Foreword To The Special Issue On "Building A Sustainable Future: New Asian Regionalism In International Economic Law",
2022
Singapore Management University
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 …
Mapping Sustainable Development In Investment Treaties: An Analysis Of Asean States' Practice,
2022
Singapore Management University
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 …
Is Popia Bad Business For South Africa? Comparing The Gdpr To Popia And Analyzing Popia’S Impact On Businesses In South Africa,
2022
Penn State Dickinson Law
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,
2022
Penn State Dickinson Law
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,
2022
Penn State Dickinson Law
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,
2022
Penn State Dickinson Law
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,
2022
Penn State Dickinson Law
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,
2022
Penn State Dickinson Law
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,
2022
Southern Illinois University of Law
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,
2022
Yale University
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,
2022
Penn State Dickinson Law
Table Of Contents
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Dedication,
2022
Penn State Dickinson Law
Dedication
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Foreward,
2022
Penn State Dickinson Law
Foreward
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Lost Grounds In Us Trade Integration,
2022
University of Nebraska-Lincoln
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,
2022
Depaul University College of Law
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.
Economic Structural Transformation And Litigation: Evidence From Chinese Provinces, To Economic Change And Restructuring,
2022
Drake University Law School
Economic Structural Transformation And Litigation: Evidence From Chinese Provinces, To Economic Change And Restructuring, Doug Bujakowski, Joan Schmit
DePaul Business & Commercial Law Journal
No abstract provided.
The "Business Interruption" Insurance Coverage Conundrum: Covid-19 Presents A Challenge,
2022
University of North Dakota School of Law
The "Business Interruption" Insurance Coverage Conundrum: Covid-19 Presents A Challenge, Paul E. Traynor
DePaul Business & Commercial Law Journal
No abstract provided.
Misalighned Incentives In Markets: Envisioning Finance That Benefits All Of Society,
2022
University of Calgary
Misalighned Incentives In Markets: Envisioning Finance That Benefits All Of Society, Dr. Ryan Clements
DePaul Business & Commercial Law Journal
No abstract provided.
The Second Transformation Of The International Intellectual Property Regime,
2022
Texas A&M University School of Law
The Second Transformation Of The International Intellectual Property Regime, Peter K. Yu
Faculty Scholarship
This chapter focuses on the structural changes that international investment norms have posed to the international intellectual property regime. It begins by documenting the regime’s first transformation by the adoption of the TRIPS Agreement and the marriage of intellectual property and trade through the World Trade Organization. The chapter then explores the regime’s potential second transformation when bilateral, regional, and plurilateral agreements and new investor-state disputes have caused international investment norms to intrude into the intellectual property domain. It continues to identify three sets of problems that have emerged from such intrusion. The chapter concludes by proposing three solutions to …
Promising Trail Or Perilous Trap? Engaging China In The Wto And Beyond,
2022
Singapore Management University
Promising Trail Or Perilous Trap? Engaging China In The Wto And Beyond, Henry S. Gao
Research Collection Yong Pung How School Of Law
How to deal with China? This is the biggest question confronting U.S. trade policy - or even the United States' entire foreign policy - today. Over the past few years, the debate on this important issue has benefited from the contributions of many trade law scholars, including those by Mark Wu, Jennifer Hillman, Petros Mavroidis, André Sapir, Rob Howse, Weihuan Zhou, and the present author. In Governing the Interface of U.S.-China Trade Relations, Gregory Shaffer offers refreshing insights. Building on the framework developed by the U.S.-China Trade Policy Working Group, of which he is a member, Shaffer further adjusts the …
