The Challenge Of Interpreting 'Wto-Plus' Provisions,
2010
Wayne State University
The Challenge Of Interpreting 'Wto-Plus' Provisions, Julia Ya Qin
Law Faculty Research Publications
This paper seeks to address special interpretive issues raised by the China Accession Protocol, focusing on provisions that prescribe more stringent rules for China than generally applicable WTO disciplines. These ‘WTO-plus’ provisions have already been involved in several WTO disputes. In the light of these disputes, the paper analyzes the interpretive challenge presented by the Protocol and suggests that, to meet the challenge, WTO adjudicators need to embrace a more holistic and systemic interpretive approach. The paper then proposes three working principles that may help to interpret the WTO-plus provisions of the Protocol in a coherent and systematic manner.
"Lawfare" In The War On Terrorism: A Reclamation Project,
2010
Case Western Reserve University School of Law
"Lawfare" In The War On Terrorism: A Reclamation Project, Melissa A. Waters
Case Western Reserve Journal of International Law
No abstract provided.
The Internationalization Of Securities Regulation: The United States Government's Role In Regulating The Global Capital Markets,
2010
University of Maryland Francis King Carey School of Law
The Internationalization Of Securities Regulation: The United States Government's Role In Regulating The Global Capital Markets, Eric. C. Chaffee
Journal of Business & Technology Law
No abstract provided.
Why Should International Law Be Concerned About State Failure?,
2010
University of Richmond
Why Should International Law Be Concerned About State Failure?, Chiara Giorgetti
Law Faculty Publications
In the last fifty years, the international community has undergone a transformation, as social, economic, and political dynamics have been altered. In fact, the international power structure has shifted towards a more complex structure, economies have been largely liberalized, new powerful international actors have emerged, and security threats have altered significantly. These transformations impacted all nation States. Indeed, a new standard of governance emerged that resulted in increased responsibility to each State's nationals. Similarly, States have become increasingly interindependent and have additional (both in numbers and substance) obligations towards each other and the international community in general. Certain States, however, …
Forward,
2010
University of Richmond
Forward, Daniel T. Murphy
Law Faculty Publications
Introduction to Symposium issue, "A Collision of Authority: The U.S. Constitution and Universal Jurisdiction."
Empirical Modalities: Lessons For The Future Of International Investment,
2010
American University Washington College of Law
Empirical Modalities: Lessons For The Future Of International Investment, Susan Franck
Scholarly Articles in Law Reviews & Journals
Empirical approaches add value to international investment law and aid in its evolution. Nevertheless, we must "fit the forum to the fuss." When transforming international law, we select proper methodologies for specific research questions and make international law empiricism part of a larger post-structuralist, pluralist legal dialogue. In connection with that, my remarks first place empirical research on international investment in a historical context. I then discuss where the research is today and offer an example of how empirical methods can be used to understand, reassess, and possibly transform international investment law and related institutions. Finally, I consider the future …
Korea's Patent Policy And Its Impact On Economic Development: A Model For Emerging Countries?,
2010
Mitchell Hamline School of Law
Korea's Patent Policy And Its Impact On Economic Development: A Model For Emerging Countries?, Jay Erstling
Faculty Scholarship
The purpose of this paper will be to examine Korean patent policy as exemplified by its patent legislation and the activities of Korean Intellectual Property Office (KIPO). Part II will take a brief look at the rationale underpinning Korea's confidence in the power of the patent system to stimulate economic growth. Part III of the paper will look at the Korean Patent Act as an example of strong, comprehensive patent legislation that fully complies with international standards and responds well to the perceived needs of patent applicants. In order to provide a basis of comparison, reference will be made wherever …
A Behavioral Approach To Human Rights,
2010
University of Kentucky College of Law
A Behavioral Approach To Human Rights, Andrew K. Woods
Law Faculty Scholarly Articles
For the last sixty years, scholars and practitioners of international human rights have paid insufficient attention to the ground level social contexts in which human rights norms are imbued with or deprived of social meaning. During the same time period, social science insights have shown that social conditions can have a significant impact on human behavior. This Article is the first to investigate the far-ranging implications of behavioralism—especially behavioral insights about social influence—for the international human rights regime. It explores design implications for three broad components of the regime: the content, adjudication, and implementation of human rights. In addition, the …
Cubing The Kyoto Protocol: Post-Copenhagen Regulatory Reforms To Reset The Global Thermostat,
2010
Suffolk University Law School
Cubing The Kyoto Protocol: Post-Copenhagen Regulatory Reforms To Reset The Global Thermostat, Steven Ferrey
Suffolk University Law School Faculty Works
The Copenhagen Conference of the Parties (COP-15), which took place in December 2009, was intended to set in stone an ambitious global climate change agreement for the post-2012 period, when the Kyoto Protocol expires. It did not succeed, resulting only in a 13-paragraph “political accord” which was not agreed to, but only “noted” because of lack of consensus. The COP-16 in December 2010 in Cancun, Mexico, met a similar, if less contentious, inconclusive end. Every fundamental issue was left unresolved at both disappointing critical Conferences. Left unreformed as an international legal regulatory mechanism, the Kyoto Protocol has no chance of …
Asia's Participation In Global Health Diplomacy And Global Health Governance,
2010
Indiana University Maurer School of Law
Asia's Participation In Global Health Diplomacy And Global Health Governance, David P. Fidler
Articles by Maurer Faculty
This article provides a framework for thinking about Asian approaches to and impact on global health diplomacy and governance that might contribute to more sophisticated analyses on Asia in global health politics, diplomacy, and governance. First, the article examines the "rise of Asia" and "rise of health" as overlapping but unconnected developments in international relations. Second, it analyzes how the shift of power and influence towards Asia, largely caused by China's and India's emergence as great powers; affects global health politics and potential Asian contributions to global health diplomacy and governance in the future. Third, the article looks at normative …
Kenya’S Piracy Prosecutions,
2010
Loyola University Chicago, School of Law
Kenya’S Piracy Prosecutions, James T. Gathii
Faculty Publications & Other Works
No abstract provided.
The Under-Appreciated Jurisprudence Of African Regional Trade Judiciaries,
2010
Loyola University Chicago, School of Law
The Under-Appreciated Jurisprudence Of African Regional Trade Judiciaries, James T. Gathii
Faculty Publications & Other Works
No abstract provided.
African Regional Trade Agreements As Flexible Legal Regimes,
2010
Loyola University Chicago, School of Law
African Regional Trade Agreements As Flexible Legal Regimes, James T. Gathii
Faculty Publications & Other Works
No abstract provided.
The Use Of Force, Freedom Of Commerce, And Double Standards In Prosecuting Pirates In Kenya,
2010
Loyola University Chicago, School of Law
The Use Of Force, Freedom Of Commerce, And Double Standards In Prosecuting Pirates In Kenya, James T. Gathii
Faculty Publications & Other Works
No abstract provided.
The Financial Action Task Force And Global Administrative Law,
2010
Loyola University Chicago, School of Law
The Financial Action Task Force And Global Administrative Law, James T. Gathii
Faculty Publications & Other Works
No abstract provided.
Introduction: Gats And Human Rights,
2010
Loyola University Chicago, School of Law
Introduction: Gats And Human Rights, James T. Gathii
Faculty Publications & Other Works
No abstract provided.
An Escape Route From The Medellin Maze,
2010
Mitchell Hamline School of Law
An Escape Route From The Medellin Maze, Anthony S. Winer
Faculty Scholarship
Many in the United States who follow international law have tracked the course of the Supreme Court's 2008 Medellin case' especially closely, both before and after the Court's issuance of the decision. The case concerned the Vienna Convention on Consular Relations (the "Vienna Convention, "Convention" or "VCCR"), which imposes certain obligations on the authorities of a State Party when they imprison a national of another State Party. Among these duties is the obligation to inform the foreign prisoner that the Convention affords the prisoner the right to communicate, while in prison, with consular officials from the prisoner's home country. Authorities …
The Goals And Objectives Of Law Schools Beyond Educating Students: Research, Capacity Building, Community Service-The National University Of Singapore School Of Law Experience,
2010
Penn State Dickinson Law
The Goals And Objectives Of Law Schools Beyond Educating Students: Research, Capacity Building, Community Service-The National University Of Singapore School Of Law Experience, Cheng-Han Tan
Penn State International Law Review (1982 - 2011)
No abstract provided.
The Executive And The Courts,
2010
Penn State Dickinson Law
The Executive And The Courts, Richard Clayton
Penn State International Law Review (1982 - 2011)
No abstract provided.
Methodological Challenges In Comparative Constitutional Law,
2010
Penn State Dickinson Law
Methodological Challenges In Comparative Constitutional Law, Vicki Jackson
Penn State International Law Review (1982 - 2011)
No abstract provided.
