International Trade Law Commons^™

The Response To The Financial Meltdown In The U.K., Bruce J.L. Lowe

Global Business Law Review

It is now over two years since the September 15, 2008 bankruptcy filing by Lehman Brothers sent shockwaves through an already tremulous and jittery financial and political world. In the dark days of the ensuing months, in the United States (U.S.), in Britain and Europe, and in many other parts of the world, markets crashed or severely slumped, commercial and investment banks failed, credit froze, trade and commerce slowed dramatically, profits evaporated, businesses tightened belts, and unemployment figures skyrocketed. In most major economic zones, including the U.S. and Europe, governments and central banks, often in consultation with each other over …

Global Issues In Commercial Law, Claude D. Rohwer, Kristen David Adams

McGeorge School of Law Teaching Materials

This book seeks to provide an international perspective and also sufficient domestic context to facilitate a comparative-law discussion. The book includes staples of international commercial law, such as the United Nations Convention on Contracts for the International Sale of Goods (CISG) and international insolvency, but also items of particular contemporary concern, including clawbacks, microfinance, and religious objections to the payment of interest in commercial contracts.

Challenges And Opportunities Of Importing And Exporting Experiential Education To China, The, Eleanor W. Myers, Jianmin Chen

McGeorge Law Review

No abstract provided.

Navigating Through U.S.-China Policy: An Investigation Of China National Off-Shore Oil Corporation's Proposed Acquisition Of Unocal Corporation And How Domestic Politics Plays A Role In Balancing U.S. Trade Policy With National Security Policy, Vicki Lynn Spencer

Electronic Theses and Dissertations

When Chinese National Offshore Oil Corporation, Ltd. ( CNOOC) attempted to buy American-owned Unocal Corporation, it unleashed a "perfect storm" in Washington. Members of Congress immediately called upon President Bush to invoke his Exon-Florio authority to prevent the transaction. After the president claimed action would be premature, Congress quickly coalesced to block the deal. The Chinese expressed surprise at the political backlash and ultimately CNOOC was forced to withdraw its bid.

The purpose of this study is to explain the fervor that arose over CNOOC's proposed acquisition of Unocal. The study builds upon the theoretical approach of new institutionalism which …

China’S Response To The Global Financial Crisis: Implications For U.S. – China Economic Relations , Daniel C.K. Chow

Global Business Law Review

The consequences of the global financial crisis for United States-China economic relations are still unfolding, and it is still unclear whether trade tensions will escalate into trade sanctions. What seems clear, however, is that there is a rising tide of protectionism in both countries based upon what hardliners on each side perceive to be unfair practices and policies implemented by the other. Historically, mutual policies of protectionism between trading partners leads to trade sanctions, which would be an unfortunate result for United States-China economic relations. It remains to be seen whether hardliners in both countries will push the two trading …

Canada's Implementation Of The Wto Agreement, Chios Carmody

Law Publications

No abstract provided.

Law And Reform Of The International Economic System, Chios Carmody

Law Publications

No abstract provided.

The Duty To Settle In Wto Dispute Settlement, Chios Carmody

Law Publications

WTO disputes form an important part of the way we think about WTO law today. Nevertheless, given the fact that virtually all of the disputes must, at some point or other, settle, this article argues that an important — and perhaps even pre-eminent — aspect of WTO law is the law of settlement. There is an actual duty on parties in WTO law to resolve the cases they are involved in. This is not a “hard” obligation in the sense of having to achieve a specific result, but rather one of a softer, process-oriented variety. This article examines the law …

A Tale Of Two Theories Of Well-Known Marks, Leah C. Grinvald

Vanderbilt Journal of Entertainment & Technology Law

The well-known marks doctrine presents a conundrum in international trademark law. Although protecting foreign well-known trademarks has been a treaty obligation since 1925, courts around the world, and in the United States and China in particular, do not uniformly apply the doctrine. This lack of uniform protection leads to the question of whether these countries are complying with their international obligations. While brand owners and some commentators would answer this question in the negative, this Article provides a different perspective. This Article offers an alternative approach to answering the compliance question: Before considering the question, one must examine the perspective …

U.S. Climate Change Policy V. International Trade Rules: Complying With Gatt, Tina R. Goel

Sustainable Development Law & Policy

No abstract provided.

Russian Protectionism And The Strategic Sectors Law, William E. Pomeranz

American University International Law Review

No abstract provided.

International Criminal Courts And The Making Of Public International Law: New Roles For International Organizations And Individuals, 43 J. Marshall L. Rev. 603 (2010), Kenneth S. Gallant

UIC Law Review

No abstract provided.

Running From The United States Treasury: The Need To Reform The Taxation Of Multinational Corporations, 43 J. Marshall L. Rev. 1041 (2010), Jennifer Barton

UIC Law Review

No abstract provided.

Introduction Symposium: Russia And The Rule Of Law: New Opportunities In Domestic And International Affairs , Michael Scheimer

American University International Law Review

No abstract provided.

Judicial Politics And International Investment Arbitration: Seeking An Explanation For Conflicting Outcomes, David Schneiderman

Northwestern Journal of International Law & Business

In taking on the controversial debate over the role of state attorneys general in antitrust enforcement, the article draws upon recent legal and historical scholarship on federalism to argue that globalization requires a paradigm change in concepts of U.S. federalism. While many assume that increasing international economic integration makes state participation in economic regulation with international implications inherently problematic, the article demonstrates that, to the contrary, states have an important role to play in the regulation of international business. States have a long history of challenging the federal government in a way that has promoted a robust national dialogue on …

Proportional Pragmatism: A Defense Of International Arbitration Agreements In The Face Of Asymmetrical Paternalism, Rusty O'Kane

Northwestern Journal of International Law & Business

With foreign direct investment's increasingly important role in the global market, a more comprehensive regulatory system has emerged to guide key participants. Bilateral investment treaties have developed as an essential piece of the emerging regulatory system. Bilateral investment treaties are "[international investment] agreements between two countries for the reciprocal encouragement, promotion and protection of investments in each other's territories by companies based in either country." These treaties have drastically affected the way foreign investors interact with host countries, especially in the area of dispute resolution. A distinctive feature of many BITs is that they provide for alternative dispute resolution procedures …

Rethinking The Foreign Direct Investment Process And Incentives In Post-Conflict Transition Countries, Kojo Yelpaala

Northwestern Journal of International Law & Business

Burdened by the remnants of conflict, continuing threats of security lapses, significant market failures and weak institutions, post-conflict transition countries can hardly be described as normal economies. The task of transforming them into vibrant, productive, and self-sustaining economies is no simple assignment. Constructing the blueprint for reconstruction and economic development requires creativity of the first order. Conventional theories or pure neo-liberal market driven policy levers preached by the Washington Consensus Group are not likely to be productive. The design of the investment regime for development should therefore focus on non-conventional policy constructs. Contrary to the received theories, the history and …

Of All Things Made In America Why Are We Exporting The Penn Central Test, Anthony B. Sanders

Northwestern Journal of International Law & Business

Developing countries enter into bilateral investment treaties ("BITs") in order to increase foreign direct investment ("FDI"). Ignoring this straightforward fact has led to a great deal of confusion in the assessment of BITs and their protection of regulatory takings. This article addresses the question of how a BIT should approach regulatory takings with the purpose of increasing FDI in mind. It explores the background of the United States Supreme Court's Penn Central test and the test's incorporation into the post-NAFTA round of U.S. BITs. Then, the article examines whether an uncertain and flexible test such as Penn Central is suitable …

The Significance Of South-South Bits For The International Investment Regime: A Quantitative Analysis, Lauge Skovgaard Poulsen

Northwestern Journal of International Law & Business

Initially, bilateral investment treaties ("BITs") were intended as legal instruments to promote and protect investments from rich capital exporting states to the developing world. While BITs signed between developing countries (hereinafter South-South BITs) began to emerge from the mid-1960s onwards with the 1964 Kuwait-Iraq BIT, a typical BIT was until recently negotiated between a developed and a developing country (hereinafter North-South BITs). In order to examine these questions, this paper will investigate whether there are systematic differences in investment-rule making between South-South and North-South BITs. As noted by UNCTAD in its cursory review of South-South BITs, such an analysis has …

Enhancing The Wto Tool Kit: The Case For Financial Compensation, Rebecca Ullman

Richmond Journal of Global Law & Business

World Trade Organization Dispute Settlement Understanding 160 represents an intersection of domestic law and international law. The subject of Dispute Settlement Understanding 160 (“DSU 160”) is the Fairness in Music Licensing Act, an American legislative act that extended copyright protection terms and carved out significant exemptions for commercial establishments. The exemptions set forth in the Fairness in Music Licensing Act (“FMLA”) conflict with U.S. international intellectual property obligations such that one must question whether there should be new and different remedies available to assist parties in meeting their international obligation.

World Trade Organization Agreements And Principles As A Vehicle For The Attainment Of Energy Security, Dennis J. Hough Jr.

Richmond Journal of Global Law & Business

Do you remember how you felt on Wednesday, January 7, 2009? Perhaps you do not. I know how some Europeans felt — cold. That was the day that Russia stopped all natural gas exports to Ukraine. By itself, this was a serious course of action. However, because Ukraine is the main transmission corridor for natural gas pipelines shipping gas to Europe, the situation commanded worldwide attention.

The Effect Of The Financial Crisis On The Middle East, Isam Salah

Global Business Law Review

The impact of the world economic crisis on the Middle East, and in particular on the countries of the GCC, was similar to the impact elsewhere in the West − collapse of the real estate sector, credit constraints, and economic contraction. The reaction of governments of the GCC was similar to the reaction of governments in the West − support of financial institutions and provisions of liquidity to the financial markets. Islamic finance has established itself as an important component of the commercial and financial sectors in these countries, so it is interesting to examine whether this segment of the …

Foreword, Mark J. Sundahl

Global Business Law Review

No abstract provided.

Recurring Storms: Weathering The Future By Understanding The Past , Robert L. Brown Ph.D.

Global Business Law Review

In this article, I describe the major financial crises that evolved into economic crises during the past four hundred years in Europe, the United States, and Asia, before turning to the 2007-10 global financial and economic crisis. My focus will be Tulipmania of 1637, Mississippi Scheme of 1720, South Sea Bubble of 1720, Great Crash of 1929, Crash of 1987, Asian Financial Crisis of 1997, Dot-com Bubble of 2000, and Financial Crisis of 2007-10. I identify commonalities as well as distinguishing characteristics among the events. In the discussion and description that follows, I note that the tendency is for more …

Piigs, Itraxx Soyx, Neoliberalism, And Unshackled Finance Capital, Tayyab Mahmud Ph.D.

Global Business Law Review

Banking and finance play a critical role in the economy by channeling savings towards productive investments. By the early twentieth century the lessons were learned that, left to its own devices, finance capital tends towards unbridled speculation and ends up playing havoc with the economy. The collective response was a Keynesian compromise whereby finance capital was regulated both nationally and internationally to put a check on speculation and to channel it to support the productive economy. The result was an extended period of economic growth and stability. Over the last thirty years, the neoliberal counter revolution reversed these regimes and …

Fighting Firearms With Fire In The Oas: A Critical Evaluation Of The Inter-American Convention Against The Manufacturing Of And Trafficking In Firearms, Ammunition, And Other Related Materials , Kierstan Lee Carlson

American University International Law Review

No abstract provided.

Nature Or Nurture? Judicial Lawmaking In The European Court Of Justice And The Andean Tribunal Of Justice, Laurence R. Helfer, Karen J. Alter

Faculty Scholarship

Are international courts power-seeking by nature, expanding the reach and scope of international rules and the courts’ authority where permissive conditions allow? Or, does expansionist lawmaking require special nurturing? We investigate the relative influences of nature versus nurture by comparing expansionist lawmaking in the European Court of Justice (ECJ) and the Andean Tribunal of Justice (ATJ), the ECJ’s jurisdictional cousin and the third most active international court. We argue that international judges are more likely to become expansionist lawmakers where they are supported by substate interlocutors and compliance constituencies, including government officials, advocacy networks, national judges, and administrative agencies. This …

International Movement To Deter Corruption: Should China Join?, Paul D. Carrington

Faculty Scholarship

Global concerns over the corruption of weak governments by firms engaged in transnational business are the source of an international movement that emerged in 1997. Special concern is presently directed at the weakness of enforcement of laws enacted in recent times to deter corrupt business practices in international trade that were enacted in response to that movement. One cause of weakness in law enforcement is the failure of China to share actively in those concerns and the efforts to address them. This essay will briefly record steps taken in other nations to address the concerns and the limited effectiveness of …

Is The Wedding Of Trade And Human Rights A Marriage Of Convenience Or A Lasting Union?, Susan Ariel Aaronson

Human Rights & Human Welfare

A review of:

Forced to Be Good: Why Trade Agreements Boost Human Rights. By Emilie Hafner-Burton. Ithaca, NY: Cornell University Press, 2009. 220pp.

A Look At The Compulsory License In Investment Arbitration: The Case Of Indirect Expropriation, Christopher Gibson

American University International Law Review

This article covers a timely set of issues concerning the relationship between intellectual property rights (“IPRs”) associated with foreign investments, state-authorized compulsory licenses, trade law (in particular, the TRIPS Agreement), and claims for indirect expropriation that might be brought in investment arbitration. I focus, as a case study, on compulsory licenses and claims of indirect expropriation. Compulsory licenses bear an inherently contentious character. This government authorized license often presents a clash between significant opposing interests – on one side, the legitimate expectations of patent based foreign investors founded on the international investment agreement (“IIA”) and a patent regime that, for …