Trade law Part 56

UNEMPLOYMENT INSURANCE MEETS GLOBALIZATION AND THE MODERN WORKFORCE
Deborah Maranville
Santa Clara Law Review
Volume 44, Number 4, 2004 p.1129

This article considers the impact of globalization and changes in the workforce on the unemployment insurance system, as illustrated by events leading up to recent amendments to Washington State’s Unemployment Insurance system. Changes in international trade rules impacted the economic situation in which the Boeing Company operates and gave Boeing both the incentive and the ability to threaten to assemble its next generation jet outside Washington State, if its demands for changes to Washington’s unemployment insurance system were not met. The author argues first that globalization transforms “federalism”arguments, making it difficult to assign taxing and administration of social welfare programs to either nations, or sub-national units, like American states. Second, she argues that the entry of women into the modern work force makes it important to accommodate carework in the unemployment insurance system. Reconceptualizing care work as a form of “economic development”may assist us in developing needed arguments for accommodating carework. In light of the effects of globalization, social movements and advocates concerned with unemployment insurance will require an increasingly sophisticated understanding of the links among disparate areas of the law.

Globalisation of Competition Law and Policy: Some Aspects of the Interface between Trade and Competition
Brendan Sweeney
Melbourne Journal of International Law
Volume 5, Number 2, October 2004 p.375

DROIT DU COMMERCE INTERNATIONAL ET DE LA CONCURRENCE/INTERNATIONAL TRADE AND COMPETITION LAW
International Business Law Journal
Number 5, 2004

CHINA’S REGIONAL TRADE AGREEMENTS: THE LAW GEOPOLITICS, AND IMPACT ON THE MULTILATERAL TRADING SYSTEM
Jiangyu Wang
Singapore Year Book of International Law
Volume 8, 2004 p.119-147

Intellectual Property Provisions in Bilateral and Regional Free Trade Agreements: What Should New Zealand Expect from a New Zealand/United States Free Trade Agreement?
Anna Kingsbury
New Zealand Business Law Quarterly
Volume 10, Number 3, September 2004 p.222

This article considers the implications of a possible New Zealand/United States free trade agreement for New Zealand intellectual property law and policy. It examines the international context in which intellectual property provisions of free trade agreements are negotiated. It then examines the intellectual property provisions in New Zealand’s existing free trade agreements, and compares these to the intellectual property provisions in recent trade agreements to which the United States is a party, focusing particularly on an analysis of the Australia/United States Free Trade Agreement 2004. It analyses the changes that would be likely to be required under a New Zealand/United States Free Trade Agreement, and argues that, while some changes could be beneficial, overall the changes would have significant economic costs for New Zealand users, the New Zealand economy, and New Zealand creative and innovation industries.

WHAT DOES PRUNEYARD HAVE TO DO WITH CALIFORNIA INTERNET TRADE SECRET LAW?
Adam J. Sheridan
Marquette Intellectual Property Law Review
Volume 8, Number 2, Summer 2004 p.317

CAN-SPAM: A First Step to No-Spam
Grant C. Yang
Chicago-Kent Journal of Intellectual Property
Volume 4, Issue 1, Fall 2004 p.1

On December 16, 2003, President George W. Bush signed the first federal law regulating spam.[2] The law, titled the “Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003” (CAN-SPAM), has garnered much criticism from scholars and the Internet community. Its effectiveness has even been questioned [3] by the Federal Trade Commission (FTC), the regulatory agency in charge of administering the law.[4] On the other hand, the law, effective as of January 1, 2004, [5] has the support of both Internet Service Providers (ISP)[6] and the advertising industry. [7] It has been regarded by many as a necessary step in order to combat the growing amount of spam. Critics contend that it is less effective than many of the current state laws. However, they must realize that CAN-SPAM is not meant to be a cure-all. Instead, it is a necessary first step toward uniformity in spam laws, as ultimately, the most viable solution will require an international approach.

The Administration of Justice in International Disputes: The Dynamics of NAFTA Chapter 19 & 20 Dispute Resolution Procedures
Sara Siebert
Hibernian Law Journal
Volume 3, Number 1, 2002 p.15

It is indeed a truism that the ultimate success of the North American Free Trade Agreement (NAFTA) depends in large part on the effectiveness and credibility of its dispute settlement system. A scheme that is perceived as facilitating fair and equitable results while reinforcing the Rule of law and eliminating national and political biases is generally regarded as successful. It is also recognised that an efficient dispute resolution system has the potential to advance the goals set out in the Agreement while a weak system will generally inhibit progress towards economic integration in the Americas. As such, the performance of the NAFTA s system for settling disputes among the parties is a critical element of the Agreement. Indeed, the functioning of these mechanisms is as important if not more so than the substance of the issues in dispute. This article examines the dispute resolution mechanisms established under NAFTA Chapters 19 and 20.

DROIT DU COMMERCE INTERNATIONAL ET DE LA CONCURRENCE/INTERNATIONAL TRADE AND COMPETITION LAW
International Business Law Journal
Number 4, 2004

Trade, Monitoring, and the ILO: Working To Improve Conditions in Cambodiaà•s Garment Factories
Kevin Kolben
Yale Human Rights & Development Law Journal
Volume 7, 2004

The U.S.-Cambodia Bilateral Textile Trade Agreement, signed on January 20, 1999, was remarkable for its inclusion of a labor standards provision that created incentives for the Cambodian garment industry to bring itself into substantial compliance with international labor standards and Cambodian Labor law . The labor standards provision provided the impetus for the creation of a novel program, to be operated by the International Labor Organization (ILO). This program combined trade-related incentives to enforce workers’ rights with an unprecedented plan to have the ILO conduct factory-level monitoring of working conditions. This Article examines how the program was designed and implemented and evaluates the proposals and conceptions that preceded the final project document. This analysis provides a case study on how to construct and implement future programs that combine trade and factory monitoring to improve working conditions and enforce core labor rights along the global supply chain.

Author: international

Mentioned in these Entries

Labor law, Rule of law, Trade law.