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Articles 31 - 60 of 193
Full-Text Articles in International Trade Law
Currency Wars And The Erosion Of Dollar Hegemony, Lan Cao
Currency Wars And The Erosion Of Dollar Hegemony, Lan Cao
Michigan Journal of International Law
This Article examines how and why the dollar is being challenged. Part I provides a brief history of the U.S. dollar, showing how it has evolved from something with intrinsic value to something that has no intrinsic value, except via government fiat. Part I traces the evolution of money in the United States, from its original foundation in commodities and gold and silver coins, to the creation of money via Federal Reserve notes which function as money substitutes, that is, paper instruments that represent gold and silver and presumably can be converted into real money. The aim of Part I …
Trade Law’S Responses To The Rise Of China, Wentong Zheng
Trade Law’S Responses To The Rise Of China, Wentong Zheng
UF Law Faculty Publications
This Article offers a systematic examination of trade law’s responses to the emergence of China as a major player in world trade. As an intricate set of rules written largely prior to the advent of the China era, trade law had to readjust to the powerful newcomer in ways that eventually changed trade law itself. This Article investigates these changes in four major areas of trade law: antidumping, countervailing duties, safeguards, and managed trade. In almost all of those areas, trade law witnessed a protectionist shift against Chinese products at the expense of sound, consistent principles. But, at the same …
Reasonable Standards For Contract Interpretations Under The Cisg, Donald J. Smythe
Reasonable Standards For Contract Interpretations Under The Cisg, Donald J. Smythe
Cardozo Journal of International and Comparative Law
The United Nations ("UN") Convention on Contracts for the International Sale of Good ("CISG") offers the promise of harmonizing international sales law and facilitating international trade and global commerce. But there is a "homeward trend bias" that may encourage domestic courts to construe the gaps in the CISG broadly and fill them with non-uniform domestic legal rules. Questions about contract interpretation under the CISG raise the same concerns about a homeward trend bias as questions about the interpretation of express CISG provisions. The CISG has express provisions governing contract interpretation but their application may not provide an unambiguous interpretation. This …
Deterring Foreign Component Cartels In The Age Of Globalized Supply Chains, Jae Hyung Ryu
Deterring Foreign Component Cartels In The Age Of Globalized Supply Chains, Jae Hyung Ryu
Articles & Chapters
No abstract provided.
Human Development As An Intellectual Property Metric, J. Janewa Osei-Tutu
Human Development As An Intellectual Property Metric, J. Janewa Osei-Tutu
Articles
No abstract provided.
Subsidies Issues In Renewable Energy Trade, Heng Wang
Subsidies Issues In Renewable Energy Trade, Heng Wang
Research Collection Yong Pung How School Of Law
The chapter analyzes several issues regarding the renewable energy subsidies in trade law. There are uncertainties regarding the WTO-consistence of renewable energy subsidies for goods. It is partially due to the vagueness of WTO rules and insufficient jurisprudence. Among them, issues such as the specificity of subsidies turn to be quite controversial. Given the unclear WTO disciplines on the susidies for goods, renewable energy subsidies for services could be more popular. The “collaboration” between the WTO law and FTAs is desirable to reform the WTO rules on trade remedies and to strike a balance between trade disciplines and environment protection.
Study On The Effect Of Rotterdam Rules To Multimodal Transport Of China Under The Belt And Road Initiative, Jingya Qin
Study On The Effect Of Rotterdam Rules To Multimodal Transport Of China Under The Belt And Road Initiative, Jingya Qin
World Maritime University Dissertations
No abstract provided.
The Tbt Agreement’S Failure To Solve U.S. - Cool, Elinore R. Carroll
The Tbt Agreement’S Failure To Solve U.S. - Cool, Elinore R. Carroll
Georgia Journal of International & Comparative Law
No abstract provided.
The European Union’S Emerging Approach To Isds: A Review Of The Canada-Europe Ceta, Europe-Singapore Fta, And European-Vietnam Fta, Gus Van Harten
The European Union’S Emerging Approach To Isds: A Review Of The Canada-Europe Ceta, Europe-Singapore Fta, And European-Vietnam Fta, Gus Van Harten
Articles & Book Chapters
The European Union’s approach to ISDS is examined based on the available textual evidence in proposed or negotiated trade agreements. The evaluation focuses on three criteria: judicial independence, procedural fairness, and balance in the allocation of rights and responsibilities. Each criteria arises from concerns about the powerful and far-reaching arbitration mechanism at the core of ISDS and its role to decide the legality of sovereign conduct and allocate public funds to foreign investors. The main conclusions are that, in pursuing a massive expansion of ISDS in new trade agreements, the European Union has taken only partial steps on the issue …
Refining Statutory Interpretation: How Natural Gas Export Regulations Violate U.S. International Trade Obligations, Amanda L. Tharpe
Refining Statutory Interpretation: How Natural Gas Export Regulations Violate U.S. International Trade Obligations, Amanda L. Tharpe
Catholic University Law Review
As a member of the World Trade Organization (WTO), the United States is required to abide by nondiscriminatory trade policies when exporting products to other WTO members. Current U.S. policy regulating natural gas exports impose burdensome and lengthy licensing procedures on those requesting approval of a permit to export natural gas to countries with which the U.S. does not have a free trade agreement. A similar commodity, crude oil, is regulated by different regulations that allow for U.S. oil producers to freely export crude oil overseas. This Comment analyzes the differences in federal laws and regulations governing the export of …
The Prudential Carve-Out Clause: Is Risk The New Corrupt Moral?, John Anwesen
The Prudential Carve-Out Clause: Is Risk The New Corrupt Moral?, John Anwesen
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
International Legal Instruments And New Judicial Principles For Restitution Of Illegally Exported Cultural Properties, Ho-Young Song
International Legal Instruments And New Judicial Principles For Restitution Of Illegally Exported Cultural Properties, Ho-Young Song
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Caught In The Act But Not Punished: On Elite Rule Of Law And Deterrence, Francesca Jensenius, Abby Wood
Caught In The Act But Not Punished: On Elite Rule Of Law And Deterrence, Francesca Jensenius, Abby Wood
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Abused, Abandoned, Or Neglected: Legal Options For Recent Immigrant Women And Girls, Meaghan Fitzpatrick, Leslye Orloff
Abused, Abandoned, Or Neglected: Legal Options For Recent Immigrant Women And Girls, Meaghan Fitzpatrick, Leslye Orloff
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
The Forgotten Victim: Men And Domestic Violence - Issues For The I-360 Petition, Christine Grant
The Forgotten Victim: Men And Domestic Violence - Issues For The I-360 Petition, Christine Grant
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Domestic Violence Victims Need Support At State Level, Rep. Scott Conklin
Domestic Violence Victims Need Support At State Level, Rep. Scott Conklin
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Violence Against Women Symposium And Collected Works
Violence Against Women Symposium And Collected Works
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Theory And Theoretical Approaches To Wto Law, Chios Carmody
Theory And Theoretical Approaches To Wto Law, Chios Carmody
Law Publications
This article examines the role of theory in relation to the law of the World Trade Organization (WTO), and more broadly, international economic law. It posits that an absence of agreement about an underlying theory of WTO law can be traced to lack of clarity about what a ‘theory’ is as well as the fact that the current vogue for interdisciplinary approaches to law means that WTO law, in particular, is analyzed through non-normative frameworks that are removed from the law’s legality. The article goes on to examine three theoretic frameworks – textual, political, and economic – that have been …
Managing Trade Conflicts In The Ict Industry: A Case Study Of Eu-Greater China Area, Han-Wei Liu, Shin-Yi Peng
Managing Trade Conflicts In The Ict Industry: A Case Study Of Eu-Greater China Area, Han-Wei Liu, Shin-Yi Peng
Research Collection Yong Pung How School Of Law
Trade policy is formulated through a rather complex decision-making process that involves two-way interactions between actors in public and private sectors. Such interactions are of particular importance in resolving trade controversies in the information and communication technology (ICT) sector. Focusing on the conflicts between the EU and its trading partners in the Greater China Area regarding certain innovation policies in this high-tech industry, this Article underscores how catch-up strategies adopted by latecomer economies in East Asia may implicate the world trade order in recent years. Loosely built upon the insights of public-private network theory, this Article identifies key variables—economic, legal, …
National Treasure: A Survey Of The Current International Law Regime For Underwater Cultural Heritage, Christian Hoefly
National Treasure: A Survey Of The Current International Law Regime For Underwater Cultural Heritage, Christian Hoefly
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Addressing The Problem Of Implementing The Hague Abduction Convention On The Civil Aspects Of International Child Abduction Between The U.S. And Mexico, Breanna Atwood
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Controversy Over Information Privacy Arising From The Taiwan National Health Insurance Database Examining The Taiwan Taipei High Administrative Court Judgement No. 102-Su-36 (Tsai V. Nhia), Chen-Hung Chang
Pace International Law Review
This article examines the limitations of the application of traditional information privacy theory to disputes relating to modern technologies. If information privacy is understood as an individual’s right to full control over his information, activities involving the collection, process and use of personal data cannot be conducted without the data subject’s consent because his privacy rights would be affected as a result of such activities. Instead of the privacy interest approach, this article introduces a privacy harm approach to reconcile the defects of traditional privacy theory. The privacy interest approach helps identify situations in which an individual’s information privacy conflicts …
Good Faith – The Gordian Knot Of International Commerce, Bruno Zeller, Camilla Baasch Andersen
Good Faith – The Gordian Knot Of International Commerce, Bruno Zeller, Camilla Baasch Andersen
Pace International Law Review
This paper argues that good faith cannot be defined and furthermore that there is no need to define good faith as it takes on meaning when applied to facts. Hence an explanation or application of good faith is defined by its function namely to enforce the expected performance of both parties. It is further argued that the function of good faith will determine which fact pattern has to be found by a court in order to determine the expected performance of the contractual parties. It follows that good faith is the legal concept which allows courts to do justice and …
Treaty Of Amity, Commerce, And Navigation Between Brazil And The U.S., Prof. Dr. Attila S.L. Andrade Jr.
Treaty Of Amity, Commerce, And Navigation Between Brazil And The U.S., Prof. Dr. Attila S.L. Andrade Jr.
University of Miami Inter-American Law Review
This Article deals with the analytical history of the Treaty of Amity, Commerce and Navigation between the U.S. and Brazil. In the first part of the Article, the author analyzed all the provisions of the Treaty entered into between the two countries on December 12, 1828. The second part examined the historical causes for the early termination of the Treaty, 13 years after its execution. It suggests and evidences that the historical cause lies in a political factor, that is, the conflicts between a Republican form of government and the Brazilian Imperial political system. The third and final part of …
Reaching For Environmental And Economic Harmony: Can Ttip Negotiations Bridge The U.S.-Eu Chemical Regulatory Gap?, Ashley Henson
Reaching For Environmental And Economic Harmony: Can Ttip Negotiations Bridge The U.S.-Eu Chemical Regulatory Gap?, Ashley Henson
Georgia Journal of International & Comparative Law
No abstract provided.
The Trade Act Of 1974: Soviet-American Commercial Relations And The Future, Kenneth Klein
The Trade Act Of 1974: Soviet-American Commercial Relations And The Future, Kenneth Klein
Georgia Journal of International & Comparative Law
No abstract provided.
The Concept Of Compensation In The Field Of Trade And Environment, Shadia Schneider-Sawiris
The Concept Of Compensation In The Field Of Trade And Environment, Shadia Schneider-Sawiris
Georgia Journal of International & Comparative Law
No abstract provided.
Expropriation - Compensation - Agreement Reached Between The Government Of The United States Of America And The Government Of Peru On $76 Million As Compensation For Expropriated Properties Of United States Nationals, William M. Phillippe
Georgia Journal of International & Comparative Law
No abstract provided.
The Icelandic Fisheries Dispute: A Decision Is Finally Rendered, Roger A. Briney
The Icelandic Fisheries Dispute: A Decision Is Finally Rendered, Roger A. Briney
Georgia Journal of International & Comparative Law
No abstract provided.
The Convention On The Uniform Law Of International Bills Of Exchange And International Promissory Notes: A Comparison To The Uniform Commercial Code, Harold S. White
The Convention On The Uniform Law Of International Bills Of Exchange And International Promissory Notes: A Comparison To The Uniform Commercial Code, Harold S. White
Georgia Journal of International & Comparative Law
No abstract provided.