International Trade Law Commons^™

Role Of Certificados Bursatiles, Collateral Arrangements And Other Important Aspects Of Raising Infrastructure Finance, Carlos Malpica Hernandez

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Current Issues In Corporate Governance For Mexican Companies, Including Effects Of Sarbanes-Oxley, Thomas S. Heather

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Oh Romeo, Donde Estas?, Jimmie V. Reyna

United States - Mexico Law Journal (1993-2005)

No abstract provided.

For A Better Understanding Between Mexico And The United States, Miguel I. Estrada Samano

United States - Mexico Law Journal (1993-2005)

No abstract provided.

A "Patent" Restriction On Research & Development: Infringers Or Innovators?, Srividhya Ragavan

Faculty Scholarship

The Trade Related Aspects of Intellectual Property Rights ("TRIPS") requires developing nations to harmonize patent regimes as a means to achieve stronger industrial growth. Countries, however, need to adopt effective patent procedures in order to successfully institute a patent regime. In spite of this, international treaties like TRIPS do not properly assist developing nations in establishing appropriate procedural mechanisms capable of complimenting a sophisticated patent regime. Consequently, developing nations may embrace ineffective patent procedures that can eventually further limit industrial growth despite establishing a TRIPS compliant patent regime. The paper uses India as a case study to demonstrate the detriments …

Will The Wto Turn Green? The Implications Of Extending Observer Status To Multilateral Environmental Agreements, Richard L. Skeen

ExpressO

This article addresses whether the WTO should extend permanent observer status to multilateral environmental agreements and analyzes the impact of injecting environmental issues into the multilateral trading system. The paper begins with a chronological analysis of the transition from the GATT governance of international trade to the formation of the WTO and will also examine influences upon the formation and the agenda of the Committee on Trade and the Environment. The discussion continues with a look at the Committee on Trade and the Environment’s first year of progress and discussion of the critical report entitled Special Studies 4: Trade and …

Trade And Human Rights: The Future Of U.S.-Vietnamese Relationships: Hearing Before The S. Comm. On Foreign Relations, 108th Cong., Feb. 12, 2004 (Statement Of Viet D. Dinh, Prof. Of Law, Geo. U. L. Center), Viet D. Dinh

Testimony Before Congress

No abstract provided.

After The Argentine Crisis: Can The Imf Prevent Corruption In Its Lending? A Model Approach, Juan Carlos Linares

ExpressO

This paper focuses on curtailing the corruption inherent in the lending practices of the IMF and, subsequently, preventing another economic disaster as has occurred in Argentina. In fact, if it is at all to succeed in future attempts to restore a state’s monetary and fiscal standing, the IMF should incorporate language of the Accounting and Record-keeping provisions of the U.S. Foreign Corrupt Practices Act into its loan agreement policies, thereby conditioning its loans upon transparency and good governance over borrowed funds. Part I of this article introduces corruption and its affect on international lending. Part II describes the IMF and …

A Bridge Too Far: The Fall Of The Fifth Wto Ministerial Conference In Cancún And The Future Of Trade Constitution, Sungjoon Cho

All Faculty Scholarship

This article is intended to contribute to the process of diagnosis and prescription in response to the fiasco of the Fifth WTO Ministerial Conference in Cancún, Mexico, in September 2003. The article sketches previous WTO Ministerial Conferences in an attempt to glimpse the root of the problems that eventually caused the collapse of the Cancún Conference. It then focuses on the main developments in Cancún and offers a 'post-mortem', not in an attempt to place blame but to better understand what went wrong. It observes that North-South tension is likely to continue for the time being while rich countries, especially …

The Nature Of Remedies In International Trade Law, Sungjoon Cho

All Faculty Scholarship

Overemphasizing the sanctions aspect of the WTO law, which is partly attributable to an effort to placate the U.S. Congress into the ratification of the Uruguay Round, tends to create a misguided, distorted image of the WTO, one close to a super body reigning and commandeering over its member countries, rather than one akin to a legal community. This paper questions the conventional belief regarding the efficacy of the WTO sanctions in light of remedies and attempts to reconceptualize the true nature of WTO remedies. Part I examines how the concept of remedies has evolved through the history of the …

The Wto’S Gemeinschaft, Sungjoon Cho

All Faculty Scholarship

This Article focuses on the current development-related problems in the global trading system. A widening income gap and widespread poverty among trading nations denote the WTO’s Gesellschaftian nature—interest and power—resulting in structural distortion and manipulation. This Article maintains that the global trading system can achieve its development agenda and become fair and legitimate only through a critical paradigmatic transformation enabled by the configuration of the “WTO’s Gemeinschaft.” This Article observes that a fundamental legal precept, the “Law of Nations” (jus gentium), plays a critical role in actualizing this communitarian telos. Part II redefines the global trading system through the theoretical …

Labor And Finance As Inevitably Transnational: Globalization Demands A Sophisticated And Transnational Lens, Timothy A. Canova, Claire Moore Dickerson, Katherine V.W. Stone

Faculty Scholarship

No abstract provided.

Beggar-Thy-Neighbor? Why The Wto Appellate Body’S Enforcement Of A Rigorous “Parallelism Requirement” Limits The Exemption Of Regional Trade Agreement Partners From The Application Of Safeguard Measures, Jordan Taylor

ExpressO

The recent WTO Appellate Body decision in U.S. – Steel Safeguards provided a new wrinkle in the AB’s treatment of Regional Trade Agreement members who seek to exempt each other from the application of safeguard measures. Previously, the AB had supported a rigorous “parallelism requirement” compelling Members to equate the scope of the countries investigated with the scope of the countries upon which the safeguard measures would be applied before it would consider whether Article XXIV provided an affirmative defense permitting the exclusion of RTA partners from the application of such measures. Where there was an impermissible “gap” as between …

Book Review, J.O. Haley's Antitrust In Germany And Japan, The First Fifty Years, 1947-1998, David J. Gerber

All Faculty Scholarship

No abstract provided.

Caribbean Single Market & Economy: What Is It And Can It Deliver?, Andrea M. Ewart

ILSA Journal of International & Comparative Law

The Treaty of Chaguaramas, as amended by the Grand Anse Declaration and other documents pertinent to the creation of the Caribbean Single Market & Ecorjomy (CSME)', outlines the establishment of a Common Market and eventual creation of an Economic Union.

Legal Institutions And International Trade Flows, Daniel Berkowitz, Johannes Moenius, Katharina Pistor

Michigan Journal of International Law

Why do domestic legal institutions matter, and why can trading parties-in particular exporters of complex goods-not easily opt-out of their domestic legal institutions? The authors argue that domestic institutions remain important even in a globalized world, because they are the final option for enforcing a claim against a party in the event of a breach of contract. International contracts take place in the shadow of the parties' home institutions. Unless parties can negotiate a settlement, or the losing party voluntarily complies with a foreign court or arbitration ruling, the winning party must seek enforcement against the assets of the losing …

Book Review: Assessing The Cec's Impact On Nafta, Robert C. Hale

Florida State University Journal of Transnational Law & Policy

No abstract provided.

The Conflict Between Facilitating International Trade And Protecting U.S. Agriculture From Invasive Species: Aphis, The U.S. Plant Protection Laws, And The Argentine Citrus Dispute, Terence P. Stewart, Caryn B. Schenewerk

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Continental Conversations: Remand Of Binational Panel Decisions Under Nafta Ch. 19, Chios Carmody

Law Publications

No abstract provided.

Selling Agricultural Commodities To Cuba - What Happens Next, Michael C. Mcclintock

St. Thomas Law Review

For forty-two years, the United States has maintained a comprehensive embargo of Cuba. Its multifaceted prohibitions derive from various enactments and much regulatory minutiae. Not surprisingly, a United States national may not import goods from Cuba or make any kind of foreign investment there. Administrative rules permit only a narrow range of transactions such as travel to Cuba for educational activities provided detailed licensing requirements are satisfied. Few realize, however, that travel to Cuba for tourist purposes is now totally prohibited. In the 2000 Trade Sanctions Reform Act (TSRA), Congress expressly authorized the sale of agricultural commodities including medically-related items …

The Role Of Trade & Foreign Direct Investment In Development, Kevin A. Hassett

Michigan Journal of International Law

Foreign direct investment (FDI) has been a key component of trade for decades, and has been the focus of a tidal wave of academic research as well. Conceptually, FDI must have an important role in providing welfare gains associated with trade. One of the key differences between countries, after all, is the relative quantity of capital available to its citizens. In these remarks, the author intends to provide a bird's eye view of the literature on FDI with a focus on the developing country's perspective.

Bridging Fragmentation And Unity: International Law As A Universe Of Inter-Connected Islands, Joost Pauwelyn

Michigan Journal of International Law

The fragmentation of the international legal system is not new. The consent-based nature of international law inevitably led to the creation of almost as many treaty regimes, composed of different constellations of states, as there are problems to be dealt with. Traditionally, these different regimes operated in virtual isolation from each other. Most importantly, the Bretton Woods institutions (World Bank, IMF, and GATT, now WTO) focused on the world's economic problems, while the UN institutions tackled the world's political problems. Both the IMF and World Bank articles of agreement, for example, explicitly state that political factors cannot be taken into …

The Ada: A Model For Europe With "Sharper Teeth?", Carol Daughterty Rasnic

ILSA Journal of International & Comparative Law

I wish ... for the passionate sense of the potential, for the eye which... sees the possible.... Soren Kierkegaard, 19th century Danish philosopher

Facing The Challenge: Corruption State Capture And The Role Of Multinational Business, 37 J. Marshall L. Rev. 1181 (2004), Nikolay A. Ouzounov

UIC Law Review

No abstract provided.

Global Antitrust Enforcement: The Sherman Act Does Not Apply Without Any Direct Domestic Effect, But Discovery Assistance May Be Available To Aid A Foreign Tribunal, According To The U.S. Supreme Court, 38 J. Marshall L. Rev. 495 (2004), Sue Ann Mota

UIC Law Review

No abstract provided.

International Control Of Iraqi Oil: How The Oil-For-Food Program Fits In, And Implications For The Future, Dawn Bell

Richmond Journal of Global Law & Business

No abstract provided.

Emerging Wto Competition Jurisprudence And Its Possibilities For Future Development , Alberto Alvarez-Jimenez

Northwestern Journal of International Law & Business

A new competition jurisprudence is emerging within the World Trade Organization ("WTO") and its Dispute Settlement Body ("DSB"). WTO competition jurisprudence comprises all WTO Panel and Appellate Body rulings in cases where what is debated is the existence of a private anti-competitive behavior, the absence of the private competitive conduct that WTO law orders, or certain subject matters that fall within the traditional scope of domestic antitrust legislation, regardless of whether or not the decision provides a WTO solution. Part II of this article presents the WTO self-restraint approach regarding competition and trade before the new millennium, as set out …

The Havana Club Saga: Threatening More Than Just "Cuba Coke", Emily Taylor

Northwestern Journal of International Law & Business

The saga of the "Havana Club" brand began when the family-owned distillery in Cuba that created "Havana Club" rum was confiscated by the Cuban government during the communist revolution. Years later, a dispute arose as to the rightful owner of the U.S. trademark of the name. In an attempt to settle the matter, a U.S. statutory provision was passed that prevents the registration or protection (in the United States) of trademarks linked to businesses that were confiscated by the Cuban government. The statutory provision, § 211 of the Omnibus Appropriations Act of 1998 ("§ 211"), may have been in keeping …

Changing Notions Of Sovereignty And Federalism In The International Economic System: A Reassessment Of Wto Regulation Of Federal States And The Regional And Local Governments Within Their Territories, Edward T. Hayes

Northwestern Journal of International Law & Business

International trade liberalization increasingly addresses disciplines which fall within the constitutional competence of regional and local governments. Traditional notions of nation/state sovereignty are evolving to recognize the importance of regional and local actors on the international economic scene. The ongoing evolution of international trade and sovereignty incresasingly places regional and local governments in a unique position to influence world trade, positively and negatively.

This article explores the manner in which the World Trade Organization attempts to regulate regional and local behavior. Specifically, this Article explores the inherent constitutional tension and resulting ambiguities in the WTO's effort to regulate regional and …

The Spirit Of Trips And The Importation Of Medicines Made Under Compulsory License After The August 2003 Trips Council Agreement, Jessica J. Fayerman

Northwestern Journal of International Law & Business

The Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement has changed prospects for access to necessary medications in the developing world. The use of compulsory licensing for pharmaceutical products embodied in Article 31 of TRIPS has been a contentious issue. Prior to 2003, countries with no manufacturing capacity of their own were not allowed to import medicines made under compulsory license, rendering the protections of Article 31 of little use to them. The 2003 Motta Agreement changed this. This expansion of the compulsory licensing power is both an impractical solution and it dilutes the premises upon which TRIPS was originally …