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Articles 241 - 256 of 256
Full-Text Articles in International Trade Law
Wipo Negotiations On Intellectual Property, Genetic Resources And Associated Traditional Knowledge, Peter K. Yu
Wipo Negotiations On Intellectual Property, Genetic Resources And Associated Traditional Knowledge, Peter K. Yu
Faculty Scholarship
At the 2000 General Assembly, the World Intellectual Property Organization (WIPO) established the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) to address intellectual property issues relating to genetic resources, traditional knowledge (TK) and traditional cultural expressions (TCEs). Although the IGC initially focused its work on studying these issues, it obtained a new mandate to accelerate its work in October 2009 and began text-based negotiations on an international instrument, or international instruments, a few months later. These negotiations paved the way for WIPO to convene a diplomatic conference to conclude an International Legal Instrument Relating …
War & Ip, Peter K. Yu
War & Ip, Peter K. Yu
Faculty Scholarship
On February 24, 2022, war broke out between Russia and Ukraine, sparking concerns among government leaders, intergovernmental bodies and the public at large. A month later, the Russian government issued Decree 299, which reduced to zero the royalty rate for national security-based compulsory licenses to intellectual property rights held by individuals or entities originating from the United States or other "unfriendly" nations. Meanwhile, the United States and other members of the international community imposed sanctions on Russia, raising questions about whether those sanctions would prevent U.S. companies and individuals from engaging with Russian intellectual property agencies. Many multinational corporations also …
English Company Law: Legal Architecture For A Global Law Market, Andrew P. Morriss, Charlotte Ku
English Company Law: Legal Architecture For A Global Law Market, Andrew P. Morriss, Charlotte Ku
Faculty Scholarship
English-architecture company law describes the distinct and diverse group of company or corporate law used in more than 60 jurisdictions worldwide. English-architecture company law provides a robust platform for innovation and development due to its permissive structure, opportunity for choice of law in an entity’s internal governance, and scalability permitting variation for small and large entities. It is the dominant form among International Financial Centers (IFCs), many of which have legal systems with a British connection. This body of law responds to competition and maintains dynamism by engaging its practice community through “learning by doing” and “frictioneering.” An architecture approach …
Table Of Contents And Masthead, Indian Journal Of International Economic Law
Table Of Contents And Masthead, Indian Journal Of International Economic Law
Indian Journal of International Economic Law
No abstract provided.
Regulatory Autonomy And Article Xxiv Of Gatt, Dr. Delroy S. Beckford
Regulatory Autonomy And Article Xxiv Of Gatt, Dr. Delroy S. Beckford
Indian Journal of International Economic Law
This article focusses on regulatory autonomy in the context of Article XXIV of GATT navigating issues which touch and concern the internal and external liberalisation requirements and their implication for core non-discrimination principles, the Enabling Clause, mutual recognition agreements, and specific disciplines such as trade remedies, SPS measures, TBT measures, and Article XX exceptions. The article proceeds on the premise that these areas of trade coverage offer significant scope for the realisation of regulatory autonomy for countries to fashion their domestic trade policy agenda consistent with their developmental requirements, but questions whether the current state of the jurisprudence is amenable …
Women And Trade In Africa: A Case For Mainstreaming Gender In The Implementation Of The African Continental Free Trade Agreement (Afcfta), Tsotang Tsietsi
Women And Trade In Africa: A Case For Mainstreaming Gender In The Implementation Of The African Continental Free Trade Agreement (Afcfta), Tsotang Tsietsi
Indian Journal of International Economic Law
This article seeks to determine the extent to which the African Continental Free Trade Agreement (AfCFTA) and its protocols accord attention to the barriers and opportunities that African women face in intra-African trade. It discusses the considerable role of African women traders, for example, in agriculture, micro, small and medium enterprises, and in informal cross border trade. It questions whether, in support of their contributions in these sectors, gender has been adequately mainstreamed in the AfCFTA legal framework. Through its analysis of the contents of the instruments, it argues that there was little prioritization of women in the agreement and …
Wto Law And Environmental Processes And Production Methods (Ppms): A Deconstruction, Irene Musselli
Wto Law And Environmental Processes And Production Methods (Ppms): A Deconstruction, Irene Musselli
Indian Journal of International Economic Law
In principle, WTO members can adopt PPM measures to protect the environment, provided certain conditions are met to prevent the misuse of these measures for protectionist purposes. In practice, the judicial review of such measures in the WTO context is punctuated by practical difficulties, and is fraught with intractable uncertainty: most PPM regulations that were challenged passed on principle but failed on specific details related to the dispute at hand. This article aims to contribute to the PPM discussion by providing critical and deconstructive perspectives on trade law. It argues that the challenges in assessing WTO compliance of PPMs stem …
International Economic Law: Text, Cases, And Materials By Choukroune, L. And Nedumpara, J. (Cambridge University Press, 2022), Suresh Nanwani
International Economic Law: Text, Cases, And Materials By Choukroune, L. And Nedumpara, J. (Cambridge University Press, 2022), Suresh Nanwani
Indian Journal of International Economic Law
This textbook on International Economic Law (IEL) is the newest addition in this evolving domain written by two academics who share their passion in working on IEL. Leila Choukroune is an academic in Portsmouth University and an expert on IEL and business and human rights. James Nedumpara is also an academic in Jindal Global Law School, India and heads the Center for Trade and Investment Law at the Indian Institute of Foreign Trade. Together, they are co-chairs of the South Asian International Economic Law Network,1 a collaborative network of academics, practitioners and officials interested in IEL (founded in 2017) that …
Climate Defence In Investment Disputes: Azienda Elettrica Ticinese V. Germany And The Paris Agreement, Maria Laura Marceddu, Kanishka Bhukya, Debditya Saha
Climate Defence In Investment Disputes: Azienda Elettrica Ticinese V. Germany And The Paris Agreement, Maria Laura Marceddu, Kanishka Bhukya, Debditya Saha
Indian Journal of International Economic Law
This case comment examines Azienda Elettrica Ticinese (AET) v Federal Republic of Germany, the most developed instance to date of a State deploying the Paris Agreement as a central element of its investment defence. The dispute arises from Germany’s 2020 Coal Ban Act and AET’s claims of indirect expropriation and breach of the fair and equitable treatment standard under the Energy Charter Treaty. Germany invokes the Paris Agreement in three distinct ways: as justification for its regulatory measures under the police powers doctrine; as interpretive context for the fair and equitable treatment standard; and, most innovatively, as applicable law …
Does Intellectual Property Promote Or Hinder Sustainability? The Case Of Upcycling, Irene Calboli, Siroos Tanner
Does Intellectual Property Promote Or Hinder Sustainability? The Case Of Upcycling, Irene Calboli, Siroos Tanner
Faculty Scholarship
This book chapter explores upcycling and its intricate legal and ethical challenges, addressing the challenges upcycling faces from an IP perspective and highlighting the defenses potentially available to justify the practice.
Students For Fair Admissions: Affirming Affirmative Action And Shapeshifting Towards Cognitive Diversity?, Steven A. Ramirez
Students For Fair Admissions: Affirming Affirmative Action And Shapeshifting Towards Cognitive Diversity?, Steven A. Ramirez
Seattle University Law Review
The Roberts Court holds a well-earned reputation for overturning Supreme Court precedent regardless of the long-standing nature of the case. The Roberts Court knows how to overrule precedent. In Students for Fair Admissions v. Harvard (SFFA), the Court’s majority opinion never intimates that it overrules Grutter v. Bollinger, the Court’s leading opinion permitting race-based affirmative action in college admissions. Instead, the Roberts Court applied Grutter as authoritative to hold certain affirmative action programs entailing racial preferences violative of the Constitution. These programs did not provide an end point, nor did they require assessment, review, periodic expiration, or revision for greater …
Rebalancing International Investment Law, Vera Korzun
Rebalancing International Investment Law, Vera Korzun
Akron Law Faculty Publications
Several reform initiatives are currently ongoing seeking to cure international investment law from its inherent pro-investor bias. To achieve this goal, recent investment treaties contain enhanced provisions on the right to regulate and seek to increase investor compliance in such areas as environmental protection, sustainable development, and corporate social responsibility. Yet, how to reconcile the ongoing reform efforts at the international and regional levels seeking to create a new, rebalanced system of international investment law? How to achieve this proverbial system where interests of foreign investors are protected without encroaching on the rights of the host states? The answers to …
The Future Of The International Financial System: The Emerging Cbdc Network And Its Impact On Regulation, Heng Wang, Simin Gao
The Future Of The International Financial System: The Emerging Cbdc Network And Its Impact On Regulation, Heng Wang, Simin Gao
Research Collection Yong Pung How School Of Law
Central bank digital currency (CBDC) is a digital form of fiat currency. CBDC has the potential to be a game challenger in the international financial system, bringing increased complexities arising from technology and regulatory considerations, as well as generating greater currency competition. As more states begin exploring CBDC, the interactions between actors may lead to the emergence of a new CBDC network. What shape would the emerging CBDC network take? What would its network effects be? What would be the impact of the CBDC network on the international financial system, or the global financial network? This article explores these questions …
The Geoeconomics Of Belt And Road Disputes: A Case Study On The China-Pakistan Economic Corridor, Mark Mclaughlin
The Geoeconomics Of Belt And Road Disputes: A Case Study On The China-Pakistan Economic Corridor, Mark Mclaughlin
Research Collection Yong Pung How School Of Law
This article argues that the dovetailing economic, geopolitical, and security interests that underpin the Belt and Road Initiative demands a dispute resolution mechanism that focuses on broader interests and legal rights. Using the China-Pakistan Economic Corridor (CPEC) as a case study, it identifies the conditions in which Chinese investors could have initiated an investment arbitration but did not. This can be explained by the rights-based orientation of investment treaties failing to reflect the interests of multi-project initiatives. Instead, alternative methods of home state intervention, such as state-funded political risk insurance, are used to protect investors. In other words, the political …
The Wto Of The Future: Keeping The Wto Digitally Relevant Through The Jsi On E-Commerce, Qiu Xu Liao
The Wto Of The Future: Keeping The Wto Digitally Relevant Through The Jsi On E-Commerce, Qiu Xu Liao
Research Collection Yong Pung How School Of Law
Members of the WTO have long regarded e-commerce as an issue of lesser priority. Though seeking to tackle e-commerce issues since 1998 with a Work Programme, progress on enacting WTO law on the matter has remained largely stagnant. To combat two decades of relative inaction, the Joint Statement Initiative on e-commerce was introduced in 2017. Now, within a decade, the JSI has drafted and released a finalised agreement which is now looked towards being integrated into the WTO legal framework. This article explores the history of the JSI, why it has been successful, and how it has overcome previous indifference …
Defining "Healthy" On Food Labels: One Step Forward, Two Steps Back, Alexia Brunet Marks
Defining "Healthy" On Food Labels: One Step Forward, Two Steps Back, Alexia Brunet Marks
Publications
Few definitions of the mid-twentieth century have survived into the twenty-first century. It is worth asking, then, why the definition of "health," articulated seventy-five years ago by the World Health Organization, has endured into the present. The 1948 definition reads as follows: "[h]ealth is a state of complete physical, mental[,] and social well-being and not merely the absence of disease or infirmity." Aspirational in tone, the definition resonates with the surge among consumers towards healthier foods and overall well-being. However, in addition to wartime and pandemic concerns, today's threats to achieving "health" include climate change and a rise in diet-related …