Trade, Social Preferences, And Regulatory Cooperation: The New Wto-Think,
2016
Council on Foreign Relations
Trade, Social Preferences, And Regulatory Cooperation: The New Wto-Think, Thomas J. Bollyky, Petros C. Mavroidis
Faculty Scholarship
This paper advocates changes in the corporate governance of the World Trade Organization (WTO) to reflect the decline in tariffs and other border restraints to commerce and the emerging challenges of advancing freer trade and better regulation cooperation in a world economy dominated by global value chains. Together, these changes form an integration strategy that we refer to as the new WTO Think. This strategy remains rooted in the original rationale of the General Agreement on Trade and Tariffs (GATT) of reducing the negative externalities of unilateral action and solving important international coordination challenges, but is more inclusive of regulators …
Private Standards And The Wto: Reclusive No More,
2016
Columbia Law School
Private Standards And The Wto: Reclusive No More, Petros C. Mavroidis, Robert Wolfe
Faculty Scholarship
Private standards are increasing in number, and they affect trade, but their status in the WTO remains problematic. Standards-takers are typically countries with little bargaining power, who cannot affect their terms of trade and thus, even if they possess domestic antitrust laws, will find it hard to persuade standard-setters to take account of their interests. Our concern is to bring more of these standards within the normative framework of the trade regime – that is, we worry that these private forms of social order can conflict with the fundamental norms of transparency and non-discrimination. The WTO membership has consumed itself …
Ask For The Moon, Settle For The Stars: What Is A Reasonable Period To Comply With Wto Awards?,
2016
Columbia Law School
Ask For The Moon, Settle For The Stars: What Is A Reasonable Period To Comply With Wto Awards?, Petros C. Mavroidis, Niall Meagher, Thomas J. Prusa, Tatiana Yanguas
Faculty Scholarship
The World Trade Organization (WTO) dispute settlement process allows a defending Member a “reasonable period of time” (RPT) to implement any findings that its contested measures are inconsistent with WTO law. If agreement on this RPT cannot be reached, Article 21.3(c) of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) provides for the possibility of arbitration on the length of the RPT. The DSU provides limited guidelines on the RPT, stating only that it should not normally exceed 15 months. In practice, Arbitrators have developed the standard that the RPT should reflect the shortest possible period …
Dispute Settlement In The Wto: Mind Over Matter,
2016
Columbia Law School
Dispute Settlement In The Wto: Mind Over Matter, Petros C. Mavroidis
Faculty Scholarship
The basic point I advocate in this paper is that the WTO Dispute Settlement System aims to curb unilateralism. No sanctions can be imposed, unless if the arbitration process is through, the purpose of which is to ensure that reciprocal commitments entered should not be unilaterally undone through the commission of illegalities. There are good reasons though, to doubt whether practice guarantees full reciprocity. The insistence on calculating remedies prospectively, and not as of the date when an illegality has been committed, and the ensuing losses for everybody that could or could not be symmetric, lend support to the claim …
Making Ends Meet: Using A Market-Based Approach To Incentivize Foreign Vessels To Comply With The Air Emission Standards Of Marpol Annex Vi,
2015
Penn State Dickinson Law
Making Ends Meet: Using A Market-Based Approach To Incentivize Foreign Vessels To Comply With The Air Emission Standards Of Marpol Annex Vi, Xiaoxin Shi
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
One More Brick In The Wall: The Impact Of Personal Jurisdiction Of Ex Juris Defendants On The Relationship Between The United States And Canada,
2015
Penn State Dickinson Law
One More Brick In The Wall: The Impact Of Personal Jurisdiction Of Ex Juris Defendants On The Relationship Between The United States And Canada, Matthew Johnson
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
The Protection Of Intellectual Property Licenses In Insolvency: Lessons From The Nortel Case,
2015
University of Toronto
The Protection Of Intellectual Property Licenses In Insolvency: Lessons From The Nortel Case, Anthony Duggan, Norman Siebrasse
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Judicial Implementation Of South Africa’S New Business Rescue Model: A Preliminary Assessment,
2015
University of Fort Hare
Judicial Implementation Of South Africa’S New Business Rescue Model: A Preliminary Assessment, Patrick C. Osode
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
High-Tech Companies And The Decision To “Go Public”: Are Backdoor Listings (Still) An Alternative To “Front-Door” Initial Public Offerings?,
2015
Tilburg Law School
High-Tech Companies And The Decision To “Go Public”: Are Backdoor Listings (Still) An Alternative To “Front-Door” Initial Public Offerings?, Erik P.M. Vermeulen
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Commercial Law And The Public Interest,
2015
Penn State Dickinson Law
Commercial Law And The Public Interest, Jay Lawrence Westbrook
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
The Colombian Simplified Corporation: An Empirical Analysis Of A Success Story In Corporate Law Reform,
2015
Los Andes University School of Law
The Colombian Simplified Corporation: An Empirical Analysis Of A Success Story In Corporate Law Reform, Francisco Reyes
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
The Natural Person, Legal Entity Or Juridical Person And Juridical Personality,
2015
Penn State Dickinson Law
The Natural Person, Legal Entity Or Juridical Person And Juridical Personality, Elvia Arcelia Quintana Adriano
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Justifications For Ucc Article 9’S Treatment Of Deposit Accounts: A Comparative Note,
2015
McGill University
Justifications For Ucc Article 9’S Treatment Of Deposit Accounts: A Comparative Note, Catherine Walsh
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
The Role Of Party Autonomy In The Enforcement Of Secured Creditor’S Rights: International Developments,
2015
University of Teramo
The Role Of Party Autonomy In The Enforcement Of Secured Creditor’S Rights: International Developments, Anna Veneziano
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Party Autonomy And Consumer Arbitration In Conflict: A “Trojan Horse” In The Access To Justice In The E.U. Adr-Directive 2013/11?,
2015
Penn State Dickinson Law
Party Autonomy And Consumer Arbitration In Conflict: A “Trojan Horse” In The Access To Justice In The E.U. Adr-Directive 2013/11?, Norbert Reich
Penn State Journal of Law & International Affairs (2012 - Present)
Arbitration clauses in consumer contracts have been subject to controversy in many jurisdictions; recent U.S. and Canadian Supreme Court case law have been used as examples. European Union (E.U.) law, which originally excluded arbitration in general from the Brussels/Rome regimes, has recently taken a mixed, and to some extent limited, approach by including Alternative Dispute Resolution (ADR) entities “imposing” a solution in its recent ADR Directive 2013/11. There seems to be an indirect encouragement to develop consumer arbitration schemes in E.U. Member States as a second route to justice. It is too early to evaluate this new and somewhat clandestine …
Lessons And Best Practices For Designers Of Fast Track, Low Value, High Volume Global E-Commerce Odr Systems,
2015
Penn State Dickinson School of Law
Lessons And Best Practices For Designers Of Fast Track, Low Value, High Volume Global E-Commerce Odr Systems, Louis F. Del Duca, Colin Rule, Brian Cressman
Penn State Journal of Law & International Affairs (2012 - Present)
The momentum behind development of global online fast track low value high volume dispute resolution (hereafter ODR) continues to accelerate. Consumer and business groups around the world are promoting fair, proportionate, effective, online, fast track redress for low value high volume cross border e-commerce disputes. As a result, there will continue to be increasing demand for a variety of effective ODR systems design and procedural rules. Best practices developed by entities like eBay and lessons learned from the work of UNCITRAL Working Group III can be helpful in developing framework models for fast track low value high volume e-commerce ODR …
The Good, The Bad, And The Ugly In Distribution Contracts: Limitation Of Party Autonomy In Arbitration?,
2015
Carlos III University of Madrid
The Good, The Bad, And The Ugly In Distribution Contracts: Limitation Of Party Autonomy In Arbitration?, Pilar Perales Viscasillas
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Limits On Party Autonomy In International Commercial Arbitration,
2015
University of Oslo
Limits On Party Autonomy In International Commercial Arbitration, Giuditta Cordero-Moss
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
An Institutional Approach To The Creation Of Innovation Ecosystems And The Role Of Law,
2015
Kyushu University
An Institutional Approach To The Creation Of Innovation Ecosystems And The Role Of Law, Toshiyuki Kono, Kazuaki Kagami
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
The Hague Principles, The Cisg, And The “Battle Of Forms”,
2015
SMU Dedman School of Law
The Hague Principles, The Cisg, And The “Battle Of Forms”, Peter Winship
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
