International Trade Law | Open Access Articles

South Korean Free Trade Agreements: U.S. And E.U, Robert Molnar

In the Balance

No abstract provided.

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Strengthening The Link In Linkage: Defining "Development Needs" In Wto Law, Suyash Paliwal

American University International Law Review

No abstract provided.

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What Constitutes An "Agreement In Writing" In International Commercial Arbitration? Conflicts Between The New York Convention And The Federal Arbitration Act, S. I. Strong

Faculty Publications

This article investigates whether and to what extent a party must produce an “agreement in writing” when seeking to enforce an international arbitration agreement or award in a U.S. federal court. This issue has recently given rise to both a circuit split and a petition for certiorari to the U.S. Supreme Court, and involves matters of formal validity as well as federal subject matter jurisdiction. The problem arises out of subtle differences in the way an “agreement in writing” is defined in the Federal Arbitration Act (FAA) and the 1958 United Nations Convention on the Recognition and Enforcement of Foreign …

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Converging Trends In Investment Treaty Practice, 38 N.C. J. Int’L & Com. Reg. 151 (2012), Karen H. Cross

UIC Law Open Access Faculty Scholarship

No abstract provided.

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A Case Against Acta, Kenneth L. Port

Faculty Scholarship

The Anti-counterfeiting Trade Agreement (ACTA) is being considered by the Obama Administration as an Executive Order. If signed, this Order will greatly enhance controls placed at the borders of 36 countries to attempt to stop the international flow of so-called counterfeit goods. To remove the social, political and emotional sensitivity, I adopt the value neutral term of “imitative commodity” to describe what some call counterfeits, knockoffs, pirates, etc. This article uses just three manufacturers of luxury status goods to consider whether the ACTA will have positive or negative consequences. It concludes that the data supporting the need for the ACTA …

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I Now Recognize You (And Only You) As Equal: An Anatomy Of (Mutual) Recognition Agreements In The Gats, Juan A. Marchetti, Petros C. Mavroidis

Faculty Scholarship

There is a plethora of writings regarding mutual recognition, which has long been recognized as a useful, and potentially powerful, means to tackle regulatory barriers impeding trade in services. Paradoxically, very little attention has been paid to empirical issues regarding recognition, such as the extent of unilateral or mutual recognition around the world. Observers, from both academic and policy quarters, have therefore been left with the impression that either recognition agreements were kept relatively secret, so that their benefits would not have to be extended to third parties, or they were not really so widespread as their merits would warrant, …

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Arbitrating Trade Disputes (Who's The Boss?), Petros C. Mavroidis

Faculty Scholarship

World Trade Organization (“WTO”) dispute settlement has attracted a lot of interest over the years and there is a plethora of academic papers focusing on various aspects of this system. Paradoxically, there is little known about the identity of the WTO judges: since, at the end of the day, the WTO has evolved into the busiest forum litigating state-to-state disputes. There are many writings regarding the appointment process in other international tribunals. At the risk of doing injustice to many papers on this issue, we should mention the following works: Terris et al. look at various courts and especially those …

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International Sale Of Goods 2011, Gregory M. Duhl

Faculty Scholarship

In 2011, U.S. courts analyzed the scope, formation, and remedies provisions of the United Nations Convention on Contracts for the International Sale of Goods (“CISG”). Although the number of cases arising under the CISG is relatively small compared with those under the Uniform Commercial Code (U.C.C.), the cases discussed in this survey remind us that U.S. courts are comfortable in applying the CISG. A comprehensive survey setting forth legal developments in the United States during the past nine years involving the CISG follows the Uniform Commercial Code Survey in this issue of The Business Lawyer. That survey illustrates that the …

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Extraterritorial Protection Of Trade Secret Rights In China: Do Section 337 Actions At The Itc Really Prevent Trade Secret Theft Abroad?, 11 J. Marshall Rev. Intell. Prop. L. 523 (2012), Steven E. Feldman, Sherry L. Rollo

UIC Review of Intellectual Property Law

With an ever increasing number of United States ("U.S.") companies conducting business abroad or conducting business with foreign entities there is more need than ever for the U.S. companies to consider how they can protect their intellectual property assets. The Federal Circuit‘s recent TianRui Grp.Co. v. Int’l Trade Comm’n and Amsted Indus. decision highlights the potential of section 337 of the U.S. Patent Act as a tool to prevent the exploitation of misappropriated trade secrets embodied in products that are imported into the United States. This article explores the potential impact of the TianRui decision on business practices abroad, particularly …

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Note: Tianrui Group Co. V. International Trade Commission: The Dubious Status Of Extraterritoriality And The Domestic Industry Requirement Of Section 337, Viki Economides

American University Law Review

No abstract provided.

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More Than An Assertion: How United States V. Pulungan Nudged The Directorate Of Defense Trade Controls Toward Increased Transparency, Cody Jones

Oklahoma Law Review

No abstract provided.

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Penalty Clauses And The Cisg, Jack Graves

Scholarly Works

Commercial agreements often provide for “fixed sums” payable upon a specified breach. Such agreements are generally enforced in civil law jurisdictions. In contrast, the common law distinguishes between “liquidated damages” and “penalty” clauses, enforcing the former, while invalidating the latter as a penalty. The UN Convention on Contracts for the International Sale of Goods (CISG) does not directly address the payment of “fixed sums” as damages, and the validity of “penalty” clauses has, traditionally, been relegated to otherwise applicable domestic national law under CISG Article 4. This traditional orthodoxy has recently been challenged—suggesting that the fate of a penalty clause …

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The Predicament Of China's "Wto-Plus" Obligation To Eliminate Export Duties: A Commentary On The China-Raw Materials Case, Julia Ya Qin

Law Faculty Research Publications

No abstract provided.

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Reforming Trade Remedies, Wentong Zheng

UF Law Faculty Publications

This article aims to restart the debate on trade remedies by offering new perspectives on the fundamental defects of the current trade remedy regime and by proposing a bold yet feasible roadmap for reforms. This article focuses on antidumping, the linchpin of trade remedies. While antidumping is being justified as a safety valve for protectionist pressures, I argue in this article that antidumping is a faulty safety valve in that it provides arbitrary levels of protection for petitioners, results in undue uncertainties for respondents, and has too low a threshold for activation. I further demonstrate that antidumping exacerbates democracy deficit …

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The Criminalization Of The Theft Of Trade Secrets: An Analysis Of The Economic Espionage Act, Nicola Searle

IP Theory

No abstract provided.

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The End Of Forgetting And "Administrative Rights" To Our Online Personas, Jamie R. Lund

IP Theory

No abstract provided.

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Predicament Of China's Wto-Plus Obligation To Eliminate Export Duties: A Commentary On The China-Raw Materials Case, Julia Ya Qin

Law Faculty Research Publications

No abstract provided.

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The Foreign Corrupt Practices Act: Taking A Bite Out Of Bribery In International Business Transactions, Carl Pacini

Fordham Journal of Corporate & Financial Law

Enforcement of the Foreign Corrupt Practices Act (“FCPA”) has reached an all-time high. FCPA violations can result in many significant costs, both monetary and non-monetary. FCPA compliance has become a top corporate governance issue and has triggered shareholder litigation, tax investigations, and money laundering probes. While many corporate managers, financial officers, board members, internal and external auditors, and forensic accountants are aware of the FCPA’s basic objectives and mandates, many may not do an adequate job of protecting their firms and/or clients from the dangerous consequences that can result from FCPA non-compliance. The purposes of this paper are to: (1) …

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Beyond Labor Rights: Which Core Human Rights Must Regional Trade Agreements Protect?, Stephen Joseph Powell, Trisha Low

Richmond Journal of Global Law & Business

As World Trade Organization (“WTO”) Members relentlessly pursue new regional trade agreements to achieve even faster economic growth than the extraordinary numbers posted by global trade rules, the smaller number of parties and their greater cultural affinity have led negotiators to address the intersection of trade and human rights to an extent unparalleled in the culturally disparate and near-unmanageable, 150-plus member WTO itself. These new provisions have used trade’s huge power to improve worker rights, secure environmental protections, and make initial inroads toward defending indigenous populations from trade’s adverse effects. Employing the perspectives both of trade negotiators and students of …

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Curtailing Ecosystem Exportation: Ecosystem Services As A Basis To Reconsider The Merits Of Export-Driven Agriculture In Economies Highly Dependent On Agricultural Exports, James T. Gathii, Keith H. Hirokawa

Faculty Publications & Other Works

ABSTRACT Functioning ecosystems play a critical role in providing goods and services needed to sustain human life.' Water provision and filtration, biodiversity, nutrient cycling, climate regulation, and carbon sequestration are all examples of services ecosystems provide that no society could survive without.2 Yet ecosystem services have historically been taken for granted, depleted by intention or ignorance, and replaced with inadequate substitutes.' Recent research on ecosystem services has exposed the shockingly high local, regional, and global costs of losing these essential services.'

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A Fundamental Flaw With Uncitral's Approach To Cross-Border Secured Transactions: The Failure To Address Creditor Due Diligence Issues, John J. Chung

Law Faculty Scholarship

No abstract provided.

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Biopiracy In The Brazilian Amazon: Learning From International And Comparative Law Successes And Shortcomings To Help Promote Biodiversity Conservation In Brazil, Vanessa Danley

Florida A & M University Law Review

No abstract provided.

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Cybercrime, Ronald C. Griffin

Journal Publications

This essay recounts campaigns against privacy; the fortifications erected against them; and hi-jinx attributable to hackers, crackers, and miscreants under the Fair Credit Reporting Act.

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Plugging The Leak In § 1498: Coercing The United States Into Notifying Patent Owners Of Government Use, Steven Rushing

Vanderbilt Journal of Transnational Law

When the United States uses a patent for public, noncommercial purposes, it is required under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) to provide notification to the patent owner. However, the United States has never implemented legislation to conform with its obligation and is therefore in violation of TRIPS. This Note argues that by permitting obvious and smaller violations--such as lack of notification--to fester, the United States has left the door open for other members of the World Trade Organization (WTO) to weaken the United States' overall trade policy. Members could likely accomplish this goal by first …

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Economic Development And The Problem With The Problem-Solving Approach, Justin Deystone

Publications

Scholars and practitioners alike have recently pointed to the idea of a "new moment" in the field of law and economic development, as well as a hope for a fruitful rethinking of political economy. The idea is that we have passed out of the period of high "neoliberalism," associated at one time with Reagan, Thatcher, and the so-called Washington Consensus and now eclipsed by the ascendance of the Obama Administration. The hope attending the new consensus is that, in the wake of neoliberal law and policy, the field of law and development might be on the verge of a new …

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Carving Out Policy Autonomy For Developing Countries In The World Trade Organization: The Experience Of Brazil And Mexico, Alvaro Santos

Georgetown Law Faculty Publications and Other Works

Although liberal trade and development scholars disagree about the merits of the World Trade Organization (WTO), they both assume that WTO legal obligations restrict states’ regulatory autonomy. This article argues for relaxing this shared assumption by showing that, despite the restrictions imposed by international economic law obligations, states retain considerable flexibility to carve out policy autonomy. The article makes three distinct contributions. First, it analyzes how active WTO members can, through litigation and lawyering, influence rule interpretation to advance their interests. Second, the article redefines the concept of “legal capacity” in the WTO context and introduces the term “developmental legal …

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Rebalancing Trips, Molly Land

Faculty Articles and Papers

Application of the World Trade Organization’s dispute resolution procedures to the Agreement on Trade-Related Aspects of Intellectual Property (TRIPS) has provoked a variety of reactions over time. Initially perceived as a significant loss for developing countries, more recent responses maintain that these fears were unfounded. This Article argues that the availability of adjudication through the WTO has indeed had significant consequences for the policy space of developing countries — just not in the manner initially imagined. One of the most important yet underappreciated consequences of the decision to link trade and intellectual property has been the conflation of trade and …

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International Trade Regulation And The Mitigation Of Climate Change: World Trade Forum, Edited By Thomas Cottier, Olga Nartova And Sadeq Z. Bigdeli, Henry S. Gao

Research Collection Yong Pung How School Of Law

Now in its thirteenth year, the World Trade Forum (WTF) has firmly established itself as one of the leading events for the trade law community. Held annually in the quiet town of Bern, Switzerland, the Forum features presentations by leading trade lawyers, economists, diplomats, and political scientists from all around the globe.

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Optimal International Agreement And Treatment Of Domestic Subsidy, Gea M. Lee

Research Collection School Of Economics

We investigate how a domestic subsidy is treated in an international agreement, when a government, having incentive to use its domestic subsidy as a means of import protection, can disguise its protective use of subsidy as a legitimate intervention with which to address a market imperfection. We show that any optimal agreement, as opposed to the conventional message of the targeting principle, restricts the home government’s freedom to select its domestic subsidy in order to increase the market-access level for foreign exporters. Our finding suggests that a proper restriction on domestic subsidy is somewhere between GATT and WTO rules.

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Dissent As Dialectic: Horizontal And Vertical Disagreement In Wto Dispute Settlement, Meredith Kolsky Lewis

Journal Articles

This article examines the phenomena of dissent within WTO dispute settlement panels and within Appellate Body divisions ("horizontal disagreement") and the failure of certain WTO dispute settlement panels to follow previous rulings of the Appellate Body ("vertical disagreement"). With respect to horizontal disagreement, the article responds to a recent critique of my earlier piece on the subject (The Lack of Dissent in WTO Dispute Settlement, 9 J. INT’L ECON. L. 895 (2006)). With respect to vertical disagreement, the article examines whether there are textual or normative reasons why panels should not disagree with the Appellate Body. It argues that the …

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Full-Text Articles in International Trade Law

South Korean Free Trade Agreements: U.S. And E.U, Robert Molnar

In the Balance

Strengthening The Link In Linkage: Defining "Development Needs" In Wto Law, Suyash Paliwal

American University International Law Review

What Constitutes An "Agreement In Writing" In International Commercial Arbitration? Conflicts Between The New York Convention And The Federal Arbitration Act, S. I. Strong

Faculty Publications

Converging Trends In Investment Treaty Practice, 38 N.C. J. Int’L & Com. Reg. 151 (2012), Karen H. Cross

UIC Law Open Access Faculty Scholarship

A Case Against Acta, Kenneth L. Port

Faculty Scholarship

I Now Recognize You (And Only You) As Equal: An Anatomy Of (Mutual) Recognition Agreements In The Gats, Juan A. Marchetti, Petros C. Mavroidis

Faculty Scholarship

Arbitrating Trade Disputes (Who's The Boss?), Petros C. Mavroidis

Faculty Scholarship

International Sale Of Goods 2011, Gregory M. Duhl

Faculty Scholarship

Extraterritorial Protection Of Trade Secret Rights In China: Do Section 337 Actions At The Itc Really Prevent Trade Secret Theft Abroad?, 11 J. Marshall Rev. Intell. Prop. L. 523 (2012), Steven E. Feldman, Sherry L. Rollo

UIC Review of Intellectual Property Law

Note: Tianrui Group Co. V. International Trade Commission: The Dubious Status Of Extraterritoriality And The Domestic Industry Requirement Of Section 337, Viki Economides

American University Law Review

More Than An Assertion: How United States V. Pulungan Nudged The Directorate Of Defense Trade Controls Toward Increased Transparency, Cody Jones

Oklahoma Law Review

Penalty Clauses And The Cisg, Jack Graves

Scholarly Works

The Predicament Of China's "Wto-Plus" Obligation To Eliminate Export Duties: A Commentary On The China-Raw Materials Case, Julia Ya Qin

Law Faculty Research Publications

Reforming Trade Remedies, Wentong Zheng

UF Law Faculty Publications

The Criminalization Of The Theft Of Trade Secrets: An Analysis Of The Economic Espionage Act, Nicola Searle

IP Theory

The End Of Forgetting And "Administrative Rights" To Our Online Personas, Jamie R. Lund

IP Theory

Predicament Of China's Wto-Plus Obligation To Eliminate Export Duties: A Commentary On The China-Raw Materials Case, Julia Ya Qin

Law Faculty Research Publications

The Foreign Corrupt Practices Act: Taking A Bite Out Of Bribery In International Business Transactions, Carl Pacini

Fordham Journal of Corporate & Financial Law

Beyond Labor Rights: Which Core Human Rights Must Regional Trade Agreements Protect?, Stephen Joseph Powell, Trisha Low

Richmond Journal of Global Law & Business

Curtailing Ecosystem Exportation: Ecosystem Services As A Basis To Reconsider The Merits Of Export-Driven Agriculture In Economies Highly Dependent On Agricultural Exports, James T. Gathii, Keith H. Hirokawa

Faculty Publications & Other Works

A Fundamental Flaw With Uncitral's Approach To Cross-Border Secured Transactions: The Failure To Address Creditor Due Diligence Issues, John J. Chung

Law Faculty Scholarship

Biopiracy In The Brazilian Amazon: Learning From International And Comparative Law Successes And Shortcomings To Help Promote Biodiversity Conservation In Brazil, Vanessa Danley

Florida A & M University Law Review

Cybercrime, Ronald C. Griffin

Journal Publications

Plugging The Leak In § 1498: Coercing The United States Into Notifying Patent Owners Of Government Use, Steven Rushing

Vanderbilt Journal of Transnational Law

Economic Development And The Problem With The Problem-Solving Approach, Justin Deystone

Publications

Carving Out Policy Autonomy For Developing Countries In The World Trade Organization: The Experience Of Brazil And Mexico, Alvaro Santos

Georgetown Law Faculty Publications and Other Works

Rebalancing Trips, Molly Land

Faculty Articles and Papers

International Trade Regulation And The Mitigation Of Climate Change: World Trade Forum, Edited By Thomas Cottier, Olga Nartova And Sadeq Z. Bigdeli, Henry S. Gao

Research Collection Yong Pung How School Of Law

Optimal International Agreement And Treatment Of Domestic Subsidy, Gea M. Lee

Research Collection School Of Economics

Dissent As Dialectic: Horizontal And Vertical Disagreement In Wto Dispute Settlement, Meredith Kolsky Lewis

Journal Articles