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18. Id. 19. See Flores, 117 S. Ct. at 2172 (reversing the Fifth Circuit's judgment upholding RFRA... more 18. Id. 19. See Flores, 117 S. Ct. at 2172 (reversing the Fifth Circuit's judgment upholding RFRA, which was the statute attempting to vitiate the Smith holding). 20. See id. at 2176 (O'Connor, J., dissenting) (arguing that Smith is not a correct interpretation of the Free Exercise Clause); id. at 2186 (Souter, J., dissenting) (expressing "serious doubts about the precedential value of the Smith rule and its entitlement to adherence"); id. (Breyer, J., dissenting) (agreeing with Justice O'Connor that Flores should be re-argued to reexamine Smith).
International Economic Law : The State and Future of the Discipline
See generally infra section I.
This book chapter is part of a series of volumes being published by the Max Planck Institute on c... more This book chapter is part of a series of volumes being published by the Max Planck Institute on current jurisprudence from the dispute resolution bodies of the World Trade Organization. This chapter focuses on the scope of Article VII GATT dealing with customs valuation. It discusses this provision of GATT from a historical perspective and describes its current applicability to international trade issues. It also analyzes relevant WTO jurisprudence and interpretations of this GATT provision and deals with some of the problematic issues in customs valuation.
Sustainability Law & Policy eJournal, 2018
As countries fulfill their commitments to the Paris Climate Agreement and engage in climate chang... more As countries fulfill their commitments to the Paris Climate Agreement and engage in climate change mitigation policies and domestic decarbonization strategies, governments must ensure their policies comply with their trade obligations. This chapter provides a brief overview of key areas where international trade rules may impact U.S. policies geared towards decarbonization. It will focus primarily on the policies needed for decarbonization, as outlined in the Deep Decarbonization Pathways Project report, that are connected to international trade rules, with the goal of finding ways of using the international trade legal framework as another tool for encouraging, rather than inhibiting, decarbonization efforts at the national level. Section II sets out the policy tools promoting decarbonization most likely to implicate or conflict with trade rules. Section III provides a primer on the main trade rules that intersect with decarbonization tools such as border tariff adjustments, subsid...
Duke Journal of Comparative and International Law, 2020
Within the context of enhanced rhetoric about the need for national security measures to protect ... more Within the context of enhanced rhetoric about the need for national security measures to protect domestic economic interests, the Duke Journal of Comparative & International Law hosted a Symposium on National Security and Trade Law in which speakers raised questions as to not only what is meant by national security today, but also the significance of invoking national security exceptions in trade. This Introduction provides an overview of issues discussed as well as some reflections on the use of the national security exception in trade during a time when nations are moving away from international cooperation towards unilateralism and facing global crises such as the COVID-19 pandemic. With the World Trade Organization’s recent panel decision, Russia—Measures Concerning Traffic in Transit, the international community received some guidance as to the limited use of this exception under GATT Article XXI and the need for good faith by nations invoking it, but larger questions remained ...
Investment & Social Responsibility eJournal, 2018
Recent initiatives for investment reform demonstrated by the 2016 United Nations Conference on Tr... more Recent initiatives for investment reform demonstrated by the 2016 United Nations Conference on Trade and Development and 2018 World Investment Reports have raised key issues for sustainable development in the context of investment in natural resources and energy. Where there has been increasing convergence between trade and environmental norms as trade regimes confront domestic regulatory measures for environmental protection and climate change mitigation, similarly investment regimes also have had to address such domestic measures but with little progress towards normative convergence. At the same time, there’s an increasing skepticism for the traditional models of globalization of the 1990s and more recognition of the need for economic models that foster sustainability and local stability. This Article will analyze four primary areas in which investment law intersects with environmental and climate change policies. Drawing from lessons learned in the trade context, it will examine...
Indiana Journal of Global Legal Studies, 2018
As international trade receives the brunt of local discontent with globalization trends and recen... more As international trade receives the brunt of local discontent with globalization trends and recent changes by the Trump administration have put into question the viability of such trade arrangements moving forward, there has been a clear trend in using international trade fora for managing regulatory barriers on economic development. This paper will discuss this recent trend in international trade toward increased regulatory cooperation through the creation of formalized transnational regulatory bodies, such as the U.S.-EU Regulatory Cooperation Body that was being discussed in the TTIP negotiations and comparable ones in the Canadian-EU Trade Agreement as well as U.S.-Mexico and U.S.-Canada Regulatory Councils. In examining the informal transnational
Indiana International & Comparative Law Review, 2009
report07-e.pdf("The complicated reality about regional agreements is that they are neither all go... more report07-e.pdf("The complicated reality about regional agreements is that they are neither all good nor all bad."). 2. Id. 3. In the last eight years, the United has entered into or participated in trade negotiations
Proceedings of the Annual Meeting (American Society of International Law), 2010
... 4 Bart de Meester, The Global Financial Crisis and Government Support for Banks: What Role fo... more ... 4 Bart de Meester, The Global Financial Crisis and Government Support for Banks: What Role for the GATS?, 13 J. Int'l Econ ... creeping protectionism'' include stricter immigration rules in the US stimulus package making it more difficult for US companies receiving TARP money to ...
Cornell International Law Journal, 2007
School for their comments on a draft. Thanks tojamila G. Gooden, Blake Heraghty, and Nicole Staff... more School for their comments on a draft. Thanks tojamila G. Gooden, Blake Heraghty, and Nicole Stafford for their able research assistance. 40 CORNELL INT'L LJ. 201 (2007) 14. Id. 15. Id. 111 82-84. In addition, the claimant asserts that such a tax amounts to a performance requirement prohibited under 1106 and expropriates his investment under 1110.
Journal of International Economic Law, 2013
for their comments on this piece. The author would also like to thank Kimberley Buder, Brian Hayn... more for their comments on this piece. The author would also like to thank Kimberley Buder, Brian Haynes, and Greg Vanden-Eykel for their invaluable research assistance as well as Suffolk University Law School for its continuous support. Special thanks to my research assistant, Bryan Connor, for his assistance in editing, and Richard Buckingham for his consistently reliable library research.
U. Det. Mercy L. Rev., 2003
Fordham Journal of Corporate & Financial Law, 2006
Law Center, for their valuable comments and suggestions on a previous draft of this article. Spec... more Law Center, for their valuable comments and suggestions on a previous draft of this article. Special thanks go to Christina Hui Ling Chen, class of 2004 and Blake Heraghty, class of 2006, for providing excellent research and editing assistance. 1. Harry First, Regulated Deregulation: The New York Experience in Electric Utility Deregulation, 33 Loy. U. CHI. L.J. 911 (2002) (questioning electricity deregulation so far and encouraging "a more realistic design that can avoid the deficiencies of the traditional regulatory approach"). Professor First focuses on the deregulated New York electricity markets as an example of "regulated deregulation." 2. See generally Joseph D. Kearney & Thomas W. Merrill, The Great Transformation of Regulated Industries Law, 98 COLUM. L. REV. 1323, 1353-54 (1998) (citing Richard J. Pierce Jr. & Ernest Gellhorn, REGULATED INDUSTRIES 1 (3 d ed. 1994)) (discussing how the nation's approach to regulating common carriers and public utilities has undergone a wide-ranging transformation in the last quarter of the century).
Loyola University Chicago Law Journal, 2009
18. Id. 19. See Flores, 117 S. Ct. at 2172 (reversing the Fifth Circuit's judgment upholding RFRA... more 18. Id. 19. See Flores, 117 S. Ct. at 2172 (reversing the Fifth Circuit's judgment upholding RFRA, which was the statute attempting to vitiate the Smith holding). 20. See id. at 2176 (O'Connor, J., dissenting) (arguing that Smith is not a correct interpretation of the Free Exercise Clause); id. at 2186 (Souter, J., dissenting) (expressing "serious doubts about the precedential value of the Smith rule and its entitlement to adherence"); id. (Breyer, J., dissenting) (agreeing with Justice O'Connor that Flores should be re-argued to reexamine Smith).
International Economic Law : The State and Future of the Discipline
See generally infra section I.
This book chapter is part of a series of volumes being published by the Max Planck Institute on c... more This book chapter is part of a series of volumes being published by the Max Planck Institute on current jurisprudence from the dispute resolution bodies of the World Trade Organization. This chapter focuses on the scope of Article VII GATT dealing with customs valuation. It discusses this provision of GATT from a historical perspective and describes its current applicability to international trade issues. It also analyzes relevant WTO jurisprudence and interpretations of this GATT provision and deals with some of the problematic issues in customs valuation.
Sustainability Law & Policy eJournal, 2018
As countries fulfill their commitments to the Paris Climate Agreement and engage in climate chang... more As countries fulfill their commitments to the Paris Climate Agreement and engage in climate change mitigation policies and domestic decarbonization strategies, governments must ensure their policies comply with their trade obligations. This chapter provides a brief overview of key areas where international trade rules may impact U.S. policies geared towards decarbonization. It will focus primarily on the policies needed for decarbonization, as outlined in the Deep Decarbonization Pathways Project report, that are connected to international trade rules, with the goal of finding ways of using the international trade legal framework as another tool for encouraging, rather than inhibiting, decarbonization efforts at the national level. Section II sets out the policy tools promoting decarbonization most likely to implicate or conflict with trade rules. Section III provides a primer on the main trade rules that intersect with decarbonization tools such as border tariff adjustments, subsid...
Duke Journal of Comparative and International Law, 2020
Within the context of enhanced rhetoric about the need for national security measures to protect ... more Within the context of enhanced rhetoric about the need for national security measures to protect domestic economic interests, the Duke Journal of Comparative & International Law hosted a Symposium on National Security and Trade Law in which speakers raised questions as to not only what is meant by national security today, but also the significance of invoking national security exceptions in trade. This Introduction provides an overview of issues discussed as well as some reflections on the use of the national security exception in trade during a time when nations are moving away from international cooperation towards unilateralism and facing global crises such as the COVID-19 pandemic. With the World Trade Organization’s recent panel decision, Russia—Measures Concerning Traffic in Transit, the international community received some guidance as to the limited use of this exception under GATT Article XXI and the need for good faith by nations invoking it, but larger questions remained ...
Investment & Social Responsibility eJournal, 2018
Recent initiatives for investment reform demonstrated by the 2016 United Nations Conference on Tr... more Recent initiatives for investment reform demonstrated by the 2016 United Nations Conference on Trade and Development and 2018 World Investment Reports have raised key issues for sustainable development in the context of investment in natural resources and energy. Where there has been increasing convergence between trade and environmental norms as trade regimes confront domestic regulatory measures for environmental protection and climate change mitigation, similarly investment regimes also have had to address such domestic measures but with little progress towards normative convergence. At the same time, there’s an increasing skepticism for the traditional models of globalization of the 1990s and more recognition of the need for economic models that foster sustainability and local stability. This Article will analyze four primary areas in which investment law intersects with environmental and climate change policies. Drawing from lessons learned in the trade context, it will examine...
Indiana Journal of Global Legal Studies, 2018
As international trade receives the brunt of local discontent with globalization trends and recen... more As international trade receives the brunt of local discontent with globalization trends and recent changes by the Trump administration have put into question the viability of such trade arrangements moving forward, there has been a clear trend in using international trade fora for managing regulatory barriers on economic development. This paper will discuss this recent trend in international trade toward increased regulatory cooperation through the creation of formalized transnational regulatory bodies, such as the U.S.-EU Regulatory Cooperation Body that was being discussed in the TTIP negotiations and comparable ones in the Canadian-EU Trade Agreement as well as U.S.-Mexico and U.S.-Canada Regulatory Councils. In examining the informal transnational
Indiana International & Comparative Law Review, 2009
report07-e.pdf("The complicated reality about regional agreements is that they are neither all go... more report07-e.pdf("The complicated reality about regional agreements is that they are neither all good nor all bad."). 2. Id. 3. In the last eight years, the United has entered into or participated in trade negotiations
Proceedings of the Annual Meeting (American Society of International Law), 2010
... 4 Bart de Meester, The Global Financial Crisis and Government Support for Banks: What Role fo... more ... 4 Bart de Meester, The Global Financial Crisis and Government Support for Banks: What Role for the GATS?, 13 J. Int'l Econ ... creeping protectionism'' include stricter immigration rules in the US stimulus package making it more difficult for US companies receiving TARP money to ...
Cornell International Law Journal, 2007
School for their comments on a draft. Thanks tojamila G. Gooden, Blake Heraghty, and Nicole Staff... more School for their comments on a draft. Thanks tojamila G. Gooden, Blake Heraghty, and Nicole Stafford for their able research assistance. 40 CORNELL INT'L LJ. 201 (2007) 14. Id. 15. Id. 111 82-84. In addition, the claimant asserts that such a tax amounts to a performance requirement prohibited under 1106 and expropriates his investment under 1110.
Journal of International Economic Law, 2013
for their comments on this piece. The author would also like to thank Kimberley Buder, Brian Hayn... more for their comments on this piece. The author would also like to thank Kimberley Buder, Brian Haynes, and Greg Vanden-Eykel for their invaluable research assistance as well as Suffolk University Law School for its continuous support. Special thanks to my research assistant, Bryan Connor, for his assistance in editing, and Richard Buckingham for his consistently reliable library research.
U. Det. Mercy L. Rev., 2003
Fordham Journal of Corporate & Financial Law, 2006
Law Center, for their valuable comments and suggestions on a previous draft of this article. Spec... more Law Center, for their valuable comments and suggestions on a previous draft of this article. Special thanks go to Christina Hui Ling Chen, class of 2004 and Blake Heraghty, class of 2006, for providing excellent research and editing assistance. 1. Harry First, Regulated Deregulation: The New York Experience in Electric Utility Deregulation, 33 Loy. U. CHI. L.J. 911 (2002) (questioning electricity deregulation so far and encouraging "a more realistic design that can avoid the deficiencies of the traditional regulatory approach"). Professor First focuses on the deregulated New York electricity markets as an example of "regulated deregulation." 2. See generally Joseph D. Kearney & Thomas W. Merrill, The Great Transformation of Regulated Industries Law, 98 COLUM. L. REV. 1323, 1353-54 (1998) (citing Richard J. Pierce Jr. & Ernest Gellhorn, REGULATED INDUSTRIES 1 (3 d ed. 1994)) (discussing how the nation's approach to regulating common carriers and public utilities has undergone a wide-ranging transformation in the last quarter of the century).
Loyola University Chicago Law Journal, 2009