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More Than An Assertion: How United States V. Pulungan Nudged The Directorate Of Defense Trade Controls Toward Increased Transparency, Cody Jones 2012 University of Oklahoma College of Law

More Than An Assertion: How United States V. Pulungan Nudged The Directorate Of Defense Trade Controls Toward Increased Transparency, Cody Jones

Oklahoma Law Review

No abstract provided.


The Predicament Of China's "Wto-Plus" Obligation To Eliminate Export Duties: A Commentary On The China-Raw Materials Case, Julia Ya Qin 2012 Wayne State University

The Predicament Of China's "Wto-Plus" Obligation To Eliminate Export Duties: A Commentary On The China-Raw Materials Case, Julia Ya Qin

Law Faculty Research Publications

No abstract provided.


Reforming Trade Remedies, Wentong Zheng 2012 University of Florida Levin College of Law

Reforming Trade Remedies, Wentong Zheng

UF Law Faculty Publications

This article aims to restart the debate on trade remedies by offering new perspectives on the fundamental defects of the current trade remedy regime and by proposing a bold yet feasible roadmap for reforms. This article focuses on antidumping, the linchpin of trade remedies. While antidumping is being justified as a safety valve for protectionist pressures, I argue in this article that antidumping is a faulty safety valve in that it provides arbitrary levels of protection for petitioners, results in undue uncertainties for respondents, and has too low a threshold for activation. I further demonstrate that antidumping exacerbates democracy deficit …


The Criminalization Of The Theft Of Trade Secrets: An Analysis Of The Economic Espionage Act, Nicola Searle 2012 University of Abertay Dundee, Scotland, UK

The Criminalization Of The Theft Of Trade Secrets: An Analysis Of The Economic Espionage Act, Nicola Searle

IP Theory

No abstract provided.


The End Of Forgetting And "Administrative Rights" To Our Online Personas, Jamie R. Lund 2012 Saint Mary's University School of Law, San Antonio, Texas

The End Of Forgetting And "Administrative Rights" To Our Online Personas, Jamie R. Lund

IP Theory

No abstract provided.


Predicament Of China's Wto-Plus Obligation To Eliminate Export Duties: A Commentary On The China-Raw Materials Case, Julia Ya Qin 2012 Wayne State University

Predicament Of China's Wto-Plus Obligation To Eliminate Export Duties: A Commentary On The China-Raw Materials Case, Julia Ya Qin

Law Faculty Research Publications

No abstract provided.


Enforcement, Enforcement, What Enforcement?, Peter K. Yu 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 …


United States--Certain Measures Affecting Imports Of Poultry From China: The Fascinating Case That Wasn't, Donald H. Regan 2012 University of Michigan Law School

United States--Certain Measures Affecting Imports Of Poultry From China: The Fascinating Case That Wasn't, Donald H. Regan

Articles

US–Poultry (China) was the first Panel decision dealing with an origin-specific SPS measure, or with what the United States referred to as an ‘equivalence regime’. More specifically, it was the first instance in which the basis for the challenged measure was the claimed inability of the complainant country to enforce its own food-safety rules. Unfortunately, as the litigation developed, the very interesting novel issues raised by such a measure were not discussed. This essay discusses those novel issues – in particular, what sort of scientific justification or risk assessment should be required for a measure like this, and what SPS …


Securities Class Actions Against Foreign Issuers, Merritt B. Fox 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 …


Rebalancing Trips, Molly Land 2012 University of Connecticut School of Law

Rebalancing Trips, Molly Land

Faculty Articles and Papers

Application of the World Trade Organization’s dispute resolution procedures to the Agreement on Trade-Related Aspects of Intellectual Property (TRIPS) has provoked a variety of reactions over time. Initially perceived as a significant loss for developing countries, more recent responses maintain that these fears were unfounded. This Article argues that the availability of adjudication through the WTO has indeed had significant consequences for the policy space of developing countries — just not in the manner initially imagined. One of the most important yet underappreciated consequences of the decision to link trade and intellectual property has been the conflation of trade and …


The Foreign Corrupt Practices Act: Taking A Bite Out Of Bribery In International Business Transactions, Carl Pacini 2012 Fordham Law School

The Foreign Corrupt Practices Act: Taking A Bite Out Of Bribery In International Business Transactions, Carl Pacini

Fordham Journal of Corporate & Financial Law

Enforcement of the Foreign Corrupt Practices Act (“FCPA”) has reached an all-time high. FCPA violations can result in many significant costs, both monetary and non-monetary. FCPA compliance has become a top corporate governance issue and has triggered shareholder litigation, tax investigations, and money laundering probes. While many corporate managers, financial officers, board members, internal and external auditors, and forensic accountants are aware of the FCPA’s basic objectives and mandates, many may not do an adequate job of protecting their firms and/or clients from the dangerous consequences that can result from FCPA non-compliance. The purposes of this paper are to: (1) …


Beyond Labor Rights: Which Core Human Rights Must Regional Trade Agreements Protect?, Stephen Joseph Powell, Trisha Low 2012 University of Florida Levin College of Law

Beyond Labor Rights: Which Core Human Rights Must Regional Trade Agreements Protect?, Stephen Joseph Powell, Trisha Low

Richmond Journal of Global Law & Business

As World Trade Organization (“WTO”) Members relentlessly pursue new regional trade agreements to achieve even faster economic growth than the extraordinary numbers posted by global trade rules, the smaller number of parties and their greater cultural affinity have led negotiators to address the intersection of trade and human rights to an extent unparalleled in the culturally disparate and near-unmanageable, 150-plus member WTO itself. These new provisions have used trade’s huge power to improve worker rights, secure environmental protections, and make initial inroads toward defending indigenous populations from trade’s adverse effects. Employing the perspectives both of trade negotiators and students of …


Curtailing Ecosystem Exportation: Ecosystem Services As A Basis To Reconsider The Merits Of Export-Driven Agriculture In Economies Highly Dependent On Agricultural Exports, James T. Gathii, Keith H. Hirokawa 2012 Loyola University Chicago, School of Law

Curtailing Ecosystem Exportation: Ecosystem Services As A Basis To Reconsider The Merits Of Export-Driven Agriculture In Economies Highly Dependent On Agricultural Exports, James T. Gathii, Keith H. Hirokawa

Faculty Publications & Other Works

ABSTRACT Functioning ecosystems play a critical role in providing goods and services needed to sustain human life.' Water provision and filtration, biodiversity, nutrient cycling, climate regulation, and carbon sequestration are all examples of services ecosystems provide that no society could survive without.2 Yet ecosystem services have historically been taken for granted, depleted by intention or ignorance, and replaced with inadequate substitutes.' Recent research on ecosystem services has exposed the shockingly high local, regional, and global costs of losing these essential services.'


Carving Out Policy Autonomy For Developing Countries In The World Trade Organization: The Experience Of Brazil And Mexico, Alvaro Santos 2012 Georgetown University Law Center

Carving Out Policy Autonomy For Developing Countries In The World Trade Organization: The Experience Of Brazil And Mexico, Alvaro Santos

Georgetown Law Faculty Publications and Other Works

Although liberal trade and development scholars disagree about the merits of the World Trade Organization (WTO), they both assume that WTO legal obligations restrict states’ regulatory autonomy. This article argues for relaxing this shared assumption by showing that, despite the restrictions imposed by international economic law obligations, states retain considerable flexibility to carve out policy autonomy. The article makes three distinct contributions. First, it analyzes how active WTO members can, through litigation and lawyering, influence rule interpretation to advance their interests. Second, the article redefines the concept of “legal capacity” in the WTO context and introduces the term “developmental legal …


A Fundamental Flaw With Uncitral's Approach To Cross-Border Secured Transactions: The Failure To Address Creditor Due Diligence Issues, John J. Chung 2012 Roger Williams University School of Law

A Fundamental Flaw With Uncitral's Approach To Cross-Border Secured Transactions: The Failure To Address Creditor Due Diligence Issues, John J. Chung

Law Faculty Scholarship

No abstract provided.


Biopiracy In The Brazilian Amazon: Learning From International And Comparative Law Successes And Shortcomings To Help Promote Biodiversity Conservation In Brazil, Vanessa Danley 2012 Florida A&M University College of Law

Biopiracy In The Brazilian Amazon: Learning From International And Comparative Law Successes And Shortcomings To Help Promote Biodiversity Conservation In Brazil, Vanessa Danley

Florida A & M University Law Review

No abstract provided.


Cybercrime, Ronald C. Griffin 2012 Florida A & M University College of Law

Cybercrime, Ronald C. Griffin

Journal Publications

This essay recounts campaigns against privacy; the fortifications erected against them; and hi-jinx attributable to hackers, crackers, and miscreants under the Fair Credit Reporting Act.


Economic Development And The Problem With The Problem-Solving Approach, Justin Deystone 2012 University of Colorado Law School

Economic Development And The Problem With The Problem-Solving Approach, Justin Deystone

Publications

Scholars and practitioners alike have recently pointed to the idea of a "new moment" in the field of law and economic development, as well as a hope for a fruitful rethinking of political economy. The idea is that we have passed out of the period of high "neoliberalism," associated at one time with Reagan, Thatcher, and the so-called Washington Consensus and now eclipsed by the ascendance of the Obama Administration. The hope attending the new consensus is that, in the wake of neoliberal law and policy, the field of law and development might be on the verge of a new …


Dissent As Dialectic: Horizontal And Vertical Disagreement In Wto Dispute Settlement, Meredith Kolsky Lewis 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 …


International Investments Arbitration: Winning, Losing And Why, Susan D. Franck 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 …


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