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Articles 901 - 930 of 6856
Full-Text Articles in International Trade Law
Contracting For Consumer Trade Compliance, Christine Abely
Contracting For Consumer Trade Compliance, Christine Abely
Law Faculty Scholarship
Export compliance is becoming increasingly important for parties required to abide by U.S. law, including many online sellers of consumer products. These retailers' contractual terms with their customers set forth a number of provisions governing the relationship between them, including those which deal with arbitration, indemnification, disclaimer of warranties, and other issues. Many such agreements also purport to create obligations on the part of the consumer as to export control and sanctions compliance relative to the products they purchase. These contract provisions attempt to do so, however, in often markedly different ways, and with language that may leave notable gaps …
Domestic Stability And International Trade Order, Sannoy Das
Domestic Stability And International Trade Order, Sannoy Das
Vanderbilt Law School Faculty Publications
This Article challenges the theoretical frameworks through which we have so far apprehended the crisis of the liberal international trade and economic order, precipitated by relentless unilateral action--whether tariffs or industrial policy--especally in the United States. It argues that the conventional concerns about unilateralism overlook the ways in which unilateraism has been--and can be-- a foundation for international order rather than its antithesis. Our contemporary difficulty is that we typically understand unilateral action as a breach of an international norm. This way of thinking follows from nineteenth-century liberal internationalism. But a deeper tradition in the law of nations shows that …
Citizen Shareholders: The State As A Fiduciary In International Investment Law, Eleanor L. Thompson
Citizen Shareholders: The State As A Fiduciary In International Investment Law, Eleanor L. Thompson
Michigan Law Review
International investment law provides stability for investors, helps capital flow across the globe, and can be a critical tool for sustainable development. This regime, however, has become increasingly controversial, in part due to its inability to reconcile investor obligations with competing human rights obligations. International investment treaties provide substantive guarantees to investors, including submission to binding arbitration in the event of breach. When found in breach of one of these guarantees, international investment arbitral tribunal awards are often in the hundreds of millions of dollars, potentially creating “regulatory chill” for states that may otherwise take affirmative action to protect human …
Digital Regulation And Development: A Global Micro And Macro Comparison, Katrin Kuhlmann
Digital Regulation And Development: A Global Micro And Macro Comparison, Katrin Kuhlmann
Georgetown Law Faculty Publications and Other Works
Regulation of the digital economy is receiving increased attention both domestically and internationally, but too little scholarship exists assessing the degree to which these new rules effectively support economic, social, and sustainable development. This Article advances a micro-macro framework for assessing digital regulation and its development dimension, including digital inclusion and measures to address the digital divide, the protection of human rights, and the operationalization of the United Nations’ Sustainable Development Goals. In doing so, it incorporates a “micro international law” methodology to compare domestic legal design features and trace their diffusion into regional trade agreements and, in turn, into …
The Us-Ukraine Strategic Minerals Partnership In The Wake Of Russia’S War Of Aggression, Gregory Shaffer, Sergio Puig
The Us-Ukraine Strategic Minerals Partnership In The Wake Of Russia’S War Of Aggression, Gregory Shaffer, Sergio Puig
Georgetown Law Faculty Publications and Other Works
Russia’s full-scale invasion of Ukraine has prompted not only military and diplomatic responses, but also novel forms of international agreements centered on co-investment in resources and infrastructure. This essay examines the “minerals deal” between Ukraine and the United States. The agreement establishes a joint venture for investment in mining, hydrocarbons, and infrastructure in Ukraine. Although the key details are set forth in a Limited Partnership Agreement (LP Agreement) that remains undisclosed, insights can be drawn from the publicly available Agreement on the Establishment of a United States–Ukraine Reconstruction and Investment Fund (UURIF), official statements, a leaked draft of the LP …
Trade Agreements Have Helped Prohibit Forced Labor, Desiree Leclercq
Trade Agreements Have Helped Prohibit Forced Labor, Desiree Leclercq
Scholarly Works
While policymakers today debate the future of trade policy, the real story lies in the proven wins quietly shaping economies and improving lives worldwide. This series showcases ten compelling wins in international trade that demonstrate the success of crossborder commerce and open trade policies.
Show Me The Money: Approaches To Anti-Money Laundering Compliance For Digital Assets, Mollie Rouan
Show Me The Money: Approaches To Anti-Money Laundering Compliance For Digital Assets, Mollie Rouan
Brooklyn Journal of Corporate, Financial & Commercial Law
The European Union’s Markets in Crypto-Assets Regulation (“MiCA”) created a harmonized framework to regulate digital asset issuance and services that were not already covered by existing regulations. Notably, MiCA requires virtual asset providers to adhere to the Financial Action Task Force Recommendation 16 (“FATF”), also known as the Travel Rule. Though the Travel Rule has existed for almost 20 years, its application to crypto asset transfers is entirely new. The purpose of the Travel Rule is to detect and prevent money laundering and terrorist financing, but its application to cryptocurrency wallet transactions is criticized for being overly burdensome and invasive …
(When) Can Trade Wars Be Good?, Henry S. Gao, Weihuan Zhou
(When) Can Trade Wars Be Good?, Henry S. Gao, Weihuan Zhou
Research Collection Yong Pung How School Of Law
‘Trade wars are good, and easy to win,’ tweeted Donald Trump in 2018. The US–China trade war that followed proved otherwise – especially when confronting a major economic power. Yet, can trade wars ever be good? While the academic consensus holds they harm all participants, we argue that under certain circumstances they can produce positive outcomes. Set against the backdrop of the Liberation Day tariffs announced on April 2, 2025, this paper examines the limits of the Ricardian free trade model underpinning the current multilateral trading system, identifies when trade wars may serve strategic goals, and explores alternative rules to …
Rethinking Aquaculture Regulation In A Post-Chevron World, Kamaile A. N. Turčan
Rethinking Aquaculture Regulation In A Post-Chevron World, Kamaile A. N. Turčan
Fordham Environmental Law Review
After the Supreme Court overruled Chevron deference in Loper Bright v. Raimondo, commentators warned of the detriment to federal agencies resulting from the loss of judicial deference to agencies’ interpretations of the statutes they administer. This Essay takes a different approach and examines how advocates for agency authority can use this shift away from judicial deference to their advantage—by refocusing litigation strategy toward congressional delegations. Statutory interpretation arguments need no longer focus on whether an agency is intruding on the judicial prerogative to interpret the law and can now focus instead on whether a court is intruding on the …
Keynote Address: Community Over Constitution, Riddhi Mukhopadhyay
Keynote Address: Community Over Constitution, Riddhi Mukhopadhyay
Seattle University Law Review
In this keynote address, Riddhi Mukhopadhyay challenges the veneration of the U.S. Constitution by highlighting its origins in exclusion and its continued failure to protect marginalized communities. Drawing from her experience in civil legal aid and gender justice, she argues that the Constitution was drafted to consolidate power among white, wealthy men and continues to reflect that legacy through racial, gender, and class-based inequities. While acknowledging the significance of constitutional amendments and landmark cases, Mukhopadhyay emphasizes that meaningful change has always come from community-led action, not top-down reform. Additionally, Mukhopadhyay calls on lawyers and legal advocates to center community, practice …
The Lost Child: A Critique On Transracial Adoption Rhetoric, Hallie Conyers-Tucker
The Lost Child: A Critique On Transracial Adoption Rhetoric, Hallie Conyers-Tucker
Seattle University Law Review
Transracial adoption in the United States reflects a deeply rooted history of colonialism, cultural assimilation, and racial hierarchy, masked by rhetoric focused on the “best interest of the child.” The author critiques that rhetoric and traces how adoption practices and policies, both domestic and international, have evolved to reinforce systemic inequities. Through historical analysis of the forced adoption of Native American, Black, and Asian children, it reveals how the best interest standard has been wielded not to protect children but to uphold political and racial ideologies. The author argues that the prevailing adoption framework relies on child-saving and color-blind narratives …
A Global Reconstruction: Black Internationalism And The Human Rights Regime, Britta Redwood
A Global Reconstruction: Black Internationalism And The Human Rights Regime, Britta Redwood
Seattle University Law Review
Black American advocates for civil, political, and economic rights have long taken an internationalist approach and fostered connections with international organizations and transnational movements. This engagement has also been a generative force and played role in shaping international law. Beginning in the early years of the twentieth century, Black intellectuals and leaders, spearheaded by the NAACP and the UNIA, focused on human rights as a means for addressing and repairing the harms wrought by slavery, Jim Crow, and racism. From the Paris Peace Conference of 1919 through the Universal Declaration of Human Rights, the Genocide Convention, and the drafting of …
The Gap: Addressing The Missing Piece In HawaiʻI’S Anti-Discrimination Laws On Credit And Lending, Wendy Mun
The Gap: Addressing The Missing Piece In HawaiʻI’S Anti-Discrimination Laws On Credit And Lending, Wendy Mun
Seattle University Law Review
This author addresses the significant gap in Hawaiʻi’s anti-discrimination laws, specifically the lack of explicit protections for LGBTQ+ individuals against credit and lending discrimination. Although federal laws like the Equal Credit Opportunity Act (ECOA) and recent interpretations by the Consumer Financial Protection Bureau (CFPB) extend some protections, they remain vulnerable to shifting federal priorities and interpretations. The author explores how other states, particularly California and Washington, have enacted robust statutory protections that clearly prohibit credit discrimination based on sexual orientation and gender identity. They argue that Hawaiʻi, despite its large LGBTQ+ population, must amend its credit protection laws to reflect …
The U.S. Drug Policy Hamster Wheel: A Critical Discourse Analysis Of Seattle’S New Drug Ordinance, Hallie Conyers-Tucker
The U.S. Drug Policy Hamster Wheel: A Critical Discourse Analysis Of Seattle’S New Drug Ordinance, Hallie Conyers-Tucker
Seattle University Law Review
The author critically examines Seattle’s new drug ordinance using Critical Discourse Analysis (CDA) to reveal how legislative language influences the policy's actual effect. Although the ordinance claims to prioritize diversion and community health, the use of permissive language such as “may” and “shall” grants broad discretionary power to law enforcement and undermines the stated intent. The author situates the ordinance within a broader historical context, highlighting how drug policy in the United States has consistently been shaped by racialized and stigmatizing narratives. Additionally, the author argues that meaningful reform requires reframing the discourse around substance use to support public health …
Something Concrete: How Labor Advocates Can Best Respond To The Ambiguity Of Glacier Northwest, Ateş Serifsoy
Something Concrete: How Labor Advocates Can Best Respond To The Ambiguity Of Glacier Northwest, Ateş Serifsoy
Seattle University Law Review
The Supreme Court’s much-anticipated decision in Glacier North-west, Inc. v. International Brotherhood of Teamsters Local No. 174 (Glacier) marked a critical moment for workers’ rights under the National Labor Relations Act (NLRA) and the longstanding practice of Garmon preemption. Yet, initial fears of a significant rollback of workers’ rights, driven by sensational headlines, were met with an unexpectedly narrow Court opinion. This Comment examines Glacier’s implications for Gar-mon preemption and the right to strike. It offers the historical background of the doctrine of labor law preemption before Glacier; presents a detailed analysis of Glacier itself, including its …
Can The Law Protect My Craft? How Gaps In Copyright Of Knitting Patterns Symbolize A Greater Struggle For Protecting Traditionally Feminine Forms Of Intellectual Property, Kysa Walzer
Seattle University Law Review
The purpose of this article is to demonstrate the application of intel-lectual property rights within the context of copyright protection of knit-ting patterns. The article will discuss the underutilization of copyright pro-tection for knitters and crafters and its larger impact upon craft and indus-try traditionally comprised of women. Part I introduces knitting patterns and a short history of copyright protections. Part II discusses the specific areas within knitting patterns and the knitting community which give rise to legal grey areas for copyright protection. Part III discusses the larger implications of copyright and intellectual property in spaces where women traditionally make …
A New Exclusionary Rule To Protect Bodily Integrity And Discourage Pretext Stops, Josephine Ross
A New Exclusionary Rule To Protect Bodily Integrity And Discourage Pretext Stops, Josephine Ross
Seattle University Law Review
The author proposes a novel state-level exclusionary rule to reduce racial profiling and protect bodily autonomy during police encounters. The current Fourth Amendment jurisprudence fails to deter pretextual stops and frisks because the exclusionary rule often turns on officer fault and "good faith," allowing racially motivated practices to go unchecked. As federal rollbacks on diversity and data collection hinder efforts to track racial bias, the author argues for a statutory evidentiary rule that automatically excludes drug evidence found during (1) traffic stops, (2) pat-downs for weapons, and (3) consent searches, regardless of an officer’s intent or the legality of the …
Navahine V. HawaiʻI Dept. Of Transportation: The Keiki Will Lead Us, Catherine Smith
Navahine V. HawaiʻI Dept. Of Transportation: The Keiki Will Lead Us, Catherine Smith
Seattle University Law Review
The author analyzes the landmark case Navahine v. Hawaiʻi Department of Transportation, which culminated in the world’s first constitutional climate settlement. Catherine Smith, serving as an expert for the youth plaintiffs, situates the case within Hawaiʻi’s legal tradition of prioritizing children’s rights and intergenerational equity. She explores the evolution of children’s constitutional protections, contrasting Hawaiʻi’s progressive jurisprudence with the dominant adult-centric legal framework on the mainland. She critiques four recurring analytical missteps in U.S. courts that marginalize children’s interests and highlights Hawaiʻi’s public trust doctrine and cultural values, such as the Aloha Spirit, as models for addressing climate-related harms. …
Constitutional Futurism As Pedagogy, Jeremiah Chin
Constitutional Futurism As Pedagogy, Jeremiah Chin
Seattle University Law Review
Constitutional Law has transformed from a course on history to a discussion of current events. Cases like Students for Fair Admissions v. Harvard College, Dobbs v. Jackson Women’s Health Organization, and Loper Bright Enterprises v. Raimondo reveal that the study of constitutional law is not a static, or even linear, discussion of constitutional text and history. Law is a shifting, changing enterprise that reflects social constructions of power, authority, and identity. How do we teach, learn, and understand constitutional law that is so laden with history, riddled with theories of consistency and adherence to precedent, but ultimately subject …
Digital Economy Innovation In The Indo-Pacific: Towards A 'Singapore Effect'?, J.G. Allen, Qiu Xu Martin Liao
Digital Economy Innovation In The Indo-Pacific: Towards A 'Singapore Effect'?, J.G. Allen, Qiu Xu Martin Liao
Research Collection Yong Pung How School Of Law
This paper examines the rise of Digital Economy Agreements (DEAs) in the Indo-Pacific as a strategic response to digital trade fragmentation and great power competition. Focusing on Singapore’s leadership, we introduce the ‘Singapore Effect’ – a model of regulatory influence distinct from others, such as the ‘Brussels Effect’ and ‘Beijing Effect.’ Unlike market-driven regulatory diffusion, the Singapore Effect emphasizes interoperability, norm entrepreneurship, and mini-lateralism, enabling middle powers to shape digital trade governance. We analyze DEA formation, implementation challenges in national law, and Singapore’s role as a bridge between diverse regulatory regimes. DEAs’ flexible, modular structure allows for incremental regulatory alignment …
Friction Points Between The Eu Data Act And Wto Law, Pedro R. Borges De Carvalho
Friction Points Between The Eu Data Act And Wto Law, Pedro R. Borges De Carvalho
Indian Journal of International Economic Law
It has been noted that many of the provisions of the EU Data Act are protectionist in character, seemingly designed to guard data as a national resource to be explored by EU actors first and foremost, and not to be exported, to the detriment of third-country companies. To international trade treaty partners, most notably the United States, it may seem as though the EU’s policy of digital sovereignty, in its current contours, risks violating WTO Law, which is premised on ideals of global free trade and comparative advantage. This essay analyses the most problematic provision of the Data Act in …
Sosiologi Hukum Dan Perubahan Sosial: Studi Kasus Uu No. 35 Tahun 2014 Tentang Perlindungan Anak Sebagai Respon Terhadap Kesadaran Sosial Yang Meningkat Akan Hak Anak, Fahrul Rozi
Jurnal Hukum & Pembangunan
Dalam konteks sosial yang dinamis, kesadaran akan hak anak telah meningkat, terlihat dari perhatian masyarakat terhadap isu-isu seperti kekerasan, eksploitasi, dan diskriminasi. Meskipun UU No. 35 Tahun 2014 memberikan kerangka hukum yang kuat untuk melindungi hak-hak anak, tantangan dalam pelaksanaannya masih ada, termasuk kurangnya sumber daya dan koordinasi antar lembaga. Anak jalanan, sebagai kelompok yang paling rentan, sering kali terjebak dalam siklus kemiskinan dan stigma sosial, yang menghambat upaya perlindungan. Menekankan pentingnya edukasi dan sosialisasi mengenai hak anak, serta peran aktif masyarakat dan media dalam mendukung perlindungan anak. Dengan kolaborasi antara pemerintah, masyarakat, dan lembaga swadaya masyarakat, diharapkan hak-hak anak …
Sex Offender Prison Treatment Programs: Outdated Science Masquerading As A Legitimate Penological Objective, Shelby Jones
Sex Offender Prison Treatment Programs: Outdated Science Masquerading As A Legitimate Penological Objective, Shelby Jones
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Minding The Gap: The Berne Convention’S Silence On Available Copyright Infringement Damages, Kylie Johnston
Minding The Gap: The Berne Convention’S Silence On Available Copyright Infringement Damages, Kylie Johnston
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Confronting The Injustices That Prevail From Revealing Americans’ Most Private Information: Their Genetic Code, Aubrey Fleming
Confronting The Injustices That Prevail From Revealing Americans’ Most Private Information: Their Genetic Code, Aubrey Fleming
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Sovereignty Vs. Humanity: The Evolution Of International Law In Civil And Colonial Wars And Modern Implications, Dr. Noam Zamir
Sovereignty Vs. Humanity: The Evolution Of International Law In Civil And Colonial Wars And Modern Implications, Dr. Noam Zamir
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Tax Treaties In The Wind, Doron Narotzki
Tax Treaties In The Wind, Doron Narotzki
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Cuba And The Constitution Of A Stable State Of Misery: Ideology, Economic Policy, And Popular Discipline, Larry Catá Backer
Cuba And The Constitution Of A Stable State Of Misery: Ideology, Economic Policy, And Popular Discipline, Larry Catá Backer
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.