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International Trade Law Commons

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Articles 1711 - 1740 of 6484

Full-Text Articles in International Trade Law

Trips And Its Contents, Peter K. Yu Jun 2020

Trips And Its Contents, Peter K. Yu

Faculty Scholarship

In 2006, I published TRIPS and Its Discontents in a symposium commemorating the tenth anniversary of the WTO TRIPS Agreement. At that time, developing countries were deeply discontent with the Agreement and the new and higher intellectual property standards that the WTO had imposed upon them. By contrast, when the TRIPS Agreement was about to celebrate its twenty-fifth anniversary in April 2019, the developing countries' trenchant critiques of the Agreement were mostly gone. Also disappearing were their usual accusations of neoimperialism.

What has happened? Have developing countries successfully adjusted, or become sensitized, to the high intellectual property standards in the …


Interpretation Of Article V Of The New York Convention In The Eleventh Circuit: Industrial Risk Insurers, Juan C. Garcia, Ivan Bracho Gonzalez Jun 2020

Interpretation Of Article V Of The New York Convention In The Eleventh Circuit: Industrial Risk Insurers, Juan C. Garcia, Ivan Bracho Gonzalez

University of Miami Law Review

The widespread use and growing preference for international arbitration over cross-border litigation is primarily due to the existence of a clear and straightforward regime for the enforcement of arbitration agreements and awards. Even though this was not always the case, through the appearance of the New York Convention and the United Nations Commission on International Trade Law (“UNCITRAL”) Model Law on International Commercial Arbitration, the treatment and acceptance of international arbitration in different legal regimes has undergone a harmonization process which has served to develop consistency. That harmonization process, however, has not been completed. Several jurisdictions, even within their own …


South Dakota V. Wayfair: An Ill-Conceived Blow To The Free Flow Of Interstate Commerce, Revel Shinn Atkinson Jun 2020

South Dakota V. Wayfair: An Ill-Conceived Blow To The Free Flow Of Interstate Commerce, Revel Shinn Atkinson

Brooklyn Journal of Corporate, Financial & Commercial Law

For more than a century, brick-and-mortar retailers have been losing local customers—first with the rise of mail-order houses and then more acutely with the rapid growth of online retail. As a result, states have noticed a significant loss in sales tax revenue. While an equivalent amount of tax is typically still owed to the state in the form of a use tax, which is to be remitted to the state by the customer, because these taxes are not automatically collected at the time of the sale, customers have overwhelmingly elected not to pay them. In an effort to recover this …


Three Essays On International Trade Policies, Xin Yi Jun 2020

Three Essays On International Trade Policies, Xin Yi

Dissertations and Theses Collection (Open Access)

This dissertation studies the empirical and quantitative implications of trade policies. The first chapter examines the effects of trade policies on quality specialization across cities within a country. Specifically, we complement the quality specialization literature in international trade and study how larger cities within a country produce goods with higher quality. We first establish three stylized facts on how product quality is related to agglomeration, firm productivity, and worker skills. We then rationalize these facts in a spatial equilibrium model where all the elements mentioned above are present and firms are free to choose their locations. Using firm-level data from …


Can Soft Words Lead To Strong Deeds? A Comparative Analysis Of Corporate Human Rights Commitments’ Enforcement, Adeline Michoud Jun 2020

Can Soft Words Lead To Strong Deeds? A Comparative Analysis Of Corporate Human Rights Commitments’ Enforcement, Adeline Michoud

Seattle Journal for Social Justice

No abstract provided.


An Inquiry Into The Scope Of Mfn Provisions In Bilateral Investment Treaties, Amit Kumar Sinha Jun 2020

An Inquiry Into The Scope Of Mfn Provisions In Bilateral Investment Treaties, Amit Kumar Sinha

Brooklyn Journal of International Law

This article inquires into the scope of MFN treatment in Bilateral Investment Treaties. The article primarily analyzes the ways in which MFN treatment may be extended to foreign investors; this includes extending favorable treatment to a foreign investor in cases of internal/domestic measures and borrowing more favorable provisions from third-party BITs. This article attempts to shed light on the interpretation and dynamics of the use of MFN provisions for internal measures. It also delves into the rationale for borrowing provisions from third-party BITs. It further presents a critique of various tribunals’ decisions and scholarly discussions and writings that deal with …


China's Belt And Road Initiative: An Examination Of Project Financing Issues And Alternatives, August Nelson Dinwiddie Jun 2020

China's Belt And Road Initiative: An Examination Of Project Financing Issues And Alternatives, August Nelson Dinwiddie

Brooklyn Journal of International Law

In 2013, China launched the Belt and Road Initiative (BRI) to realize the vision of revitalizing the ancient Silk Road. The BRI can be characterized as a vast infrastructure development initiative spanning over sixty-five countries that total almost half of the world's GDP. Since its launch, BRI projects have primarily been financed through commercial loans provided by Chinese banks, creating concerns over debt sustainability. At the top of these concerns are fears over whether participation in the BRI will lead to a "debt-trap scenaro." Public-Private Partnerships (PPPs) provide an alternative financing option. In project development under a PPP, particularly the …


Kosovo's Controversial 100 Percent Tariff: An Analysis Of Its Imposition And The Issues Bleeding Into The Conflict Between Kosovo And Serbia, Ernira Mehmetaj Jun 2020

Kosovo's Controversial 100 Percent Tariff: An Analysis Of Its Imposition And The Issues Bleeding Into The Conflict Between Kosovo And Serbia, Ernira Mehmetaj

Brooklyn Journal of International Law

On November 6, 2018, Kosovo imposed a 10 percent tariff on products imported from Serbia and Bosnia and Herzegovina. Later that month, on November 28, 2018, after Kosovo was denied membership in the International Criminal Police Organization, Kosovo increased the custom tariffs on Serbian and Bosnian goods from 10 to 100 percent. These actions resulted in a standstill of the European Union–mandated Belgrade-Pristina dialogue—a dialogue seeking to normalize the relations between the two states. Having the tumultuous history shared by Kosovo and Serbia as a backdrop, this Note analyzes the international agreements Kosovo is party to, specifically the Central European …


The International Claims Trade, Kathleen Claussen Jun 2020

The International Claims Trade, Kathleen Claussen

Cardozo Law Review

Investments are mobile in the twenty-first century international economy. They are seldom held for their duration by a single owner from a single country. They change hands and they do so for a variety of reasons, often in the course of a dispute. But the scholarship addressing what happens when international investments and legal claims against sovereigns regarding those investments change hands appears only at the margins. The practice of buying and selling claims or claims trading is well known and institutionalized in some areas of domestic litigation. For cross-border investment disputes against sovereigns, however, many of the cases discussing …


Discrimination And Privacy Concerns At The Intersection Of Healthcare And Big Data, James Koenderman Jun 2020

Discrimination And Privacy Concerns At The Intersection Of Healthcare And Big Data, James Koenderman

Cardozo Law Review

No abstract provided.


Introduction To The Symposium On Soft And Hard Law On Business And Human Rights, Steven R. Ratner Jun 2020

Introduction To The Symposium On Soft And Hard Law On Business And Human Rights, Steven R. Ratner

Articles

This symposium turns to a major debate within a field of international law that has moved from the periphery to center stage in just a few decades—business and human rights, or BHR: Can and should international law's approach to the human rights impacts of business activity shift from today's mostly soft-law framework to a multilateral treaty regime? While advocates for and against such a treaty debate this point at the UN Human Rights Council and other venues, this symposium examines the problem from four theoretical perspectives. Each contribution offers insights for practitioners and scholars alike, but they suggest no easy …


China's Innovative Turn And The Changing Pharmaceutical Landscape, Peter K. Yu May 2020

China's Innovative Turn And The Changing Pharmaceutical Landscape, Peter K. Yu

Faculty Scholarship

For more than a decade, China has been the world's leading supplier of active pharmaceutical ingredients. Today, it is not only the world's second largest pharmaceutical market, behind only the United States, but it also produces about four percent of the world's new pharmaceutical products. Despite these impressive accomplishments, China does not have internationally recognized pharmaceutical brands that are comparable to those found in Europe or the United States, such as Johnson & Johnson, Merck, Novartis, Pfizer, Roche and Sanofi. Nor does China rival India in its status as the "pharmacy of the world," providing generic drugs to needy countries …


The More Things Change, The More They Stay The Same: The United States, Trade Sanctions, And International Blocking Acts, Meaghan Jennison May 2020

The More Things Change, The More They Stay The Same: The United States, Trade Sanctions, And International Blocking Acts, Meaghan Jennison

Catholic University Law Review

When the United States unilaterally withdrew from the Joint Comprehensive Plan of Action (“JCPOA,” colloquially known as the Iran Nuclear Deal) in May of 2018, that withdrawal signaled not only the United States withdrawal from that deal, of which it had been one of the chief negotiators, but also of a new level of trade engagement by the United States and the Trump Administration within the international community. European countries, in an attempt to continue existing business relationships with the Iranians, pulled an old tool from their toolbox – the blocking statute – to attempt to allow European and multinational …


Life In A Sharing Economy: What Airbnb, Turo, And Other Accommodation-Sharing Services Mean For Cities, Zoe Mckenzie May 2020

Life In A Sharing Economy: What Airbnb, Turo, And Other Accommodation-Sharing Services Mean For Cities, Zoe Mckenzie

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Sharing The Burden Of Citizenship: It's Time For America's Daughters To Register For The Draft, Kylie Hanlon May 2020

Sharing The Burden Of Citizenship: It's Time For America's Daughters To Register For The Draft, Kylie Hanlon

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Going Postal: President Trump And The United States' Tumultuous Current Relationship With The Universal Postal Union, And Its Effect On The International Shipment Of Opioids, Logan Nagle May 2020

Going Postal: President Trump And The United States' Tumultuous Current Relationship With The Universal Postal Union, And Its Effect On The International Shipment Of Opioids, Logan Nagle

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Chinese Receptions Of Carl Schmitt Since 1929, Ryan Martinez Mitchell May 2020

Chinese Receptions Of Carl Schmitt Since 1929, Ryan Martinez Mitchell

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Territorial Status Triggering A Functional Approach To Statehood, William Thomas Worster May 2020

Territorial Status Triggering A Functional Approach To Statehood, William Thomas Worster

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


China's Approach On Data Privacy Law: A Third Way Between The U.S. And The E.U.?, Emmanuel Pernot-Leplay May 2020

China's Approach On Data Privacy Law: A Third Way Between The U.S. And The E.U.?, Emmanuel Pernot-Leplay

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


The Price Of Prosecution: The Reality For Syrian Transitional Justice, Faten Ghosn, Joanna Jandali May 2020

The Price Of Prosecution: The Reality For Syrian Transitional Justice, Faten Ghosn, Joanna Jandali

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Foreword May 2020

Foreword

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Table Of Contents May 2020

Table Of Contents

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Dedication May 2020

Dedication

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Jlia Editorial Board & Staff May 2020

Jlia Editorial Board & Staff

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Global Animal Law And International Trade Law After Ec-Seal Products: An Interactional Analysis, Katie Sykes May 2020

Global Animal Law And International Trade Law After Ec-Seal Products: An Interactional Analysis, Katie Sykes

PhD Dissertations

This thesis is a case study of the formation of new norms in international law. The norms are those that concern animal protection. The thesis argues that international trade law is playing a part in the development of international legal norms for animal protection. The theoretical model applied is interactional international law, the theory of the constructivist international legal scholars Jutta Brunnée and Stephen Toope. Interactional theory posits that legitimate, binding international law arises from norms based on shared understandings, exhibits specifically legal characteristics that correspond to Lon Fuller’s criteria of legality, and is created, maintained and supported through interaction …


Covid-19 And South-South Trade & Investment Cooperation: Three Emerging Narratives, Olabisi D. Akinkugbe, Clair Gammage May 2020

Covid-19 And South-South Trade & Investment Cooperation: Three Emerging Narratives, Olabisi D. Akinkugbe, Clair Gammage

Articles, Book Chapters, & Popular Press

The COVID-19 pandemic has revealed the frailties of economic relations across different aspects of the globalized network. From the national, through the sub-regional, to the regional to the international levels, questions have arisen regarding the seemingly interconnected, yet fractured socio-economic relationships in our modern societies. In this essay we shall focus on the trade and investment dimension of South-South relations that have been affected by the pandemic. In doing so, we shall reveal the (often overlooked or taken for granted) linkages with race in South-South relations. We identify the way(s) in which the Covid-19 pandemic has made obvious the latent …


Importing Prescription Drugs From Canada — Legal And Practical Problems With The Trump Administration's Proposal, Rachel E. Sachs, Nicholas Bagley May 2020

Importing Prescription Drugs From Canada — Legal And Practical Problems With The Trump Administration's Proposal, Rachel E. Sachs, Nicholas Bagley

Articles

As Americans report ever-growing difficulty affording their prescription drugs, President Donald Trump has come under increasing pressure to act. To date, the Trump administration has attempted to advance a number of policy initiatives by means of executive action, but it has not yet adopted a program that would meaningfully assist patients. Most recently, the administration proposed a rule that, if finalized, would allow states to develop programs to import lower-priced prescription drugs from Canada, with the intent of reducing spending on drugs by U.S. patients and states and increasing access for patients.


Is China Stealing Our Tech? A Look Into The Role Of Intellectual Property Rights In Us-China Trade Relations, Ryan Chester May 2020

Is China Stealing Our Tech? A Look Into The Role Of Intellectual Property Rights In Us-China Trade Relations, Ryan Chester

Honors Scholar Theses

This thesis aims to further the current scholarship on Intellectual Property Rights (IPR) and their effects on international trade and the US-China trade relationship more specifically. The main analysis of this thesis is a quantitative cross-country analysis of over 100 countries to see how IPR plays a role in international trade, while analyzing how the Sino-US trade relationship fits into larger trends. This thesis aims to answer the questions as follows: What are the current policies surrounding Intellectual Property Rights between China and the US? Does increasing the strength of IPR laws influence imports? Does the strength of a country’s …


Fintech And International Financial Regulation, Yesha Yadav May 2020

Fintech And International Financial Regulation, Yesha Yadav

Vanderbilt Law School Faculty Publications

This Article shows that fintech exacerbates the difficulties of standard setting in international financial regulation. Earlier work introduced the "Innovation Trilemma" (the Trilemma). When seeking to balance the goals of achieving market integrity and innovation through clear and simple rulemaking, regulators can-at best-achieve only two out of these three objectives. Fintech's unique characteristics- a reliance on automation and artificial intelligence, novel types of big data, as well as the use of disintermediating financial supply chains comprising a mix of traditional firms as well as technology specialists and newcomers-complicates the application of the Trilemma. Rulemaking struggles to achieve needed clarity where …


Diversity Of Shareholder Stewardship In Asia: Faux Convergence, Gen Goto, Alan K. Koh, Dan W. Puchniak May 2020

Diversity Of Shareholder Stewardship In Asia: Faux Convergence, Gen Goto, Alan K. Koh, Dan W. Puchniak

Research Collection Yong Pung How School Of Law

Since the UK adopted the world's first stewardship code in 2010, stewardship codes have proliferated across Asia. Given the UK Code's prominence, it is tempting to assume that every other stewardship code performs the same function as the UK Code. This assumption belies the truth: all these codes--regardless of whether they have in fact drawn inspiration from the UK Code--have taken different trajectories due to each adopting its jurisdiction's distinctive institutional and legal context.Using empirical evidence and in-depth case studies of stewardship in Japan and Singapore, this Article reveals how any reception of United Kingdom-style stewardship concepts is only skin …