Rebalancing Trips,
2012
New York Law School
Rebalancing Trips, Molly Land
Michigan Journal of International Law
Application of the World Trade Organization's (WTO) dispute resolution procedures to the Agreement on Trade-Related Aspects of Intellectual Property (TRIPS Agreement) has provoked a variety of reactions over time. At its inception, the decision to enforce the treaty through the WTO's dispute resolution process was widely viewed as a loss for developing countries. Many feared it would lead to an explosion of litigation against developing countries and cause distortions in domestic intellectual property (IP) policy making. More recent scholarship, however, has argued that these fears were unfounded. Few disputes before WTO panels have involved violations of the TRIPS Agreement, even …
U.S. And Canadian Federalism: Implications For International Trade Regulation,
2012
West Virginia University College of Law
U.S. And Canadian Federalism: Implications For International Trade Regulation, Gregory W. Bowman
West Virginia Law Review
No abstract provided.
A Pragmatic Approach To Intellectual Property And Development: A Case Study Of The Jordanian Copyright Law In The Internet Age,
2012
Queensland University of Technology
A Pragmatic Approach To Intellectual Property And Development: A Case Study Of The Jordanian Copyright Law In The Internet Age, Rami Olwan
Joint PIJIP/TLS Research Paper Series
On October 4, 2004, Brazil and Argentina requested that WIPO adopt a development-oriented approach to IP and to reconsider its work in relation to developing countries. In October, 2007, WIPO member States adopted a historic decision for the benefit of developing countries, to establish a WIPO Development Agenda. Although there have been several studies related to IP and development that call for IP laws in developing countries to be development-friendly, there is little research that attempts to provide developing countries with practical measures to achieve that goal. This article takes the copyright law in Jordan as a case study and …
The Regulation Of Online Gaming Across Jurisdictions: Success, Standards And Stability,
2012
Bemidji State University
The Regulation Of Online Gaming Across Jurisdictions: Success, Standards And Stability, Peter Nelson
Political Science Theses and Capstones
In 2005 the gaming market was worth an estimated six billion dollars, half of that represented by online gambling revenues. However not all jurisdictions (countries) regulate the industry the same. Some jurisdictions allow the industry to flourish while some go as far as banning the industry all together. I gather data on all 75 global jurisdictions that have some form of online gaming. I analyze which regulations allow the industry to prosper while maintaining quality standards, and which regulations do not work. Preliminary analysis shows that the amount of years a country has allowed online gambling, as well as the …
Beyond The Unrealistic Solution For Development Provided By The Appendix Of The Berne Convention On Copyright,
2012
Universidad de Chile
Beyond The Unrealistic Solution For Development Provided By The Appendix Of The Berne Convention On Copyright, Alberto Cerda Silva
Joint PIJIP/TLS Research Paper Series
The standards of copyright protection promoted by the Berne Convention are highly problematic for developing countries because these countries need to ensure a wide dissemination of works for teaching, scholarship, and research purposes. In order to accommodate these needs and to promote accession to this Convention, the 1971 Paris Act of the Berne Convention, included an Appendix that allowed developing countries to issue compulsory licenses for translating and/or reproducing foreign works into languages of general use in their territories. Unfortunately, the Appendix has not met the needs of developing countries, which, instead, have relied on idiosyncratic solutions. Additionally, the instrument …
Not In It For The Long Run: China's Solution For Compliance With Trips Requires More Than A Nine-Month Campaign,
2012
University of Miami Law School
Not In It For The Long Run: China's Solution For Compliance With Trips Requires More Than A Nine-Month Campaign, Devon Spencer
University of Miami International and Comparative Law Review
No abstract provided.
The Boundaries Of Most Favored Nation Treatment In International Investment Law,
2012
Brunel Law School
The Boundaries Of Most Favored Nation Treatment In International Investment Law, Tony Cole
Michigan Journal of International Law
Contemporary international investment law is characterized by fragmentation. Disputes are heard by a variety of tribunals, which often are constituted solely for the purpose of hearing a single claim. The law applicable in a dispute is usually found in a bilateral agreement, applicable only between the two states connected to the dispute, rather than in a multilateral treaty or customary international law. Moreover, the international investment community itself is profoundly divided on many issues of substantive law, meaning both that the interpretation given to international investment law by a tribunal will be determined largely by those who sit on it, …
The Interpretation Of Gats Disciplines On Economic Integration: Gats Commitments As A Threshold?,
2012
Singapore Management University
The Interpretation Of Gats Disciplines On Economic Integration: Gats Commitments As A Threshold?, Heng Wang
Research Collection Yong Pung How School Of Law
The interpretation of GATS Article V, which deals with economic integration, is of crucial importance to the growing number of economic integration agreements (EIAs) in services, in terms of dispute settlement, services negotiations, the WTO review of EIAs, the coordination between multilateralism and EIAs, and best practices in drawing up EIAs. However, the Article has received insufficient study and remains vague.This paper takes China's eight EIAs as test cases for interpreting GATS Article V and argues that GATS commitments may be an appropriate threshold for interpreting the Article, in particular the substantial sectoral coverage and elimination of discrimination requirements, which …
The Middle Kingdom And The Intellectual Property World,
2012
Texas A&M University School of Law
The Middle Kingdom And The Intellectual Property World, Peter K. Yu
Faculty Scholarship
Delivered as the keynote opening address at the Symposium on "China's Role in Regulating the Global Information Economy," this Article scrutinizes China's participation in the international intellectual property regime and its role in both the WTO and WIPO. It begins by discussing China's engagement with international intellectual property norms before its accession to the WTO in December 2001. It points out that China is not a "norm breaker" one typically infers from its disappointing record of intellectual property protection. Instead, the country should be viewed as a "norm taker," having accepted most of the WIPO-administered intellectual property treaties available for …
The Evolution Of Investment-State Dispute Resolution In Nafta And Cafta: Wild West To World Order,
2012
Pepperdine University
The Evolution Of Investment-State Dispute Resolution In Nafta And Cafta: Wild West To World Order, Jeffrey T. Cook
Pepperdine Law Review
No abstract provided.
Don't Get Bit: Addressing Icsid's Inconsistent Application Of Most-Favored-Nation Clauses To Dispute Resolution Provisions,
2012
Pepperdine University
Don't Get Bit: Addressing Icsid's Inconsistent Application Of Most-Favored-Nation Clauses To Dispute Resolution Provisions, Gabriel Egli
Pepperdine Law Review
No abstract provided.
First The Context, Later The Challenge: Commercial Mediators Interface With The Volatile International Sector,
2012
Pepperdine University
First The Context, Later The Challenge: Commercial Mediators Interface With The Volatile International Sector, William F. Lincoln
Pepperdine Dispute Resolution Law Journal
Unless we talk of international commerce, the two respective sectors in which you and I each work appear to be very separate arenas that lack any commonality. But, if we permit, a common bond indeed yearns to be acknowledged and cultivated: You and I have willingly accepted the honorable mantle as stewards of integrity, competency, and credibility of the mediation process and the profession itself. Mediation - a process which is neither pure nor scientific; a process complete with bastardizations such as mandatory mediation provisions as well as creative variations including partnering and med-arb models; a process which we regard …
A Civil Matter For A Common Expert: How Should Parties And Tribunals Use Experts In International Commercial Arbitration?,
2012
Pepperdine University
A Civil Matter For A Common Expert: How Should Parties And Tribunals Use Experts In International Commercial Arbitration?, Ruth Fenton
Pepperdine Dispute Resolution Law Journal
How should parties and tribunals use experts in international commercial arbitration? Are the common and civil law traditions blurred or blended, or should there be specific practices for international arbitration? To answer these questions, it is necessary to look at the common and civil law approaches to the use of experts in international commercial arbitration. This article will look at circumstances that may require an expert and arbitration laws and rules that assist parties and arbitrators in appointing an appropriate expert. The article highlights and discusses differences and similarities between civil and common law traditions and draws a conclusion as …
Mexico And The Settlement Of Investment Disputes: Icsid As The Recommended Option,
2012
Pepperdine University
Mexico And The Settlement Of Investment Disputes: Icsid As The Recommended Option, Bernardo Sepúlveda
Pepperdine Dispute Resolution Law Journal
The changes that have taken place in arbitration conditions, the greater fairness in the arbitration process, and the increasingly stringent qualifications to be met by arbitrators, as well as contemporary economic realities, have been instrumental in causing Mexico's about-face on its approach to arbitration. Although in certain quarters doubts remain in Mexico as to the advantages of international arbitration, it would be ill advised to ignore a legal and political reality. In signing treaties that include an arbitration clause, Mexico has assumed rights and obligations. Politically speaking, a border has already been crossed. In the face of this indisputable fact, …
Planning For International Disputes (And What Makes Them Distinctive),
2012
Pepperdine University
Planning For International Disputes (And What Makes Them Distinctive), Jack J. Coe Jr.
Pepperdine Dispute Resolution Law Journal
Interactive speech given at the Conflict Management Culture seminar, hosted by Pepperdine's Straus Institute for Dispute Resolution.
International Arbitral Appeals: What Are We So Afraid Of? ,
2012
Pepperdine University
International Arbitral Appeals: What Are We So Afraid Of? , Erin E. Gleason
Pepperdine Dispute Resolution Law Journal
This article will explore the advantages of instituting appellate mechanisms in investor-state disputes and international commercial arbitration. Part II begins with a review of the WTO Appellate Body's development and workings, followed by an analysis of other appellate procedures for international trade law arbitration, including the MERCOSUR system's Permanent Court and the Grain and Feed Trade Association's appeals process. Part III examines the current methods for reviewing investor-state arbitration awards under ICSID and NAFTA. Part III goes on to advocate for the creation of an Appeals Facility, separate from current arbitral institutions, which would be empowered to hear appeals in …
Honolulu: Geneva Of The Pacific?,
2012
Pepperdine University
Honolulu: Geneva Of The Pacific?, Robert K. Wrede
Pepperdine Dispute Resolution Law Journal
Simply stated, this paper proposes revitalization of a long dormant Hawaiian legislative plan to create a state-of-the-art facility in the Aloha State specializing in avoiding, managing and resolving international commercial conflicts using methods other than traditional litigation. The paper's premise is that a mid-Pacific facility specializing in the use of non-litigation methods for dealing with Pacific Rim transnational commercial disputes would both enhance Pacific Rim commerce, in general, and posture Hawaii as a major player in that valuable and rapidly growing sector of global affairs.
Looking Into A Crystal Ball: Courts' Inevitable Refusal To Enforce Parties' Contracts To Expand Judicial Review Of Non-Domestic Arbitral Awards,
2012
Pepperdine University
Looking Into A Crystal Ball: Courts' Inevitable Refusal To Enforce Parties' Contracts To Expand Judicial Review Of Non-Domestic Arbitral Awards, Eric Chafetz
Pepperdine Dispute Resolution Law Journal
This article will first discuss the legislative history of the NY Convention in general and the history of its vacatur provisions in particular. Second, it will summarize certain federal court decisions that address the Expansion Issues and reach the Consensus. Third, it will argue that the Expansion Issues were resolved incorrectly, because the courts addressing them do not recognize how the operative/material language in section 207 of Ch. 2 of the FAA and section 9 of Ch. 129 of the FAA has a virtually identical meaning, and therefore should have been construed and applied in the same manner. Fourth, this …
When “Not Getting Caught” Is Not Enough: Preventing Foreign Corrupt Practices Act Violations And Liability In International Project Finance,
2012
George Washington University Law School
When “Not Getting Caught” Is Not Enough: Preventing Foreign Corrupt Practices Act Violations And Liability In International Project Finance, Clinton R. Long
Pace International Law Review Online Companion
Reinhard Siekaczek, a skeptical former accountant of Siemens A.G., expressed little optimism that Siemens’ violations of German law and the U.S. Foreign Corrupt Practices Act’s (“FCPA”) prohibitions against bribing foreign officials would deter others in a world full of corruption. Siekaczek states, “[p]eople will only say about Siemens that they were unlucky and that they broke the 11th commandment. The 11th commandment is: ‘Don’t get caught.’” At Siemens, Siekaczek participated in large-scale bribery by helping maintain a budget of tens of millions of dollars per year that was dedicated to bribing foreign officials, what one bureaucrat described as the “Siemens’ …
The Sopa-Tpp Nexus,
2012
policybandwidth
The Sopa-Tpp Nexus, Jonathan Band
Joint PIJIP/TLS Research Paper Series
The controversy in the United States over the Stop Online Piracy Act (SOPA) has profound implications for the Trans-Pacific Partnership (TPP) agreement. The SOPA debate underscores the importance of striking the proper balance in intellectual property laws to promote creativity and innovation. It demonstrates that over-protection can stifle free expression and the effective operation of the Internet as a medium of communication and commerce not only within a jurisdiction, but also extraterritorially. Additionally, the debate reveals the ability of the Internet community to mobilize quickly to defeat policies that it believes threaten its existence. TPP negotiators should understand the SOPA …
