International Trade Law Commons^™

A Peek Behind The Scenes At The Making Of Three Decades Of Supreme Court Copyright Decisions, Jonathan Band

Joint PIJIP/TLS Research Paper Series

No abstract provided.

Prioritization Of The Draft Provisions On Procedural And Cross-Cutting Issues, Columbia Center On Sustainable Investment

Columbia Center on Sustainable Investment

Prioritization of the Draft Provisions on Procedural and Cross-Cutting Issues is a joint submission to the Secretariat's request for comments on the prioritization of the draft provisions on procedural and cross-cutting issues. The submission calls for an approach to classification and prioritization that allows Working sufficient time to address issues that are particularly pressing in ISDS reform debates, including, for instance, draft provisions 10 (shareholder claims), 12 (right to regulate), and 23 (assessment of damages and compensation).

A Greater Purpose For Icebergs: Iceberg Trade To Combat The Effects Of Climate Change, Lee A. Foden

Ocean and Coastal Law Journal

Three-fourths of the planet’s freshwater is stored in glaciers, and as the glaciers melt, humans are forfeiting their greatest freshwater resource. Climbing global temperatures, attributable to greenhouse gas emissions and climate change, accelerate glacial melt while intensifying drought and water scarcity. This Comment identifies a way to relocate our greatest freshwater resource before it melts into the salty sea. Further, this Comment discusses how an iceberg trade could ensure the right to water by creating access to freshwater for all. Finally, this Comment introduces the iceberg trade as an equitable remedy to be employed by the Paris Agreement in the …

The Public Order Of The Arctic: Problems And Prospects, Charles H. Norchi

Ocean and Coastal Law Journal

No abstract provided.

Suitability Of Goods: Obligations Of The Parties In International Sales And Purchases Case Study Of The Borecene Sales And Purchase Contract Between Kingspan (England) And Borealis (Denmark), A.D. Agung Sulistyo, Hanna Adistyana Hefni

Journal of Private International Law Studies

Globalization, which has contributed to the proliferation of international buying and selling activities, necessitates legal unification to overcome differences in the rules for buying and selling contracts enshrined in national law. Using normative legal research methods and focusing on aspects of the parties' obligations in international sales and purchase contracts, this paper compares the rules contained in Indonesia's Civil Code (KUHPerdata) and the United Nations Convention on Contracts for the International Sale of Goods (CISG). The case of a sales-purchase contract dispute between a British company group and a Danish trading company was also investigated in order to gain a …

Sino-American Sanctions Convergence?, Ryan Martinez Mitchell

Cardozo International & Comparative Law Review

The People's Republic of China is rapidly constructing a new regime for economic and diplomatic sanctions. With its Anti-Foreign Sanctions Law (AFSL) and related legislation, Beijing has taken a step towards legally formalizing the means of pressure it uses against states, organizations, or individuals seen as threatening its core interests. Meanwhile, various informal coercive measures also continue to be employed. While questions remain about their scope and future uses, Beijing has especially extolled AFSL sanctions as countermeasures to U.S. interference.

This Article undertakes a detailed examination of the new Chinese sanctions framework, its historical origins, and its role in Beijing's …

Green Public Procurement: How To Fulfill The Promise Of Decarbonizing The Hard-To-Abate Sectors, Laura Garcia Cancino, Perrine Toledano, Ingrid Zhou

Columbia Center on Sustainable Investment

Public procurement represents a significant segment of the global economy, accounting for approximately 12% of the global GDP, according to a World Bank's 2020 report. Moreover, steel and cement are among the most carbon-intensive commodities, contributing about 14-16% of global energy-related CO2 emissions. Our latest publication under the COMET initiative, Green Public Procurement: How to Fulfill the Promise of Decarbonizing the Hard-to-Abate Sectors, analyzes Green Public Procurement (GPP) and its pivotal role in decarbonizing hard-to-abate sectors like steel manufacturing.

This comprehensive study delves into how governments can use their extensive purchasing power to shift market dynamics towards low-carbon alternatives, effectively …

Reaching An Aim Differently? Corporate Social Responsibility Regulation In Australia And India, Mia Mahmudur Rahim, Mohammad Abu Sayeed

Cardozo International & Comparative Law Review

Businesses incorporate corporate social responsibility principles mainly through voluntary and mandatory approaches. Advocates of the voluntary approach believe that companies can use charitable initiatives as a management tool to meet social and environmental expectations and that mandating Corporate Social Responsibility ("CSR") would not encourage companies to prioritize anything beyond profits. Opponents argue that without legal requirements to drive social responsibility, relying on companies to self-regulate would not effectively integrate social values into corporate behaviors. Instead, they suggest that legal regulation of CSR can offer a more effective strategy. This Article examines the limitations ofthese two approaches by analyzing Australia, which …

Building Responsible And Sustainable Supply Chain Frameworks: Limits Of International Investment Law And The Csr Initiatives Taken By The Eu And China, Stefanie Schacherer

Research Collection Yong Pung How School Of Law

Supply chains play a pivotal role in global economic relations, fostering growth, employment, and poverty alleviation. Multinational enterprises (MNEs) are central actors in these chains, bearing responsibilities towards workers and the environment. Corporate Social Responsibility (CSR) standards guide MNEs in assessing the societal and environmental impacts of their activities, though these standards remain largely voluntary. Recent investment treaty practice shows a trend to incorporate CSR provisions in international investment agreements (IIAs), but such clauses fail to impose direct human rights, labour and environmental obligations on investors. Amidst this landscape, the EU and China, major players in global trade and investment, …

Penyelesaian Sengketa Investasi Internasional : Apakah Penyelesaian Dapat Dilakukan Melalui International Court Of Justice (Icj)?, Aisyah Hanifah Fathhurrohmah

Jurnal Hukum & Pembangunan

The International Court of Justice, also known as the ICJ, is the principal organ of the United Nations based in The Hague, Netherlands. This institution was established in 1945 to resolve disputes between countries peacefully. The authority of the International Court of Justice is divided into two categories: Ratione Personae jurisdiction, which pertains to who is eligible to bring a case to the ICJ, and Ratione Materiae jurisdiction, which concerns the types of disputes that the ICJ can handle. The ICJ's jurisdiction includes examining cases, providing opinions/advisories, and adjudicating disputes submitted to it. The ICJ is not limited to specific …

Rights In Conflict: Examining Investment Treaty Arbitration And Intellectual Property Rights In The Wake Of Russia’S Invasion Of Ukraine, Grace Klutke

The Journal of Business, Entrepreneurship & the Law

This article examines how the armed Ukraine-Russia conflict opened a doorway for a wave of international arbitration via corporate actions against Russia for violating BIT obligations. To provide context for the suggested BIT arbitration against Russia, this article begins with a brief discussion of the historical background of this conflict and investor-state treaty arbitration. This article next pivots to analyze the applicability of investor-state treaty arbitration to compensate lost IP investments in three parts. Part I considers how investor-state treaty arbitration function with ongoing armed conflict and which investors may initiate investor-state treaty claims. Next, Part II reports on the …

Regulatory Takings In Climate Change: Geo- Engineering One’S Way Around The Fifth Amendment, Noah Chase

Fordham Environmental Law Review

Picture yourself as the owner of a small business located in the downtown area of a large city; your business consists of a shop and an adjoining parking lot. A new regulation has just been passed which requires any owner of property within the city limits to paint all roofs and parking areas with a new reflective coating, in order to reduce the heat which is absorbed by such structures. The idea of closing your business down for this time, along with other connected issues, scares you, and you begin to wonder if your local government truly has your best …

Arizona V. Navajo Nation And Systemic Failures In The Tribal Water Allocation Scheme, Jennifer Horkovich

Fordham Environmental Law Review

When the United States Supreme Court’s decision in Arizona v. Navajo Nation was published in June 2023, Indian Country was hardly surprised with the Court’s ruling. There, the Court found that the United States had no affirmative duty to affirmatively protect the Navajo Nation’s water rights under the 1868 Treaty.1 The Court was clear: the treaty is insufficient for the Navajo’s current water needs, but the judiciary is unable to step in to find relief.2 This decision is another in a long series of cases on water allocation and the federal reserved water right, where tribes have been unable to …

Environmental Protection, Sustainability And The Prevention Of Satellite Collisions In Outer Space, Yun Zhao

Fordham Environmental Law Review

With space commercialization and privatization continuing apace, more space objects are expected to be launched and put into operation in the future, adding to the already large number of defunct satellites and space debris present in outer space. Hence, serious study should be devoted to possible mechanisms for dealing with potential collisions in outer space for the purpose of realizing environmental protection and space sustainability. In view of the inadequacy of the existing legal regime, this article explores possible such mechanisms (including a preventive mechanism, avoidance mechanism and compensation mechanism) from the perspective of interdependence theory and puts forward a …

Lawfare As A Policy Tool In Sino-American Relations: The Case Of Huawei Cfo Meng Wanzhou, Zachary S. Souders

Hatfield Graduate Journal of Public Affairs

Competition between the United States and China is at an all-time high. Despite decades of diplomacy between the East and West, recent trends suggest the two powers are drifting further apart. To understand US-China relations, it is critical to understand major developments as they occur. This paper examines the geopolitical significance of United States v. Meng (2020), an extradition case in which US authorities requested the transfer of Chinese tech executive Meng Wanzhou to American jurisdiction. Despite US policymakers declaring Meng and Huawei to be threats to national security, the eventual dismissal of all charges Meng faced presents a puzzle …

Dol Fiduciary Rule 3.0 Strikeout, Base Knock, Or Home Run?, Antolin Reiber

DePaul Business & Commercial Law Journal

No abstract provided.

Money Is Morphing - Cryptocurrency Can Morph To Be An Environmentally And Financially Sustainable Alternative To Traditional Banking, Clovia Hamilton

DePaul Business & Commercial Law Journal

No abstract provided.

Survey Evidence In Trademark Actions, Ioana Vasiu And Lucian Vasiu

DePaul Business & Commercial Law Journal

No abstract provided.

Corporate Governance And Compelled Speech: Do State-Imposed Board Diversity Mandates Violate Free Speech?, Salar Ghahramani

DePaul Business & Commercial Law Journal

No abstract provided.

The Real Persons Are The Corporations We Made Along The Way, Leonard Brahin

DePaul Business & Commercial Law Journal

No abstract provided.