International Trade Law Commons^™

Challenges Facing Investment Disputes: Reconsidering Dispute Resolution In International Investment Agreements, Susan Franck, Karl P. Sauvant, Michael Chiswick-Patterson, Rainer Geiger, José E. Alvarez, M. Sornarajah, Patrick Juillard, Jeswald W. Salacuse, Giorgio Sacerdoti, Anna Joubin-Bret, Hugo Perezcano Díaz, Michael K. Tracton, Christoph Schreuer, Howard Mann, Katia Yannaca-Small, Barton Legum, Jan Paulsson, Asif H. Qureshi, Shandana Gulzar Khan, Christopher Brummer, Brian J. Rapier

Contributions to Books

This volume brings together significant contributions from leading voices in academia, the legal profession and government on the increasingly important topic of international investment and the legal system in which it operates. With the burgeoning size of international capital flows matched only by an explosion in international agreements intending to regulate the field, there is increasing potential for incoherence amongst and between treaties and arbitral decisions.

Appeals Mechanism in International Investment Disputes compiles, compares and contrasts the analysis and arguments of the leading scholars, practitioners and government officials on the future of the international investment law regime. Its special emphasis …

Sex And Globalization, Berta E. Hernández-Truyol

UF Law Faculty Publications

For some time now, I have focused on a mission to bring together the separate discourses of the human rights and trade fields—certainly not to blend them, but to raise awareness of their myriad interconnections. Indeed, human rights and trade are interlocking pieces of the puzzle we call international law and cannot possibly remain sequestered in the "splendid isolation" in which they have existed since their inception as disciplines. In any study of globalization, especially if one endeavors to pursue its benefits for all persons, not just the elite around the world, one must be aware of and seek to …

Haste Makes E-Waste: A Comparative Analysis Of How The United States Should Approach The Growing E-Waste Threat, Phoenix Pak

Cardozo Journal of International and Comparative Law

The note examines the global e-waste crisis, focusing on the regulatory frameworks in the European Union, United States, and Japan. It critiques the effectiveness of Extended Producer Responsibility (EPR) models and highlights the challenges of enforcing e-waste policies across jurisdictions. The author argues for a balanced approach in U.S. policy, combining elements of the EU’s EPR framework with considerations for domestic and international implications to address the environmental and health risks posed by e-waste.

Interview Of John M. Weekes Conducted By Rosine Plank-Brumback On March 7, 2008 And July 7, 2008, Institute Of International Economic Law, Georgetown University Law Center

The Oral History Project of the World Trading System

Interview of John M. Weekes, Former Canadian Ambassador to the GATT & WTO; Former Chief NAFTA Negotiator, conducted by Rosine Plank-Brumback. Transcript includes introductory text written by John M. Weekes on June 20, 2023. Interview is split between two dates, March 7, 2008 and July 7, 2008. The interview conducted on July 7, 2008 starts on page 61.

Interview Of Mr. Åke Lindén Conducted By Rosine Plank-Brumback On March 5, 2008, Institute Of International Economic Law, Georgetown University Law Center

The Oral History Project of the World Trading System

Interview of Mr. Åke S. Lindén, Former Special Adviser to the Director-General; Former Director for Legal Affairs and for Tariffs, GATT Secretariat, conducted by Rosine Plank-Brumback on March 5, 2008.

Interview Of David Hartridge Conducted By Rosine Plank-Brumback On March 4 And 6, 2008, Institute Of International Economic Law, Georgetown University Law Center

The Oral History Project of the World Trading System

Interview of David Hartridge, Former Acting Director-General and Director for Trade in Services, WTO Secretariat, conducted by Rosine Plank-Brumback. Interview is split between two dates, March 4 and March 6, 2008. The interview conducted on March 6, 2008 starts on page 69.

Investment Provisions In Economic Partnership Agreements, Gus Van Harten

Commissioned Reports, Studies and Public Policy Documents

No abstract provided.

Don't Cross The Streams: Past And Present Overstatement Of Customary International Law In Connection With Conventional Fair And Equitable Treatment Obligations, Theodore Kill

Michigan Law Review

The obligation to provide fair and equitable treatment to foreign investors and investments has existed as a concept of international economic law at least since the 1919 Covenant of the League of Nations. The fair and equitable treatment provision is a key protection contained in the vast majority of modern bilateral investment treaties. Tribunals adjudicating alleged breaches of these fair and equitable treatment provisions have not arrived at a uniform interpretation of the term. As a threshold issue, however each tribunal must address the question of whether a state's obligations under a given treaty's fair and equitable treatment provision will …

Three Questions That Will Make You Rethink The U.S.-China Intellectual Property Debate, Peter K. Yu

Faculty Scholarship

The debate on China's piracy and counterfeiting problems has been ongoing for more than two decades. However, in the past few years, this debate has taken on a new sense of urgency and significance. In August 2008, the City of Beijing will host the Summer Olympic Games. Two years later, the 2010 World Expo will be held in Shanghai. In addition, two World Trade Organization dispute settlement panels were recently established to resolve disputes between China and the United States over inadequate enforcement of intellectual property rights and inadequate market access to U.S. media products. All of these developments, of …

Teaching International Intellectual Property Law, Peter K. Yu

Faculty Scholarship

Intellectual property law was in the backwater only a few decades ago. The Section on Intellectual Property Law of the Association of American Law Schools was not even founded until the early 1980s, and the creation of intellectual property specialty programs has been only a recent phenomenon. As senior legal scholars reminisce, early in their career, they would have been lucky to find a school that would allow them to teach a class on intellectual property law. Although intellectual property law teaching has come of age in the past decade, international intellectual property law courses remain nonexistent in more than …

Interview Of Charles J. O’Mara (Also Known As Joe O’Mara) Conducted By Rosine Plank-Brumback On February 5–6, 2008, Institute Of International Economic Law, Georgetown University Law Center

The Oral History Project of the World Trading System

Interview of Charles J. O’Mara, Former U.S. Special Agricultural Trade Negotiator, Uruguay Round and NAFTA, conducted by Rosine Plank-Brumback. This interview is split between two dates, February 5, 2008, and February 6, 2008. The interview conducted on February 6, 2008 starts on page 31.

Discovery, Judicial Assistance And Arbitration: A New Tool For Cases Involving U.S. Entities?, Peter B. Rutledge

Scholarly Works

Limited discovery is one of the regularly cited advantages of international arbitration, as opposed to international litigation, particularly in contrast to litigation in the US. courts. Recent decisions by US. courts, however, have threatened to upend this comparative advantage. Invoking a little known US. law, 28 U.S.C. section 1782, these courts have permitted parties in an arbitration to petition for subpoenas issued by US. courts against their adversaries or third parties. Bucking the trend in the academic literature, which largely supports this development, this article opposes reading section 1782 to authorize subpoenas in support of an arbitration. Not only does …

Addressing Default Trends In Patent-Based Section 337 Proceedings In The United States International Trade Commission, John C. Evans

Michigan Law Review

Section 337 of the Tarif Act of 1930 empowers the United States International Trade Commission to investigate imports to ensure imports do not infringe on U.S. trademarks. The Commission permits patent, copyright, and trademark owners to notify the Commission of possibly infringing imports and to obtain exclusion orders that prevent importation of products that infringe their intellectual property. The total number of investigations increased from 1996 to 2005, yet the proportion of respondent defaults rose as well. The increase in defaults suggests there is some systemic difficulty in ensuring full participation. This Note argues that the res judicata effects of …

It-Apas - Vertical Harmonization Of Transfer - Pricing Standards, Richard Thompson Ainsworth

Faculty Scholarship

The World Customs Organization (WCO) and the Organization of Economic Cooperation and Development (OECD) have begun considering the harmonization of transfer pricing norms among income tax, customs and VAT regimes. Two conferences have been organized in May of 2006 and 2007.

These conferences have concluded so far: (a) that more analysis is needed; (b) that harmonization will require adjustments on all sides; and (c) that pilot projects (real world statutory and administrative efforts to harmonize) or case studies in harmonization (hypothetical fact patterns) are needed to facilitate consideration. This paper assesses the three basic paths being pursued at the present …

China - Measures Affecting Imports Of Automobile Parts, Sungjoon Cho

All Faculty Scholarship

No abstract provided.

Executive Summary: Thawing A Frozen Conflict: Legal Aspects Of The Separatist Crisis In Moldova, Special Committee On European Affairs Of The New York City Bar

ILSA Journal of International & Comparative Law

Moldova is the poorest country in Europe and it is enmeshed in a seemingly intractable separatist conflict involving ethnic tensions, Russian troops, Soviet-era arms stockpiles, smuggling, money-laundering, and corruption.

Global Administrative Law: Global Governance Of The Global Positioning System And Galileo, Sang Wook Daniel Han

ILSA Journal of International & Comparative Law

The Global Positioning System (GPS) is a space-based positioning, navigation and timing (PNT) system originally developed by the Depart- ment of Defense of the United States government in early 1970s.1

Agreements That Divide: Trips Vs. Cbd And Proposals For Mandatory Disclosure Of Source And Origin Of Genetic Resources In Patent Applications Comment, Jonathan Carr

Florida State University Journal of Transnational Law & Policy

In an attempt to unify the regulation of intellectual property, the TRIPS Agreement sets forth standards for intellectual property law. Recently, however, many countries have become divided on the issue of whether member countries should be required to disclose the source and origin of genetic resources used in patented technologies. Developing countries claim that enforcement of such a requirement would help remedy the global biopiracy problem. This article reviews and assesses the many proposals to amend the TRIPS Agreement as well as the responses from countries, such as the United States, opposing the proposals. Included is a brief discussion about …

A Legal Regime For State-Owned Companies In The Modern Era, Phillip Riblett

Florida State University Journal of Transnational Law & Policy

Foreign state-owned companies (SOCs), particularly those in the energy sector, are more powerful than ever before. Yet under the Foreign Sovereign Immunities Act of 1976 (FSIA), agencies and instrumentalities-a category in which many SOCs fall-enjoy a presumption of immunity. At the same time, however, pursuant to the U.S. Supreme Court's 1983 decision in First National City Bank v. Banco Para el Comercio Exterior de Cuba, in most cases the foreign state also enjoys the benefit of legal separateness-i.e., it is very difficult for a third party to "pierce the corporate veil" between the sovereign and its subsidiary. Thus, SOCs enjoy …

Questioning The Silence Of The Bench: Reflections On Oral Proceedings At The International Court Of Justice, Cecily Rose

Florida State University Journal of Transnational Law & Policy

The growth of the docket of the International Court of Justice over the last several decades has been both a sign of its success and a source of its troubles. Because the Court's continued attractiveness as a forum for dispute settlement depends not only on the quality of its judgments, but also on the efficiency of its procedures, the Court has responded by attempting to modernize its working methods. Literature concerning the weaknesses of the Court's procedures, however, has not focused on how oral proceedings suffer from an absence of direct exchanges between the judges and counsel. The judges' hesitancy …

Cuban Claims: Embargoed Identities And The Cuban-American Oedipal Conflict (El Grito De La Yuma), Jose M. Gabilondo

Faculty Publications

No abstract provided.

Painted Into A Corner: Rembrandt's Bankruptcy Today, Brian Logan Beirne

Florida State University Journal of Transnational Law & Policy

This Article analyzes the development of the concept of bankruptcy by examining Rembrandt's insolvency through the lens of modern law. To lay a foundation, it provides the historical context of Rembrandt's bankruptcy and his specific actions most pertinent to modern bankruptcy proceedings. This analysis then transitions into the modern era with a comparison of the seventeenth-century Dutch insolvency to modern bankruptcy law. It then proceeds to analyze this famous insolvency had it occurred today. This case demonstrates the means by which insolvency law serves society's interests by providing debtors such as Rembrandt with a second chance to contribute to the …

Free To Follow The Rules: A Glimpse At The Role Of Iraqi Media, Past, Present, And Future Comment, Cheryl D. Kluwe

Florida State University Journal of Transnational Law & Policy

The Iraqi media has always reflected the social attitudes of the people who controlled it and, to a much lesser degree, those of its recipients. This Comment is a brief foray into a few of the reasons for the recent changes in that dynamic. It is a discussion of how the transition of the native Iraqi media into a semblance of a free press has been affected by conditions both inside and outside of Iraq, public perception, and the U.S. government's varying influence over the Iraqi media. This short work as a whole underscores an uneasy symmetry between old attitudes …

The Case Of The Eroding Special Immigrant Juvenile Status, Wendi J. Adelson

Florida State University Journal of Transnational Law & Policy

This Article provides a case study of a larger problem in American administrative law: the creation of unexecuted rights, with a focus in particular on the recent degradation of the Special Immigrant Juvenile Status (SIJS). Nearly twenty years ago, Congress drafted legislation providing for a pathway to citizenship for unaccompanied minors. In subsequent years, the Department of Homeland Security has ignored Congress' mandate to issue policy directives implementing the benefits and privileges associated with SIJS in a manner that would allow eligible persons to take advantage of this status. After explicating the nature of this creeping erosion of the SIJS …

Aid For Trade: A Roadmap For Success, Phoenix X.F. Cai

Sturm College of Law: Faculty Scholarship

Aid for trade has tremendous potential. It is an area that merits all the attention it has recently receiving from the leadership of the WTO. Opportunities abound in the shaping of aid for trade to benefit many constituencies, including the WTO, developing nations, donors, and the aid and trade legal communities. The international trading system has much to gain from the effective use of aid for trade as a tool for fulfilling the promise of the Doha Development Agenda, alleviating global poverty, and giving developing nations a well-deserved placed at the table in the global trade regime. However, each group …

The Need For Judicial Activism Acceptance Speech, Dr. Tariq Hassan

ILSA Journal of International & Comparative Law

Honorable President, Dean of the Shepard Broad Law Center, members of the faculty, respected students, distinguished guests, ladies and gentlemen.

Wto法律之原理, Chios Carmody

Law Publications

No abstract provided.

Metrics And The Measurement Of International Trade: Some Thoughts On The Early Operation Of The Wto Rta Transparency Mechanism, Chios Carmody

Law Publications

No abstract provided.

A Theory Of Wto Law, Chios Carmody

Law Publications

The creation of the World Trade Organization in 1994 has left open the question of whether we can identify a theory of its legal system. A theory should help us to better understand what WTO law is as well as what it should be. This article posits the idea that a theory can be identified if we conceive of the WTO Agreement as protecting expectations about trade, facilitating adjustment to realities encountered in trade, and promoting interdependence between economic operators. Each of these purposes is implemented under the WTO Agreement by a specific instrument. In the case of expectations it …

Three Questions That Will Make You Rethink The U.S.-China Intellectual Property Debate, 7 J. Marshall Rev. Intell. Prop. L. 412 (2008), Peter K. Yu

UIC Review of Intellectual Property Law

Commentators have attributed China’s piracy and counterfeiting problems to the lack of political will on the part of Chinese authorities. They have also cited the many political, social, economic, cultural, judicial, and technological problems that have arisen as a result of the country’s rapid economic transformation and accession to the WTO. This provocative essay advances a third explanation. It argues that the failure to resolve piracy and counterfeiting problems in China can be partly attributed to the lack of political will on the part of U.S. policymakers and the American public to put intellectual property protection at the very top …