International Trade Law Commons^™

The Tightrope Walk Of Ftas: Balancing The Relationship Between Foreign Investments And Public Interests, Savannah Kelly

Arbitration Brief

Investors have the right to protect their investments just as host states have the right to protect public interests, otherwise recognized as public interest regulation. Arbitration can disrupt the balance between state and investor rights when it whittles away or strips entirely the state’s regulatory autonomy. Public interest regulation, such as environmental protection, remains critical as it holds states simultaneously accountable to, inter alia, their constituents as well as international norms and conventions. A trade agreement provision that infringes upon a state’s regulatory liberty may force it to navigate a complex legal landscape in which commitments to domestic and international …

The War On Trade: Applying The Wto Security Exceptions To Economic Security Measures, Ian Allen

Northwestern Journal of International Law & Business

This article examines the efficacy of the WTO treaties’ security exception provisions in curbing abusive appeals to national security to justify otherwise impermissible trade measures. It specifically explores whether GATT Article XXI and its sister provisions establish objectively discernible prerequisite conditions for their invocation, how far Member discretion extends in defining “essential security interests,” and whether the WTO dispute system offers sufficiently objective legal standards to prevent abuse of the security exceptions.

Building on existing scholarship, this article employs a comprehensive interpretive analysis of all available means under the Vienna Convention on the Law of Treaties (VCLT) and integrates not …

Public Ownership And The Wto In A Post-Covid-19 Era: From Trade Disputes To A 'Social' Function, Paolo Davide Farah, Davide Zoppolato

West Virginia Law Review

No abstract provided.

Noneconomic Objectives, Global Value Chains And International Cooperation, Bernard M. Hoekman, Petros C. Mavroidis, Douglas R. Nelson

Faculty Scholarship

Systemic conflicts increasingly affect the global value chains (GVCs) underpinning globalization by creating policy uncertainty and politicizing trade and investment decisions. Unilateral policies to attain competitiveness and noneconomic objectives (NEOs), including national security, create incentives for international cooperation to attenuate policy spillovers. Recent initiatives seeking to do so are organized around supply chain governance and need not be anchored in trade agreements. Whether such cooperation is feasible and can be designed to be effective in realizing NEOs is unclear. Plurilateral GVC-centered cooperation offers a potential path for states to pursue NEOs and reduce policy uncertainty for international business. Research offers …

Wto Security Exceptions: A Sliding Scale Approach To Protect The Rules-Based System For Global Free Trade, Ts Somashekar, Kanchan Yadav

Articles

Since the enforcement of the General Agreement on Tariffs and Trade (GATT) in 1947 and subsequently with the establishment of the World Trade Organization, the global community has been moving towards a more secure and rule-based international trade law regime. The cornerstones of the system are predictability and transparency, which ensure that a state, no matter how powerful, cannot undertake a discriminatory trade measure against another going above and beyond the rules. However, the recent instances of unilateral invocation of the security exceptions found in the various trade agreements endanger the very basis of the WTO system. The very first …

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 …

Trading Pharma Goods The Wto Legal Framework, Neeraj Rajan Sabitha, Petros C. Mavroidis

Faculty Scholarship

Trading of pharma goods has attracted widespread global attention in the wake of the COVID-19 pandemic. The Agreement on Trade in Pharmaceutical Products (“Pharma Agreement”) – a sectoral agreement between a handful of WTO members – was concluded in 1994 and aimed to eliminate duties on various pharmaceutical products. Nevertheless, this is all that the Pharma Agreement does: it eliminates duties and does not touch upon the regulatory aspects relating to marketing of pharmaceutical goods. WTO members remain sovereign to decide on this score, but must observe the WTO Licensing Agreement as well as nondiscrimination. Thus, while the intensity of …

Right To Health In Gats: Can The Public Health Exception Pave The Way For Complementarity?, Swati Gola

Pace International Law Review

This paper demonstrates how a right to health approach in the interpretation of the public health exception outlined in GATS Article XIV(b) can bring about a harmonious application of international human rights and international trade law regimes. Focusing on the interpretive value of the right to health for the public health exception in GATS, it examines whether a WTO Member, who has committed itself under GATS to fully liberalize all service sectors that have implications for health (e.g., hospital and other healthcare services), still retains the regulatory space to undertake measures to fulfill their right to health obligations and can …

Afghanistan Legislative Commitments To The Wto: A Deeper Look At Afghanistan's Compliance With Trips, Hafizullah Seddiqi

Indiana Journal of Global Legal Studies

In 2016, Afghanistan formally acceded to the World Trade Organization (WTO) to improve its worldwide trading prospects. However, this journey began much earlier. To join the WTO, one of Afghanistan's commitments was to reform its then-existing trademark laws. Intellectual property (IP)-related laws are, in general, one of the fields that countries must reform prior to joining the WTO, so as to be in accordance with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). While Afghanistan has enacted some IPrelated statutes, including the 2009 Law on Trade Marks Registration, it continues to fall short of conforming to TRIPS because …

Two-Dimensional Hard-Soft Law Theory And The Advancement Of Women's And Lgbtq+ Rights Through Free Trade Agreements, Raj Bhala, Cody N. Wood

Georgia Journal of International & Comparative Law

No abstract provided.

Never For-Gatt: What Recent Tbt Decisions Reveal About The Appellate Body’S Analysis Of Environmental Regulation Under The Wto Agreements, Ravi Soopramanien

Sustainable Development Law & Policy

Few environmentalists have positive things to say on the impact of the World Trade Organization (WTO) on the environment. WTO legal obligations are frequently cited as the most significant impediment to a range of environmental initiatives, including notably meaningful international coordination to combat climate change, particularly through carbon tax initiatives, and imposition of electronic waste disposal export bans. In this vein, adverse findings of WTO dispute panels on environmental conservation measures tend to attract the ire of international civil society. The tensions between liberal trade and environmental protection can be traced back to the days of the General Agreement on …

The Tbt Agreement’S Failure To Solve U.S. - Cool, Elinore R. Carroll

Georgia Journal of International & Comparative Law

No abstract provided.

Refining Statutory Interpretation: How Natural Gas Export Regulations Violate U.S. International Trade Obligations, Amanda L. Tharpe

Catholic University Law Review

As a member of the World Trade Organization (WTO), the United States is required to abide by nondiscriminatory trade policies when exporting products to other WTO members. Current U.S. policy regulating natural gas exports impose burdensome and lengthy licensing procedures on those requesting approval of a permit to export natural gas to countries with which the U.S. does not have a free trade agreement. A similar commodity, crude oil, is regulated by different regulations that allow for U.S. oil producers to freely export crude oil overseas. This Comment analyzes the differences in federal laws and regulations governing the export of …

Reaching For Environmental And Economic Harmony: Can Ttip Negotiations Bridge The U.S.-Eu Chemical Regulatory Gap?, Ashley Henson

Georgia Journal of International & Comparative Law

No abstract provided.

The Trade Act Of 1974: Soviet-American Commercial Relations And The Future, Kenneth Klein

Georgia Journal of International & Comparative Law

No abstract provided.

The Concept Of Compensation In The Field Of Trade And Environment, Shadia Schneider-Sawiris

Georgia Journal of International & Comparative Law

No abstract provided.

Legal Aspects Of Convertibility, Dr. Rainer Geiger

Georgia Journal of International & Comparative Law

No abstract provided.

The Shochu Conundrum: Economics And Gatt Article Iii, Alex Davis

Undergraduate Economic Review

This paper will discuss the National Treatment (NT) obligation contained in Article III of the General Agreement on Tariffs and Trade (GATT) 1994 as applied in precedential tax discrimination cases. Case law has not taken a firm stance on the economic versus legal interpretation of the likeness/directly competitive or substitutable (DCS) criterion or the principle of “so as to afford protection” (SATAP) captured in Article III.2. After examining the case law on discriminatory taxation, I conclude that the NT obligation in trade agreements is imperfect. Nonetheless, NT is a critical component of these agreements, and the international trade order would …

Book Review: The Gatt - Law And International Economic Organization. By Kenneth W. Dam. Chicago And London: The University Of Chicago Press, 1970. Pp. Xvii, 480. $15.00., Pasco M. Bowman Ii

Georgia Journal of International & Comparative Law

No abstract provided.

Customs Valuation In The European Economic Community, William M. Snyder

Georgia Journal of International & Comparative Law

No abstract provided.

Freedom Of Transit And The Right Of Access For Land-Locked States: The Evolution Of Principle And Law, A. Mpazi Sinjela

Georgia Journal of International & Comparative Law

No abstract provided.

The Foreign Investment Review Agency (Fira) And The General Agreement On Tariffs And Trade (Gatt): Incompatible?, Emily F. Carasco

Georgia Journal of International & Comparative Law

No abstract provided.

Ec – Seal Products: Seals And Sensibilities (Tbt Aspects Of The Panel And Appellate Body Reports), Donald H. Regan

Articles

The EC-Seal Products case stemmed from complaints by Canada and Norway against European Union regulations that effectively banned the importation and marketing of seal products from those countries. The EU said it had responded to European moral outrage at the killing of seals. Canada and Norway challenged the regime under various provisions of the Technical Barriers to Trade (TBT) Agreement and the GATT. This article considers TBT aspects of the Panel and Appellate Body decisions. It discusses issues such as whether there is any bright line to be drawn between legitimate and illegitimate purposes in regulation, the proper legal meaning …

The Changing International Law Framework For Exports: The General Agreement On Tariffs And Trade, John H. Jackson

Georgia Journal of International & Comparative Law

No abstract provided.

Prologue, Stephen E. Farish

Georgia Journal of International & Comparative Law

No abstract provided.

The Very Specialized United States Generalized System Of Preferences: An Examination Of Renewal Changes And Analysis Of Their Legal Effect, Gregory C. Dorris

Georgia Journal of International & Comparative Law

No abstract provided.

Countervailing Duties: Court Of International Trade Determines That Countervailing Duty Law Is Applicable To Countries Having Nonmarket Economies. Continental Steel Corp. V. United States, 614 F. Supp. 548 (Ct. Int'l Trade 1985)., Susan L. Wallis

Georgia Journal of International & Comparative Law

No abstract provided.

Antidumping - Redefinition Of Confidentiality And Right Of Judicial Review - Institution Of A New Form Of Relief: Timex Corporation V. Council And Commission Of The European Communities, Carlton L. Kell

Georgia Journal of International & Comparative Law

No abstract provided.

International Trade - Free Trade Areas - Agreement On The Establishment Of A Free Trade Area Between The Government Of The United States Of America And The Government Of Israel, Roland J. Behm

Georgia Journal of International & Comparative Law

No abstract provided.

Settlement Of Disputes In Gatt Under The Subsidies Code: Two Panel Reports On E.E.C. Export Subsidies, Massimo Coccia

Georgia Journal of International & Comparative Law

No abstract provided.