Imperial Collision: Future Of China's Relations With Russia,
2024
University of Washington School of Law
Imperial Collision: Future Of China's Relations With Russia, Dongsheng Zang
Washington International Law Journal
Abstract: In April 2024, Biden Administration officials revealed that in the year 2023, about 90% of Russia’s microelectronics came from China, which Russia has used to make missiles, tanks, and aircraft. Nearly 70% of Russia’s approximately $900 million in machine tool imports in the last quarter of 2023 also came from China.[1] U.S. Secretary of State Antony Blinken recently stated at the G7 meeting that “[w]e see China sharing machine tools, semiconductors, [and] other dual-use items that have helped Russia rebuild the defense industrial base.”[2] This demonstrates how far China is willing to go in defiance of the …
China's Response To The U.S. Call For Decoupling: The Foreign Investment Law Of 2020,
2024
Ohio State University Moritz College of Law
China's Response To The U.S. Call For Decoupling: The Foreign Investment Law Of 2020, Daniel C. Chow
Washington International Law Journal
Abstract: In response to the U.S.’s calls for U.S.-China decoupling by repatriating U.S. business operations and eschewing new investments in China, China introduced the Foreign Investment Law (“FIL”) in 2020. The FIL marks a new era of foreign investment in China. It eliminates the requirement of prior government approval for all foreign-funded enterprises, including joint ventures consisting of U.S. companies and domestic Chinese state-owned enterprises. Many U.S. companies found the approval process under the previous legal regime to be time consuming, arduous, and oppressive. This process has now been replaced by a simple registration process under the FIL and the …
The Adr Movement: Theoretical Aspects And Practical Potential,
2024
University of Maine School of Law
The Adr Movement: Theoretical Aspects And Practical Potential, Craig A. Mcewen
Maine Law Review
My mission in this paper is to draw upon what we know from the active and lively domestic dispute resolution movements in the United States, Canada, and beyond to identify some of the prospects for and potential problems in developing a dispute resolution system for Canadian-United States trade disputes. Alternative dispute resolution (ADR) is flourishing in the 1980's. Increasing numbers of individuals as well as public and private programs identify their work as alternative dispute resolution. These include private mediation practitioners, ADR partners in major law firms, private organizations such as EnDispute, which will arrange mini-trials and other dispute resolution …
Privatizing Dispute Resolution Under The Free Trade Agreement: Truth Or Fancy?,
2024
University of Maine School of Law
Privatizing Dispute Resolution Under The Free Trade Agreement: Truth Or Fancy?, Leon E. Trakman
Maine Law Review
Replete with evidence of extensive forum shopping, unending discovery procedures, and countless delays in the formal adjudicatory process, the case for an alternative, more specialized medium for the resolution of trade disputes between the United States and Canada has grown more pressing. The problem, however, is in being convinced that the alternative, embodied in the proposed Canada-United States Free Trade Agreement, addresses the deficiencies in the existing medium for dispute resolution without introducing greater social and personal costs of its own. A government, in distancing itself from dispute resolution, also separates itself from the process through which social problems are …
Dispute Resolution Provisions Of The Canada-United States Free Trade Agreement,
2024
University of Maine School of Law
Dispute Resolution Provisions Of The Canada-United States Free Trade Agreement, David P. Cluchey
Maine Law Review
Dispute resolution is a major focus of the recently signed Canada-United States Free Trade Agreement. This focus was heavily influenced by two factors. The first is a significant continuing concern about the dispute resolution procedures and mechanisms under the General Agreement on Tariffs and Trade (GATT). The second factor is the general Canadian perception that trade proceedings under United States law are substantially influenced by political concerns and that under a trade agreement, Canadian businesses would need some protection from United States trade regulation. The general dispute resolution provisions of the Free Trade Agreement, which are found primarily in Chapter …
Dispute Settlement Mechanisms Under The Free Trade Agreement,
2024
University of Maine School of Law
Dispute Settlement Mechanisms Under The Free Trade Agreement, Ton J.M. Zuijdwijk
Maine Law Review
The purpose of this paper is to review the dispute settlement mechanisms that are contained in the Canada-United States Free Trade Agreement. The two countries reached agreement on the main features of the Free Trade Agreement on October 3, 1987. Thereafter, the elements of the Agreement were converted into the legal text of the Free Trade Agreement and signed by Prime Minister Mulroney and President Reagan on January 2, 1988. Legislation implementing the Free Trade Agreement has been introduced in the Parliament of Canada and in the United States Congress. In Canada the ordinary rules for legislative enactments will apply. …
Canadian Acceptance Of International Commercial Arbitration,
2024
University of Maine School of Law
Canadian Acceptance Of International Commercial Arbitration, John E.C. Brierly
Maine Law Review
A few years ago it would have been impossible to speak of Canadian "acceptance" of international commercial arbitration. Canada had not adhered to any international convention on arbitration, and Canadian legislation did not specifically regulate arbitration in commercial dealings or when it involved some non-national element. There was no federal enactment on the subject. Canadian provincial legislation, whether the civil law of Quebec or the common law of the rest of Canada, had not greatly evolved from the 19th century position expressed in legislation based upon the legal traditions of France and the United Kingdom of the same period. No …
A Canadian Perspective On U.S. Administered Protection And The Free Trade Agreement,
2024
University of Maine School of Law
A Canadian Perspective On U.S. Administered Protection And The Free Trade Agreement, Alan M. Rugman
Maine Law Review
The negotiation of the Canada-United States Free Trade Agreement over the 1986-1988 period builds upon over 130 years of bilateral trade and investment policy. With Canada's economy being roughly one-tenth the size of that of the United States, the negotiation of commercial arrangements to govern the bilateral trade and investment relationship assumes great importance in the smaller partner. The size asymmetry means that Canada, as the smaller nation, needs to secure a rules-based system rather than a power-based system in its trading relationship with the United States, which accounts for nearly 80% of its exports. Canada is also the largest …
The Reception Of Arbitration In United States Law,
2024
University of Maine School of Law
The Reception Of Arbitration In United States Law, Thomas E. Carbonneau
Maine Law Review
The willingness of any national legal system to endorse the process of arbitral adjudication can be measured by whether its governing statutory law and accompanying case law sustain the validity of arbitration agreements and limit judicial supervision of arbitral proceedings and awards—in effect, whether the laws of a nation establish a cooperative relationship between the courts and the arbitral process. On both scores, United States law on arbitration evinces a clear determination to support the process. The development of the law has given the framework of arbitral adjudication its necessary systemic autonomy. Since 1970, when the United States ratified the …
Alternative Dispute Resolution In International Trade And Business,
2024
University of Maine School of Law
Alternative Dispute Resolution In International Trade And Business, Thomas E. Carbonneau
Maine Law Review
This workshop, which was held at the University of Maine School of Law on May 27, 1987, consisted of an informal discussion among an interdisciplinary group of experts. The purpose of the workshop was to generate ideas and recommendations regarding the utility of alternative dispute resolution (ADR) in international trade and business, with special reference to Canadian-United States trade relations. The discussion also explored the possible commonalties of domestic and international dispute resolution in the hope of developing a basis for a generic alternative dispute resolution methodology.
Foreword,
2024
University of Maine School of Law
Foreword, Charles S. Colgan
Maine Law Review
The Free Trade Agreement concluded between the United States and Canada, and signed on January 2, 1988, has a number of features that distinguish it among the trade agreements of the United States. It eliminates all tariffs, reduces restrictions on business travel, and establishes ground rules for trade in services and for foreign investment. In this latter respect, the Agreement is unique among major international trade agreements of the world. But one of the most enduring aspects of the Agreement is likely to be the provisions establishing a series of dispute settlement mechanisms. This last observation would probably surprise almost …
Introduction To Symposium: Alternative Dispute Resolution In Canada-United States Trade Relations,
2024
University of Maine School of Law
Introduction To Symposium: Alternative Dispute Resolution In Canada-United States Trade Relations, George J. Mitchell
Maine Law Review
The Alternative Dispute Resolution (ADR) movement in law arose domestically as the pressures on our court system threatened to deprive individual citizens of their "day in court." Maine is a leader in the development and elaboration of the principles and practicalities that must be mastered for ADR mechanisms to function. The University of Maine School of Law symposium examining the application of ADR principles to international disputes focuses specifically on the trade relationship between the United States and Canada. But its examination of both the innovations and limitations of ADR to the resolution of international disputes is broader than this …
Questions And Answers On The Future Of Ip For Research And Innovation,
2024
American University Washington College of Law
Questions And Answers On The Future Of Ip For Research And Innovation, Sean Flynn
Joint PIJIP/TLS Research Paper Series
This paper publishes the annotated contents of an interview with PIJIP Director Sean Flynn by the staff of WIPO’s work on the Future of IP. All questions relate to the future of copyright with respect to AI assisted innovation.
Author Remuneration In The Streaming Age – Exploitation Rights And Fair Remuneration Rules In The Eu,
2024
Institute for Information Law (IViR), University of Amsterdam; Of Counsel, Bird & Bird, The Hague, The Netherlands
Author Remuneration In The Streaming Age – Exploitation Rights And Fair Remuneration Rules In The Eu, Martin Senftleben, Elena Izyumenko
Joint PIJIP/TLS Research Paper Series
The transition from linear to on-demand consumption of music, films and other copyrighted content on platforms like Spotify, Netflix and YouTube has given rise to the question whether authors and performers receive a fair share of streaming revenues. While these revenues are substantial and right holders may have the opportunity to control access to copyright-protected content on the basis of copyright protection, it is often not the creators themselves who benefit from growing streaming revenue and reinforced access controls. The issue has a global dimension. The Group of Latin American and Caribbean Countries (GRULAC) proposed that the World Intellectual Property …
Crypto & The Climate: Will Local & National Environmental Regulation Save Or Stifle The Cryptocurrency Boom?,
2024
Fordham Law School
Crypto & The Climate: Will Local & National Environmental Regulation Save Or Stifle The Cryptocurrency Boom?
Fordham Environmental Law Review
As cryptocurrencies continue to gain traction among mainstream investors and consumers, regulators and lobbyists are increasingly taking note of the potential environmental impacts of the industry. At its core, the process of mining new currency for virtual wallets is energy intensive, which can place strains on electrical grids and accelerate the impacts of climate change. However, these effects are felt very differently depending on what source of electricity the mining operation utilizes and the methodology behind the specific currency. These variable factors are on the minds of legislators and regulators as public pressure to better understand and regulate the industry …
A Shifting Focus: How Algal Turf Scrubbers (Ats) In Natural Waterways Can Prevent Toxic Blooms And Could Save The Algae Energy Industry,
2024
Fordham Law School
A Shifting Focus: How Algal Turf Scrubbers (Ats) In Natural Waterways Can Prevent Toxic Blooms And Could Save The Algae Energy Industry
Fordham Environmental Law Review
Biofuels have generated global interest among oil companies and governments. In particular, algal biofuels are slated to be more promising than traditional biofuel feedstocks, like corn and sugarcane, which are simultaneously cultivated as food products. However, the drawbacks of harvesting algae on a large industrial scale has led to intense criticism. Most critics focus on issues of sustainability, scalability of production, and the legal and ethical concerns of genetically modified crops. New research in cyanobacteria, however, illustrates algae’s potential to produce clean electricity in addition to oil, ethanol, and gasoline. Moreover, using Algal Turf Scrubbers (“ATS”) in natural waterways offers …
Why We Need A Constitutional Right To Healthy Environment In Canada,
2024
Fordham Law School
Why We Need A Constitutional Right To Healthy Environment In Canada
Fordham Environmental Law Review
The increasing demand for constitutional recognition of the right to a healthy environment (‘RTHE’) has been a matter of public concern and debate in many countries, including Canada.2 This paper asks, will a constitutional RTHE within the Canadian Constitution add any value when statutes already exist to protect the environment (and thereby health)? The present environmental statutes work towards protecting the environment, and by protecting the environment, public health can be protected.3 Together, both of them form a ‘healthy environment’, ie., an environment that fosters a healthy life.4 This paper will argue that there is additional value in recognizing a …
Hacked! North Korea's Billion-Dollar Crypto Heisting Scheme,
2024
Penn State Dickinson Law
Hacked! North Korea's Billion-Dollar Crypto Heisting Scheme, Kole Zellers
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Thinking Outside The Box: Matchmaking State Gambling Law Frameworks To International Approaches To Loot Box Regulation,
2024
Penn State Dickinson Law
Thinking Outside The Box: Matchmaking State Gambling Law Frameworks To International Approaches To Loot Box Regulation, Emerson B. Marles
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Protecting Students' Privacy: Expanding The Use Of Pseudonyms In Civil Litigation Concerning Sexual Assault At Colleges In The United States And Canada,
2024
Penn State Dickinson Law
Protecting Students' Privacy: Expanding The Use Of Pseudonyms In Civil Litigation Concerning Sexual Assault At Colleges In The United States And Canada, Cassi Epstein
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
