International Trade Law Commons^™

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Trump, Trade, And Trabajo: Renegotiating Nafta's Labor Accord In A Fraught Political Climate, Lance A. Compa

Indiana Journal of Global Legal Studies

Quitting the Trans-Pacific Partnership (TPP) and demanding renegotiation of the North American Free Trade Agreement (NAFTA)- along with its supplemental labor pact, the North American Agreement on Labor Cooperation (NAALC)-were among the first actions of the new U.S. Administration in 2017. NAFTA renegotiations concluded for the time being-in October 2018 with announcement of the United States-Mexico-Canada Agreement (USMCA) to replace NAFTA.

Controversial proposals on the bargaining table contained important implications for employment, labor rights, and labor standards in North America. This paper reviews the status of negotiations, the risks of losing the first-ever international instrument linking trade and labor standards …

Corporate Criminal Liability: Toward A Compliance-Orientated Approach, Gustavo A. Jimenez

Indiana Journal of Global Legal Studies

Under U.S. federal law, a corporation can be held criminally liable for the crimes of its employees and agents. The Department of Justice's U.S. Attorneys' Manual lays out a list of factors prosecutors can evaluate when deciding whether or not to prosecute a corporate entity. The Department of Justice (DOJ) prosecutors have various tools at their disposal, including deferred prosecution agreements (DPAs) and non-prosecution agreements (NPAs) as alternatives to going to trial. Prosecutors have used DPAs and NPAs in recent cases, allowing the government to ensure that corporate entities comply with investigations, enact compliance programs, and continue to follow laws …

World Trade, Imperial Fantasies And Protectionism: Can You Really Have Your Cake And Eat It Too?, Csongor I. Nagy

Indiana Journal of Global Legal Studies

Populism is telling voters what they want to hear, knowing that it is neither true, nor feasible. Lately, trade and economic integration has seen the spread of untrue and unfeasible tenets, which have proved to be highly popular and have received a warm welcome. Fueled by imperial fantasies and nostalgia for the long-gone era of protectionism, the tectonic movements of world trade have generated a good deal of populist resistance based on the self-delusion that the Gordian knot of world trade needs not to be disentangled but can be simply cut. Unfortunately, however popular and appealing these allegations are, they …

Original Nation Approaches To "Inter-National" Law (Onail): Decoupling Of The Nation And The State And The Search For New Legal Orders, Hiroshi Fukurai

Indiana Journal of Global Legal Studies

To elucidate the basic tenet of ONAIL, this paper is structured in the following way.5 The first section defines the nation and the state, as the misuse of these terms and related concepts has gravely obscured, distorted, and misrepresented the identity, role of law, geography, history, and reasons and causes behind conflicts and wars, regional struggles, refugee flows, genocide, human rights violations, and rapidlydegrading condition of natural environment and ecosystems. Terms such as the state, nation, and nation-state have been used interchangeably, despite the fact that their origins, geographies, histories, and relations to the role of law are quite distinct. …

Bridging The Gap Between Daca And The Dream: The Bridge Act, What It Means, And Why It Matters, Ellen E. Findley

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

No abstract provided.

Clarity In The Code Du Travail: The Plain Language Movement, French Legislative Drafting, And President Macron’S Collective Bargaining Reform, Adam Boyd

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

Although the French Code is known as concise and elegant, the French Labor Code, or the Code du Travail, is not.1 Recent reform to the Code du Travail provides a chance to study Plain Language use in France in 2017. This Comment briefly introduces what Plain Language is, its goal of making the law easier to read, and the international movement to implement Plain Language legal reforms. The Comment then introduces a summary of the French legal system relevant to discussion of the Code du Travail, including how legislation is passed and the structure of a French statute. Next, the …

“One Is The Loneliest Number”: A Comparison Of Solitary Confinement Practices In The United States And The United Kingdom, Daniella Johner

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

No abstract provided.

American Immigration: A Path Of Return To A Pre-Modern Ideal Of Open Immigration Policy, Zachary J. Carls

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

No abstract provided.

The Mystery Of The Corporate Veil: Comparing Anglo-American Jurisdictions, Peter N. Levenberg, Sc

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

No abstract provided.

Neutrality, Independence And Impartiality In International Commercial Arbitration, A Fine Balance In The Quest For Arbitral Justice, Ronán Feehily

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

No abstract provided.

Precarious Childhood: Law And Its (Ir)Relevance In The Digital Lives Of Children, Liat Franco, Shulamit Almog

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

This research provides insight to the way children perceive law and its relevance in the digital realm drawing on in- depth semi-structured interviews with sixty-six eighth- and ninth-grade students from three different Israeli middle schools. According to the findings, children experience the digital world as a precarious environment. Most children interviewed where unaware of or misunderstood relevant legal norms designed to protect web users in general and children in particular. Moreover, children experienced a lack of legal or other appropriate responses to severe incidents of cyberbullying that they experienced firsthand or witnessed as bystanders. Even though children are considered by …

Game Of Thrones: The Qatar Crisis, Forced Expulsions On The Arabian Peninsula, Christopher R. Rossi

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

In an extraordinary move, reflecting the Arabian Peninsula’s worst diplomatic dispute in decades, the UAE, Saudi Arabia, Bahrain, and Egypt have expelled Qatari nationals and imposed an air and sea blockade against Qatar because of its alleged support of terrorist organizations. In June 2018, Qatar filed suit against the UAE at the International Court of Justice, alleging discrimination in violation the International Convention on the Elimination of All Forms of Racial Discrimination. This Article explores the problem of forced expulsion and the utility of formal judicial redress at the level of the ICJ. Borrowing from the frame analysis of Erving …

Foreword

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.

Dedication

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

No abstract provided.

Jlia Masthead 2018-2019

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

No abstract provided.

The Intricate Relationship Between Intellectual Property Exhaustion And Free Movement Of Goods In Regional Organizations: Comparing The Eu/Eea, Nafta, And Asean, Irene Calboli

Faculty Scholarship

This article explores the relationship between national rules on the exhaustion of intellectual property (IP) rights and cross-border trade within regional organizations. In particular, this article compares three distinct approaches adopted by: the European Union (EU); the North American Free Trade Area (NAFTA); and the Association of South East Asian Nations (ASEAN). Based on this comparison, this article concludes that in order to effectively promote the free movement of goods, members of regional organizations need to consistently adopt national policies on IP exhaustion that support, at least, a system of regional exhaustion such as currently found in the EU. However, …

Improving Human Rights Compliance In Supply Chains, Kishanthi Parella

Scholarly Articles

Corporations try to convince us that they are good global citizens: “brands take stands” by engaging in cause philanthropy; CEOs of prominent corporations tackle a variety of issues; and social values drive marketing strategies for goods and services. But despite this rhetoric, corporations regularly fall short in their conduct. This is especially true in supply chains where a number of human rights abuses frequently occur. One solution is for corporations to engage in meaningful human rights due diligence that involves monitoring human rights, reporting on social and environmental performance, undertaking impact assessments, and consulting with groups whose human rights they …

The Role Of International Rules In Blockchain-Based Cross-Border Commercial Disputes, Tonya M. Evans

Law Faculty Scholarship

[excerpt] The concept of online dispute resolution (ODR) is not new. 1 But, with the advent of Web 3.0, the distributed web that facilitates pseudonymous and cross-border transactions via blockchain's distributed ledger technology, 2 the idea of, and pressing need for, appropriate dispute resolution models for blockchain-based disputes to support this novel system of distributed consensus and trust of which blockchain proponents boast, is a primary concern in rapid development. 3 The common goal of each project is to utilize smart contracts to facilitate "superior, quicker[,] and less expensive proceedings by eliminating so many of the tedious and protracted trappings …

Forced Technology Transfer And The Us-China Trade War: Implications For International Economic Law, Julia Ya Qin

Law Faculty Research Publications

No abstract provided.

The Casualty Of Investor Protection In Times Of Economic Crisis, Kathleen Claussen

Articles

No abstract provided.

The Return Of Deregulation And Trickle-Down Economics In The Age Of Trump: Why The Efficient Market Hypothesis Refuses To Die And The Implications For U.S. Economic Policy At Large, 5 J. Marshall Global Mkt. L.J. 1 (2019), Matthew Glass

John Marshall Global Markets Law Journal

The 2008 market collapse created economic devastation not seen in the United States since the Great Depression. More than a decade later, the reappearance of a fiscal agenda rooted in deregulation and trickle-down economics risks a return to the boom and bust cycles that have unfailingly wrought great economic pain on the American people. The ever-increasing inequality gap between the rich and poor is particularly concerning.

Should Cryptocurrencies And Initial Coin Offerings (Icos) Be Regulated Under Australian Financial Services Laws?, 5 J. Marshall Global Mkt. L.J. 27 (2019), Daniela Lai

John Marshall Global Markets Law Journal

The rise of the popularity of cryptocurrencies in the last few years has sparked international debate as to the characterization of cryptocurrencies and tokens issued by ICOs. The decentralized nature of cryptocurrencies and ICOs raises fundamental challenges as to the parties and tokens that should be regulated and how they should be regulated. This Article proposes that tokens which are similar to securities should be regulated like securities. Under Australian law, this Article proposes that digital currencies should be categorized as financial products with the exception of utility tokens. Entities issuing ICOs and cryptocurrency exchanges should be subject to disclosure …

Replacing Libor: Dangerous Improvisation, 5 J. Marshall Global Mkt. L.J. 49 (2019), Karl Muth

John Marshall Global Markets Law Journal

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Cross-Border Scope Of Private Cause Of Action Under The Commodity Exchange Act, 5 J. Marshall Global Mkt. L.J. 58 (2019), Alina Petrova

John Marshall Global Markets Law Journal

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A Mathematical Solution To The Sine Of Madness That Is Pharmaceutical Compulsory Licensing Under The Trips Agreement And The Doha Declaration, Ashley E. Sperbeck

Marquette Intellectual Property Law Review

A viable economic solution is necessary to address the shortcomings, textual ambiguities, and deficiencies engulfing international patent protection, leading to the inability of LDCs facing public health crises or national emergencies and lacking pharmaceutical manufacturing facilities to obtain generic pharmaceuticals. This Note poses a solution to this problem via another Amendment to the TRIPS Agreement and the Doha Declaration, which provides a mathematical framework to determine when and under what circumstances a compulsory license should be granted. Furthermore, this Note contemplates establishment of a WTO subcommittee to oversee this proposed solution and to ensure compliance with this Amendment. This concrete …

Can “Imfcoin” Be Scaruffi's Moneta Immaginaria?, Alexander M. Heideman

Marquette Intellectual Property Law Review

Cryptocurrencies have taken the world by storm. But these decentralized and unregulated digital fiat currencies have more in common with the currencies of ages past than many believe. These commonalities may result in the incorporation of new cryptocurrencies into older institutions. One such institution is the International Monetary Fund's Special Drawing Rights (SDRs), which has bene relegated to an afterthought in the international monetary system since the Nixon Shock in 1971. The Fund's Managing Director recently made comments that indicated that the Fund is exploring the incorporation of a cryptocurrency into the framework of the SDR, a change which China …

Finding A Forest Through The Trees: Georgia-Pacific As Guidance For Arbitration Of International Compulsory Licensing Disputes, Karen Mckenzie

Marquette Intellectual Property Law Review

This paper will examine the challenges of international compulsory licensing by examining the issue historically and legally as well as offer possible solutions. Thus, this paper will explore the challenge of balancing corporate interests against the affordability and availability of pharmaceuticals by focusing on discrete situations in developing countries, the history of compulsory licensing, and how the World Health Organization (the “WHO”) and the WTO have attempted to tackle these challenges through compulsory licensing, and it will suggest a possible framework for use in arbitration, which balances equities through a Georgia-Pacific analysis.

Controlling Cargo: Amazon’S Predatory Attempt To Disrupt The Fashion Industry By Dominating The International Transportation Of Goods, Mary Kate Brennan

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.