The Regulatory Turn In International Law,
2011
University of Cincinnati College of Law
The Regulatory Turn In International Law, Jacob Katz Cogan
Faculty Articles and Other Publications
In the post-War era, international law became a talisman for the protection of individuals from governmental abuse. Such was the success of this "humanization of international law" that by the 1990s human rights had become "part of... international political and legal culture." This Article argues that there has been an unnoticed contemporary counter trend -- the "regulatory turn in international law." Within the past two decades, states and international organizations have at an unprecedented rate entered into agreements, passed resolutions, enacted laws, and created institutions and networks, formal and informal, that impose and enforce direct and indirect international duties upon …
Introductory Remarks: An Overview Of Investment Arbitration ,
2011
Mannheimer Swartling
Introductory Remarks: An Overview Of Investment Arbitration , Joshua Fellenbaum
Global Business Law Review
The topic I was asked to speak about today is investment arbitration. For those practitioners and scholars on the panel and in the audience who have experience in investment arbitration, you know that it contains a number of complex issues and nuances, so it is quite a tall task ahead of me. What I hope to do in the next twenty to twenty-five minutes is to provide you with a broad overview of investment arbitration. We will examine the structure of investment arbitration along with the substantive and procedural issues that tend to arise in investment disputes.
Pushing The Limits Of Global Governance: Trading Rights, Censorship And Wto Jurisprudence -- A Commentary On The China-Publications Case,
2011
Wayne State University
Pushing The Limits Of Global Governance: Trading Rights, Censorship And Wto Jurisprudence -- A Commentary On The China-Publications Case, Julia Ya Qin
Law Faculty Research Publications
For decades, China has maintained State import monopoly in cultural products. The opaque State trading operations ensure a maximum level of flexibility and efficacy in the government censorship of imports. The WTO judiciary held in the China-Publicationscase that this practice is inconsistent with China's trading rights commitments under its Accession Protocol and cannot be justified by the public morals exception of the General Agreement on Tariffs and Trade. To comply with the WTO ruling, China must restructure its censorship regime, which it apparently is not prepared to do. This article analyses the implications of the WTO decision and provides a …
Why Does The Complainant Always Win At The Wto?: A Reputation-Based Theory Of Litigation At The World Trade Organization,
2011
Northwestern Pritzker School of Law
Why Does The Complainant Always Win At The Wto?: A Reputation-Based Theory Of Litigation At The World Trade Organization, Matthew C. Turk
Northwestern Journal of International Law & Business
World Trade Organization (WTO) litigation presents an empirical puzzle: complaining parties "win" close to 90 percent of cases, while standard theories of litigation predict a strong tendency towards a 50 percent plaintiff win-rate. This Article explains the high win-rate by examining the reputational costs and benefits of filing a case. The WTO's lack of centralized enforcement means that the consequence of a judgment is merely to disseminate information that alters a party's reputation for compliance with its trade obligations. Such a "reputational sanction" applies to both losing respondents and complainants. The result is that only cases with a very high …
Making Wto Remedies Work For Developing Nations: The Need For Class Actions,
2011
University of Denver
Making Wto Remedies Work For Developing Nations: The Need For Class Actions, Phoenix X.F. Cai
Sturm College of Law: Faculty Scholarship
At the heart of the WTO lies a set of rules and negotiated trade terms, such as tariffs, designed to promote trade liberalization or the removal of barriers to free trade. When a WTO member nation violates a rule or trade term, the affected nation or nations may bring a complaint under the dispute settlement procedures of the WTO.2 When nations win cases at the WTO, the preferred remedy is that the losing nation withdraws the offending measure or rule. This action is akin to stopping the embezzlement going forward. The remedy is purely prospective. If withdrawal occurs, the suit …
Turnabout Is Fair Play: The U.S. Response To Mexico’S Request For Bank Account Information,
2011
Cleveland State University
Turnabout Is Fair Play: The U.S. Response To Mexico’S Request For Bank Account Information, Kevin Presian
Global Business Law Review
This Note argues that the United States needs to come to a compromise with Mexico over Mexico’s request for information concerning interest paid by U.S. banks to residents of Mexico. The United States could ignore Mexico’s request, but that may create animosity between the two nations. Alternatively, the United States could fully comply with Mexico’s request; however, that may lead to strong opposition from the banking sector. It is in the best interest of the United States to model its compromise on the recent compromise between the United States and Switzerland. While there are issues with this compromise that would …
Letter From The Editor,
2011
American University Washington College of Law
International Commercial Arbitration In The Americas: Procedural, Evidentiary And Current Issues Washington D.C., March 4, 2009,
2011
American University Washington College of Law
International Commercial Arbitration In The Americas: Procedural, Evidentiary And Current Issues Washington D.C., March 4, 2009, Renata B. David, Jordan Miller
Arbitration Brief
No abstract provided.
The Mexican Courts And Arbitration: A New Partnership,
2011
American University Washington College of Law
The Mexican Courts And Arbitration: A New Partnership, Marco Tulio Venegas
Arbitration Brief
No abstract provided.
Factors To Be Considered Before Arbitrating In The Arab Middle East: Examples Of Religious And Legislative Constraints,
2011
American University Washington College of Law
Factors To Be Considered Before Arbitrating In The Arab Middle East: Examples Of Religious And Legislative Constraints, Radwa S. Elsaman
Arbitration Brief
No abstract provided.
2010 Amendments To The Uncitral Arbitration Rules Regarding Expert Testimony,
2011
American University Washington College of Law
2010 Amendments To The Uncitral Arbitration Rules Regarding Expert Testimony, Paul Cenoz
Arbitration Brief
No abstract provided.
Introducing Efficiency Into The 2010 Iba Rules On Evidence: Does This Create A Back Door For Introducing Additional Inefficiencies Into The System?,
2011
American University Washington College of Law
Introducing Efficiency Into The 2010 Iba Rules On Evidence: Does This Create A Back Door For Introducing Additional Inefficiencies Into The System?, Paola Sanchez
Arbitration Brief
No abstract provided.
Careers In International Commercial Arbitration,
2011
American University Washington College of Law
Careers In International Commercial Arbitration, Safina Lakhani
Arbitration Brief
No abstract provided.
Resources For International Commercial Arbitration Events,
2011
American University Washington College of Law
Resources For International Commercial Arbitration Events, International Commercial Arbitration Brief
Arbitration Brief
No abstract provided.
Remarks On The Cooperation Between The Latin American Judiciary And Arbitral Tribunals With Respect To The Taking Of Evidence,
2011
American University Washington College of Law
Remarks On The Cooperation Between The Latin American Judiciary And Arbitral Tribunals With Respect To The Taking Of Evidence, Nicolás Gamboa-Morales
Arbitration Brief
No abstract provided.
Implementation Of The New York Convention In China,
2011
American University Washington College of Law
Implementation Of The New York Convention In China, Xiaohong Xia
Arbitration Brief
No abstract provided.
Letter From The Editor,
2011
American University Washington College of Law
Case Note: France Tribunal Des Conflits 17 Mai 2010,
2011
American University Washington College of Law
Case Note: France Tribunal Des Conflits 17 Mai 2010, Alexandre Meyniel
Arbitration Brief
No abstract provided.
Mediation And The Construction Industry: Has Arbitration Failed?,
2011
American University Washington College of Law
Mediation And The Construction Industry: Has Arbitration Failed?, Nathan Burk
Arbitration Brief
No abstract provided.
Amendments To The Mexican Arbitration Statute,
2011
American University Washington College of Law
Amendments To The Mexican Arbitration Statute, Francisco González De Cossío
Arbitration Brief
No abstract provided.
