International trade law Part 22

International Trade law Part 22

 

234

The First-Scale Doctrine in International Intellectual Property Law: Trade in Copyright Related Entertainment Products
Theo Papadopoulos
Entertainment and Sports Law Journal
Volume 2, Number 2, Summer 2003 p.40

LAW JOURNAL / LAW REVIEW

235

SYMPOSIUM – GLOBALIZATION’S IMPACT ON INTERNATIONAL TRADE AND INTELLECTUAL PROPERTY LAW
St. John’s Journal of Civil Rights and Economic Development
Volume 17, Issue 3, Spring 2003

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236

SPECIAL RECOGNITION: ST. JOHN’S UNIVERSITY SCHOOL OF LAW HONORS ALUMNI WHO HAVE SERVED AS CHIEF JUDGE OF THE UNITED STATES COURT OF INTERNATIONAL TRADE
Dean Joseph W. Bellacosa
St. John’s Journal of Civil Rights and Economic Development
Volume 17, Issue 3, Spring 2003 p.443

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237

DOES FEDERALISM CONSTRAIN THE TREATY POWER?
Edward T. Swaine
Columbia Law Review
Volume 103, Number 3, April 2003 p.403

LAW JOURNAL / LAW REVIEW

The Supreme Court’s revival of federalism casts doubt on the previously unimpeachable power of the national government to bind its states by treaty, suggesting potential subject-matter, anti-commandeering; and sovereign immunity limits that could impair U.S. obligations under vital trade and human rights Treaties . Existing scholarship treats these principles separately and considers them in originalist or other terms, without definitive result. This Article takes a different approach. By assessing all of the doctrines with equal care, but not at daunting length, it permits insight into the common issues involved in determining whether they should be extended to the treaty power. It also demonstrates that international law and constitutional law are not estranged on these questions. Not only does international law require federal states to interpret their Constitutions so as to permit adhering to Treaties , but the new federalism doctrines show a sensitivity toward preserving adequate means to pursue national and international ends like the treaty power, especially where those means turn on state consent. Finally, the Article develops a treaty-compact device as an innovative tool for dissolving federalism’s constraints. Taking advantage of parallel doctrinal developments that liberate state and national authority relating to foreign and interstate compacts, it demonstrates that combining the use of compacts with treaties offers solutions on each of the new federalism’s fronts. The answer, then, is that federalism does not constrain the treaty power, when the Constitution is read as an organic whole and interpreted in a fashion in keeping both with international law and the new federalism itself

238

International trade law and Development A New Liberal Trade Policy Foundation
Hal Shapiro
ILSA Journal of International and Comparative Law
Volume 9, Number 2, Spring 2003 p.431

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239

NAFTA Chapter 11: A Step Forward in International trade law or a Step Backward for Democracy?
Andrew J. Shapren
Temple International and Comparative Law Journal
Volume 17, Number 1, Spring 2003 p.323

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240

BORDERS, MIGRATION AND TRADE: THE IMPACT OF INTERNATIONAL LAW ON LOCAL COMMUNITIES
U.C. Davis Journal of International Law & Policy
Volume 9, Number 2, Spring 2003

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241

The Law of International Trade in Agricultural Products. From GATT 1947 to the WTO Agreement on Agriculture
Bernard O’Connor
Journal of International Economic Law
Volume 6, Number 2, 2003 p.535-540

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242

The Political Economy of International Trade law : Essays in Honor of Robert E. Hudec. Edited by DANIEL L. M. KENNEDY and JAMES D. SOUTHWICK. [Cambridge: Cambridge University Press. 2002. xiii, 666, (Bibliography) 5 and (Index) 24 pp. Hardback £80.00 net. ISBN 0-521-81319-0.]
Tania Voon
Cambridge Law Journal
Volume 62, Issue 1, March 2003 p.224-226

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243

UNITED NATIONS CONVENTION ON INTERNATIONAL Trade law (UNCITRAL)
Tulane Journal of International and Comparative Law
Volume 11, Spring 2003

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244

A FAREWELL TO “LINKAGE”: INTERNATIONAL TRADE LAW AND GLOBAL SUSTAINABILITY INDICATORS
Sara Dillon
Rutgers Law Review
Volume 55, Number 1, Fall 2002 p.87

LAW JOURNAL / LAW REVIEW

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

Columbia Law Review, Constitutions, International trade law, Trade law Part 22, Trade law, Treaties.

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