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Editor's Note, Juliette Jackson, Bailey Nickoloff

Sustainable Development Law & Policy

Dear Readers,

For more than two decades, the Sustainable Development Law and Policy Brief (SDLP) remains true to its mission of providing innovative solutions to some of the most important legal issues related to environmental law, energy law, and natural resources law. We are honored to be the Editors-in-Chief during these unprecedented times in our history, as we witnessed a historical presidential election and now enter the third year of the COVID-19 global pandemic. Despite these unparalleled times, the SDLP staff brought our readership another great issue.

In this issue, our authors provide an in-depth analysis into current regulations and …

Law School News: Sanctions On Russia: Imperfect But Necessary 03-02-2022, Gregory W. Bowman

Life of the Law School (1993- )

No abstract provided.

Tariffs And Threats In Us Trade Policy: Debunking The Myth Of "Global Reset", Julien Chaisse, Debashis Chakraborty

Vanderbilt Journal of Transnational Law

In June 2020, the United States pushed for a "reset"of tariffs at the World Trade Organization (WTO). This move was heralded as necessary for the United States to level the uneven playing field caused by "high bound tariff rates." Ordinarily, the United States perceives trade remedies as a defensive measure. However, in this context, the United States seems to be preemptively acting against any misapplied, anti-dumping duties that it may face. For this reason, a global reset of tariffs will likely find support. It can be counterproductive for the new US administration to pursue such a strategy. If realized, it …

Foreword To The Special Issue On "Building A Sustainable Future: New Asian Regionalism In International Economic Law", Pasha L. Hsieh

Research Collection Yong Pung How School Of Law

We live in an unprecedented time, which witnesses the rapid transformation of global trade and politics. The neoliberal legal order in the post-war era has recently encountered multifaceted threats. Rising populist nationalism, US-China tensions and the COVID-19 pandemic have led to diverse forms of trade protectionism that has eroded the normative basis of international economic law. The Russian invasion of Ukraine and corresponding economic sanctions have further worsened the instability of the increasingly fragile supply chain and multilateral trading system. Amid these challenges, new Asian regionalism has emerged to shape and construct the new regional economic order. In response to …

The Eu-China Comprehensive Agreement On Investment: Between Strategic Opportunity And Strategic Autonomy, Henry S. Gao

Research Collection Yong Pung How School Of Law

This article provides a critical analysis of the EU-China Comprehensive Agreement on Investment (CAI), which was concluded in principle by the EU and China on 30 December 2020. It was hailed as “the most ambitious agreement that China has ever concluded with a third country” by the EU, and a “high-level” agreement that matches “international high-level economic and trade rules” by China. Upon a closer examination, however, such rhetoric does not appear to be warranted as the Agreement failed to add much in terms of substance. What, then, explains the rationale between the Agreement? This article argues that the key …

Mapping Sustainable Development In Investment Treaties: An Analysis Of Asean States' Practice, Mark Mclaughlin

Research Collection Yong Pung How School Of Law

The interaction between sustainable development and international investment treaties is of growing concern. Could investment protection stymie health regulation? Will States be sued for introducing measures to tackle climate change? A growing body of sustainability-related case law is evidence that arbitral tribunals balance investment obligations against States’ ability to regulate for national security, health, the environment, labour rights, transparency, and corporate social responsibility. Against this background, this paper maps sustainable development issues in 371 bilateral investment treaties (hereinafter “BITs”) concluded by the Association of Southeast Asian Nations (ASEAN) States. It finds that only 26% of these treaties make any reference …

The Roadmap To The Asean-Eu Fta In The Post-Pandemic Era, Pasha L. Hsieh

Research Collection Yong Pung How School Of Law

Relations between the Association of Southeast Asian Nations (ASEAN) and the European Union (EU) have enriched the multifaceted concept of interregionalism from legal and international relations perspectives. The article argues that the transformative ASEAN-EU frameworks have shaped the Third Interregionalism. Brussels' building-block approach envisions pathfinder agreements with individual ASEAN states as the basis for the ASEAN-EU FTA, which will help realize the EU's Indo-Paafic strategy and the ASEAN-EU Strategic Partnership. The designs of the EU's trade and investment agreements with Singapore and Vietnam are therefore critical. The article assesses core areas such as tariff liberalization and ASEAN cumulative rules of …

Is Popia Bad Business For South Africa? Comparing The Gdpr To Popia And Analyzing Popia’S Impact On Businesses In South Africa, Brea Jones

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

The Road To Independence: Historical Background, Legality, And Legitimacy Of The Proposed Secession Of The Bosnian Serbs From Bosnia And Herzegovina, Paul Pepi

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Programming A Fair Use: The Limitations Of Judicial Precedent, Patrick Misale

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Neutrality, Accommodation, Or Compromise: Comparing The Effectiveness Of Three Approaches Towards Protecting Religious Freedom, Beth Anne Patterson

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

How Uber’S Regulatory Success In The United States Slowed Its International Expansion, Grace A. Canfield

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Aboriginal Transboundary Passage Rights On Connected United States Watercourses: From Canada To Mexico, Indigenous North American Reconciliation, Christopher Mark Macneill

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Not So Respectful Consideration: The U.S. Supreme Court’S Deference Or Lack Thereof To Foreign Government Statements Of Law, Cindy G. Buys

Penn State Journal of Law & International Affairs (2012 - Present)

The amount of deference due foreign governments’ statements regarding the meaning of foreign law has long plagued U.S. courts. Courts have applied a variety of approaches in answering this question, including reliance on doctrines of international comity, respectful consideration, and Rule 44.1 of the Federal Rules of Civil Procedure. The U.S. Supreme Court recently attempted to provide additional guidance to lower courts and litigants in Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co., Ltd., where it created a new, five-factor test. However, application of this new test is likely to generate continued uncertainty and inconsistency in this area of …

China’S Defense Of Its Human Rights Policies, Daniel C.K Chow

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Table Of Contents

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Dedication

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Foreward

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Lost Grounds In Us Trade Integration, John C. Beghin

Cornhusker Economics

Growing World Trade Organization (WTO) membership and plurilateral trade agreements have increasingly occurred in the last 20 years leading to unprecedented market integration. However, in the last 5 years, the United States (US) has been diverging from its traditional role as a main driver of this integration. In contrast, Europe has been integrated progressively within itself and beyond, outpacing the US. The article documents these trends and changes. This article is based on a longer working paper and an article in EuroChoices coauthored with Jill O’Donnell.

Federally Mandated Online Sales Tax: A Logistical Solution For The Future Of E-Commerce, Daniel O'Connor

DePaul Business & Commercial Law Journal

No abstract provided.