International Trade Law Commons^™

Trade, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Provides a historical overview of analysis of U.S. foreign trade policy during the early decades of the country's history. Examines bilateral U.S. trade relations with France and Great Britain, provides import and export statistics, details on commodities and products imports and exported, trade statistics, and information on the political and economic factors shaping U.S. trade during this period.

Brief For Amicus Curiae Law Professors And Scholars In Support Of Apellee, In Authors Guild V. Google, Inc., Michael W. Carroll, Brandon Butler, Meredith Jacob

Joint PIJIP/TLS Research Paper Series

No abstract provided.

An Overview Of The International Treatment Of Exceptions, Eric Schwartz

Joint PIJIP/TLS Research Paper Series

This article is intended as a very brief overview and history of the international treatment of “fair use” or its equivalent — that is, a general summary of the treaty obligations and national law exceptions (in statute or by common law) to the exclusive rights of authors and owners of copyrights.

Legitimacy And Impartiality In A Sovereign Debt Workout Mechanism, Odette Lienau

Cornell Law Faculty Publications

Particularly in light of recent developments in sovereign debt litigation, there is a pressing need for discussion of more robust sovereign debt restructuring mechanisms. This paper contends that any sovereign debt workout mechanism (DWM) should embody the principles of legitimacy and impartiality, to the extent possible, in order to garner the stable and long-term adherence of international stakeholders. These two elements are important both for attracting support ex ante, i.e. in the initial development of any treaty, ad hoc, or soft law restructuring mechanism, and for ensuring ex post that a DWM is ultimately utilized by states and their creditors. …

Multipolarity, Intellectual Property, And The Internationalization Of Public Health Law, Sam F. Halabi

Michigan Journal of International Law

The cause of global health today is arguably the most influential human rights movement ever seen, mobilizing vast flows of direct and indirect aid to the developing world to fight disease and build health care infrastructure; prompting the establishment of international organizations like UNAIDS and the Global Fund to fight AIDS, Tuberculosis and Malaria (Global Fund); including global health as a priority in major diplomatic summits; and driving the formation and implementation of international agreements to address global health threats. Champions of this movement claim that the diverse and influential state and non-state actors participating in the development of the …

The Agreement On Trade Facilitation And Its Implications: An Interpretative Perspective, Heng Wang

Research Collection Yong Pung How School Of Law

As a highly compromising and flexible agreement, the Agreement on Trade Facilitation (hereinafter “TFA” or “the agreement”) may shed light on the future direction of the world trade regime. Going beyond the tariffs and border, the agreement is featured with good governance requirements. Its delicate relationship with free trade agreements (hereinafter “FTAs”), the domestic law, and existing World Trade Organization (hereinafter “WTO”) agreements deserves attention and carries important implications. What is the relationship between of the TFA and non-WTO rules? How do existing WTO agreements apply to the TFA explicitly or implicitly? What is the interpretative challenge? In addressing these …

Administrative Deference To Liberalizing And Maintaining Free Trade: An Argument For Allowing The Department Of Commerce To Bestow Retroactively Calculated Remedies Upon Importers Under Section 129(C)(1) Of The Uruguay Round Agreements Act, Daniel J. Olds

Georgia Journal of International & Comparative Law

No abstract provided.

The Depth Of The Trade In Services Agreement, Harold Godsoe

Brigham Young University International Law & Management Review

No abstract provided.

A Historical Look At International Trade, Then And Now, Joel C. Williams Jr.

Mercer Law Review

Today, when we talk about international trade, what do we think of? Do we envision those cargo ships that steam up the Savannah River, or do we harken back to the early Macedonians-some of the world's earliest international traders? Or, you may think of FedEx and UPS as they wing their way to foreign countries to deliver goods and services. Conversely, we might think of the hearty band of traders out of Mesopotamia, who crossed over the steppe region on what became known as the "Silk Road" to trade the various goods manufactured in the Fertile Crescent for the silks …

Putting The Specter Of Double Counting To Rest: How Public Law 112-99 Resolves The Issue Of Double Counting In Concurrent Countervailing And Non-Market Economy Antidumping Investigations, Stephanie E. Hartmann

Brigham Young University International Law & Management Review

No abstract provided.

China's Anti-Dumping Regime And Compliance With Anti-Dumping Principles: An Analysis Using Agricultural Dumping Case Studies, Adam Soliman

University of Miami International and Comparative Law Review

The paper assesses China's anti-dumping regime, one of the important structures implemented by China in order to become a full member of the World Trade Organization (WTO). Section One sets forth the WTO's anti-dumping principles as well as analyzes the differences between the WTO principles and the definition of "dumping" as understood by economists. In significant respects, the WTO principles allow situations that do not actually constitute dumping-in an economic sense-to be treated as "dumping," leading to the imposition of duties and sanctions. Next, the paper evaluates the degree to which the separate anti-dumping regimes of China and the U.S. …

O Brave New World: Where Angels Fear To Trade, Mark L. Jones

Mercer Law Review

It has been my distinct privilege and pleasure to serve once again as the Faculty Coordinator for the Mercer Law Review Symposium. This year the Symposium was held at Mercer University Law School on Friday, October 11, 2013 on the topic "Current Trends in International Trade and Their Impact on Multinational Business." Co-sponsors with the Law School included the Mercer School of Business and Economics, the law firm of Bryan Cave LLP, and the Institute of Continuing Legal Education (ICLE) of Georgia. It was also my great privilege and pleasure to work with the members of the Symposium planning committee …

Export Control Reform Where Are We Now?, Mark J. Sundahl, Jon P. Yormick

Law Faculty Articles and Essays

No abstract provided.

From Legalized Business Ethics To International Trade Regulation: The Role Of The Foreign Corrupt Practices Act And Other Transnational Anti-Bribery Regulations In Fighting Corruption In International Trade, Eric C. Chaffee

Mercer Law Review

The Foreign Corrupt Practices Act of 1977 (FCPA) has never had a clearly defined place in American law. Part of the problem is the enigmatic nature of the FCPA itself. Codified in scattered provisions among the statutes of the Securities Exchange Act of 1934 (Exchange Act), the FCPA contains provisions requiring companies issuing securities registered with the Securities and Exchange Commission (SEC) to maintain both accurate books and records and adequate internal accounting controls.? In addition, the FCPA also has provisions rendering unlawful transnational bribery, in other words, bribes paid directly and indirectly by individuals and entities residing or operating …

How Trade Law Changed: Why It Should Change Again, John Linarelli

Mercer Law Review

One of the most enjoyable moments I have as an academic lawyer is when students, who have had limited exposure to the law on international economics and commerce, have the profound moment when they realize how many rules and institutions are at work in these fields. Students seem to come into the course thinking international exchange occurs in a Hobbesian state of nature. A few weeks into the course, I start to ask for the students' views on whether the law is more developed internationally than domestically. Their attempts to answer this question become an opportunity to reflect on the …

Globalization, Trade, And The Impact Of Customs Initiatives On Global Supply Chains, Todd R. Benson

Mercer Law Review

The United Parcel Service (UPS) is a major participant in world trade, with a simply stated purpose: "to enable global commerce." Serving more than 220 countries and territories worldwide, UPS is directly involved with the movement of goods, information, and funds,' essential elements of international trade.

Increased globalization and trade means the movement of goods and commodities to virtually anywhere in the world. Because of the benefits from trade and the genuine needs for goods and supply-chain services around the world, there are good reasons to be concerned about factors that impede trade.' These factors may be direct impediments such …

Emerging Market Challenges: Moving Beyond Trade To Promote The Middle Class And Avoid The Middle-Income Trap, Penelope B. Prime

Mercer Law Review

The rise of the middle class around the world is seen by many as the next frontier in business opportunities. In fact, the concept of "emerging markets" is closely associated with the likelihood of a rapid rise in middle-class incomes; in other words, a large "internal market potential" or an "increasing purchasing power among consumers." One report by McKinsey & Company estimated that annual private spending in emerging markets will reach $30 trillion by 2025. It has been estimated that global consumers and proportional spending will increase from 1.8 billion people spending $21 trillion in 2009 to 4.9 billion people …

Trademarks, Gis, And Commercial Aspects Of Wine Distribution Agreements, Sarah A. Hinchliffe

Journal of Food Law & Policy

The marketing of goods under geographical names has always been common. In addition to introducing commercial facets of wine distribution agreements, this article discusses the justifications, principles and, policies that lie behind the protection of geographical indications (GIs) for wine on an international level as well as in the Old World and, to a lesser degree, in the New World. The scope and shape of the GI system will then be scrutinized in light of its own justifications and in the light of its impact on international trade, intellectual property, and agricultural policy.

Tpp And Trans-Pacific Perplexities, Peter K. Yu

Faculty Scholarship

In the past few years, the United States has been busy negotiating the Trans-Pacific Partnership (TPP) Agreement with countries in the Asia-Pacific region. These countries include Australia, Brunei Darussalam, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam. Although it remains unclear which chapters or provisions will be included in the final text of the TPP Agreement, the negotiations have been quite controversial. In addition to the usual concerns about having high standards that are heavily lobbied by industries and arguably inappropriate for many participating countries, the TPP negotiations have been heavily criticized for their secrecy and lack …

Jlia 3:1 - The Future Of International Criminal Justice

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

No abstract provided.