International Trade Law Commons^™

European Union Food Law Update, Nicole Coutrelis

Journal of Food Law & Policy

The purpose of this update is to present the main events that have taken place each six months in the food law sector in the European Union (E.U.). This presentation will cover June through December 2004, but is not exhaustive. This update will not include detailed discussions of regulations, such as authorizations of new additives for animal feed or registrations of new geographic names. Instead it will concentrate on fundamental topics and focus on food, which excludes from our scope questions regarding the management of agricultural products (Common Agricultural Policy, or CAP). However, some questions which legally pertain to the …

Do European Union Non-Tariff Barriers Create Economic Nuisances In The United States?, Thomas P. Redick, Michael J. Adrian

Journal of Food Law & Policy

The European Union's new traceability system for biotech crops will lead to the proliferation of non-tariff barriers affecting biotech crops. This, in turn, will lead to economic dislocation and attendant liability in the United States, which is losing billions of dollars in export trade. A chain of complex legal problems will arise for United States-based companies as they strive to trace particular genetically modified (GM) events and avoid commingling. The European Union (E. U) tracing law for biotech crops applies at each stage of commodity commerce, from grain shippers leading back through elevators, growers, and seed companies. Warranty liability could …

Revising Seed Purity Laws To Account For The Adventitious Presence Of Genetically Modified Varieties: A First Step Towards Coexistence, A. Bryan Endres

Journal of Food Law & Policy

Adoption of genetically modified (GM) seed varieties in the United States, Canada, and South America continues to expand, with GM crops comprising almost 76 million hectares and over 93 percent of the total biotech cropland worldwide. As an increasing number of farmers plant GM varieties, the potential for adventitious mixture of genetically modified DNA with products produced via organic and conventional (non-GM) methods also increases. Many consumers of organic and identity-preserved products, however, object to the adventitious presence of genetically modified DNA at even low levels. Accordingly, the ability of farmers to choose between conventional, organic, or GM crop production …

The Legality Of Humanitarian Intervention, Eric Adjei

LLM Theses and Essays

Intervention in the domestic affairs of sovereign states by other sovereign state(s) is one of the ‘hot’ issues in international law today. The issue is ‘hot’ because the concept of human rights is on the ascendancy whilst international law had from time immemorial held the concept of sovereignty and its key feature, the principle of non-interference in high esteem. In fact, the concept of sovereignty has long been regarded as the bedrock of international relations. However, the doctrine of unilateral humanitarian intervention allows state(s) to intervene in the domestic affairs of sovereign states in the event of massive human rights …

The Customary International Law Game, Joel P. Trachtman, George Norman

ExpressO

Structural realists in political science and some rationalist legal scholars argue that customary international law cannot affect state behavior: that it is “epiphenomenal.” This article develops a game theoretic model of a multilateral prisoner’s dilemma in the customary international law context that shows that it is plausible that states would comply with customary international law under certain circumstances. Our model shows that these circumstances relate to: (i) the relative value of cooperation versus defection, (ii) the number of states effectively involved, (iii) the extent to which increasing the number of states involved increases the value of cooperation or the detriments …

Investor Protection And Foreign Investment Under Nafta Chapter 11: Prospects For The Western Hemisphere Under Chapter 17 Of The Ftaa, Jacqueline Granados

Cardozo Journal of International and Comparative Law

The article argues that adopting NAFTA-like investor protection provisions in the Free Trade Area of the Americas (FTAA) could significantly increase foreign direct investment (FDI) across the Americas, benefiting both investors and host countries. It emphasizes the importance of balancing investor rights with public interest considerations, such as environmental regulation, and highlights the need for clear definitions and procedural safeguards in the FTAA's investment chapter. The article also underscores the role of legal reforms and policy liberalization in Latin American and Caribbean countries (LAC) to maximize the agreement's potential benefits.

Are Public Sector Assets By Nature Insuitable For Financing Transnational Investments? , Lucien A. Rapp

ExpressO

Does the legal regime applicable to publicly owned assets constitute a policy instrument to protect public investment? In what way can this benefit public sector property ? Are the structures of the regime sufficiently well established to provide investors with enough certainty?

This paper aims to answer these questions by taking a trans-national perspective. The main concern is to resolve the problems of ownership or non-ownership of public sector assets in the context of financing trans-national investments.

This paper responds to this issue by examining (in two stages) the various consequences for trans-national investment; the first regarding the acquisition of …

The Expansion Of Intellectual Property Rights By International Agreement: A Case Study Comparing Chile And Australia’S Bilateral Fta Negotiations With The U.S., Ralph G. Fischer

ExpressO

This paper attempts to address the ongoing debate regarding the expansion of intellectual property rights (IPRs) through international negotiations. Commentators have described three theories that purport to explain the growing scope of IPRs in international law, as reflected in international agreements: that these agreements reflect coercion by economically powerful nations; that they are the products of lobbying by multinational corporations; and that they represent autonomous, welfare-enhancing instruments that benefit all parties. The article tests these theories by using a case study comparing free trade agreement negotiations that the United States recently concluded with a less developed country, Chile, and with …

From St. Ives To Cyberspace: The Modern Distortion Of The Medieval 'Law Merchant', Stephen E. Sachs

ExpressO

Modern advocates of corporate self-regulation have drawn unlikely inspiration from the Middle Ages. On the traditional view of history, medieval merchants who wandered from fair to fair were not governed by domestic laws, but by their own lex mercatoria, or "law merchant." This law, which uniformly regulated commerce across Europe, was supposedly produced by an autonomous merchant class, interpreted in private courts, and enforced through private sanctions rather than state coercion. Contemporary writers have treated global corporations as descendants of these itinerant traders, urging them to replace conflicting national laws with a law of their own creation. The standard history …

Finding A Happy Ending For Foreign Investors: The Enforcement Of Arbitration Awards In The People's Republic Of China, Ellen S. Reinstein

ExpressO

The Chinese judicial system has long been criticized for its rampant local protectionism and corruption and its lack of protections for foreign parties. To avoid litigation in China, most foreign investors insist on arbitration clauses in their contract. But even if they win the arbitration, foreigners must return to the Chinese courts to enforce the arbitration awards. Western lawyers, scholars and business people have repeatedly criticized the Chinese courts for their unwillingness to enforce arbitration awards in favor of foreign investors in favor of Chinese parties.

Over the last ten years, the Chinese Supreme People’s Court has attempted to address …

Communication Breakdown?: The Future Of Global Connectivity After The Privatization Of Intelsat, Kenneth D. Katkin

ExpressO

In 1971, 85 nations (including the United States) formed the International Telecommunications Satellite Organization “INTELSAT,” a public intergovernmental treaty organization. INTELSAT was charged with operating the world’s first global telecommunications satellite system, in order to guarantee the interconnectedness of the world’s communications systems and the availability of international telecommunications service to every nation on earth. By the late 1980s, however, INTELSAT’s operations began to experience substantial competition from the private sector. In 2000, the proliferation of privately-owned telecommunications satellites and transoceanic fiber optic cables led the U.S. Congress to mandate the privatization of INTELSAT. That privatization process began in 2001, …

Negotiated Acquisitions Of Shares And Assets In Mexico: Common Pitfalls And How To Avoid Them, Pablo Rion

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Issues In Cross-Border Tort Litigation: Forum Non Conveniens, Choice Of Law, And Other Matters, Carlos Loperena

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Current Techniques For Secured Financing Of Negotiated Acquisistions In Mexico, Including Analysis Of Effective Use Of Guarantee Trusts And Pledges Without Possession, Hans P. Goebel Caviedes

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Negotiated Acquisitions Of Company Shares And Assets In The United States: Pitfalls And How To Avoid Them, Wilson Chu

United States - Mexico Law Journal (1993-2005)

No abstract provided.

The Enforcement Of Foreign Judgments In The U.S. - A Matter Of State Law In Federal Courts, John A. Spanogle

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Panel Discussion: International Tort Litigation Involving The United States And Mexico, Larry Waks, Carlos Loperena, Leonel Pereznieto Castro

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Review Of Current Issues Affecting Economic Development In Mexico, Miguel Jauregui Rojas

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Panel Discussion: A Hypothetical Case Involving Commercial Litigation In The Sale Of Insulation From A U.S. Firm In Kansas To A Purchaser In Monterrey, Mexico, John A. Spanogle, Chris Bauman, Franklin Gill, Carlos Loperena, Leonel Pereznieto Castro

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Immigration Reform Post-9/11, Judith Golub

United States - Mexico Law Journal (1993-2005)

No abstract provided.

The U.S. Supreme Court And The Alvarez-Machain Cases: Recasting International Law, Sherri Burr

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Masthead, United States-Mexico Law Journal

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Front Matter, United States-Mexico Law Journal

United States - Mexico Law Journal (1993-2005)

No abstract provided.

The Formation Of International Energy Transactions, Stuart Broom

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Panel Discussion: Post-Nafta Conflicts, Jimmie V. Reyna, Miguel Jauregui Rojas, Judith Golub, Stuart Broom

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Tax-Effective Structures For Negotiated Acquisitions In Mexico And The United States, Manuel Rajunov

United States - Mexico Law Journal (1993-2005)

No abstract provided.

The Enforcement Of Foreign Arbitral Awards In The U.S. - A Matter Of Federal Law, John A. Spanogle

United States - Mexico Law Journal (1993-2005)

No abstract provided.

The One-Stop-Shop For Vat And Rst: Common Approaches To Eu-U.S. Consumption Tax Issues, Richard Thompson Ainsworth

Faculty Scholarship

In March 2004 the European Commission solicited comments on a proposal to simplify value added tax (VAT) obligations through a one-stop scheme. The proposal was modest in scope. It was designed to build upon the success of a similar scheme that dealt with non-EU established persons supplying digital products to non-taxable EU persons. That scheme is found in Article 26c of the Sixth VAT Directive.

In its March Consultation Paper the Commission proposed that businesses established within the EU be allowed to participate in a one-stop scheme that would be similar to the Article 26c scheme. Limited to B2C transactions, …

Western Institution Building: The War, Hayek’S Cosmos And The Wto, M. Ulric Killion

ExpressO

Despite the shortcomings of Hayek’s spontaneous order, there is a positive side, perhaps even a positive feedback. Hayek left us with a “what if” question and returns us to that initial opening of Pandora’s Box, or perhaps the initial onset of neo-realism, neo-liberalism, developmentalism, globalism, transnationalism and other concepts, precepts and adjectives justifying institution building by bargaining and military force. In terms of new world order, institution building by necessity requires fundamental changes in governmental structures in non-western cultures and nation-states such as China, Afghanistan and Iraq. Such changes are being prompted by means of political, economic and military powers …

World Trade Organization’S Identity Crisis: Institutional Legitimacy And Growth Potential In The Developing World, Jason Wiener

ExpressO

No abstract provided.