Contents
International trade law Part 11
137
Towards a European White Certificates Scheme: Review under Current National Experiences and International trade law
Anne De Geeter
Journal of Energy & Natural Resources Law
Volume 25, Number 1, February 2007 p.1
LAW JOURNAL / LAW REVIEW
138
DROIT DU COMMERCE INTERNATIONAL ET DE LA CONCURRENCE/ INTERNATIONAL TRADE AND COMPETITION LAW
International Business Law Journal
Number 1, 2007
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139
The Remedial Value of WTO Trade Sanctions: A Critical Appraisal
Abdul Ghafur Hamid
Singapore Academy of Law Journal
Volume 18, Number 2, 2006 p.372
LAW JOURNAL / LAW REVIEW
The most distinct characteristic of dispute settlement in the World Trade Organization (WTO) is the possibility of authorising a trade sanction against a non-complying member state. However, WTO observers are now questioning whether WTO trade sanctions are really advantageous to the success of the multilateral trading system. Against this background, the present paper first reviews the six disputes in which the WTO authorised trade sanctions, and then makes an appraisal of trade sanctions in terms of their consistency with the general international law of state responsibility and their contribution to the success of the multilateral trading system. The paper finds that trade sanctions are counterproductive and their remedial value is doubtful. Nevertheless, as there are not yet any alternatives that can replace trade sanctions, the conclusion is that the Dispute Settlement Understanding should be amended in order to dilute the stringency of trade sanctions and to conform with the law of state responsibility.
140
Philosophy, Trade, and Aids: Current Failures to Obtain a Substantive Patent Law Treaty
Kristen Riemenschneider
Virginia Journal of Law & Technology
Volume 11, Issue 3, Summer 2006
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11 Va. J.L. & Tech. 5 (2006) – Intellectual property rights (IPRs) are increasingly important to international trade. Developed countries, such as the United States, Japan, and the members of the European Union (EU), have comprehensive IPR schemes; by contrast, many developing countries do not grant IPRs or have adopted IPR regimes that tend to give fewer rights to the holders. This disparate treatment of IPRs gave rise to a thriving counterfeit and Piracy trade in the 1980s, which, in turn, prompted the developed countries to seek global harmonization of IPR regimes through a Substantive Patent Law Treaty (SPLT). Thus far, the developed countries have been unsuccessful. This paper addresses the developed countries’ current failures to achieve a SPLT, and posits that this failure arises from the developed countries’ failure to address three issues developing countries’ philosophies regarding the proper extent of IPRs, the developed countries’ previous use of trade leverage, and the developed countries’ responses to the current AIDS epidemic and the developing countries ability to band together in an unprecedented manner.
141
International Trade and Economic Law and International Law: A Brief Panoramic and Comparative Survey of Publications
Kaiyan H Kaikobad
Manchester Journal of International Economic Law
Volume 3, Issue 3, 2006 p.122-133
LAW JOURNAL / LAW REVIEW
142
The Evolution of International Income Tax Law Applied to Global Trade
Cécile Brokelà nd
Bulletin of Comparative Labour Relations
Number 60, 2006 p.123
LAW JOURNAL / LAW REVIEW
143
Labour versus the World Trade Organization: The Clash between Economic, International Law, and Labour Law Theories
Lynn Roseberry
Bulletin of Comparative Labour Relations
Number 60, 2006 p.165
LAW JOURNAL / LAW REVIEW
144
RELATIONSHIP OF WTO OBLIGATIONS TO U.S. INTERNATIONAL Trade law : INTERNATIONALIST VISION MEETS DOMESTIC REALITY
Patrick C. Reed
Georgetown Journal of International Law
Volume 38, Number 1, 2006 p.209
LAW JOURNAL / LAW REVIEW
145
International Business and Trade law
Fitzgerald, P. G.
Canadian Law library Review
Volume 31, Number 4, 2006 p.209
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146
Towards Uniform Electronic Contracting Law
Ter Kah Leng, Note
Singapore Academy of Law Journal
Volume 18, Number 1, 2006 p.234
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Legal uncertainties create huge business costs. Disharmony between national legal systems poses legal obstacles to international trading activities. This prompted the United Nations Commission on International Trade Law to draft the United Nations Convention on the Use of Electronic Communications in International Contracts. These uniform rules seek to remove legal obstacles, enhance legal certainty and commercial predictability, and lower transactional costs. This article considers the implications of these changes on electronic contracting law
147
Islamic Principles Governing International Trade Financing Instruments: A Study of the Morabaha in English Law
Jason C.T. Chuah
Northwestern Journal of International Law & Business
Volume 27, Number 1, Fall 2006 p.137
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148
The UNCITRAL Convention on the Assignment of Receivables in International Trade, Assignment of Future Receivables and Turkiash Law
N. Orkun AKSELI
International Business Law Journal
Number 6, 2006 p.767
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Conclusion
Notes
See Also
References and Further Reading
About the Author/s and Reviewer/s
Author: international