Open Access. Powered by Scholars. Published by Universities.®

International Trade Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 4951 - 4980 of 6512

Full-Text Articles in International Trade Law

A Legal Analysis Of The Proposed Privatization Of The Mexican Electricity Industry, Ramiro Villarreal Morales Mar 2000

A Legal Analysis Of The Proposed Privatization Of The Mexican Electricity Industry, Ramiro Villarreal Morales

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Environmental Survey Of Wto Dispute Panel Decisions Since 1995: "Trade At All Costs?", Craig A. A. Dixon Feb 2000

Environmental Survey Of Wto Dispute Panel Decisions Since 1995: "Trade At All Costs?", Craig A. A. Dixon

William & Mary Environmental Law and Policy Review

No abstract provided.


The Intellectual And Technical Property Components Of Pro-Vitamin A Rice (Goldenricetm): A Preliminary Freedom-To-Operate Review, R. David Kryder, Stanley P. Kowalski, Anatole F. Krattiger Jan 2000

The Intellectual And Technical Property Components Of Pro-Vitamin A Rice (Goldenricetm): A Preliminary Freedom-To-Operate Review, R. David Kryder, Stanley P. Kowalski, Anatole F. Krattiger

Law Faculty Scholarship

Rice is a staple food for millions of people, predominantly in Asia, but lacks essential nutritional components such as Vitamin A. This is very important for over 180 million children and women of child bearing age who suffer from Vitamin A deficiency in Asia alone. For this reason, an improvement was made under an effort led by Profs. Ingo Potrykus and Peter Beyer by inserting several genes into rice to produce an improved product called GoldenRice. Because GoldenRice has the potential to be easily integrated into the farming systems of the world's poorer regions, the advent of GoldenRice promises to …


The Posse Is Coming To Town…Maybe: The Role Of United States Non-Governmental Organizations In Software Anti-Piracy Initiatives As China Seeks Wto Accession, Serri E. Miller Jan 2000

The Posse Is Coming To Town…Maybe: The Role Of United States Non-Governmental Organizations In Software Anti-Piracy Initiatives As China Seeks Wto Accession, Serri E. Miller

ILSA Journal of International & Comparative Law

In 1999, worldwide financial losses to business software piracy were estimated at $12 billion.


Labor Rights, Globalization And Institutions: The Role And Influence Of The Organization For Economic Cooperation And Development, James Salzman Jan 2000

Labor Rights, Globalization And Institutions: The Role And Influence Of The Organization For Economic Cooperation And Development, James Salzman

Michigan Journal of International Law

This Article has four sections. The first recounts the history of the OECD, from its creation as the overseer of the Marshall Plan to its current prominence as global economic analyst, and explains its operations. The second section explores its influence on the development of labor rights, examining the well-known OECD Guidelines for Multinational Enterprises, publications on trade and labor by the Employment, Labor and Social Affairs Directorate, and the events surrounding South Korea's accession to the OECD. Each of these activities, though quite different from one another (and, in combination, very different from the activities of other IGOs), provided …


Overcoming Apathetic Internationalism To Generate Hemispheric Benefits: Analysis Of And Arguments For Recent Secured Transactions Laws In Mexico, Hale S. Sheppard Jan 2000

Overcoming Apathetic Internationalism To Generate Hemispheric Benefits: Analysis Of And Arguments For Recent Secured Transactions Laws In Mexico, Hale S. Sheppard

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Sustainable Development: Reevaluating The Trade Vs. Turtles Conflict At The Wto, Virginia Dailey Jan 2000

Sustainable Development: Reevaluating The Trade Vs. Turtles Conflict At The Wto, Virginia Dailey

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Sizing Up The Wto: Trade-Environment Conflict And The Kyoto Protocol, Tania Voon Jan 2000

Sizing Up The Wto: Trade-Environment Conflict And The Kyoto Protocol, Tania Voon

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Symposium: States' Rights V. International Trade: The Massachusetts Burma Law, Patrick C. Reed, Sydney M. Cone Iii, Thomas A. Barnico, Joel P. Trachtman, Peter J. Spiro, Paul R. Dubinsky Jan 2000

Symposium: States' Rights V. International Trade: The Massachusetts Burma Law, Patrick C. Reed, Sydney M. Cone Iii, Thomas A. Barnico, Joel P. Trachtman, Peter J. Spiro, Paul R. Dubinsky

Law Faculty Research Publications

No abstract provided.


Beyond The Proposals: Public Participation In International Economic Law, Chios Carmody Jan 2000

Beyond The Proposals: Public Participation In International Economic Law, Chios Carmody

Law Publications

No abstract provided.


E-Commerce And International Political Economics: The Legal And Political Ramifications Of The Internet On World Economies, Chelsea P. Ferrette Jan 2000

E-Commerce And International Political Economics: The Legal And Political Ramifications Of The Internet On World Economies, Chelsea P. Ferrette

ILSA Journal of International & Comparative Law

In the nearly 300 years since the industrial revolution,' the advancement of technology has always aided international business


Competition Laws Of The European Union In The Face Of The New Single Currency Market, 33 J. Marshall L. Rev. 715 (2000), Rebecca Schoenfeldt Jan 2000

Competition Laws Of The European Union In The Face Of The New Single Currency Market, 33 J. Marshall L. Rev. 715 (2000), Rebecca Schoenfeldt

UIC Law Review

No abstract provided.


Foreward: Mergers, Market Access And The Millennium, Eleanor M. Fox Jan 2000

Foreward: Mergers, Market Access And The Millennium, Eleanor M. Fox

Northwestern Journal of International Law & Business

The symposium issue is a nice microcosm of the competition law issues facing the world. It presents the tensions between national control and world integration. It presents the twin, conflicting impulses to eschew internationalization, hoping to do well enough by deepened positive comity (Waller), and to embrace internationalization at least cautiously to address concerns where unharnessed operation of national interests obstructs efficient solutions and where internationalization is most likely to sidestep the political landmines (Fiebig).


Massachusetts, Myanmar, Market Participation, And The Federal Shutdown Of Selective Purchasing Laws: Is The Power To Purchase Really The Power To Regulate , Scott Sommers Jan 2000

Massachusetts, Myanmar, Market Participation, And The Federal Shutdown Of Selective Purchasing Laws: Is The Power To Purchase Really The Power To Regulate , Scott Sommers

Northwestern Journal of International Law & Business

This article does not discuss whether intentionally giving companies an incentive to withdraw from Burma is economically or politically desirable for the people of Burma. The First Circuit did not concern itself with this subject either in rejecting the Massachusetts Burma Law. The question of interest to the court, and which should be of interest to any state citizen or global corporation interested in doing business with state agencies, was whether Massachusetts had the discretion to make a purchasing law directly concerning the business involvement of suppliers in foreign countries. While legitimate legal and practical arguments may be made that …


Shedding Light On Article 1110 Of The North American Free Trade Agreement(Nafta)Concerning Expropriations: An Environmental Case Study, Jason L. Gudofsky Jan 2000

Shedding Light On Article 1110 Of The North American Free Trade Agreement(Nafta)Concerning Expropriations: An Environmental Case Study, Jason L. Gudofsky

Northwestern Journal of International Law & Business

By focusing on the provision of Chapter 11 that has elicited the most fervent debate, namely Article 1110 concerning expropriations, this paper attempts to pick through the verbiage regarding, and shed light on, the meaning of Article 1110. To illustrate the discussion, the acquisition of MacMillan Bloedel Limited ("MB"), the then largest forest company in Canada, by Weyerhaeuser Company ("Weyerhaeuser") on November 1, 1999 to create a major global forest company (the "MB Acquisition") is examined.


Undp's National Execution Modality: On The Road To Turning The Management Of Development Programmes Over To Programme Governments, Francis M. Ssekandi, Peri Lynne Johnson Jan 2000

Undp's National Execution Modality: On The Road To Turning The Management Of Development Programmes Over To Programme Governments, Francis M. Ssekandi, Peri Lynne Johnson

ILSA Journal of International & Comparative Law

The United Nations Development Programme (UNDP) is the cornerstone of the United Nations efforts in the field of international development cooperation and operates as the central funding and catalytic mechanism of the United Nations development system.


A Role For The Wto In International Merger Control, Andre Fiebig Jan 2000

A Role For The Wto In International Merger Control, Andre Fiebig

Northwestern Journal of International Law & Business

Although this paper follows on those new proposals, and addresses many of the same problems, the international merger control regime proposed here fundamentally differs in its approach. Although there is certainly a beneficial role for an international institution in merger control, the current proposals are too ambitious. Instead of focussing on the allocation of cross-border transactions, this paper suggests that the focus should be on the cases which present no treat to competition, and yet are scrutinized by several different national competition law regulators. An international institution, probably within the framework of the World Trade Organization ("WTO"), should be created …


Trade In Technology Within The Free Trade Zone: The Impact Of The Wto Agreement, Nafta, And Tax Treaties On The Nafta Signatories, Catherine Brown, Christine Manolakas Jan 2000

Trade In Technology Within The Free Trade Zone: The Impact Of The Wto Agreement, Nafta, And Tax Treaties On The Nafta Signatories, Catherine Brown, Christine Manolakas

Northwestern Journal of International Law & Business

Trade in technology and related services has assumed a major role both on the world trade agenda and within the NAFTA block. The success of such cross-border trade is dependent upon three factors: protection of intellectual property,' access to foreign markets by service providers, and a minimized risk of double taxation. Each of these factors is impacted by national laws, multinational conventions, and bilateral tax treaties. The last decade has witnessed an explosion of such legislation and agreements. This article focuses on Canada, Mexico and the United States, and explores the World Trade Organization Agreement ("WTO Agreement"), the North American …


Cultural Resistance To Global Governance, Joel Richard Paul Jan 2000

Cultural Resistance To Global Governance, Joel Richard Paul

Michigan Journal of International Law

This article maps out the terrain in which state actors and legal scholars make claims premised on a cultural exception to justify derogating from international legal norms. The author’s aim is to understand why some of these claimed cultural practices displace international legal norms, while other practices are dismissed as violating international legal norms. Part II will examine this discourse in relation to the rights of women and sexual minorities. This article will show that the international community generally regards gender norms as cultural and the international legal norm of gender equality usually defers to national cultural practices. Part III …


An Interdisciplinary Introduction To Legal Transparency: A Tool For Rational Development, 18 Dick. J. Int'l L. 293 (2000), William B.T. Mock Jan 2000

An Interdisciplinary Introduction To Legal Transparency: A Tool For Rational Development, 18 Dick. J. Int'l L. 293 (2000), William B.T. Mock

UIC Law Open Access Faculty Scholarship

No abstract provided.


Protection Of Intellectual Property Rights And The Impact Of Trips, Sowmiya R.K. Sikal Jan 2000

Protection Of Intellectual Property Rights And The Impact Of Trips, Sowmiya R.K. Sikal

LLM Theses and Essays

This thesis focuses on the importance of intellectual property rights and its protection in the international arena. Coming from a developing country - India, I have always been fascinated with the area of international intellectual property rights protection because of its severe ramification on the economy and the social structure of developing countries. The impact of heightened protection of intellectual property rights has been a controversial issue between developed and developing countries for many years. In this paper, I have examined intellectual property rights, need for its protection, conventions, treaties and agreements present for the protection of intellectual property including …


Women's Rights And The Public Morals Exception Of Gatt Article 20, Liane M. Jarvis Jan 2000

Women's Rights And The Public Morals Exception Of Gatt Article 20, Liane M. Jarvis

Michigan Journal of International Law

The public morals exception in Article XX of the General Agreement on Tariffs and Trade (GATT) could and should be interpreted in accordance with evolving human rights law on women's rights. This clause provides an exception to the general rule that members of the World Trade Organization (WTO) cannot take measures against other Members that would restrict trade. Under Article XX, WTO members may restrict trade for a variety of social reasons, including protecting the environment, preventing prison labor, and otherwise promoting "public morals.” This Note will argue in particular that a nation should be allowed to invoke the public …


The New Rules On Cross-Border Tender And Exchange Offers, Business Combinations And Rights Offerings: Competition Or Harmonization?, Julian T. Perlmutter Jan 2000

The New Rules On Cross-Border Tender And Exchange Offers, Business Combinations And Rights Offerings: Competition Or Harmonization?, Julian T. Perlmutter

Michigan Journal of International Law

This note introduces the Cross-Border Rules in the context of the rapidly changing securities markets and highly competitive regulatory systems noted above. It addresses the elements and impact of internationalization on cross-border tender offers and the modern U.S. regulatory response. The SEC has avoided any public moves to harmonize the U.S. system with those of other major capital markets and has instead made incremental changes aimed at maintaining the system's perceived strengths. The Cross-Border Rules represent a somewhat ungainly attempt to placate U.S. investors by bending the Williams Act tender offer rules using exemptions for certain transactions.


Throwing Caution To The Wind: The Global Bear Parts Trade, Adam M. Roberts, Nancy V. Perry Jan 2000

Throwing Caution To The Wind: The Global Bear Parts Trade, Adam M. Roberts, Nancy V. Perry

Animal Law Review

The exploitation of bears occurs in a myriad of forms. Bear baiting, abuse of bears in entertainment, habitat destruction, and the legal and illegal trade of bear parts all contribute to the decline of the bear. The market demand for bear gallbladders and bile is on the rise and is negatively impacting bear populations worldwide. Mounting evidence points to a systematic pattern of killing bears in the United States and Canada in order to satisfy the demand for bear parts in consuming nations, primarily Asian markets. The bear parts trade is international in scope and difficult to regulate and contain. …


The Legacy Of Geographical Morality And Colonialism: A Historical Assessment Of The Current Crusade Against Corruption, Padideh Ala'i Jan 2000

The Legacy Of Geographical Morality And Colonialism: A Historical Assessment Of The Current Crusade Against Corruption, Padideh Ala'i

Scholarly Articles in Law Reviews & Journals

This Article examines the legacy of the rule of geographical morality - that is the norm by which a citizen of the country in the North may engage in acts of corruption in any country in the South, including bribery and extortion, without the attachment of any moral condemnation to those acts. Part I of the Article begins by reviewing the impeachment trial of Warren Hastings, who served as Governor General of the Bengal from 1772-1785, on charges of bribery and corruption. It was during that impeachment proceeding when the words "principles of geographical morality" were used by, the prosectuor, …


The Problems With Scorecards: How (And How Not) To Measure The Cost-Effectiveness Of Economic Sanctions, Richard W. Parker Jan 2000

The Problems With Scorecards: How (And How Not) To Measure The Cost-Effectiveness Of Economic Sanctions, Richard W. Parker

Michigan Journal of International Law

This Article looks "beneath the bridge" of sanctions law and policy to investigate these foundational questions. Part I will look briefly behind the currently prevailing estimate for the direct economic cost of high foreign policy export sanctions for the U.S. economy. It will demonstrate that the most widely reported aggregate cost estimate of $15-20 billion per year and 200,000 U.S. jobs lost is unsubstantiated. Moreover, the evidence is clear that environmental trade sanctions, i.e., import restrictions deployed for environmental purposes, have cost U.S. companies and workers virtually nothing. Trade sanctions may impose very significant costs on individual companies, and these …


The Desirability Of Agreeing To Disagree: The Wto, Trips, International Ipr Exhaustion And A Few Other Things, Vincent Chiappetta Jan 2000

The Desirability Of Agreeing To Disagree: The Wto, Trips, International Ipr Exhaustion And A Few Other Things, Vincent Chiappetta

Michigan Journal of International Law

This Article proposes a procedural and substantive approach specifically designed to achieve this result. Concerning process, interim national and regional decisionmaking and the multilateral debate must expressly broaden and clarify the values and interests at stake. Three basic operational principles advance this objective. First, comparisons based on IPR labels (patent, copyright, and the like) confuse rather than illuminate. Instead, focus must be on the actual underlying policy justifications and objectives. Second, the full range of implicated justifications (economic and otherwise), including those outside the decision-makers' own norms, must be expressly identified and considered. Finally, any position taken or decision reached …


Trade And Inequality: Economic Justice And The Developing World, Frank J. Garcia Jan 2000

Trade And Inequality: Economic Justice And The Developing World, Frank J. Garcia

Michigan Journal of International Law

This Article attempts to lay the foundation for such a framework in the area of international trade law. More specifically, this Article develops the argument that the principle of special and differential treatment, a key element of the developing world's trade agenda, plays a central role in satisfying the moral obligations that wealthier states owe poorer states as a matter of distributive justice. Seen in this light, the principle of special and differential treatment is more than just a political accommodation: it reflects a moral obligation stemming from the economic inequality among states.


The Role Of Dispute Settlement In World Trade Law: Some Lessons From The Kodak-Fuji Dispute, John Linarelli Jan 2000

The Role Of Dispute Settlement In World Trade Law: Some Lessons From The Kodak-Fuji Dispute, John Linarelli

Scholarly Works

No abstract provided.


Another Attack On The Fast Track, Constance Z. Wagner Jan 2000

Another Attack On The Fast Track, Constance Z. Wagner

All Faculty Scholarship

Although the Congressional fight over the North American Free Trade Agreement (NAFTA) may have ended when the NAFTA Implementation Act passed by a narrow margin, the controversy surrounding NAFTA has not. In Made in the USA Foundation v. United States, the United Steel Workers of American and others asserted that NAFTA was void because it had been approved as a congressional-executive agreement when it should have been approved as a treaty under Article II, Clause 2 of the U.S. constitution. The author discusses the constitutional law issue raised by the lawsuit, namely the validity of the long-standing U.S. practice of …