Transnational Law Commons^™

The World Trade Organization Agreement On Agriculture And World Food Security, David Blandford

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

This article discusses the nature of food insecurity in poor countries, its causes, and how these can be addressed. Disciplines are imposed on domestic agricultural policies through World Trade Organization (WTO) agreements, in particular the Agreement on Agriculture (AoA), resulting from the Uruguay Round negotiations that were completed in 1994. The AoA provides considerable flexibility for countries to pursue a range of economically efficient policies aimed at food security objectives. However, it limits the use of some policy measures, such as price supports and input subsidies, that can be costly and inefficient, and also has negative environmental consequences. There is …

Land Is Not The New Oil: What The Nigerian Oil Experience Can Teach South Sudan About Balancing The Risks And Benefits Of Large Scale Land Acquisition, Scott P. Stedjan

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

Recent global food price volatility combined with the growing use of agricultural land to produce biofuels has sparked a global scramble for land, with Sub-Saharan African countries serving as the main targets for investors. Derided as “land-grabbing” by those opposed to the practice, the phenomenon of large-scale acquisition of farmland by governments and private investors sparked a global debate since the global food crisis of 2008. Although international investment in agriculture plays a vital role in development and poverty reduction, large scale international investment poses some serious risks to both communities and international investors. Because there are no signs of …

Foreword, Scott P. Stedjan

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

No abstract provided.

Geopolitics Of Resource Scarcity, Kent Hughes Butts

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

No abstract provided.

From Scarcity To Abundance: The Changing Dynamics Of Energy Conflict, Michael T. Klare

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

Energy security and geopolitics have played a pivotal role in international affairs for a very long time, ever since the development of oil-powered vehicles and weapons of war. Until recently, the geopolitics of energy have largely been governed by perceptions of scarcity—the assumption that oil and other energy reserves were relatively limited, and that competition over their exploitation would lead to recurring crisis and conflict. However, the recent utilization of advanced extractive technologies—including deep-sea drilling and hydraulic fracturing—have resulted in unexpected production gains and fostered a sense that abundance, rather than scarcity, will govern the future energy picture. …

U.S. Aid To Agriculture: Shifting Focus From Production To Sustainable Food Security, Marc J. Cohen

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

Since the 1960s, agriculture has waxed and waned as a key theme of U.S. international development assistance. In the 1970s, the United States and other donors focused on “growing the pile of food” through the use of high-yielding cereal grain varieties, mineral fertilizer, and synthetic pesticides in developing countries—the Green Revolution. This led to huge productivity increases and lower food prices in Asia and Latin America. But donors paid less attention to questions of equity, environmental sustainability, and gender equality. Due to increased food availability at lower prices, the United States and other donors reduced their focus on aid to …

Global Hunger And The World Trade Organization: How The International Trade Rules Address Food Security, Terence P. Stewart, Stephanie Manaker Bell

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

No abstract provided.

United States Customs Service Appraisals: The Dutiability Of Buying Agent Commissions - An Application Of The Trade Agreements Act Of 1979, James K. Austin

Georgia Journal of International & Comparative Law

No abstract provided.

Pause And Harmonize: Issues On The Dodd-Frank Act And Its Cross-Border Applications, 3 J. Marshall Global Mkt. L.J. 89 (2015), Yankun Guo

John Marshall Global Markets Law Journal

The 2008 financial crisis was a rude awakening for global financial regulators. The lack of transparency and regulation of the derivatives market was a major contributing factor to the global economic recession. As a response, world leaders pledged to bring economic and regulatory reform to their respective nations. In order to meet these goals, the United States proposed the Dodd-Frank Act and, in 2010, the Act was signed into law by President Obama. One of the purposes of Dodd-Frank is to allow financial regulators to police all derivative contracts that may affect the United States; unfortunately, the extraterritorial reach of …

Municipal Bondage: The Undisclosed Disclosure Obligations On Municipal Securities Issuers, 3 J. Marshall Global Mkt. L.J. 111 (2015), Claymore Hardman

John Marshall Global Markets Law Journal

The municipal securities market has recently become the target of increased regulatory scrutiny. Once considered a “sleepy market,” the market is now burdened by new regulations, increased oversight, and heightened enforcement, which place direct disclosure obligations on municipal securities issuers. As such, the clear provisions of the 1975 Tower Amendment, which limit regulation of the municipal securities market to anti-fraud actions, have been cut off at all corners. This Article examines the fundamental discord between regulating the municipal securities market with the same structure and intensity as the corporate securities market. This Article proposes limiting the reach of federal regulatory …

Charting A New Revolution In Equity Crowdfunding: The Rise Of State Crowdfunding Regimes In Response To The Inadequacy Of Title Iii Of The Jobs Act, 3 J. Marshall Global Mkt. L.J. 135 (2015), Christopher Douglas Mitchell

John Marshall Global Markets Law Journal

States, through the recent implementation of intrastate crowdfunding exemptions, have become significant players in the creation of an equity crowdfunding industry in the United States. Crowdfunding is an alternative capital-raising source for businesses and entrepreneurs, where investing and capital-raising takes place through solicitations of small amounts of money from a large number of people, typically via the Internet. While the federal crowdfunding provisions in Title III of the federal Jumpstart Our Business Startups Act (“JOBS Act”) have received much publicity, states are taking a leading role in enacting equity crowdfunding laws. State-enacted intrastate crowdfunding laws authorize securities offerings by residents …

National Company Disclosure Regulatory Frameworks: Superficially Similar But Substantively Different, 3 J. Marshall Global Mkt. L.J. 187 (2015), Gill North

John Marshall Global Markets Law Journal

The United States has led the world for many decades with regard to company disclosure rules and standards; other national company disclosure structures are based largely on the U.S. model. In December 2013 the U.S. Securities and Exchange Commission (the “SEC”) indicated that it intended to review Regulation S-K, which contains many important rules governing listed company reporting in the United States. This Article calls for the SEC to maintain its comprehensive approach to corporate disclosure regulation and practice as an essential platform for the future health of global financial markets. This Article highlights the importance of the global leadership …

The U.S. And Russian Patent Systems: Recent Amendments And Global Implications For The Protection Of Intellectual Property Rights, 14 J. Marshall Rev. Intell. Prop. L. 504 (2015), Elena Beier, Anne Wright Fiero

UIC Review of Intellectual Property Law

Recent legislative and geo-political activity might suggest little common ground between the United States and Russia. The respective intellectual property laws of these two countries, however, share many common goals. In fact, as reflected in the Report of the Innovation Working Group of the Russia-US Bilateral Presidential Commission (initiated by the Ministry of Economic development of the Russian Federation and U.S. Department of State), the two countries are trending towards cooperative intellectual property legislation. This article compares U.S. and Russian patent laws, with a particular emphasis on recent amendments in the areas of inventorship, prior art, and technology transfers. It …

Bad News Birkins: Counterfeit In Luxury Brands, 14 J. Marshall Rev. Intell. Prop. L. 249 (2015), Colleen Jordan Orscheln

UIC Review of Intellectual Property Law

The luxury fashion industry spends millions of dollars each year fighting counterfeits, yet a fake Louis Vuitton bag is easily purchased on street corners around the world. Proponents of the counterfeits argue that the fakes translate to advertising for the brands, while the luxury brands argue that it damages the future of their brand. The counterfeit market has been linked to child labor, human trafficking, organized crime, and some terrorist groups. The current federal civil and criminal statutes exclude purchasers from prosecution and instead focus on the distributors of the goods. This comment proposes the strengthening of these laws by …

The Insufficiency Of The Musical Instrument Passport Program Under Cites And The Lacey Act: The Need For A Centralized Wood Title Certification System For Manufactured Wood Products And Wooden Musical Instruments, 48 J. Marshall L. Rev. 495 (2015), Joseph Furlett

UIC Law Review

This comment begins with overviews of the Lacey Act, the Convention on International Trade of Endangered Species of Wild Fauna and Flora (CITES), and the Endangered Species Act of 1973 (ESA). The purpose of this background information is to provide context for the recent creation of a “passport” system for musical instruments to protect them from confiscation based on violations of CITES and the Lacey Act. This comment will then analyze the inherent flaws in the current passport system and describe the difficulties facing corporations and individual consumers as they try to navigate current laws that affect musical instruments. This …

Customs Law, Jennifer Diaz, Brandi B. Frederick, Shannon Fura, Yankun Guo, Jamie Joiner, Greg Kanargelidis, Daniel L. Kiselbach, Ryan Mcclure, Bethany Nelson, Rebecca A. Rodriguez, David Salkeld, Trice Stabler, Cyndee Todgham-Cherniak, Nghia "Neo" T. Tran, George Tuttle Iii, Luis Valdez Jimenez, Vicky Wu

The International Lawyer

This article summarizes important developments in 2014 in customs law, including U.S. judicial decisions, trade, legislative, administrative, and executive developments, as well as Canadian and European legal developments.

The Extraterritorial Reach Of Sovereign Debt Enforcement, 12 Berkeley Bus. L.J. 111 (2015), Karen H. Cross

UIC Law Open Access Faculty Scholarship

A significant barrier to enforcing sovereign debt obligations in U.S. court has been finding and attaching non-immune assets of the foreign sovereign debtor. In June 2014, the U.S. Supreme Court issued decisions in litigation between Argentina and hedge fund NML Capital that will significantly benefit creditors in the enforcement process. In one decision, the Court affirmed an order to compel banks to provide information as to how Argentina moves its monetary assets around the world, finding that the U.S. Foreign Sovereign Immunities Act (FSIA) does not limit a court's power to order post-judgment discovery. In the other decision, the Court …

New Weaknesses: Despite A Major Win, Arbitration Decisions In 2014 Increase The Us’S Future Exposure To Litigation And Liability, Lise Johnson

Columbia Center on Sustainable Investment Staff Publications

In 2014, the US continued its overall record of success in defending investment treaty claims. But it did suffer losses on a number of important issues, and those losses will render the US (and its treaty parties) vulnerable to future claims, litigation expense, and liability. The US’s recent losses, which have thus far been largely ignored in commentary on the US’s experiences in investment arbitration, are highlighted in this briefing note.

Grand Anse Declaration: Can The Caribbean Community Realistically Integrate Intraregional Trade And Production Within The Confines Of The Caricom Treaty By 1993?, C. Ray Miskelley

Georgia Journal of International & Comparative Law

No abstract provided.

China's Nine-Dashed Map: Maritime Source Of Geopolitical Tension, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

The South China Sea (SCS) is becoming an increasingly contentious source of geopolitical tension due to its significance as an international trade route, possessor of potentially significant oil and natural gas resources, China’s increasing diplomatic and military assertiveness, and the U.S.’ recent and ongoing Pacific Pivot strategy. Countries as varied as China, Taiwan, the Philippines, Indonesia and other adjacent countries have claims on this region’s islands and natural resources. China has been particularly assertive in asserting its SCS claims by creating a nine-dash line map claiming to give it de facto maritime control over this entire region without regard to …

Regulation Of Foreign Trade In Korea, Eun Sup Lee

Georgia Journal of International & Comparative Law

No abstract provided.

Globalization And International Law, Charles A. Hunnicutt

Georgia Journal of International & Comparative Law

No abstract provided.

Eu-Switzerland: Quo Vadis?, Marc Maresceau

Georgia Journal of International & Comparative Law

No abstract provided.

The Mauritius Convention On Transparency: Comments On The Rreaty And Its Role In Increasing Transparency Of Investor-State Arbitration, Lise Johnson

Columbia Center on Sustainable Investment Staff Publications

In July 2014, the United Nations Commission on International Trade Law (UNCITRAL) adopted the Mauritius Convention on Transparency that, if widely adopted, will do much to increase the transparency of investor-state arbitrations conducted under thousands of existing investment treaties and under any set of arbitration rules. This Policy Paper introduces the background and objectives of the Transparency Convention, provides commentary on each of its specific articles, and explains how the Transparency Convention can accomplish broad reform.

New Uncitral Arbitration Rules On Transparency: Application, Content And Next Steps, Lise Johnson, Nathalie Bernasconi-Osterwalder

Columbia Center on Sustainable Investment Staff Publications

In July 2013, the United Nations Commission on International Trade Law (UNCITRAL) adopted a package of rules aiming to ensure transparency in investor-State arbitration (the “Rules on Transparency”), ratifying the work done by delegations to UNCITRAL – comprised of 55 Member States, additional observer States and observer organizations – over the course of nearly three years of negotiations.

Under previous versions of the UNCITRAL Arbitration Rules, disputes between investors and States were often not made public, even where important public policies were involved or illegal or corrupt business practices were uncovered. In contrast, the new rules, which will officially come …

Jlia 3:1 - The Future Of International Criminal Justice

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

No abstract provided.

Learning From Our Mistakes: The Belfast Project Litigation And The Need For The Supreme Court To Recognize An Academic Privilege In The United States, Kathryn L. Steffen

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

Through the Belfast Project, researchers sponsored by Boston College began to compile an oral history of the period of violent political conflict in Northern Ireland known as “The Troubles” in a series of interviews. The interviewees’ participation in the project was conditioned on a strict promise of confidentiality. However, when authorities in the United Kingdom became suspicious that the interviews contained evidence of criminal activity, the United Kingdom, pursuant to a Mutual Legal Assistance Treaty, requested the United States to subpoena the materials on its behalf. Satisfaction of the subpoena would mean not only turning over the interview recordings, but …

National Security And The Protection Of Constitutional Liberties: How The Foreign Terrorist Organization List Satisfies Procedural Due Process, Aaron Schwartz

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

Foreign terrorist organizations pose a real and constantly evolving threat to U.S. national security. The Foreign Terrorist Organization (FTO) List seeks to temper that threat by extending the U.S. government an effective legal tool to identify and sanction members of terrorist organizations and those who support them. At the same time, however, the government must also ensure that its efforts to protect U.S. citizens do not trample constitutionally protected rights. This comment begins by exploring the FTO List's authorizing legislation and the policy and goals of that legislation. The comment then reviews and analyzes a series of cases discussing the …

Third Time’S The Charm: Will Basel Iii Have A Measurable Impact On Limiting Future Financial Turmoil?, Erin Pentz

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

The Great Recession of 2008 caused banking failures around the globe. The Basel Committee on Banking Supervision responded swiftly to create new minimum capital requirements for financial institutions in hopes of preventing additional failures and warding off future crises. Although the new capital standards that Basel III proposes are a step in the right direction, those standards alone will not be sufficient to prevent future bank failures in times of economic decline. Rather, true financial sector stability requires adequate capitalization of all institutions in terms of quality and quantity of capital, a strong regulatory framework, and a limitation on the …

International Institutions And The Resource Curse, Patrick Keenan

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

Many countries that are richly endowed with natural resources have failed to turn that resource wealth into sustained development. In many places, a small coterie of elites has become rich while most citizens see little benefit from their country’s vast resource wealth. A principal cause of this problem, often called the resource curse, is weak domestic institutions that permit leaders to enrich themselves and ignore the development needs of the country. From this, most scholars and policymakers have concluded that the way to fix the resource curse is to reform domestic institutions.

This article challenges the conventional wisdom and argues …