International Trade Law Commons^™

Leveling The International Playing Field With The Marketplace Fairness Act, Richard Thompson Ainsworth, Boryana Madzharova

Faculty Scholarship

Quill v. North Dakota unbalanced the American retail market with its preference for out-of-state over in-state sellers. The preference under Quill is that sellers without physical presence in a state cannot be compelled to collect the sales tax. If the buyer does not voluntarily remit the complementary use tax, the purchase is effectively tax-free. As a result, Quill is seen as facilitating tax avoidance and driving business to sellers who have no in-state nexus, notably e-businesses. Revenue losses are estimated in excess of $10 billion per year.

The reach of the Quill decision is international. Preferred sellers can reside just …

A Dual Track Approach To Challenging Chinese Censorship In The Wto: The (Future) Case Of Google And Facebook, Anonymous

Michigan Journal of International Law

As economic and trade policies continue to affect more facets of society, the World Trade Organization’s (WTO) impact on government policy and citizens’ lives has grown. Since its creation on January 1, 1995, the WTO has fostered trade liberalization negotiations and served as a forum where member countries can discuss economic concerns with one another. The WTO is perhaps best known for its dispute settlement mechanism. When countries cannot reach a mutual resolution to a conflict governed by a trade agreement, they can initiate formal legal proceedings against one another by asking for a panel to be appointed. The panel …

Intellectual Property Reform In Colombia: The Colombian Legislature Must Consider Local And International Conventions And Pass Balanced Copyright Legislation That Preserves The Fundamental Rights Of All Colombians, Glushko-Samuelson Intellectaul Property Clinic, Andrés Izquierdo, Fundación Karisma, Bogotá, Colombia

Joint PIJIP/TLS Research Paper Series

No abstract provided.

Reinventing The Development Wheel Of The World Trading System (Reviewing Sonia E. Rolland, Development At The World Trade Organization (2012)), Sungjoon Cho

All Faculty Scholarship

In probing how WTO norms may affect developing countries, Sonia Rolland introduces two paradigms in this book: development as an idiosyncrasy and development as a normative co-constituent to trade. The first paradigm concerns development-related exceptions and carve-outs found within WTO rules and agreements that exemplify a contingent provision of special favors to developing countries. Overall, it represents a limited mandate on development in the WTO. In contrast, the second paradigm embodies a normative operationalization of development agenda within the WTO system. It normatively reconstructs WTO rules and institutions in a way where development is a core mandate of the WTO, …

Property Taxation Of Foreign Goods And Enterprises - A Study In Inconsistency , James Dexter Clark

Pepperdine Law Review

No abstract provided.

Stopping Mtic — With A 3rd Invoicing Directive, Richard Thompson Ainsworth

Faculty Scholarship

A Third Invoicing Directive for the EU VAT seems to be a foregone conclusion. Corrections are needed in the Second Invoicing Directive. The hallmark of the next Directive will be its application of digital invoice technology. The Commission’s proposals will include adoption of tax-technology advances in invoice-control that are currently in use outside the EU. The next Invoicing Directive will require comprehensive e-invoicing, invoices that are digitally signed, and invoices that are fed into a system of relational databases that match transaction data across the Single Market. There will be real-time EU sales/purchases lists, and remote/real-time audit functionality.

This will …

Us-China Trade Imbalance: The Economic, Political, And Legal Implications Of Chinese Currency Manipulation, Joshua Brown

Brigham Young University International Law & Management Review

No abstract provided.

Corporate Power Unbound: Investor-State Arbitration Of Ip Monopolies On Medicines – Eli Lilly And The Tpp, Brook K. Baker

Joint PIJIP/TLS Research Paper Series

Free trade agreements (FTAs) and bilateral investment treaties (BITs) typically contain investment clauses designed to attract direct foreign investment and protect the interests of foreign investors. In addition to defining foreign investment that are entitled to protection, investment clauses typically allow for investor-state dispute resolution, which allows a foreign investor to launch arbitral proceeding directly against the offending government before a private panel of trade lawyers. This paper focuses first on a pro-investor draft investment chapter in an ongoing regional trade negotiation – the Trans-Pacific Partnership Agreement (TPP) - and second on the first investor-state arbitral claim ever by a …

The China Syndrome: The International Trade Commission’S Rising Importance For Enforcing International Trade Secret Violations, Jonathan R. K. Stroud

Celebrating WCL Student Authors

Reprinted with permission of FDLI

United States Food Law Update: Shrouded By Election-Year Politics, State Initiatives And Private Lawsuits Fill In The Gaps Created By Congressional And Agency Ossification, A. Bryan Endres, Lisa R. Schlessinger, Rachel Armstrong

Journal of Food Law & Policy

Observers of food law in the 2012 presidential election year witnessed a dramatic slowing of federal initiatives-perhaps arising from a desire by both Congress and the administration to avoid upsetting critical constituent groups during a year seemingly dominated by campaigns and endless talking points. For example, Congress failed to take action on a unique compromise between what some had considered mortal enemies-the Humane Society of the United States and United Egg Producers-that would implement a federal animal welfare standard for laying hens in return for abandoning ballot measures in various states. Similarly, the FDA waited until the early days of …

Fair Trade An Analysis Of The Effects On Poverty Alleviation And Empowerment For Women In Developing Countries, Maribel Concepcion Lora

Graduate Program in International Studies Theses & Dissertations

This thesis approaches the economic development model of Fair Trade with a critical analysis on determining its success in alleviating poverty and empowering women of the developing world. Because international labor regulations are not consistently enforced in all producer countries, the Fair Trade model has established labor standards that ensure above all, a fair wage and safe working conditions for producers participating in the international market. As a recent strategy of economic development, Fair Trade has made great strides to empower poor producers in impoverished countries; however there has been limited analysis focused on its impact for improving the quality …

Jlia 2:1

Penn State Journal of Law & International Affairs (2012 - Present)

There is an ever widening gap between conflict resolution policy makers and scholars—a tragedy given practitioners’ dire need for new ideas to help resolve deadly conflicts and the growing knowledge researchers have to share. Research tends to swing like a pendulum between analytic and rigorous methods and accessible and relevant approaches. We reject this tradeoff. We believe that research can be simultaneously rigorous and relevant, and analytic and accessible. Given the devastating loss of life associated with armed conflict, the need for translating research results into policy prescriptions is especially strong in peacemaking. The goal of this issue of the …

“The Living Are Getting Rarer”: The Causes And Consequences Of The International Trade In White Rhinoceros Horns Under The Convention On International Trade In Endangered Species, Alisha Falberg

Penn State Journal of Law & International Affairs (2012 - Present)

In 2012, more than 400 South African white rhinoceros were poached and killed for their horns. The horns, used in ancient Asian medicines, are falsely believed to cure diseases. They are currently worth thousands of dollars on the black market because the white rhinoceros is an endangered species and the trade in its horns is strictly regulated under the United Nations Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).The two countries at the center of this crisis are South Africa, where the majority of the world’s white rhinoceros live and are being poached, and Vietnam, …

Consequences Of The Arab Spring: How Shari’Ah Law And The Egyptian Revolution Will Impact Ip Protection And Enforcement, Stephen S. Zimowski

Penn State Journal of Law & International Affairs (2012 - Present)

Egypt’s recent revolution sent shockwaves through the international community, and almost immediately political pundits began to ponder its effect on Middle Eastern stability. To date, post-revolution Egypt has struggled to regain its political stability and implement the democratic government its citizens demand. The eventual nature of the new Egyptian government will have a substantial impact not only on the region’s stability but also on international trade. As such, this comment will examine the likely impact of a new Egyptian regime on intellectual property rights and protections in Egypt. The comment explores the role of Shari’ah Law in lawmaking and Shari’ah …

We Can Work It Out: Putting Our Best Foot Forward In International Higher Education Initiatives, Julie Rowland

Penn State Journal of Law & International Affairs (2012 - Present)

A global economy requires globally competitive workers and global citizens.This need has generated supranational higher education initiatives through organizations such as the European Union and the Asia-Pacific Economic Cooperation. These initiatives promote student mobility across borders by harmonizing higher education systems between member nations. To demonstrate how the U.S. can become more involved in international higher education initiatives, this comment will first give an overview of the history of these initiatives globally. The comment explores the legal and soft governance mechanisms involved in international initiatives and the feasibility of their application to the U.S. A description of the structures of …

2012-13 Jlia Masthead, Jlia Masthead

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Mediation – Its Potential And Its Limits: Developing An Effective Discourse On The Research And Practice Of Peacemaking, Dennis C. Jett

Penn State Journal of Law & International Affairs (2012 - Present)

This article looks at the various contributions to this issue of the Penn State Journal of Law & International Affairs. The contributors have analyzed the potential and limits of mediation, but have focused on a number of different aspects of that process. The analytic research relevant to conflict situations will be most useful, however, if the recommendations offered for how to bring conflicts to an end can actually be of use to practitioners in the field. The approach of this article is therefore to consider how policymakers might employ these recommendations as they pursue the goal of peace. It …

Ethnic Conflict: An Organizational Perspective, Victor Asal, Jonathan Wilkenfeld

Penn State Journal of Law & International Affairs (2012 - Present)

To talk about the behavior of others is to generalize especially if that behavior is perceived to be negative. As researchers who have studied ethnic discrimination and ethnic conflict for close to two decades, we have noticed, anecdotally at least, that this penchant for generalization is rampant in discussions of ethnic politics. Journalists and academics tend to talk about one or another ethnic group’s involvement in violence without specifying a political organizational agent. This kind of generalization is a serious obstacle to understanding conflicts and identifying solutions because it prevents policymakers and academics from getting at the messy reality of …

When States Mediate, Molly M. Melin

Penn State Journal of Law & International Affairs (2012 - Present)

Militarized conflict is one of the most devastating of all human activities. The international community’s response to conflict occurrence can significantly affect the number of casualties, the extent of resulting devastation and even the outcome of the conflict. State responses range from conflict management, whereby third parties actively engage in resolving the conflict; joining, whereby states become an additional disputant; or remaining uninvolved. One of the most common active third-party responses is to act as a mediator, a role using consensual, nonbinding and nonviolent means of conflict management and resolution. This paper explores the policy of state-led mediation, its strengths …

The Politics Of International Arbitration And Adjudication, Stephen E. Gent

Penn State Journal of Law & International Affairs (2012 - Present)

Arbitration and adjudication have proven to be effective means of producing long-lasting settlements on contentious issues, but states are generally reluctant to use such legal forms of dispute resolution, especially in resolving issues of national security. To understand when policymakers can and should promote the use of legal mechanisms, they need to understand the political reasons behind the reluctance of states to use these forums. This essay identifies five factors that significantly influence the willingness of states to relinquish decision control and pursue arbitration or adjudication: third-party bias, salience, uncertainty, bargaining power, and armed conflict. To promote the use of …

Using The Right Tool For The Job: Mediator Leverage And Conflict Resolution, Kyle Beardsley

Penn State Journal of Law & International Affairs (2012 - Present)

In international dispute mediation, a one-size-fits-all view of mediation may actually inhibit effective conflict resolution. Mediators must especially tailor the level of leverage to the needs of the situation. This essay first considers existing studies that have found both potential benefits and risks of heavy-handed third-party involvement as a conflict-management strategy. It then considers a few illustrative cases to demonstrate the importance of making sure that the tools of mediation fit the context. Finally, it concludes with a discussion of how sustained post-conflict peacekeeping and peacebuilding can reduce the risks of leverage in mediation.

Intractable Syria? Insights From The Scholarly Literature On The Failure Of Mediation, J. Michael Greig

Penn State Journal of Law & International Affairs (2012 - Present)

The conflict in Syria has been ongoing since March 2011, but to date has resisted third-party diplomatic efforts. This failure of mediation is despite the fact that numerous actors in the international system have interests both in Syria and the Middle East at large. The human toll of the conflict, which has produced large numbers of civilian casualties and considerable human suffering, creates even deeper urgency for effective conflict management in Syria. In this paper, I apply insights drawn from the scholarly literature on conflict management and civil wars to the Syrian conflict to explain why mediation efforts have thus …

Who Should Be At The Table?: Veto Players And Peace Processes In Civil War, David E. Cunningham

Penn State Journal of Law & International Affairs (2012 - Present)

Civil wars contain a set of actors that have the ability to block settlement and continue the war on their own. When they contain more “veto players,” conflicts are much longer and negotiations are more likely to break down. The rate of success of international efforts to resolve multi-party civil wars is much lower than when there is only one rebel group fighting the government. This article discusses implications for peacemakers designing responses to conflicts with multiple veto players. Negotiations in these conflicts are most likely to lead to a peace agreement that successfully ends the war if they include …

Deceptive Results: Why Mediation Appears To Fail But Actually Succeeds, Scott Sigmund Gartner

Penn State Journal of Law & International Affairs (2012 - Present)

International disputes receiving third-party mediation are less likely to result in peace treaties than those negotiated bilaterally between the disputants. When belligerents do settle, mediated agreements are more likely to fail. Is mediation detrimental to conflict resolution? No. Third-party mediation represents a highly effective, but costly, means of peacemaking. Disputants recognize its costs and only employ mediation when they are unable to resolve a conflict between themselves, creating a “selection effect.” As a result, mediators are selected for the toughest cases – those least likely to end peacefully and mostly likely to result in fragile agreements. When the difficulty of …

Research On Bias In Mediation: Policy Implications, Isak Svensson

Penn State Journal of Law & International Affairs (2012 - Present)

One of the most important and disputed questions within the field of international mediation concerns the issue of bias. The question of bias cuts to the core of what mediation is and the ways in which mediators can help the parties reach peace. Focusing on research on the role of neutrality and bias in international peace diplomacy in civil wars, this article draws out the policy implications of my own empirically-based work on the role of bias in the mediation of internal armed conflicts. This article suggests that neutrality should not be part of the definition of mediators, …

The Lack Of Coordination In Diplomatic Peacemaking, Birger Heldt

Penn State Journal of Law & International Affairs (2012 - Present)

The increased number of peacemaking actors during the past twenty years is accompanied by an increased amount of peacemaking, but also a low success rate. This article focuses on recent emerging conflicts. It finds that peacemaking is prevalent, but is often not coordinated with regard to choice of tools (mediation, arbitration, etc.), or the agenda or the issues of the talks. This lack of coordination has for many years been recognized as detrimental and may partly explain the low success rate. The article suggests that policymakers need to have a long-term strategy to address the coordination problem, part of which …

Translating Scholarship Into Policy, Scott Sigmund Gartner, Amy C. Gaudion

Penn State Journal of Law & International Affairs (2012 - Present)

There is an ever widening gap between conflict resolution policy makers and scholars—a tragedy given practitioners’ dire need for new ideas to help resolve deadly conflicts and the growing knowledge researchers have to share. Research tends to swing like a pendulum between analytic and rigorous methods and accessible and relevant approaches. We reject this tradeoff. We believe that research can be simultaneously rigorous and relevant, and analytic and accessible. Given the devastating loss of life associated with armed conflict, the need for translating research results into policy prescriptions is especially strong in peacemaking. The goal of this issue of the …

Upstream Oil And Gas Legal Frameworks: Brazil And The United States Compared, Gabriela Engler Pinto

West Virginia Law Review

No abstract provided.

Why International Catch Shares Won't Save Ocean Biodiversity, Holly Doremus

Michigan Journal of Environmental & Administrative Law

Skepticism about the efficacy and efficiency of regulatory approaches has produced a wave of enthusiasm for market-based strategies for dealing with environmental conflicts. In the fisheries context, the most prominent of these strategies is the use of “catch shares,” which assign specific proportions of the total allowable catch to individuals who are then free to trade them with others. Catch shares are now in wide use domestically within many nations, and there are increasing calls for implementation of internationally tradable catch shares. Based on a review of theory, empirical evidence, and two contexts in which catch shares have been proposed, …

A Decade Of Registered And Unregistered Design Rights Decisions In The Uk: What Conclusions Can We Draw For The Future Of Both Types Of Rights?, Estelle Derclaye

IP Theory

No abstract provided.