Separation Of Trade Law Powers,
2018
University of Miami School of Law
Dispute Settlement Under The Next Generation Of Free Trade Agreements,
2018
University of Miami School of Law
Dispute Settlement Under The Next Generation Of Free Trade Agreements, Kathleen Claussen
Articles
No abstract provided.
Last Mile For Tuna (To A Safe Harbor): What Is The Tbt Agreement All About?,
2018
Columbia Law School
Last Mile For Tuna (To A Safe Harbor): What Is The Tbt Agreement All About?, Petros C. Mavroidis
Faculty Scholarship
The WTO Agreement on TBT (Technical Barriers to Trade) aims at taming NTBs (nontariff barriers), the main instrument segmenting markets nowadays. Some of the terms used to flesh out the commitments undertaken are borrowed from the GATT, and some originate in the modern regulatory reality as expressed through SDOs (standard-development organizations). It does not share a copy-cat function with the GATT, though. Alas, the WTO Appellate Body, by understanding words as ‘invariances’, e.g., interpreting them out of context (without asking what is the purpose for the TBT?), has not only exported its GATT case law, but also misapplied it into …
The Other Trade War,
2018
University of Miami School of Law
Old Wine In New Bottles? The Trade Rule Of Law,
2018
University of Miami School of Law
Old Wine In New Bottles? The Trade Rule Of Law, Kathleen Claussen
Articles
No abstract provided.
Introduction To The Yale Symposium On Trade Law Under The Trump Administration,
2018
University of Miami School of Law
Introduction To The Yale Symposium On Trade Law Under The Trump Administration, Kathleen Claussen, David Singh Grewal
Articles
No abstract provided.
The Lessons Of Tpp And The Future Of Labor Chapters In Trade Agreements,
2018
Georgetown University Law Center
The Lessons Of Tpp And The Future Of Labor Chapters In Trade Agreements, Alvaro Santos
Georgetown Law Faculty Publications and Other Works
The agenda to link labor standards to trade agreements, in the hopes of improving working conditions in developing countries and preventing unfair labor competition for workers in rich countries, reached its culmination in TPP. Beginning with NAFTA and over a span of twenty-five years, labor standards became fully included in trade agreements and their violation subject to trade sanctions as means of enforcement. Thus, proponents of TPP offered it as the “gold standard” of globalization. This chapter argues that the debate about TPP, and the US labor movement’s opposition to it, made clear that this was not a story of …
User Participation In Value Creation,
2018
Georgetown University Law Center
User Participation In Value Creation, Itai Grinberg
Georgetown Law Faculty Publications and Other Works
This article examines HM Treasury’s proposal to account for the active participation of users in value creation in certain digital platforms. The first key question is whether there is any reason to believe, as HM Treasury suggests, that users only meaningfully or actively contribute to value creation in the context of certain digital platforms. The article accordingly explores the factors HM Treasury sets out for the attribution of income to active user participation, including features such as network effects, multisided business models, and a lack of physical presence in the jurisdiction of the user. It concludes that if a user …
The Wto Practice Of Legality Is Ensuring Transparency Forself-Enforcing Trade,
2018
Singapore Management University
The Wto Practice Of Legality Is Ensuring Transparency Forself-Enforcing Trade, Abdulmalik Mousa S Altamimi
Research Collection Yong Pung How School Of Law
Purpose One of the core objectives of the World Trade Organisation (WTO) is to maintain a practice of legality, including guaranteeing state and non-state actors interact based on the world trade norms. In seeking to achieve this objective, the WTO aims to uphold the trade rule of law by emphasising compliance with specified rules and procedures during the accession process, dispute settlement and trade policy review. This study aims to review these compliance procedures by invoking the interactional international law concept of a community of legal practice. Second, it briefly illuminates Chad Bown's proposal to establish an institute for assessing …
An Assessment Of The Chafta And Its Implications: A Work-In-Progress Type Fta With Selective Innovations,
2018
Singapore Management University
An Assessment Of The Chafta And Its Implications: A Work-In-Progress Type Fta With Selective Innovations, Heng Wang
Research Collection Yong Pung How School Of Law
This chapter explores two questions of the recent China-Australia FTA (ChAFTA): what is the approach of the ChAFTA? What are the challenges to the ChAFTA? It argues first that the ChAFTA adopts a problem-solving approach to harvest “low-hanging fruit” (e.g. tariff cuts). Containing WTO-based and WTO-friendly rules, it focuses on trade and investment facilitation through market liberalization and carefully written good governance norms. In spite of its short form investment chapter, the agreement is not as shallow as one may first think. It stimulates development concerning, among other things, regulatory issues (e.g. regulatory transparency and cooperation in financial services, regulatory …
Independence And Impartiality Of Arbitrators: A Rule Of Law Analysis,
2018
Singapore Management University
Independence And Impartiality Of Arbitrators: A Rule Of Law Analysis, Stefanie Schacherer
Research Collection Yong Pung How School Of Law
Investor-State dispute settlement (ISDS) through arbitration remains in a state of legitimacy crisis and discussions on reform are ongoing. Much of the criticism is focussed on who is deciding investment dispute cases. Investment arbitrators have been called “private judges” who operate in secrecy, are biased in favour of big multinational companies and have no regard for conflicts of interest. The course of the negotiations on the Transatlantic Trade and Investment Partnership between the European Union (EU) and the United States, highlighted to what extent ISDS through arbitration is perceived as unfair and biased (at least in Europe). As a reaction …
China’S Rise: How It Took On The U.S. At The Wto,
2018
University of California, Irvine
China’S Rise: How It Took On The U.S. At The Wto, Greg Shaffer, Henry S. Gao
Research Collection Yong Pung How School Of Law
This Article builds from original fieldwork to show what lies behind China’s remarkably successful use of international trade law to take on the United States and Europe. The World Trade Organization (“WTO”) is unique in China’s international relations as it is the only forum where China, with its anti-legalist traditions, has resolved its disputes through law and the use of third-party dispute settlement. After China acceded to the WTO in 2001, it invested massively in building trade law capacity to transform itself and defend itself externally. Through these investments and its increased market power, China became a serious rival to …
Applied Anti-Semitism: The Bds Movement And The Abuse Of Corporate Social Responsibility,
2018
Touro University Jacob D. Fuchsberg Law Center
Applied Anti-Semitism: The Bds Movement And The Abuse Of Corporate Social Responsibility, Alexander B. Traum
Touro Law Review
No abstract provided.
The Blurring Of The Public/Private Distinction Or The Collapse Of A Category? The Story Of Investment Arbitration,
2018
Texas A&M University School of Law
The Blurring Of The Public/Private Distinction Or The Collapse Of A Category? The Story Of Investment Arbitration, Guillermo J. Garcia Sanchez
Faculty Scholarship
The paper is a response piece to Deborah Hensler and Damira Khatam’s new article, Re-inventing Arbitration: How Expanding the Scope of Arbitration Is Re-Shaping Its Form and Blurring the Line Between Private and Public Adjudication. Their main argument regarding the public-private distinction is that the arbitral procedure has changed as a consequence of the substantive issues resolved in this particular ADR system. According to them the arbitral system, which was originally conceived for commercial purposes, has become another way of litigating public law, but without the accountability mechanisms attached to public courts. In this paper, I agree in large part …
Balancing Sustainability, The Right To Regulate, And The Need For Investor Protection: Lessons From The Trade Regime,
2018
Texas A&M University School of Law
Balancing Sustainability, The Right To Regulate, And The Need For Investor Protection: Lessons From The Trade Regime, Elizabeth Trujillo
Faculty Scholarship
Recent initiatives for investment reform demonstrated by the 2016 United Nations Conference on Trade and Development and 2018 World Investment Reports have raised key issues for sustainable development in the context of investment in natural resources and energy. Where there has been increasing convergence between trade and environmental norms as trade regimes confront domestic regulatory measures for environmental protection and climate change mitigation, similarly investment regimes also have had to address such domestic measures but with little progress towards normative convergence. At the same time, there’s an increasing skepticism for the traditional models of globalization of the 1990s and more …
The Impact Of Copyright Exceptions For Researchers On Scholarly Output,
2017
American University
The Impact Of Copyright Exceptions For Researchers On Scholarly Output, Michael Palmedo
Joint PIJIP/TLS Research Paper Series
High prices restrict access to academic journals and books that scholars rely upon to author new research. One possible solution is the expansion of copyright exceptions allowing unauthorized access to copyrighted works for researchers. I test the link between copyright exceptions for health and science researchers and their publishing output at the country-subject level. I find that scientists residing in countries that implement more robust research exceptions publish more papers and books in subsequent years. This relationship between copyright exceptions and publishing is stronger in lower-income countries, and stronger where there is stricter copyright protection of existing works.
A Little Known Trade Deal Could Soon Derail America's Booming Solar Industry,
2017
Cuny Graduate School of Journalism
A Little Known Trade Deal Could Soon Derail America's Booming Solar Industry, Sam Donnenberg
Capstones
A trade deal has been winding its way through hearings at the International Trade Commission for months that could have major consequences for America's solar energy industry. Two solar energy companies are requesting that tariffs be applied to Chinese solar product imports. But industry analysts say this will cause the price of solar to rise and harm the industry during a period of unprecedented growth. The petition has only one stop left on its way to approval: The desk of President Trump.
https://www.alanapipe.com/sam-donnenberg/sam-donnenberg-index.html
Username: sam-donnenberg
Password: capstone
Palm Papers,
2017
City University of New York (CUNY)
Palm Papers, Nicole Rothwell
Capstones
The Organized Crime and Corruption Reporting Project (OCCRP) came into possession of a secret dataset of property owners of the Palm Islands, the elite high-end artificial islands on the coast of Dubai.
With over 250 neighborhoods on Dubai’s waterfront, a group of journalists around the world has been investigating who these individuals are that can afford the posh and pricey real estate. While most fall into the uber-rich category, some also have corrupt to criminal backgrounds leading to questions such as if the Palm Islands are truly a real-estate paradise, or instead a refuge for the corrupt.
The task for …
Restructuring Intellectual Property Jurisdictions Post-Brexit: Strategic Considerations For The Eu And Britain,
2017
Brooklyn Law School
Restructuring Intellectual Property Jurisdictions Post-Brexit: Strategic Considerations For The Eu And Britain, Alexandra George
Brooklyn Journal of International Law
Britain’s decision to “Brexit” from the European Union has caused great uncertainty and justified concern with respect to intellectual property laws and investments. Post-Brexit arrangements between the European Union and Britain have not yet been determined, and it is unclear whether these will be settled with respect to intellectual property law before Brexit is due to take effect in 2019. With intellectual property intensive industries accounting for 88 percent of EU imports and 90 percent of EU exports, British-EU intellectual property arrangements are the subject of intense interest worldwide as intellectual property owners and users speculate as to the likely …
A Vatcoin Proposal Following On The 2017 Eu Vat Proposals - Mtic, Vatcoin, And Blockchain,
2017
Boston University School of Law
A Vatcoin Proposal Following On The 2017 Eu Vat Proposals - Mtic, Vatcoin, And Blockchain, Richard Thompson Ainsworth, Musaad Alwohaibi, Michael Cheetham, Camille Tirand
Faculty Scholarship
The following proposal for an EU VATCoin was presented at the Digital Tax Transformations Conference, December 18 & 19, 2017 in Vienna, Austria at WU Global Tax Policy Center (WU GTPC) at the Institute for Austrian and International Tax Law of Vienna University of Business and Economics.
The EU Commission has proposed “far-reaching reforms” to solve some of the fraud in the EU VAT. It hopes to capture €50 billion lost annually to MTIC fraud in goods. It hopes to do this without addressing tradable services, a MTIC mutation which by all accounts is running strong.
Fortunately, the Commission is …
