International Trade Law Commons^™

New Uncitral Arbitration Rules On Transparency: Application, Content And Next Steps, Lise Johnson, Nathalie Bernasconi-Osterwalder

Columbia Center on Sustainable Investment Staff Publications

In July 2013, the United Nations Commission on International Trade Law (UNCITRAL) adopted a package of rules aiming to ensure transparency in investor-State arbitration (the “Rules on Transparency”), ratifying the work done by delegations to UNCITRAL – comprised of 55 Member States, additional observer States and observer organizations – over the course of nearly three years of negotiations.

Under previous versions of the UNCITRAL Arbitration Rules, disputes between investors and States were often not made public, even where important public policies were involved or illegal or corrupt business practices were uncovered. In contrast, the new rules, which will officially come …

International Standards In Flux: A Balkanized Ict Standard-Setting Paradigm And Its Implications For The Wto, Han-Wei Liu

Research Collection Yong Pung How School Of Law

Voluminous studies have documented the rise of international standards and their ramifications for the World Trade Organization (WTO), though most of these studies have focused on environment, food safety, public health, and financial regulations issues. An equally important, yet less explored, area is the information and communications technology (ICT) industry. This article seeks to contribute to the literature by examining the concept of an international standard in the ICT industry and its implications for the WTO.Drawing upon empirical data, this article makes four claims. First, today, the WTO policymakers are facing a ‘balkanized’ standard-setting paradigm in the ICT sector. Global …

Linking Trade And Security: Evolving Institutions And Strategies In Asia, Europe, And The United States By Vinod K. Aggarwal And Kristi Govella, Henry S. Gao

Research Collection Yong Pung How School Of Law

Trade and security, while seemingly unrelated, have had a long and complicated relationship. On the one hand, trade has often been used as a means to enhance the security of the state. For example, the famous Silk Road was created and maintained by the Han Dynasty to seek allies to help defend itself against the Huns. On the other hand, security has been deemed as an important safeguard to trade, as is shown by the prevalence of the ‘Gunboat Diplomacy’ in the nineteenth century

Asean Single Aviation Market And Indonesia - Will It Survive Against The Giants?, Ruwantissa Indranath Abeyratne

Indonesia Law Review

To say that Indonesia is an enigma in air transport is an understatement. On the one hand, the demand for air transport in Indonesia is higher in proportion to its GDP per capita. Its economy can be expected to grow 6% to 10% annually. A single aviation market could add another 6% to 10% growth in sheer demand. It is one of the wealthiest countries in the world, being the 16th richest country currently, and, according to an Airbus forecast, will be the 7th richest in 2030. Yet its airports are badly in need of expansion, its infrastructure is bursting …

The Controversy Of Trade In Tobacco And Protection Ofpublic Health, A Study Of Tobacco Control Measures Andimpacts On Trademark Practice: The Stricter, The Better?, Nattapong Suwan-In

Indonesian Journal of International Law

This paper investigates the anticipated trademark problems may result from tobacco control regulations, particularly the warning label requirements implemented in WTO members and the stricter regulation of plain packaging promulgated in Australia (“tobacco measures”). Following the adoption of the Framework Convention on Tobacco Control (“FCTC”) in May 2003 (enforce by February 2005), member countries tend to seek for possibilities to implement and use stricter approach to achieve their public health policy. As the core concept and main goal of WTO is trade liberalization, regardless of types of goods traded among members, whereas the stricter restriction on trademark use means the …

Trade, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Provides a historical overview of analysis of U.S. foreign trade policy during the early decades of the country's history. Examines bilateral U.S. trade relations with France and Great Britain, provides import and export statistics, details on commodities and products imports and exported, trade statistics, and information on the political and economic factors shaping U.S. trade during this period.

Brief For Amicus Curiae Law Professors And Scholars In Support Of Apellee, In Authors Guild V. Google, Inc., Michael W. Carroll, Brandon Butler, Meredith Jacob

Joint PIJIP/TLS Research Paper Series

No abstract provided.

An Overview Of The International Treatment Of Exceptions, Eric Schwartz

Joint PIJIP/TLS Research Paper Series

This article is intended as a very brief overview and history of the international treatment of “fair use” or its equivalent — that is, a general summary of the treaty obligations and national law exceptions (in statute or by common law) to the exclusive rights of authors and owners of copyrights.

Legitimacy And Impartiality In A Sovereign Debt Workout Mechanism, Odette Lienau

Cornell Law Faculty Publications

Particularly in light of recent developments in sovereign debt litigation, there is a pressing need for discussion of more robust sovereign debt restructuring mechanisms. This paper contends that any sovereign debt workout mechanism (DWM) should embody the principles of legitimacy and impartiality, to the extent possible, in order to garner the stable and long-term adherence of international stakeholders. These two elements are important both for attracting support ex ante, i.e. in the initial development of any treaty, ad hoc, or soft law restructuring mechanism, and for ensuring ex post that a DWM is ultimately utilized by states and their creditors. …

Multipolarity, Intellectual Property, And The Internationalization Of Public Health Law, Sam F. Halabi

Michigan Journal of International Law

The cause of global health today is arguably the most influential human rights movement ever seen, mobilizing vast flows of direct and indirect aid to the developing world to fight disease and build health care infrastructure; prompting the establishment of international organizations like UNAIDS and the Global Fund to fight AIDS, Tuberculosis and Malaria (Global Fund); including global health as a priority in major diplomatic summits; and driving the formation and implementation of international agreements to address global health threats. Champions of this movement claim that the diverse and influential state and non-state actors participating in the development of the …

The Agreement On Trade Facilitation And Its Implications: An Interpretative Perspective, Heng Wang

Research Collection Yong Pung How School Of Law

As a highly compromising and flexible agreement, the Agreement on Trade Facilitation (hereinafter “TFA” or “the agreement”) may shed light on the future direction of the world trade regime. Going beyond the tariffs and border, the agreement is featured with good governance requirements. Its delicate relationship with free trade agreements (hereinafter “FTAs”), the domestic law, and existing World Trade Organization (hereinafter “WTO”) agreements deserves attention and carries important implications. What is the relationship between of the TFA and non-WTO rules? How do existing WTO agreements apply to the TFA explicitly or implicitly? What is the interpretative challenge? In addressing these …

Administrative Deference To Liberalizing And Maintaining Free Trade: An Argument For Allowing The Department Of Commerce To Bestow Retroactively Calculated Remedies Upon Importers Under Section 129(C)(1) Of The Uruguay Round Agreements Act, Daniel J. Olds

Georgia Journal of International & Comparative Law

No abstract provided.

The Depth Of The Trade In Services Agreement, Harold Godsoe

Brigham Young University International Law & Management Review

No abstract provided.

A Historical Look At International Trade, Then And Now, Joel C. Williams Jr.

Mercer Law Review

Today, when we talk about international trade, what do we think of? Do we envision those cargo ships that steam up the Savannah River, or do we harken back to the early Macedonians-some of the world's earliest international traders? Or, you may think of FedEx and UPS as they wing their way to foreign countries to deliver goods and services. Conversely, we might think of the hearty band of traders out of Mesopotamia, who crossed over the steppe region on what became known as the "Silk Road" to trade the various goods manufactured in the Fertile Crescent for the silks …

Putting The Specter Of Double Counting To Rest: How Public Law 112-99 Resolves The Issue Of Double Counting In Concurrent Countervailing And Non-Market Economy Antidumping Investigations, Stephanie E. Hartmann

Brigham Young University International Law & Management Review

No abstract provided.

China's Anti-Dumping Regime And Compliance With Anti-Dumping Principles: An Analysis Using Agricultural Dumping Case Studies, Adam Soliman

University of Miami International and Comparative Law Review

The paper assesses China's anti-dumping regime, one of the important structures implemented by China in order to become a full member of the World Trade Organization (WTO). Section One sets forth the WTO's anti-dumping principles as well as analyzes the differences between the WTO principles and the definition of "dumping" as understood by economists. In significant respects, the WTO principles allow situations that do not actually constitute dumping-in an economic sense-to be treated as "dumping," leading to the imposition of duties and sanctions. Next, the paper evaluates the degree to which the separate anti-dumping regimes of China and the U.S. …

O Brave New World: Where Angels Fear To Trade, Mark L. Jones

Mercer Law Review

It has been my distinct privilege and pleasure to serve once again as the Faculty Coordinator for the Mercer Law Review Symposium. This year the Symposium was held at Mercer University Law School on Friday, October 11, 2013 on the topic "Current Trends in International Trade and Their Impact on Multinational Business." Co-sponsors with the Law School included the Mercer School of Business and Economics, the law firm of Bryan Cave LLP, and the Institute of Continuing Legal Education (ICLE) of Georgia. It was also my great privilege and pleasure to work with the members of the Symposium planning committee …

Export Control Reform Where Are We Now?, Mark J. Sundahl, Jon P. Yormick

Law Faculty Articles and Essays

No abstract provided.

From Legalized Business Ethics To International Trade Regulation: The Role Of The Foreign Corrupt Practices Act And Other Transnational Anti-Bribery Regulations In Fighting Corruption In International Trade, Eric C. Chaffee

Mercer Law Review

The Foreign Corrupt Practices Act of 1977 (FCPA) has never had a clearly defined place in American law. Part of the problem is the enigmatic nature of the FCPA itself. Codified in scattered provisions among the statutes of the Securities Exchange Act of 1934 (Exchange Act), the FCPA contains provisions requiring companies issuing securities registered with the Securities and Exchange Commission (SEC) to maintain both accurate books and records and adequate internal accounting controls.? In addition, the FCPA also has provisions rendering unlawful transnational bribery, in other words, bribes paid directly and indirectly by individuals and entities residing or operating …

How Trade Law Changed: Why It Should Change Again, John Linarelli

Mercer Law Review

One of the most enjoyable moments I have as an academic lawyer is when students, who have had limited exposure to the law on international economics and commerce, have the profound moment when they realize how many rules and institutions are at work in these fields. Students seem to come into the course thinking international exchange occurs in a Hobbesian state of nature. A few weeks into the course, I start to ask for the students' views on whether the law is more developed internationally than domestically. Their attempts to answer this question become an opportunity to reflect on the …

Globalization, Trade, And The Impact Of Customs Initiatives On Global Supply Chains, Todd R. Benson

Mercer Law Review

The United Parcel Service (UPS) is a major participant in world trade, with a simply stated purpose: "to enable global commerce." Serving more than 220 countries and territories worldwide, UPS is directly involved with the movement of goods, information, and funds,' essential elements of international trade.

Increased globalization and trade means the movement of goods and commodities to virtually anywhere in the world. Because of the benefits from trade and the genuine needs for goods and supply-chain services around the world, there are good reasons to be concerned about factors that impede trade.' These factors may be direct impediments such …

Emerging Market Challenges: Moving Beyond Trade To Promote The Middle Class And Avoid The Middle-Income Trap, Penelope B. Prime

Mercer Law Review

The rise of the middle class around the world is seen by many as the next frontier in business opportunities. In fact, the concept of "emerging markets" is closely associated with the likelihood of a rapid rise in middle-class incomes; in other words, a large "internal market potential" or an "increasing purchasing power among consumers." One report by McKinsey & Company estimated that annual private spending in emerging markets will reach $30 trillion by 2025. It has been estimated that global consumers and proportional spending will increase from 1.8 billion people spending $21 trillion in 2009 to 4.9 billion people …

Trademarks, Gis, And Commercial Aspects Of Wine Distribution Agreements, Sarah A. Hinchliffe

Journal of Food Law & Policy

The marketing of goods under geographical names has always been common. In addition to introducing commercial facets of wine distribution agreements, this article discusses the justifications, principles and, policies that lie behind the protection of geographical indications (GIs) for wine on an international level as well as in the Old World and, to a lesser degree, in the New World. The scope and shape of the GI system will then be scrutinized in light of its own justifications and in the light of its impact on international trade, intellectual property, and agricultural policy.

Tpp And Trans-Pacific Perplexities, Peter K. Yu

Faculty Scholarship

In the past few years, the United States has been busy negotiating the Trans-Pacific Partnership (TPP) Agreement with countries in the Asia-Pacific region. These countries include Australia, Brunei Darussalam, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam. Although it remains unclear which chapters or provisions will be included in the final text of the TPP Agreement, the negotiations have been quite controversial. In addition to the usual concerns about having high standards that are heavily lobbied by industries and arguably inappropriate for many participating countries, the TPP negotiations have been heavily criticized for their secrecy and lack …

Jlia 3:1 - The Future Of International Criminal Justice

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

No abstract provided.

Learning From Our Mistakes: The Belfast Project Litigation And The Need For The Supreme Court To Recognize An Academic Privilege In The United States, Kathryn L. Steffen

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

Through the Belfast Project, researchers sponsored by Boston College began to compile an oral history of the period of violent political conflict in Northern Ireland known as “The Troubles” in a series of interviews. The interviewees’ participation in the project was conditioned on a strict promise of confidentiality. However, when authorities in the United Kingdom became suspicious that the interviews contained evidence of criminal activity, the United Kingdom, pursuant to a Mutual Legal Assistance Treaty, requested the United States to subpoena the materials on its behalf. Satisfaction of the subpoena would mean not only turning over the interview recordings, but …

National Security And The Protection Of Constitutional Liberties: How The Foreign Terrorist Organization List Satisfies Procedural Due Process, Aaron Schwartz

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

Foreign terrorist organizations pose a real and constantly evolving threat to U.S. national security. The Foreign Terrorist Organization (FTO) List seeks to temper that threat by extending the U.S. government an effective legal tool to identify and sanction members of terrorist organizations and those who support them. At the same time, however, the government must also ensure that its efforts to protect U.S. citizens do not trample constitutionally protected rights. This comment begins by exploring the FTO List's authorizing legislation and the policy and goals of that legislation. The comment then reviews and analyzes a series of cases discussing the …

Third Time’S The Charm: Will Basel Iii Have A Measurable Impact On Limiting Future Financial Turmoil?, Erin Pentz

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

The Great Recession of 2008 caused banking failures around the globe. The Basel Committee on Banking Supervision responded swiftly to create new minimum capital requirements for financial institutions in hopes of preventing additional failures and warding off future crises. Although the new capital standards that Basel III proposes are a step in the right direction, those standards alone will not be sufficient to prevent future bank failures in times of economic decline. Rather, true financial sector stability requires adequate capitalization of all institutions in terms of quality and quantity of capital, a strong regulatory framework, and a limitation on the …

International Institutions And The Resource Curse, Patrick Keenan

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

Many countries that are richly endowed with natural resources have failed to turn that resource wealth into sustained development. In many places, a small coterie of elites has become rich while most citizens see little benefit from their country’s vast resource wealth. A principal cause of this problem, often called the resource curse, is weak domestic institutions that permit leaders to enrich themselves and ignore the development needs of the country. From this, most scholars and policymakers have concluded that the way to fix the resource curse is to reform domestic institutions.

This article challenges the conventional wisdom and argues …

The Arab Spring’S Four Seasons: International Protections And The Sovereignty Problem, Jillian Blake, Aqsa Mahmud

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

In December 2010, public demonstrations erupted throughout the Middle East against autocratic regimes, igniting a regional political transformation known as the Arab Spring. Depending on events, modern international criminal and humanitarian law provided certain protections to vulnerable populations. However, international law did not provide a uniform degree of protection to civilians and combatants who faced similar circumstances. This Article argues for a uniform standard of protections for all populations affected by armed conflict, war crimes, and crimes against humanity. It evaluates each of five major Arab Spring uprisings (Tunisia, Bahrain, Egypt, Syria, and Libya) and describes the legal protections that …