International Trade Law Commons^™

A Future For A Forgotten Predator: Assessment Of The Global And Regional Legal Frameworks For Protection And Recovery Of The Caribbean Sawfishes Pristis Pristis And Pristis Pectinata And Recommendations For The Course Forward, Olga Koubrak

LLM Theses

Two species of sawfish, Pristis pristis and Pristis pectinata, used to be common in the coastal waters of the Caribbean Region. However, due to direct and incidental fishing pressures, national and international trade in body parts, and habitat loss, the populations of these ecologically and culturally significant species have drastically declined. This thesis identifies and reviews global and regional, binding and non-binding legal instruments in effect in the Caribbean Region that encourage states to protect biodiversity in general or address identified threats to sawfishes specifically. Despite the presence of obligations that call upon states to adopt sawfish conservation and habitat …

Regulatory Coherence And Standardization In The Trans-Pacific Partnership, Phoenix X.F. Cai

Sturm College of Law: Faculty Scholarship

This article posits a new taxonomy and framework for assessing regulatory coherence in the new generation of mega-regional, cross-cutting free trade agreements. Using the Trans-Pacific Partnership as the primary example, this article situates the rise of regulatory coherence within the current trade landscape, provides clear definitions of regulatory coherence, and argues that the real engine of regulatory coherence lies in the work of international standard setting organizations. This work has been little examined in the current literature. The article provides a detailed examination of the mechanics by which the Trans-Pacific Partnership promotes regulatory standardization and concludes with some normative implications …

Keynote: Encouraging This Particular Form Of (Very Fun) Madness - Roles For Deans & Faculty Members, Martin J. Katz, Phoenix X.F. Cai

Sturm College of Law: Faculty Scholarship

This keynote address discusses the ways in which faculty and administrators can facilitate experiential learning in transactions classes.

Insiders Anonymous: The Third Circuit Rehabilitates Sec Rule 10b5-2(B)(2) And Extends Liability For Insider Trading To Non-Fiduciaries In United States V. Mcgee, 4 J. Marshall Global Mkt. L.J. 15 (2016), Scott Henry

John Marshall Global Markets Law Journal

This Article examines the development of insider trading law under SEC Rule 10b-5, and the Third Circuit Court’s decision in United States v. McGee to extend liability for securities fraud under Rule 10b5-(2)(b)(2) to corporate outsiders without a fiduciary relationship to the corporation in whose securities they trade.

The Extraterritorial Effects Of The Volcker Rule, 4 J. Marshall Global Mkt. L.J. 1 (2016), Liliya Bozhanova

John Marshall Global Markets Law Journal

Section 619 of the Dodd-Frank Wall Street Reform and Consumer Protection Act, commonly referred to as the “Volcker Rule”, essentially prohibits “banking entities” from engaging in “proprietary trading” and from acquiring or retaining an ownership interest in, sponsoring, or having certain relationships with a hedge fund or a private equity fund. The rule has been controversial not only because of its substantive content but also due to its extraterritorial reach, which has a significant impact on foreign banking entities that have U.S. affiliates. The Volcker Rule’s extraterritoriality lies within the broad definition of the term “banking entity”, which includes not …

Regulation Automated Trading: Cftc Source Code Turnover Provision Is Unnecessary And Dangerous To U.S. Markets, 4 J. Marshall Global Mkt. L.J. 37 (2016), Thomas Laser

John Marshall Global Markets Law Journal

Over the past several decades, the financial markets have experienced a technological revolution in how securities and other financial instruments are traded. Where these contracts and assets were once traded on the floors of various registered brick and mortar exchanges across the globe, they are now primarily traded via online platforms. While allowing greater efficiency and transparency in the markets, this shift has also spawned the practice of high-frequency algorithmic trading. This process uses highly sophisticated computers and complex algorithms to trade securities and derivative products faster than the human eye can blink. Although many argue that high-frequency algorithmic trading …

A Trending Use Of Insulation And A Temporary Way Out, 4 J. Marshall Global Mkt. L.J. 51 (2016), Jennifer Leung

John Marshall Global Markets Law Journal

In order to understand the constitutionality of the SEC’s administrative process, Part II of this Article begins with a history of Article II’s Appointments Clause. Part III describes the competing theories resulting from a circuit split, specifically Hill v. Securities & Exchange Commission and Bebo v. Securities Exchange Commission. Part IV of this Article then evaluates the impact of the Appointments Clause on the Dodd-Frank Act and discusses the consequences of raising meritless constitutional questions that jeopardize the intent of the Dodd-Frank Act. Subsection IV.A. explains the exhaustion doctrine and subsection IV.B. explores Congress’s intent of implementing the Dodd-Frank Act, …

The Protection Of Pioneer Innovations – Lessons Learnt From The Semiconductor Chip Industry And Its Ip Law Framework, 32 J. Marshall J. Info. Tech. & Privacy L. 151 (2016), Thomas Hoeren

UIC John Marshall Journal of Information Technology & Privacy Law

In the second half of the 20th century, semiconductor technology as integrated circuits (IC), commonly known as microchips, became more and more dominating in our lives. Microchips are the control center of simple things like toasters as well as of complex high-tech machines for medical use. Of course, they also define the hearts of each computer. With the invention of semiconductor technology, a whole new economic sector began its rise and soon played a major role in the economies of the large industrial countries like the U.S., Japan and the EC. Especially, it stands out for its innovational power and …

Transnational Legal Practice [In 2015], Laurel Terry

Faculty Scholarly Works

This 2015 Year-in-Review article continues the tradition of collecting and publicizing the developments that occurred during the year related to transnational legal practice (TLP). This year’s article builds on the work set forth in the 2014 Year-in-Review.

The 2014 TLP Year-in-Review provided a departure from the Year-in-Review’s typical method of presentation by identifying two categories of what that article called “TLP-Nets.” One group of TLP-Nets is nationally based and the other is inherently transnational. The 2014 article identified examples of TLP-Nets and highlighted the meeting points and relationships that facilitate border-crossing for the variety of actors involved in TLP policy-making …

From Tragedy To Triumph In The Pursuit Of Looted Art: Altmann, Benningson, Portrait Of Wally, Von Saher And Their Progeny, 15 J. Marshall Rev. Intell. Prop. L. 394 (2016), Donald Burris

UIC Review of Intellectual Property Law

This article is a broad and approachable overview of American law regarding the potential repatriation of Nazi-looted art—an area which the author and his now-retired partner, Randy Schoenberg, helped develop from the ground up starting with the development of the Altmann case, decided by the U.S. Supreme Court in 2004, and continuing on through a number of fascinating looted-art cases of a more recent vintage. Parts of the article read as much like a detective story as a summary of cases and Mr. Burris has been kind enough to share both his approach to these cases and his prognosis for …

The Twilight Of The China's Decade?, Rett R. Ludwikowski

Scholarly Articles

The main goal of this article is to present to the European reader the implications of the crisis of the Chinese banking system which peaked in August 2015, and triggered a period of high volatility in the US. stockmarket. As a result, trade relations between China and the US. have deteriorated, which raises the question of whether the Chinese economic system will implode and contribute to the global crisis, or whether it can be controlled by Beijing?

The article assumes two things: that subsidies are at the core of US. criticism of Chinese trade priorities; and that to understand recent …

Transformations In Statehood, The Investor- State Regime, And The New Constitutionalism, A. Claire Cutler

Indiana Journal of Global Legal Studies

This paper examines the changing boundaries of statehood resulting from transformations in the nature and operation of public and private authority over local and global politico-legal orders. Transformations in the political purposes of states are being driven by powerful elites who advance a new form of constitutional governance. New constitutionalism, as evidenced by the investor-state regime, subordinates the interests, purposes, and rights of national citizens to those of foreign, transnational politico-legal, and economic elites. This regime is a highly privatized order that is expanding in influence, both in terms of the commercial activities under its remit, and in terms of …

Food Speculation: Between Virtual . . . And Reality, Alexandra Esmel

American University International Law Review

No abstract provided.

Trips-Plus, Public Health And Performance-Based Rewards Schemes Options And Supplements For Policy Formation In Developing And Least Developed Countries, Mohammed K. El-Said

American University International Law Review

No abstract provided.

Color Blocking: How The Harmonization Of Color Protection May Catalyze Color Depletion In Global Markets, Arsha Hasan

Indiana Journal of Global Legal Studies

The Qualitex decision in 1995 inspired trademark reformation and harmonization worldwide for the protection of color marks. While protecting color trademarks has not created issues of market entry in domestic markets, the growth in the number of transnational market participants and an increased utilization of non-traditional branding may catalyze color depletion in international trade. After exploring how current advertising expenditure requirements and distinctiveness requirements affect the registrability and protection of a color mark, this Note offers potential global reforms to help minimize hurdles for small scale transnational participants and the threat of international color depletion. Specifically, due to consumers' increasing …

Export Controls And Economic Sanctions, John Boscariol, J. Patrick Briscoe, Geoffrey Goodale, Jahna Hartwig, Jonathan Meyer, Christopher Stagg, Lawrence Ward

The International Lawyer

No abstract provided.

Trade In Environmental Goods: A Review Of The Wto Appellate Body’S Ruling In Us — Countervailing Measures (China), Rachel Brewster, Claire Brunel, Anna Maria Mayda

Faculty Scholarship

In this paper we claim that, in the WTO Appellate Body (AB)’s ruling in US-Countervailing Measures (China), the AB decision has essentially left unchanged the practice of imposing countervailing duties (CVDs) on environmental goods. While the US has formally “lost” the case, a change in the procedures and tests used to motivate the CVD will allow the US to continue using this policy tool. From an economic point of view, this is not welcome news since CVDs have the standard distortionary effects of tariffs and could go against environmental goals. From a political-economy point of view, the CVDs in this …

Promotion Of Green Electricity And International Dispute Settlement: Trade And Investment Issues, Sherzod Shadikhodjaev

The International Lawyer

The issue of greater utilization of renewables in energy supply-mix has become a priority environmental agenda in many countries. Feed-in incentives, quota schemes, public tenders and net metering are common support programmes that are designed to encourage the production and consumption of electricity generated from renewable energy sources. Promotion policies of this kind have provoked a number of international disputes at both global and regional levels. This article examines disputes brought to the World Trade Organization (WTO), the Court of Justice of the European Union (“Court of Justice”) and investor-state tribunals, and explores some intersectional implications and comparisons for the …

Free Trade As A Force Of Political Stability: The Case Of Mainland China And Hong Kong, Gonzalo Villalta Puig, Vinci Chan

The International Lawyer

No abstract provided.

International Trade, Stephanie Bell, Johny Chaklader, Sylvia Chen, Shane Devins, Laura El-Sabaawi, Jeffrey Frank, Cynthia Galvez, Geoffrey Goodale, Derick Holt, Bernd Janzen

The International Lawyer

No abstract provided.