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International Trade Law Commons

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World Trade Organization

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Articles 61 - 90 of 328

Full-Text Articles in International Trade Law

On Territoriality And International Investment Law: Applying China's Investment Treaties To Hong Kong And Macao, Odysseas G. Repousis Sep 2015

On Territoriality And International Investment Law: Applying China's Investment Treaties To Hong Kong And Macao, Odysseas G. Repousis

Michigan Journal of International Law

To date, investor-state tribunals have been preoccupied with a range of issues revolving around the territorial application (territoriality) of international investment agreements (IIAs). The importance, as well as the various forms such issues take, has recently been highlighted in the decision of the Singapore High Court (SGHC) in Laos v. Sanum. In this case, the SGHC was asked by Laos to set aside an earlier arbitral award (in Sanum v. Laos), filed by a Macanese legal entity and rendered under the China-Laos bilateral investment treaty (BIT). In approaching the matter, the SGHC set aside the award on the grounds that …


Balancing National Public Policy And Free Trade, Diane A. Desierto Jul 2015

Balancing National Public Policy And Free Trade, Diane A. Desierto

Pace International Law Review

In the wake of the impasse between the World Trade Organization (WTO) and India regarding the ratification of the Protocol to the Trade Facilitation Agreement (TFA) that concluded during the Ninth WTO Ministerial Conference in Bali, Indonesia on December of 2013, WTO Director-General Roberto Azevedo admitted that while the WTO succeeds in resolving trade disputes and monitoring trade practices, it “has failed to deliver new multilateral results since its creation.” This systemic failure in the trade negotiations pillar of the WTO is evident to all of its 160 Members. It is evident from thirteen years of stalled negotiations under the …


Reconciling Cultural Diversity And Free Trade In The Digital Age: A Cultural Analysis Of The International Trade In Content Items, Claire Wright Jul 2015

Reconciling Cultural Diversity And Free Trade In The Digital Age: A Cultural Analysis Of The International Trade In Content Items, Claire Wright

Akron Law Review

This article is the first in a series of three articles by the same author on the subject of the World Trade Organization (WTO) rules on content items, such as movies and music recordings. This first article in the series provides a cultural analysis of the international trade in content items.


Measures With Multiple Purposes: Puzzles From Ec-Seal Products, Donald H. Regan Jun 2015

Measures With Multiple Purposes: Puzzles From Ec-Seal Products, Donald H. Regan

Articles

European Communities—Measures Prohibiting the Importation and Marketing of Seal Products is the first case in which the dispute system of the World Trade Organization (WTO) has wrestled with a regulation that pursued multiple conflicting, legitimate purposes. (I will explain later why Brazil—Retreaded Tyres is not such a case.) This generates puzzles about applying the definition of a “technical regulation” to complex measures; about whether an exception to a ban can be justified by a purpose different from that of the ban; and about how to apply “less restrictive alternative” analysis to measures with multiple goals. The first of these puzzles …


Fueled By Free Trade: Wto Trade Agreements Ensuring The Proliferation Of Solar Technology, John Ferriss May 2015

Fueled By Free Trade: Wto Trade Agreements Ensuring The Proliferation Of Solar Technology, John Ferriss

William & Mary Environmental Law and Policy Review

No abstract provided.


The Many Faces Of Transparency, Padideh Ala'i Apr 2015

The Many Faces Of Transparency, Padideh Ala'i

Scholarly Articles in Law Reviews & Journals

Transcript from the Proceedings of the Annual Meeting of American Society of International Law panel on the "Role of Transparency at the World Trade Organization."


The Conundrum Of Wto Accession Protocols: In Search Of Legality And Legitimacy, Julia Ya Qin Jan 2015

The Conundrum Of Wto Accession Protocols: In Search Of Legality And Legitimacy, Julia Ya Qin

Law Faculty Research Publications

Accession to the World Trade Organization differs from that of other international organizations in one major aspect: the WTO may prescribe more stringent rules for acceded members, depending on the result of individual accession negotiations. These country-specific rules are set out in the protocols of accession and now form a significant part of WTO law. However, questions concerning the legality and legitimacy of such rules remain to be answered. The accession protocols effectively modify the provisions of the WTO multilateral trade agreements, but the legal basis for so doing has never been properly explained and the relationship between the accession …


Mastering A Two-Edged Sword: Lessons From The Rules And Litigation On Safeguards In The World Trade Organization, Julien Chaisse, Debashis Chakraborty, Animesh Kumar Jan 2015

Mastering A Two-Edged Sword: Lessons From The Rules And Litigation On Safeguards In The World Trade Organization, Julien Chaisse, Debashis Chakraborty, Animesh Kumar

Richmond Journal of Global Law & Business

No abstract provided.


The Lisbon Agreement: Why The United States Should Stop Fighting The Geneva Act, Danielle Dudding Jan 2015

The Lisbon Agreement: Why The United States Should Stop Fighting The Geneva Act, Danielle Dudding

Vanderbilt Journal of Entertainment & Technology Law

In May 2015, members of the World Intellectual Property Organization (WIPO) held a Diplomatic Conference that resulted in the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications. The Act modified the Lisbon Agreement (originally created in 1958), extending its previous protection of appellations of origin to geographical indications as well. The United States, which remains a non-party to the Lisbon Agreement, has been adamantly against the expansion of the Agreement to geographical indications. This Note explores the issues surrounding the Geneva Act, the state of the law and international agreements leading up to the Act, …


Gatt/Wto Rules For Border Tax Adjustment And The Proposed European Directive Introducing A Tax On Carbon Dioxide Emissions And Energy, Christian Pitschas Oct 2014

Gatt/Wto Rules For Border Tax Adjustment And The Proposed European Directive Introducing A Tax On Carbon Dioxide Emissions And Energy, Christian Pitschas

Georgia Journal of International & Comparative Law

No abstract provided.


The World Trade Organization: Elevating Property Interests Above Human Rights, Marjorie Cohn Oct 2014

The World Trade Organization: Elevating Property Interests Above Human Rights, Marjorie Cohn

Georgia Journal of International & Comparative Law

No abstract provided.


The World Trade Organization And Its Interpretation Of The Article Xx Exceptions To The General Agreement Of Tariffs And Trade, In Light Of Recent Developments, Brandon L. Bowen Oct 2014

The World Trade Organization And Its Interpretation Of The Article Xx Exceptions To The General Agreement Of Tariffs And Trade, In Light Of Recent Developments, Brandon L. Bowen

Georgia Journal of International & Comparative Law

No abstract provided.


The "Giant Sucking Sound" Revisited: A Blueprint To Prevent Pollution Havens By Extending Nafta's Unheralded "Eco-Dumping" Provisions To The New World Trade Organization, Joel L. Silverman Oct 2014

The "Giant Sucking Sound" Revisited: A Blueprint To Prevent Pollution Havens By Extending Nafta's Unheralded "Eco-Dumping" Provisions To The New World Trade Organization, Joel L. Silverman

Georgia Journal of International & Comparative Law

No abstract provided.


Raging Hormones: A Discussion Of The World Trade Organization's Decision In The European Union-United States Beef Dispute, George H. Rountree Oct 2014

Raging Hormones: A Discussion Of The World Trade Organization's Decision In The European Union-United States Beef Dispute, George H. Rountree

Georgia Journal of International & Comparative Law

No abstract provided.


The Dispute Settlement Systems Of Wto And Nafta - Analysis And Comparison, Patrick Specht Oct 2014

The Dispute Settlement Systems Of Wto And Nafta - Analysis And Comparison, Patrick Specht

Georgia Journal of International & Comparative Law

No abstract provided.


Agricultural Trade Liberalization In The Doha Round: The Search For A Modalities Draft, Cody A. Thacker Oct 2014

Agricultural Trade Liberalization In The Doha Round: The Search For A Modalities Draft, Cody A. Thacker

Georgia Journal of International & Comparative Law

No abstract provided.


International Trade Law And The U.S.-Eu Gmo Debate: Can Africa Weather This Storm?, Michelle K. Mcdonald Sep 2014

International Trade Law And The U.S.-Eu Gmo Debate: Can Africa Weather This Storm?, Michelle K. Mcdonald

Georgia Journal of International & Comparative Law

No abstract provided.


A Barren Harvest For The Developing World? Presidential "Trade Promotion Authority" And The Unfulfilled Promise Of Agriculture Negotiations In The Doha Round, Clete D. Johnson Sep 2014

A Barren Harvest For The Developing World? Presidential "Trade Promotion Authority" And The Unfulfilled Promise Of Agriculture Negotiations In The Doha Round, Clete D. Johnson

Georgia Journal of International & Comparative Law

No abstract provided.


Taming The Counterfeit Dragon: The Wto, Trips And Chinese Amendments To Intellectual Property Laws, Andrew Evans Sep 2014

Taming The Counterfeit Dragon: The Wto, Trips And Chinese Amendments To Intellectual Property Laws, Andrew Evans

Georgia Journal of International & Comparative Law

No abstract provided.


Globalization And International Law, Charles A. Hunnicutt Sep 2014

Globalization And International Law, Charles A. Hunnicutt

Georgia Journal of International & Comparative Law

No abstract provided.


Still Dissatisfied After All These Years: Intellectual Property, Post-Wto China, And The Avoidable Cycle Of Futility, Peter K. Yu Sep 2014

Still Dissatisfied After All These Years: Intellectual Property, Post-Wto China, And The Avoidable Cycle Of Futility, Peter K. Yu

Georgia Journal of International & Comparative Law

No abstract provided.


An Overview Of The Draft China Antimonopoly Law, H. Stephen Harris Jr. Sep 2014

An Overview Of The Draft China Antimonopoly Law, H. Stephen Harris Jr.

Georgia Journal of International & Comparative Law

No abstract provided.


Textile Trade With China - The Challenge Of Textile Safeguards, William A. Gillon Sep 2014

Textile Trade With China - The Challenge Of Textile Safeguards, William A. Gillon

Georgia Journal of International & Comparative Law

No abstract provided.


Foreign Precedents In The Federal Judiciary: The Case Of The World Trade Organization's Dsb Decisions, James Thuo Gathii Sep 2014

Foreign Precedents In The Federal Judiciary: The Case Of The World Trade Organization's Dsb Decisions, James Thuo Gathii

Georgia Journal of International & Comparative Law

No abstract provided.


Sailing The Seas Of Protectionism: The Simultaneous Application Of Antidumping And Countervailing Duties To Nonmarket Economies - An Affront To Domestic And International Laws, Christopher Blake Mcdaniel Sep 2014

Sailing The Seas Of Protectionism: The Simultaneous Application Of Antidumping And Countervailing Duties To Nonmarket Economies - An Affront To Domestic And International Laws, Christopher Blake Mcdaniel

Georgia Journal of International & Comparative Law

No abstract provided.


Worth Keeping Around? The United States' Biofuel Policies And Compliance With The World Trade Organization, Kelly Christian Sep 2014

Worth Keeping Around? The United States' Biofuel Policies And Compliance With The World Trade Organization, Kelly Christian

Georgia Journal of International & Comparative Law

No abstract provided.


Justice For All In The Dispute Settlement System Of The World Trade Organization, Kim Van Der Borght Sep 2014

Justice For All In The Dispute Settlement System Of The World Trade Organization, Kim Van Der Borght

Georgia Journal of International & Comparative Law

No abstract provided.


Moving All-In With The World Trade Organization: Ignoring Adverse Rulings And Gambling With The Future Of The Wto, Paul Rothstein Sep 2014

Moving All-In With The World Trade Organization: Ignoring Adverse Rulings And Gambling With The Future Of The Wto, Paul Rothstein

Georgia Journal of International & Comparative Law

No abstract provided.


Administrative Deference To Liberalizing And Maintaining Free Trade: An Argument For Allowing The Department Of Commerce To Bestow Retroactively Calculated Remedies Upon Importers Under Section 129(C)(1) Of The Uruguay Round Agreements Act, Daniel J. Olds May 2014

Administrative Deference To Liberalizing And Maintaining Free Trade: An Argument For Allowing The Department Of Commerce To Bestow Retroactively Calculated Remedies Upon Importers Under Section 129(C)(1) Of The Uruguay Round Agreements Act, Daniel J. Olds

Georgia Journal of International & Comparative Law

No abstract provided.


China's Anti-Dumping Regime And Compliance With Anti-Dumping Principles: An Analysis Using Agricultural Dumping Case Studies, Adam Soliman May 2014

China's Anti-Dumping Regime And Compliance With Anti-Dumping Principles: An Analysis Using Agricultural Dumping Case Studies, Adam Soliman

University of Miami International and Comparative Law Review

The paper assesses China's anti-dumping regime, one of the important structures implemented by China in order to become a full member of the World Trade Organization (WTO). Section One sets forth the WTO's anti-dumping principles as well as analyzes the differences between the WTO principles and the definition of "dumping" as understood by economists. In significant respects, the WTO principles allow situations that do not actually constitute dumping-in an economic sense-to be treated as "dumping," leading to the imposition of duties and sanctions. Next, the paper evaluates the degree to which the separate anti-dumping regimes of China and the U.S. …