International Trade Law Commons^™

Python Crossing Prohibited: The Interplay Of Ethics, Aesthetics, Regulation, And Industry Transformation In The Luxury Apparel Market, Sophia Mossberg

William & Mary Environmental Law and Policy Review

No abstract provided.

Caught Between A Mark And A Hard Place: Resolving U.S.-Cuban Trademark Disputes In A Post-Embargo World, Mary Grace Griffin

Georgia Journal of Law & Technology

No abstract provided.

R&D Spending And Patenting In The Technology Hardware Sector In Nations With And Without Fair Use, Michael Palmedo

Joint PIJIP/TLS Research Paper Series

This working paper uses two common indicators of innovation to see how the technology hardware sector compares in countries with and without fair use. It illustrates that research and development spending by firms in these industries has been higher in countries with fair use, controlling for other firm- and country-level factors. It then shows more patents have been granted to the technology sector in countries that have adopted fair use, relative to patents granted to firms in the same industries in other countries, controlling for other country-level factors.

Saving The Political Consensus In Favor Of Free Trade, Timothy Meyer

Vanderbilt Law Review

2016 was the year that the political consensus in favor of liberalized international trade collapsed. Today, across the world, voters' belief that international trade agreements lead to economic inequality threatens to derail ratification of the next generation of trade agreements and undo the substantial gains made under existing arrangements. The United States elected Donald Trump president on a platform of rolling back or renegotiating trade agreements. President Trump has moved to fulfill that promise immediately upon taking office by "unsigning" the Trans-Pacific Partnership ("TPP), the most recent major effort to liberalize global trading rules, and initiating efforts to renegotiate the …

Can Wto Law Keep Up With The Internet?, Henry Gao

Research Collection Yong Pung How School Of Law

The regulation of Internet activities presents special challenges to the World Trade Organization (WTO), as its rules were mostly formulated in the pre-Internet era. The first difficulty lies in determining whether Internet activities should be classified as goods or services, as they are subject to different regulatory frameworks. Traditionally, the General Agreement on Tariffs and Trade (GATT) only applies to goods. It was not until the establishment of the WTO in 1995 that services trade was finally brought within the scope of the multilateral trading system. While some activities, such as the online delivery of books and audiovisual products could …

Obligations Versus Rights: Substantive Difference Between Wto And International Investment Law, Chios Carmody

Law Publications

WTO law remains relatively uncontentious whereas international investment law elicits much more debate. This article posits that the differences in reception are attributable to deeper substantive differences about what is protected under each regime. In WTO law what is protected is the sum total of all commitments and concessions under the WTO Agreement, something that can be thought of as a “public” good. When a country injures that good, the remedy is for the country to cease the injury, a requirement that naturally places emphasis on obligation. In international investment law, by contrast, what is protected is individualized to a …

Cinderella Sovereignty, Anna Gelpern

Georgetown Law Faculty Publications and Other Works

Joseph Blocher and Mitu Gulati propose an insightful and thought-provoking critique of the barriers to secession under public international law. The critique an important contribution in its own right. I wish it had not been eclipsed by the authors’ clever and provocative fix: turning sovereignty into a tradable commodity. I suspect that this fix would bring about more suffering than the status quo for two reasons. First, a market for sovereign control is unlikely to be a market in any meaningful sense. Therefore, trading sovereignty would not discipline oppressors. Second, should something like a real market materialize, it could diminish …

The Death Of Opec? The Displacement Of Saudi Arabia As The World's Swing Producer And The Futility Of An Output Freeze, Christopher Hanewald

Indiana Journal of Global Legal Studies

On November 27, 2014, the Organization of Petroleum Exporting Countries met in Vienna and adopted a bold stance against increasing supply from beyond the reach of the cartel. Rather than reduce their own production, the cartel decided to allow market forces to dictate the price of a barrel of oil. By doing this, Saudi Arabia-the de-facto leader of the cartel-made a bet that the burgeoning shale gas industry within the United States would be unable to cope with a sharp fall in the price of oil. Over the course of the following two years, the U.S. energy sector-aided by further …

There’S No Such Thing As A Free Trade (Agreement): The Environmental Costs Of The Trans-Pacific Partnership, Paul Nuñez

University of Miami Inter-American Law Review

The global community is quickly approaching the limits of the carbon budget meant to keep the effects of climate change below 2 degrees Celsius. Yet, the Countries involved in negotiating the Trans-Pacific Partnership only incrementally strengthened the environmental protections contained within the agreement compared to other recent Free Trade Agreements. As with most Free Trade Agreements, the environmental community fears that any beneficial effect from the Trans-Pacific Partnership’s environmental provisions will be more than outweighed by its environmentally destructive consequences. The investor protection provisions are especially concerning to many environmental groups as these protections allow companies to sue governments to …

Irs's Cp-2000 E-Mail Scams - Never In Dubai - Common In Canada & The Uk, Richard Thompson Ainsworth

Faculty Scholarship

On September 22, 2016 the Internal Revenue Service (IRS) and its Security Summit partners issued an alert to taxpayers and tax professionals to be on guard against fake e-mails purporting to contain a tax bill related to the Affordable Care Act. Surprisingly, this e-mail scam works. It really should not.

Modern technology is facilitating many contemporary tax scams. In recent years the US has seen false (refund) return scams, phone scammers impersonation IRS agents, and now e-mail scams with fraudulent CP-2000 notices attached to a demand for payment. The same phone and e-mail frauds have appeared in both Canada and …

Blockchain, Bitcoin, And Vat In The Gcc: The Missing Trader Example, Richard Thompson Ainsworth, Musaad Alwohaibi

Faculty Scholarship

Blockchain is coming to tax administration and will cause fundamental change. This article considers the potential for blockchain technology as it applies to the introduction of a value added tax in the Gulf Cooperation Council.

Blockchain technology disrupts centralized ledgers. Blockchain improves efficiency, security and transparency. Perhaps no centralized ledger system presents more challenges than that of the modern tax administration. The central data storage system of a modern tax authority contains all return, payment, and audit activity for all taxpayers arranged tax-by-tax for three years or longer periods of time.

It is likely that blockchain will come first to …

The New Era Of Doing Business With Iran: Iran’S International Commercial Transactions And Global Security, John Changiz Vafai

Pace International Law Review

On January 17, 2016, in a statement following his signing of the Joint Comprehensive Plan of Action (JCPOA) with Iran, President Obama addressed that country’s people, stating that “yours is a great civilization, with a vibrant culture that has so much to contribute to the world – in commerce, and in science and the arts.” While the former U.S. President’s evaluation of the Iranian people’s greatness is indisputable, there are questions concerning doing business with Iran which transcend conventional legal issues and commercial problems.

Given the juxtaposition of Iran’s duopolistic government structure and ideologically oriented decision-making processes, questions arise as …

Trump & Vat: Nafta, Trade Barriers, And Retaliatory Tariffs, Richard Thompson Ainsworth

Faculty Scholarship

During the first presidential debate President-elect Donald J. Trump argued that the value added tax (VAT) operated as a trade barrier to American business everywhere. He particularly pointed to the North American Free Trade Agreement (NAFTA). Mexico was a special concern. China was also a concern, but in this instance Trump was troubled both by China’s VAT and by China’s alleged currency manipulation.

This paper can only consider the VAT aspect of Trump’s trade policy. There appears to be some confusion about the operation of the VAT, particularly the border adjustment mechanism, and how US tariffs could “level the playing …

Annals Of International Studies (Annales D'9tudes Internationales)., Josef Rohlik

Georgia Journal of International & Comparative Law

No abstract provided.

European Economic Community-Community Law-National Economic Measures-In The Economic Sectors Governed By A Common Market Organization, Especially When Such An Organization Rests On A Common Pricing System, The Member States May Not Intervene Unilaterally By Means Of Internal Provisions In The Process Of Price Formation Determined By The Common Organization, Harold L. Hooks Jr

Georgia Journal of International & Comparative Law

No abstract provided.

European Economic Community-Free Movement Of Goods-Legislation Of A Member State, Reserving Certain Wine Appellations For Domestic Products Only, Has An Effect Equivalent To Prohibited Quantitative Restrictions If Such Appellations Do Not Describe Wine Products Which Possess Qualities And Characteristics Attributable To Their Geographic Origin, Julie M. Clifford

Georgia Journal of International & Comparative Law

No abstract provided.

International Commodity Agreements, Kenneth Klein

Georgia Journal of International & Comparative Law

No abstract provided.

International Cooperation And Organizational Identities: The Evolution Of The Asean Investment Regime, Sungjoon Cho, Jürgen Kurtz

All Faculty Scholarship

This article first conceptualizes the ASEAN Investment Regime (AIR) as an Interstate Cooperative Regime (ICR), defined as a stable interstate cooperative nexus on a particular regulative subject, comprising the regulation of foreign investment in this particular case. It then seeks to explain the evolution of AIR in terms of its identity formation. In doing so, this article employs three ideal types of cultural logic - Hobbesian, Lockean and Kantian - across each stage of AIR’s evolution, largely overlapping with the three main IR theories of neorealism, neoliberal institutionalism and constructivism, respectively. Using those models, we find a clear evolutionary pathway …

China: Rule-Taker, Rule-Shaker Or Rule-Maker?, Singapore Management University

Research@SMU: Connecting the Dots

Despite its ascent on the world stage, Professor Henry Gao’s research shows that China may prefer to keep a low profile in global organisations.

See his papers:

• Selected issues in TPP negotiations and implications for China
• China's ascent in global trade governance: From rule taker to rule shaker and, maybe rule maker?
• Saving the WTO from the risk of irrelevance

The Defend Trade Secrets Act: Why Interpreting The New Law On Its Own Terms Promotes Uniformity, Patrick Ruelle

Marquette Intellectual Property Law Review

Trade secrets, a category of intellectual property recognized at state and federal law, are integral parts of many corporations’ intellectual property portfolios. A trade secret is a type of intellectual property that is not disclosed by its owner, and is therefore unlike patents, trademarks, or copyrights—all types of information that are disclosed to the public. As a result, trade secrets may represent a viable alternative to patents and copyrights since its value is derived from its secrecy.

In the United States, the laws governing trade secrets have typically been the offspring of the state common law. As each state developed …