Wrong Direction On Climate, Trade And Development,
2015
Columbia Law School, Columbia Center on Sustainable Investment
Wrong Direction On Climate, Trade And Development, Lisa E. Sachs, Lise Johnson
Columbia Center on Sustainable Investment Staff Publications
In pushing for Trade Promotion Authority, the Obama administration argues that the agreements it is negotiating (including TPP and TTIP) are true 21st century agreements that correct the failings of past agreements and will promote trade and investment that can both re-launch America as the key economic player and promote broad-based sustainable development at home and abroad.
Interview Of Peter J. Williams Conducted By Rosine Plank-Brumback On May 31, 2015,
2015
Georgetown University Law Center
Interview Of Peter J. Williams Conducted By Rosine Plank-Brumback On May 31, 2015, Institute Of International Economic Law, Georgetown University Law Center
The Oral History Project of the World Trading System
Interview of Peter John Williams, Former Director for Non-Tariff Measures & Former Secretary of Ministerial Conferences, GATT Secretariat; Former EU Delegate for WTO Accessions, conducted by Rosine Plank-Brumback on May 31, 2015.
European Economic Communities - European Court Of Justice - Convention On Jurisdiction And The Enforcement Of Judgments In Civil And Commercial Matters - Court Independently Defines Phrase "Sale On Installment Credit Terms" To Limit Jurisdictional Advantage To Private Final Consumers,
2015
University of Georgia School of Law
European Economic Communities - European Court Of Justice - Convention On Jurisdiction And The Enforcement Of Judgments In Civil And Commercial Matters - Court Independently Defines Phrase "Sale On Installment Credit Terms" To Limit Jurisdictional Advantage To Private Final Consumers, Elizabeth Grant Kline
Georgia Journal of International & Comparative Law
No abstract provided.
State Monopolies Of A Commercial Character (Article 37 Of The Eec Treaty) And Their Importance In Connection With Portugal's Accession To The European Communities,
2015
Lisbon University Law
State Monopolies Of A Commercial Character (Article 37 Of The Eec Treaty) And Their Importance In Connection With Portugal's Accession To The European Communities, Maria I. Jalles
Georgia Journal of International & Comparative Law
No abstract provided.
The Development Of Foreign Investment Law In Egypt And Its Effect On Private Foreign Investment,
2015
Emory University School of Law
The Development Of Foreign Investment Law In Egypt And Its Effect On Private Foreign Investment, George E. Bushnell Iii
Georgia Journal of International & Comparative Law
No abstract provided.
Foreign Investment In The People's Republic Of China: Compensation Trade, Joint Ventures, Industrial Property Protection And Dispute Settlement,
2015
University of Georgia School of Law
Foreign Investment In The People's Republic Of China: Compensation Trade, Joint Ventures, Industrial Property Protection And Dispute Settlement, Kevin K. Maher
Georgia Journal of International & Comparative Law
No abstract provided.
Administration Of Import Trade Statutes: Possibilities For Harmonizing The Investigative Techniques And Standards Of The International Trade Commission,
2015
Office of the General Counsel, U.S. International Trade Commission
Administration Of Import Trade Statutes: Possibilities For Harmonizing The Investigative Techniques And Standards Of The International Trade Commission, Edward R. Easton
Georgia Journal of International & Comparative Law
No abstract provided.
Preclusion Of Remedies Under Article 16(3) Of The Uncitral Model Law,
2015
Pace University
Preclusion Of Remedies Under Article 16(3) Of The Uncitral Model Law, Nata Ghibradze
Pace International Law Review
In search of actual consequences of (mis)use of the available remedies, Chapter II of the foregoing article starts by exploring whether the Model Law implies “choice of remedies” policy by examining its travaux préparatoires (hereinafter “travaux”). It also seeks to determine existence of “alternative system of defences” at cross-border level between remedies at the seat of arbitration and in the enforcement country. Chapter III engages in a determination of general framework of preclusions under the Model Law by analyzing specific provisions such as Article 4, 13 and 16(2).
Chapter IV, by analyzing the travaux, determines the primary purpose of the …
Contractual Excuse Under The Cisg: Impediment, Hardship, And The Excuse Doctrines,
2015
Warrington College of Business Administration
Contractual Excuse Under The Cisg: Impediment, Hardship, And The Excuse Doctrines, Larry A. Dimatteo
Pace International Law Review
This article will examine the law of excuse as espoused in the Convention on Contracts for the International Sale of Goods (CISG). It will examine the relevant case law applying the doctrine of impediment found in CISG Article 79. The question posed in this analysis is whether the word “impediment” relates only to the occurrences of force majeure, impossibility and frustration of purpose events or if it also includes changed circumstances, impracticability and hardship events. For purposes of simplicity, the first set of excuse or exemption doctrines will be analyzed under the heading of “impossibility” and the second set will …
The Conformity Of The Goods To The Contract In International Sales,
2015
Maastricht University, European Private Law Institute
The Conformity Of The Goods To The Contract In International Sales, Villy De Luca
Pace International Law Review
The present article aims to provide a general overview on the issue of conformity of the goods to the contract as regulated by Article 35 of the Convention on Contracts for the International Sales of Goods (“CISG”).
The analysis will focus on Article 35 CISG and, after having retraced the history that led to the current formulation of the provision, will concentrate on the implications following the adoption of a “unitary” notion of conformity. The evaluation will proceed focusing on the single express and implied conformity obligations covered, respectively, in the first and second paragraphs of Article 35 CISG.
The …
Is The Albert H Kritzer Database Telling Us More Than We Know?,
2015
Aarhus University, School of Business and Social Sciences
Is The Albert H Kritzer Database Telling Us More Than We Know?, Thomas Neumann
Pace International Law Review
This article is the first in a series of articles attempting to provide a geographical and temporal overview of the application practice of the United Nations Convention on Contracts for the International Sale of Goods (CISG). In this first article, the success of CISG is explored. The article develops the idea of using the Albert H. Kritzer Database to achieve an overview of the success of the Convention in practice. It is argued that the success of the Convention is useful to measure by its uniformity in practice, and therefore a set of criteria relating to the Convention’s application by …
Transportation, Cooperation And Harmonization: Gats As A Gateway To Integrating The Un Seaborne Cargo Regimes Into The Wto,
2015
Middlesex University (U.K.)
Transportation, Cooperation And Harmonization: Gats As A Gateway To Integrating The Un Seaborne Cargo Regimes Into The Wto, Lijun Zhao
Pace International Law Review
This paper seeks to analyze how the World Trade Organization (WTO) may cooperate with the United Nations (UN) to unify sea-borne cargo regimes. Beginning with the current dilemma of uni-form maritime transport regime, the paper explores the relation-ship between the UN and the WTO. In light of the successful precedent of the incorporation of the UN intellectual property re-gime into the WTO, this paper probes into the feasibility that the UN and the WTO may interactively unify a maritime transport regime by reference to selected previous treaties, which include UN-administrated treaties. This paper argues the WTO-based sea transport negotiations do …
Enforcement Of Forum Selection Agreements In Contracts Between Unequal Parties,
2015
University of Georgia School of Law
Enforcement Of Forum Selection Agreements In Contracts Between Unequal Parties, Cindy Noles
Georgia Journal of International & Comparative Law
No abstract provided.
The Recognition And Enforcement Of Foreign Country Judgments And Arbitral Awards: A North-South Perspective,
2015
University of Georgia School of Law
The Recognition And Enforcement Of Foreign Country Judgments And Arbitral Awards: A North-South Perspective, Michael Quilling
Georgia Journal of International & Comparative Law
No abstract provided.
The Choice Of Law Clause In Contracts Between Parties Of Developing And Developed Nations,
2015
University of Georgia School of Law
The Choice Of Law Clause In Contracts Between Parties Of Developing And Developed Nations, Alice M. Vickers
Georgia Journal of International & Comparative Law
No abstract provided.
The Export Administration Act's Technical Data Regulations: Do They Violate The First Amendment?,
2015
University of Georgia School of Law
The Export Administration Act's Technical Data Regulations: Do They Violate The First Amendment?, Kenneth Kalivoda
Georgia Journal of International & Comparative Law
No abstract provided.
Host Country Taxation Of Transfer Of Technology Transactions,
2015
University of Buenos Aries
Host Country Taxation Of Transfer Of Technology Transactions, Guillermo Cabanellas, Luis Bertone
Georgia Journal of International & Comparative Law
No abstract provided.
International Arbitration: Demographics, Precision And Justice,
2015
American University Washington College of Law
International Arbitration: Demographics, Precision And Justice, Susan Franck, James Freda, Kellen Lavin, Tobias A. Lehmann, Anne Van Aaken
Contributions to Books
ICCA Congress Series No. 18 comprises the proceedings of the twenty-second Congress of the International Council for Commercial Arbitration (ICCA), held in Miami in 2014. The articles by leading arbitration practitioners and scholars from around the world address the challenges, both perceived and real, to the legitimacy of international arbitration.
The volume focusses on the twin pillars of legitimacy: justice, in procedure and outcome, and precision at every phase of the proceedings. Contributions on justice explore issues related to diversity, fairness and whether arbitral institutions can do more to foster legitimacy – based on the responses of nine international arbitral …
Investor-State Dispute Settlement, Public Interest And U.S. Domestic Law,
2015
Columbia Law School, Columbia Center on Sustainable Investment
Investor-State Dispute Settlement, Public Interest And U.S. Domestic Law, Lise Johnson, Lisa E. Sachs, Jeffrey D. Sachs
Columbia Center on Sustainable Investment Staff Publications
As negotiations are ongoing in the Trans-Pacific Partnership (TPP) and the Trans-Atlantic Trade and Investment Partnership Agreement (TTIP), CCSI staff and Jeffrey Sachs discuss the implications of investor-state dispute settlement (ISDS) for domestic law and policy, focusing on effects within the US. The paper concludes that the risks ISDS poses for domestic law are significant and unjustified, and that there are preferable policy alternatives to pursue as a means of protecting the rights of investors operating overseas.
Why Fast Track Is A Dangerous Gift To Corporate Lobbies,
2015
Columbia University, The Center for Sustainable Development
Why Fast Track Is A Dangerous Gift To Corporate Lobbies, Jeffrey D. Sachs, Lisa E. Sachs, Lise Johnson
Columbia Center on Sustainable Investment Staff Publications
The Obama Administration is now on track to get "fast track" legislation through the Senate, heading towards a close vote in the House. The end goal is to conclude two major business treaties: the Trans-Atlantic Trade and Investment Partnership Agreement (TTIP) and the Trans-Pacific Partnership Agreement (TPP). The House Democrats are right to withhold their support until key treaty positions favored by the White House are dropped.
