International Trade Law Commons^™

Universal Anti-Bribery Legislation 
Can Save International Business: A Comparison Of The Fcpa And The Ukba In An Attempt To Create 
Universal Legislation To Combat
 Bribery Around The Globe, Lindsey Hills

Richmond Journal of Global Law & Business

No abstract provided.

Remedies For Foreign Citizens Subjected To Outsourced Pollution: A Case Study Of American Big Oil In The Ecuadorian Amazon, Ava Azad

Florida A & M University Law Review

The term “globalization” generally carries a positive connotation, invoking images of progress and international unity. “Technology” similarly enjoys a reputation of enabling human advancement and improving sustenance, shelter, education, and overall quality of life. Both promote the development of the other and their success has become intertwined. Development of the oil industry is one newsworthy example of the coming together of technology and globalization as nations rush to discover, extract, and refine oil wherever possible and sell the fuel to their own citizens or export it to other nations. Oil is also an example of dangers generally not associated with …

Judicial Authority In Wto Law: A Commentary On The Appellate Body's Decision In China-Rare Earths, Julia Ya Qin

Law Faculty Research Publications

No abstract provided.

Trading With Foreigners: An Interdisciplinary Analysis Of China’S Core Interests In Trade And Foreign Policy, Phoenix X.F. Cai

Sturm College of Law: Faculty Scholarship

This article takes an interdisciplinary approach by drawing on political science, international relations, and legal global governance literatures to explain how China’s foreign policy impacts and guides its trade policy, which is manifested in the three core interests. The article makes the case that the core interest analysis holds promising explicative, predictive, persuasive, and coalition-building value in the arenas of global trade policy and dispute settlement.

This article proceeds in five main parts. Part II traces the contours of China’s three core interests in action, both in the domestic and international spheres. While not purporting to be exhaustive, it takes …

Community Of Support: Moving Toward Indirect Regulation Of The Hedge Fund Industry, 3 J. Marshall Global Mkt. L.J. 1 (2014), Randy Haight

John Marshall Global Markets Law Journal

The popularity of hedge funds has exponentially increased over the past decade due to the unparalleled gains that hedge funds present for investors. However, hedge funds remain largely unregulated in comparison to other financial instruments such as traditional stocks and derivatives. The emergence of the hedge fund as a component of the financial industry has brought with it questions pertaining to the optimal method of hedge fund regulation. The foremost concern in regulating hedge funds is to strike a balance between market stability and investor protection. In order to do so, an equilibrium must be found between leaving hedge funds …

Admission Of Guilt: Sinking Teeth Into The Sec’S Sweetheart Deals, 3 J. Marshall Global Mkt. L.J. 27 (2014), Larissa Lee

John Marshall Global Markets Law Journal

Throughout its existence, the U.S. Securities and Exchange Commission (“SEC”) has allowed defendants to settle cases without admitting to the allegations of wrongdoing. This “neither admit nor deny” policy has received heavy criticism by judges, Congress, and the public, especially in the wake of the 2008 financial crisis. On June 18, 2013, SEC Chairman Mary Jo White announced the agency’s intention to require admissions of guilt in certain cases. While Chairman White did not articulate a clear standard of when admissions would be required, she did say that the agency would focus on the egregiousness of the defendant’s conduct and …

Bear Stearns And Lehman Brothers: “Too Big To Fail’S” Impact, 3 J. Marshall Global Mkt. L.J. 49 (2014), Natalie Warrington

John Marshall Global Markets Law Journal

The 2008 financial crisis led to controversial government bailouts of institutions that were deemed “too big to fail” (TBTF). Critics propose that systemic risk and TBTF were the main causes of the financial collapse of Bear Stearns and Lehman Brothers—two of the institutions that were at the center of the bailout controversy. These bailouts have been criticized as creating moral hazard which, for financial institutions, means that decision makers, counterparties, creditors, and shareholders will take fewer precautions and take on more risk since the government will bail them out. However, whether various market participants in fact take fewer precautions and …

Emerging Growth Companies Under The Jobs Act: An Analysis Of The “Ipo On-Ramp”, 3 J. Marshall Global Mkt. L.J. 63 (2014), Kiersten Zaza

John Marshall Global Markets Law Journal

Since 2008, the United States has been faced with a “jobless recovery” which can be attributed in part to a decline in new business creation. To study the link between small companies’ access to markets and creation of jobs, the IPO Task Force was created. The IPO Task Force conducted research and set forth various findings regarding the correlation between emerging growth companies and job creation. The IPO Task Force also attributed a decline in IPO activity to the complex regulatory environment. Accepting these findings, and in response, the JOBS Act passed with surprisingly high bipartisan support. The JOBS Act …

Modes Of Reasoning In Wto Law, Chios Carmody

Law Publications

How the law reasons is central to its legitimacy. This article examines how legal reasoning is characterized by two types of logic, deductive and inductive, which are apparent in the legal system of the World Trade Organization (WTO). The article goes on to suggest that the interaction of deductive reasoning in the form of presumptions and inductive reasoning in the form of proof give rise to a third type of logic, abductive logic, defined as the ‘best’ estimate on current knowledge. It then examines how this three-fold combination of ideas is displayed in WTO law and explores what implications this …

The Expanding Reach Of The Executive In Foreign Direct Investment: How Ralls V. Cfius Will Alter The Fdi Landscape In The United States, Hunter Deeley

American University Business Law Review

No abstract provided.

The U.S.-Colombia Trade Promotion Agreement: Ignoring The Paramilitary's Human Rights Abuses?, Pooja Shah

Loyola University Chicago International Law Review

No abstract provided.

Food Miles: Environmental Protection Or Veiled Protectionism?, Meredith Kolsky Lewis, Andrew D. Mitchell

Michigan Journal of International Law

Eat local. Such a small phrase yet such a loaded proposition. Buying food from nearby sources has become a popular objective. This aim is associated with helping farmers in one’s country or region; observing the seasonality of one’s location; eating fresher foods; striving for food security; and protecting the environment. One of the unmistakable messages of the “locavore” movement is that importing food—particularly food that comes from far away—causes environmental harm. The theory is that transporting food long distances results in the release of high levels of greenhouse gases (GHGs) into the atmosphere and is thus a dangerous contributor to …

A Realist Approach To Copyright Law's Formalities, Michael W. Carroll

Joint PIJIP/TLS Research Paper Series

Rejecting the conventional story that formalities in copyright law were abolished by the Berne Convention, this Article demonstrates that privately administered systems of formalities play a significant role in the administration of copyright law worldwide. Indeed, they must because copyright is designed to support a transaction structure which requires rightsholders who seek to attract licensing partners to go through some formal step to identify themselves and the works in which they have a legal or beneficial interest. Canvassing the landscape of mandatory and voluntary public and private systems of formalities, this article argues that: (1) national policymakers retain more policy …

A National Mineral Policy As An International Investment Law Stratagem: The Case Of Tajikistan's Gold Reserves, Nadia B. Ahmad

Faculty Scholarship

No abstract provided.

The International Sugar Trade And Sustainable Development: Curtailing The Sugar Rush, Nadia B. Ahmad

Faculty Scholarship

No abstract provided.

Corporate Social Responsibility For Enforcement Of Labor Rights: Are There More Effective Alternatives?, Barbara J. Fick

Global Business Law Review

This article addresses the concept of corporate social responsibility (hereinafter CSR) as it relates to labor rights. It considers the following issues: is the CSR model, as evidenced by the adoption of corporate codes of conduct (hereinafter CoC), effective in protecting labor rights; and is this model the best way to protect labor rights? These issues are examined from two perspectives: practical and philosophical. Lastly, some alternative enforcement mechanisms are considered and their respective advantages and disadvantages for purposes of ensuring labor rights are discussed.

A National Mineral Policy As An International Investment Law Stratagem: The Case Of Tajikistan's Gold Reserves, Nadia B. Ahmad

Elisabeth Haub School of Law Faculty Publications

This Article proposes that a national mineral policy ("NMP") can be crafted to generate foreign direct investment ("FDI") and strengthen sustainable development goals. Less-developed countries ("LDCs") typically overlook or underestimate this federal policy imperative while seeking to harness mineral resources.' Creation of a NMP and complementary changes to federal mining investment laws can provide host countries increased opportunities as well as autonomy to profit from their own natural resources and, at the same time, investor nations can benefit from a NMP because of further mining prospects.

This Article goes on to discuss how the formulation and implementation of a NMP …

The International Sugar Trade And Sustainable Development: Curtailing The Sugar Rush, Nadia B. Ahmad

Elisabeth Haub School of Law Faculty Publications

This Article will briefly examine the history of the international sugar trade and discuss the current status of the sugar industry in world markets, specifically in Brazil, India, and the United States. The international sugar trade industry should consider instituting sustainable development practices not only for the public good, but also to enhance its bottom line. As "one of the most highly distorted agricultural commodity markets," the international sugar market is an ideal environment to implement sustainable development practices and begin change with respect to CSR through "guaranteed minimum payments to producers, production and marketing controls (quotas), state-regulated retail prices, …

A Material World: Using Trademark Law To Override Copyright's First Sale Rule For Imported Copies, Mary Lafrance

Michigan Telecommunications & Technology Law Review

When the Supreme Court held that the first sale rule of copyright law permits the unauthorized importation and domestic sale of lawfully made copies of copyrighted works, regardless of where those copies were made, copyright owners lost much of their ability to engage in territorial price discrimination. Publishers, film and record producers, and software and videogame makers could no longer use copyright law to prevent the importation and domestic resale of gray market copies, and therefore could no longer protect their domestic distributors against competition from cheaper imported copies. However, many of these copyright owners can take advantage of a …

Paper Compliance: How China Implements Wto Decisions , Timothy Webster

Michigan Journal of International Law

China’s growing economic and military clout generates scrutiny, optimism, insecurity, opportunism, opprobrium, and unease around the world, especially in the United States. Many question China’s role on the world stage. Politicians and academics openly doubt China abides by international law and other global standards of state conduct promulgated by Western liberal democracies since the end of World War II. The game may change—international trade, territorial and maritime disputes, environmental law, human rights, arms control, riparian rights, cyber-crime, endangered species—but the concern remains the same: is China an international scofflaw?

The Next Generation Of Trade And Environment Conflicts: The Rise Of Green Industrial Policy, Mark Wu, James Salzman

Faculty Scholarship

A major shift is transforming the trade and environment field, triggered by governments’ rising use of industrial policies to spark nascent renewable energy industries and to restrict exports of certain minerals in the face of political economy constraints. While economically distorting, these policies do produce significant economic and environmental benefits. At the same time, they often violate World Trade Organization (WTO) rules, leading to increasingly harsh conflicts between trading partners.

This Article presents a comprehensive analysis of these emerging conflicts, arguing that they represent a sharp break from past trade and environment disputes. It examines the causes of the shift …

No Witness, No Case: An Assessment Of The Conduct And Quality Of Icc Investigations, Dermot Groome

Faculty Scholarly Works

No abstract provided.

Human Rights Provisions In Free Trade Agreements: Do The Ends Justify The Means?, Meredith Kolsky Lewis

Loyola University Chicago International Law Review

No abstract provided.

Defending The Spirit Of The Doha Declaration In Free Trade Agreements: Trans-Pacific Partnership And Access To Affordable Medicines, Burcu Kilic

Loyola University Chicago International Law Review

No abstract provided.

Scott Lively And Free Trade: United States Free Trade Agreements As A Mechanism For Advancing Human Rights Abroad, Nicholas K. Fedde

Loyola University Chicago International Law Review

No abstract provided.

High Technology, Consumer Privacy, And U.S. National Security, Laura K. Donohue

American University Business Law Review

No abstract provided.

Targeted Drug Donations: A Necessary Evil In Need Of A Global Harness And A Possible Cure For Trips Shortcomings, Gabriella Tzeneva

Indiana Journal of Global Legal Studies

This Note explores the economic and social factors that drive multinational pharmaceutical companies to donate drugs to developing countries and evaluates the effectiveness of such donations in combating medicine shortages. The Note poses that such donations provide necessary economic incentives to drug companies and help curb high medical prices in developed nations while being an essential tool for ameliorating intellectual property requirements imposed by TRIPS. The Note proposes two solutions to further incorporate donations in access to medicine relief efforts and advocates increased international cooperation in the practice.

Analysis Of Incoterms As Usage Under Article 9 Of The Cisg, William P. Johnson

All Faculty Scholarship

This Article defines usage, as that term is used in the UN Convention on Contracts for the International Sale of Goods (CISG), in order to consider whether the ICC’s definitions for common delivery terms set forth in the ICC publication Incoterms should be characterized as usage for purposes of the CISG. This Article then describes the misguided approach that to date has been taken by U.S. courts when analyzing the role of Incoterms as usage for contracts governed by the CISG. Finally, this Article proposes a method for proper analysis of Incoterms under the CISG, including the role that Article …

Nigeria And Mali: The Case For Repatriation And Protection Of Cultural Heritage In Post-Colonial Africa, Elizabeth A. Klesmith

Notre Dame Journal of International & Comparative Law

Writing in early 2013, Elizabeth A. Klesmith explores the challenges of African nations in protecting their cultural heritage in the post-colonization era. She identifies two major challenges to the preservation of African cultural heritage: the multi-billion dollar global trade in illicit heritage and, in certain parts of Africa, the threat of destruction of cultural treasures during bouts of sectarian violence. Klesmith discusses these challenges utilizing case studies concerning the cultural treasures of Nigeria and Mali. In the case of Nigeria, the country is striving to reacquire artifacts looted from the Benin Kingdom in the late nineteenth century and recently purchased …

Judicial Authority In Wto Law: A Commentary On The Appellate Body's Decision In China-Rate Earths, Julia Ya Qin

Law Faculty Research Publications

No abstract provided.