International Trade Law Commons^™

The Sustainability Of The International Contract Between The Notions Of: “Pacta Sunt Servanda” And “Things Thus Standing”: Reflections On The Interpretative Power Of The Arbitrator, Dr. Imad Hammadi Al-Bejawi

UAEU Law Journal

The incidence of disruptive circumstances of the balance initially projected by the parties to an international contract may put an end to it or render it an excessively onerous load for one of the contracting parties. In that context, the role of the arbitrator is vital. The mission of the arbitrator is particularly problematic in the situation that the parties had not formally predicted for the changes probable to affect the performance of the contract in their agreement. The arbitrator will be asked to decide on the destiny of the contract confronted by execution difficulties. Supposedly, two alternatives are presented. …

Renewable Energy And Trade: Meeting The Paris Agreement’S Goals Through A Two-Step Jurisprudential Advance, Lisa Benjamin

Minnesota Journal of Law, Science & Technology

No abstract provided.

Collared—A Film Case Study About Insider Trading And Ethics, Garrick Apollon

St. Mary's Journal on Legal Malpractice & Ethics

This Article discusses the visual legal advocacy documentary film, Collared, by Garrick Apollon (author of this Article). Collared premiered in fall 2018 to a sold-out audience at the Hot Docs Cinema in Toronto for the Hot Docs for Continuing Professional Education edutainment initiative. Collared features the story and reveals the testimony of a convicted ex-insider trader who is still struggling with the tragic consequences of “the most prolonged insider trading scheme ever discovered by American and Canadian securities investigators.” The intimate insights shared by former lawyer and reformed white-collar criminal, Joseph Grmovsek, serves as a painful reminder of the …

Investors As International Law Intermediaries: Using Shareholder Proposals To Enforce Human Rights, Kishanthi Parella

Scholarly Articles

One of the biggest challenges with international law remains its enforcement. This challenge grows when it comes to enforcing international law norms against corporations and other business organizations. The United Nations Guiding Principles recognizes the “corporate responsibility to respect human rights,” which includes human rights due diligence practices that are adequate for “assessing actual and potential human rights impacts, integrating and acting upon the findings, tracking responses, and communicating how impacts are addressed.” Unfortunately, many corporations around the world are failing to implement adequate human rights due diligence practices in their supply chains. This inattention leads to significant harms for …

A Monopoly As Vast As The Amazon: How Amazon’S Proprietary Data Collection Is A Violation Of The Treaty On The Functioning Of The European Union, Alexis Adams

American University International Law Review

No abstract provided.

Delaware's Global Competitiveness, William J. Moon

Faculty Scholarship

For about a hundred years, Delaware has been the leading jurisdiction for corporate law in the United States. The state, which deliberately embarked on a mission to build a haven for corporate law in the early twentieth century, now supplies corporate charters to over two thirds of Fortune 500 companies and a growing share of closely held companies. But Delaware’s domestic dominance masks the important and yet underexamined issue of whether Delaware maintains its competitive edge globally.

This Article examines Delaware’s global competitiveness, documenting Delaware’s surprising weakness competing in the emerging international market for corporate charters. It does so principally …

The Olives Of Others: The United States Anti-Dumping And Countervailing Duties On Ripe Olives From Spain, Gregory Frering

American University International Law Review

No abstract provided.

Triping On Trade Secrets: How China’S Cybertheft Of U.S. Trade Secrets Violated Trips, Kassidy Schmitz

American University International Law Review

No abstract provided.

The Efficient Breach Theory In International Investment Law, Sangwani Patrick Ng’Ambi

Northwestern Journal of International Law & Business

When a State unilaterally abrogates its contractual obligations, it is under a duty to compensate the investor. The aim of the compensation regime under International Investment Law is to restore the investor to a position he or she would have been in had the breach not taken place. Thus, the award of compensation should not only include sunk costs (damnum emergens) but also lost future profits (lucrum cessans).

In this article it is argued that the rules relating to compensation promote efficiency, as per the ‘efficient breach theory’ because they dissuade governments from unilaterally abrogating concession agreements, unless they can …

Between Backlash And The Re-Emerging “Calvo Doctrine”: Investor-State Dispute Settlement In An Era Of Socialism, Protectionism, And Nationalism, Ylli Dautaj

Northwestern Journal of International Law & Business

The Investor-State Dispute Settlement (ISDS) regime stands on shaky ground. Its legitimacy is heavily questioned by critics and a “backlash debate” has ensued. As a result, a contested and infected debate has been on-going for some years now and multiple reform proposals have been offered, ranging from (a) moderate (and sensible) reform proposals—e.g., increased transparency; the inclusion of state counterclaims; the inclusion of higher ethical standards; reformulating deference standards; applying human rights and environmental law when interpreting international investment treaties; etc.—to more (b) radical reform proposals—e.g., the elaboration of either an Appellate System or an Investment Court System (ICS). Such …

Mining In Guatemala: Human Rights And Investment Treaty Arbitration, Valentina Capotosto

Human Rights Brief

No abstract provided.

Forget Bit: The Impact Of Rta On Fdi And Economic Growth – A Comparison Of Brazil And Mexico, Rosa Meguerian-Faria

Northwestern Journal of International Law & Business

This article explores the relationship between international trade law, foreign direct investment (FDI), and economic growth of developing countries. Here, I argue that a developing state needs to capture the right combination of the different types of FDI to promote domestic growth. I apply principles of law, economics, and finance to my analysis of the importance of Bilateral Investment Treaties (BITs), compared to Regional Trade Agreements (RTAs) to FDI inflow, and how it can impact economic growth in developing countries. I show that the RTAs give a signal that the country is open to foreign investment, and therefore it promotes …

How To Treat The Wto's Problem With Precedent, Timothy Meyer

Faculty Scholarship

This Article argues that the World Trade Organization’s Appellate Body (AB), or a successor body, must become more transparent in justifying its decision to rely (or not) on prior decisions. The AB’s practice of precedent—which the United States cited as a cause of its decision to paralyze the AB by blocking new appointments—is similar to how it has approached “likeness” in nondiscrimination cases. It placed a lot of weight on whether two cases (or products) are sufficiently similar to be compared, and it spent relatively less time substantively justifying its treatment of prior cases. Because the WTO does not have …

Child-Proofing Global Public Health In Anticipation Of Emergency, Frederick M. Abbott

Scholarly Publications

No abstract provided.

Law, Institution And State Industrial Promotion, Yong Shik Lee

Indian Journal of International Economic Law

This article examines state industrial promotion from legal and institutional perspectives. Economists have argued since the 18th century on the economic efficiency of government involvement in the economy. While state-led development policies in some of the most successful development cases, such as South Korea, Taiwan, Hong Kong, Singapore, and more recently, China, have been effective, many have doubted the wisdom of government involvement in the economy. Where the availability of information is limited and the financial market is imperfect (which are the inherent conditions of less-developed countries), the government can provide beneficial initiatives in productive industrial pursuits, as demonstrated by …

Sustainable Development Goals V. Non-Discrimination In Wto Law: Does The End Justify The Means?, Charlotte Sieber-Gasser, Smriti Kalra, Aditi Vishwas Sheth

Indian Journal of International Economic Law

This article examines state industrial promotion from legal and institutional perspectives. Economists have argued since the 18th century on the economic efficiency of government involvement in the economy. While state-led development policies in some of the most successful development cases, such as South Korea, Taiwan, Hong Kong, Singapore, and more recently, China, have been effective, many have doubted the wisdom of government involvement in the economy. Where the availability of information is limited and the financial market is imperfect (which are the inherent conditions of less-developed countries), the government can provide beneficial initiatives in productive industrial pursuits, as demonstrated by …

Patriot Games: India And China: Brinkmanship In The Realm Of Apps, Neeraj Rajan Sabitha, Petros C. Mavroidis

Indian Journal of International Economic Law

India recently decided to ban a slew of applications (“apps”), mostly Chinese, accessed on mobile phones and other internet-based devices citing privacy and security concerns arising from the surreptitious mining and profiling of user data that is collected by these apps. It found these activities to be prejudicial to the sovereignty and integrity of India, defence of India, security of the state and public order. China responded that it suspected India’s decision to ban these apps to have violated the obligations that India had committed to under the framework of the World Trade Organization (WTO). Through this paper, we explore …

Tales Of Economic Warfare: The Plunder Of Venezuela, Dr. Mohsen Al Attar, Alexander Reay

Indian Journal of International Economic Law

In most treatises, International Economic Law (IEL) is presented as a neutral set of doctrines, principles, and rules. Actors may compete against one another and vie for economic success, but the rules are indifferent towards the outcome. It is this notion of an apolitical IEL that we challenge throughout this article. Using a case study of Venezuela, we illustrate how the rules of the international economic order are leveraged by the UK, the EU, and the United States to engineer preferred political outcomes. We examine three interconnected assaults perpetrated against Venezuela by the English Courts, the United States, and

the …

Enforcement And Direct Effect Of Wto Law Under European And South African Law, Oliver C Ruppel, Yannick Hoppe

Indian Journal of International Economic Law

This article deals with the consistent enforcement of WTO law outside the infrastructure of the WTO, which is known as the matter of ‘direct effect’ of public international law. It is generally accepted that private parties cannot resolve trade conflicts on the platform of the WTO even if they are affected by trade restrictions. However, there are strong supporters who argue in favor of private parties to bring WTO claims before national courts. Thus, it is assessed by the author’s whether WTO law is directly effective in the legal systems of the European Union and South Africa. Since the matter …

The Trump Administration's Critique Of The World Trade Organisation And Its Implications For The International Trading System, Dr. Kenneth Holland

Indian Journal of International Economic Law

The crisis in which the World Trade Organization is in could be best understood as the product of the rise of China and the incredible power rivalry that it has sparked with the United States. The WTO was founded in 1995, at a time when the United States was the world’s sole superpower, and expectations were high that democracy was in the ascendancy. By 2013, however, with the ascension of Xi Jinping to the leadership of the Chinese Communist Party, it was clear that China was growing increasingly authoritarian and illiberal. From Washington’s point of view, the WTO, with its …

Global Trade-Enabling Law, Panagiotis Delimatsis

Indian Journal of International Economic Law

Trade regulation may never have been in more flux than it is nowadays. Apart from the emergence of ‘megaregionals’ (more recently, the Regional Comprehensive Economic Partnership – RCEP, or the Comprehensive and Progressive Trans-pacific Partnership–CPTPP) and the difficulties in pursuing the objectives of the Doha Development Agenda, the increased heterogeneity of interests within the World Trade Organization (WTO) puts into question its ability to achieve its central objective of free(r) trade. While internally rethinking the future of the WTO, it seems opportune to discuss, and factor in the realities of everyday global trade. To this end, this Article argues that …

Mandatory Investor-State Conciliation Before Arbitration In Asia-Pacific Treaties: New Developments And Implications For India And Australia, James Claxton, Luke Nottage, Ana Ubilava

Indian Journal of International Economic Law

India’s 2016 Model Bilateral Investment Treaty (BIT) was partly prompted by the 2010 investor-state arbitration award for White Industries against India under the latter’s BIT with Australia, terminated by India in 2017 along with many other older BITs. India’s Model BIT is decidedly more pro-host-state in substantive commitments towards foreign investors, although still retains circumscribed investor-state arbitration provisions, and it may be complicating India’s negotiations for new Free Trade Agreements (FTAs). Australia is also reviewing its own older BITs, although its recent FTA investment chapters mostly retain a more conventional format. However, Australia’s FTA with Indonesia signed in 2019 includes …

Interpreting The 'National Treatment' Obligation Under Gats, Anushree Malaviya

Indian Journal of International Economic Law

The General Agreement on Trade and Services 1994 (GATS) strikes a balance between liberalizing the trade in services among the Members of the World Trade Organisation (WTO), while granting a considerable margin of discretion to the Members in the manner in which they choose to discharge their obligations. One of the most crucial obligations contained therein is that of National Treatment – which prohibits discrimination between foreign and domestic services. The bare text of the provision has however created more confusion rather than given clarity – particularly in light of the advent of new technology not envisaged at the time …

Trade Integration In Turbulent Times, Petros C. Mavroidis

Faculty Scholarship

The WTO has been going through an existential crisis, from which it is like that it will not exit unscathed. If it is to remain an organization of universal membership, it will have to content itself to shallow integration. Its continuing policy relevance, will largely depend on the choices it will make about the nature of its own integration process. The good news is that no one can simply walk away from globalization. The downside (for the WTO) is that globalization is being increasingly administered through bilateral contracts.

Table Of Contents

Seattle University Law Review

Table of Contents.

Shifting Contour Of Data Sharing In Financial Market And Regulatory Responses: The Uk And Australian Models, Han-Wei Liu

American University Business Law Review

I. INTRODUCTION

Starting from Directive 2015/2366 on Payment Services in the Internal Market — known as PSD II in the European Union (EU) — countries across the world have or are contemplating a new framework to govern data sharing among different players in the financial market. “Open Banking,” as this trend is called, requires or encourages — depending on the regulatory models adopted in different jurisdictions — banks to share consumer-permissioned banking data with third parties securely, in a form that facilitates its use. The Open Banking initiatives have diffused from the EU, and the UK, to elsewhere. The current …

The Paris Agreement Compliance Mechanism: Beyond Cop 26, Jessica Owley, Imad Antoined Ibrahim, Sandrine Maljean-Dubois

Articles

Without an international tribunal or tools like trade sanctions, there is little to coerce or encourage adherence with environmental treaties. The Paris Agreement, the governing global agreement to address climate change, relies on voluntary global cooperation. Countries determine their own commitments by setting nationally determined contributions of greenhouse gases emissions. The main mandatory elements of the agreement are reporting requirements. The success of the agreement turns on whether countries comply with these requirements. Article 15 of the Paris Agreement establishes a Compliance Committee and sets forth the mechanisms to ensure and facilitate compliance with the agreement. Yet, as with the …

Can Investment Dispute Settlement Ever Be Depoliticized?, Fernando Dias Simões

Cardozo International & Comparative Law Review

Investor-state arbitration was created with the hope of depoliticizing investment disputes. However, the adoption of the traditional party-appointment system, in which disputing parties play a direct role in the composition of the tribunal, is increasingly criticized. Many believe that party appointment is a tool ofpolitical influence over the arbitrators' interpretative space. Suggestions for reform of the system have proliferated. The most radical proposal currently on the table-the creation of a permanent investment court-would cause a paradigm shift in the selection of adjudicators, moving from a disputing party framework, to a treaty party context. This article analyzes different options to reduce …

Are Digital Services Taxes Imposed By Other Countries Creditable Under Irc Section 903? Yes. But, What If The Opposite Is True?, Charles Edward Andrew Lincoln Iv

Touro Law Review

No abstract provided.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents