International Trade Law Commons^™

The Complicated Relationship: A Snapshot Of The U.S.-Mexico Border, James Cooper

Faculty Scholarship

This report will detail some of the major issues concerning the U.S.-Mexico border and the interconnected nature of the problems. It first examines the violence between narcotraficantes, that which has resulted in the crackdown against them by the Mexican Government through mobilization of the military. The resulting violence and kidnappings have brought about minimal confidence in civilian authorities, the administration of justice, and democratic governance. This report discusses the resulting public insecurity that has afflicted Mexico in the last few years. This report explores the economic contours along the U.S. border, and the reactions of the U.S. Government to what …

Transborder Licensing: A New Frontier For Job Creation, Andrea L. Johnson

Faculty Scholarship

This Article explores why entrepreneurs should consider transborder licensing as a way to increase markets and create jobs. While transborder licensing can involve both goods and services, this Article focuses on exporting nondefense, non-security-related services and intellectual capital, and it explores how the U.S. government can facilitate the development of an industry of support professionals to help U.S. companies navigate through the regulatory complexities.

Part II of this Article will discuss exports generally and explain the life cycle of a typical patent. Part III will show how current population and foreign business ownership trends necessitate studying how trade is conducted …

Special 301 And Access To Medicine In The Obama Administration, Sean Flynn

Scholarly Articles in Law Reviews & Journals

I. Introduction

This article examines the history and current use of the Special 301 program to restrict access to generic medicines in developing countries, specifically the 2009 and 2010 reports released under the Obama Administration. The news for access to medicines advocates is not good overall. Both reports continue the previous Administration’s policies of using Special 301 to promote Trade-Related Aspects of Intellectual Property Rights (“TRIPS”) policies (“TRIPS-plus”) endangering access to medicines for millions of people worldwide. These policies violate not only the Obama Administration’s pledges to promote access to affordable medications in developing countries, but also U.S. commitments under …

International Disparities Panel, Sean Flynn

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Enforcement, Economics And Estimates, Peter K. Yu

Faculty Scholarship

This article focuses on intellectual property enforcement, a topic that is of great importance to both developed and less developed countries. It begins by refuting the simple, and often politically motivated, claim that many countries fail to provide effective intellectual property enforcement by virtue of their lack of political will. Drawing on the latest economic literature, this article shows that high enforcement standards come with a hefty price tag and difficult trade-offs.

The article then outlines the challenges in measuring the cross-border economic impact of piracy and counterfeiting. As an illustration, the article discusses the ongoing effort by the US …

Critique Of U.S. House Bill 2454 On Climate Change, Michael J. Waggoner

Publications

The U.S. House of Representatives, in June 2009, approved a bill to create a cap and trade system and a system of regulations and subsidies to address the problems of climate change. The U.S. Senate is now considering remedies for climate change. The approach of House Bill 2454 is ill-advised, and should be rejected by the Senate, because of the problems outlined below. I propose that these problems that would not be presented by a carbon tax, a simpler and more effective remedy for the risk of climate change.

The 1909 Copyright Act In International Context, Daniel J. Gervais

Vanderbilt Law School Faculty Publications

The passage of the 1909 U.S. Copyright Act was embedded in a significant period of evolution for international copyright law. Just a year before, the Berne Convention had been revised for the second time. This Berlin (1908) Act of the Convention in remembered in particular for the introduction of a broad prohibition against formalities concerning the "exercise and enjoyment" of copyright. 1909 was also just one year before a new copyright bill was brought before the Brit-ish Parliament. This Copyright Act, finally adopted in December 1911 and which entered into force in July 1, 1912, greatly influenced laws in many …

Taking Justice Into Your Own Hand: The Tbi Mechanism In China, Henry Gao

Research Collection Yong Pung How School Of Law

To protect the trade interests of their firms in foreign markets, several countries have established various institutional arrangements. For example, the United States has the section 301 procedure, while the EU has the Trade Barrier Regulation (TBR). Learning from their experiences, China also established its own Foreign Trade Barrier Investigation (TBI) mechanism in 2002. This article starts with a discussion on the background for its establishment as well as the substantive and procedural requirements for investigations under TBI. In the next part, the article discusses how TBI has worked in practice by reviewing the Japan – Quantitative Restrictions on Laver …

Private Regulation And Foreign Conduct, Adam I. Muchmore

Faculty Scholarship

Current U.S. policy on safety regulation for imported food is based largely on ex post measures. Several reform proposals seek to strengthen the ex ante component of this regulatory program. These proposals rely on one or more of three basic strategies: direct extraterritorial regulation; delegation of regulatory authority to private entities; and delegation of regulatory authority to foreign government agencies. This paper explores the ability of each strategy to respond to several principal-agent problems relevant to imported-food safety: the regulatory license problem; interest group capture; and the reality of bribery and threats in many food-exporting countries. Through the lens of …

Responses To Tax Treaty Shopping: A Comparative Evaluation, David G. Duff

All Faculty Publications

Over the last 40 years, the world has experienced exponential growth in international trade and investment, as well as the number of bilateral tax treaties which now number roughly 3,000. As the globalization of economic activity has greatly increased opportunities for tax avoidance and evasion, so also has the expansion of the international tax treaty network increased opportunities for taxpayers to take advantage of domestic tax rules and bilateral tax treaties by arranging their affairs in ways that reduce taxes otherwise owing or eliminate them altogether. Regarding many of these arrangements as abusive treaty shopping, the OECD and several member …

The Backlash Against Investment Arbitration: Perceptions And Reality, Michael Waibel, Asha Kaushal, Kwo-Hwa Liz Chung, Claire Balchin

All Faculty Publications

Commentators increasingly question whether a backlash against the foreign investment regime is underway. This book, the outgrowth of a conference organized by the editors at Harvard Law School on April 19, 2008, aims to uncover the drivers behind the backlash against the current international investment regime. A diverse set of contributors reflect on the current state and the future direction of the international investment regime, and offer some tentative solutions for improvement: academics, practitioners, government officials and civil society. Contributors assess whether the current regime of investment arbitration is in crisis. They take a step back to look at the …

Introduction To Global Issues In Antitrust And Competition Law, Daniel A. Crane

Other Publications

This volume is a global reader. It presents materials and cases on the global issues of antitrust and competition policy. It may be used on its own or to supplement domestic antitrust casebooks.

It might seem strange to consider the treatment of global issues as a supplement to antitrust casebooks, for, in one important sense, antitrust is global. Markets commonly cross national boundaries. Mergers are as likely as not to combine firms from different nations and in any event to affect markets in many nations. Acts and conspiracies in New York, Washington, Tokyo, Zurich, Frankfurt, Johannesburg, Beijing, Delhi, or Sao …

Rights & Interests: Trade & Disputes, Howard Guille

Human Rights & Human Welfare

A review of:

Trade Imbalance: The Struggle to Weight Human Rights Concerns in Trade Policy-Making. By Susan Ariel Aaronson & Jamie M. Zimmerman. New York: Cambridge University Press, 2008. 337pp.

and

Public Values & Public Interest: Counterbalancing Economic Individualism. By Barry Bozeman. Washington, DC: Georgetown University Press, 2007. 219pp.

and

The Impact of the WTO: The Environment, Public Health & Sovereignty. By Trish Kelly. Northampton, MA: Edward Elgar, 2007. 220pp.