Optimal International Agreement And Treatment Of Domestic Subsidy,
2012
Singapore Management University
Optimal International Agreement And Treatment Of Domestic Subsidy, Gea M. Lee
Research Collection School Of Economics
We investigate how a domestic subsidy is treated in an international agreement, when a government, having incentive to use its domestic subsidy as a means of import protection, can disguise its protective use of subsidy as a legitimate intervention with which to address a market imperfection. We show that any optimal agreement, as opposed to the conventional message of the targeting principle, restricts the home government’s freedom to select its domestic subsidy in order to increase the market-access level for foreign exporters. Our finding suggests that a proper restriction on domestic subsidy is somewhere between GATT and WTO rules.
Dissent As Dialectic: Horizontal And Vertical Disagreement In Wto Dispute Settlement,
2012
University at Buffalo School of Law
Dissent As Dialectic: Horizontal And Vertical Disagreement In Wto Dispute Settlement, Meredith Kolsky Lewis
Journal Articles
This article examines the phenomena of dissent within WTO dispute settlement panels and within Appellate Body divisions ("horizontal disagreement") and the failure of certain WTO dispute settlement panels to follow previous rulings of the Appellate Body ("vertical disagreement"). With respect to horizontal disagreement, the article responds to a recent critique of my earlier piece on the subject (The Lack of Dissent in WTO Dispute Settlement, 9 J. INT’L ECON. L. 895 (2006)). With respect to vertical disagreement, the article examines whether there are textual or normative reasons why panels should not disagree with the Appellate Body. It argues that the …
From The Periphery To The Centre: China's Participation In Wto Negotiations,
2012
Singapore Management University
From The Periphery To The Centre: China's Participation In Wto Negotiations, Henry S. Gao
Research Collection Yong Pung How School Of Law
In November 2001, China finally acceded to the World Trade Organization after a marathon accession negotiation that lasted 15 years. As China's accession coincided with the launch of the Doha Round, many commentators predicted that China's participation in the trade negotiations would have significant impacts on the Round. However, this has not proven to be the case. What have been the approaches taken by China in global trade negotiations? Why did China adopt these approaches? How did China's different negotiating approaches affect the dynamics of trade negotiations? These are the questions addressed in this article. The paper argues that China …
International Investments Arbitration: Winning, Losing And Why,
2012
American University Washington College of Law
International Investments Arbitration: Winning, Losing And Why, Susan D. Franck
Contributions to Books
In late 2008, as financial markets were crashing, the Vale Columbia Center on Sustainable International Investment launched the Columbia FDI Perspectives. The first Perspective, entitled “The FDI recession has begun,” correctly forecast an FDI recession in the following year. From that first Perspective in late 2008 to the end of 2010, the series published thirty-three concise notes on topical FDI-related issues by diverse experts in the field. The purpose of these Perspectives is to inform readers about some of the important issues and trends in the contemporary debate on FDI, and to promote a wide-ranging discussion about the policy implications …
Bring In The Nerds: Secrecy, National Security, And The Creation Of International Intellectual Property Law,
2012
Elon University School of Law
Bring In The Nerds: Secrecy, National Security, And The Creation Of International Intellectual Property Law, David S. Levine
Cardozo Arts & Entertainment Law Journal
The negotiations of the international Anti-Counterfeiting Trade Agreement and Trans Pacific Partnership Agreement have been conducted largely in secret, elevating intellectual property piracy to the level of national security concerns for purposes of accessing information through the Freedom of Information Act (FOIA). However, the level of actual secrecy has been tiered, with corporate interests enjoying far more access to negotiation information than the general public. At the same time, similar intellectual property issues were negotiated in the relative transparency of Congress' debate over the Stop Online Piracy Act and PROTECT IP Act, allowing for much greater public involvement. With national …
Market-Oriented Subnational Debt Regimes: Empowering The Developing World To Construct Infrastructure,
2012
Vanderbilt University Law School
Market-Oriented Subnational Debt Regimes: Empowering The Developing World To Construct Infrastructure, S. Samuel Young
Vanderbilt Journal of Transnational Law
Globally, as national governments continue to decentralize fiscal and governmental responsibility, the sound facilitation of subnational debt markets will play a critical role in the construction of infrastructure. However, sparse scholarship exploring the optimal legal and financial frameworks for encouraging the construction of infrastructure at the subnational level has left a number of open questions. This Note primarily provides a basic overview of subnational debt trends and policies. It first reviews subnational debt regimes, comparing market-oriented regimes with regimes with varying levels of involvement by central governments. Though not always possible, the Note concludes that market-driven incentives generally produce the …
Protecting Single Color Trademarks In Fashion After Louboutin,
2012
Benjamin N. Cardozo School of Law
Protecting Single Color Trademarks In Fashion After Louboutin, Danielle E. Gorman
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Stealing Bacardi's Thunder: Why The Patent And Trademark Office Should Stop Registering Stolen Trademarks Now,
2012
Benjamin N. Cardozo School of Law
Stealing Bacardi's Thunder: Why The Patent And Trademark Office Should Stop Registering Stolen Trademarks Now, Sarah L. Farhadian
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Possible Solutions To The Guitar Tablature Problem: Why An International Approach May Be Best For All,
2012
Benjamin N. Cardozo School of Law
Possible Solutions To The Guitar Tablature Problem: Why An International Approach May Be Best For All, Lauren Myers
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Copyright Law And The Management Of J.D. Salinger's Literary Estate,
2012
University of Washington School of Law
Copyright Law And The Management Of J.D. Salinger's Literary Estate, Kate O'Neill
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Looking At Regional Trade Agreements Through The Lens Of Gender,
2012
Saint Louis University School of Law
Looking At Regional Trade Agreements Through The Lens Of Gender, Constance Z. Wagner
All Faculty Scholarship
This article focuses on an unresolved issue within international trade law and policy, namely whether there is a need to consider gender-differentiated impacts of trade agreements and if so, how such impacts should be addressed. The author argues in favor of a gender aware approach to trade, discussing this topic within the context of regional trade agreements (“RTAs”), which are being used increasingly as a route to economic integration among nations. While there is evidence of gender-differentiated impacts of trade liberalization, there has been little progress made in advancing an agenda to address gender issues at the level of multilateral …
The Hierarchy That Wasn’T There: Elevating “Usage” To Its Rightful Position For Contracts Governed By The Cisg,
2012
Saint Louis University School of Law
The Hierarchy That Wasn’T There: Elevating “Usage” To Its Rightful Position For Contracts Governed By The Cisg, William P. Johnson
All Faculty Scholarship
Under domestic U.S. sales law, usage of trade is relevant in ascertaining the meaning of an agreement, and it can be used to supplement, qualify, or explain an agreement. However, usage of trade may not be used under domestic U.S. sales law to contradict a written agreement. Moreover, any course of performance or course of dealing between the parties will prevail over inconsistent usage of trade. The United Nations Convention on Contracts for the International Sale of Goods, or CISG, similarly provides for consideration of usage to establish the terms of the agreement between the parties, as well as to …
The U.S. Proposal For An Intellectual Property Chapter In The Trans-Pacific Partnership Agreement,
2012
American University Washington College of Law
The U.S. Proposal For An Intellectual Property Chapter In The Trans-Pacific Partnership Agreement, Sean Flynn, Brook Baker, Margot Kaminski, Jimmy Koo
Scholarly Articles in Law Reviews & Journals
This article takes advantage of the breach in the Trans-Pacific Partnership negotiation’s secrecy to contribute to a new and growing collection of published scholarship on leaked proposals for international intellectual property agreements as they are being negotiated. We begin with the general provisions of the agreement, which define its relationship to the multilateral system. We then progress to analysis of some of the most important copyright, patent and data protection, and enforcement sections of the proposal, before providing some concluding observations. Our ultimate conclusion is that the U.S. proposal, if adopted, would upset the current international framework balancing the interests …
The North American Free Trade Agreement And Its Legacy On The Resolution Of Intellectual Property Disputes,
2012
California Western School of Law
The North American Free Trade Agreement And Its Legacy On The Resolution Of Intellectual Property Disputes, James Cooper
Faculty Scholarship
This essay focuses on NAFTA and the contributions that this regional trade pact made to protect IPR and settle intellectual property (IP) disputes. It also explores the legacy of NAFTA in the context of the eventual WTO, and the rights provided by the TRIPS Agreement that was concluded as part of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) negotiations. Section II provides a brief historical background on how NAFTA fit into the world as countries began aligning themselves by creating various trade agreements. Section III surveys the provisions and legacy of NAFTA with respect to …
Enforcement, Enforcement, What Enforcement?,
2012
Texas A&M University School of Law
Enforcement, Enforcement, What Enforcement?, Peter K. Yu
Faculty Scholarship
The protection and enforcement of intellectual property rights has been a very hot topic in the past few years. From the introduction of the PROTECT IP Act of 2011 to the adoption of the Anti-Counterfeiting Trade Agreement (ACTA) to a recent U.S.-China dispute before the WTO, the topic has dominated policy debates at both the domestic and international levels. While most policymakers, industry representatives, and commentators have recognized the critical importance of intellectual property enforcement, there has been neither philosophical nor normative consensus on the appropriate norms in this area. Like three blind men trying to describe an elephant, different …
Export Pioneers In Latin America,
2012
Columbia Law School
Export Pioneers In Latin America, Charles F. Sabel, Eduardo Fernández-Arias, Ricardo Hausmann, Andrés Rodriguez-Clare, Ernesto Stein
Faculty Scholarship
Export Pioneers in Latin America analyzes a series of case studies of successful new export activities throughout the region to learn how pioneers jump-start a virtuous process leading to economic transformation. The cases of blueberries in Argentina, avocados in Mexico, and aircraft in Brazil illustrate how an initially successful export activity did not stop with the discovery of a single viable product, but rather continued to evolve. The book explores the conjecture that costly burdens to entrepreneurial self-discovery (due to the deterrent effects of imitation by competitors) have held back potential exporters in post-reform Latin America. It also considers the …
Securities Class Actions Against Foreign Issuers,
2012
Columbia Law School
Securities Class Actions Against Foreign Issuers, Merritt B. Fox
Faculty Scholarship
This Article addresses the fundamental question of whether, as a matter of good policy, it is ever appropriate that a foreign issuer be subject to the U.S. fraud-on-the-market private damages class action liability regime, and, if so, by what kinds of claimants and under what circumstances. The bulk of payouts under the U.S. securities laws arise out of fraud-on-the-market class actions – actions against issuers on behalf of secondary market purchasers of their shares for trading losses suffered as a result of issuer misstatements in violation of Rule 10b-5. In the first decade of this century, foreign issuers became frequent …
I Now Recognize You (And Only You) As Equal: An Anatomy Of (Mutual) Recognition Agreements In The Gats,
2012
Columbia Law School
I Now Recognize You (And Only You) As Equal: An Anatomy Of (Mutual) Recognition Agreements In The Gats, Juan A. Marchetti, Petros C. Mavroidis
Faculty Scholarship
There is a plethora of writings regarding mutual recognition, which has long been recognized as a useful, and potentially powerful, means to tackle regulatory barriers impeding trade in services. Paradoxically, very little attention has been paid to empirical issues regarding recognition, such as the extent of unilateral or mutual recognition around the world. Observers, from both academic and policy quarters, have therefore been left with the impression that either recognition agreements were kept relatively secret, so that their benefits would not have to be extended to third parties, or they were not really so widespread as their merits would warrant, …
Arbitrating Trade Disputes (Who's The Boss?),
2012
Columbia Law School
Arbitrating Trade Disputes (Who's The Boss?), Petros C. Mavroidis
Faculty Scholarship
World Trade Organization (“WTO”) dispute settlement has attracted a lot of interest over the years and there is a plethora of academic papers focusing on various aspects of this system. Paradoxically, there is little known about the identity of the WTO judges: since, at the end of the day, the WTO has evolved into the busiest forum litigating state-to-state disputes. There are many writings regarding the appointment process in other international tribunals. At the risk of doing injustice to many papers on this issue, we should mention the following works: Terris et al. look at various courts and especially those …
One (Firm) Is Not Enough: A Legal-Economic Analysis Of Ec-Fasteners,
2012
Peterson Institute for International Economics
One (Firm) Is Not Enough: A Legal-Economic Analysis Of Ec-Fasteners, Chad P. Brown, Petros C. Mavroidis
Faculty Scholarship
The WTO’s Appellate Body (AB) dealt with a number of issues for the first time in the Report of EC-Fasteners. Importantly, the AB discussed the consistency of the European Union (EU) regulation with the multilateral rules on the conditions for deviating from the obligation to calculate individual dumping margins. Although China formally won the argument, the AB may have opened the door to treat China as a non-market economy (NME) even beyond 2016 when China’s NME-status was thought to expire under the terms of China’s 2001 WTO Accession Protocol. The AB further dealt with numerous other issues ranging from statistical …
