International Trade Law Commons^™

Government Procurement, Financial Services, And Environment: Linkages And Implications For The Eu And Brazil, Adeet Dobhal, Lucas Moreira Jiminez

Columbia Center on Sustainable Investment

The relationship between trade and the environment is increasingly a priority for policymakers and civil society. However, some of the disciplines covered by modern trade agreements have not received enough attention when it comes to their potential impact on the environment. Financial services and government procurement are two such areas, even though they are increasingly consequential topics for international trade policy and negotiations. This blind spot merits greater consideration as the connections definitely exist: the regulation of government procurement and financial services can have positive or negative implications for environmental outcomes on the ground, which makes understanding these links a …

Letter Of Credit Related Trade Disputes - Court Decisions Legal Certainty In Indonesia, Rori Achir, Mella Ismellina Farma Rahayu, Ahmad Sudiro

Indonesia Law Review

This study examines the legal certainty surrounding commercial letters of credit (L/C) within the context of Indonesian judicial practice, focusing on how courts conduct hearings and render decisions in L/C-related trade disputes. The term “L/C” in this research encompasses both international L/C and the domestic equivalent, Surat Kredit Berdokumen Dalam Negeri (SKBDN). The analysis explores whether Indonesian courts have undertaken comprehensive judicial examinations across five key dimensions: (1) the determination of whether a breach of contract or a tort occurred; (2) the characterization of contractual relationships among the disputing parties; (3) the application of the L/C independence principle; (4) the …

De-Escalating The United States-China Trade War Using A Global Conflict Resolution Methodology Framework, Angelina Kapp

Undergraduate Honors Theses

How can the United States and China collaboratively de-escalate their current trade relationship using a conflict resolution methodology to foster economic growth and foreign investor confidence in the evolving landscape of global trade? This paper will serve as a guide to those wanting to gain a comprehensive understanding of the macroeconomic causes and impacts of the contentious trade war between the U.S. and China. The year 2018 can be attributed to the start of the war when then-President Donald Trump implemented tariffs on Chinese goods and products. These back-and-forth financial and economic measures have been continually imposed to this day …

Fetch The Bolt Cutters: Reflections On Racial Capitalism And The Nafta/Usmca, J. Benton Heath

Brooklyn Journal of International Law

Using the pecan orchards of West Texas as a starting point, this Article offers a reflection on the utility of racial capitalism as an organizing frame for understanding international trade and trade agreements. The Article is also a tribute to other scholars in this field, whose work long precedes and informs my own. It is an expanded version of a presentation given for an symposium at Brooklyn Law School in October 2023 on Promises and Challenges for the Future of North American Trade, and it is written for readers who may be unfamiliar with this body of work.

Labor Enforcement In The Us-Mexico-Canada Agreement: Design, Motivation, And Reality, Inu Manak, Alfredo Carrillo Obregon

Brooklyn Journal of International Law

The United States-Mexico-Canada Agreement (USMCA) includes a novel feature in the agreement’s dispute settlement provisions: the Rapid Response Labor Mechanism (RRM). The stated purpose of the RRM is to ensure the remediation of a denial of collective bargaining rights for workers in certain covered facilities. Its novelty is that it does not follow the typical labor claims processes as found in previous trade agreements, nor is it structured like traditional state-to-state dispute settlement. Primarily, it provides a means to take swift action against a facility when the complainant deems that a denial of specific labor rights is taking place. Essentially, …

Wipo Good Practice Toolkit For Collective Management Organisations 2021: Suggestions For Possible Amendment, Desmond Oriakhogba

Joint PIJIP/TLS Research Paper Series

Drawing examples from national and international legal instruments, and based on existing studies, this comment makes suggestions for possible amendment of the World Intellectual Property Organization’s Good Practice Toolkit for Collective Management Organisations 2021 (CMO Toolkit). The suggestions are for inclusion of good practices in the CMO Toolkit that can inform the regulation of CMOs to prevent them from constituting obstacles to open access non-commercial licensing and L&Es-enabled access for education and research. The suggestion also covers good practices that will prevent CMOs from impeding the smooth and effective development of artificial intelligence systems. Recommendations include protecting rightholders' ability to …

Elaborating A Human Rights Friendly Copyright Framework For Generative Ai, Christophe Geiger

Joint PIJIP/TLS Research Paper Series

This paper analyses the copyright issues related to so-called “generative AI” systems and reviews the arguments currently advanced to change the copyright regime for AI-generated works from a human rights perspective. It argues that because of the applicable human rights framework for copyright but also the anthropocentric approach of human rights the protection of creators and human creativity must be considered the point of reference when assessing future reforms with regard to copyright and generative AI systems. Consequently, the copyrightability of AI-generated outputs should be considered with utmost care and only when AI is used as a technical tool for …

Subsidizing The Microchip Race: The Expanding Use Of National Security Arguments In International Trade, Victoria Walker

University of Michigan Journal of Law Reform

In 2018, China, India, the European Union, Canada, Mexico, Norway, Russia, Switzerland, and Turkey lodged complaints with the World Trade Organization’s (WTO) Dispute Settlement Body (DSB) in the case of Certain Measures on Steel and Aluminium Products. Each State alleged that the United States had violated international trade law by imposing a series of aggressive tariffs on steel and aluminum imports. President Donald Trump’s administration responded to these allegations by claiming that its actions were permissible under Article XXI of the General Agreement on Tariffs and Trade (GATT); a long-standing exception built into the international trade law framework that …

Defrosting Regulatory Chill, Guillermo J. Garcia Sanchez

Faculty Scholarship

In Homer’s Odyssey, King Odysseus asked his men to tie him to the mast of his ship with the hope that he would not jump into the sea after listening to the Sirens. The Odyssey’s hero made a pact to bind himself in the future. He knew that the temptation would be impossible to resist without restraints. Similarly, the creators and advocates of international investment agreements believe that providing rights to foreign investors through international treaties will chill State policies that would harm the interests of investors in the future. The “rope” to tie the State is the threat of …

Conceptualising State-Centric Mediation: An Analysis Of China's Foreign Investment Complaints Mechanism, Mark Mclaughlin

Research Collection Yong Pung How School Of Law

This article argues that China's foreign investor complaints system constitutes 'state-centric investment mediation'. The Rules on Handling Complaints of Foreign-Invested Enterprises, which entered into force on 1 October 2020, place a state agency in the position of facilitating negotiations between a foreign investor and the agency being complained against. The prospects for this complaints system depend on how the state-as-mediator dynamic is perceived by foreign investors. To this end, it will be argued that settlement agreements reached pursuant to this system may be enforceable under the Singapore Convention on Mediation in certain circumstances. Investors and government entities operating similar systems …

U'Wa Indigenous People Vs. Columbia: Potential Applications Of The Escazu Agreement, Ariana Lippi

Sustainable Development Law & Policy

Though the case is ongoing, and results are still to be seen, it in many ways sets a precedent for indigenous communities in Latin America seeking redress for environmental and cultural injustices. With Colombia’s recent ratification of The Escazú Regional Agreement (the Agreement herein) in 2022, this case presents a unique opportunity for implementation of the Agreement and greater accountability within existing domestic legislation.

Natural Resources In The Arctic: The Equal Distribution Of Uneven Resrouces, Ganeswar Matcha, Sudarsanan Sivakumar

Sustainable Development Law & Policy

This paper analyses the governance machine in place at the Arctic and examines the application of the principles of “common heritage of mankind” at the Arctic. This paper also offers some tentative propositions aimed at protecting Out Bound investment rights and how the World Trade Organization or other countries, like the U.S., can intercede in the Arctic investment sphere and attempt to regulate along with the United Nations Convention for the Law of the Sea.

Incentivizing Sustainability In American Enterprise: Lessons From Finnish Model, Vasa T. Dunham

Sustainable Development Law & Policy

The disparate climate performances of Finland and the United States, two of the wealthiest countries in the world, bring to light the question of how corporate responsibility has been inspired in each jurisdiction. Having established the urgency of the climate crisis and the importance of corporate behavior in optimizing a given country’s approach to protection of the global environment, an examination of each nation’s legal frameworks may shed light on features of the corporate regime that are effective in advancing sustainability goals and those that are not.22 Part I of this paper establishes a comparative framework by providing background on …

Editor's Note, Shade Streeter, Reagan Ferris

Sustainable Development Law & Policy

The Sustainable Development Law & Policy Brief (ISSN 1552-3721) is a student-run initiative at American University Washington College of Law that is published twice each academic year. The Brief embraces an interdisciplinary focus to provide a broad view of current legal, political, and social developments. It was founded to provide a forum for those interested in promoting sustainable economic development, conservation, environmental justice, and biodiversity throughout the world.

Building A Text And Data Mining Limitation: The Brazilian Case, Luca Schirru, Allan Rocha De Souza, Claudia Chamas

Joint PIJIP/TLS Research Paper Series

In recent years, there has been a growing body of legal regulation of

TDM. Since 2018, Japan, the European Union, Singapore and others have

promoted changes to their copyright law and included specific limitations and

exceptions for TDM. These changes have been slow in the Global South and

the developing world, even though they are urgently needed there. This report

aims to present the Brazilian copyright legal framework and the policy

documents related to Intellectual Property, Artificial Intelligence and

innovation influencing political and public debate. This set of policies and

legislative texts provides the grounds for the discussion on the …

Demand-Side Disarmament: Or How I Learned To Deter The Bomb, James J. Bernstein

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Briefing Note: 45th Meeting Of The Wipo Standing Committee On Copyright And Related Rights, Sean Flynn

Joint PIJIP/TLS Research Paper Series

This analysis provides a historical and legal overview of the principle agenda items to be discussed at the 45th meeting of the Standing Committee on Copyright and Related Rights.

Pushing A Square Pin Into A Round Hole? Intellectual Property Challenges To A Sustainable And Circular Economy, And What To Do About It, Irene Calboli

Faculty Scholarship

It is old news that the world is facing growing environmental problems related to industrial manufacturing and waste management. Finally, consumers are demanding change due to the increasing threat of climate change, and industries are being forced to adapt. Repairing, reselling, upcycling, and recycling existing products are key activities to promote sustainability and a circular economy, but current intellectual property (IP) rules may stand in the way when these activities are not conducted by, or with the consent of IP owners. This opinion argues that IP cannot be used to prevent a greener and more sustainable economy. Instead, it needs …

The Teetotalling Winebibber: A Case Study For The International Sale Of Goods, Stephen M. Shrewsbury

Pace International Law Review

Case studies are very effective pedagogical tools available to business and legal educators. Hypothetical fact patterns provide instructors an additional advantage of being able to modify facts to target particular learning goals for students. This article presents a substantial case study and teaching notes for a hypothetical international sale of goods transaction. The facts presented will necessitate student research and examination of a wide range of legal issues related to contract negotiation and interpretation, shipping and related difficulties that might arise during contract execution, and issues related to disputes over the quality of goods. Questions in the study require students …

Drawing The Line Of Scrimmage: Global Perspective Of Daily Fantasy Sports In The Advertising Space, Michael Sekich

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Budding Solutions: Weeding Out Obstacles To Bankruptcy Protections For Marijuana Ventures, Jessica Lowen

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Environmental, Social, And Governance (Esg) Reporting: Attempting To Bridge The Gap On Reporting Standards And The Need For Uniform Standards, Emilee Kula

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Data Privacy And China's “Super App” Wechat, Wan Li

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

The Trips Trap Revisited, Roya Ghafele, Adam Chaddock

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Sovereignty As Responsibility With References To The Framework Of R2p, Tor Dahl-Eriksen

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Foreword

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Table Of Contents

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Dedication

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Tiktok V. Montana - State Tiktok Ban Blocked By Court Based On Foreign Affairs Preemption, Anna C. Conley

Faculty Journal Articles & Other Writings

This article examines the U.S. District Court for the District of Montana's decision to preliminarily enjoin enforcement of Montana’s state law banning TikTok, citing foreign affairs preemption. The court found that the law conflicted with federal authority under the Defense Production Act (DPA), intruded upon the federal domain of foreign affairs, and violated the dormant foreign commerce clause. The case, now on appeal to the Ninth Circuit, highlights the tension between state-level regulation and federal control over foreign relations, particularly in the context of national security concerns surrounding Chinese-owned technology platforms. The article explores the legal arguments presented by TikTok …

The Long And Short-Run Spatial Impacts Of Trade, Lin Ma, Yunlong Song, Yang Tang

Research Collection School Of Economics

We explore how the spatial impacts of trade evolve over time using a dynamic spatial model that incorporates capital accumulation and skill acquisition. We show that in the short run, the spatial impacts of trade mainly depend on the initial conditions, especially the endowments of physical and human capital across locations. However, in the long run, trade shocks shape the distribution of production factors across space through factor accumulation and migration, resulting in significantly different spatial impacts. In the context of China’s WTO accession, we find that international trade is seven times more effective in driving the population towards coastal …