International Trade Law Commons^™

Why Cuba's Global Tourism Allure Has Failed To Attract American Property Speculators, Adir Paner

Cardozo Journal of International and Comparative Law

The note examines the potential for Cuba to become a prime destination for American investment, particularly in its burgeoning tourism and hotel industry, driven by its natural resources and strategic location. However, significant legal and structural barriers, including restrictive government policies, the Helms-Burton Act, and inadequate property rights protections, hinder foreign investment. The analysis highlights the need for legal reforms and policy changes to address these obstacles and unlock Cuba's economic potential.

The First Real-Time Blockchain Vat - Gcc Solves Mtic Fraud, Richard Thompson Ainsworth, Musaad Alwohaibi

Faculty Scholarship

Following years of study the Gulf Cooperation Council (GCC) appears ready to adopt the recommendations of the International Monetary Fund (IMF) and put in place a tax system that will stabilize revenue. A value added tax (VAT) and corporate income tax (CIT) are considered. A VAT Framework Agreement, that functions like the VAT Directive in the EU, has been agreed.

Although new, the GCC VAT is very worthy of attention. From a tax policy perspective, it is making notable improvements to EU VAT design. The GCC VAT is (potentially) the world’s first real-time, blockchain-secured, multi-jurisdictional VAT. This is a remarkable …

International Tax Planning As A Business Driver, Robert A. Agresta

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Fcpa Compliance Should Not 'Cost An Arm And A Leg': Assessing The Potential For Enhanced Cost-Efficiency And Effectiveness For An Anti-Corruption Compliance Program With The Implementation Of An Enterprise Legal Risk Management Framework, Garrick Apollon

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

We Don't Need No Education - Is The U.S. At Risk Of Losing Its Clear Edge In Higher Education?, Ann M. Murphy

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

China's Nine Dash Line Claim In Light Of The Ruling By The Permanent Court Of Arbitration (12 July 2016), Ekrem Korkut, Woo Hyun Kang

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Behavioral Economics In International Investment Law: Bounded Rationality And The Choice Of Reservation List Modality, Tae Jung Park

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Water As A Human Right: A Case Study Of The Pakistan-India Water Conflict, Waseem Ahmad Qureshi

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Red Riding Hood - Is Investor-State Arbitration The Big Bad Wolf?, Petra Butler

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Explaining The Financial Stability Board: Path Dependency And Zealous Regulatory Apprehension, Camilo Soto Crespo

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Bitcoin And The Blockchain As Possible Corporate Governance Tools: Strengths And Weaknesses, Fiammetta S. Piazza

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Masthead

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Contemporary Writings In A Global Society: Collected Works

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Strength In Intellectual Property Protection And Foreign Direct Investment Flows In Least Developed Countries, James Thuo Gathii

Georgia Journal of International & Comparative Law

No abstract provided.

A Window Of Opportunity For Gmo Regulation: Achieving Food Integrity Through Cap-And-Trade Models From Climate Policy For Gmo Regulation, Gabriela Steier

Pace Environmental Law Review

GMOs are the links of our centralized food system, largely dependent on international trade. GMOs are inherently unsustainable because they reduce biodiversity, harm the environment, and empower positive feedback loops between monocultures, industrial agriculture, and biodiversity depletion, thereby jeopardizing food safety, security, and sovereignty. Conglomerates of multi-national companies, in short BigAg, shape multi-lateral food trade and flood international markets with their small array and enormous volumes of crops, while controlling large aspects of agriculture and food production world-wide. Zooming in on the trans-Atlantic dispute about GE crops, this paper uses comparative law to explore how a cap-and-trade model borrowed from …

Geographical Indications Between Trade, Development, Culture, And Marketing: Framing A Fair(Er) System Of Protection In The Global Economy?, Irene Calboli

Faculty Scholarship

This chapter analyzes some of the topics on the current debate involving geographical indications (GIs) of origin that will be further elaborated by the contributors to this volume from a variety of perspectives and angles. As the title indicates, this volume focuses on GI protection “at the crossroads of trade, development, and culture,” with a specific focus on the countries in the Asia-Pacific region. This choice is due primarily to the fact that the analysis of issues related to GI protection in this region is, to date, not as extensive as the analysis in other regions, particularly in the Western …

The Tension Between Korean Environmental Protection Policies And U.S. Investors' Interests Under The U.S.-Korea Free Trade Agreement, Changsung Kang

Maurer Theses and Dissertations

South Korea’s low carbon and ‘green growth’ policies possess potential regulatory changes that reduce foreign investors’ interests and legitimate expectations concerning the profitability of their businesses. Although international investment law protects a government’s right to protect legitimate public welfare objectives, such as environmental protection, the investor-State dispute settlement provision allows foreign investors to seek compensation for a country’s law and policies contrary to their interests. On the other hand, investor-State dispute settlement provisions inherently have many problems. Despite the problems, protecting both foreign investors’ interests and States’ regulatory sovereignty is very important. For this reason, this dissertation examined why the …

Demand Side Of Corruption And Foreign Investment Law, Austin Ignatius Pulle

Research Collection Yong Pung How School Of Law

The United Nations Conventionagainst Corruption, regional anti-corruption conventions, the US ForeignCorrupt Practices Act, and laws against foreign bribery passed pursuant to theOECD Convention on Bribery have not operated to substantially reduce foreigncorrupt practices. The “design flaw” in these instruments and laws is that theyabandon the model of domestic anti-bribery laws that target both the supply anddemand side of corruption, and instead focus only on the supply side ofcorruption. Shielded from international accountability, corrupt officials inthe demand side continue to extort bribes from investors and other businessmenwho wish to operate in their countries. Arbitration decisions that considercorruption in the context of …

E Pluribus Unum – Out Of Many, One Common European Sales Law?, Viktor Előd Cserép

Pace International Law Review

In light of the fragmentation due to the nationalization of civil and commercial law and the growing intensity of cross-border trade in manufactured goods, arguments for the unification of private law surfaced already from the early 20th century. Such attempts resulted in, among others, the CISG, the UPICC or the PECL. In line with this pattern, as an attempt to make Out of Many, One Common European Sales Law, a Proposal for a Regulation on a Common European Sales Law (CESL) was published in 2011. The aim of the present contribution is to explore the background of the Proposal and …

Inside The Arbitrator's Mind, Susan Franck

Scholarly Articles in Law Reviews & Journals

Arbitrators are lead actors in global dispute resolution. They are to global dispute resolution what judges are to domestic dispute resolution. Despite its global significance, arbitral decision making is a black box. This Article is the first to use original experimental research to explore how international arbitrators decide cases. We find that arbitrators often make intuitive and impressionistic decisions, rather than fully deliberative decisions. We also find evidence that casts doubt on the conventional wisdom that arbitrators render “split the baby” decisions. Although direct comparisons are difficult, we find that arbitrators generally perform at least as well as, but never …