Budding Solutions: Weeding Out Obstacles To Bankruptcy Protections For Marijuana Ventures,
2024
Penn State Dickinson Law
Budding Solutions: Weeding Out Obstacles To Bankruptcy Protections For Marijuana Ventures, Jessica Lowen
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Environmental, Social, And Governance (Esg) Reporting: Attempting To Bridge The Gap On Reporting Standards And The Need For Uniform Standards,
2024
Penn State Dickinson Law
Environmental, Social, And Governance (Esg) Reporting: Attempting To Bridge The Gap On Reporting Standards And The Need For Uniform Standards, Emilee Kula
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Data Privacy And China's “Super App” Wechat,
2024
Penn State Dickinson Law
Data Privacy And China's “Super App” Wechat, Wan Li
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
The Trips Trap Revisited,
2024
Penn State Dickinson Law
The Trips Trap Revisited, Roya Ghafele, Adam Chaddock
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Sovereignty As Responsibility With References To The Framework Of R2p,
2024
Penn State Dickinson Law
Sovereignty As Responsibility With References To The Framework Of R2p, Tor Dahl-Eriksen
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Foreword,
2024
Penn State Dickinson Law
Foreword
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Table Of Contents,
2024
Penn State Dickinson Law
Table Of Contents
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Dedication,
2024
Penn State Dickinson Law
Dedication
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Tiktok V. Montana - State Tiktok Ban Blocked By Court Based On Foreign Affairs Preemption,
2024
University of Montana School of Law
Tiktok V. Montana - State Tiktok Ban Blocked By Court Based On Foreign Affairs Preemption, Anna C. Conley
Faculty Journal Articles & Other Writings
This article examines the U.S. District Court for the District of Montana's decision to preliminarily enjoin enforcement of Montana’s state law banning TikTok, citing foreign affairs preemption. The court found that the law conflicted with federal authority under the Defense Production Act (DPA), intruded upon the federal domain of foreign affairs, and violated the dormant foreign commerce clause. The case, now on appeal to the Ninth Circuit, highlights the tension between state-level regulation and federal control over foreign relations, particularly in the context of national security concerns surrounding Chinese-owned technology platforms. The article explores the legal arguments presented by TikTok …
The Long And Short-Run Spatial Impacts Of Trade,
2024
Singapore Management University
The Long And Short-Run Spatial Impacts Of Trade, Lin Ma, Yunlong Song, Yang Tang
Research Collection School Of Economics
We explore how the spatial impacts of trade evolve over time using a dynamic spatial model that incorporates capital accumulation and skill acquisition. We show that in the short run, the spatial impacts of trade mainly depend on the initial conditions, especially the endowments of physical and human capital across locations. However, in the long run, trade shocks shape the distribution of production factors across space through factor accumulation and migration, resulting in significantly different spatial impacts. In the context of China’s WTO accession, we find that international trade is seven times more effective in driving the population towards coastal …
Data Sovereignty And Trade Agreements: Three Digital Kingdoms,
2024
Singapore Management University
Data Sovereignty And Trade Agreements: Three Digital Kingdoms, Henry S. Gao
Research Collection Yong Pung How School Of Law
For centuries, international lawyers have wrestled with the relationship between national sovereignty and international law. This is also the case of international trade law, where the tension between trade liberalization and national sovereignty culminated in the famous “Great 1994 Sovereignty Debate” between the late Prof. John Jackson and other leading scholars when the WTO came into being. As we enter the digital age, the issue of sovereignty resurfaced once again in the form of data sovereignty. In this paper, I will examine provisions in trade agreements which deal with data sovereignty issues, such as restrictions on data flow such as …
Compelling Evidence In International Commercial Arbitration After The Section 1782 Shutdown: Faa Section 7 As An Alternative Approach,
2024
University of Georgia School of Law
Compelling Evidence In International Commercial Arbitration After The Section 1782 Shutdown: Faa Section 7 As An Alternative Approach, Caroline Bailey
Georgia Law Review
The United States Supreme Court’s unanimous decision in the 2022 case ZF Automotive US, Inc. v. Luxshare, Ltd. resolved the long-disputed circuit split regarding the application of Section 1782 of Title 28 of the U.S. Code to international arbitrations. The Court’s ruling that the term “foreign or international tribunal” under Section 1782 includes only governmental or intergovernmental adjudicative bodies ended the use of Section 1782 to compel evidence located in the United States in private adjudicative bodies such as international commercial arbitrations. The Section 1782 shutdown has required arbitrators and parties to international commercial arbitrations to seek alternative legal mechanisms …
War And Ip,
2024
Brigham Young University Law School
War And Ip, Peter K. Yu
BYU Law Review
This Article examines wartime and postwar protection of intellectual property rights, with a focus on the Russo-Ukrainian War that broke out in February 2022. It begins by showing that armed conflicts are not new to the international intellectual property regime and that this regime already contains robust structural features and carefully drafted safeguards, limitations, and flexibilities to protect intellectual property rights holders during wartime. The Article then explores the international intellectual property obligations of countries that are parties to an armed conflict as well as those that are not directly involved but have imposed sanctions on belligerent states. This Article …
Copyright And Covid,
2024
American University Washington College of Law
Copyright And Covid, Sean Flynn
Joint PIJIP/TLS Research Paper Series
During the COVID-19 pandemic it became widely recognized that speedier access to patent rights should be enabled to speed global scale-up of vaccine production. This understanding was expressed in a proposal by India and South Africa that the World Trade Organization suspend multilateral intellectual property rules on COVID vaccines, treatment and containment. The original waiver proposal proposed a suspension of WTO rules on all forms of intellectual property needed for a broad range of COVID-19 response measures, including “vaccination,” “treatment,” and “containment.” The final “TRIPS Waiver,” however, was ultimately limited to a minor provision of TRIPS permitting greater use of …
The Right To Research As Guarantor For Sustainability, Innovation And Justice In Eu Copyright Law,
2024
American University Washington College of Law
The Right To Research As Guarantor For Sustainability, Innovation And Justice In Eu Copyright Law, Christophe Geiger, Bernd Justin Jütte
Joint PIJIP/TLS Research Paper Series
Research is essential for scientific, cultural, and social advancement and will be crucial for the economic and societal recovery in a post-pandemic world. Restrictions to access and use of information contained in copyright-protected expression however can constitute significant hindrances to conducting research efficiently, especially since modern research methods rely on accessing, storing and processing large amounts of digitized data. Over the last decade, copyright in the European Union (EU) has undergone a process of constitutionalization, which saw a growing importance of fundamental rights arguments in policy- and law-making, as well as in the jurisprudence of the Court of Justice of …
Corporate Governance & International Law,
2024
Washington and Lee University School of Law
Corporate Governance & International Law, Kishanthi Parella
Scholarly Articles
Stakeholder activism by nongovernmental organizations (NGOs), consumers, employees, and others can incentivize corporate managers to comply with international law on climate change, armed conflict, human rights, and access to medicine, among other issues. As such, stakeholder enforcement of international law has two distinct audiences: the corporation that is persuaded to change and fellow stakeholders who are persuaded to act. But familiar difficulties with collective action impede the success of stakeholder enforcement of international law. These challenges can compromise the ability of shareholders to monitor corporations; these same problems similarly jeopardize the ability of stakeholders to monitor corporate compliance with international …
A History Of Corporate Law Federalism In The Twentieth Century,
2024
Seattle University School of Law
A History Of Corporate Law Federalism In The Twentieth Century, William W. Bratton
Seattle University Law Review
This Article describes the emergence of corporate law federalism across a long twentieth century. The period begins with New Jersey’s successful initiation of charter competition in 1888 and ends with the enactment of the Sarbanes-Oxley Act in 2002. The federalism in question describes the interrelation of state and federal regulation of corporate internal affairs. This Article takes a positive approach, pursuing no normative bottom line. It makes six observations: (1) the federalism describes a division of subject matter, with internal affairs regulated by the states and securities issuance and trading regulated by the federal government; (2) the federalism is an …
Key Developments At The World Bank Inspection Panel (2013-2024),
2024
American University Washington College of Law
Key Developments At The World Bank Inspection Panel (2013-2024), Dilek Barlas
Perspectives
Through the lens of important cases, this essay reflects on major developments that occurred at the Panel during the tenure of the author as the Executive Secretary of the World Bank Inspection Panel and shows how the Panel has evolved to improve accessibility, has influenced overall development policies, and has become a catalyst for institutional change. The essay observes that the Panel’s success has largely been due to its structural and operational independence, reporting as it does directly to the Bank’s Board of Executive Directors. However, there are challenges facing the Panel on certain issues, including most importantly its independence, …
The China Challenge: Excluding Mexican/Chinese Evs From The United States,
2024
University of Arizona
The China Challenge: Excluding Mexican/Chinese Evs From The United States, David A. Gantz
American University International Law Review
Part II of this Article summarizes the rules applicable to trade in passenger vehicles under the USMCA and WTO rules. Part III looks at the rationale for BYD and perhaps other Chinese auto producers to build factories in Mexico. Part IV examines the legal and practical options for BYD, and other Chinese autos and SUVs assembled in Mexico to penetrate the U.S. market. It also examines the actions available to the U.S. government to exclude those imports from the United States. Part V examines the implications of the exclusion policies for the United States, China, and Mexico that appear likely …
Achieving Effective Procurement During A Global Crisis: A Study Of The Uncitral Model Law On Public Procurement And The Wto Agreement On Government Procurement,
2024
American University Washington College of Law
Achieving Effective Procurement During A Global Crisis: A Study Of The Uncitral Model Law On Public Procurement And The Wto Agreement On Government Procurement, Dmitri Goubarkov
American University International Law Review
The global nature of the COVID-19 pandemic presented unprecedented challenges for public procurement systems around the world. Governments everywhere faced an immense pressure to facilitate the rapid procurement of supplies and services needed to support overburdened health and social care systems. Speed and flexibility were needed to address the shortages of protective personal equipment, distribution of ventilators, and increased demand for medications, all of which required governments to forego traditional public procurement methods. Governments had to balance the underlying principles of their procurement systems—namely, competition, integrity, and transparency—against urgency, and do so in a way that does not erode public …
