International Trade Law Commons^™

Promising Trail Or Perilous Trap? Engaging China In The Wto And Beyond, Henry S. Gao

Research Collection Yong Pung How School Of Law

How to deal with China? This is the biggest question confronting U.S. trade policy - or even the United States' entire foreign policy - today. Over the past few years, the debate on this important issue has benefited from the contributions of many trade law scholars, including those by Mark Wu, Jennifer Hillman, Petros Mavroidis, André Sapir, Rob Howse, Weihuan Zhou, and the present author. In Governing the Interface of U.S.-China Trade Relations, Gregory Shaffer offers refreshing insights. Building on the framework developed by the U.S.-China Trade Policy Working Group, of which he is a member, Shaffer further adjusts the …

China's Regulatory Crackdowns And U.S.-China Trade And Investment Relations, Henry S. Gao

Research Collection Yong Pung How School Of Law

China's regulatory crackdowns have affected U.S. and Chinese companies, but protectionist trade policies implemented by the Trump administration and continued by the Biden administration have severely restricted the ability of the U.S. government to protect U.S. businesses in the Chinese market. Unless the U.S. government changes course, American companies will be increasingly less able to address perceived wrongs in Chinese government policies and will be placed at a significant economic disadvantage in much of Asia.

E-Commerce Governance: Back To Geneva?, Henry S. Gao

Research Collection Yong Pung How School Of Law

The World Trade Organization (WTO) is no stranger to e-commerce governance. It launched its first initiative to regulate e-commerce1 at its second Ministerial Conference in May 1998, a few months before Google was founded. At the Ministerial Conference, WTO members adopted the Declaration on Global Electronic Commerce, 2 which recognized the “new opportunities for trade,” and directed the General Council to “establish a comprehensive work programme to examine all trade-related issues relating to global electronic commerce, including those issues identified by Members.”

Zoonotic Pathogens From Illegally Traded Wildlife Justify Adopting The One Health Perspective In Disease Response, Marianne Allison G. Lee, Vinyl Joseph S. Valeza, Jonathan Patrick H. Yan, Ronald Allan L. Cruz

Biology Faculty Publications

Recent studies have described a direct relationship between the illegal wildlife trade (IWT) and the prevalence of zoonotic pathogens in human populations. In the Philippines, the Philippine Integrated Disease Surveillance and Response (PIDSR) framework outlines the monitoring, response, and management of disease outbreaks, but needs to be updated in the wake of zoonoses from IWT. Here, we identified zoonotic pathogens that may be introduced to human populations through the IWT, pinpointed potential outbreak hotspots, and provided recommendations on how to improve the Philippines’ public health response while considering One Health. Using seizure data from the Biodiversity Management Bureau (DENR-BMB) covering …

Export Restrictions On Covid-19 Vaccines: What Developing Countries Can Do Under The Wto Law?, Ngurah Parikesit Widiatedja

Indonesian Journal of International Law

The COVID-19 pandemic has wreaked havoc on the global economy and trade, since production and consumption have been reduced around the world. The production and distribution of COVID-19 Vaccines caused unequal distribution as some developed countries have imposed export restrictions. As a result, wealthier countries are resuming normalcy, while the rest of the world continues to struggle to vaccinate its citizens. Article XI(2)(a) of The General Agreement on Tariffs and Trade exceptions allow members the legal ability to impose export restrictions if they meet specific criteria: they must be temporary, confined to foodstuffs and vital products, and enforced in the …

Monsanto: Creator Of Cancer Liability

DePaul Business & Commercial Law Journal

No abstract provided.

Impact Of Corporate Response To Controversial Presidential Statements Or Policies

DePaul Business & Commercial Law Journal

No abstract provided.

On The Horizon: Nanosatellite Constellations Will Revolutionize The Internet Of Things (Iot), Diane Janosek

Seattle Journal of Technology, Environmental, & Innovation Law

The Internet of Things has experienced exponential growth and use across the globe with 25.1 billion devices currently in use. Until recently, the functionality of the IoT was dependent on secure data flow between internet terrestrial stations and the IoT devices. Now, a new alternative path of data flow is on the horizon.

IoT device manufacturers are now looking to outer space nanosatellite constellations to connect to a different type of internet. This new internet is no longer terrestrial with fiber cables six feet underground but now looking up, literally, 200 to 300 miles above the earth, to communicate, connect …

On The Feasibility Of Speed Limits In Ocean Container Shipping, Manwo Ng

Information Technology & Decision Sciences Faculty Publications

The maritime industry is witnessing an increasingly loud call to contribute to the global trend towards environmental sustainability and decarbonization. One possible policy measure is the use of speed limits to reduce harmful emissions from ocean shipping. While the idea of slowing down ships to obey speed limits might seem intuitive, one key distinguishing characteristic of container shipping is that it is designed to adhere to a fixed, typically weekly, sailing schedule. This paper contributes to the literature investigating the feasibility of speed limits by demonstrating that speed limits are not always feasible in container shipping because of the rigid …

Private Equity And Venture Capital In Germany: How Europe’S Heartland Is Poised To Become The Next Bay Area, Jake Besanceney

Northwestern Journal of International Law & Business

Abstract

This note examines the current state of private equity and venture capital activity and investment in Germany, and specifically in Berlin, in relation to the state of such activity and investment that existed in the San Francisco Bay Area prior to and following its tech explosion in the late twentieth century. Numerous factors such as political and ethnic diversity, a comparatively lower cost of living, and proximity to higher education institutes are propelling Berlin’s startup and tech scenes, and are eerily reminiscent of similar factors that fueled the Bay Area’s growth and attracted private equity and venture capital activity …

Unraveling The Longstanding Riddle About The Doctrine Of Legitimate Expectation Under International Investment Law: Ascertaining Legal Tests For The Customary International Law’S Minimum Standard Of Treatment, Haneul Jung, Nu Ri Jung

Northwestern Journal of International Law & Business

In 2018, the ICJ rendered a judgment in Bolivia v. Chile that effectively denied the status of the doctrine of legitimate expectation as a customary international law. The ICJ’s judgment came as a surprise to many in the international arbitration community because a whole host of international tribunals established under various investment treaties have found that this doctrine, as well as the broader principle of “fair and equitable treatment,” has effectively attained the status as the “minimum standard of treatment” under customary international law. Given the lack of elaborated reasoning, however, the ICJ’s ruling fails to resolve the recurring debate …

The Disaster Chain: Counter-Mapping Global Value Chains, Peer Zumbansen

Northwestern Journal of International Law & Business

Abstract: Prevailing accounts by consultancies and logistics scholars present global value chains [GVCs] as an expression of contemporary international economic integration and connectivity. As such, they are considered crucial to the pursuit of economic growth and prosperity. At the same time, GVCs are deemed susceptible to “disruptions” through natural catastrophes, restrictive trade policies or pandemics. Left out of the standard narratives, even in light of the experience of the global Coronavirus pandemic, is the actual, as such disruptive impact of global value chain capitalism on human and natural lives. Dominant depictions of global value chain governance treat labor, environment and …

Protecting Children In The Age Of End-To-End Encryption, Laura Draper

Joint PIJIP/TLS Research Paper Series

No abstract provided.

The African Continental Free Trade Area: Local Content Requirements As A Means To Addressing Africa's Productive Capacity Constraints, Nchimunya D. Ndulo

Michigan Journal of International Law

The Agreement Establishing the African Continental Free Trade Area (AfCFTA) presents an unprecedented opportunity for African integration and is projected to spur unprecedented levels of job growth and productivity, and to drive sustainable economic development. However, as the implementation of the AfCFTA unfolds, it is apparent that certain bottlenecks stand in the way of the AfCFTA achieving its full potential. The bottleneck at the core of the AfCFTA’s effective implementation is the limited availability of tradable goods due to the limited productive capacity of many State Parties. This article argues that the implementation of local content requirements by State Parties, …

“‘Made In China’ . . . Is A Warning Label”: Is America Doing Enough?, Devin Kathleen Epp

Seattle University Law Review

This Note explores China’s repressive actions against the Uyghur population and calls upon the U.S. to address these human rights violations. Part I discusses the background and human rights violations in Xinjiang, also known as the Xinjiang Uyghur Autonomous Region (XUAR). Part II addresses U.S. economic regulations and sanctions imposed against actors involved in Xinjiang’s forced labor industry. Part III analyzes previous U.S. strategies and sanction regimes implemented to combat human rights violations in other countries. This Note recommends that the U.S. implement a more robust multilateral framework to combat the Xinjiang cultural genocide and impose secondary sanctions against China …

Taxing, Regulating, And Trading Carbon: An Introduction To The Symposium, Timothy Meyer

Faculty Scholarship

No abstract provided.

The Remote Nature Of International Trade Transactions, Tahirih V. Lee

Scholarly Publications

During the spring of 2020 through the spring of 2021 of the COVID-19 pandemic, most of the courses at the Florida State University College of Law were moved to Zoom in order to be taught remotely. This transition was painful and inadequate for many of the traditional-style law school courses. However, FSU's International Trade Transactions course, which has operated around a digitized transactional world for twenty years, smoothly transitioned to remote learning. As the teacher of this course, I would like to explore what students learn in that transactional world, and also how that learning helps the students after law …

Appointing Arbitrators: Tenure, Public Confidence, And A Middle Road For Isds Reform, Thomas D. Grant, F. Scott Kieff

Michigan Journal of International Law

Many governments now join academics and activists in questioning whether ad hoc tribunals, which comprise private individuals holding no tenured role on a court, ought to be entrusted with deciding cases, where the resultant awards sometimes impose significant financial burdens on the respondent State, constrain the State’s regulatory choices, and affect the interests of third parties. Investor-State dispute settlement (ISDS), during the great expansion of its practice over the past quarter century, has relied on party-appointed arbitrators to constitute the ad hoc tribunals that hear and decide cases that investors bring. Moved by a turn of public sentiment in recent …

Table Of Contents

Seattle University Law Review

Table of Contents

South Africa’S Reformed Investment Regime As A Model For Developing Countries, John Mayer

Lewis & Clark Law Review

Beginning in 2012, South Africa decided to unilaterally terminate many Bilateral Investment Treaties (BITs) with European countries—this represented a departure from the 1990s, where South Africa, like many other developing countries, entered into BITs with wealthy, capital-exporting states in the hopes of attracting foreign direct investment. In 2015, South Africa enacted, in place of the BITs, the Protection of Investment Act, designed to protect foreign investors while also providing the state more freedom to regulate in the public interest. This Comment analyzes the history of South Africa’s BIT policy, and argues that South Africa has suffered minimally, if at all, …

Trade Transparency: A Call For Surfacing Unseen Deals, Kathleen Claussen

Articles

For many years, the executive branch has concluded foreign commercial agreements with trading partners pursuant to delegated authority from Congress. The deals govern the contours of a wide range of U.S. inbound and outbound trade: from food safety rules for imported products to procedures and specifications of exported goods, to name two. The problem is that often no one-apart from the executive branch negotiators- knows what these deals contain. A lack of transparency rules has inhibited the publication of and reporting to Congress of these unseen deals. Dozens if not hundreds of foreign commercial deals are unseen in two ways: …

Trade's Mini-Deals, Kathleen Claussen

Articles

The modern consensus is that U.S. trade law is made through statute and through large congressional-executive agreements, both of which maintain Congress' constitutional primacy over the regulation of foreign commerce. Contrary to this understanding, however, short, targeted agreements negotiated by the U.S. executive with foreign trading partners - recently referred to as "mini-deals" - have become a fixture of the trade law landscape over the last three decades in staggering number. More than 1,200 such agreements govern the movement of goods and services in and out of the United States from and to 130 countries. Such deals are not only …

Protection Of Test Data Under Article 39.3 Of The Trips Agreement: Advancements And Challenges After 25+ Years Of Interpretation And Application, Eric M. Solovy

Northwestern Journal of International Law & Business

Among the types of intellectual property rights covered by the TRIPS Agreement, WTO Members must, pursuant to Article 39.3, protect certain test and other data submitted “as a condition of approving the marketing of pharmaceutical or of agricultural chemical products.” Such protection provides the incentives necessary for the biopharmaceutical industry to conduct the lengthy, expensive multi-phased clinical testing that is required to demonstrate the safety and effectiveness of a new drug or vaccine.

Test data protection has become increasingly more important to the development of new medicines in the past several years. That is in significant part because biologics (i.e., …

Unjustly Vilified Trips-Plus:? Intellectual Property Law In Free Trade Agreements, Marketa Trimble

American University Law Review

Intellectual property (IP) law provisions of free trade agreements (FTAs) have attracted much criticism. Critics have argued that FTA negotiators, succumbing to the lobbying of various stakeholders, have eliminated or significantly limited many of the flexibilities that multilateral treaties had created, forced stronger IP protection onto developing countries, and fragmented international IP law. While agreeing with a great deal of the criticism expressed by others, this Article departs from the typical vilification of FTAs by identifying and analyzing the positive features of FTA IP provisions that are worth replicating and expanding in future FTAs. These positive features include provisions concerning …

Invisible Workers, Desiree Leclercq

Scholarly Works

In the parable, The Emperor Has No Clothes, an emperor walks naked through a public procession, assured by his own pride and vain advisors that he was wearing a magnificent robe visible only to the smart and worthy. Like the emperor, governments imagine that they have cloaked international economic law in a new “worker-centered” trade policy. This essay explains how their efforts have merely exposed the deficits in international economic law. They have failed to account for asymmetries between capital and labor and hierarchies between sectors of workers. They also exclude the voices of the world's most vulnerable workers—particularly those …

Introduction To The Symposium On Gregory Shaffer, "Governing The Interface Of U.S.-China Trade Relations", Harlan G. Cohen

Scholarly Works

What happens to international institutions when expectations about their function and purpose shift? Must such institutions give way as states reconsider the settlements on which those institutions are based, or can they adapt (or be adapted) to new geopolitical realities? Or to put it most bluntly, as the geopolitical balance of power shifts, must law give way to power? At a very deep level, these are the questions animating Gregory Shaffer's "Governing the Interface of U.S.-China Trade Relations," published in the American Journal ofInternationalfaw. 1 As the ballooning rivalry between the United States and China stretches and strains institutions like …

Voices From Below—Africa’S Contribution To The Development Of The Norm Of Corporate Responsibility To Respect Human Rights, Akinwumi Olawuyi Ogunranti

PhD Dissertations

The long conversations about corporate responsibility predominantly take place in forums and conferences in the Global North. Yet, the majority of the human rights abuses and their impacts are felt by peasants, farmers, children, and women in local communities in the Global South who do not have a voice in the institutionalized governance systems that animate global affairs. This thesis answers the question of how norms and human rights institutions in Africa can influence the corporate responsibility to respect (CR2R) norm as embedded in pillar II of the United Nations Guiding Principles on Business and Human Rights. Through the theory …

Changemakers: The Line Between Talent And Desire, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Designing An Equitable Border Carbon Adjustment Mechanism, Ivan Ozai

Articles & Book Chapters

Policy makers worldwide have increasingly considered the adoption of a carbon adjustment at the border to equalize carbon pricing on foreign goods with carbon policies imposed on domestic production. The implementation of a border carbon adjustment (BCA) in the European Union has been recently proposed by the European Commission, followed by similar plans in the United States and Canada, as an instrument designed to address concerns about competitiveness and emissions leakage resulting from the absence of a global price on carbon or an internationally coordinated carbon-pricing system. Despite its potential to address these issues, the implementation of a BCA raises …

Intellectual Property Rights As A Barrier For Developing Countries To Access A Covid-19 Vaccine, Kristina Frkovic

Marquette Intellectual Property & Innovation Law Review

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