From Territorial To Monetary Sovereignty,
2017
Columbia Law School
From Territorial To Monetary Sovereignty, Katharina Pistor
Faculty Scholarship
State sovereignty is closely intertwined with, but not limited to, control over territory and people. It has long been recognized that control over monetary affairs is a critical part of genuine sovereignty. In this Article, I go a step further and argue that the relevance and importance of territorial versus monetary sovereignty has shifted in favor of the latter. This shift goes hand in hand with the rise of credit-based financial systems. Such systems depend, in the last instance, on backstopping by an entity with control over its own money supply and no binding survival constraints. Only states with monetary …
Paris, Panels, And Protectionism: Matching Us Rhetoric With Reality To Save The Planet,
2017
Vanderbilt University Law School
Paris, Panels, And Protectionism: Matching Us Rhetoric With Reality To Save The Planet, Abbey Stemler, Scott Shackelford, Eric Richards
Vanderbilt Journal of Entertainment & Technology Law
US rhetoric has not matched reality in the free trade or sustainability contexts, as may be seen by the ongoing debates surrounding a range of behaviors that violate international trade rules. The US government's failure to adhere to the rules that it was instrumental in crafting sets a particularly troubling precedent. These trade distortions reduce trust and respect among countries and undermine efforts to combat climate change. Simultaneously, we are witnessing a growing preference for "minilateral" agreements, as may be seen in the Obama Administration's push for the Trans-Pacific Partnership and US-EU Trade Pact. This trend is likely to continue …
Transparency Evolution: More Than The Right To Know,
2017
Allard School of Law at the University of British Columbia
Transparency Evolution: More Than The Right To Know, Ljiljana Biuković, Pitman B. Potter
All Faculty Publications
Providing an analysis of global regulation and the impact of international organizations on domestic laws, this collection grew out of a central objective to explore methods of domestic engagement with international trade and human rights norms, and the inherent difficulties in establishing balanced links between these two international law regimes. The common thread of the papers in this collection is a focus on the application of socio-legal normative paradigms in building knowledge and policy support for coordinating local performance with international trade and human rights standards in ways that are mutually sustaining.
The Road Not Taken: A Comparison Of The E.U. And U.S. Insider Trading Prohibitions,
2017
Pacific McGeorge School of Law
The Road Not Taken: A Comparison Of The E.U. And U.S. Insider Trading Prohibitions, Franklin A. Gevurtz
McGeorge School of Law Scholarly Articles
This essay, written for a symposium on insider trading in the Washington University Journal of Law and Policy, explores the different paths taken by the United States and the European Union with respect to who is subject to the prohibition on insider trading. After providing an overview of the difference between the U.S. and the E.U. prohibition, the essay explores the different outcomes that would occur under U.S. versus E.U. law in several high profile insider trading cases of recent years. The essay also addresses the jurisdictional reach of each regime’s prohibition and considers the normative lessons of this …
Revisiting The Economic Community Of West African States: A Socio-Legal Analysis,
2017
Dalhousie University Schulich School of Law
Revisiting The Economic Community Of West African States: A Socio-Legal Analysis, Olabisi D. Akinkugbe
Articles, Book Chapters, & Popular Press
Recent years have seen a growing scholarly interest in the conditions of emergence of regional trade agreements in Africa. These analyses have advanced our knowledge on a range of technical issues, from specific institutional transformation of regional economic communities such as the Economic Community of West African States (ECOWAS) to broad legal issues relating to the provisions of the regional trade agreements. Most literature on ECOWAS is, however, informed by legal formalism that interprets the text of the treaties strictly and without context, leading to a dominant interpretation of failure.
By contrast, this thesis adopts a socio-legal approach and argues …
Background: Towards A Critical Assessment Of Canadian-Nigerian Bilateral Relations,
2017
Dalhousie University Schulich School of Law
Background: Towards A Critical Assessment Of Canadian-Nigerian Bilateral Relations, Olabisi D. Akinkugbe
Articles, Book Chapters, & Popular Press
Although the diplomatic relations between Canada and Nigeria is almost six decades old, the nature of this bilateral relationship has not been the subject of rigorous academic research. While a recent body of research by international relations scholars has taken up the broad critical study of Canadian-African relations, a significant gap exists with respect to studies that focus on the context of Canada’s engagement with individual African countries. Against this background, this paper briefly examines the bilateral trade and investment engagements between Nigeria and Canada. The modest aim is to highlight the existing framework that guides the relations of both …
The Investment Protection Chapter Of The Eu-Singapore Free Trade Agreement: A Model For The Post-Brexit Uk Iias,
2017
Singapore Management University
The Investment Protection Chapter Of The Eu-Singapore Free Trade Agreement: A Model For The Post-Brexit Uk Iias, Siraj Shaik Aziz
Research Collection Yong Pung How School Of Law
The impending British exit (Brexit) from the European Union has placed the UK's investment policy at a crossroads. A post-Brexit UK will now have to reorganise its investment relationships with its economic partners through bespoke UK IIAs. This exercise will have to accommodate the shifting Zeitgeist concerning the balance of investors' rights and the right to regulate IIAs that is expected. This paper examines the continued relevance of the recently minted Investment Protection Chapter in the EU-Singapore Free Trade Agreement, acknowledged by Britain's power brokers, as a persuasive model for the UK to emulate for this purpose. This is notwithstanding …
The Black Hole Problem In Commercial Boilerplate,
2017
New York University School of Law
The Black Hole Problem In Commercial Boilerplate, Stephen J. Choi, G. Mitu Gulati, Robert E. Scott
Faculty Scholarship
Rote use of a standard form contract term can erode its meaning, a phenomenon made worse when the process of encrustation introduces various formulations of the term. The foregoing process, when it occurs, weakens the communicative properties of boilerplate terms, leading some terms to lose much, if not all, meaning. In theory, if a clause is completely emptied of meaning through this process it can create a contractual “black hole.” The more frequent and thus potentially more pervasive problem arises when, as the term loses meaning, random variations in language appear and persist, resulting in what we term a “grey …
Free Markets, State Involvement, And The Wto: Chinese State Owned Enterprises (Soes) In The Ring,
2017
Columbia Law School
Free Markets, State Involvement, And The Wto: Chinese State Owned Enterprises (Soes) In The Ring, Petros C. Mavroidis, Merit E. Jano
Faculty Scholarship
The WTO has struggled with the treatment of nonmarket economies (NMEs). What was a nonissue in the original GATT (because of the homogeneity of participants) became quite an issue with the accession of formally centrally planned economies, which were not transformed to market economies, at least not in the eyes of the incumbents. Contracting this issue has proved to be so far always wanting, and leaving it to adjudicators has not produced good results either. With respect to Chinese SOEs this risks continuing to be an issue, since the contractually agreed deadline (2016) after which China should not be treated …
Trade Agreements, Regulatory Sovereignty And Democratic Legitimacy,
2017
Columbia Law School
Trade Agreements, Regulatory Sovereignty And Democratic Legitimacy, Bernard Hoekman, Charles F. Sabel
Faculty Scholarship
Governments increasingly are seeking to use bilateral and regional trade agreements to reduce the cost-increasing effects of differences in product market regulation. They also pursue regulatory cooperation independent of trade agreements. It is important to understand what is being done through bilateral or plurilateral mechanisms to address regulatory differences, and to identify what, if any, role trade agreements can play in supporting international regulatory cooperation. This paper reflects on experience to date in regulatory cooperation and the provisions of recent trade agreements involving advanced economies that have included regulatory cooperation. We argue for a re-thinking by trade officials of the …
Saving The Political Consensus In Favor Of Free Trade,
2017
Duke Law School
Saving The Political Consensus In Favor Of Free Trade, Timothy Meyer
Faculty Scholarship
No abstract provided.
Economic Integration: Formation Of The Economic Organization Of West African States, A Customs Union And Free Trade Area For Regional Development,
2016
University of Georgia School of Law
Economic Integration: Formation Of The Economic Organization Of West African States, A Customs Union And Free Trade Area For Regional Development, Andrew H. Ernst
Georgia Journal of International & Comparative Law
No abstract provided.
Trade, Most-Favored-Nation Status: The 1975 Agreement With Romania On Trade Relations,
2016
University of Georgia School of Law
Trade, Most-Favored-Nation Status: The 1975 Agreement With Romania On Trade Relations, Thad W. Simons Jr.
Georgia Journal of International & Comparative Law
No abstract provided.
Application Of Law By The Maritime Arbitration Commission In Settling Disputes,
2016
University of Georgia School of Law
Application Of Law By The Maritime Arbitration Commission In Settling Disputes, Sergei N. Lebedev
Georgia Journal of International & Comparative Law
No abstract provided.
Maintenance Of Value In The General Account And Valuation Of The Sdr In The Special Drawing Account Of The Imf,
2016
International Monetary Fund
Maintenance Of Value In The General Account And Valuation Of The Sdr In The Special Drawing Account Of The Imf, Robert C. Effros
Georgia Journal of International & Comparative Law
No abstract provided.
The European Company,
2016
Erasmus University
The European Company, Pieter Sanders
Georgia Journal of International & Comparative Law
No abstract provided.
Contents,
2016
University of Georgia School of Law
Co-Developing Drugs With Indigenous Communities: Lessons From Peruvian Law And The Ayahuasca Patent Dispute,
2016
Concordia University, Wisconsin
Co-Developing Drugs With Indigenous Communities: Lessons From Peruvian Law And The Ayahuasca Patent Dispute, Daniel S. Sem
Richmond Journal of Law & Technology
This paper will examine the issues surrounding the codevelopment of drugs derived from traditional medicines used by indigenous peoples in Amazonia, with a focus on Peru. In particular, this paper will explore what national, regional and international legal structures are in place to protect the interests of indigenous peoples, while at the same time providing medical benefit to the world. This issue is explored in the context of Peruvian, U.S., and international treaties – especially the TRIPS agreement, the Andean Community, sui generis protections, and the US-Peru Trade Promotion Agreement.
Beyond Trade Deals: Charting A Post-Brexit Course For Uk Investment Treaties,
2016
Columbia Law School, Columbia Center on Sustainable Investment
Beyond Trade Deals: Charting A Post-Brexit Course For Uk Investment Treaties, Lise Johnson, Lorenzo Cotula
Columbia Center on Sustainable Investment Staff Publications
The Brexit referendum has raised questions about the future terms of the United Kingdom’s engagement with the world economy. While a debate over the UK’s future approach to trade deals has already begun, a similar discussion has yet to develop on the treaties that govern foreign investment. As this briefing note by Lorenzo Cotula of the International Institute for Environment and Development, and Lise Johnson of CCSI highlights, the stakes are high: ill-designed treaties could leave the UK excessively exposed to legal claims by foreign companies and could fail to address relevant economic, social and environmental challenges. While meaningful negotiations …
Moving Towards Harmonization Of The Food Safety Standards: Role Of The Tpp And Ttip Agreements,
2016
University of Arkansas, Fayetteville
Moving Towards Harmonization Of The Food Safety Standards: Role Of The Tpp And Ttip Agreements, Ksenia A. Petrovets
Journal of Food Law & Policy
We are now less dependent on locally available food resources that we have ever been. The continuing industrialization of food production, the advancement in technologies and the rapid development of supply chains granted us the luxury of immediate access to a variety of products originating from local supermarkets all over the world. This, along with the greater level of food production industrialization, inevitably comes the rise of related food safety risks. Because of the enlargement of producing operations, an emerging safety threat in one place may result in a foodborne illness outbreak thousands of miles away from its place of …
