International Trade Law Commons^™

2016 China Food Law Update, Michael T. Roberts, Ching-Fu Lin

Journal of Food Law & Policy

This update of China food law builds on a unique feature for the Journal of Food Law & Policy that has been provided since the Journal's inception - separate food law updates for both the United States and European Union. "Recognizing the globalness of the modem food system, these updates have served an invaluable role in keeping scholars and practitioners abreast of the world's leading food regulatory systems." China's emergence as a developed, modem food regulatory system with the potential of being a leading food regulatory system makes sense given its position as a world economic powerhouse. China's role in …

Is The Wto Passé?, Kyle Bagwell, Chad P. Bown, Robert W. Staiger

Dartmouth Scholarship

No abstract provided.

Consistently Inconsistent: What Is A Qualifying Investment Under Article 25 Of The Icsid Convention And Why The Debate Must End, Jeremy Marc Exelbert

Fordham Law Review

International investment has helped to pave the way for an increasingly globalized world community. Consequently, the International Centre for Settlement of Investor Disputes (ICSID)—existing under the mandate of the World Bank and with the stated purpose of increasing economic development abroad—has become the leading international arbitration mechanism currently available for settling disputes arising out of such investments. It is unsettling, therefore, that the interpretation of “investment” within article 25 of the ICSID Convention (the provision that determines whether an ICSID tribunal may exercise jurisdiction over a dispute) has given rise to a unique interpretive controversy because the ICSID Convention fails …

Country By Country Reporting And Corporate Privacy: Some Unanswered Questions, Reuven S. Avi-Yonah

Articles

Corporate privacy is an oxymoron. Individuals have a right to privacy, which the Supreme Court has recognized at least since Griswold v. Connecticut (1965). Warren and Brandeis’ famous defense of the right to privacy (1890) clearly applied only to individuals, because only individuals have the kind of feelings that are affected by invasions of privacy. Corporations are legal entities, and the concept of privacy does not apply to them, as the Supreme Court held in 1906. Thus, any objection to making corporate tax returns public cannot rest on the right to privacy. In fact, corporate returns were made public in …

The Intellectual Property Hostage In Trade Retaliation, Sarah R. Wasserman Rajec

Faculty Publications

Intellectual property law has become bound up in a debate about appropriate remedies for violations of the World Trade Organization Agreement. As an alternative to traditional countermeasures that consist of retaliation under the violated agreement, the World Trade Organization ("WTO ") contemplates that violations of one of its covered agreements may be remedied through "cross-retaliation, " or retaliation under another agreement. One form of cross-retaliation has garnered interest in recent years: the threat to suspend intellectual property rights in response to unrelated trade violations

Cross-retaliation through intellectual property rights suspension is theoretically appealing for its potential to avoid problems inherent …

Fallacies In The Current Methods Of Prosecuting International Commercial Bribery, Ira Handa

Cardozo Law Review

The note argues that the current legal framework for prosecuting international commercial bribery is inadequate and inconsistent compared to the robust regime established for international public bribery under the Foreign Corrupt Practices Act (FCPA). It advocates for comprehensive federal legislation specifically addressing international commercial bribery, modeled after the FCPA but tailored to the private sector, to bridge this gap and address the significant harms caused by such bribery.

European Community Law And Institutions In Perspective: Text, Cases And Readings, Josef Rohlik

Georgia Journal of International & Comparative Law

No abstract provided.

The United States, Developing Countries And The Issue Of Intra-Enterprise Agreements, Joel Davidow

Georgia Journal of International & Comparative Law

Antitrust issues have become one of the main concern of the world economy community and the United Nations. For many years, the United Nations Conference on Trade and Development has multiplied the meetings to discuss the relationship between transnational enterprises and international investment and has engaged in reflections on methods to avoid a decline in international investment. However, these meetings failed to resolve the fundamental issue of the impact of international antitrust principles on restrictive arrangements between a foreign parent corporation and its local subsidiary, particularly where that subsidiary is in a developing country. If applied, multinational enterprises would be …

Rethinking Article 422: A Retrospective On Ecuador's 2008 Constitutional Isds Recalibration, Alexander B. Avtgis

Indiana Journal of Constitutional Design

Is Ecuador’s adoption of Article 422 in the 2008 Constitution properly viewed as a “re-statification”1 of Investor State Dispute Settlement (ISDS)? And, since its implementation, has the constitutional article been effective in institutionally insulating Ecuador from the jurisdictional reach of international ISDS? This paper answers both questions in the negative—but qualifies such an outlook by balancing the drawbacks of Article 422 against its successes. Article 422’s provisions, strident in its attempt to create an alternative development vision, did not achieve all that the Constitution’s drafters had hoped. Nevertheless, in its limited effect of detaching Ecuador from certain ISDS fora, it …

The Intellectual Property Hostage In Trade Retaliation, Sarah R. Wasserman Rajec

Maryland Law Review

Intellectual property law has become bound up in a debate about appropriate remedies for violations of the World Trade Organization Agreement. As an alternative to traditional countermeasures that consist of retaliation under the violated agreement, the World Trade Organization “(WTO”) contemplates that violations of one of its covered agreements may be remedied through “cross-retaliation,” or retaliation under another agreement. One form of cross-retaliation has garnered interest in recent years: the threat to suspend intellectual property rights in response to unrelated trade violations.

Cross-retaliation through intellectual property rights suspension is theoretically appealing for its potential to avoid problems inherent in traditional …

International Investment Agreements: Impacts On Climate Change Policies In India, China And Beyond, Lise Johnson, Brooke Güven

Columbia Center on Sustainable Investment Staff Publications

Mitigating and adapting to climate change will require a fundamental reorientation of our global economy as we move away from fossil fuels and transition to a low carbon and climate-resilient world. This reorientation depends on government actions to help catalyze and channel financial flows in new directions and away from business-as-usual practices.

International investment agreements (IIAs) – treaties that now number over 3,000 and have the objective of promoting and protecting cross-border investment flows_could potentially play a key role in these efforts to scale up and (re)direct investments to meet climate change mitigation and adaptation needs. As presently drafted and …

Conference Report: Climate Change And Sustainable Investment In Natural Resources: From Consensus To Action, Columbia Center On Sustainable Investment, Sustainable Development Solutions Network, Sabin Center For Climate Change Law

Columbia Center on Sustainable Investment Staff Publications

The Columbia Center on Sustainable Investment has produced this conference report on CCSI’s Conference on Climate Change and Sustainable Investment in Natural Resources: From Consensus to Action. A shorter outcome document, which was disseminated at COP22, is also available. These documents summarize the discussions at the eleventh annual Columbia International Investment Conference, which took place on November 2-3, 2016, at Columbia University. The Conference offered a high-level opportunity to discuss how countries can reduce their greenhouse gas emissions in accordance with the Paris Agreement, while also advancing the Sustainable Development Goals, and in particular the important implications for the …

The Tpp: Threat Or Treat To China, Henry S. Gao

Research Collection Yong Pung How School Of Law

The conclusion of the TPP has raised many challenges for China, especially on rules issues. This article discusses the possible responses by China, as well as how this may lead to a window of opportunity for mutual cooperation between the US and China.

The International Maritime Law Response To Climate Change: The Quest For The Shipping Industry's 'Fair Share' Of Ghg Emissions Reduction, Aldo Chircop

Articles, Book Chapters, & Popular Press

This paper discusses the role of international shipping in climate change mitigation, i.e., its emerging contribution to reduce carbon emissions in the wake of the Paris Agreement, 2015 and the expectation that the International Maritime Organization (IMO) will orchestrate the industry's contribution. The adoption of appropriate targets and standards is expected to be a particularly difficult task because of the global and transnational nature of the shipping industry and the difficulty in establishing the basis for a fair contribution for this industry. While considerable progress has been achieved in enhancing technical and operational regulations to improve efficiencies and reduce harmful …

The Tpp: Threat Or Treat To China, Henry S. Gao

Research Collection Yong Pung How School Of Law

The conclusion of the TPP has raised many challenges for China, especially on rules issues. This article discusses the possible responses by China, as well as how this may lead to a window of opportunity for mutual cooperation between the US and China.

Tpp, Ceta And Ttip Between Innovation And Consolidation-Resolving Investor-State Disputes Under Mega-Regionals, Stefanie Schacherer

Research Collection Yong Pung How School Of Law

The United States concluded in 2015, the Trans-Pacific Partnership (TPP) agreement with 11 other countries and the European Union (EU) concluded a revised version of the Comprehensive Economic Trade Agreement (CETA) with Canada in 2016. The provisions on investor-state dispute settlement (ISDS) of the two agreements could not be more different. While the TPP sticks to the traditional system of investor-state arbitration, CETA now contains a two-layered court system with pre-elected tribunal members. The present contribution seeks to analyse the convergences and differences between the two first concluded mega-regionals in greater detail with a special focus on the CETA court …

Gcc Vat: The Intra-Gulf Trade Problem, Richard Thompson Ainsworth, Musaad Alwohaibi

Faculty Scholarship

It seems reasonably clear that by January 1, 2018 events will be set in motion for the adoption of a community-wide 5% value added tax (VAT) in the six Member States of the Gulf Cooperation Council (GCC).

The GCC’s Framework VAT document is expected to be published by the end of October 2016. One of the clearest, consistently placed observations is that the Arabian VATs will be destination-based and modeled on a European credit-invoice design. Intra-Gulf business-to-business (B2B) transactions will be effectively zero-rated by the supplier, and the buyer’s VAT will be directed to the destination jurisdiction. It is not …

Trans-Pacific Partnership: Continuity And Breakthroughs In U.S. Investment Treaty Practice, Charles Hendrickson Brower Ii

Law Faculty Research Publications

In October 2015, the United States completed negotiations for the Trans- Pacific Partnership (“TPP”), a free trade agreement among twelve Pacific Rim states.1 According to the White House, TPP will “rewrite the rules of trade,” will include “high standards . . . that . . . upgrade our existing agreements,” and will “have a profound impact on . . . how we invest in the developing world.”2 By contrast, the leading presidential candidates from both parties offer distinctly negative assessments of TPP. Hillary Clinton has opined that TPP does not meet the “very high” bar she would set for producing …

Basel Iii And The Future Of Project Finance Funding, Tianze Ma

Michigan Business & Entrepreneurial Law Review

This paper seeks to analyze the new requirements in the Basel III banking regulatory framework and explore their impact on commercial banks’ project finance portfolio. The paper begins with a general introduction of the Basel Accords, followed by an analysis of the changes in the Basel III requirements and their potential impact on project finance, in particular the effects of the liquidity coverage ratio (LCR) and the net stable funding ratio (NSFR). The paper ends with a discussion of alternative sources of project finance funding that emerged as a result of the new regulatory regime.

Will We Ever Close The Gaap?: A Look Into The International Convergence Of Accounting Standards, Melanie Rosin

Michigan Business & Entrepreneurial Law Review

This Note examines the trend toward the international convergence of accounting standards and then identifies the factors contributing to the process of this trend as well as the obstacles standard setters face in moving to one high quality, unified set of standards. The Note next identifies the possible outcomes for the future of convergence, including the mandatory adoption of International Financial Reporting Standards (IFRS) by the United States, the Securities & Exchange Commission’s (SEC) encouragement of the voluntary of adoption of IFRS by the United States, requiring public companies to comply with both U.S. Generally Accepted Accounting Principles (U.S. GAAP) …