Legal Financial Obligations: Fulfilling The Promise Of Gideon By Reducing The Burden,
2013
Seattle University School of Law
Legal Financial Obligations: Fulfilling The Promise Of Gideon By Reducing The Burden, Travis Stearns
Seattle Journal for Social Justice
No abstract provided.
Congress' Encroachment On The President's Power In Indian Law And Its Effect On Executive-Order Reservations,
2013
Seattle University School of Law
Congress' Encroachment On The President's Power In Indian Law And Its Effect On Executive-Order Reservations, Mark R. Carter Jd, Phd
Seattle Journal for Social Justice
No abstract provided.
Do We Have It Right This Time? An Analysis Of The Accomplishments And Shortcomings Of Washington's Indian Child Welfare Act,
2013
Seattle University School of Law
Do We Have It Right This Time? An Analysis Of The Accomplishments And Shortcomings Of Washington's Indian Child Welfare Act, Karen Gray Young
Seattle Journal for Social Justice
No abstract provided.
Fifty Years After Gideon: It Is Long Past Time To Provide Lawyers For Misdemeanor Defendants Who Cannot Afford To Hire Their Own,
2013
Seattle University School of Law
Fifty Years After Gideon: It Is Long Past Time To Provide Lawyers For Misdemeanor Defendants Who Cannot Afford To Hire Their Own, Robert C. Boruchowitz
Seattle Journal for Social Justice
No abstract provided.
Table Of Contents,
2013
Seattle University School of Law
Gideon: Looking Backward, Looking Forward, Looking In The Mirror,
2013
Seattle University School of Law
Gideon: Looking Backward, Looking Forward, Looking In The Mirror, Steven Zeidman
Seattle Journal for Social Justice
No abstract provided.
Creating Wto Law By Stealth: Gsp Conditionalities And The Ec – Tariff Preferences Case,
2013
Faculty of Law, Ghana Institute of Management and Public Administration
Creating Wto Law By Stealth: Gsp Conditionalities And The Ec – Tariff Preferences Case, Alex Ansong
Alex Ansong
The WTO is witnessing an increasing intrusion of its remit into areas that hitherto were the preserve of the state. This makes the legitimacy of its law creation process critical. The article engages in analyses of the conditionalities in developed countries’ Generalized System of Preferences (GSP) schemes, notably those of the EU. It argues that the maintenance of conditionalities in developed countries’ GSP schemes can result in extra regulatory burdens for developing countries and can have the effect of creating WTO law by stealth. The analyses centre on the Appellate Body decision in the EC – Tariff Preferences case.
Tpp – Australian Section-By-Section Analysis Of The Enforcement Provisions Of The August Leaked Draft,
2013
University of Sydney, Australia
Tpp – Australian Section-By-Section Analysis Of The Enforcement Provisions Of The August Leaked Draft, Kimberlee G. Weatherall
Kimberlee G Weatherall
This paper analyses the leaked 30 August 2013 text of the TPP IP Chapter from an Australian perspective, focusing on the enforcement provisions only. The goal is to assess the compatibility of provisions in the current draft with Australian law and Australia’s international obligations: including TRIPS and the Australia-US Free Trade Agreement (AUSFTA).
Reading the IP provisions of the TPP IP chapter leak dated August 2013 is a maddening, dispiriting process. The provisions are written like legislation, not treaty, suggesting a complete lack of good faith and trust on the part of the negotiating countries. There are subtle tweaks of …
Tpp –Section-By-Section Analysis Of The Copyright Provisions (August 30 2013 Leaked Text),
2013
University of Sydney, Australia
Tpp –Section-By-Section Analysis Of The Copyright Provisions (August 30 2013 Leaked Text), Kimberlee G. Weatherall
Kimberlee G Weatherall
This paper analyses the copyright provisions of the leaked 30 August 2013 text of the TPP IP Chapter. It is a companion to an already-published analysis of the enforcement provisions. The goal is to go through the text, section by section, and assess the effect of the provisions, their compatibility with other international instruments: including TRIPS, the WCT and WPPT, and an example US FTA (the Australia-US FTA).
U.S. Trade Policy: Increased Emphasis On Worker Rights,
2013
University of Georgia Terry College of Business
U.S. Trade Policy: Increased Emphasis On Worker Rights, Marisa Anne Pagnattaro
Georgia Journal of International & Comparative Law
No abstract provided.
The Tbt Agreement And Tobacco Control Regulations,
2013
Institute of Law Studies, Polish Academy of Sciences
The Tbt Agreement And Tobacco Control Regulations, Lukasz A. Gruszczynski
Lukasz A Gruszczynski
The article analyses reports issued by the panel and the Appellate Body in the US – Measures Affecting the Productions and Sale of Clove Cigarettes dispute and attempts to assess their broader consequences for national tobacco control policies. Both reports are particularly important because they clarify the limits existing under WTO law, in particular the TBT Agreement, in this policy space. In this context, the article investigates whether the WTO dispute settlement bodies interpreted relevant rules of the TBT Agreement in a manner that provides countries with sufficient regulatory autonomy while ensuring at the same time that their technical measures …
The Who Protocol To Eliminate Illicit Trade In Tobacco Products: A Next Step In International Control Of Tobacco Products,
2013
Institute of Law Studies, Polish Academy of Sciences
The Who Protocol To Eliminate Illicit Trade In Tobacco Products: A Next Step In International Control Of Tobacco Products, Lukasz A. Gruszczynski
Lukasz A Gruszczynski
This report discusses the main provisions of the recently adopted WHO Protocol to Eliminate Illicit Trade in Tobacco Products. While recognizing the remarkable achievement of the global community in its efforts to curb illicit trade in tobacco products at the international level, the report also highlights those aspects of the Protocol that may undermine its effectiveness in the long-term perspective. In this context the enforcement capabilities of developing countries are cited as a main concern.
E-Commerce And Electronic Payment System Risks: Lessons From Paypal,
2013
Author, Educator, Entrepreneur & Professional Corporate Director
E-Commerce And Electronic Payment System Risks: Lessons From Paypal, Lawrence J. Trautman
Lawrence J. Trautman Sr.
What are the major risks perceived by those engaged in e-commerce and electronic payment systems? What development risks, if they become reality, may cause substantial increases in operating costs or threaten the very survival of the enterprise? This article utilizes the relevant annual report disclosures from eBay (parent of PayPal), along with other eBay and PayPal documents, as a potentially powerful teaching device. Most of the descriptive language to follow is excerpted directly from eBay’s regulatory filings. My additions include weaving these materials into a logical presentation and providing supplemental sources for those who desire a deeper look (usually in …
Transfer Pricing: Un Guidelines -- Brazil,
2013
Boston University School of Law
Transfer Pricing: Un Guidelines -- Brazil, Richard Thompson Ainsworth
Faculty Scholarship
The UN Practical Manual on Transfer Pricing for Developing Countries endeavors to provide “clearer guidance on the policy and administrative aspects of applying transfer pricing analysis.” Chapter 10 is particularly noteworthy. It sets out specific country practices. The rules in Brazil, China, India and South Africa are offered as templates for developing countries to follow.
This article considers the Brazilian contribution to Chapter 10. Although some writers believe that developing countries should adopt the Brazilian model this article suggests otherwise. Even though it is a theoretically simple system, some aspects of the Brazilian model consistently work to the fiscal disadvantage …
La Realidad De Comercio Justo: Una Investigación De Las Fallas Y Los Éxitos Del Sistema En El Valle De La Convención, Perú, Desde La Perspectiva De Los Productores,
2013
SIT Study Abroad
La Realidad De Comercio Justo: Una Investigación De Las Fallas Y Los Éxitos Del Sistema En El Valle De La Convención, Perú, Desde La Perspectiva De Los Productores, Katy Keisling
Independent Study Project (ISP) Collection
Este informe es el producto de mi proyecto de investigación sobre el funcionamiento del Comercio Justo en el cultivo del café en el Valle de la Convención, Perú. El Comercio Justo fue creado hace 25 años con el objetivo de mejorar la vida del pequeño productor a través de un sistema de comercio que valora la democracia y pago justo. Ahora, muchos investigadores han estudiado el tema para analizar sus impactos – pero la mayoría de literatura existente sobre el tema falta la voz del productor. Por esta razón, ubico mi estudio en la perspectiva del pequeño productor. Utilizando la …
Avoiding Fcpa Suprises: Safe Harbor From Successor Liability In Cross-Border Mergers And Acquisitions,
2013
William & Mary Law School
Avoiding Fcpa Suprises: Safe Harbor From Successor Liability In Cross-Border Mergers And Acquisitions, Adam Prestidge
William & Mary Law Review
No abstract provided.
Letter From The Editor,
2013
Notre Dame Law School
Letter From The Editor, Adrienne M. De La Rosa
Notre Dame Journal of International & Comparative Law
A letter from the editor
Ungoverned Spaces, Transnational Crime, And The Prohibition On Extraterritorial Enforcement Jurisdiction In International Law,
2013
U.S. Department of Justice
Ungoverned Spaces, Transnational Crime, And The Prohibition On Extraterritorial Enforcement Jurisdiction In International Law, Dan E. Stigall
Notre Dame Journal of International & Comparative Law
This Article explicates the international legal framework governing State action against transnational crime; it also explores the disparity in what international law permits military actors to do in situations of armed conflict versus what actions civilians may undertake in the course of extraterritorial law enforcement operations. This Article argues that the trend of militarization in the U.S. approach to transnational crime law is, in part, a function of this legal disparity and that this trend could be reversed a degree if international law recognized a greater degree of flexibility for certain limited categories of extraterritorial law enforcement actions by civilian …
Free Trade And The Regulatory State: A Gatt's-Eye View Of The Dormant Commerce Clause,
2013
Berkeley Law
Free Trade And The Regulatory State: A Gatt's-Eye View Of The Dormant Commerce Clause, Daniel A. Farber, Robert E. Hudec
Daniel A Farber
No abstract provided.
Resolving The Double Remedy Dispute: A Critique Of The Wto Appellate Body’S Decision In United States – Definitive Anti-Dumping And Countervailing Duties On Certain Products From China,
2013
Seattle University School of Law
Resolving The Double Remedy Dispute: A Critique Of The Wto Appellate Body’S Decision In United States – Definitive Anti-Dumping And Countervailing Duties On Certain Products From China, Matthew R. Kelly Mr.
Matthew R Kelly Mr.
No abstract provided.
