International Trade Law Commons^™

The Rome Statute: Global Justice And The Asymmetries Of Recognition, Hans Lindahl

Indiana Journal of Global Legal Studies

Given the emergence of challenges that are increasingly global in nature, and given the irreducible contingency of state borders, it would seem that justice must become global justice: justice that takes shape through a legal order that holds for all of humanity and everywhere. But is justice for all and everywhere possible? At issue, in this question, is not a rearguard defense of the state and state law. Instead, the question concerns the globality of global law and global justice. Is any legal order possible, global or otherwise, that organizes itself as an inside without an outside, that is, which …

Leaders In The Expansive And Restrictive Interpretation Of Investment Treaties: A Descriptive Study Of Isds Awards To 2010, Gus Van Harten

Articles & Book Chapters

This article provides an empirical analysis of interpretive discretion in investor–state dis- pute settlement (ISDS). Since the late 1990s, foreign investors have brought hundreds of investment treaty claims against states, leading to numerous awards in which arbitrators have interpreted investment treaties. Arbitrators may resolve ambiguities in the treaties in expansive or restrictive ways, thereby affecting the compensatory promise of ISDS for foreign investors and corresponding risks for states. Which arbitrators have contributed most to expansive or restrictive approaches? To examine this question, data was analysed on arbitrators’ resolutions of contested legal issues, such as the permissibility of parallel or minority …

Dictum On Dicta: Obiter Dicta In Wto Disputes, Henry S. Gao

Research Collection Yong Pung How School Of Law

This paper discusses an important legal issue raised by the United States in its recent attempt to block the reappointment of an Appellate Body member. According to the US, in some of his decisions, the member has made overreaching findings that amount to obiter dicta. As obiter dictum is a unique concept in the Common Law system, the US argument may only stand if the concept may be found in the WTO legal system as well. With a careful analysis of the concept of dicta in Common Law and a close examination of the effects of past panel and Appellate …

Does Trade Trump Law In The Protection Of Human Rights? International Trade, Law, And Human Rights In South Africa And South Korea, Cristina Campo

University of Miami International and Comparative Law Review

International relations have become categorically dependent on the sophisticated trading systems that interconnect and empower sovereign states. Thus, a state’s focus on protecting the rights of its individuals comprising and affected by that system would appear to come secondary to the economic decisions involved in conducting trade agreements. This article asks whether the international trade regime can be used to further the protection of human rights or whether such protection should be better left in the hands of legal entities in international bodies and sovereign states. I analyze South Korea and South Africa’s legal and trade regimes—two of the world’s …

Los 60 Años De La Convención De Nueva York Y La Práctica Jurisprudencial Internacional Frente Al Reconocimiento Y Ejecución De Laudos Extranjeros Anulados En La Sede Del Arbitraje, Marlon M. Meza-Salas

University of Miami International and Comparative Law Review

No abstract provided.

Bg Group V. Argentina: A Reiteration Of Undesired Complexity For A Simple Principle: Kompetenz-Kompetenz Under The Faa And The Uncitral Model Law, Ndifreke Uwem

University of Miami International and Comparative Law Review

No abstract provided.

Book Review: Business And Commercial Litigation In Federal Courts (Fourth), Roger Z. Bollman

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

No abstract provided.

Failing Our Workers: How The Fmla And Rfra Disadvantage Female Workers In The United States When Compared To Their European Union Counterparts, Penelope Scudder

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

No abstract provided.

One Size Fits All: Unaccompanied Alien Children And The Right To Appointed Counsel, Ginny Nunez, Esq.

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

No abstract provided.

Child Soldiers In Myanmar: Role Of Myanmar Government And Limitations Of International Law, Prajakta Gupte

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

No abstract provided.

The "Leniency Epidemic": A Study Of Leniency Granted To Convicted Rapists In America And Australia, Kathleen Tierney

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

No abstract provided.

A Prescription To Cure The High Cost Of Pharmaceuticals In America, Anthony J. Jensen

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

No abstract provided.

U.S. Policy In The Arctic: The Implications Of The South China Sea Arbitration Award On American Policy And Unclos, Brian Finneran

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

No abstract provided.

How Principles Of Sharia Law Could Encourage Savings By America's Poor, Joseph M. Ruth

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

No abstract provided.

Vigilante "Justice": The Need For An International Response To End President Duterte's Lawless Antidrug Campaign In The Philippines, Daniel Sawey

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

No abstract provided.

Untangling The Complicated Relationship Between International Humanitarian Law And Human Rights Law In Armed Conflict, Waseem Ahmad Qureshi

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

No abstract provided.

A Conceptual Incongruence Between International Laws Of Self-Defense And The International Core Crime Of Aggression, Salar Abbasi

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

No abstract provided.

Nato, The Eu, And The Arab Refugee Crisis, Shams Al Din Al Hajjaji

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

No abstract provided.

Pushing A Right To Abortion Through The Back Door: The Need For Integrity In The U.N. Treaty Monitoring System, And Perhaps A Treaty Amendment, Andrea Stevens

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

No abstract provided.

Anti-Conversion Laws And The International Response, Meghan G. Fischer

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

No abstract provided.

Foreward

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

No abstract provided.

Table Of Contents

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

No abstract provided.

Dedications

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

No abstract provided.

Jlia Masthead 2017-2018

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

No abstract provided.

How May China Respond To The U.S. Trade Approach? Retaliatory, Inclusive And Regulatory Responses, Heng Wang

Research Collection Yong Pung How School Of Law

This paper endeavours to conceptualize and provide an analytical framework for China’s response to U.S. trade policy. It analyses the following questions: what is the new U.S. trade approach? How might China respond to the United States’ trade approach? What are the trend and implications of China’s response to the U.S. trade approach? It argues, first, that the U.S. trade approach has not changed regarding most of the U.S.-style regulatory disciplines. However, it has changed in terms of the shift toward managed trade, unilateralism and trade enforcement. Second, China will likely adopt a three-track approach: consisting of retaliatory, inclusive and …

Digital Or Trade? The Contrasting Approaches Of China And Us To Digital Trade, Henry S. Gao

Research Collection Yong Pung How School Of Law

With the growing importance of the internet, digital trade, or electronic commerce, has become a key issue in international trade regulation. As the home to some of the largest internet companies in the world, the United States took the lead in bringing the issue into the WTO and has been the leading proponent on the issue. In contrast, the developing countries were quite sceptical and reluctant to engage on discussions on the issue. Recently, however, several developing countries has changed their positions and become more active participants. Chief among them is China, which has raised some interesting proposals both within …

Global Reform Of Investor-State Arbitration: A Tentative Roadmap Of China’S Emergent Equilibrium, Mark Mclaughlin

Research Collection Yong Pung How School Of Law

Investor-State arbitration is in a state of flux. In recent years, doubts about its adequacy have become apparent: questions of coherence, consistency, legitimacy, and utility have rendered fragile the central place of investor-State arbitration in global foreign direct investment (FDI) governance. Three threads of reform have been advanced as a corrective to these deficiencies, encompassing incremental reform, institutional reform, and fundamental reform. China is perhaps the most influential nation not to have declared a preference for one future or another. For over a decade, the Chinese approach to investor-State arbitration has been in a state of disequilibrium: bilateral investment treaties …

Trading Goods For Bad: Is Public Policy Undermined By Investor State Dispute Mechanisms?, Michelle C. Perez

University of Miami Inter-American Law Review

No abstract provided.

Transfer Mispricing In Africa: Contextual Issues, Edna Kabala, Manenga Ndulo

Southern African Journal of Policy and Development

Transfer pricing is a significant tax issue and lies at the core of international trade and globalisation. This brief raises contextual issues and challenges surrounding the experience of transfer mispricing in Africa. The brief comes at a time when African countries have consistently exhibited high real Gross Domestic Product (GDP) growth rates in the past two decades, and increased FDI inflows and technological upgrades have aided their high participation in global trade. Despite the profitability of MNEs operations in Africa, the investing firms are paying less in terms of tax. This has created a problem for African countries to raise …

Keynote Address To The Atlas Conference: “International Business Disputes In An Era Of Receding Globalism”, Lord Peter H. Goldsmith Qc, Pc

Georgia State University Law Review

This is a transcript of the luncheon keynote address by Lord Peter Goldsmith at the Sixth Annual Conference of the Atlanta International Arbitration Society (AtlAS) on October 23, 2017.

Lord Peter Goldsmith QC, PC, is London Co-Managing Partner and Chair of European and Asian Litigation at Debevoise & Plimpton LLP. He joined the firm after serving as the UK’s Attorney General from 2001-2007, prior to which he was in private practice as one of the leading barristers in London.

Lord Goldsmith has a long practice in arbitration and in the interface between arbitration and litigation. He appears as counsel for …