China’S Implementation Of The Un Sales Convention Through Arbitral Tribunals,
2010
Pace Law School
China’S Implementation Of The Un Sales Convention Through Arbitral Tribunals, Mark R. Shulman
Elisabeth Haub School of Law Faculty Publications
Because of China’s enormous and fast-growing economy and its increasing role in shaping global governance, the evolving rule of law system in the People’s Republic poses some of the most critical challenges and opportunities for peace and prosperity in our era. This article examines a feature of the private law system which has developed over the past three decades alongside—arguably instead of—a reliable public order for resolution of international commercial disputes. It does so by focusing on the decisions issued by China’s pre-eminent arbitral association—the China International Economic and Trade Arbitration Commission (CIETAC) in Beijing. This article examines the role …
International Adjudication: A Response To Paulus--Courts, Custom, Treaties, Regimes, And The Wto,
2010
University of Michigan Law School
International Adjudication: A Response To Paulus--Courts, Custom, Treaties, Regimes, And The Wto, Donald H. Regan
Book Chapters
I am pleased to have the opportunity to respond to Andreas Paulus’s very interesting contribution, and to elaborate on some of the matters he raises. As will be all too obvious, I am not an expert on general public international law. I undertook this assignment in the hope that I would learn something (as I have), and that I would eventually think of something useful to say (less clear). Happily, the one area of international law where I do have some expertise is the law of the World Trade Organization (WTO). The WTO is often used as an example in …
The Pitfalls Of The (Perfect) Market Benchmark: The Case Of Countervailing Duty Law,
2010
University of Florida Levin College of Law
The Pitfalls Of The (Perfect) Market Benchmark: The Case Of Countervailing Duty Law, Wentong Zheng
UF Law Faculty Publications
Markets have long been used as benchmarks for economic value in various areas of law. However, a crucial question has received less than adequate attention: what type of market should be used in the market benchmark? More specifically, given all the imperfections one typically finds in day-to-day markets, how perfect does a market have to be in order to qualify as a benchmark for economic value? This Article discusses this question using countervailing duty law as a case study. Countervailing duty law allows the United States to impose countervailing duties on imported merchandise to offset subsidies conferred by foreign governments …
United States Of America Experience With And Administrative Practice Concerning Mutual Assistance In Tax Affairs,
2010
Saint Louis University School of Law
United States Of America Experience With And Administrative Practice Concerning Mutual Assistance In Tax Affairs, Henry Ordower
All Faculty Scholarship
This report was part of the project for the 2009 meeting of the European Association of Tax Law Professors in Santiago de Compostela, Spain. The general reporter for the project was Professor Dr. Roman Seer, Ruhr Universität, Bochum, Germany. The report identifies and discusses United States cooperation with the member states of the European Union through treaties and other agreements on matters of sharing tax and taxpayer information and assisting in assembling tax information and collecting tax revenue. The United States report responds to questions that the general reporter posed and provides additional information concerning United States tax procedure.
The Challenge Of Interpreting 'Wto-Plus' Provisions,
2010
Wayne State University
The Challenge Of Interpreting 'Wto-Plus' Provisions, Julia Ya Qin
Law Faculty Research Publications
This paper seeks to address special interpretive issues raised by the China Accession Protocol, focusing on provisions that prescribe more stringent rules for China than generally applicable WTO disciplines. These ‘WTO-plus’ provisions have already been involved in several WTO disputes. In the light of these disputes, the paper analyzes the interpretive challenge presented by the Protocol and suggests that, to meet the challenge, WTO adjudicators need to embrace a more holistic and systemic interpretive approach. The paper then proposes three working principles that may help to interpret the WTO-plus provisions of the Protocol in a coherent and systematic manner.
The Impact Of The Financial Crisis On Trade And Investment,
2010
American University Washington College of Law
The Impact Of The Financial Crisis On Trade And Investment, Padideh Ala'i
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Reforming Fairness: The Need For Legal Pragmatism In The Wto Dispute Settlement Process,
2010
University of Richmond School of Law
Reforming Fairness: The Need For Legal Pragmatism In The Wto Dispute Settlement Process, Webb Mcarthur
Richmond Journal of Global Law & Business
The World Trade Organization (“WTO”) dispute settlement system is intended to be the central pillar of the international trade system by which trade disputes involving WTO member states are adjudicated, whether regarding trade in goods, services, or in intellectual property rights. However, an innocuous statement such as this, when closely considered, indicates potential problems for the system. The WTO is an international treaty-based organization, established in 1994 by 123 countries in Marrakesh, Morocco. In addition to settling disputes in international trade, the WTO is also a negotiating forum and a set of rules. The organization is more than a “table” …
The Under-Appreciated Jurisprudence Of African Regional Trade Judiciaries,
2010
Loyola University Chicago, School of Law
The Under-Appreciated Jurisprudence Of African Regional Trade Judiciaries, James T. Gathii
Faculty Publications & Other Works
No abstract provided.
African Regional Trade Agreements As Flexible Legal Regimes,
2010
Loyola University Chicago, School of Law
African Regional Trade Agreements As Flexible Legal Regimes, James T. Gathii
Faculty Publications & Other Works
No abstract provided.
Promoting Distributional Equality For Women: Some Thoughts On Gender And Global Corporate Citizenship In Foreign Direct Investment,
2010
University of Nevada, Las Vegas -- William S. Boyd School of Law
Promoting Distributional Equality For Women: Some Thoughts On Gender And Global Corporate Citizenship In Foreign Direct Investment, Rachel J. Anderson
Scholarly Works
This essay applies a legal theory of global corporate citizenship to the question of women’s distributional equality in foreign direct investment. It proposes ways that a legal theory of mandatory global corporate citizenship can expand the ways we think about regulating transnational corporations and promoting gender equality.
Unwitting Sanctions: Understanding Anti-Bribery Legislation As Economic Sanctions Against Emerging Markets,,
2010
University of Richmond
Unwitting Sanctions: Understanding Anti-Bribery Legislation As Economic Sanctions Against Emerging Markets,, Andrew B. Spalding
Law Faculty Publications
Although the purpose of international anti-bribery legislation, particularly the U.S. Foreign Corrupt Practices Act (FCPA), is to deter bribery, empirical evidence demonstrates a problematic collateral effect. In countries where bribery is perceived to be relatively common, the present enforcement regime goes beyond the deterrence of bribery, and ultimately deters investment. Drawing on literature from political science and economics, this Article argues that anti-bribery legislation, as presently enforced, functions as de facto economic sanctions. A detailed analysis of the history of FCP A enforcement shows that these sanctions most often occur in emerging markets, where historic opportunities for economic and social …
Class Actions In The European Union?: Importing Lessons Learned From The United States' Experience Into European Community Competition Law,
2010
Benjamin N. Cardozo School of Law
Class Actions In The European Union?: Importing Lessons Learned From The United States' Experience Into European Community Competition Law, Tiffany Chieu
Cardozo Journal of International and Comparative Law
The note argues that the European Union (EU) needs to establish an effective collective redress mechanism to address the challenges faced by victims of anticompetitive practices, who currently struggle to obtain adequate compensation. While the European Commission has proposed opt-in collective redress and representative actions, the note contends that an opt-out mechanism, akin to the U.S. class action system, would better deter wrongdoing and enhance compensation without fostering excessive litigation. The EU can draw lessons from the U.S. experience but must tailor its approach to avoid the pitfalls of a litigious culture.
Obama's First Trade War: The Us-Mexico Cross-Border Trucking Dispute And The Implications Of Strategic Cross-Sector Retaliation On U.S. Compliance Under Nafta,
2010
University of Richmond
Obama's First Trade War: The Us-Mexico Cross-Border Trucking Dispute And The Implications Of Strategic Cross-Sector Retaliation On U.S. Compliance Under Nafta, Bryan J. Soukup
Law Student Publications
Mexico's recent decision to employ strategic cross-sector retaliation against the US in response to the US suspension of the 2007 Cross-Border Trucking Development pilot program is a significant development in NAFTA relations. Never before has a NAFTA member imposed sanctions in this way to pressure a fellow member to comply with its NAFTA obligations. To date, this remedy has been utilized only in two WTO cases. In both these asymmetric disputes, the larger stat either withdrew the offending trade measure or modified its commitments to avoid the political fallout of targeted sanctions back home in unrelated industry sectors. The WTO's …
A Green Road To Development: Environmental Regulations And Developing Countries In The Wto,
2010
University of Colorado Law School
A Green Road To Development: Environmental Regulations And Developing Countries In The Wto, Jonathan Skinner
Publications
The WTO framework can accommodate enforceable environmentally protective measures.
Hostile Takeover Bids In Japan? Understanding Convergence Using The Layered Approach,
2010
University of British Columbia
Hostile Takeover Bids In Japan? Understanding Convergence Using The Layered Approach, Michael Cody
Richmond Journal of Global Law & Business
No abstract provided.
Eliminating Trade Remedies From The Wto: Lessons From Regional Trade Agreements,
2010
Georgetown University Law Center
Eliminating Trade Remedies From The Wto: Lessons From Regional Trade Agreements, Tania Voon
Georgetown Law Faculty Publications and Other Works
As the global financial crisis threatens to manifest in enhanced protectionism, the economic irrationality of dumping, countervailing, and global safeguard measures (so-called ‘trade remedies’) should be of increased concern to the Members of the World Trade Organization (‘WTO’). Long tolerated under the WTO agreements and perhaps a necessary evil to facilitate multilateral trade liberalisation, elimination of trade remedies is far from the agenda of WTO negotiators. However, a small number of regional trade agreements offer a model for reducing the use of trade remedies among WTO Members in the longer term, consistent with WTO rules and broader public international law.
Systemic Regulation Of Global Trade And Finance: A Tale Of Two Systems,
2010
Georgetown University Law Center
Systemic Regulation Of Global Trade And Finance: A Tale Of Two Systems, R. Michael Gadbaw
Georgetown Law Faculty Publications and Other Works
The recent financial crisis has put enormous strains on the global systems governing international finance and trade. These two important international regulatory systems, created after World War II to promote growth and stability in the global economy, were put to the test in ways unprecedented since the 1930s. This article seeks to analyze and compare their performance as systemic regulators in the course of the crisis and concludes that the trading system performed quite well while the financial system virtually collapsed. This article seeks to account for this difference by looking at the nature of the rules and the institutions …
Toward Internationally Regulated Goods: Controlling The Trade In Small Arms And Light Weapons,
2010
Visiting Professor, Cornell Law School
Toward Internationally Regulated Goods: Controlling The Trade In Small Arms And Light Weapons, Asif Efrat
Cornell Law Faculty Publications
Contrary to the general trend of trade liberalization, specific goods—such as small arms, drugs, and antiquities—have come under increasing international control in recent decades through a set of international regulatory agreements. This article offers a theoretical framework of government preferences on the international regulation of these goods. Departing from conventional models of trade policy, the theoretical framework introduces negative externalities, rather than protection, as the motivation for restricting trade; it also takes moral concerns into account. I test this framework empirically through an original survey of government views on international small-arms regulation. Based on interviewing officials from 118 countries, the …
Globalization And The Border: Trade, Labor, Migration, And Agricultural Production In Mexico,
2010
Cornell Law School
Globalization And The Border: Trade, Labor, Migration, And Agricultural Production In Mexico, Chantal Thomas
Cornell Law Faculty Publications
The debate over immigration policy in the United States has reached a crescendo in recent years, with particular concern over illegal workers and their impact on social well-being in this country. Yet in the prevailing analysis of this issue, the relationship between immigration and contemporary international trade policy is often overlooked. In particular, few commentators recognize or understand that a significant part of the surge in illegal labor from Mexico--the source of the majority of undocumented workers in the United States—stems from reforms that Mexico undertook in cooperation with the United States to liberalize trade flows across the Mexico-United States …
When The Wto Works, And How It Fails,
2010
Columbia Law School
When The Wto Works, And How It Fails, Anu Bradford
Faculty Scholarship
This Article seeks to explain when an international legal framework like the WTO can facilitate international cooperation and when it fails to do so. Using an empirical inquiry into different agreements that the WTO has attempted to facilitate — specifically, intellectual property and antitrust regulation — it reveals more general principles about why the WTO can facilitate agreement in some situations and not in others. Comparing the successful conclusion of the TRIPS Agreement and the failed attempts to negotiate a WTO antitrust agreement indicates that international cooperation is likely to emerge when the interests of powerful states align and when …
