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International Trade Law Commons

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2015

Discipline
Institution
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Publication
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Articles 31 - 60 of 271

Full-Text Articles in International Trade Law

The Need To Improve Consistency In The Application And Interpretation Of Section 337 Of The Tariff Act Of 1930 And Section 5 Of The Federal Trade Commission Act, John T. Fischbach Dec 2015

The Need To Improve Consistency In The Application And Interpretation Of Section 337 Of The Tariff Act Of 1930 And Section 5 Of The Federal Trade Commission Act, John T. Fischbach

Georgia Journal of International & Comparative Law

No abstract provided.


Section 337: A View From Two Within The Department Of Justice, Douglas E. Rosenthal, Thomas E. Sheldon Dec 2015

Section 337: A View From Two Within The Department Of Justice, Douglas E. Rosenthal, Thomas E. Sheldon

Georgia Journal of International & Comparative Law

No abstract provided.


Symposium: Section 337 Of The Trade Act Of 1974, Regulating Unfair Practices In International Trade: The Role Of The United States International Trade Commission, Daniel Minchew, R. Dan Webster Dec 2015

Symposium: Section 337 Of The Trade Act Of 1974, Regulating Unfair Practices In International Trade: The Role Of The United States International Trade Commission, Daniel Minchew, R. Dan Webster

Georgia Journal of International & Comparative Law

No abstract provided.


Global Value Chains And Resource Corridors: The Nexus Is Regional Integration, Perrine Toledano Dec 2015

Global Value Chains And Resource Corridors: The Nexus Is Regional Integration, Perrine Toledano

Columbia Center on Sustainable Investment Staff Publications

To be more involved in the global value chains, sub-Saharan African countries should intensify their regional integration efforts. A first step in this direction can be implementing cross-border resource-based development corridors.


Predicting Outcomes In Investment Treaty Arbitration, Susan Franck, Lindsey Wylie Dec 2015

Predicting Outcomes In Investment Treaty Arbitration, Susan Franck, Lindsey Wylie

Academic Publications

Crafting appropriate dispute settlement processes is challenging for any conflict-management system, particularly for politically sensitive international economic law disputes. As the United States negotiates investment treaties with Asian and European countries, the terms of dispute settlement have become contentious. There is a vigorous debate about whether investment treaty arbitration (ITA) is an appropriate dispute settlement mechanism. While some sing the praises of ITA, others offer a spirited critique. Some critics claim that ITA is biased against states, while others suggest ITA is predictable but unfair due to factors like arbitrator identity or venue. Using data from 159 final cases derived …


Predicting Outcomes In Investment Treaty Arbitration, Susan Franck Dec 2015

Predicting Outcomes In Investment Treaty Arbitration, Susan Franck

Scholarly Articles in Law Reviews & Journals

Crafting appropriate dispute settlement processes is challenging for any conflict-management system, particularly for politically sensitive international economic law disputes. As the United States negotiates investment treaties with Asian and European countries, the terms of dispute settlement have become contentious. There is a vigorous debate about whether investment treaty arbitration (ITA) is an appropriate dispute settlement mechanism. While some sing the praises of ITA, others offer a spirited critique. Some critics claim that ITA is biased against states, while others suggest ITA is predictable but unfair due to factors like arbitrator identity or venue. Using data from 159 final cases derived …


Time To Say Local Cheese And Smile At Geographical Indications Of Origin? International Trade And Local Development In The United States, Irene Calboli Dec 2015

Time To Say Local Cheese And Smile At Geographical Indications Of Origin? International Trade And Local Development In The United States, Irene Calboli

Faculty Scholarship

In this Article, I offer some considerations on a possible compromising solution for the controversy between the European Union (EU) and the United States (U.S.) on the regulation of geographical indications of origin (GIs) as part of the negotiations in the Transatlantic Trade and Investment Partnership (TTIP). Notably, I advocate that the EU and the U.S. consider adopting a solution similar to that adopted in the Canada and European Union Comprehensive Economic and Trade Agreement (CETA). In particular, I note that, even though CETA accepted several of the EU's requests to claw-back names that were not previously protected in Canada, …


Count The Limbs: Designing Robust Aggregation Clauses In Sovereign Bonds, Anna Gelpern, Ben Heller, Brad Setser Nov 2015

Count The Limbs: Designing Robust Aggregation Clauses In Sovereign Bonds, Anna Gelpern, Ben Heller, Brad Setser

Georgetown Law Faculty Publications and Other Works

On August 29, 2014, the International Capital Market Association (ICMA) published new recommended terms for sovereign bond contracts governed by English law. One of the new terms would allow a super majority of creditors to approve a debtor’s restructuring proposal in one vote across multiple bond series. The vote could bind all bond holders, even if a series voted unanimously against restructuring, so long as enough holders in the other series voted for it. An apparently technical change, awkwardly named “single-limb aggregated collective action clauses (CACs)” promised to eliminate free-riders for the first time in the history of sovereign bond …


Trade Law- Notice And Opportunity To Be Heard In A "Good Cause" Determination Proceeding Under Section 201(E) Of The Trade Act Of 1974 Are Not Required By The Provisions Of The Act Itself Or By Constitutional Due Process, Alan S. Peevy Nov 2015

Trade Law- Notice And Opportunity To Be Heard In A "Good Cause" Determination Proceeding Under Section 201(E) Of The Trade Act Of 1974 Are Not Required By The Provisions Of The Act Itself Or By Constitutional Due Process, Alan S. Peevy

Georgia Journal of International & Comparative Law

No abstract provided.


Accountability And The Foreign Commerce Power: A Case Study Of The Regulation Of Exports, Richard R. Carlson Nov 2015

Accountability And The Foreign Commerce Power: A Case Study Of The Regulation Of Exports, Richard R. Carlson

Georgia Journal of International & Comparative Law

No abstract provided.


Reflections On Current Attempts To Revise International Legal Structures: The North-South Dialogue-Clash Of Values And Concepts, Contradictions And Compromises, Pedro Roffe Nov 2015

Reflections On Current Attempts To Revise International Legal Structures: The North-South Dialogue-Clash Of Values And Concepts, Contradictions And Compromises, Pedro Roffe

Georgia Journal of International & Comparative Law

No abstract provided.


Sovereignty, This Strange Thing: Its Impact On The Global Economic Order, Kazuaki Sono Nov 2015

Sovereignty, This Strange Thing: Its Impact On The Global Economic Order, Kazuaki Sono

Georgia Journal of International & Comparative Law

No abstract provided.


Legal Structures For The Resolution Of International Problems In The Domain Of Private Foreign Investments: A Third World Perspective Now And In The Future, Osita C. Eze Nov 2015

Legal Structures For The Resolution Of International Problems In The Domain Of Private Foreign Investments: A Third World Perspective Now And In The Future, Osita C. Eze

Georgia Journal of International & Comparative Law

No abstract provided.


The Problem Of Global Economic Inequity: Legal Structures And Some Thoughts On The Next 40 Years, Inamul Haq Nov 2015

The Problem Of Global Economic Inequity: Legal Structures And Some Thoughts On The Next 40 Years, Inamul Haq

Georgia Journal of International & Comparative Law

No abstract provided.


International Economic Problems And Their Management Int He 21st Century, John H. Jackson Nov 2015

International Economic Problems And Their Management Int He 21st Century, John H. Jackson

Georgia Journal of International & Comparative Law

No abstract provided.


Injury From Dumping: The Problem Of The "Regional Industry", Jack G. Wasserman Nov 2015

Injury From Dumping: The Problem Of The "Regional Industry", Jack G. Wasserman

Georgia Journal of International & Comparative Law

No abstract provided.


Table Of Contents, Georgia Journal Of International And Comparative Law Nov 2015

Table Of Contents, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.


Rising To China's Challenge In The Pacific Rim: Reforming The Foreign Corrupt Practices Act To Further The Trans-Pacific Partnership, Michael B. Runnels Nov 2015

Rising To China's Challenge In The Pacific Rim: Reforming The Foreign Corrupt Practices Act To Further The Trans-Pacific Partnership, Michael B. Runnels

Seattle University Law Review

It is a commonly held myth that the rise of U.S. global economic hegemony rests upon a free trade philosophy. On the contrary, protectionist trade policies were central to galvanizing American industrialization. This misconception lies at the heart of why the trade liberalization policies enforced under the U.S.-led Bretton Woods institutions, the World Bank and the International Monetary Fund (IMF), brought ruinous results to many poor countries. The subsequent decline in credibility of these institutions challenges their continued relevance and opens a space for powerful nations to fashion alternative rules of trade. China is a member of the IMF but …


Tpp Would Let Foreign Investors Bypass The Canadian Public Interest, Lisa E. Sachs, Lise Johnson Nov 2015

Tpp Would Let Foreign Investors Bypass The Canadian Public Interest, Lisa E. Sachs, Lise Johnson

Columbia Center on Sustainable Investment Staff Publications

In early October, prime ministerial candidate Justin Trudeau promised Canadians “a full and open public debate” on the Trans-Pacific Partnership. With 30 chapters that would bind Canada to sweeping agreements on everything from services to intellectual property to the environment to procurement, there is much to debate.


Next Generation Treaty – India’S New Model Bit Makes It Clear That Its Goal Is To Accomplish More Than Investor Protection, Lisa E. Sachs, Lise Johnson, Sudhanshu Roy Nov 2015

Next Generation Treaty – India’S New Model Bit Makes It Clear That Its Goal Is To Accomplish More Than Investor Protection, Lisa E. Sachs, Lise Johnson, Sudhanshu Roy

Columbia Center on Sustainable Investment Staff Publications

The April release of India’s draft model bilateral investment treaty 1(BIT), which is expected to be approved by the cabinet soon, has generated a rich public debate on its international investment regime. There are important questions about the purpose and content of investment treaties, both in India and other countries. However, some reactions – like Augusts Law Commission report suggesting that the model BIT was not sufficiently investor-friendly – frame the discussion too narrowly, ignoring key questions and objectives behind India’s transitioning investment policy regime.


The Tpp’S Investment Chapter: Entrenching, Rather Than Reforming, A Flawed System, Lise Johnson, Lisa E. Sachs Nov 2015

The Tpp’S Investment Chapter: Entrenching, Rather Than Reforming, A Flawed System, Lise Johnson, Lisa E. Sachs

Columbia Center on Sustainable Investment Staff Publications

During the negotiations of the Trans-Pacific Partnership (TPP) agreement, many stakeholders raised strong concerns about the Investment Chapter of the TPP, and in particular, the investor-state dispute settlement mechanism (ISDS). The US Trade Representative (USTR) and other representatives of the negotiating partners assured the stakeholders that the TPP’s investment chapter would respond to the legitimate concerns about expansive investor protections and ISDS. The actual text, however, when made public, showed the opposite: a further evisceration of the role of domestic policy, institutions, and constituents. In their current form, the TPP’s substantive investment protections and ISDS pose significant potential costs to …


Time To Say Local Cheese And Smile At Geographical Indications Of Origin? International Trade And Local Development In The United States, Irene Calboli Nov 2015

Time To Say Local Cheese And Smile At Geographical Indications Of Origin? International Trade And Local Development In The United States, Irene Calboli

Research Collection Yong Pung How School Of Law

In this Article, I offer some considerations on a possible compromising solution for the controversy between the European Union (EU) and the United States (U.S.) on the regulation of geographical indications of origin (GIs) as part of the negotiations in the Transatlantic Trade and Investment Partnership (TTIP). Notably, I advocate that the EU and the U.S. consider adopting a solution similar to that adopted in the Canada and European Union Comprehensive Economic and Trade Agreement (CETA). In particular, I note that, even though CETA accepted several of the EU’s requests to claw-back names that were not previously protected in Canada, …


Uncertainty, Precaution, And Adaptive Management In Wildlife Trade, Annecoos Wiersema Oct 2015

Uncertainty, Precaution, And Adaptive Management In Wildlife Trade, Annecoos Wiersema

Michigan Journal of International Law

Wildlife trade is big business. Legal international trade in just some of the wild animals and plants traded worldwide is estimated at $350 to $530 million per year. The United States is the primary importer of virtually every major taxon of these species, including mammals, reptiles, fish, and plants. When it comes to illegal trade, estimates of its value range from $7 to $23 billion annually, covering wild animals, fish, and timber. This illegal trade fuels organized crime and militia and terrorist groups. In the face of all this pressure, some wild species appear to be traded in sustainable amounts. …


U.S. Export Policy: New Directions-Washington International Business Report, Washington, D.C. International Business-Government Counselors, Inc., Paul S. Dempsey Oct 2015

U.S. Export Policy: New Directions-Washington International Business Report, Washington, D.C. International Business-Government Counselors, Inc., Paul S. Dempsey

Georgia Journal of International & Comparative Law

No abstract provided.


Constitutional Law, Import-Export Clause: Non-Discriminatory, Fairly Apportioned Excise Tax Applied To Stevedoring Companies Loading And Unloading Goods In Imports And Export Transit Does Not Constitute An Import Or Duty Within The Prohibition Of The Import-Export Clause, Tony G. Mills Oct 2015

Constitutional Law, Import-Export Clause: Non-Discriminatory, Fairly Apportioned Excise Tax Applied To Stevedoring Companies Loading And Unloading Goods In Imports And Export Transit Does Not Constitute An Import Or Duty Within The Prohibition Of The Import-Export Clause, Tony G. Mills

Georgia Journal of International & Comparative Law

No abstract provided.


Export Licensing: Uncoordinated Trade Repression, Audrey S. Winter, Richard Carlson Oct 2015

Export Licensing: Uncoordinated Trade Repression, Audrey S. Winter, Richard Carlson

Georgia Journal of International & Comparative Law

No abstract provided.


United States Human Rights Policy: Effect On Exports, Russell D. Carter, Frank D. Brogan Oct 2015

United States Human Rights Policy: Effect On Exports, Russell D. Carter, Frank D. Brogan

Georgia Journal of International & Comparative Law

No abstract provided.


Interagency Conflict: A Model For Analysis, Betsy C. Cox, Gary Shmerling Oct 2015

Interagency Conflict: A Model For Analysis, Betsy C. Cox, Gary Shmerling

Georgia Journal of International & Comparative Law

No abstract provided.


Symposium - A National Export Policy: Tuning United States Law And Its Implementation To An Export Priority, Georgia Journal Of International And Comparative Law Oct 2015

Symposium - A National Export Policy: Tuning United States Law And Its Implementation To An Export Priority, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.


A Consumer Perspective On The Tokyo Round, Clinton Warne Oct 2015

A Consumer Perspective On The Tokyo Round, Clinton Warne

Georgia Journal of International & Comparative Law

No abstract provided.