphere and embodied in multilateral initiatives like the North American Free Trade Agreement, the General Agreement on Tariffs and Trade, and the World Trade Organization, mandates that …

The Precautionary Principle: Development Of An International Standard, Sonia Boutillon

Michigan Journal of International Law

This Note characterizes and evaluates the current status of the precautionary principle in international law and suggests how it could be more effectively incorporated into bodies of law such as trade law. Much of the literature focuses on whether the principle is a legal rule. This Note shows that precaution need not necessarily fit into the traditional categories of international legal sources' but may derive its legal force from being interpreted as a standard. While the theme-and thesis-of this Note will strike some as provocative, it will appear as an understatement to others, thereby reflecting the ongoing controversy about the …

"Unitorrial" Marks And The Global Economy, 1 J. Marshall Rev. Intell. Prop. L. 191 (2002), Doris E. Long

UIC Review of Intellectual Property Law

The early decades of the 21st Century may well become known in the annals of intellectual property development as the period when “everything old is new again.” There is one ancient doctrine that has not yet enjoyed a similar renaissance, despite its clear application to today’s new, global, digital economy. It is the old (and currently discredited) view that trademarks and other commercial symbols are universal in nature. First given credence in early US cases regarding the importation of grey market, or parallel imports, the doctrine of universality was gradually replaced by a view of trademarks as creatures of nation …

The Economics Of Private Law Harmonization, John Linarelli

Scholarly Works

No abstract provided.

World Trade Organization's Anti-Discrimination Jurisprudence: Free Trade, National Sovereignty, And Environmental Health In The Balance, The , Ari Afilalo, Sheila Foster

Faculty Scholarship

A discussion of how the World Trade Organization (WTO) resolves disputes centering on the tension between the free trade commit ment of the General Agreement on the Tariffs and Trade (GATT) and domestic policies regarding such matters as environmental, health, consumer, and labor protection. This article describes this evolving jurisprudential framework and the cases that comprise it, and illustrates how this framework articulates and applies an anti-discrimination norm that pervades the GATT. If properly articulated and applied, we argue, the anti-discrimination jurisprudence of the WTO will foster the trade interests that underlie the GATT up to the point where the …

International Trade And Labor: Leveling Up Or Down, 35 J. Marshall L. Rev. 227 (2002), Don Turner, Willard A. Workman, Ira Arlook

UIC Law Review

No abstract provided.

International Labor Standards In The Wto’S “New World Order”: Towards “Development-Based” Standard Setting, Carlin Meyer

Other Publications

No abstract provided.

The World Grain Economy To 2050: A Dynamic General Equilibrium, Two Sector Approach To Long-Term World-Level Macroeconomic Forecasting, Benn Eifert, Carlos Galvez, Naureen Kabir, Avinash Kaza, Jack Moore, Christine Pham

University Avenue Undergraduate Journal of Economics

Though fifty years is a tremendous time horizon for the forecasting of any trend involving the complex interactions of billions of people and billions of hectares of intricate planetary ecosystems, the analytic methodology of economics is the most capable toolbox available for such forecasting. At the center of such a forecast are two complex functions, supply and demand, coevolving over time and codetermining prices, production, investment, labor flows, export patterns, and most other major variables.

The Political Economy Of Wto Dispute Settlement: Toward A Synthesis Of International Regime Theories, Christopher L. Griffin

University Avenue Undergraduate Journal of Economics

This paper analyzes the explanatory power of mainstream international regime theories from the international political economy (IPE) literature—neoliberalism, realism, and cognitivism—through formal econometric techniques. I use a data set based on 162 dispute settlement cases since the inception of the World Trade Organization and find that the probability of a Dispute Settlement Panel (DSP) forming depends on the share of exports for a target country as a share of its total exports as well as relative gaps in military expenditures (as a share of GDP). These results are highly robust to different model specifications and control variable choice. Though the …

Cross-Examining Expertise In The Wto Dispute Settlement Process, Christopher T. Timura

Michigan Journal of International Law

Part I of this Note surveys some of the recent contributions that social theorists and social scientists have made to our understanding of the role of experts in society, and also the structure of expert communities. Experts are everywhere in modern life, and individuals are with increasing frequency asked to extend their trust to experts and bodies of knowledge that they have little or no opportunity to question. Part II highlights how the WTO Agreement deals with experts, using recent WTO panel reports to illustrate the ways in which the DSB has operationalized its various provisions. Part III suggests two …

Black Internationalism: Embracing An Economic Paradigm, Jeffery M. Brown

Journal Publications

The seemingly inexorable march toward a more unified political and economic world order poses strategic and leadership challenges to States, international organizations, and local activists unimaginable a generation ago. Supporters of this process argue that easing international economic regulatory restrictions, creating a more predictable legal order, and liberalizing investment standards will benefit the global economy by rendering financial transactions more efficient, thereby increasing trade and investment opportunities. Globalization poses important conceptual challenges to international law and international trade scholars committed to defending local interests and historically marginalized people against the perceived adverse effects of accelerated global economic expansion. Critics argue …

Afterword: The Linkage Problem – Comments On Five Texts, John H. Jackson

Georgetown Law Faculty Publications and Other Works

The problem of linkage between "non trade" subjects and the World Trade Organization is certainly one of the most pressing and challenging policy puzzles for international economic relations and institutions today. It is extensively and harshly debated by political leaders and diplomats, at both the national and the international levels of discourse, and is one of several issues that derailed the WTO Third Ministerial Conference in Seattle in late 1999. It also posed problems for the Fourth Ministerial Conference in Doha, Qatar, in November of 2001, and it threatens to derail the successful functions of the WTO itself. With the …

(How) Should Trade Agreements Deal With Income Tax Issues?, Joel Slemrod, Reuven S. Avi-Yonah

Articles

What is the relationship between the international tax regime, as embodied in bilateral international tax treaties, and multilateral free trade agreements like the General Agreement on Tariffs and Trade (GATr)?' Are their fundamental goals consistent or inconsistent? If they are inconsistent, should the tax treaties or the GATT be changed to remedy the inconsistency? If they are consistent, should the scope of either be expanded to include the other?

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.

Globalization In Financial Services - What Role For Gats?, Chantal Thomas

Cornell Law Faculty Publications

No abstract provided.

Public Private Partnerships: The Role Of The Private Sector In Preventing Funding Conflict, Juliette Bennett

Vanderbilt Journal of Transnational Law

As the events in New York City in September have shown all of us, it is important that there be an increased understanding among all sectors of society on the ways that the global economy can increase the risk of violence in the world and an examination of ways to avoid or diminish those risks of violence. A significant contributor to these risks is the perception among many that they do not benefit from the global economy, that they are exploited by it, and that global business--and symbols of global business, such as the World Trade Towers--are legitimate targets of …

Foreign Sales Corporations--Subsidies, Sanctions, And Trade Wars, Candace Carmichael

Vanderbilt Journal of Transnational Law

The largest sanctions in the history of the World Trade Organization, the need to stabilize an ailing economy, and the need to maintain strong alliances in the face of a new global war on terrorism are all issues the United States currently faces in deciding how to resolve its dispute with the European Union regarding U.S. tax policy. In 1997, the European Union filed a complaint with the WTO claiming that the then-current U.S. tax regime violated U.S. international trade agreements. The European Union contended that the U.S. tax system gave rise to export-contingent subsidies, in violation of U.S. trade …

Corporate Governance And The Global Social Void, Lee A. Tavis

Vanderbilt Journal of Transnational Law

This Article argues that the components of globalization--economic integration, democratization, and global governance networks--are changing the nature of corporate governance and the prospects for peace. Multinational enterprises are the instruments of economic integration. As such, multinationals as a group deserve credit for the positive productivity-related wealth effects of the process. As the implementing institutions, these enterprises are also inextricably related to the inequality--the social void--resulting from globalization that threatens peace.

Hyper competition in the global product markets and the demands of the financial markets determine, to a large extent, the activities of the multinational. Alternatively, there is an evolving opportunity …

The Multinational And The "New Stakeholder": Examining The Business Case For Human Rights, Scott Greathead

Vanderbilt Journal of Transnational Law

Business managers who ignore these realities--the concerns of these new corporate stakeholders--do so at the risk of their company's brand and their own careers. These are just a few examples of the new stakeholders of multinational corporations--workers, consumers, investors, indigenous peoples, non-governmental organizations (NGOs), and the media...

The concerns of these new stakeholders embrace human rights. It is a much broader concept of human rights, however, than the civil and political rights that used to dominate the agenda. Former concerns centered on freedom from arbitrary arrest, detentions, and other due process rights, freedom of speech and association, and governmental abuses …

"Super Jumbo" Problem: Boeing, Airbus, And The Battle For The Geopolitical Future, Daniel L. Fisher

Vanderbilt Journal of Transnational Law

The commercial aircraft industry is important to the United States for both economic and political reasons. Economically, commercial aviation has been the linchpin of the military-industrial complex and a positive actor on many other segments of U.S. industry. Politically, Boeing has ensured the lead of the United States in the aviation industry and aviation exports, which have a beneficial effect on the ability of the United States to export geopolitical power.

Cognizant of this salutary effect of a successful aviation industry on the United States, Europe created and financed Airbus as a direct competitor to Boeing, hoping it would play …

Corrections To Laurel S. Terry, Gats' Applicability To Transnational Lawyering, Laurel S. Terry

Vanderbilt Journal of Transnational Law

In October 2001, the Vanderbilt Journal of Transnational Law published an article I wrote entitled GATS' Applicability to Transnational Lawyering and its Potential Impact on U.S. State Regulation of Lawyers, 34 Vand. J. Transnat'l L. 989 (2001). (This article was part of an April 2001 Symposium on Lawyer Ethics in the 21st Century: Global Legal Practice.) After my article was published, I came to discover several mistakes in it. The pages that follow are my corrections to that October 2001 article. I am very grateful to the editors of the Vanderbilt Journal of Transnational Law for the opportunity to publish …

Chinese Business And The Internet: The Infrastructure For Trust, Timothy L. Fort, Liu Junhai

Vanderbilt Journal of Transnational Law

Although the Internet and E-commerce revolutions have clearly taken hold in the United States and Europe, the Chinese culture has been slow to adopt the Internet as a marketplace. The Authors cite a lack of trust on the part of both potential consumers and potential merchants as the primary obstacle to a robust Chinese E-commerce community. To remedy this lack of trust, the Article proposes the nation seek a middle way between reforms guided by Western rule of law and Eastern rule of ethics, thus incorporating effective regulatory strategies and the philosophical resources already within the Chinese cultural consciousness. The …