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Articles 1381 - 1410 of 6477
Full-Text Articles in International Trade Law
Law School News: Sanctions On Russia: Imperfect But Necessary 03-02-2022, Gregory W. Bowman
Law School News: Sanctions On Russia: Imperfect But Necessary 03-02-2022, Gregory W. Bowman
Life of the Law School (1993- )
No abstract provided.
Tariffs And Threats In Us Trade Policy: Debunking The Myth Of "Global Reset", Julien Chaisse, Debashis Chakraborty
Tariffs And Threats In Us Trade Policy: Debunking The Myth Of "Global Reset", Julien Chaisse, Debashis Chakraborty
Vanderbilt Journal of Transnational Law
In June 2020, the United States pushed for a "reset"of tariffs at the World Trade Organization (WTO). This move was heralded as necessary for the United States to level the uneven playing field caused by "high bound tariff rates." Ordinarily, the United States perceives trade remedies as a defensive measure. However, in this context, the United States seems to be preemptively acting against any misapplied, anti-dumping duties that it may face. For this reason, a global reset of tariffs will likely find support. It can be counterproductive for the new US administration to pursue such a strategy. If realized, it …
Foreword To The Special Issue On "Building A Sustainable Future: New Asian Regionalism In International Economic Law", Pasha L. Hsieh
Foreword To The Special Issue On "Building A Sustainable Future: New Asian Regionalism In International Economic Law", Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
We live in an unprecedented time, which witnesses the rapid transformation of global trade and politics. The neoliberal legal order in the post-war era has recently encountered multifaceted threats. Rising populist nationalism, US-China tensions and the COVID-19 pandemic have led to diverse forms of trade protectionism that has eroded the normative basis of international economic law. The Russian invasion of Ukraine and corresponding economic sanctions have further worsened the instability of the increasingly fragile supply chain and multilateral trading system. Amid these challenges, new Asian regionalism has emerged to shape and construct the new regional economic order. In response to …
The Eu-China Comprehensive Agreement On Investment: Between Strategic Opportunity And Strategic Autonomy, Henry S. Gao
The Eu-China Comprehensive Agreement On Investment: Between Strategic Opportunity And Strategic Autonomy, Henry S. Gao
Research Collection Yong Pung How School Of Law
This article provides a critical analysis of the EU-China Comprehensive Agreement on Investment (CAI), which was concluded in principle by the EU and China on 30 December 2020. It was hailed as “the most ambitious agreement that China has ever concluded with a third country” by the EU, and a “high-level” agreement that matches “international high-level economic and trade rules” by China. Upon a closer examination, however, such rhetoric does not appear to be warranted as the Agreement failed to add much in terms of substance. What, then, explains the rationale between the Agreement? This article argues that the key …
Mapping Sustainable Development In Investment Treaties: An Analysis Of Asean States' Practice, Mark Mclaughlin
Mapping Sustainable Development In Investment Treaties: An Analysis Of Asean States' Practice, Mark Mclaughlin
Research Collection Yong Pung How School Of Law
The interaction between sustainable development and international investment treaties is of growing concern. Could investment protection stymie health regulation? Will States be sued for introducing measures to tackle climate change? A growing body of sustainability-related case law is evidence that arbitral tribunals balance investment obligations against States’ ability to regulate for national security, health, the environment, labour rights, transparency, and corporate social responsibility. Against this background, this paper maps sustainable development issues in 371 bilateral investment treaties (hereinafter “BITs”) concluded by the Association of Southeast Asian Nations (ASEAN) States. It finds that only 26% of these treaties make any reference …
The Roadmap To The Asean-Eu Fta In The Post-Pandemic Era, Pasha L. Hsieh
The Roadmap To The Asean-Eu Fta In The Post-Pandemic Era, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
Relations between the Association of Southeast Asian Nations (ASEAN) and the European Union (EU) have enriched the multifaceted concept of interregionalism from legal and international relations perspectives. The article argues that the transformative ASEAN-EU frameworks have shaped the Third Interregionalism. Brussels' building-block approach envisions pathfinder agreements with individual ASEAN states as the basis for the ASEAN-EU FTA, which will help realize the EU's Indo-Paafic strategy and the ASEAN-EU Strategic Partnership. The designs of the EU's trade and investment agreements with Singapore and Vietnam are therefore critical. The article assesses core areas such as tariff liberalization and ASEAN cumulative rules of …
Is Popia Bad Business For South Africa? Comparing The Gdpr To Popia And Analyzing Popia’S Impact On Businesses In South Africa, Brea Jones
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
The Road To Independence: Historical Background, Legality, And Legitimacy Of The Proposed Secession Of The Bosnian Serbs From Bosnia And Herzegovina, Paul Pepi
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Programming A Fair Use: The Limitations Of Judicial Precedent, Patrick Misale
Programming A Fair Use: The Limitations Of Judicial Precedent, Patrick Misale
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Neutrality, Accommodation, Or Compromise: Comparing The Effectiveness Of Three Approaches Towards Protecting Religious Freedom, Beth Anne Patterson
Neutrality, Accommodation, Or Compromise: Comparing The Effectiveness Of Three Approaches Towards Protecting Religious Freedom, Beth Anne Patterson
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
How Uber’S Regulatory Success In The United States Slowed Its International Expansion, Grace A. Canfield
How Uber’S Regulatory Success In The United States Slowed Its International Expansion, Grace A. Canfield
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Aboriginal Transboundary Passage Rights On Connected United States Watercourses: From Canada To Mexico, Indigenous North American Reconciliation, Christopher Mark Macneill
Aboriginal Transboundary Passage Rights On Connected United States Watercourses: From Canada To Mexico, Indigenous North American Reconciliation, Christopher Mark Macneill
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Not So Respectful Consideration: The U.S. Supreme Court’S Deference Or Lack Thereof To Foreign Government Statements Of Law, Cindy G. Buys
Not So Respectful Consideration: The U.S. Supreme Court’S Deference Or Lack Thereof To Foreign Government Statements Of Law, Cindy G. Buys
Penn State Journal of Law & International Affairs (2012 - Present)
The amount of deference due foreign governments’ statements regarding the meaning of foreign law has long plagued U.S. courts. Courts have applied a variety of approaches in answering this question, including reliance on doctrines of international comity, respectful consideration, and Rule 44.1 of the Federal Rules of Civil Procedure. The U.S. Supreme Court recently attempted to provide additional guidance to lower courts and litigants in Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co., Ltd., where it created a new, five-factor test. However, application of this new test is likely to generate continued uncertainty and inconsistency in this area of …
China’S Defense Of Its Human Rights Policies, Daniel C.K Chow
China’S Defense Of Its Human Rights Policies, Daniel C.K Chow
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.
Foreward
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Lost Grounds In Us Trade Integration, John C. Beghin
Lost Grounds In Us Trade Integration, John C. Beghin
Cornhusker Economics
Growing World Trade Organization (WTO) membership and plurilateral trade agreements have increasingly occurred in the last 20 years leading to unprecedented market integration. However, in the last 5 years, the United States (US) has been diverging from its traditional role as a main driver of this integration. In contrast, Europe has been integrated progressively within itself and beyond, outpacing the US. The article documents these trends and changes. This article is based on a longer working paper and an article in EuroChoices coauthored with Jill O’Donnell.
Federally Mandated Online Sales Tax: A Logistical Solution For The Future Of E-Commerce, Daniel O'Connor
Federally Mandated Online Sales Tax: A Logistical Solution For The Future Of E-Commerce, Daniel O'Connor
DePaul Business & Commercial Law Journal
No abstract provided.
Economic Structural Transformation And Litigation: Evidence From Chinese Provinces, To Economic Change And Restructuring, Doug Bujakowski, Joan Schmit
Economic Structural Transformation And Litigation: Evidence From Chinese Provinces, To Economic Change And Restructuring, Doug Bujakowski, Joan Schmit
DePaul Business & Commercial Law Journal
No abstract provided.
The "Business Interruption" Insurance Coverage Conundrum: Covid-19 Presents A Challenge, Paul E. Traynor
The "Business Interruption" Insurance Coverage Conundrum: Covid-19 Presents A Challenge, Paul E. Traynor
DePaul Business & Commercial Law Journal
No abstract provided.
Misalighned Incentives In Markets: Envisioning Finance That Benefits All Of Society, Dr. Ryan Clements
Misalighned Incentives In Markets: Envisioning Finance That Benefits All Of Society, Dr. Ryan Clements
DePaul Business & Commercial Law Journal
No abstract provided.
The Second Transformation Of The International Intellectual Property Regime, Peter K. Yu
The Second Transformation Of The International Intellectual Property Regime, Peter K. Yu
Faculty Scholarship
This chapter focuses on the structural changes that international investment norms have posed to the international intellectual property regime. It begins by documenting the regime’s first transformation by the adoption of the TRIPS Agreement and the marriage of intellectual property and trade through the World Trade Organization. The chapter then explores the regime’s potential second transformation when bilateral, regional, and plurilateral agreements and new investor-state disputes have caused international investment norms to intrude into the intellectual property domain. It continues to identify three sets of problems that have emerged from such intrusion. The chapter concludes by proposing three solutions to …
Promising Trail Or Perilous Trap? Engaging China In The Wto And Beyond, Henry S. Gao
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
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
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
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
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
Monsanto: Creator Of Cancer Liability
DePaul Business & Commercial Law Journal
No abstract provided.
Impact Of Corporate Response To Controversial Presidential Statements Or Policies
Impact Of Corporate Response To Controversial Presidential Statements Or Policies
DePaul Business & Commercial Law Journal
No abstract provided.