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Articles 61 - 90 of 115
Full-Text Articles in International Trade Law
Choice Of Law, Maintenance And Income: Imputation, Optimization And Impact-Whose Vision, Whose Reality?, David S. Rosettenstein
Choice Of Law, Maintenance And Income: Imputation, Optimization And Impact-Whose Vision, Whose Reality?, David S. Rosettenstein
ILSA Journal of International & Comparative Law
America has struggled through over a half a century of frustration trying to create a viable framework for the establishment, modification, and enforcement of child support obligations.
Wto Winners And Losers: The Trade And Development Disconnect, Meredith Kolsky Lewis
Wto Winners And Losers: The Trade And Development Disconnect, Meredith Kolsky Lewis
Journal Articles
The World Trade Organization ('WTO' or the 'Organization') is premised upon increasing prosperity by opening markets to greater trade flows. Although the goals of the Organization include enhancing development and reducing poverty, thus far the WTO has had difficulty bridging the gap between its trade expansion focus – exemplified by members’ substantive commitments to provide greater access to their markets – and its desire to promote development – largely framed in aspirational, nonbinding terms. This article explains why current measures to assist developing countries ('DCs') are not a complete solution to the trade and development disconnect. It further proposes using …
Selling Medellin: The Entourage Of Litigation Surrounding The Vienna Convention On Consular Relations And The Weight Of International Court Of Justice Opinions In The Domestic Sphere , Robert Greffenius
American University International Law Review
No abstract provided.
Total Recall On Chinese Imports: Pursuing An End To Unsafe Health And Safety Standards Through Article Xx Of Gatt, Elvira Cortez
Total Recall On Chinese Imports: Pursuing An End To Unsafe Health And Safety Standards Through Article Xx Of Gatt, Elvira Cortez
American University International Law Review
No abstract provided.
Gambling And The Law®: The International Law Of Remote Wagering, 40 J. Marshall L. Rev. 1159 (2007), I. Nelson Rose
Gambling And The Law®: The International Law Of Remote Wagering, 40 J. Marshall L. Rev. 1159 (2007), I. Nelson Rose
UIC Law Review
No abstract provided.
Beyond Enron: Regulation In Energy Derivatives Trading, Alexia Brunet, Meredith Shafe
Beyond Enron: Regulation In Energy Derivatives Trading, Alexia Brunet, Meredith Shafe
Northwestern Journal of International Law & Business
The bankruptcy of the Enron Corporation in December 2002 is the biggest corporate bankruptcy in U.S. history. The Houston-based company, formed in 1985, became the nation's seventh-largest company in revenue by buying electricity from generators and selling it to consumers. Because Enron made the market in energy trading, its collapse fundamentally altered the U.S. energy trading industry. Equally important, the disclosure of Enron's role in California's power market crisis shattered confidence in deregulated wholesale-electricity and natural gas markets, creating obstacles for new players seeking to restore confidence in energy trading markets. New market entrants offer their clients a more complete …
On The Road To Perdition? The Future Of The European Car Industry And Its Implications For Ec Competition Policy, Sandra Marco Colino
On The Road To Perdition? The Future Of The European Car Industry And Its Implications For Ec Competition Policy, Sandra Marco Colino
Northwestern Journal of International Law & Business
Recent reports from the European Commission on European Union price differentials for new motor vehicles reflect a steady narrowing of the differences in prices for motor vehicles across the 27 Member States. Although the inclusion within the European Community in 2004 of ten new countries with relatively homogeneous pricing has evidently colored these findings, price differentials among the EU-15 appear to be decreasing. Price convergence has been welcomed by consumer associations and European institutions, which for many years fought arduously to force car manufacturers to reduce these differentials. The justification for their concerns was based on a logical argument. In …
Burden Of Proof And The Prima Facie Case: The Evolving History And Its Applications In The Wto Jurisprudence, Ho Cheol Kim
Burden Of Proof And The Prima Facie Case: The Evolving History And Its Applications In The Wto Jurisprudence, Ho Cheol Kim
Richmond Journal of Global Law & Business
No abstract provided.
Contractual Expansion Of The Scope Of Patent Infringement Through Field-Of-Use Licensing, Mark R. Patterson
Contractual Expansion Of The Scope Of Patent Infringement Through Field-Of-Use Licensing, Mark R. Patterson
Faculty Scholarship
Patentees sometimes license their inventions through field-of-use licenses, which permit licensees to use the inventions, but only in specified ways. Field-of-use licensing is often procompetitive, because the ability to provide different licensing terms for different users can encourage broader licensing of inventions. But in recent United States cases, the Federal Circuit Court of Appeals and lower courts have upheld field-of-use licenses prohibiting activities that licensees would otherwise have been permitted by patent law, such as the repair and resale of patented products. The recent cases rely on the Federal Circuit's decision in Mallinckrodt, Inc. v. Medipart, Inc., where the court …
From North-South Divide To Private-Public Debate: Revival Of The Calvo Doctrine And The Changing Landscape In International Investment Law, Wenhua Shan
Northwestern Journal of International Law & Business
After dominating Latin American states for over a century, the Calvo Doctrine has been widely described as "dead," particularly in the wake of the global tide of economic liberalization that began in the 1990s. However, some recent moves within and beyond Latin America suggest that this principle is not dead, but on the resurgence. The "Revival of Calvo" phenomenon signals a change of direction in international investment law: neo-liberalism no longer dominates international investment law-making, and a more balanced, and perhaps also a more conservative and nationalistic approach, is gaining ground. This Article explores these recent events and analyzes to …
A Finger In The Dike? An Examination Of The Efficacy Of State And Federal Attempts To Use Law To Stem Outsourcing, Beverley Earle, Geralk A. Madek, Christina Madek
A Finger In The Dike? An Examination Of The Efficacy Of State And Federal Attempts To Use Law To Stem Outsourcing, Beverley Earle, Geralk A. Madek, Christina Madek
Northwestern Journal of International Law & Business
Many people, not just in the United States, are concerned about the implications of this growth in outsourcing for the future of business. State governments in particular are trying to stop outsourcing and are using the law as a means to do so. However, are these attempts, which are variants of the old "buy American" programs, doomed to be ineffective and ultimately protectionist, without really protecting American business? This paper will examine the developments of offshoring, outsourcing, and insourcing in Part II. Part III examines both state and federal legal efforts to restrict this growth. Part IV examines the WTO …
The Doha Round’S Public Health Legacy: Strategies For The Production And Diffusion Of Patented Medicines Under The Amended Trips Provisions, Jerome H. Reichman, Frederick M. Abbott
The Doha Round’S Public Health Legacy: Strategies For The Production And Diffusion Of Patented Medicines Under The Amended Trips Provisions, Jerome H. Reichman, Frederick M. Abbott
Faculty Scholarship
This entry into force of the World Trade Organization (WTO) TRIPS Agreement in 1995 transformed the international intellectual property system. The harmonization of basic intellectual property standards has operated to protect investment in innovation, limiting risks from unjustified 'free riding.' Yet these same harmonized IP standards sharply curtailed the traditional capacity of suppliers of public goods, such as health care and nutrition, to address the priority needs of less affluent members of society, particularly in (but not limited to) developing countries. In the Doha Declaration, the Waiver Decision of 30 August 2003 and the Article 31bis Protocol of Amendment, stakeholders …
Intellectual Property: Does Ip Harm Or Help Developing Countries?, Jerome H. Reichman
Intellectual Property: Does Ip Harm Or Help Developing Countries?, Jerome H. Reichman
Faculty Scholarship
No abstract provided.
Parol Evidence Under The Cisg: The "Homeward Trend" Reconsidered, 68 Ohio St. L.J. 133 (2007), Karen H. Cross
Parol Evidence Under The Cisg: The "Homeward Trend" Reconsidered, 68 Ohio St. L.J. 133 (2007), Karen H. Cross
UIC Law Open Access Faculty Scholarship
The CISG has been described as one of history 's most successful attempts to harmonize international commercial law. Consistent with its goal of harmonizing the law of international sales, Article 7(1) of the CISG instructs courts and arbitrators to interpret the Convention in light of "its international character and the need to promote uniformity in its application. " MCC-Marble v. Ceramica Nuova D'Agostina is a U.S. decision that has been praised for its adherence to Article 7(1). In contrast with conventional academic commentary, which praises MCC-Marble and criticizes the tendency of courts to interpret the CISG in light of their …
Dissonant Harmonization: Limitations On "Cash N' Carry" Creativity, 70 Alb. L. Rev. 1163 (2007), Doris E. Long
Dissonant Harmonization: Limitations On "Cash N' Carry" Creativity, 70 Alb. L. Rev. 1163 (2007), Doris E. Long
UIC Law Open Access Faculty Scholarship
Even though creativity lies at the heart of present copyright laws, the impulse to create-or more precisely what triggers such creativity-remains largely unexamined. Coinciding with the digital demand for access to information, new standards for "cash 'n' carry" creativity are being urged with little regard to what level of authorial3 control may be required to ensure continued enrichment of the public domain through the creation of vibrant new works. Scientific, psychological, and sociological studies indicate that "cash 'n' carry" creativity fails to implement the critical triggering mechanisms for the creative impulse. Moreover, such "cash 'n' carry" attitudes toward authors' rights …
Corporate Restrictions In Mexico And The United States, Dennis Rios
Corporate Restrictions In Mexico And The United States, Dennis Rios
LLM Theses and Essays
Mexico and the United States have had throughout their history very different experiences in their international relations and thus different approaches towards foreign investment. Both Mexican and American corporations looking to invest in each others countries have to face several restrictions in their attempt to conduct business. These restrictions are constantly changing as the needs and circumstances in each country change. The United States throughout most of its history has had for the most part, a very open policy towards foreign investment. Mexico has been throughout most of its history, on the other side, adopting very restrictive measures towards foreign …
Does International Arbitration Need A Mandatory Rules Method?, Alexander K.A. Greenawalt
Does International Arbitration Need A Mandatory Rules Method?, Alexander K.A. Greenawalt
Elisabeth Haub School of Law Faculty Publications
The role of mandatory rules in international arbitration remains a persistent source of debate. The basic problem is a straightforward one: contractual arbitration arises as a matter of the parties’ consent, but the resolution of contractual disputes can implicate mandatory rules of law that are not waivable and are typically designed to protect broader public rights. The literature has often presented the issue in terms of conflict between the authority of the state and the party-derived authority of the arbitrator. Asserting an independent public duty to protect national mandatory laws as well as the enforceability of arbitral awards, some writers …
Title Iii Of The Bioterrorism Act: Sacrificing U.S. Trade Relations In The Name Of Food Security, Claire S. Boisen
Title Iii Of The Bioterrorism Act: Sacrificing U.S. Trade Relations In The Name Of Food Security, Claire S. Boisen
American University Law Review
Part I examines in detail the two conflicting laws that are the basis of this Comment—Title III of the Bioterrorism Act and the SPS Agreement—focusing on those portions of Title III that adversely impact international trade. Part I also presents the WTO case EC Measures Concerning Meat and Meat Products (Hormones), the first food regulation case disputed in the WTO system for a violation of the SPS Agreement. This case clarified the two major principles of the SPS Agreement that are explored in this Comment: the prohibition on discrimination and the obligation to support trade–restrictive measures with an analytical risk …
International Trade Decisions Of The Federal Circuit: 2006 Cases And Highlights Of 2003-2005, Alexandra E.P. Baj
International Trade Decisions Of The Federal Circuit: 2006 Cases And Highlights Of 2003-2005, Alexandra E.P. Baj
American University Law Review
Over the past four years, the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) has, as it has done since its establishment in 1982, exercised its jurisdiction under 28 U.S.C. § 1295(a)(5) to review decisions of the United States Court of International Trade (“CIT”) regarding U.S. regulation of international trade. While trade cases currently make up only about six percent of the docket of the Federal Circuit, decisions in these cases can have a significant discernable impact on the day-to-day investigation and regulation of trade matters of the three U.S. agencies featured most prominently in the trade …
Foreign Direct Investment, Investment Treaty Arbitration, And The Rule Of Law, Susan Franck
Foreign Direct Investment, Investment Treaty Arbitration, And The Rule Of Law, Susan Franck
Scholarly Articles in Law Reviews & Journals
In the last decade, there has been a surge in the number of multi-lateral and bilateral investment treaties governments have signed; meanwhile there have been dramatic increases in the amount of foreign direct investment (FDI); and, more recently, the number of claims brought under investment treaties has spiked. This Article examines the relationship amongst these factors and is the first to review the emerging empirical economic literature investigating whether investment treaties achieve their goal of promoting FDI. The Article then specifically evaluates the impact that the procedural right to arbitrate investment claims plays in the process of promoting FDI and …
Subcentral Governmental Investment Incentives: Assessing Their Lawfulness Under The Gatt And The Scm Agreement, Rex Zedalis
Subcentral Governmental Investment Incentives: Assessing Their Lawfulness Under The Gatt And The Scm Agreement, Rex Zedalis
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
Environmental Standards In U.S. Free Trade Agreements: Lessons From Chapter 11, Hena Schommer
Environmental Standards In U.S. Free Trade Agreements: Lessons From Chapter 11, Hena Schommer
Sustainable Development Law & Policy
No abstract provided.
Gender Dimensions Of Biotechnology Policy And Trade, Constance Z. Wagner
Gender Dimensions Of Biotechnology Policy And Trade, Constance Z. Wagner
All Faculty Scholarship
Gender issues in biotechnology policy and trade are rapidly emerging as some of the most interesting and challenging within these fields. Gender issues have been identified in three important areas impacted by biotechnology, namely agriculture, traditional knowledge, and health. The policy discussion on these matters is still in its early stages and more research will be needed in order to formulate approaches that adequately incorporate a gender perspective. Gendered aspects of biotechnology also raise concerns in international trade law, which have not yet been addressed in the current legal framework at any level, including the World Trade Organization (“WTO”) regime. …
Richard Lillich Memorial Lecture: Nurturing A Transnational System Of Innovaton, Jerome H. Reichman
Richard Lillich Memorial Lecture: Nurturing A Transnational System Of Innovaton, Jerome H. Reichman
Faculty Scholarship
No abstract provided.
Empiricism And International Law: Insights For Investment Treaty Dispute Resolution, Susan Franck
Empiricism And International Law: Insights For Investment Treaty Dispute Resolution, Susan Franck
Scholarly Articles in Law Reviews & Journals
While scholars in the United States increasingly focus on the empirical dimension of legal scholarship, there have been challenges in using empiricism to explore international legal issues. Rather than relying on logic or instinct alone, empirical methodologies can provide scholars with tools to gain new facts, see existing ideas through a different lens, and engage in a more nuanced analysis of international law phenomena. There appears to be a natural synergy between empiricism and international investment treaty dispute resolution. With calls for trade time outs by U.S. presidential candidates, there is interest in how investment treaties function, whether they achieve …
The Gats And Legal Services In Limerick, Laurel S. Terry
The Gats And Legal Services In Limerick, Laurel S. Terry
Faculty Scholarly Works
One of the most significant regulatory developments for legal services is their inclusion in the 1994 General Agreement on Trade in Services or GATS. The GATS was the first world trade agreement to cover services rather than goods and it applies to legal services. The GATS in Limerick is a light-hearted but nonetheless serious effort to address the most important legal services-related GATS developments in the last twelve years. These verses cover the basic principles of the GATS, the ongoing market access negotiations and the efforts to develop disciplines on domestic regulation.
Price Discrimination In The Textbook Market: An Analysis Of The Post-Quality King Proposals To Prevent And Disincentivize Reimportation And Arbitrage, Christine Ongchin
Price Discrimination In The Textbook Market: An Analysis Of The Post-Quality King Proposals To Prevent And Disincentivize Reimportation And Arbitrage, Christine Ongchin
Cardozo Journal of International and Comparative Law
The note examines how the rise of the internet and legal developments, particularly the Supreme Court's decision in Quality King Distributors v. Lanza, have disrupted traditional price discrimination practices in the textbook industry. Historically, publishers engaged in third-degree price discrimination, charging higher prices in the U.S. market due to geographic isolation and limited arbitrage opportunities. However, the internet has facilitated reimportation and arbitrage, undermining this practice. The first sale doctrine under 17 U.S.C. § 109(a) further complicates efforts to prevent resale of cheaper, internationally purchased textbooks in the U.S. market. Publishers must now consider alternative strategies, such as contractual …
Tearing Down The Great Wall: The New Generation Investment Treaties Of The People's Republic Of China, Stephan W. Schill
Tearing Down The Great Wall: The New Generation Investment Treaties Of The People's Republic Of China, Stephan W. Schill
Cardozo Journal of International and Comparative Law
The People's Republic of China (PRC or China) has emerged as the world's premier destination of foreign investment in the developing world and is continuously strengthening its position as a source of outward foreign investment, notably in Asia and Africa. In this context, the PRC has concluded over 110 bilateral investment treaties (BITs) that grant protection against expropriation and establish other standards of treatment for foreign investors in China and Chinese investors abroad. While the PRC was originally hesitant regarding international investment protection, the country started, beginning in the late 1990s, entering into new generation BITs that break with her …
Selective Prosecution In Russia - Myth Or Reality?, Yelina Kvurt
Selective Prosecution In Russia - Myth Or Reality?, Yelina Kvurt
Cardozo Journal of International and Comparative Law
The note examines the issue of selective prosecution, focusing on the case of Mikhail Khodorkovsky, and argues that the Russian legal system lacks an explicit defense against such practices, which violate constitutional guarantees of equality before the law. It advocates for the adoption of a legal standard to address selective prosecution, drawing parallels with the U.S. legal framework while acknowledging the need to adapt it to Russia's unique judicial context.
The Role Of International Agreements In Achieving Food Security, Jack A. Bobo
The Role Of International Agreements In Achieving Food Security, Jack A. Bobo
Vanderbilt Journal of Transnational Law
This Article discusses how international agreements impact the ability of science and technology to enhance food security. International agreements, domestic laws, and regulations have the power to promote scientific research and the adoption of new technology through effective, efficient, and predictable science-based regulatory systems, or to impede development and adoption of new technology by miring it in burdensome or unnecessary regulations. This Article examines the disparate impacts of international agreements on food security through a case study of agricultural biotechnology. In particular, the Article looks at the principles and guidelines for risk assessment developed by the Codex Alimentarius Commission and …