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Articles 151 - 180 of 210
Full-Text Articles in International Trade Law
For The Opening Act: A Greek Tragedy, Erik M. Dickinson
For The Opening Act: A Greek Tragedy, Erik M. Dickinson
In the Balance
No abstract provided.
Has Justice Finally Arrived For The Drc?, Lindsay L. Raskin
Has Justice Finally Arrived For The Drc?, Lindsay L. Raskin
In the Balance
No abstract provided.
Would A Big Bad Bank Blow The Real Estate Problems Of Spain Down?, Christopher J. Stewart
Would A Big Bad Bank Blow The Real Estate Problems Of Spain Down?, Christopher J. Stewart
In the Balance
No abstract provided.
South Korean Free Trade Agreements: U.S. And E.U, Robert Molnar
South Korean Free Trade Agreements: U.S. And E.U, Robert Molnar
In the Balance
No abstract provided.
Strengthening The Link In Linkage: Defining "Development Needs" In Wto Law, Suyash Paliwal
Strengthening The Link In Linkage: Defining "Development Needs" In Wto Law, Suyash Paliwal
American University International Law Review
No abstract provided.
United States--Certain Measures Affecting Imports Of Poultry From China: The Fascinating Case That Wasn't, Donald H. Regan
United States--Certain Measures Affecting Imports Of Poultry From China: The Fascinating Case That Wasn't, Donald H. Regan
Articles
US–Poultry (China) was the first Panel decision dealing with an origin-specific SPS measure, or with what the United States referred to as an ‘equivalence regime’. More specifically, it was the first instance in which the basis for the challenged measure was the claimed inability of the complainant country to enforce its own food-safety rules. Unfortunately, as the litigation developed, the very interesting novel issues raised by such a measure were not discussed. This essay discusses those novel issues – in particular, what sort of scientific justification or risk assessment should be required for a measure like this, and what SPS …
What Constitutes An "Agreement In Writing" In International Commercial Arbitration? Conflicts Between The New York Convention And The Federal Arbitration Act, S. I. Strong
Faculty Publications
This article investigates whether and to what extent a party must produce an “agreement in writing” when seeking to enforce an international arbitration agreement or award in a U.S. federal court. This issue has recently given rise to both a circuit split and a petition for certiorari to the U.S. Supreme Court, and involves matters of formal validity as well as federal subject matter jurisdiction. The problem arises out of subtle differences in the way an “agreement in writing” is defined in the Federal Arbitration Act (FAA) and the 1958 United Nations Convention on the Recognition and Enforcement of Foreign …
Converging Trends In Investment Treaty Practice, 38 N.C. J. Int’L & Com. Reg. 151 (2012), Karen H. Cross
Converging Trends In Investment Treaty Practice, 38 N.C. J. Int’L & Com. Reg. 151 (2012), Karen H. Cross
UIC Law Open Access Faculty Scholarship
No abstract provided.
A Case Against Acta, Kenneth L. Port
A Case Against Acta, Kenneth L. Port
Faculty Scholarship
The Anti-counterfeiting Trade Agreement (ACTA) is being considered by the Obama Administration as an Executive Order. If signed, this Order will greatly enhance controls placed at the borders of 36 countries to attempt to stop the international flow of so-called counterfeit goods. To remove the social, political and emotional sensitivity, I adopt the value neutral term of “imitative commodity” to describe what some call counterfeits, knockoffs, pirates, etc. This article uses just three manufacturers of luxury status goods to consider whether the ACTA will have positive or negative consequences. It concludes that the data supporting the need for the ACTA …
International Sale Of Goods 2011, Gregory M. Duhl
International Sale Of Goods 2011, Gregory M. Duhl
Faculty Scholarship
In 2011, U.S. courts analyzed the scope, formation, and remedies provisions of the United Nations Convention on Contracts for the International Sale of Goods (“CISG”). Although the number of cases arising under the CISG is relatively small compared with those under the Uniform Commercial Code (U.C.C.), the cases discussed in this survey remind us that U.S. courts are comfortable in applying the CISG. A comprehensive survey setting forth legal developments in the United States during the past nine years involving the CISG follows the Uniform Commercial Code Survey in this issue of The Business Lawyer. That survey illustrates that the …
Extraterritorial Protection Of Trade Secret Rights In China: Do Section 337 Actions At The Itc Really Prevent Trade Secret Theft Abroad?, 11 J. Marshall Rev. Intell. Prop. L. 523 (2012), Steven E. Feldman, Sherry L. Rollo
Extraterritorial Protection Of Trade Secret Rights In China: Do Section 337 Actions At The Itc Really Prevent Trade Secret Theft Abroad?, 11 J. Marshall Rev. Intell. Prop. L. 523 (2012), Steven E. Feldman, Sherry L. Rollo
UIC Review of Intellectual Property Law
With an ever increasing number of United States ("U.S.") companies conducting business abroad or conducting business with foreign entities there is more need than ever for the U.S. companies to consider how they can protect their intellectual property assets. The Federal Circuit‘s recent TianRui Grp.Co. v. Int’l Trade Comm’n and Amsted Indus. decision highlights the potential of section 337 of the U.S. Patent Act as a tool to prevent the exploitation of misappropriated trade secrets embodied in products that are imported into the United States. This article explores the potential impact of the TianRui decision on business practices abroad, particularly …
Note: Tianrui Group Co. V. International Trade Commission: The Dubious Status Of Extraterritoriality And The Domestic Industry Requirement Of Section 337, Viki Economides
Note: Tianrui Group Co. V. International Trade Commission: The Dubious Status Of Extraterritoriality And The Domestic Industry Requirement Of Section 337, Viki Economides
American University Law Review
No abstract provided.
More Than An Assertion: How United States V. Pulungan Nudged The Directorate Of Defense Trade Controls Toward Increased Transparency, Cody Jones
Oklahoma Law Review
No abstract provided.
Penalty Clauses And The Cisg, Jack Graves
Penalty Clauses And The Cisg, Jack Graves
Scholarly Works
Commercial agreements often provide for “fixed sums” payable upon a specified breach. Such agreements are generally enforced in civil law jurisdictions. In contrast, the common law distinguishes between “liquidated damages” and “penalty” clauses, enforcing the former, while invalidating the latter as a penalty. The UN Convention on Contracts for the International Sale of Goods (CISG) does not directly address the payment of “fixed sums” as damages, and the validity of “penalty” clauses has, traditionally, been relegated to otherwise applicable domestic national law under CISG Article 4. This traditional orthodoxy has recently been challenged—suggesting that the fate of a penalty clause …
The Predicament Of China's "Wto-Plus" Obligation To Eliminate Export Duties: A Commentary On The China-Raw Materials Case, Julia Ya Qin
The Predicament Of China's "Wto-Plus" Obligation To Eliminate Export Duties: A Commentary On The China-Raw Materials Case, Julia Ya Qin
Law Faculty Research Publications
No abstract provided.
Reforming Trade Remedies, Wentong Zheng
Reforming Trade Remedies, Wentong Zheng
UF Law Faculty Publications
This article aims to restart the debate on trade remedies by offering new perspectives on the fundamental defects of the current trade remedy regime and by proposing a bold yet feasible roadmap for reforms. This article focuses on antidumping, the linchpin of trade remedies. While antidumping is being justified as a safety valve for protectionist pressures, I argue in this article that antidumping is a faulty safety valve in that it provides arbitrary levels of protection for petitioners, results in undue uncertainties for respondents, and has too low a threshold for activation. I further demonstrate that antidumping exacerbates democracy deficit …
The Criminalization Of The Theft Of Trade Secrets: An Analysis Of The Economic Espionage Act, Nicola Searle
The Criminalization Of The Theft Of Trade Secrets: An Analysis Of The Economic Espionage Act, Nicola Searle
IP Theory
No abstract provided.
The End Of Forgetting And "Administrative Rights" To Our Online Personas, Jamie R. Lund
The End Of Forgetting And "Administrative Rights" To Our Online Personas, Jamie R. Lund
IP Theory
No abstract provided.
Predicament Of China's Wto-Plus Obligation To Eliminate Export Duties: A Commentary On The China-Raw Materials Case, Julia Ya Qin
Predicament Of China's Wto-Plus Obligation To Eliminate Export Duties: A Commentary On The China-Raw Materials Case, Julia Ya Qin
Law Faculty Research Publications
No abstract provided.
The Foreign Corrupt Practices Act: Taking A Bite Out Of Bribery In International Business Transactions, Carl Pacini
The Foreign Corrupt Practices Act: Taking A Bite Out Of Bribery In International Business Transactions, Carl Pacini
Fordham Journal of Corporate & Financial Law
Enforcement of the Foreign Corrupt Practices Act (“FCPA”) has reached an all-time high. FCPA violations can result in many significant costs, both monetary and non-monetary. FCPA compliance has become a top corporate governance issue and has triggered shareholder litigation, tax investigations, and money laundering probes. While many corporate managers, financial officers, board members, internal and external auditors, and forensic accountants are aware of the FCPA’s basic objectives and mandates, many may not do an adequate job of protecting their firms and/or clients from the dangerous consequences that can result from FCPA non-compliance. The purposes of this paper are to: (1) …
Beyond Labor Rights: Which Core Human Rights Must Regional Trade Agreements Protect?, Stephen Joseph Powell, Trisha Low
Beyond Labor Rights: Which Core Human Rights Must Regional Trade Agreements Protect?, Stephen Joseph Powell, Trisha Low
Richmond Journal of Global Law & Business
As World Trade Organization (“WTO”) Members relentlessly pursue new regional trade agreements to achieve even faster economic growth than the extraordinary numbers posted by global trade rules, the smaller number of parties and their greater cultural affinity have led negotiators to address the intersection of trade and human rights to an extent unparalleled in the culturally disparate and near-unmanageable, 150-plus member WTO itself. These new provisions have used trade’s huge power to improve worker rights, secure environmental protections, and make initial inroads toward defending indigenous populations from trade’s adverse effects. Employing the perspectives both of trade negotiators and students of …
Curtailing Ecosystem Exportation: Ecosystem Services As A Basis To Reconsider The Merits Of Export-Driven Agriculture In Economies Highly Dependent On Agricultural Exports, James T. Gathii, Keith H. Hirokawa
Curtailing Ecosystem Exportation: Ecosystem Services As A Basis To Reconsider The Merits Of Export-Driven Agriculture In Economies Highly Dependent On Agricultural Exports, James T. Gathii, Keith H. Hirokawa
Faculty Publications & Other Works
ABSTRACT Functioning ecosystems play a critical role in providing goods and services needed to sustain human life.' Water provision and filtration, biodiversity, nutrient cycling, climate regulation, and carbon sequestration are all examples of services ecosystems provide that no society could survive without.2 Yet ecosystem services have historically been taken for granted, depleted by intention or ignorance, and replaced with inadequate substitutes.' Recent research on ecosystem services has exposed the shockingly high local, regional, and global costs of losing these essential services.'
A Fundamental Flaw With Uncitral's Approach To Cross-Border Secured Transactions: The Failure To Address Creditor Due Diligence Issues, John J. Chung
A Fundamental Flaw With Uncitral's Approach To Cross-Border Secured Transactions: The Failure To Address Creditor Due Diligence Issues, John J. Chung
Law Faculty Scholarship
No abstract provided.
Biopiracy In The Brazilian Amazon: Learning From International And Comparative Law Successes And Shortcomings To Help Promote Biodiversity Conservation In Brazil, Vanessa Danley
Florida A & M University Law Review
No abstract provided.
Cybercrime, Ronald C. Griffin
Cybercrime, Ronald C. Griffin
Journal Publications
This essay recounts campaigns against privacy; the fortifications erected against them; and hi-jinx attributable to hackers, crackers, and miscreants under the Fair Credit Reporting Act.
Plugging The Leak In § 1498: Coercing The United States Into Notifying Patent Owners Of Government Use, Steven Rushing
Plugging The Leak In § 1498: Coercing The United States Into Notifying Patent Owners Of Government Use, Steven Rushing
Vanderbilt Journal of Transnational Law
When the United States uses a patent for public, noncommercial purposes, it is required under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) to provide notification to the patent owner. However, the United States has never implemented legislation to conform with its obligation and is therefore in violation of TRIPS. This Note argues that by permitting obvious and smaller violations--such as lack of notification--to fester, the United States has left the door open for other members of the World Trade Organization (WTO) to weaken the United States' overall trade policy. Members could likely accomplish this goal by first …
Economic Development And The Problem With The Problem-Solving Approach, Justin Deystone
Economic Development And The Problem With The Problem-Solving Approach, Justin Deystone
Publications
Scholars and practitioners alike have recently pointed to the idea of a "new moment" in the field of law and economic development, as well as a hope for a fruitful rethinking of political economy. The idea is that we have passed out of the period of high "neoliberalism," associated at one time with Reagan, Thatcher, and the so-called Washington Consensus and now eclipsed by the ascendance of the Obama Administration. The hope attending the new consensus is that, in the wake of neoliberal law and policy, the field of law and development might be on the verge of a new …
Carving Out Policy Autonomy For Developing Countries In The World Trade Organization: The Experience Of Brazil And Mexico, Alvaro Santos
Carving Out Policy Autonomy For Developing Countries In The World Trade Organization: The Experience Of Brazil And Mexico, Alvaro Santos
Georgetown Law Faculty Publications and Other Works
Although liberal trade and development scholars disagree about the merits of the World Trade Organization (WTO), they both assume that WTO legal obligations restrict states’ regulatory autonomy. This article argues for relaxing this shared assumption by showing that, despite the restrictions imposed by international economic law obligations, states retain considerable flexibility to carve out policy autonomy. The article makes three distinct contributions. First, it analyzes how active WTO members can, through litigation and lawyering, influence rule interpretation to advance their interests. Second, the article redefines the concept of “legal capacity” in the WTO context and introduces the term “developmental legal …
Rebalancing Trips, Molly Land
Rebalancing Trips, Molly Land
Faculty Articles and Papers
Application of the World Trade Organization’s dispute resolution procedures to the Agreement on Trade-Related Aspects of Intellectual Property (TRIPS) has provoked a variety of reactions over time. Initially perceived as a significant loss for developing countries, more recent responses maintain that these fears were unfounded. This Article argues that the availability of adjudication through the WTO has indeed had significant consequences for the policy space of developing countries — just not in the manner initially imagined. One of the most important yet underappreciated consequences of the decision to link trade and intellectual property has been the conflation of trade and …
International Trade Regulation And The Mitigation Of Climate Change: World Trade Forum, Edited By Thomas Cottier, Olga Nartova And Sadeq Z. Bigdeli, Henry S. Gao
Research Collection Yong Pung How School Of Law
Now in its thirteenth year, the World Trade Forum (WTF) has firmly established itself as one of the leading events for the trade law community. Held annually in the quiet town of Bern, Switzerland, the Forum features presentations by leading trade lawyers, economists, diplomats, and political scientists from all around the globe.