Interim Measures Under Revised Uncitral Arbitration Rules: Comparison To Model Law Reflectsboth Greater Flexibility And Remaining Uncertainty,
2011
American University Washington College of Law
Interim Measures Under Revised Uncitral Arbitration Rules: Comparison To Model Law Reflectsboth Greater Flexibility And Remaining Uncertainty, Lee Anna Tucker
Arbitration Brief
No abstract provided.
Revising The Uncitral Arbitration Rules: Seeking Procedural Due Process Under The 2010 Uncitral Rules For Arbitration,
2011
American University Washington College of Law
Revising The Uncitral Arbitration Rules: Seeking Procedural Due Process Under The 2010 Uncitral Rules For Arbitration, David C. Sawyer
Arbitration Brief
No abstract provided.
Acta's State Of Play: Looking Beyond Transparency,
2011
American University Washington College of Law
Acta's State Of Play: Looking Beyond Transparency, Michael Geist
American University International Law Review
No abstract provided.
Acta - Risks Of Third-Party Enforcement For Access To Medinces,
2011
American University Washington College of Law
Acta - Risks Of Third-Party Enforcement For Access To Medinces, Brook K. Baker
American University International Law Review
No abstract provided.
Collateral Damage: The Impact Of Acta And The Enforcement Agenda On The World's Poorest People ,
2011
American University Washington College of Law
Collateral Damage: The Impact Of Acta And The Enforcement Agenda On The World's Poorest People , Andrew Rens
American University International Law Review
No abstract provided.
Enforcing Intellectual Property Rights By Diminishing Privacy: How The Anti-Counterfeiting Trade Agreement Jeopardizes The Right To Privacy ,
2011
American University Washington College of Law
Enforcing Intellectual Property Rights By Diminishing Privacy: How The Anti-Counterfeiting Trade Agreement Jeopardizes The Right To Privacy , Alberto J. Cerda Silva
American University International Law Review
No abstract provided.
A Trade Agreement Creating Barriers To International Trade?: Acta Border Measures And Goods In Transit ,
2011
American University Washington College of Law
A Trade Agreement Creating Barriers To International Trade?: Acta Border Measures And Goods In Transit , Henning Grosse Ruse - Khan
American University International Law Review
No abstract provided.
Acta As A New Kind Of International Ip Lawmaking,
2011
American University Washington College of Law
Acta As A New Kind Of International Ip Lawmaking, Kimberlee Weatherall
American University International Law Review
No abstract provided.
An Overview Of The Development And Current Status Of The Legal Framework For Arbitration In Brazil,
2011
American University Washington College of Law
An Overview Of The Development And Current Status Of The Legal Framework For Arbitration In Brazil, Renata B. David
Arbitration Brief
No abstract provided.
Efficient Contracting Between Foreign Investors And Host States: Evidence From Stabilization Clauses,
2011
Northwestern Pritzker School of Law
Efficient Contracting Between Foreign Investors And Host States: Evidence From Stabilization Clauses, Sam Foster Halabi
Northwestern Journal of International Law & Business
Bilateral investment treaties are agreements between sovereign states that give broad protections to investors and investments made within the jurisdiction of the other state. The prevailing view in the academy and practice is that developing countries sign bilateral investment treaties in order to reassure investors from developed states that their investments will be safe from changes in domestic law. Without these "credible commitments," investors would be deterred from making investments, depriving developing countries of foreign capital. This Article disputes that view by demonstrating that foreign investors and host states effectively contract around the risk of changes in the law. This …
Making Wto Sps Dispute Settlement Work: Challenges And Practical Solutions,
2011
Northwestern Pritzker School of Law
Making Wto Sps Dispute Settlement Work: Challenges And Practical Solutions, Eric Gillman
Northwestern Journal of International Law & Business
The Agreement on Sanitary and Phytosanitary Measures (SPS Agreement) represents an effort by the Members of the World Trade Organization (WTO) to balance competing interests in liberalizing trade, on one hand, and protecting human, animal, and plant life from risks posed by the free flow of goods on the other. SPS disputes center around a core question: Does the imported product at issue present a sufficiently serious threat to national health to warrant the imposition of trade-restrictive measures? Over twelve years and six disputes, panels and the Appellate Body (AB) have addressed this question by evaluating respondents' risk assessments. The …
Beyond Culture Vs. Commerce: Decentralizing Cultural Protection To Promote Diversity Through Trade,
2011
Northwestern Pritzker School of Law
Beyond Culture Vs. Commerce: Decentralizing Cultural Protection To Promote Diversity Through Trade, Sean A. Pager
Northwestern Journal of International Law & Business
For the past three decades, culture defenders and free traders have fought a pitched battle over global regulation of audiovisual industries, a collision of seemingly incompatible worldviews whose destructive repercussions policy-makers and scholars have struggled to contain. The battle has played out at multiple levels of international trade law, investment treaties, and UNESCO conventions. Now, the culture-trade war threatens to engulf e-commerce. Fortunately, there is a better way. The extraordinary flowering of Korean popular culture in recent decades—commonly known as the "Korean Wave"—can be traced directly to a set of decentralized policies enacted by South Korea's government in the 1990s. …
The Trade Litigant's Gauntlet: The Hanging Judge And The Teflon Tribunal,
2011
Northwestern Pritzker School of Law
The Trade Litigant's Gauntlet: The Hanging Judge And The Teflon Tribunal, Jay Charles Campbell
Northwestern Journal of International Law & Business
The two U.S. agencies charged with conducting antidumping investigations may justifiably be labeled a "hanging judge" and a "Teflon tribunal." The Department of Commerce (DOC) investigates whether foreign firms have engaged in "dumping" exports to the United States. Since assuming responsibility for dumping investigations in 1980, the DOC has found that over 90% of the firms it investigated were "guilty." Such one-sided results subject far too many foreign firms to antidumping duty orders - which impair their ability to sell to the U.S. market - and send the wrong message to the United States' trading partners. Because the U.S. antidumping …
Transparency Soup: The Acta Negotiating Process And "Black Box" Lawmaking ,
2011
Elon University School of Law & Stanford Law School
Transparency Soup: The Acta Negotiating Process And "Black Box" Lawmaking , David S. Levine
American University International Law Review
No abstract provided.
More Than Best Friends: Expansion Of Global Law Firms Into The Indian Legal Market,
2011
Northwestern Pritzker School of Law
More Than Best Friends: Expansion Of Global Law Firms Into The Indian Legal Market, Chris Vena
Northwestern Journal of International Law & Business
Over the past half century, there has been an accelerating trend towards liberalization in the legal services industry. International free trade agreements have sought to promote open markets for legal services. The United States, United Kingdom, many European countries, Australia, Japan, Russia, China, and Singapore have all opened their legal markets to foreign law firms. India is something of an anomaly in this regard. Although it has one of the world's largest economies and has benefited greatly from liberalization in many industries, India's legal industry remains closed. Competition for foreign capital with other developing nations, particularly China, makes this an …
The Revolving Door Of Emigration: The Economic Influences Of Remittances In Developing Countries,
2011
Northwestern Pritzker School of Law
The Revolving Door Of Emigration: The Economic Influences Of Remittances In Developing Countries, Laura L. Norris
Northwestern Journal of International Law & Business
Economic incentives play an integral role in many individuals' choices to leave their country of origin. While a person may independently make the decision to migrate, some governments have developed extensive programs to promote the export of workers. Developing nations often initiate such programs for the purpose of acquiring additional sources of foreign exchange and external financing, as emigrants in transnational families can play a critical role in development through remittances. Remittances to developing countries totaled $325 billion in 2010, and they will likely continue to increase along with emigration. The following Comment considers the palpable contribution remittances have on …
The North American Free Trade Agreemetn: Looking At The Binational Panel System Through The Lens Of Free Enterpresie Fund,
2011
Faulkner University Jones School of Law
The North American Free Trade Agreemetn: Looking At The Binational Panel System Through The Lens Of Free Enterpresie Fund, John J. Garman, Matthew K. Bell
Richmond Journal of Global Law & Business
This paper examines the constitutionality of the binational panels of the North American Free Trade Agreement (“NAFTA”) under the United States Constitution. Part I provides an overview of the binational panel process. Part II outlines the process for challenging the constitutionality of binational panels and the obstacles that must be overcome. Part III discusses possible violations of the Due Process Clause. Part IV analyzes the constitutionality of binational panels under Article II of the United States Constitution. Part V examines the constitutional implications of Article III with respect to the absence of judicial review. Part VI is a case-by-case analysis …
Acta’S Constitutional Problem: The Treaty Is Not A Treaty,
2011
American University Washington College of Law
Acta’S Constitutional Problem: The Treaty Is Not A Treaty, Sean Flynn
Joint PIJIP/TLS Research Paper Series
The planned entry of the U.S. into the Anti-Counterfeiting Trade Agreement (ACTA) poses a unique Constitutional problem. The problem is that the President lacks constitutional authority to bind the U.S. to the agreement without congressional consent; but that lack of authority may not prevent the U.S. from being bound to the agreement under international law. If the administration succeeds in its plan, ACTA may be a binding international treaty (under international law) that is not a treaty (under U.S. Constitutional law).
Overview Of International Arbitration In The Intellectual Property Context,
2011
Kirkland & Ellis LLP
Overview Of International Arbitration In The Intellectual Property Context, Kenneth R. Adamo
Global Business Law Review
Resolving intellectual property rights (“IPR”) issues through alternative dispute resolution (“ADR”) proceedings was a technique long-developing in many major countries. Despite the earlier presence of the Arbitration Act in United States law, the subject of use of arbitration in IPR situations, especially regarding U.S. patents, remained an open and contested issue, until the original addition of 35 U.S.C. § 294 to the U.S. Patent Act in 1982. U.S. law is now resolved in the availability of IPR arbitration as an ADR tool, either through a “pre-problem” contract, such as a license, or as a “post-problem” mechanism elected and/or established by …
Is International Arbitration Becoming Too American?,
2011
Squire, Sanders, and Dempsey
Is International Arbitration Becoming Too American?, George M. Von Mehrem, Alana C. Jochum
Global Business Law Review
This article will discuss the emerging trend of Americanization of international arbitration. As American companies and law firms become more involved in international arbitration, the process has developed to include some of the procedural techniques common to the American courtroom. But other aspects of American litigation are not part of the process. Has this made international arbitration a more effective means of resolving disputes? What should American companies and their lawyers know about the process in order to participate successfully?
