China’S Currency Practices And “Currency Manipulation”:
The Power Of Action In Inaction,
2013
Pacific McGeorge School of Law
China’S Currency Practices And “Currency Manipulation”: The Power Of Action In Inaction, Anthony Yu
Global Business & Development Law Journal
No abstract provided.
Où Est Votre Chapeau? Economic Sanctions And Trade Regulation,
2013
Pacific McGeorge School of Law
Où Est Votre Chapeau? Economic Sanctions And Trade Regulation, Michael P. Malloy
McGeorge School of Law Scholarly Articles
This article seeks to determine whether US economic sanctions can be maintained consistently with the obligations of the international trade regime. In Part I, it will consider the extent to which the current prevalence of economic sanctions may create tension with international trading rules. In Part II, the article will assess arguments that sanctions are inconsistent with applicable principles of customary international law. Part III will consider whether sanctions are inconsistent with international trading regimes and consequently are impermissible. In Part IV, the article concludes that while sanctions are legally permissible in the face of indeterminate legal obligations and international …
Race And Income Disparity: An Ideology-Neutral Approach To Reconciling Capitalism And Economic Justice,
2013
University of Denver
Race And Income Disparity: An Ideology-Neutral Approach To Reconciling Capitalism And Economic Justice, Robert M. Hardaway
Sturm College of Law: Faculty Scholarship
Income and wealth disparities along racial lines in the United States constitute a continuing threat to the political and democratic stability upon which the economy and government of the United States fundamentaly depends. The quest or solutions to these economic dijpariies has thus far been frustrated by ideological battles between poliical groups and coalitions. In particular, ideological preconceptions have prevented these groups from listening to the ideas and proposals of opposing groups and working together to find real solutions to the problem of income disparities that actually work. Instead, they have created policies which, while fitting within a preconceived ideological …
The Shirts On Our Backs: The Rana Plaza Disaster, Interdependence, And The Shifting Locus Of Responsibility,
2013
The University of Western Ontario
The Shirts On Our Backs: The Rana Plaza Disaster, Interdependence, And The Shifting Locus Of Responsibility, Chios Carmody
Law Publications
The Rana Plaza Collapse at Savar, Bangladesh in April 2013 highlighted the immense power of global supply chains both to transform lives and imperil them. In the last decade Bangladesh has become a powerhouse of global garment manufacturing, largely through jobs shed by Chinese manufacturers. In the process, the identifiable nature of garments as a product, characteristics specific to the global garment industry, and growing consumer awareness, have all combined to permit corporate buyers in Europe and North America to dictate industrial standards. This article examines competing legal responses to the disaster as an example of the assumption of a …
Fairness In Wto Law,
2013
The University of Western Ontario
Fairness In Wto Law, Chios Carmody
Law Publications
The idea of fairness is a recurrent one in international economic law and relations. By and large, however, commentators have failed to provide a structured understanding for this vital concept or explain its reflection in legal rules. This article proposes a theory of fairness as part of a broader theory of justice, suggesting that fairness is a part of justice, but not the whole of it. Rather, justice may be thought of as a combination of equality plus fairness (i.e. justice = equality + fairness), with the proviso that in any complex system of legal rules, equality must be greater …
What Is Fairness In Wto Law?,
2013
The University of Western Ontario
What Is Fairness In Wto Law?, Chios Carmody
Law Publications
The idea of fairness is a recurrent one in international economic law and relations. By and large however, commentators have failed to provide a structured understanding of this vital concept or explain its reflection in legal rules. This submission proposes a theory of fairness as part of a broader set of reflections on the nature of fairness in WTO law.
Discovery Without Limits? Obligation To Provide Discovery For Products Under Development At The International Trade Commission,
2013
American University Washington College of Law
Discovery Without Limits? Obligation To Provide Discovery For Products Under Development At The International Trade Commission, Julia V. Svintsova
American University Business Law Review
No abstract provided.
Newsletter, Fall 2013, Vol. 8, Issue 1,
2013
University of Georgia School of Law
Newsletter, Fall 2013, Vol. 8, Issue 1, The Dean Rusk International Law Center
Newsletters
Cuban Embargo Conference Sparks Spirited Debate; Director's Note; Lectures; American Society of International Law Midyear Meeting; International Law in a Time of Scarcity; 2013 Georgia Law Summer Program in Brussels & Geneva; Enjoying the Full Experience of Oxford; Far-Flung Adventures in the Global Internship Program; Summer in China Yields Insights; Brazilians Participate in International Judicial Training; Rusk Center Inaugurates Transnational Law Program; International Law Colloquium Series; Faculty Exchange with German University; International Law Faculty Updates; Student President of ILSA Is A Georgia Law 3L; LL.M. Class of 2014 Welcomed; Spotlight on Alumni in International Law: Audrey Winter, J.D. '80.
Are World Trading Rules Passé?,
2013
IIT Chicago-Kent College of Law
Are World Trading Rules Passé?, Sungjoon Cho, Claire R. Kelly
All Faculty Scholarship
This Article probes previously under-explored failure of the world trading rules to keep abreast with the global marketplace. It argues that the global trading system, despite its well-documented contribution to the spectacular expansion of postwar trade, has never in fact fully moved away from the mercantilist past; its mono-linear conception of production and trading patterns; and its state centric, top-down paradigm of rule making. The inevitable anachronism precipitated by the out of date trading rules structure is seriously ill-suited to the contemporary non-territorial international business transactions defined by global supply chains. Consequently, while the trading rules officially seek to help …
Injunctive And Reverse Settlements In Competition-Blocking Litigation (With Keith N. Hylton),
2013
IIT Chicago-Kent College of Law
Injunctive And Reverse Settlements In Competition-Blocking Litigation (With Keith N. Hylton), Sungjoon Cho
All Faculty Scholarship
We distinguish standard settlements, in which the status quo is preserved, and injunctive settlements, which prohibit the defendant’s activity. The reverse settlement is a special type of injunctive settlement. We examine the divergence between private and social incentives to settle and policies that would minimize socially undesirable injunctive and reverse settlements (e.g., banning reverse settlements). The results are applied to competition-blocking litigation, such as patent infringement and antidumping.
Asia And Global Competition Law Convergence,
2013
IIT Chicago-Kent College of Law
Asia And Global Competition Law Convergence, David J. Gerber
All Faculty Scholarship
No abstract provided.
The Protection Of Foreign Direct Investments In Developing And Emerging Markets Through The Instrumentality Of Arbitration: Fair Game?,
2013
Nova Southeastern University - Shepard Broad College of Law
The Protection Of Foreign Direct Investments In Developing And Emerging Markets Through The Instrumentality Of Arbitration: Fair Game?, Florence Shu-Acquaye
Faculty Scholarship
Investment treaties have tripled in the twenty-first century with over 170 countries signing onto bilateral investment treaties (BITs). Most BITs are made between a developed and a developing country, whereby a host country promises to protect home country's foreign direct investment (FDI) in exchange for the prospect of increased capital in the future. Hence, BITs tend to reduce the expected risks to FDI in that they stabilize a host country's existing investment environment, as well as provide a substitute for weak domestic laws and institutions that are often ill-equipped to protect FDI.
Due Process For U.S. Permanent Residents: The Rights To Counsel,
2013
Nova Southeastern University
Due Process For U.S. Permanent Residents: The Rights To Counsel, Sandra E. Bahamonde
ILSA Journal of International & Comparative Law
In 1945, the U.S. Supreme Court held that deportation is a serious penalty that may result in the loss of "all that makes life worth living."' This statement is as true today as it was nearly seventy years ago.
Combating Human Trafficking-The U.S. Government's Response: A Panel And A Perspective On Counter-Trafficking In Persons,
2013
Nova Southeastern University
Combating Human Trafficking-The U.S. Government's Response: A Panel And A Perspective On Counter-Trafficking In Persons, Norman L. Greene, Eric Beinhart
ILSA Journal of International & Comparative Law
Combating Human Trafficking-The U.S. Government's Response was a multi-agency, multi-disciplinary webinar held at the George Washington University Law School before a live audience at the Law School and on the internet on March 20, 2012, sponsored by the Law School and the American Bar Association Section of International Law' as well as by The American Society of International Law.
The 2013 Philip C. Jessup International Law,
2013
Nova Southeastern University
The 2013 Philip C. Jessup International Law, Alfurna, The State Of Rustasia
ILSA Journal of International & Comparative Law
The initial territory of Alfurna was located in the Bay of Singri, formed of two low-lying islands: Batri and Engili.
Responsible Patent Protections: Preserving Public Health
Objectives In The Trans-Pacific Partnership Agreement,
2013
Pacific McGeorge School of Law
Responsible Patent Protections: Preserving Public Health Objectives In The Trans-Pacific Partnership Agreement, Christina Bucci
Global Business & Development Law Journal
No abstract provided.
Rise Of The Intercontinentalexchange And Implications Of Its Merger With Nyse Euronext,
2013
Florida International University College of Law
Rise Of The Intercontinentalexchange And Implications Of Its Merger With Nyse Euronext, Latoya C. Brown
Latoya C. Brown, Esq.
This paper examines the impending merger between the IntercontinentalExchange (ICE) and NYSE Euronext against the backdrop of the current structure of the global financial services industry. The paper concludes that the merger embodies what the financial services industry is becoming and captures the model that will allow exchanges to remain competitive in today’s marketplace: mega-exchanges with broader asset classes and electronic platforms. As technology and globalization threaten their vitality, exchanges will need to continue reinventing and adapting. Increasingly over the last decade they have done so by merging and by moving, at least a part of, their operations on screen. …
The Regulation Of U.S. Money Market Funds: Lessons From Europe,
2013
Florida International University College of Law
The Regulation Of U.S. Money Market Funds: Lessons From Europe, Latoya C. Brown
Latoya C. Brown, Esq.
The recent financial crisis challenged long held perceptions of money market funds (“MMFs”) as stable and highly liquid instruments. Regulators in the US and in Europe now seek to impose additional rules on MMFs to avoid another significant failure as happened to the Reserve Fund. In the US, the debate is drawing even more media attention as question of which regulatory body - such as the Securities and Exchange Commission, the Treasury Department, and the Financial Stability Oversight Council – should lead the way has taken interesting twists and turns. This paper examines primary reform options being proposed in the …
The Key Stone In The Carbon Tariff Wall: The Alberta Oil Sands And The Legality Of Taxing Imports Based On Their Carbon Footprint,
2013
Appalachian School of Law
The Key Stone In The Carbon Tariff Wall: The Alberta Oil Sands And The Legality Of Taxing Imports Based On Their Carbon Footprint, Mark L. Belleville
Mark L. Belleville
Can one nation—consistent with international trade law—tax imports or otherwise treat them differently based on the CO2 emitted in another country during production of the import? This Article analyzes the General Agreement on Tariffs and Trade (GATT), relevant World Trade Organization (WTO) decisions, and the considerable amount of scholarship regarding Border Tax Adjustments (BTAs) and concludes that such treatment of imports is legally permissible. In early 2013, the European Union (E.U.) will vote on a proposed rule that seeks to classify crude oil coming into E.U. refineries based on “life-cycle greenhouse gas emissions,” including CO2 emitted during extraction. Canada, seeking …
Amiable Composition And Ex Aequo Et Bono Arbitration,
2013
University of East London
Amiable Composition And Ex Aequo Et Bono Arbitration, Mohamed Raffa, Mohamed Raffa
Mohamed Raffa Dr.
Amiable Composition and arbitration ex aequo et bono are variations of commercial arbitration in which the parties expressly agree that the Arbitrator is not bound by strict rules of law and is free to give effect to general considerations of equity and fair-play on an award decided upon being equitable and bona fide.
