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Articles 31 - 60 of 256
Full-Text Articles in International Trade Law
Dispute Resolution Provisions Of The Canada-United States Free Trade Agreement, David P. Cluchey
Dispute Resolution Provisions Of The Canada-United States Free Trade Agreement, David P. Cluchey
Maine Law Review
Dispute resolution is a major focus of the recently signed Canada-United States Free Trade Agreement. This focus was heavily influenced by two factors. The first is a significant continuing concern about the dispute resolution procedures and mechanisms under the General Agreement on Tariffs and Trade (GATT). The second factor is the general Canadian perception that trade proceedings under United States law are substantially influenced by political concerns and that under a trade agreement, Canadian businesses would need some protection from United States trade regulation. The general dispute resolution provisions of the Free Trade Agreement, which are found primarily in Chapter …
Dispute Settlement Mechanisms Under The Free Trade Agreement, Ton J.M. Zuijdwijk
Dispute Settlement Mechanisms Under The Free Trade Agreement, Ton J.M. Zuijdwijk
Maine Law Review
The purpose of this paper is to review the dispute settlement mechanisms that are contained in the Canada-United States Free Trade Agreement. The two countries reached agreement on the main features of the Free Trade Agreement on October 3, 1987. Thereafter, the elements of the Agreement were converted into the legal text of the Free Trade Agreement and signed by Prime Minister Mulroney and President Reagan on January 2, 1988. Legislation implementing the Free Trade Agreement has been introduced in the Parliament of Canada and in the United States Congress. In Canada the ordinary rules for legislative enactments will apply. …
Canadian Acceptance Of International Commercial Arbitration, John E.C. Brierly
Canadian Acceptance Of International Commercial Arbitration, John E.C. Brierly
Maine Law Review
A few years ago it would have been impossible to speak of Canadian "acceptance" of international commercial arbitration. Canada had not adhered to any international convention on arbitration, and Canadian legislation did not specifically regulate arbitration in commercial dealings or when it involved some non-national element. There was no federal enactment on the subject. Canadian provincial legislation, whether the civil law of Quebec or the common law of the rest of Canada, had not greatly evolved from the 19th century position expressed in legislation based upon the legal traditions of France and the United Kingdom of the same period. No …
A Canadian Perspective On U.S. Administered Protection And The Free Trade Agreement, Alan M. Rugman
A Canadian Perspective On U.S. Administered Protection And The Free Trade Agreement, Alan M. Rugman
Maine Law Review
The negotiation of the Canada-United States Free Trade Agreement over the 1986-1988 period builds upon over 130 years of bilateral trade and investment policy. With Canada's economy being roughly one-tenth the size of that of the United States, the negotiation of commercial arrangements to govern the bilateral trade and investment relationship assumes great importance in the smaller partner. The size asymmetry means that Canada, as the smaller nation, needs to secure a rules-based system rather than a power-based system in its trading relationship with the United States, which accounts for nearly 80% of its exports. Canada is also the largest …
The Reception Of Arbitration In United States Law, Thomas E. Carbonneau
The Reception Of Arbitration In United States Law, Thomas E. Carbonneau
Maine Law Review
The willingness of any national legal system to endorse the process of arbitral adjudication can be measured by whether its governing statutory law and accompanying case law sustain the validity of arbitration agreements and limit judicial supervision of arbitral proceedings and awards—in effect, whether the laws of a nation establish a cooperative relationship between the courts and the arbitral process. On both scores, United States law on arbitration evinces a clear determination to support the process. The development of the law has given the framework of arbitral adjudication its necessary systemic autonomy. Since 1970, when the United States ratified the …
Alternative Dispute Resolution In International Trade And Business, Thomas E. Carbonneau
Alternative Dispute Resolution In International Trade And Business, Thomas E. Carbonneau
Maine Law Review
This workshop, which was held at the University of Maine School of Law on May 27, 1987, consisted of an informal discussion among an interdisciplinary group of experts. The purpose of the workshop was to generate ideas and recommendations regarding the utility of alternative dispute resolution (ADR) in international trade and business, with special reference to Canadian-United States trade relations. The discussion also explored the possible commonalties of domestic and international dispute resolution in the hope of developing a basis for a generic alternative dispute resolution methodology.
Foreword, Charles S. Colgan
Foreword, Charles S. Colgan
Maine Law Review
The Free Trade Agreement concluded between the United States and Canada, and signed on January 2, 1988, has a number of features that distinguish it among the trade agreements of the United States. It eliminates all tariffs, reduces restrictions on business travel, and establishes ground rules for trade in services and for foreign investment. In this latter respect, the Agreement is unique among major international trade agreements of the world. But one of the most enduring aspects of the Agreement is likely to be the provisions establishing a series of dispute settlement mechanisms. This last observation would probably surprise almost …
Introduction To Symposium: Alternative Dispute Resolution In Canada-United States Trade Relations, George J. Mitchell
Introduction To Symposium: Alternative Dispute Resolution In Canada-United States Trade Relations, George J. Mitchell
Maine Law Review
The Alternative Dispute Resolution (ADR) movement in law arose domestically as the pressures on our court system threatened to deprive individual citizens of their "day in court." Maine is a leader in the development and elaboration of the principles and practicalities that must be mastered for ADR mechanisms to function. The University of Maine School of Law symposium examining the application of ADR principles to international disputes focuses specifically on the trade relationship between the United States and Canada. But its examination of both the innovations and limitations of ADR to the resolution of international disputes is broader than this …
Questions And Answers On The Future Of Ip For Research And Innovation, Sean Flynn
Questions And Answers On The Future Of Ip For Research And Innovation, Sean Flynn
Joint PIJIP/TLS Research Paper Series
This paper publishes the annotated contents of an interview with PIJIP Director Sean Flynn by the staff of WIPO’s work on the Future of IP. All questions relate to the future of copyright with respect to AI assisted innovation.
Author Remuneration In The Streaming Age – Exploitation Rights And Fair Remuneration Rules In The Eu, Martin Senftleben, Elena Izyumenko
Author Remuneration In The Streaming Age – Exploitation Rights And Fair Remuneration Rules In The Eu, Martin Senftleben, Elena Izyumenko
Joint PIJIP/TLS Research Paper Series
The transition from linear to on-demand consumption of music, films and other copyrighted content on platforms like Spotify, Netflix and YouTube has given rise to the question whether authors and performers receive a fair share of streaming revenues. While these revenues are substantial and right holders may have the opportunity to control access to copyright-protected content on the basis of copyright protection, it is often not the creators themselves who benefit from growing streaming revenue and reinforced access controls. The issue has a global dimension. The Group of Latin American and Caribbean Countries (GRULAC) proposed that the World Intellectual Property …
Crypto & The Climate: Will Local & National Environmental Regulation Save Or Stifle The Cryptocurrency Boom?
Fordham Environmental Law Review
As cryptocurrencies continue to gain traction among mainstream investors and consumers, regulators and lobbyists are increasingly taking note of the potential environmental impacts of the industry. At its core, the process of mining new currency for virtual wallets is energy intensive, which can place strains on electrical grids and accelerate the impacts of climate change. However, these effects are felt very differently depending on what source of electricity the mining operation utilizes and the methodology behind the specific currency. These variable factors are on the minds of legislators and regulators as public pressure to better understand and regulate the industry …
A Shifting Focus: How Algal Turf Scrubbers (Ats) In Natural Waterways Can Prevent Toxic Blooms And Could Save The Algae Energy Industry
Fordham Environmental Law Review
Biofuels have generated global interest among oil companies and governments. In particular, algal biofuels are slated to be more promising than traditional biofuel feedstocks, like corn and sugarcane, which are simultaneously cultivated as food products. However, the drawbacks of harvesting algae on a large industrial scale has led to intense criticism. Most critics focus on issues of sustainability, scalability of production, and the legal and ethical concerns of genetically modified crops. New research in cyanobacteria, however, illustrates algae’s potential to produce clean electricity in addition to oil, ethanol, and gasoline. Moreover, using Algal Turf Scrubbers (“ATS”) in natural waterways offers …
Why We Need A Constitutional Right To Healthy Environment In Canada
Why We Need A Constitutional Right To Healthy Environment In Canada
Fordham Environmental Law Review
The increasing demand for constitutional recognition of the right to a healthy environment (‘RTHE’) has been a matter of public concern and debate in many countries, including Canada.2 This paper asks, will a constitutional RTHE within the Canadian Constitution add any value when statutes already exist to protect the environment (and thereby health)? The present environmental statutes work towards protecting the environment, and by protecting the environment, public health can be protected.3 Together, both of them form a ‘healthy environment’, ie., an environment that fosters a healthy life.4 This paper will argue that there is additional value in recognizing a …
Hacked! North Korea's Billion-Dollar Crypto Heisting Scheme, Kole Zellers
Hacked! North Korea's Billion-Dollar Crypto Heisting Scheme, Kole Zellers
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Thinking Outside The Box: Matchmaking State Gambling Law Frameworks To International Approaches To Loot Box Regulation, Emerson B. Marles
Thinking Outside The Box: Matchmaking State Gambling Law Frameworks To International Approaches To Loot Box Regulation, Emerson B. Marles
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Protecting Students' Privacy: Expanding The Use Of Pseudonyms In Civil Litigation Concerning Sexual Assault At Colleges In The United States And Canada, Cassi Epstein
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
From Forced To Free Labor, Christopher M. Roberts
From Forced To Free Labor, Christopher M. Roberts
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
The New Age Of Mining: Isa's Vision Of The Deep Seabed Mining, Ganeswar Matcha
The New Age Of Mining: Isa's Vision Of The Deep Seabed Mining, Ganeswar Matcha
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Rethinking United States - Certain Measures On Steel And Aluminum Products: Rebalancing Should Be Allowed For The Section 232 Measures, Michiru Ishihara, Hiroaki Chiba-Okabe
Rethinking United States - Certain Measures On Steel And Aluminum Products: Rebalancing Should Be Allowed For The Section 232 Measures, Michiru Ishihara, Hiroaki Chiba-Okabe
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
The Digitization Of Trade And Artificial Intelligence: A Pandora's Box, Rafael Leal-Arcas, Lama Al Damer, Haya Al Hokail, Sultana Abdulhakim Al Saud, Salma Alshaikh, Sultana Faisal Al Saud, Sara Al Muhanna, Loulwa Faisal Al Saud, Nora Alaiban, Moudi Alsaud
The Digitization Of Trade And Artificial Intelligence: A Pandora's Box, Rafael Leal-Arcas, Lama Al Damer, Haya Al Hokail, Sultana Abdulhakim Al Saud, Salma Alshaikh, Sultana Faisal Al Saud, Sara Al Muhanna, Loulwa Faisal Al Saud, Nora Alaiban, Moudi Alsaud
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
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.
How To Make Everything About Sanctions? Review Of “How Sanctions Work, Iran And The Impact Of Economic Warfare” By Bajoghli, Nasr, Salehi-Isfahani, And Vaez (2024), Siamak Javadi, Alborz Pakravan, Ojan Bahadori, Alireza Akhondi
How To Make Everything About Sanctions? Review Of “How Sanctions Work, Iran And The Impact Of Economic Warfare” By Bajoghli, Nasr, Salehi-Isfahani, And Vaez (2024), Siamak Javadi, Alborz Pakravan, Ojan Bahadori, Alireza Akhondi
Markets, Globalization & Development Review
A 2024 book titled “How Sanctions Work, Iran and the Impact of Economic Warfare” by Narges Bajoghli, Vali Nasr, Djavad Salehi-Isfahani, and Ali Vaez argues that sanctions have had no impact on the behavior of the Islamic Republic in Iran (IR hereafter) and have instead inflicted pain on the ordinary Iranians. While the book does offer a useful description of the evolution of the sanctions against the IR, it fails in its analysis and conclusions.
Rethinking The Pharmaceutical Knowledge- Economy: Patents, The Trips Agreement, And Skewed Utilitarianism In The Evolving Ideological Paradigms, Morris Odeh
Articles, Book Chapters, & Popular Press
The TRIPS Agreement introduced a unique globalized pharmaceutical patent economy. This article examines the social costs of this patent regime in low-income countries and makes three contributions. Firstly, it highlights how, in the early development of the patent system, nations perceived patents as privileges and displayed considerable reluctance in protecting pharmaceutical products and processes. This allowed net importers of technologies to replicate foreign innovations without the constraints of IP rights, and in some cases, invalidate unnecessary patents. However, this took a different turn towards the tail end of the 20th century when the patent norms and rules were harmonized and …
Jurisdictional Competition On Standard-Essential Patents, Wentong Zheng
Jurisdictional Competition On Standard-Essential Patents, Wentong Zheng
UF Law Faculty Publications
his Article offers a systematic examination of jurisdictional competition on standard-essential patents (“SEPs”). SEPs are patents essential to technology standards developed by standard-setting organizations (“SSOs”). To reduce potential patent holdup, SSOs generally require SEP holders to commit to licensing SEPs on “fair, reasonable, and nondiscriminatory” (“FRAND”) terms. During the last decade, jurisdictions around the world have been engaged in fierce competition to set the ground rules on FRAND and other requirements for SEP licensing. This Article traces the legal landscape of this jurisdictional competition and examines how three major jurisdictions, the United States, Europe, and China, have developed divergent stances …
Let Sleeping Dogs Lie: A Comparative Analysis Of The Dormant Commerce Clause And Internal Trade Barrier Mitigation, Naman Patel
Let Sleeping Dogs Lie: A Comparative Analysis Of The Dormant Commerce Clause And Internal Trade Barrier Mitigation, Naman Patel
Washington Law Review
The Dormant Commerce Clause jurisprudence of the United States has been one of the most widely criticized doctrines of American constitutional law. However, most of these criticisms fail to consider the economic implications of the Dormant Commerce Clause, namely the benefits this doctrine has provided in facilitating internal free trade amongst the states. This Comment argues that the Dormant Commerce Clause has given American courts an effective tool to promote interstate free trade by removing state regulations that create non-tariff barriers to trade. To support this assertion, this Comment utilizes a comparative constitutional analysis to examine how the constitutional systems …
Breaking Free: Strategies For Governments On Terminating Investment Treaties And Removing Isds Provisions, Ladan Mehranvar, Martin Dietrich Brauch
Breaking Free: Strategies For Governments On Terminating Investment Treaties And Removing Isds Provisions, Ladan Mehranvar, Martin Dietrich Brauch
Columbia Center on Sustainable Investment
Our report, "Breaking Free: Strategies for Governments on Terminating Investment Treaties and Removing ISDS Provisions," is a guidebook for government officials and policymakers on the reform or exit of the investment treaty regime that is currently impeding climate action and other national and global goals. The report includes the following: (1) strategies for exiting or reforming investment treaties and the legal consequences that follow; (2) eliminating ISDS exposure in national investment laws and contracts; (3) withdrawing from the International Centre for Settlement of Investment Disputes (ICSID) Convention and the minimal legal consequences of such action; (4) examples of country- and …
Cisg, Wayne R. Barnes
Cisg, Wayne R. Barnes
Faculty Scholarship
This survey article discusses cases during the prior year, which are decided based on one or more provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG). The CISG is a United Nations treaty that provides a uniform international sales law. It was adopted in Vienna in 1980 and went into effect in 1988. The CISG governs contracts for the international sale of goods between businesses located in different countries that have ratified the treaty. It has been adopted by 95+ countries, including major trading nations like the United States, China, and most European countries. …
Intellectual Property, Genetic Resources, And Associated Traditional Knowledge, N.S. Gopalakrishnan, Srividhya Ragavan, Narendran Thiruthy
Intellectual Property, Genetic Resources, And Associated Traditional Knowledge, N.S. Gopalakrishnan, Srividhya Ragavan, Narendran Thiruthy
Faculty Scholarship
The recently concluded WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge mandates disclosure requirements in patent applications, thereby creating an obligation to attribute the use of genetic resources and traditional knowledge. The WIPO member countries thus have an opportunity to modify their national patent laws, so that they can effectively control genetic resources and traditional knowledge. This article examines the choices that the biodiversity-rich countries have when designing their national legal systems to implement the treaty.