Trade law Part 32

 

The Strange Career of the Dormant Commerce Clause and International trade law in the Great Lakes Anti-Diversion Regime
A. Dan Tarlock
Michigan State law Review
Volume 2006, Issue 5, Special p.1375

Banking Regulation and World Trade law by LAZAROS E PANOURGIAS
JH Dalhuisen
International and Comparative Law Quarterly
Volume 56, Number 4, October 2007 p.967-969

Engaging the Private Sector: EU-China Trade Disputes Under the Shadow of WTO Law?
Yan Luo
European Law Journal
Volume 13, Issue 6, November 2007 p.800-817

United Nations Commission on International trade law (UNCITRAL) / Commission des Nations Unies pour le droit commercial international (CNUDCI)
Uniform Law Review
Volume 12, Number 2, 2007 p.362

B. Zeller, CISG and the Unification of International Trade Law, Routledge-Cavendish, Abingdon, 2007
Lena PETERS
Uniform Law Review
Volume 12, Number 2, 2007 p.404

Governments, Labour, and the Law in Mid-Victorian Britain: The Trade Union Legislation of the 1870s-Mark Curthoys
reviewed by Robert J. Steinfeld
Law and History Review
Volume 25, Number 3, Fall 2007 p.662

THE INTERPRETATION OF THE CONVENTION AND THE NORWEGIAN APPROACH
Marius Sollund
Nordic Journal of Commercial law
Number 1, 2007

The need for a uniform international sales law has become increasingly more important as the commercial market has become very complex, and most countries are involved in international trade to some extent.

Dressing Design Patent: A Proposal for Amending the Design Patent Law in Light of Trade Dress
Takashi Saito
Journal of the Patent and Trademark Office Society
Volume 89, Number 8, August 2007 p.682

Modernising Australian merger analysis
Rachel Trindade and Rhonda Smith
Australian Business Law Review
Volume 35, Number 5, October 2007 p.358

In this article we explore the use of Porter’s Five Forces model as a practical, dynamic and commercially grounded framework for use in Australian merger analysis under s 50 of the Trade Practices Act 1974 (Cth). We explain how such a framework allows the analysis to take into account the structural elements of the traditional “structure-conduct-performance”model but does so in a non-linear fashion that captures the impact of strategic behaviour as well as addressing all the s 50(3) factors “on the one page”. While the emphasis of the article is on merger analysis, this alternative framework has a broader relevance to general competition analysis in a manner consistent with the Australian legislation and Australian case law.

Trade Markes in the European Union: One Right, One Law, One Decision–Or Not?
ROLAND MALLINSON
European Intellectual Property Review
Volume 29, Issue 10, October 2007 p.432

On the reach of insider trading law
David Pompilio
Company and Securities Law Journal
Volume 25, Number 7, October 2007 p.467

Insider trading law in Australia is far reaching, extending beyond company insiders to include any person who trades while in possession of price-sensitive information that is not generally available. Traditional legal arguments for proscribing insider trading such as breach of fiduciary duty and misappropriation fail to motivate the reach of s I043A. Drawing on arguments from the law, economics and finance literatures, this article discusses some of the economic costs and benefits of informed trading and examines how the practical operation of s 1043A strikes a compromise between them. Empirically, most cases of insider trading that are detected and prosecuted under criminal law involve trading on information that is disclosed via public announcement shortly after the trade takes place. Such trading imposes an adverse selection cost on those that supply liquidity to the market, a cost which is passed on to issuing companies in the form of a higher cost of raising capital. The usual arguments regarding the benefits of informed trading in causing securities prices to be efficient and the consequent improvement in real investment outcomes are not compelling for such cases. This article argues that the costs of insider trading combined with the regularity in detection and selection for prosecution effects provide an economic motivation for the absence of a person-connection requirement in s 1043A.

United Nations Commission on International Trade Law (UNCITRAL) / Commission des Nations Unies pour le droit commercial international (CNUDCI)
Uniform Law Review
Volume 12, Number 1, 2007 p.178

Shifting Paradigms of Parochialism: Lessons for International Trade Law
Elizabeth Trujillo
Journal of International Law and International Relations
Volume 3, Number 2, Fall 2007 p.41

Author: international

Mentioned in these Entries

Commercial law, International trade law, State law, Trade law.