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International Trade Law Commons™

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2006

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Institution
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Articles 61 - 90 of 143

Full-Text Articles in International Trade Law

The Privacy Gambit: Toward A Game Theoretic Approach To International Data Protection, Horace E. Anderson Mar 2006

The Privacy Gambit: Toward A Game Theoretic Approach To International Data Protection, Horace E. Anderson

ExpressO

“Privacy” is one of the fastest growing areas of the law, due in part to the explosion of the Internet over the past decade. When we speak of privacy in the Internet age, we typically mean data protection, the regulation of the use of personal information about individuals by private interests, such as corporations. Unfortunately, much of the discourse on the subject adopts a framework more suitable to traditional privacy, an inviolable “right to be let alone” by the state. Rather than create a sacrosanct right against the government, the modern incarnation of privacy actually creates a quasi-property right, where …

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Backlash To Globalization In The Form Of State Legislation: Constitutional Implications, John R. Weber Mar 2006

Backlash To Globalization In The Form Of State Legislation: Constitutional Implications, John R. Weber

ExpressO

This paper will examine the Constitutional issues raised by the influx of state anti-outsourcing legislation using a recently enacted New Jersey statute. The New Jersey statute is very similar to, and contains many of the same features as, many other bills introduced in legislatures across the nation. Moreover, the political impetus for the introduction and enactment of the legislation reflects the struggle over the outsourcing issue that is occurring in communities nationwide.

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Global Pharmaceutical Patent Law In Developing Countries- Amending Trips To Promote Access For All, Angela J. Anderson Mar 2006

Global Pharmaceutical Patent Law In Developing Countries- Amending Trips To Promote Access For All, Angela J. Anderson

ExpressO

This comment will analyze the need to amend and revise the current global pharmaceutical patent system under TRIPS to take into account the needs of developing countries and overall public health. This comment will emphasize that the current international trade rules, which although administered by the WTO, are dictated by developed country governments and powerful pharmaceutical companies, and therefore, without reform will further diminish the access of poor people in developing countries to vital medicines. Part II of this comment will provide a general overview of the international trade law governing patents on pharmaceuticals focusing specifically on the development of …

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No. 5 - International Trade Under The Rule Of Law: An American Society Of International Law Centennial Regional Meeting, Dencho Georgiev, Stephen Kho, Peter J. Spiro, Amy S. Dwyer, C. Donald Johnson, Raj Bhala, Eduardo Perez Motta, Gabriel M. Wilner, William J. Davey, Kim Van Der Borght, Nikolaos Zaimis, Daniel Bodansky, Charles Owen Verrill Jr., Marsha A. Echols, Donald M. Mcrae, Rebecca H. White Mar 2006

No. 5 - International Trade Under The Rule Of Law: An American Society Of International Law Centennial Regional Meeting, Dencho Georgiev, Stephen Kho, Peter J. Spiro, Amy S. Dwyer, C. Donald Johnson, Raj Bhala, Eduardo Perez Motta, Gabriel M. Wilner, William J. Davey, Kim Van Der Borght, Nikolaos Zaimis, Daniel Bodansky, Charles Owen Verrill Jr., Marsha A. Echols, Donald M. Mcrae, Rebecca H. White

Occasional Papers Series

Organized and sponsored by the Dean Rusk Center and designated an American Society of International Law Centennial Regional Meeting, this conference focused on the Dispute Settlement System (DSS) of the World Trade Organization (WTO) with a view toward discussing the need for a superstructure of international law governing trade and economic cooperation between states.

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Transboundary Environmental Impact Assessment Under The North American Free Trade Agreement, Jameson Tweedie Mar 2006

Transboundary Environmental Impact Assessment Under The North American Free Trade Agreement, Jameson Tweedie

Washington and Lee Law Review

No abstract provided.

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Of The Inequals Of The Uruguay Round, Srividhya Ragavan Mar 2006

Of The Inequals Of The Uruguay Round, Srividhya Ragavan

Faculty Scholarship

Ten years ago, the TRIPs Agreement set a distinct tone in international law by requiring members to prioritize international trade obligations as a means to achieve national goals. Within the next five years, the AIDS crisis highlighted that compromising pressing national responsibilities - like a looming public health crisis - to fulfill international obligations may, in fact, detrimentally affect international trade. Meanwhile, access to medication continues to be an unresolved issue even as we celebrate the tenth anniversary of TRIPs and the end of the transitional period. This Article suggests that the success of TRIPs depends on its ability to …

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Trips And Its Discontents, Peter K. Yu Mar 2006

Trips And Its Discontents, Peter K. Yu

Faculty Scholarship

The TRIPs Agreement was established at the ministerial meeting in Marrakesh in April 1994. Since its establishment, many less developed countries have become dissatisfied with the international intellectual property system. From their perspective, the system fails to take into consideration their needs, interests, and local conditions. The strong protection mandated by the Agreement also threatens their much-needed access to information, knowledge, and essential medicines.

This year marks the tenth anniversary of the TRIPs Agreement. It provides an excellent opportunity to assess the Agreement's achievements and shortfalls, in particular its impact on the international community as well as on other areas …

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Chinese Views On Modern Marco Polos: New Foreign Trade Amendments After Wto Accession, Heng Wang Mar 2006

Chinese Views On Modern Marco Polos: New Foreign Trade Amendments After Wto Accession, Heng Wang

Research Collection Yong Pung How School Of Law

Since China’s accession to the World Trade Organization (WTO) at the end of 2001, it has made substantial, even heroic, efforts to change its laws and regulations. WTO accession has brought not only amendments to formal written laws, but greater transparency in government administration, enhanced opportunities for Chinese entrepreneurs, and more equal treatment between foreign and domestic business organizations. One crucial step forward is the Duiwai Maoyi Fa 2004 [Foreign Trade Act 2004] (“FTA 2004”), which amended the Duiwai Maoyi Fa 1994 [Foreign Trade Act 1994] (“FTA 1994”). With just over one year’s experience operating under this new foreign trade …

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Choice In Government Software Procurement: A Winning Combination, Mclean Sieverding Feb 2006

Choice In Government Software Procurement: A Winning Combination, Mclean Sieverding

ExpressO

Governments are such significant purchasers of IT products and services that their purchasing decisions have a substantial impact on the world’s IT marketplace. This fact calls into question the wisdom of decisions by a few policymakers (on national, state, and local levels) around the world that have sought to require that governmental procurement officials give varying degrees of preference to open source software (OSS) when evaluating competing software solutions, claiming, among other things, that such preferences are justified because OSS is cheaper and more interoperable than proprietary software and needs government handicapping in order to enter the market to compete …

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Comparative Advantage And Labor Protections In Free Trade Agreements: Making Labor Protections In Trade Agreements Practical And Effective, Michael E. Aleo Feb 2006

Comparative Advantage And Labor Protections In Free Trade Agreements: Making Labor Protections In Trade Agreements Practical And Effective, Michael E. Aleo

ExpressO

The tension between competitiveness in international trade and the improvement of living standards has become a central controversy in negotiating trade agreements. Under pressure from the labor rights movement over the course of the last twenty-five years, the United States has regularly advocated for the inclusion of labor standards in trade relationships. Generally, governments in developing countries resist the incorporation of labor protections in trade agreements because of a belief that labor protections diminish a nation’s competitiveness in the international marketplace. Labor rights advocates, particularly in the United States, have fought for the inclusion of labor rights in trade agreements …

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Comparative Corporate Governance: Irish, American, And European Responses To Corporate Scandals, Manish Gupta Feb 2006

Comparative Corporate Governance: Irish, American, And European Responses To Corporate Scandals, Manish Gupta

ExpressO

A comparative review of legislative reactions to corporate scandals such as Enron and WorldCom. This paper examines American, Irish, and European Union legislation meant to deal with regulating corporations.

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Defragmenting World Trade, Sungjoon Cho Feb 2006

Defragmenting World Trade, Sungjoon Cho

All Faculty Scholarship

This article argues that unchecked multiplication of regional trading blocs seriously fragments world trade, and simultaneously debilitates the multilateral trading system. It endeavors to overcome some of shortcomings of existing literature in this field, such as sector-specific approach and concentration on economic analysis. It attempts to offer holistic, normative diagnosis and prescription anchored by the trade, regulatory, and development objective of the global trading system represented by the WTO. From such a telic standpoint, the article highlights teleological failures caused by regionalist fragmentation and proposes both institutional and judicial means to defragment world trade. The article warns that such regionalist …

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Wto’S Identity Crisis (Reviewing Joost Pauwelyn, Conflict Of Norms In Public International Law: How Wto Law Relates To Other Rules Of International Law (2003)), Sungjoon Cho Feb 2006

Wto’S Identity Crisis (Reviewing Joost Pauwelyn, Conflict Of Norms In Public International Law: How Wto Law Relates To Other Rules Of International Law (2003)), Sungjoon Cho

All Faculty Scholarship

Joost Pauwelyn has written an extensive and thought-provoking treatise on the interaction of norms in public international law (PIL), in particular between norms of World Trade Organization (WTO) and non-WTO norms, through a conceptual lens of “conflict.” His main argument is non-WTO norms should be able to “trump” WTO norms under certain circumstances. After framing the concept of norm conflict in PIL (Chapter 1), and defining the nature of WTO law (“reciprocal” obligations) vis-à-vis that of other branches of PIL such as human rights and international environmental law (“integral” obligations) (Chapter 2), the book unfolds its conflict thesis, including hierarchy …

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The Dark Side Of Multilateralism: An Assessment Of The Position Of The Developing World In The International Trading System, Marwa H. El-Saghir Feb 2006

The Dark Side Of Multilateralism: An Assessment Of The Position Of The Developing World In The International Trading System, Marwa H. El-Saghir

Archived Theses and Dissertations

No abstract provided.

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Chicken Flu For The International Soul: Understanding And Applying International Infectious Disease Regulations, Timothy J. Miano Jan 2006

Chicken Flu For The International Soul: Understanding And Applying International Infectious Disease Regulations, Timothy J. Miano

ExpressO

No abstract provided.

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Principles Of Fairness For International Economic Treaties: Constructivism And Contractualism, John Linarelli Jan 2006

Principles Of Fairness For International Economic Treaties: Constructivism And Contractualism, John Linarelli

ExpressO

No legal system deserving of continued support can exist without an adequate theory of justice. This paper is about the elaboration of a theory of justice to underpin international economic law and international economic institutions. A world trade constitution cannot credibly exist without a clear notion of justice upon which to base a consensus. There is yet no consensus on the public reason underpinning the rules and the institutions. Economic efficiency concepts are widely used in the assessment of the welfare effects of world trade institutions and policies. Efficiency, however, is one of several standards that may be used, but …

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Presidential Authority And The War On Terror, Joseph W. Dellapenna Jan 2006

Presidential Authority And The War On Terror, Joseph W. Dellapenna

ILSA Journal of International & Comparative Law

I]t is an established fact that documents justifying and authorizing the abusive treatment ofdetainees during interrogation were approved and distributed

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Listening To The Enemy: The President's Power To Conduct Surveillance Of Enemy Communications During Time Of War, John C. Eastman Jan 2006

Listening To The Enemy: The President's Power To Conduct Surveillance Of Enemy Communications During Time Of War, John C. Eastman

ILSA Journal of International & Comparative Law

Ever since the New York Times published classified information in December 2005' about the efforts by the National Security Agency to intercept enemy communications to or from sources in the United States (as authorized by the President in his capacity as Commander-In-Chief), there has been a great hew and cry about the President's "illegal" conduct.

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The Importance Of Defining "War": Terrorism, Torture, Humanitarian Intervention And Private Military Companies, Joseph Runzo, Ph.D. Jan 2006

The Importance Of Defining "War": Terrorism, Torture, Humanitarian Intervention And Private Military Companies, Joseph Runzo, Ph.D.

ILSA Journal of International & Comparative Law

As the immediate aftermath of 9-11 illustrated, war-and the threat of war-brings people in a society closer together as they look for security

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Current Developments Of Wto Dispute Settlement Body Findings On The U.S. Antidumping Sunset Review Regime, Changho Sohn Jan 2006

Current Developments Of Wto Dispute Settlement Body Findings On The U.S. Antidumping Sunset Review Regime, Changho Sohn

Richmond Journal of Global Law & Business

No abstract provided.

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Inece Workshop On "Confidence Through Compliance In Emissions Trading Markets": Conference Report , Sustainable Development Law & Policy Jan 2006

Inece Workshop On "Confidence Through Compliance In Emissions Trading Markets": Conference Report , Sustainable Development Law & Policy

Sustainable Development Law & Policy

No abstract provided.

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Decentralized Proliferation Of International Judicial Bodies, Sang Wook Daniel Han Jan 2006

Decentralized Proliferation Of International Judicial Bodies, Sang Wook Daniel Han

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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An Analysis Of Potential Conflicts Between The Stockholm Convention And Its Parties' Wto Obligations, D. Dean Batchelder Jan 2006

An Analysis Of Potential Conflicts Between The Stockholm Convention And Its Parties' Wto Obligations, D. Dean Batchelder

Michigan Journal of International Law

This Comment examines the compatibility of the Stockholm Convention on Persistent Organic Pollutants with parties' WTO obligations under the GATT Agreement. The Stockholm Convention represents a broad-based attempt to regulate persistent organic pollutants (POPs), some of the most damaging chemicals to the environment and human health. The commitments that parties to the Stockholm Convention have undertaken to control POPs may implicate international trade commitments. Hopefully the discussion in this Comment may also be relevant to other multilateral environmental agreements (MEAs), especially those involving trade measures.

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What Do We Owe Each Other In The Global Economic Order?: Constructivist And Contractualist Accounts, John Linarelli Jan 2006

What Do We Owe Each Other In The Global Economic Order?: Constructivist And Contractualist Accounts, John Linarelli

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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Wto Obligations As Collective, Chios Carmody Jan 2006

Wto Obligations As Collective, Chios Carmody

Law Publications

One view of obligations under the WTO Agreement is that they are bilateral, that is, they involve legal obligations between two countries. This is premised on the idea that the object of WTO obligations is 'trade'. According to this view, the WTO Agreement can be considered a 'bundle of bilateral relations' and WTO obligations should be analysed pursuant to rules concerning bilateral obligations under the Vienna Convention on the Law of Treaties and the Articles on State Responsibility. This article takes a different position. It posits that WTO obligations are more appropriately regarded as collective because their principal object is …

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International Decisions- Softwood Lumber Dispute, Chios Carmody Jan 2006

International Decisions- Softwood Lumber Dispute, Chios Carmody

Law Publications

No abstract provided.

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Creative Industries In Developing Countries And Intellectual Property Protection, Lauren Loew Jan 2006

Creative Industries In Developing Countries And Intellectual Property Protection, Lauren Loew

Vanderbilt Journal of Entertainment & Technology Law

International intellectual property law (hereafter referred to as IP law) has an increasingly important significance for international trade and relations. From the music industry to the drug industry, intellectual property is a lucrative market, and both individuals and corporations have a lot to lose from the infringement of intellectual property rights. For example, music is a $40 billion worldwide industry. According to the Recording Industry Association of American (RIAA), the music industry loses approximately $4.2 billion each year to worldwide piracy. Although these facts bring to light the economic losses of industries and individuals from IP infringement, the global community …

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Volume 6 Issue 2, Sustainable Development Law & Policy Jan 2006

Volume 6 Issue 2, Sustainable Development Law & Policy

Sustainable Development Law & Policy

No abstract provided.

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Climate Change, The Kyoto Protocol, And The World Trade Organization: Challenges And Conflicts, Daniel Mcnamee Jan 2006

Climate Change, The Kyoto Protocol, And The World Trade Organization: Challenges And Conflicts, Daniel Mcnamee

Sustainable Development Law & Policy

No abstract provided.

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Taiwan's Fair Trade Act: Achieving The Right Balance Symposium On Competition Law And Policy In Developing Countries, Pijan Wu, Caroline Thomas Jan 2006

Taiwan's Fair Trade Act: Achieving The Right Balance Symposium On Competition Law And Policy In Developing Countries, Pijan Wu, Caroline Thomas

Northwestern Journal of International Law & Business

Adopting competition laws is part-and-parcel of a global trend. Indeed, it is striking to see how many countries first implemented competition laws within the last twenty-five years. In 2000, Frederic Jenny commented that "today between 80 and 100 countries have a competition law or are in the process of adopting one whereas ten years ago no more than 50 countries had such a law." This compares to less than ten countries in 1960. Promulgated by a Presidential Order on February 4, 1991 and coming into force one year thereafter, Taiwan's Fair Trade Act ("FTA") must be interpreted in this context. …

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