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Eliminating Trade Barriers through Preferential Trade Agreements: Perspectives from South Asia
Get PDFSince time immemorial, trade has substantially influenced human life. Trade enthusedintercontinental movements of the Asiatic people, Phoenicians, Egyptians, and other ancientsocieties. From the ancient “Silk Route” to today’s electronic “Silk Road,” rise in intercontinentaltrade has coincided with the increase in globalization’s pace.3 Scholars mark the evolution of themodern trade regime primarily by three eras: first, the introduction of mutually binding tariffreductions; second, the institutionalization of international trade; and third, the expansion oftraditional trade obligations to include various new requirements, including a more indirectrelationship to trade, and streamlined and effective dispute resolution.Several important elements, such as non-discrimination and multilateralism, characterizeglobal trade governance. Yet it is not a static phenomenon and is certainly not limited to theprinciples of Most-Favored Nation and National Treatment, or reducing tariff barriers.Multilateralism remains an important stimulant in addressing contemporary challenges, such asreducing trade barriers as a means to stem mercantilist tendencies and further global tradegovernance.Preferential trade agreements have added a desirable wing to competitive trade liberalizationthrough which more than 50% of today’s international trade transpires. Notably, the multilevelglobal trade governance under the auspices of WTO experienced a gradual increase in itscomplexity as it evolved. In contrast, deeper and easier integration has been witnessed at regionallevels. For example, South Asian countries experimented with the South Asian Association forRegional Cooperation (SAARC) to create regional ripples that parallel bilateral and multilateralcurrents in an effort to further harness the fruits of participatory governance and tradeliberalization. South Asia houses a population of roughly 1.67 billion people, including 40% of theworld’s poor. Yet, it remains one of the least integrated regions. The conundrums of trade barriershave become vital in global trade governance. The study of eliminating trade barriers in a SouthAsian milieu illustrates the shortcomings as well as lessons to learn and amend
Ex Injuria Jus Non Oritur, Ex Factis Jus Oritur, and the Elusive Search for Equilibrium After Ukraine
Get PDFRussia’s 2014 annexation of Crimea following the forestalled Euromaidan movement inUkraine prompts a reconsideration of the international laws governing regime transition. Statesecession and territorial acquisition are reconsidered within the framework of the primordialRoman law principles of ex injuria jus non oritur and ex factis jus oritur in light of recent doctrinalproblems stemming from Kosovo and other areas of the former Soviet Union. The problem ofimplementing a peer review system of orderly state secession is assessed in terms of internationallaw’s ongoing struggle to balance countervailing interests in legitimate governance and effectiverule grounded in social fact. Factors complicating achievement of equilibrium are identified anddiscussed, including the selective application of rules, the lure of uti possidetis, and theInternational Court of Justice’s (ICJ) perceived avoidance of juridical guidance in its KosovoAdvisory Opinion
State Power in Disguise— Addressing Catastrophic Mass Torts in the United States, China, and Taiwan
Get PDFThe Gulf oil leak, Wenzhou High Speed Rail Crash, and Food Safety Scandals—thesebenchmark cases in the United States, China, and Taiwan have aroused attention relating to howthese jurisdictions deal with catastrophic cases that involve immense private and public interests.This Article contends that, actually in many gigantic cases, the mechanism for resolving mass tortdisputes has not been fully implemented and that some other procedures parallel to the courtproceedings were adopted and even replaced traditional private litigation. If monumental caseswith massive influence are often addressed with approaches distinct from general private litigationprocess, this indicates that private adjudication or the tort system may have limitations and thatsome other forces have driven the application in a different direction.This Article not only explores the implications of such a phenomenon, but also investigateswhether this is related to the rise and fall of different authorities or powers. It is argued in thisArticle that resolving monumental mass tort disputes commonly reflects the preference oflawmakers not only in the United States, but also in China and Taiwan. In all three jurisdictions,lawmakers and law enforcers, regardless of their form, tend to reserve power for threats to legalnorms that they consider most important. This is evidenced by the transition in the means bywhich mass torts have been addressed after catastrophes
Is China Making Waves in International Waters by Building Artificial Islands in the South China Sea?
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The Corner House Case and the Incomplete Incorporation of the OECD Anti-Bribery Convention in the United Kingdom
Get PDFThe Corner House case concerned the decision by the Director of the Serious Fraud Officeto suspend its investigation into BAE Systems’ suspected bribery of Saudi Arabian public officials.This Article examines the reasons why the House of Lords decided not to interpret article 5 of theOECD Anti-Bribery Convention, an unincorporated treaty provision that prohibits nationalprosecutors from suspending an investigation on the basis of the potential effect that it might haveon relations with other states. Ultimately, the manner in which the House of Lords declined tointerpret article 5 contributes to a general undermining of the binding force of the Convention inthe United Kingdom. The failure of the U.K. Bribery Act 2010 to incorporate article 5 furtherexacerbates this situation
EU Law in U.S. Legal Academia
Get PDFThe history of EU law in the J.D. curriculum is a classical tale of rise and fall. An avantgarde,boutique offering in the 1970s, and a fairly popular course in the 1990s, today EU law inU.S. law schools is slowly losing prominence. This Article begins by tracking this parabolictrajectory, and argues that the discipline both rose and fell for contingent reasons that are mostlyunrelated to its pedagogical and analytical significance. The Article then provides a criticalappraisal of what EU law is uniquely poised to offer, both in the classroom and as a subject forlegal scholarship. An illustration based on French experiences of Europeanization supports theclaim that EU law, as an autonomous subject, can still make an original and nonfungiblecontribution to U.S. legal academia
The Global Financial Crisis: Impact on International Trade and Matters Potentially Coming Before the United States Court of International Trade
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