International Trade Law Commons^™

Against Populist Isolationism: New Asian Regionalism And Global South Powers In International Economic Law, Pasha L. Hsieh

Research Collection Yong Pung How School Of Law

This article provides the most up-to-date examination of the Regional Comprehensive Economic Partnership (RCEP), which is poised to become the world’s largest free trade agreement (FTA). It argues that the 16-country mega-FTA will galvanize the paradigm shift in Asian regionalism and build a normative foundation for the Global South in international economic law. Based on intertwined theoretical and substantive claims, this article opens an inquiry into the assertive legalism of developing nations in the new regional economic order. It further manifests the pivotal force of emerging economies against populist isolationism in the Trump era that undermines the neoliberal foundation of …

Arms And The Man: Strategic Trade Control Challenges Of 3d Printing, Arjun Banerjee

International Journal of Nuclear Security

3D printing is on the verge of confronting Customs and other security agencies with a whole new set of mind-boggling problems. With the tremendous reach of the Internet worldwide, virtual blueprints to weapon parts, components and accessories of drones, narcotic drugs and psychoactive substances, all strategic trade items, as well as other restricted items such as pornographic material, can be proliferated and printed out swiftly by any individual or organization with access to a 3D printer. Intellectual Property Rights are also endangered by these machines. Technology is forever outpacing fast antiquating legal institutions, and security systems, which require revamping to …

Multilateral Economic Institutions And U.S. Foreign Policy: Hearing Before The Subcomm. On Multilateral Int'l Dev., Multilateral Insts., & Int'l Econ., Energy, & Envtl. Pol'y Of The S. Comm. On Foreign Relations, 115th Cong., Nov. 27, 2018 (Statement Of Jennifer A. Hillman), Jennifer A. Hillman

Testimony Before Congress

Virtually every major international gathering of world leaders recently has ended in failure—or at least failure to reach enough agreement to issue a concluding statement or communique. These failures come at a time when many have been looking for signs that world leaders would come together to address the most pressing problems facing the world—including climate change, the breakdown in the rules of the international trading system, the need everywhere for good jobs that pay a living wage, and rapidly growing income inequality.

The failure of these meetings to produce formal agreements—or even specific paths to reaching agreements in the …

Remote Control: Treaty Requirements For Regulatory Procedures, Paul Mertenskotter, Richard B. Stewart

Cornell Law Review

Modern trade agreements have come to include many and varied obligations for domestic regulation and administration. These treaty-based commitments aim primarily to improve the freedom of firms to operate in the global economy by aligning the ways in which governments regulate markets and private actors engage governments through administrative law. They therefore strike at the core of how economies are ordered and entail important distributional questions. An increasingly prevalent and diverse—but hitherto largely neglected—type of treaty obligation prescribes specific procedures for domestic administrative decision-making. This Article frames such requirements as tools of powerful states to control regulatory decision-making by government …

Global Investment Rules As A Site For Moral Inquiry, Steven R. Ratner

Articles

The legal regime regulating cross-border investment gives key rights to foreign investors and places significant duties on states hosting that investment. It also raises distinctive moral questions due to its potential to constrain a state’s ability to manage its economy and protect its people. Yet international investment law remains virtually untouched as a subject of philosophical inquiry. The questions of international political morality surrounding investment rules can be mapped through the lens of two critiques of the law – that it systemically takes advantage of the global South and that it constrains the policy choices of states hosting investment. Each …

Against Populist Isolationism: New Asian Regionalism And Global South Powers In International Economic Law, Pasha L. Hsieh

Cornell International Law Journal

This Article provides the most up-to-date examination of the Regional Comprehensive Economic Partnership (RCEP), which is poised to become the world’s largest free trade agreement (FTA). It argues that the 16-country mega-FTA will galvanize the paradigm shift in Asian regionalism and build a normative foundation for the Global South in international economic law. Based on intertwined theoretical and substantive claims, this Article opens an inquiry into the assertive legalism of developing nations in the new regional economic order. It further manifests the pivotal force of emerging economies against populist isolationism in the Trump era that undermines the neoliberal foundation of …

The User Rights Database: Measuring The Impact Of Opening Copyright Exceptions, Sean Flynn, Michael Palmedo

Joint PIJIP/TLS Research Paper Series

International and domestic copyright law reform around the world is increasingly focused on how copyright exceptions — a.k.a. “user rights” —should be expanded to promote maximum innovation, creativity, and access to knowledge in the digital age. These efforts are guided by a relatively rich theoretical literature. However, few empirical studies explore the social and economic impact of expanding user rights in the digital era. One reason for this gap has been the absence of a tool measuring the key independent variable – changes in copyright user rights over time and between countries. We are developing such a tool, which we …

Tpp, Rcep And The Future Of Copyright Norm-Setting In The Asian Pacific, Peter K. Yu

Faculty Scholarship

The past decade has seen two mega-regional intellectual property norm-setting exercises focusing on countries in the Asian Pacific region: the Trans-Pacific Partnership (TPP) and the Regional Comprehensive Economic Partnership (RCEP). Taken together, these two mega-regional norm-setting exercises will have unlimited potential to shape future copyright norms in the Asian Pacific region.

For countries involved in either the TPP or RCEP negotiations, legal obligations concerning new protection and enforcement standards will have to be incorporated into domestic law once the applicable agreement enters into force. These standards can be quite burdensome, as they often exceed what is currently required by the …

Transparency In Corporate Groups, Jay Lawrence Westbrook

Brooklyn Journal of Corporate, Financial & Commercial Law

This Article addresses a remarkable blind spot in American law: the failure to apply the well-established principles of secured credit to prevent inefficiency, confusion, and fraud in the manipulation of the webs of subsidiaries within corporate groups. In particular, “asset partitioning” has been a fashionable subject in which the central problem of non-transparency has been often mentioned but little addressed. This Article offers a concept for a new system of corporate disclosure for the benefit of creditors and other stakeholders. It would require disclosure of corporate structures and allocations of assets among affiliates to the extent the affiliates are to …

Infringement, Unbound, Sarah R. Wasserman Rajec

Faculty Publications

No abstract provided.

Commercial And Legal Aspects Of Transfer Of Players In European Football, Sh. Khodjimurodov

Review of law sciences

It is important to discuss the transferring of player in football industry since it is one of the core part to flourishing football business in Europe. The article aims to make a clear picture of football business in Europe, which consists of many financial factors, relationships between football and their supporters, rise of many competitions and leagues and most importantly about the players and their transfers. Transfer of players is also a key for the smooth development of football business. Furthermore, branding of the players adds value to them as well as their clubs and makes them the star players. …

Commercial And Legal Aspects Of Transfer Of Players In European Football, Sh. Khodjimurodov

Review of law sciences

It is important to discuss the transferring of player in football industry since it is one of the core part to flourishing football business in Europe. The article aims to make a clear picture of football business in Europe, which consists of many financial factors, relationships between football and their supporters, rise of many competitions and leagues and most importantly about the players and their transfers. Transfer of players is also a key for the smooth development of football business. Furthermore, branding of the players adds value to them as well as their clubs and makes them the star players. …

Moving Beyond The Wto: A Proposal To Adjudicate Gmo Disputes In An International Environmental Court, Marguerite A. Hutchinson

San Diego International Law Journal

This Article begins with a brief summary of the scientific basis of creating GMOs and its historic precursors. The second section provides an overview of risks to humans and the environment. The third part of this Article analyzes the arguments put forward by both the United States and the E.U., which have defined the conflict between blocs of countries pushing GMOs abroad and those who persistently reject them. The fourth section evaluates the respective regulatory schemes imposed on GMOs by the United States and Europe, domestically and by international treaty. The success of these systems is evaluated in the fifth …

Outcome Report Of Roundtable On International Investment Regime And Access To Justice, Michelle Chan, Kanika Gupta, Jesse Coleman, Kaitlin Y. Cordes, Lise Johnson

Columbia Center on Sustainable Investment Staff Publications

On October 18, 2017, the UN Working Group on Business and Human Rights and the CCSI co-hosted a one-day roundtable on the impacts of the international investment regime on access to justice for investment-affected individuals and communities.

Held at Columbia University in New York, the roundtable brought together 32 individuals from civil society organizations, communities affected by investments at the heart of investor-state claims, governments, academia, donor organizations, UN mandate holders, and other stakeholder groups. The roundtable provided an opportunity for participants to: (i) explore and assess the specific impacts of international investment agreements and investor-state dispute settlement on access …

The Embedded Liberalism Compromise In The Making Of The Gatt And Uruguay Round Agreements, Meredith Kolsky Lewis

Contributions to Books

Published as Chapter 2 in The Future of International Economic Integration: The Embedded Liberalism Compromise Revisited, Gillian Moon & Lisa Toohey, eds.

Asean Financial Integration And The Belt And Road Initiative: Legal Challenges And Opportunities For China In Southeast Asia, Christopher C. H. Chen

Research Collection Yong Pung How School Of Law

This chapter explores the legal challenges to Chinese financial institutions in Southeast Asia against the backdrop of China’s grand ‘Belt and Road Initiative’ (BRI) and the establishment of the Association of Southeast Asian Nations (ASEAN) Economic Community. Banking and finance play important roles in promoting trade, investment and infrastructure projects. The development of ASEAN, an immense economic bloc located immediately south of China, will have an enormous effect on the BRI strategy. This chapter outlines the current development of financial integration within ASEAN with respect to the bloc’s banking and insurance sectors. It also considers the legal obstacles and potential …

Mediation For Indonesian Tax Disputes: Is It Potential Alternative Strategy For Resolving Indonesian Tax Disputes?, Khoirul Hidayah, Suhariningsih Suhariningsih, Istislam Istislam

Indonesia Law Review

Tax dispute resolution in Indonesia has not yet met the principles of quick, simple, and economical. Taxpayers have to wait more than 3 years for the lawful certainty. This paper elaborates the potential strategy in resolving the tax dispute in Indonesia through administrative law. OECD has suggested taxpayers and revenue body to build positive connection through the changing of confrontation to the collaborative relationship. Mediation is a solution to encourage this positive bond in solving the dispute. It is successfully implemented in Australia. The similar way is strongly recommended for the Indonesian Government to develop a good relationship between taxpayers …

Emerging Balinese Franchised City Hotels In Legal Contexts: Toward Model Provisions Of Local Government Regulation And A Self-Regulation Framework, Ni Ketut Supasti Dharmawan, Made Suksma Prinjandhini Salain, Benjamin Hallewell

Indonesia Law Review

The existence of traditionally managed Balinese city hotels is increasingly threatened by the presence of chain hotels, which are internationally managed with an excellent standard of hotel hospitality. In a commercial context, franchised hotels benefit the franchisor, franchisee, and consumers in terms of the quality of hotel standardization and reputation. Still, such hotels remain incomparable to the Balinese city hotels managed traditionally by family owners. In the legal context, the emergence of various types of modern franchised city hotels in Bali is influenced by suitable laws and policies, such as the World Trade Organization (WTO) Agreement with one of its …

Between Power Politics And International Economic Law: Asian Regionalism, The Trans-Pacific Partnership And U.S.-China Trade Relations, Jiangyu Wang

Pace International Law Review

This Article examines the interactions of power politics and international economic law in the development of regionalism in Asia, particularly in the context of United States-China trade relations. It argues that the process of regional economic integration in Asia has been slow-moving because of the politicization of regionalism by power rivalries. China’s initial regional integration initiatives apparently ignored the United States, a superpower which has always been a major player in Asia and an indispensable part of the region’s economic process. The United States-led Trans-Pacific Partnership was allegedly designed to exclude China, Asia’s largest economy. On the other hand, the …

Cisg Article 79: Exemption Of Performance, And Adaptation Of Contract Through Interpretation Of Reasonableness－Full Of Sound And Fury, But Signifying Something, Yasutoshi Ishida

Pace International Law Review

Article 79 of the CISG provides that “[a] party is not liable for a failure to perform any of his obligations” if the party has encountered a certain impediment defined therein. It was once depicted as “the Convention’s least successful part of the half-century of work.” It has been thirty years since the CISG took effect. However, the interpretation of Article 79 is as old and unsuccessful as ever. For one thing, it has long been interpreted against our intuition, not to exempt a party from specific performance claims. For another, the controversy has long continued unsettled over whether a …