International Trade Law Commons^™

Endnotes, Joan F. Chu

Sustainable Development Law & Policy

Underserved Communities Trashed by Plastic; Continued

And Endnotes

Underserved Communities Trashed By Plastic: Slowing The Proliferation Of Petroleum Based Products Through Stewardship Laws And Enhanced Back-End Regulatory Solutions, Joan F. Chu

Sustainable Development Law & Policy

Introduction

Plastic pollution has attracted a tremendous amount of attention and press coverage in early 2021 as evidenced in news stories; an episode of John Oliver’s show, “Last Week Tonight”; and a viral tweet from Greta Thunberg highlighting a study linking plastic pollution to human penises shrinking. These eye-catching pieces stemmed from Dr. Shanna H. Swan’s work that culminated in her book, Count Down: How Our Modern World Is Threatening Sperm Counts, Altering Male and Female Reproductive Development, and Imperiling the Future of the Human Race. Other articles have highlighted plastic pollution’s impact on polar bears, which causes their penis …

Bison, Tribes, And Brucellosis In The Interagency Bison Management Plan, Bailey Nickoloff

Sustainable Development Law & Policy

Introduction

It would be in the best interest of the Interagency Bison Management Plan (“IBMP”) and its affiliated agencies to allow Tribal governments and Tribal members to hunt bison within Yellowstone National Park (“YNP”). This would help to reduce the spread of brucellosis, reduce the environmental impacts from bison in YNP, and honor the treaties signed between the United States and Tribal governments. These agencies can accomplish this by implementing treaty hunting rights in a new Environmental Impact Statement (“EIS”) and within an existing legal framework.

Paving A Path To Independent Tiny Living: An Introduction To Roadblocks, Jaclyn Troutner

Sustainable Development Law & Policy

“Tiny living” is a growing trend in which small-scale, ecoconscious housing is used as an alternative means for homeownership. Tiny homes are smaller than the average detached home with the appearance and character of a traditional freestanding residential home. They are one-story, single-occupant dwellings and usually constructed on a trailer base for towing. State-of-the-art building techniques provide a lower environmental burden and utility cost per square foot. Due to their smaller size, tiny homes are cheaper with an average price of $52,000, opening a wider door to home ownership. The typical design is to include all the standard amenities and …

Rulemaking Doubletake: An Opportunity To Repair And Strengthen The National Environmental Policy Act, Rachel Keylon

Sustainable Development Law & Policy

Introduction

In the middle of the twentieth century, there was a turning point in the United States and around the world in the understanding of the human relationship with the natural environment and natural resources. It was a shift from a perspective of natural resources endlessly available for exploitation to a perspective that natural resources are finite, and conservation and preservation are necessary to ensure that these resources are available for future generations. The accumulation of chronic environmental degradation, such as the unchecked proliferation of pesticides and other toxic chemicals, pollution to the nation’s waters, loss of land to erosion, …

About Sdlp

Sustainable Development Law & Policy

The Sustainable Development Law & Policy Brief (ISSN 1552-3721) is a student-run initiative at American University Washington College of Law that is published twice each academic year. The Brief embraces an interdisciplinary focus to provide a broad view of current legal, political, and social developments. It was founded to provide a forum for those interested in promoting sustainable economic development, conservation, environmental justice, and biodiversity throughout the world.

Because our publication focuses on reconciling the tensions found within our ecosystem, it spans a broad range of environmental issues such as sustainable development; trade; renewable energy; environmental justice; air, water, and …

Editor's Note, Juliette Jackson, Bailey Nickoloff

Sustainable Development Law & Policy

Dear Readers,

For more than two decades, the Sustainable Development Law and Policy Brief (SDLP) remains true to its mission of providing innovative solutions to some of the most important legal issues related to environmental law, energy law, and natural resources law. We are honored to be the Editors-in-Chief during these unprecedented times in our history, as we witnessed a historical presidential election and now enter the third year of the COVID-19 global pandemic. Despite these unparalleled times, the SDLP staff brought our readership another great issue.

In this issue, our authors provide an in-depth analysis into current regulations and …

Law School News: Sanctions On Russia: Imperfect But Necessary 03-02-2022, Gregory W. Bowman

Life of the Law School (1993- )

No abstract provided.

Tariffs And Threats In Us Trade Policy: Debunking The Myth Of "Global Reset", Julien Chaisse, Debashis Chakraborty

Vanderbilt Journal of Transnational Law

In June 2020, the United States pushed for a "reset"of tariffs at the World Trade Organization (WTO). This move was heralded as necessary for the United States to level the uneven playing field caused by "high bound tariff rates." Ordinarily, the United States perceives trade remedies as a defensive measure. However, in this context, the United States seems to be preemptively acting against any misapplied, anti-dumping duties that it may face. For this reason, a global reset of tariffs will likely find support. It can be counterproductive for the new US administration to pursue such a strategy. If realized, it …

Foreword To The Special Issue On "Building A Sustainable Future: New Asian Regionalism In International Economic Law", Pasha L. Hsieh

Research Collection Yong Pung How School Of Law

We live in an unprecedented time, which witnesses the rapid transformation of global trade and politics. The neoliberal legal order in the post-war era has recently encountered multifaceted threats. Rising populist nationalism, US-China tensions and the COVID-19 pandemic have led to diverse forms of trade protectionism that has eroded the normative basis of international economic law. The Russian invasion of Ukraine and corresponding economic sanctions have further worsened the instability of the increasingly fragile supply chain and multilateral trading system. Amid these challenges, new Asian regionalism has emerged to shape and construct the new regional economic order. In response to …

The Eu-China Comprehensive Agreement On Investment: Between Strategic Opportunity And Strategic Autonomy, Henry S. Gao

Research Collection Yong Pung How School Of Law

This article provides a critical analysis of the EU-China Comprehensive Agreement on Investment (CAI), which was concluded in principle by the EU and China on 30 December 2020. It was hailed as “the most ambitious agreement that China has ever concluded with a third country” by the EU, and a “high-level” agreement that matches “international high-level economic and trade rules” by China. Upon a closer examination, however, such rhetoric does not appear to be warranted as the Agreement failed to add much in terms of substance. What, then, explains the rationale between the Agreement? This article argues that the key …

Mapping Sustainable Development In Investment Treaties: An Analysis Of Asean States' Practice, Mark Mclaughlin

Research Collection Yong Pung How School Of Law

The interaction between sustainable development and international investment treaties is of growing concern. Could investment protection stymie health regulation? Will States be sued for introducing measures to tackle climate change? A growing body of sustainability-related case law is evidence that arbitral tribunals balance investment obligations against States’ ability to regulate for national security, health, the environment, labour rights, transparency, and corporate social responsibility. Against this background, this paper maps sustainable development issues in 371 bilateral investment treaties (hereinafter “BITs”) concluded by the Association of Southeast Asian Nations (ASEAN) States. It finds that only 26% of these treaties make any reference …

The Roadmap To The Asean-Eu Fta In The Post-Pandemic Era, Pasha L. Hsieh

Research Collection Yong Pung How School Of Law

Relations between the Association of Southeast Asian Nations (ASEAN) and the European Union (EU) have enriched the multifaceted concept of interregionalism from legal and international relations perspectives. The article argues that the transformative ASEAN-EU frameworks have shaped the Third Interregionalism. Brussels' building-block approach envisions pathfinder agreements with individual ASEAN states as the basis for the ASEAN-EU FTA, which will help realize the EU's Indo-Paafic strategy and the ASEAN-EU Strategic Partnership. The designs of the EU's trade and investment agreements with Singapore and Vietnam are therefore critical. The article assesses core areas such as tariff liberalization and ASEAN cumulative rules of …

Is Popia Bad Business For South Africa? Comparing The Gdpr To Popia And Analyzing Popia’S Impact On Businesses In South Africa, Brea Jones

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

No abstract provided.

The Road To Independence: Historical Background, Legality, And Legitimacy Of The Proposed Secession Of The Bosnian Serbs From Bosnia And Herzegovina, Paul Pepi

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

No abstract provided.

Programming A Fair Use: The Limitations Of Judicial Precedent, Patrick Misale

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

No abstract provided.

Neutrality, Accommodation, Or Compromise: Comparing The Effectiveness Of Three Approaches Towards Protecting Religious Freedom, Beth Anne Patterson

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

No abstract provided.

How Uber’S Regulatory Success In The United States Slowed Its International Expansion, Grace A. Canfield

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

No abstract provided.

Aboriginal Transboundary Passage Rights On Connected United States Watercourses: From Canada To Mexico, Indigenous North American Reconciliation, Christopher Mark Macneill

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

No abstract provided.

Not So Respectful Consideration: The U.S. Supreme Court’S Deference Or Lack Thereof To Foreign Government Statements Of Law, Cindy G. Buys

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

The amount of deference due foreign governments’ statements regarding the meaning of foreign law has long plagued U.S. courts. Courts have applied a variety of approaches in answering this question, including reliance on doctrines of international comity, respectful consideration, and Rule 44.1 of the Federal Rules of Civil Procedure. The U.S. Supreme Court recently attempted to provide additional guidance to lower courts and litigants in Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co., Ltd., where it created a new, five-factor test. However, application of this new test is likely to generate continued uncertainty and inconsistency in this area of …

China’S Defense Of Its Human Rights Policies, Daniel C.K Chow

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.

Foreward

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

No abstract provided.

Lost Grounds In Us Trade Integration, John C. Beghin

Cornhusker Economics

Growing World Trade Organization (WTO) membership and plurilateral trade agreements have increasingly occurred in the last 20 years leading to unprecedented market integration. However, in the last 5 years, the United States (US) has been diverging from its traditional role as a main driver of this integration. In contrast, Europe has been integrated progressively within itself and beyond, outpacing the US. The article documents these trends and changes. This article is based on a longer working paper and an article in EuroChoices coauthored with Jill O’Donnell.

Federally Mandated Online Sales Tax: A Logistical Solution For The Future Of E-Commerce, Daniel O'Connor

DePaul Business & Commercial Law Journal

No abstract provided.

Economic Structural Transformation And Litigation: Evidence From Chinese Provinces, To Economic Change And Restructuring, Doug Bujakowski, Joan Schmit

DePaul Business & Commercial Law Journal

No abstract provided.

The "Business Interruption" Insurance Coverage Conundrum: Covid-19 Presents A Challenge, Paul E. Traynor

DePaul Business & Commercial Law Journal

No abstract provided.

Misalighned Incentives In Markets: Envisioning Finance That Benefits All Of Society, Dr. Ryan Clements

DePaul Business & Commercial Law Journal

No abstract provided.

The Second Transformation Of The International Intellectual Property Regime, Peter K. Yu

Faculty Scholarship

This chapter focuses on the structural changes that international investment norms have posed to the international intellectual property regime. It begins by documenting the regime’s first transformation by the adoption of the TRIPS Agreement and the marriage of intellectual property and trade through the World Trade Organization. The chapter then explores the regime’s potential second transformation when bilateral, regional, and plurilateral agreements and new investor-state disputes have caused international investment norms to intrude into the intellectual property domain. It continues to identify three sets of problems that have emerged from such intrusion. The chapter concludes by proposing three solutions to …