International Trade Law Commons^™

How May China Respond To The U.S. Trade Approach? Retaliatory, Inclusive And Regulatory Responses, Heng Wang

Research Collection Yong Pung How School Of Law

This paper endeavours to conceptualize and provide an analytical framework for China’s response to U.S. trade policy. It analyses the following questions: what is the new U.S. trade approach? How might China respond to the United States’ trade approach? What are the trend and implications of China’s response to the U.S. trade approach? It argues, first, that the U.S. trade approach has not changed regarding most of the U.S.-style regulatory disciplines. However, it has changed in terms of the shift toward managed trade, unilateralism and trade enforcement. Second, China will likely adopt a three-track approach: consisting of retaliatory, inclusive and …

Global Reform Of Investor-State Arbitration: A Tentative Roadmap Of China’S Emergent Equilibrium, Mark Mclaughlin

Research Collection Yong Pung How School Of Law

Investor-State arbitration is in a state of flux. In recent years, doubts about its adequacy have become apparent: questions of coherence, consistency, legitimacy, and utility have rendered fragile the central place of investor-State arbitration in global foreign direct investment (FDI) governance. Three threads of reform have been advanced as a corrective to these deficiencies, encompassing incremental reform, institutional reform, and fundamental reform. China is perhaps the most influential nation not to have declared a preference for one future or another. For over a decade, the Chinese approach to investor-State arbitration has been in a state of disequilibrium: bilateral investment treaties …

Trading Goods For Bad: Is Public Policy Undermined By Investor State Dispute Mechanisms?, Michelle C. Perez

University of Miami Inter-American Law Review

No abstract provided.

Transfer Mispricing In Africa: Contextual Issues, Edna Kabala, Manenga Ndulo

Southern African Journal of Policy and Development

Transfer pricing is a significant tax issue and lies at the core of international trade and globalisation. This brief raises contextual issues and challenges surrounding the experience of transfer mispricing in Africa. The brief comes at a time when African countries have consistently exhibited high real Gross Domestic Product (GDP) growth rates in the past two decades, and increased FDI inflows and technological upgrades have aided their high participation in global trade. Despite the profitability of MNEs operations in Africa, the investing firms are paying less in terms of tax. This has created a problem for African countries to raise …

Keynote Address To The Atlas Conference: “International Business Disputes In An Era Of Receding Globalism”, Lord Peter H. Goldsmith Qc, Pc

Georgia State University Law Review

This is a transcript of the luncheon keynote address by Lord Peter Goldsmith at the Sixth Annual Conference of the Atlanta International Arbitration Society (AtlAS) on October 23, 2017.

Lord Peter Goldsmith QC, PC, is London Co-Managing Partner and Chair of European and Asian Litigation at Debevoise & Plimpton LLP. He joined the firm after serving as the UK’s Attorney General from 2001-2007, prior to which he was in private practice as one of the leading barristers in London.

Lord Goldsmith has a long practice in arbitration and in the interface between arbitration and litigation. He appears as counsel for …

China's Anti-Corruption Crackdown And The Foreign Corrupt Practices Act, Daniel C.K. Chow

Texas A&M Law Review

China’s highly publicized crackdown on corruption may affect the type and number of cases in China that arise under the Foreign Corrupt Practices Act (“FCPA”), but it should not be assumed that the crackdown will necessarily lead to fewer FCPA prosecutions. Although there is some overlap of the goals of China’s corruption crackdown and the goals of the FCPA, China’s crackdown also serves important goals of the ruling Communist Party. The main goal of the current crackdown is to reinforce the Party’s power by targeting enemies and rivals of the current leadership. The crackdown is not aimed at prohibiting bribes …

Us China Trade Dispute Over Intellectual Property, Mozi Luo

Master's Projects

How have Section 301 investigations impacted trade relations between China and the U.S. in clean energy area, and between Japan and the U.S. in semiconductor and auto part areas, and does the impact provide a guide for the possible outcome of the upcoming Section 301 investigation of China?

After President Donald Trump’s memorandum on August 14, 2017 stating that China’s behavior regarding intellectual property rights (IPR) and the high technology industries adversely influences the U.S. economy, the United States Trade Representative (USTR) declared the initiation of a section 301 investigation of China on the topic of technology transfer and intellectual …

Ukraine And The Evaporating Hyphen Of Market-Democracy, Monica Eppinger

All Faculty Scholarship

This post is part of the series Lessons for Liberalism from the “Illiberal East”

Information wars, fake news, kompromat: surprised Ukrainians have found their lexicon for foreign interference spread as loan-words across a putative new Cold War. Narratives of hegemony long familiar in Ukraine have metastasized, and their protagonists—troll hordes, political technologists, the Paul Manaforts and Victoria Nulands—have been set loose far beyond Ukrainian borders. For those who are anxious that liberalism is stumbling into traps laid by foreign intelligence, stuck trading off with fascism and socialism or otherwise in crisis, Ukraine’s recent history …

The Environment And Nafta Policy Debate Redux: Separating Rhetoric From Reality, Linda J. Allen

William & Mary Environmental Law and Policy Review

No abstract provided.

Does The United States Still Care About Complying With Its Wto Obligations?, Reuven S. Avi-Yonah

Articles

The Tax Cuts and Jobs Act of 2017 (“TCJA”) contains a provision that on its face appears to be a blatant violation of the WTO’s Subsidies and Countervailing Measures (SCM) rules. New IRC section 250 applies a reduced 13.125% tax rate to “foreign derived intangible income” (FDII), which is defined as income derived in connection with (1) property that is sold by the taxpayer to any foreign person for a foreign use or (2) services to any foreign person or with respect to foreign property. In other words, this category comprises exports for property and services, including royalties from the …

The Applicability Of Economic Sanctions To The Merits In International Arbitration Proceedings: With A Focus On The Dynamics Between Public International Law Principles, Private International Law Rules And International Arbitration Theories, Taejoon Ahn

Pepperdine Dispute Resolution Law Journal

No abstract provided.

Consumer Arbitrations In The European Union, Andreas Von Goldbeck

Pepperdine Dispute Resolution Law Journal

The main argument of this paper is that the law should generally enforce pre-dispute consumer arbitration clauses. If the consumer is given a choice between litigation and arbitration at the time of contracting and she chooses arbitration, that choice should generally be enforceable, provided appropriate safeguards are in place guaranteeing access to justice. Consumer protection comes at a cost, which the consumer ultimately pays in the price of the product or service purchased: assuming arbitration is the more cost-efficient dispute-resolution mechanism, consumers choosing arbitration would, in theory, pay a lower price than those choosing litigation. The blanket hostility towards pre-dispute …

Keep Calm And Negotiate On: The United Kingdom’S Withdrawal From The European Union And Suggestions For A Smooth Departure, Aryanah Yasmine Eghbal

Pepperdine Dispute Resolution Law Journal

This article will attempt to both examine the ramifications of the UK’s decision to leave the EU, as well as determine a path to begin the process of renegotiating trade deals with the EU and other countries throughout the world. Part I will begin by providing a brief historical overview of the formation of the EU and a focus on how and when the UK joined the EU. Part II will present the stages of leaving the EU, specifically introducing Article 50 and how it is used. Part III will provide an understanding of what trade deals are, how they …

“Private” Cybersecurity Standards? Cyberspace Governance, Multistakeholderism, And The (Ir)Relevance Of The Tbt Regime, Shin-Yi Peng

Cornell International Law Journal

We are now living in a hyper-connected world, with a myriad of devices continuously linked to the Internet. Our growing dependence on such devices exposes us to a variety of cybersecurity threats. This ever-increasing connectivity means that vulnerabilities can be introduced at any phase of the software development cycle. Cybersecurity risk management, therefore, is more important than ever to governments at all developmental stages as well as to companies of all sizes and across all sectors. The awareness of cybersecurity threats affects the importance placed on the use of standards and certification as an approach.

China’S Artificial Island Building Campaign In The South China Sea: Implications For The Reform Of The United Nations Convention On The Law Of The Sea, Adam W. Kohl

Dickinson Law Review (2017-Present)

This Comment discusses the United Nations Convention on the Law of the Sea (UNCLOS) with reference to artificial island building in the South China Sea. China recently began an artificial island building campaign in the Spratly Island chain, which is located in the South China Sea. These artificial islands have been the subject of, and have created implications regarding, territorial disputes in the area.

UNCLOS governs international law in the context of disputes among states on the high seas. UNCLOS does have provisions that address artificial island construction and maintenance, but it mistakenly assumes that states will only construct artificial …

A History Of Law And Lawyers In The Gatt/Wto. Edited By Gabrielle Marceau., Meredith Kolsky Lewis

Book Reviews

No abstract provided.

Translating Trademarks: Towards The Equal Treatment Of Foreign- Language Marks, Ung Shen Goh

PhD Dissertations

Part A of this dissertation tells the story of The Coca-Cola Companys trademark registrations in Canada in order to illustrate the linguistic issues faced by trademark administrators. A trademarks registrability depends on its distinctiveness, which is its ability to can distinguish its traders goods and services from those of another trader. Knowing how well a trademark will function to distinguish means ascertaining first what has already been registered, which is no easy task when the databases cannot administer foreign-language marks that are not Romanized. Part A proposes the solution of transcribing foreign-language marks that are not Romanized, so they can …

The Breakdown Of International Treaties, Jide Nzelibe

Notre Dame Law Review

“[A] cause seldom triumphs unless somebody’s personal interest is bound up with it.” In the past few years, we have witnessed a rise in antiglobalization sentiment in which certain treaties have succumbed to domestic political backlash. But why are particular treaties susceptible to breakdown while others tend to be more resilient? Paradoxically, this Article argues that the fragility of treaties follows a peculiar logic: treaties are most vulnerable to breakdown or withdrawal if they were originally negotiated in the absence of social conflict among domestic groups. The reason is that, having been negotiated and ratified with hardly any political struggle, …

A European Perspective On The Liability Of Credit Rating Agencies, Jan De Bruyne

Journal of International Business and Law

No abstract provided.

The Affirmative Legal Duties Of Corporations In The Current Syrian Refugee Crisis In Europe: A Call For The Adoption Of A European Multinational Corporate Code Of Conduct, Kaitlin Silletti

Journal of International Business and Law

No abstract provided.