Trade law Part 64

 

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

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

Human Rights and the Law of the World Trade Organization
Ernst-Ulrich Petersmann
Journal of World Trade
Volume 37, Number 2, April 2003 p.241

One Private Practitioner’s Speculation on the Impact of Mead in Trade law Cases
WESLEY K. CAINE
Federal Circuit Bar Journal
Volume 12, Number 2, 2002-2003 p.213

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

Overview of the Study Undertaken by the National Law Center for Inter-American Free Trade
Alejandro Hernandez Maestroni
Arizona Journal of International and Comparative Law
Volume 20, Number 1, Spring 2003 p.1

Report on the National Law Center for Inter-American Free Trade’s Miami Conference on Product Liability
Philip A. Robbins
Arizona Journal of International and Comparative Law
Volume 20, Number 1, Spring 2003 p.43

Globalization and Development-Free Trade, Foreign Aid, Investment and the Rule of law
The Honorable Delissa A. Ridgway and Mariya A. Talib
California Western International Law Journal
Volume 33, Number 2, Spring 2003 p.325

The Law Applied by World Trade Organization Panels
Rao Geping
Temple International and Comparative Law Journal
Volume 17, Number 1, Spring 2003 p.125

Chinese Procurement Law: Current Legal Framework and a Transition to the World Trade Organization’s Government Procurement Agreement
Tong Xinchao
Temple International and Comparative Law Journal
Volume 17, Number 1, Spring 2003 p.139

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

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

Recent Developments in Pharmaceutical Products Liability Law: Failure to Warn, the Learned Intermediary Defense, and Other Issues in the New Millennium
Bernard J. Garbutt, III & Melinda E. Hofmann
Food and Drug Law Journal
Volume 58, Issue 2, 2003 p.269

Failure-to-warn claims against pharmaceutical companies are typical in products liability cases involving both prescription and over-the-counter (OTC) drugs. Under the learned intermediary doctrine, a pharmaceutical company is relieved of its duty to warn a patient of side effects associated with a drug when the company has provided an adequate warning to the patient’s physician, but this defense has come under greater attack lately. This article discusses the basis of a failure-to-warn claim generally, and reviews some new issues that impact the learned intermediary defense, including direct-to-consumer (DTC) marketing, the Internet, and OTC sales. Also considered are new claims that plaintiffs have asserted in an attempt to avoid the learned intermediary doctrine, such as claims based on state consumer fraud and unfair trade practices statutes. Finally, the article reviews the judicial response to section 6 of the products liability section of the new Restatement (Third) of Torts, which was intended to replace section 402A and comment k of the Restatement (Second) of Torts.

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

Federal Issues in Trade Secret Law
Jerry Cohen
Journal of High Technology Law
Volume 2, Number 1, 2003 p.1

 

Author: international

Mentioned in these Entries

Columbia Law Review, Constitutions, International trade law, Rule of law, Trade law, Treaties.