Global Procurement Law In Times Of Crisis: New Buy American Policies And Options In The Wto Legal System,
2011
Touro Law Center
Global Procurement Law In Times Of Crisis: New Buy American Policies And Options In The Wto Legal System, John Linarelli
Scholarly Works
This is a draft chapter, Sue Arrowsmith & Robert D. Anderson (eds.), The WTO Regime on Government Procurement: Challenge and Reform (Cambridge University Press, 2011). What should governments do to protect their citizens in a global economic crisis? National economies are interdependent and economic risk is systemic on a global scale, but economic policy remains pervasively national in scope. Fiscal policy has not been the subject of much in the way of collective action at the global level, and if it has, states accomplish it in ad hoc political (as opposed to legal) arrangements in response to particular crises. States …
The Anti-Counterfeiting Trade Agreement (Acta): An Assessment,
2011
University of Dayton
The Anti-Counterfeiting Trade Agreement (Acta): An Assessment, Dalindyebo Shabalala
School of Law Faculty Publications
The Anti-Counterfeiting Trade Agreement (‘ACTA’) is motivated by the perceived lack of progress of multilateral enforcement of intellectual property rights. Building on the equivalent provisions in EU and US bilateral and regional free trade agreements (FTAs), the ACTA parties sought to establish best practice international standards to which other countries could aspire or adhere. Proponents stressed the need to combat the increase in global piracy and counterfeiting, drawing on estimates of the scale of the problem, such as those from the OECD that suggested international trade in counterfeit and pirated products amounted to some $200 billion in 2005 (excluding domestically …
Russia & Legal Harmonization: An Historical Inquiry Into Ip Reform As Global Convergence And Resistance,
2011
Cornell Law School
Russia & Legal Harmonization: An Historical Inquiry Into Ip Reform As Global Convergence And Resistance, Boris N. Mamlyuk
Cornell Law Faculty Publications
This Article examines several waves of intellectual property (IP) regulation reform in Russia, starting with an examination into early Soviet attempts to regulate intellectual property. Historical analysis is useful to illustrate areas of theoretical convergence, divergence, and tension between state ideology, positive law, and "law in action." The relevance of these tensions for post-Soviet legal reform may appear tenuous. However, insofar as IP enforcement has emerged as one of the largest hurdles for Russia's prolonged accession to the World Trade Organization (WTO), these historical precedents may help explain Russia's apparent theoretical and political disconnect from the WTO. If Russian policymakers …
International Antitrust Cooperation And The Preference For Nonbinding Regimes,
2011
Columbia Law School
International Antitrust Cooperation And The Preference For Nonbinding Regimes, Anu Bradford
Faculty Scholarship
Today, multinational corporations operate in increasingly international markets, yet antitrust laws regulating their competitive conduct remain national. Thus, corporations are subject to divergent antitrust regimes across the various jurisdictions in which they operate. This increases transaction costs, causes unnecessary delays, and raises the likelihood of conflicting decisions. The risks inherent in multi-jurisdictional regulatory review were prominently illustrated in the proposed GE/Honeywell acquisition, which failed following the European Union’s (“EU”) decision to prohibit the transaction despite its earlier approval in the United States. Inconsistent remedies imposed on Microsoft following parallel investigations by both the U.S. and EU authorities serve as another …
The Trans-Pacific Partnership: New Paradigm Or Wolf In Sheep's Clothing?,
2011
University at Buffalo School of Law
The Trans-Pacific Partnership: New Paradigm Or Wolf In Sheep's Clothing?, Meredith Kolsky Lewis
Journal Articles
The Office of the United States Trade Representative (USTR) is currently negotiating with seven other countries to form a new trade agreement called the Trans-Pacific Partnership (TPP). The TPP has the potential to expand into a Free Trade Agreement of the Asia-Pacific (FTAAP). At present there are several competing models for Asia-Pacific economic integration that exclude the United States entirely. In such an environment, the TPP presents the United States with a welcome opportunity, not only to participate, but also to take a leadership role in establishing the terms for a region-wide agreement. Nevertheless, the USTR must make the TPP …
The Prisoners' Dilemma Posed By Free Trade Agreements: Can Open Access Provisions Provide An Escape?,
2011
University at Buffalo School of Law
The Prisoners' Dilemma Posed By Free Trade Agreements: Can Open Access Provisions Provide An Escape?, Meredith Kolsky Lewis
Journal Articles
This article explains why free trade agreements (FTAs) that are not compliant with the spirit of GATT Article XXIV’s requirement that such agreements cover “substantially all the trade” between the parties pose serious challenges for the multilateral trading system. It notes the paradoxical behavior of WTO members in continuing to negotiate such free trade agreements to the detriment of the WTO. It characterizes this paradox as a form of Prisoners’ Dilemma, in that although members would be better off pursuing trade liberalization via the WTO, their dominant strategy is to pursue FTAs. The article goes on to propose a pragmatic …
Turkey's Accession To The Cisg: The Significance For Turkey And For Sales Transactions With U.S. Contracting Parties,
2011
Saint Louis University School of Law
Turkey's Accession To The Cisg: The Significance For Turkey And For Sales Transactions With U.S. Contracting Parties, William P. Johnson
All Faculty Scholarship
The United Nations Convention on Contracts for the International Sale of Goods (CISG) entered into force for Turkey on August 1, 2011. This article considers the significance of Turkey’s accession to the CISG as part of Turkey’s continuing engagement with systems of international trade, especially as relates to sales transactions with U.S. contracting parties. This article urges the Turkish bar to recognize that the CISG is a viable alternative to various potentially applicable bodies of domestic sales law, and the article offers some guidance regarding proper understanding and application of the CISG. This article also offers comparative analysis of some …
Private Actors And Public Governance Beyond The State: The Multinational Corporation, The Financial Stability Board And The Global Governance Order,
2011
Penn State Law
Private Actors And Public Governance Beyond The State: The Multinational Corporation, The Financial Stability Board And The Global Governance Order, Larry Cata Backer
Faculty Scholarship
Transnational corporations are at the center of extraordinary and complex governance systems that are developing outside the state and international public organizations, and beyond the conventionally legitimating framework of the forms of domestic or international hard law. Though these systems are sometimes recognized as autonomous and authoritative among its members, they are neither isolated from each other nor from the states with which they come into contact. Together these systems may begin to suggest a new template for networked governance beyond the state, but one in which public and private actors are integrated stakeholders. This provides the source of the …
Effects Of Free Trade Areas In Trade Promotion: Gravity Model Approach,
2011
Singapore Management University
Effects Of Free Trade Areas In Trade Promotion: Gravity Model Approach, Mona Jit Mui Lim
Dissertations and Theses Collection (Open Access)
Since the early 1990s, the world has seen a proliferation of Free Trade Agreements (FTAs). One of the key objectives of FTAs is to expand trade between or amongst its signatories. This study explores the intra-FTA and extra-FTA trade expansion capability of 3 types of FTA: North-North FTA (European Union (EU)-15 as a representative), North-South FTA (North America Free Trade Agreement (NAFTA) as a representative) and South-South FTA (Association of Southeast Asia Nations (ASEAN ) Free Trade Agreement (AFTA) as a representative). The study made an attempt to address the spread of such FTA-led trade expansion amongst the members and …
East Meets West: Introducing Sharia Into The Rules Governing International Arbitrations At The Bcdr-Aaa,
2011
Benjamin N. Cardozo School of Law
East Meets West: Introducing Sharia Into The Rules Governing International Arbitrations At The Bcdr-Aaa, Elana Levi-Tawil
Cardozo Journal of Conflict Resolution
As the size and complexity of international commercial transactions grow, parties to international commercial transactions are increasingly utilizing Alternative Dispute Resolution ("ADR") methods, specifically international commercial arbitration, to resolve the disputes that arise. However, since international commercial players first began to use international commercial arbitration to resolve these disputes, transnational recognition and enforcement of foreign arbitral awards has been a major issue. Since 1958, the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the "New York Convention"), an agreement executed by the United Nation's General Assembly, has vastly expanded the recognition and enforcement of foreign arbitral …
Reframing Indigenous Cultural Artifacts Disputes: An Intellectual Property-Based Approach,
2011
University of California School of Law
Reframing Indigenous Cultural Artifacts Disputes: An Intellectual Property-Based Approach, Cortelyou C. Kenney
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Understanding Exclusion Of The Cisg: A New Paradigm Of Determining Party Intent,
2011
Saint Louis University School of Law
Understanding Exclusion Of The Cisg: A New Paradigm Of Determining Party Intent, William P. Johnson
All Faculty Scholarship
The village market of old has become a global market today. The products we use or consume on a daily basis are produced all over the world. Asparagus grown in Peru, coffee beans harvested in Guatemala, shoes made in Italy, and Japanese automobiles are all readily available to consumers throughout the United States. Moreover, U.S. companies—even small U.S. companies—have their products manufactured in foreign jurisdictions where labor is cheap and the necessary raw materials are plentiful. And those U.S. companies who do manufacture their products in the United States nevertheless often obtain their parts, components, raw materials, and supplies from …
Acta's Constitutional Problems: The Treaty Is Not A Treaty,
2011
American University Washington College of Law
Acta's Constitutional Problems: The Treaty Is Not A Treaty, Sean Flynn
Scholarly Articles in Law Reviews & Journals
On the eve of the United States’ entry into the Anti-Counterfeiting Trade Agreement (“ACTA”), there is considerable confusion as to just what legal effect the agreement will have. In written answers to Senator Ron Wyden, the United States Trade Representative (“USTR”) went to lengths to describe ACTA as non-binding, asserting that “ACTA does not constrain Congress’ authority to change U.S. law,” and that it would operate only as an “Executive Agreement” that “can be implemented without new legislation.” But European negotiators have described the agreement to their legislature in very different terms, asserting that ACTA is “a binding international agreement …
The Human Element: The Impact Of Regional Trade Agreements On The Human Rights And The Rule Of Law,
2011
American University Washington College of Law
The Human Element: The Impact Of Regional Trade Agreements On The Human Rights And The Rule Of Law, Claudio Grossman
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Transparency And The Expansion Of The Wto Mandate,
2011
American University Washington College of Law
Transparency And The Expansion Of The Wto Mandate, Padideh Ala'i
Scholarly Articles in Law Reviews & Journals
No abstract provided.
The Road To Nowhere: Caterpillar V. Usinor And Cisg Claims By Downstream Buyers Against Remote Sellers,
2011
California Western School of Law
The Road To Nowhere: Caterpillar V. Usinor And Cisg Claims By Downstream Buyers Against Remote Sellers, Donald J. Smythe
Faculty Scholarship
No abstract provided.
Acta And Its Complex Politics,
2011
Texas A&M University School of Law
Acta And Its Complex Politics, Peter K. Yu
Faculty Scholarship
Written for a special issue on the politics of intellectual property, this article examines the "country club" approach the negotiating parties of the Anti-Counterfeiting Trade Agreement (ACTA) embraced to establish new and higher international intellectual property enforcement standards. It points out that the agreement is flawed not only because it is a country club agreement but also because it is a bad country club agreement.
The article then situates ACTA in the context of a recent trend of using bilateral, plurilateral and regional trade and investment agreements to circumvent the multilateral norm-setting process. It contends that this disturbing trend could …
The Google Book Settlement And The Trips Agreement,
2011
Vanderbilt University Law School
The Google Book Settlement And The Trips Agreement, Daniel J. Gervais
Vanderbilt Law School Faculty Publications
The proposed amended settlement in the Google Book case has been the focus of numerous comments and critiques. This "perspective" reviews the compatibility of the proposed settlement with the TRIPS Agreement and relevant provisions of the Berne Convention that were incorporated into TRIPS, in particular the no-formality rule, the most-favored nation (MFN) clause, national treatment obligations, and the so-called three-step test.
Golan V. Holder: A Look At The Constraints Imposed By The Berne Convention,
2011
Vanderbilt University Law School
Golan V. Holder: A Look At The Constraints Imposed By The Berne Convention, Daniel J. Gervais
Vanderbilt Law School Faculty Publications
One of the central issues in the Golan v. Holder litigation is the extent to which the United States had flexibility to tailor the protection of existing works that had fallen in the public domain when it joined the Berne Convention. This Essay argues that the Berne Convention obligates the United States as a Berne Union member to provide some degree of protection, but otherwise leaves wide latitude to set the conditions under which works in the public domain receive retroactive copyright protection. The Convention itself does not mandate that any particular level of protection be granted to such works …
Climate Change And The Wto: Expected Battlegrounds, Surprising Battles,
2011
Columbia Law School, Sabin Center for Climate Change Law
Climate Change And The Wto: Expected Battlegrounds, Surprising Battles, Daniel M. Firger, Michael B. Gerrard
Faculty Scholarship
This article examines the issue of climate change policy and international trade law. While conventional wisdom may have predicted that conflicts in trade law would emerge through climate-related protectionist measures, such as carbon tariffs on imports from countries with less stringent controls on greenhouse gas emissions, the authors point out that government support for climate-friendly technologies has in fact emerged as the primary battleground. The authors examine two recent disputes—between the United States and China and between Japan and Canada – over green subsidies and their implications for the future of clean energy.
