Let Sleeping Dogs Lie: A Comparative Analysis Of The Dormant Commerce Clause And Internal Trade Barrier Mitigation,
2024
University of Washington School of Law
Let Sleeping Dogs Lie: A Comparative Analysis Of The Dormant Commerce Clause And Internal Trade Barrier Mitigation, Naman Patel
Washington Law Review
The Dormant Commerce Clause jurisprudence of the United States has been one of the most widely criticized doctrines of American constitutional law. However, most of these criticisms fail to consider the economic implications of the Dormant Commerce Clause, namely the benefits this doctrine has provided in facilitating internal free trade amongst the states. This Comment argues that the Dormant Commerce Clause has given American courts an effective tool to promote interstate free trade by removing state regulations that create non-tariff barriers to trade. To support this assertion, this Comment utilizes a comparative constitutional analysis to examine how the constitutional systems …
Intellectual Property, Genetic Resources, And Associated Traditional Knowledge,
2024
Texas A&M University School of Law
Intellectual Property, Genetic Resources, And Associated Traditional Knowledge, N.S. Gopalakrishnan, Srividhya Ragavan, Narendran Thiruthy
Faculty Scholarship
The recently concluded WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge mandates disclosure requirements in patent applications, thereby creating an obligation to attribute the use of genetic resources and traditional knowledge. The WIPO member countries thus have an opportunity to modify their national patent laws, so that they can effectively control genetic resources and traditional knowledge. This article examines the choices that the biodiversity-rich countries have when designing their national legal systems to implement the treaty.
Cisg,
2024
Texas A&M University School of Law
Cisg, Wayne R. Barnes
Faculty Scholarship
This survey article discusses cases during the prior year, which are decided based on one or more provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG). The CISG is a United Nations treaty that provides a uniform international sales law. It was adopted in Vienna in 1980 and went into effect in 1988. The CISG governs contracts for the international sale of goods between businesses located in different countries that have ratified the treaty. It has been adopted by 95+ countries, including major trading nations like the United States, China, and most European countries. …
Rethinking The Pharmaceutical Knowledge- Economy: Patents, The Trips Agreement, And Skewed Utilitarianism In The Evolving Ideological Paradigms,
2024
Dalhousie University Schulich School of Law
Rethinking The Pharmaceutical Knowledge- Economy: Patents, The Trips Agreement, And Skewed Utilitarianism In The Evolving Ideological Paradigms, Morris Odeh
Articles, Book Chapters, & Popular Press
The TRIPS Agreement introduced a unique globalized pharmaceutical patent economy. This article examines the social costs of this patent regime in low-income countries and makes three contributions. Firstly, it highlights how, in the early development of the patent system, nations perceived patents as privileges and displayed considerable reluctance in protecting pharmaceutical products and processes. This allowed net importers of technologies to replicate foreign innovations without the constraints of IP rights, and in some cases, invalidate unnecessary patents. However, this took a different turn towards the tail end of the 20th century when the patent norms and rules were harmonized and …
Breaking Free: Strategies For Governments On Terminating Investment Treaties And Removing Isds Provisions,
2024
Columbia Law School, Columbia Center on Sustainable Investment
Breaking Free: Strategies For Governments On Terminating Investment Treaties And Removing Isds Provisions, Ladan Mehranvar, Martin Dietrich Brauch
Columbia Center on Sustainable Investment
Our report, "Breaking Free: Strategies for Governments on Terminating Investment Treaties and Removing ISDS Provisions," is a guidebook for government officials and policymakers on the reform or exit of the investment treaty regime that is currently impeding climate action and other national and global goals. The report includes the following: (1) strategies for exiting or reforming investment treaties and the legal consequences that follow; (2) eliminating ISDS exposure in national investment laws and contracts; (3) withdrawing from the International Centre for Settlement of Investment Disputes (ICSID) Convention and the minimal legal consequences of such action; (4) examples of country- and …
China And Global Trade Order Post Ukraine War: From Value Chains To Values Chains,
2024
Singapore Management University
China And Global Trade Order Post Ukraine War: From Value Chains To Values Chains, Henry S. Gao
Research Collection Yong Pung How School Of Law
China has long been hailed as the biggest success story in economic development through integration into global value chains, especially since its accession to the WTO 20 years ago. However, it is much less well-known how China refitted the global value chain narrative to influence economic analysis and trade governance. At the same time, the value chains analysis also backfired when the U.S. tried to cut China out of its supply chains and pushed for decoupling with China, while China itself started to abuse its role in value chains for political gains. The process was further accelerated by the Ukraine …
Pengungkapan Model Mediasi Kepada Pihak Bersengketa Oleh Mediator Sebagai Pelaksanaan Prinsip Informed Consent (Kajian Mediasi Sektor Perbankan),
2024
Universitas Prasetiya Mulya
Pengungkapan Model Mediasi Kepada Pihak Bersengketa Oleh Mediator Sebagai Pelaksanaan Prinsip Informed Consent (Kajian Mediasi Sektor Perbankan), Tri Harnowo, Fahmi Shahab
Jurnal Hukum & Pembangunan
The mediation techniques commonly used by mediators are facilitative, evaluative, or hybrid models. The choice of mediation model generally depends on the complexity of the dispute, the nature of the relationship, and the expectations for further cooperation. This research examines the application and disclosure of mediation models in the banking sector. The methodology used is normative, analyzing regulations related to the application and disclosure of mediation models in the banking sector. Data collection was obtained from primary legal materials in the form of legislation, secondary legal materials such as professional codes of ethics, books, articles, and scientific journals, and tertiary …
Ratio Legis Penambahan Modal Negara Kepada Lembaga Pembiayaan Ekspor Indonesia,
2024
Universitas Gadjah Mada, Yogyakarta
Ratio Legis Penambahan Modal Negara Kepada Lembaga Pembiayaan Ekspor Indonesia, Syarif Hidayat
Jurnal Hukum & Pembangunan
Since its establishment under Law Number 2 of 2009 concerning The Indonesian Export Financing Institution (LPEI), the Indonesian Export Financing Institution has gained additional capital participation nine times between 2010 and 2021 by the passage of government regulations. The rules for extra capital in the legislation on its establishment only take the form of regulations in the event that the capital of the Indonesian Export Financing Institution is decreased by a particular amount, but the additional capital that has been carried out thus far is not meant to replace the capital deficiency. As a result, this research was undertaken to …
Assessing Inclusivity Vs. Exclusivity: Impacts On Asean Trade Facilitation And Human Security,
2024
Universitas Diponegoro
Assessing Inclusivity Vs. Exclusivity: Impacts On Asean Trade Facilitation And Human Security, Ika Riswanti Putranti, Hardi Warsono, Valeria Paganizza, Dedi Abdul Hadi, Muhammad Faizal Alfian, Muhammad Subhan, Anjani Tri Fatharini, Maula Hudaya, Muhammad Arief Zuliyan, Dewi Setiyaningsih
Indonesian Journal of International Law
The ATIGA (Association of Southeast Asian Nations Trade in Goods Agreement) is an evolution of economic cooperation among ASEAN member countries which began in 1977 with the PTA (Preferential Trade Agreement) embryonic concept and was developed in the 1990s with the CEPT (Common Effective Preferential Tariff). It has driven a significant increase in intra-trade and external trade in the Southeast Asian region. The agreement was to establish a free trade zone that provides the concept of “preferences” by reducing tariff and non-tariff barriers for member countries in order to encourage regional economic growth through trade creation and trade diversion is …
The U.N. Framework Tax Convention: Can It Bridge The North-South Divide?,
2024
University of Georgia School of Law
The U.N. Framework Tax Convention: Can It Bridge The North-South Divide?, Assaf Harpaz
Scholarly Works
The United Nations recently concluded the second session of negotiations on terms of reference for a framework convention on international tax cooperation. The framework convention presents an opportunity to multilaterally address pressing global tax issues. Its goal is to “strengthen international tax cooperation and make it fully inclusive and more effective.” The extensively negotiated terms of reference make several substantive commitments, including the fair allocation of taxing rights; tax evasion and avoidance by high-net worth individuals; sustainable development; mutual administrative assistance in tax matters; tax-related illicit financial flows; and prevention and resolution of tax disputes. The ongoing multilateral effort brings …
Urgensi Memahami Arbitrase Bagi Pemangku Kepentingan Dunia Bisnis Di Indonesia,
2024
Indonesian Arbitration Institute, Indonesia
Urgensi Memahami Arbitrase Bagi Pemangku Kepentingan Dunia Bisnis Di Indonesia, Bambang Hariyanto, Saptarini Saptarini
Jurnal Hukum & Pembangunan
Abstract The resolution of business disputes through arbitration forums is increasingly favored by the majority of business actors in Indonesia. One indication of this is the growing number of business actors, both from the private sector and state-owned enterprises, who include arbitration agreements as dispute clauses in their contracts. Arbitration has even attracted the interest of MSMEs (Micro, Small, and Medium Enterprises) as a forum to resolve their business disputes. This phenomenon ultimately highlighted the urgency for stakeholders in the business world to understand arbitration. Using normative juridical methods, this article contained a series of analyses of primary materials, including …
China In Global Digital Trade Governance: Towards A Development-Oriented Agenda?,
2024
University of Kentucky
China In Global Digital Trade Governance: Towards A Development-Oriented Agenda?, Yujia He, Ka Zeng
Patterson School of Diplomacy and International Commerce Faculty Publications
Existing literature on the behaviour of rising powers in global trade governance has yielded inconclusive evidence about their role and impact. This article contributes to this literature by examining China's role in global digital trade governance, an issue area which so far has not received sufficient scholarly attention. Specifically, it addresses the following question: as a self-proclaimed leader of the developing world in digital development, to what extent do its preferences and negotiation approach align with the interests of other developing countries? Analysing China's participation in three sets of negotiations using process tracing, the article argues that China's dual identity …
From Trade To Rights And Green Governance: Unveiling The East African Court Of Justice’S Jurisprudential Metamorphosis,
2024
University at Buffalo School of Law
From Trade To Rights And Green Governance: Unveiling The East African Court Of Justice’S Jurisprudential Metamorphosis, Mihreteab Tsighe Taye
Journal Articles
No abstract provided.
Investment Treaty Arbitration Caught In The Public-Private Law Divide,
2024
French National Centre for Scientific Research (CNRS); CERSA research centre of the University Paris-Panthéon-Assas
Investment Treaty Arbitration Caught In The Public-Private Law Divide, Catharine Titi
Michigan Journal of International Law
The ongoing reform of investor-state dispute settlement (“ISDS”) underlines the pertinence of an old question that has received various and conflicting answers: Is investment arbitration a public or private method of dispute settlement? A key criticism leveled at investment treaty arbitration is that public interest disputes are decided by a system of private justice. This article critically reviews the dominant interpretations of investment treaty arbitration as public, private, or hybrid. It argues that the subjective nature of each interpretation means that none of them can be definitively adopted. Rather, the real arguments in favor of or against arbitration lie beyond …
Several Us Trade ‘Deals’ Later, There Are Still More Questions Than Answers,
2024
Singapore Management University
Several Us Trade ‘Deals’ Later, There Are Still More Questions Than Answers, Locknie Hsu
Research Collection Yong Pung How School Of Law
For ASEAN countries, the immediate question is not whether United States President Donald Trump’s tariffs are legal but how to get greater clarity about trade agreements, says SMU law professor Locknie Hsu.
The National Security Exception At The Wto: Should It Just Be A Matter Of When Members Can Avail Of It? What About How?,
2024
London School of Economics and Political Science
The National Security Exception At The Wto: Should It Just Be A Matter Of When Members Can Avail Of It? What About How?, Mona Pinchis-Paulsen, Kamal Saggi, Petros C. Mavroidis
Faculty Scholarship
The GATT security exceptions were practically in hibernation until recently. The recent WTO disputes panel activity concerning such exceptions is characterized by a standard of review that places the accent on ‘when’ action should be taken and not so much on ‘what’ action should be taken. We see two problems with this construction. First, the ‘when’ might be a function of privileged information that those possessing it might be unwilling to divulge in a transparent manner. Second, national security is an amorphous concept, and unless we disaggregate it, it is impossible to pronounce the appropriateness of measures adopted to pursue …
The Joint Statement On E-Commerce: Is This Glass Half Empty Or Half Full?,
2024
Singapore Management University
The Joint Statement On E-Commerce: Is This Glass Half Empty Or Half Full?, Henry S. Gao
Research Collection Yong Pung How School Of Law
On July 26, 2024, participants in the Joint Statement Initiative (JSI) on E-commerce released the “stabilised text” of the Agreement on Electronic Commerce (“the agreement”) after a marathon negotiation spanning more than five years. The process leading up to what is the first global agreement on e-commerce has been rife with surprises from beginning to end. The biggest initial surprise was China’s last-minute decision to join when the negotiation was launched in January 2019: China wanted to shape the rules from the inside and avoid the cold shoulder it faced when trying to join the Trade in Services Agreement negotiations …
Oil And A Slippery Path To Conflict: Conocophillips, Guyana, And The Hostile Elephant In The Room,
2024
CUNY Bernard M Baruch College
Oil And A Slippery Path To Conflict: Conocophillips, Guyana, And The Hostile Elephant In The Room, Vivian M. Williams
Publications and Research
The increasing involvement of States and their surrogates in cross-border commercial activities has heralded an urgent need for codification of the well-established public international law rule of sovereign immunity. The problem is particularly thorny in international arbitration when corporate entities seek to enlist the courts of one State to seize the property of another state to enforce an arbitral award. The complex nature of sovereign immunity in a globalized economy and the challenge it poses for courts in the Caribbean, was highlighted in enforcement proceeding brought by oil giant, ConocoPhillips against Venezuela’s State corporations. This article therefore discusses (a) the …
Wipo General Assembly 65th: Issues Affecting The Right To Research,
2024
American University Washington College of Law
Wipo General Assembly 65th: Issues Affecting The Right To Research, Sean Flynn, Andres Izquierdo
Joint PIJIP/TLS Research Paper Series
This paper provides background and options for countries to consider in relation to items on the agenda of the 65th meeting of the WIPO General Assembly. It is prepared by the Project on Copyright the Right to Research of the Program on Information Justice and Intellectual Property, which includes the goal of sharing information and technical assistance to governments in international policy deliberations that impact the rights of scientific researchers in the digital context. The work of the WIPO General Assembly Agenda includes several matters that impact the rights of researchers. These include review of the work and recommendations of …
The Brink Of War: How Courts Avoid Injudicious Aggravation Of Tension Between Nations,
2024
CUNY Bernard M Baruch College
The Brink Of War: How Courts Avoid Injudicious Aggravation Of Tension Between Nations, Vivian M. Williams
Publications and Research
As armed conflict between nations is keeping the world on edge, there is an urgent need for courts to be more aware of how disputes before them could aggravate tension between nations. Courts exercise the sovereign powers of a country. However, there is greater overlap in an interconnected global economy where cross-border transactions are frequent. When these disputes involve state parties or pertain to acts of other states, they could make it difficult for the Executive branch of government to manage relations with hostile countries. This article examines how the doctrines of comity and judicial deference could be utilized by …
