International Trade Law Commons^™

Municipal Bondage: The Undisclosed Disclosure Obligations On Municipal Securities Issuers, 3 J. Marshall Global Mkt. L.J. 111 (2015), Claymore Hardman

John Marshall Global Markets Law Journal

The municipal securities market has recently become the target of increased regulatory scrutiny. Once considered a “sleepy market,” the market is now burdened by new regulations, increased oversight, and heightened enforcement, which place direct disclosure obligations on municipal securities issuers. As such, the clear provisions of the 1975 Tower Amendment, which limit regulation of the municipal securities market to anti-fraud actions, have been cut off at all corners. This Article examines the fundamental discord between regulating the municipal securities market with the same structure and intensity as the corporate securities market. This Article proposes limiting the reach of federal regulatory …

Charting A New Revolution In Equity Crowdfunding: The Rise Of State Crowdfunding Regimes In Response To The Inadequacy Of Title Iii Of The Jobs Act, 3 J. Marshall Global Mkt. L.J. 135 (2015), Christopher Douglas Mitchell

John Marshall Global Markets Law Journal

States, through the recent implementation of intrastate crowdfunding exemptions, have become significant players in the creation of an equity crowdfunding industry in the United States. Crowdfunding is an alternative capital-raising source for businesses and entrepreneurs, where investing and capital-raising takes place through solicitations of small amounts of money from a large number of people, typically via the Internet. While the federal crowdfunding provisions in Title III of the federal Jumpstart Our Business Startups Act (“JOBS Act”) have received much publicity, states are taking a leading role in enacting equity crowdfunding laws. State-enacted intrastate crowdfunding laws authorize securities offerings by residents …

National Company Disclosure Regulatory Frameworks: Superficially Similar But Substantively Different, 3 J. Marshall Global Mkt. L.J. 187 (2015), Gill North

John Marshall Global Markets Law Journal

The United States has led the world for many decades with regard to company disclosure rules and standards; other national company disclosure structures are based largely on the U.S. model. In December 2013 the U.S. Securities and Exchange Commission (the “SEC”) indicated that it intended to review Regulation S-K, which contains many important rules governing listed company reporting in the United States. This Article calls for the SEC to maintain its comprehensive approach to corporate disclosure regulation and practice as an essential platform for the future health of global financial markets. This Article highlights the importance of the global leadership …

Fairness As Appropriateness: Some Reflections On Procedural Fairness In Wto Law, Chios Carmody

Law Publications

No abstract provided.

Independence And Wto Law, Chios Carmody

Law Publications

No abstract provided.

Global Systemic Risk And International Regulatory Coordination: Squaring Sovereignty And Financial Stability, Federico Lupo-Pasini, Ross P. Buckley

American University International Law Review

No abstract provided.

The U.S. And Russian Patent Systems: Recent Amendments And Global Implications For The Protection Of Intellectual Property Rights, 14 J. Marshall Rev. Intell. Prop. L. 504 (2015), Elena Beier, Anne Wright Fiero

UIC Review of Intellectual Property Law

Recent legislative and geo-political activity might suggest little common ground between the United States and Russia. The respective intellectual property laws of these two countries, however, share many common goals. In fact, as reflected in the Report of the Innovation Working Group of the Russia-US Bilateral Presidential Commission (initiated by the Ministry of Economic development of the Russian Federation and U.S. Department of State), the two countries are trending towards cooperative intellectual property legislation. This article compares U.S. and Russian patent laws, with a particular emphasis on recent amendments in the areas of inventorship, prior art, and technology transfers. It …

Bad News Birkins: Counterfeit In Luxury Brands, 14 J. Marshall Rev. Intell. Prop. L. 249 (2015), Colleen Jordan Orscheln

UIC Review of Intellectual Property Law

The luxury fashion industry spends millions of dollars each year fighting counterfeits, yet a fake Louis Vuitton bag is easily purchased on street corners around the world. Proponents of the counterfeits argue that the fakes translate to advertising for the brands, while the luxury brands argue that it damages the future of their brand. The counterfeit market has been linked to child labor, human trafficking, organized crime, and some terrorist groups. The current federal civil and criminal statutes exclude purchasers from prosecution and instead focus on the distributors of the goods. This comment proposes the strengthening of these laws by …

Striking The Right Balance: Limits On The Right To Bring An Action Under Article 263(4) Of The Treaty On The Functioning Of The European Union, Roberto Mastroianni, Andrea Pezza

American University International Law Review

No abstract provided.

The Privatization Of The Use Of Force Meets The Law Of State Responsibility, Vanessa Ballesteros Moya

American University International Law Review

No abstract provided.

The Insufficiency Of The Musical Instrument Passport Program Under Cites And The Lacey Act: The Need For A Centralized Wood Title Certification System For Manufactured Wood Products And Wooden Musical Instruments, 48 J. Marshall L. Rev. 495 (2015), Joseph Furlett

UIC Law Review

This comment begins with overviews of the Lacey Act, the Convention on International Trade of Endangered Species of Wild Fauna and Flora (CITES), and the Endangered Species Act of 1973 (ESA). The purpose of this background information is to provide context for the recent creation of a “passport” system for musical instruments to protect them from confiscation based on violations of CITES and the Lacey Act. This comment will then analyze the inherent flaws in the current passport system and describe the difficulties facing corporations and individual consumers as they try to navigate current laws that affect musical instruments. This …

Recognizing "Access To Information" As A Basic Human Right: A Necessary Step In Enforcing Human Rights Provisions Within Free Trade Agreements, Brittany Grasmick

Loyola University Chicago International Law Review

No abstract provided.

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.

How Informed Is Sovereign Consent To Investor-State Arbitration?, David N. Cinotti

Maryland Journal of International Law

No abstract provided.

Customs Law, Jennifer Diaz, Brandi B. Frederick, Shannon Fura, Yankun Guo, Jamie Joiner, Greg Kanargelidis, Daniel L. Kiselbach, Ryan Mcclure, Bethany Nelson, Rebecca A. Rodriguez, David Salkeld, Trice Stabler, Cyndee Todgham-Cherniak, Nghia "Neo" T. Tran, George Tuttle Iii, Luis Valdez Jimenez, Vicky Wu

The International Lawyer

This article summarizes important developments in 2014 in customs law, including U.S. judicial decisions, trade, legislative, administrative, and executive developments, as well as Canadian and European legal developments.

Ilo Labor Standards And Trade Agreements: A Case For Consistency, Desiree Leclercq, Jordi Agusti-Panareda, Franz Christian Ebert

Scholarly Works

A growing number of trade agreements have taken an important step toward ensuring consistency by referring to - and hence incorporating the legal content of - ILO instruments. On its face, this uniform reference suggests an increasing alignment between the ILO's international labor standards system and the labor provisions included in the various trade agreements. The application of these references in the decentralized trade context needs to be considered carefully, however, as there is a risk of inconsistent practices between agreements.

How Local Discrimination Can Promote Global Public Goods, Timothy Meyer

Faculty Scholarship

International negotiations struggle to keep pace with global problems like climate change. To fill this gap, local governments increasingly take matters into their own hands. For example, to promote the benefits of clean energy, a local government might give subsidies to renewable energy companies. Since 2001, California has given $2 billion in such subsidies, while states ranging from Minnesota to Kansas and Mississippi have doled out hundreds of millions of dollars each. Cities, such as Austin and Los Angeles, have also gotten into the act, contributing millions to renewable energy firms. To build support for these measures, the local government …

Mapping The Interface Between Human Rights And Intellectual Property, Laurence R. Helfer

Faculty Scholarship

No abstract provided.

Chopped Pot: Legalizing Online Poker In The United States In A Manner That Benefits Consumers, Businesses, International Trade Obligations And Government Renevue Collection, Josh Albin

Journal of International Business and Law

No abstract provided.

Analysis Of The Expansion Of E-Commerce Into India And Growth Opportunities For Flipkart, Keith Eisenberg, Gaurav Gupta

Journal of International Business and Law

No abstract provided.

U.S. Foreign Trade Zones And Chinese Free Trade Zones: A Comparative Analysis, Susan Teifenbrun

Journal of International Business and Law

No abstract provided.

Designing And Implementing A Foreign Exchange Hedge Policy Benefits And Costs In The Post Financial Crisis Era, Michael J. Lomenzo, Andrew C. Spieler

Journal of International Business and Law

No abstract provided.

Environmental Concerns In India: Problems And Solutions, Mahesh Chandra

Journal of International Business and Law

No abstract provided.

Dispute Resolution Clauses In International Sponsored Research Contracts, Dennis Lazarev

Cardozo Journal of Conflict Resolution

Pharmaceutical companies are the greatest non-governmental sponsors of biomedical research in academia. Increasingly they sponsor foreign entities, typically universities or non-commercial research institutions. Another type of cross-border sponsorship occurs when two research institutions engage in a collaborative research effort. In either case disputes may arise. The most common types of disputes are the rights to the intellectual property developed in the course of sponsored research, and the scope of research activities that an agreement covers. Parties to these cross-border sponsorship arrangements have rarely incorporated dispute resolution clause in their contracts. This Article will argue that arbitrationis an approach far superior …

Where Trade And Industrial Policy Converge: How Developing Countries Can Utilize Trade Preferences To Generate Sustainable, Local Growth In The Garment Sector, Collette Van Der Ven

The International Lawyer

The rise of the textile and apparel global value chains and trade preferences has created unprecedented opportunities for developing countries to participate in trade in textiles and apparel. Yet, while some countries have managed to build backward linkages and engage in industrial upgrading, others remain locked in the lower echelons of the textile and apparel value chai

This Article demonstrates that trade preferences and rules of origin alone do not explain countries' diverging experiences in the apparel value chain. Rather, a country's industrial policy is crucial in determining sustainable growth: is it solely export-oriented, or does it balance promoting growth …

"Commercial Peacemaking"-The New Role Of The International Commercial Arbitration Legal Order, Tamar Meshel

Cardozo Journal of Conflict Resolution

International commercial arbitration (ICA) has risen to prominence over the past several decades as the most efficient and effective mechanism for resolving cross-border disputes between commercial entities, and has long been considered by the international business community as "the normal means of settling disputes arising from international transactions." ICA offers disputing parties an accessible, neutral, and private mechanism that is distinct from any specific national legal system; a "kind of social jurisdiction, opposed to State jurisdiction." It has thus been considered by some to constitute a specialized international regime, a form of "transnational" or "global" governance, or an autonomous legal …

2014 International Trade Law Decisions Of The Federal Circuit, Jennifer S. Huber, Simon G. Courtman

American University Law Review

No abstract provided.

Indigenous Lands And International Trade: A Look Into A Failed Relationship Between Indigenous Mexican Communities, Nafta, And Trade Liberalization, Kerry Mcguire

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.

The Extraterritorial Reach Of Sovereign Debt Enforcement, 12 Berkeley Bus. L.J. 111 (2015), Karen H. Cross

UIC Law Open Access Faculty Scholarship

A significant barrier to enforcing sovereign debt obligations in U.S. court has been finding and attaching non-immune assets of the foreign sovereign debtor. In June 2014, the U.S. Supreme Court issued decisions in litigation between Argentina and hedge fund NML Capital that will significantly benefit creditors in the enforcement process. In one decision, the Court affirmed an order to compel banks to provide information as to how Argentina moves its monetary assets around the world, finding that the U.S. Foreign Sovereign Immunities Act (FSIA) does not limit a court's power to order post-judgment discovery. In the other decision, the Court …

New Weaknesses: Despite A Major Win, Arbitration Decisions In 2014 Increase The Us’S Future Exposure To Litigation And Liability, Lise Johnson

Columbia Center on Sustainable Investment Staff Publications

In 2014, the US continued its overall record of success in defending investment treaty claims. But it did suffer losses on a number of important issues, and those losses will render the US (and its treaty parties) vulnerable to future claims, litigation expense, and liability. The US’s recent losses, which have thus far been largely ignored in commentary on the US’s experiences in investment arbitration, are highlighted in this briefing note.