International Business Transactions

Going It Alone: The Anti-Counterfeiting Trade Agreement as a Sole Executive Agreement

Introduction

After years of controversy, a small group of countries, including the United States and European Union member states, announced in December 2010 that they had finalized a new "Anti-Counterfeiting Trade Agreement"[1] ("ACTA"). With the negotiations complete, attention has turned to a question that may at first appear obscure, but is in fact of enormous importance: Can the U.S. President make the agreement on his own, without Congressional approval?

Topic: 
Volume: 
15
Issue: 
23
Author: 
Oona A. Hathaway and Amy Kapczynski
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The Australian Trade Policy Statement on Investor-State Dispute Settlement

Introduction

On April 12, 2011, the Australian Government released a Trade Policy Statement outlining a series of five principles and six disciplines that will guide Australian trade policy in the future. Having laid out a comprehensive map, the Statement pointedly expresses opposition to investor-state dispute settlement provisions in future Australian trade agreements:

Topic: 
Volume: 
15
Issue: 
22
Author: 
Jürgen Kurtz
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The Human Rights Council Endorses “Guiding Principles” for Corporations

Introduction

On June 16, 2011, the United Nations Human Rights Council endorsed Guiding Principles on Business and Human Rights. This Insight describes the background to the Guiding Principles, the Principles themselves, and the Council’s decision to endorse them.

From the Draft Norms to the Ruggie Framework

Topic: 
Volume: 
15
Issue: 
21
Author: 
John H. Knox
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Orange Juice, Shrimp, and the United States Response to Adverse WTO Rulings on Zeroing

Introduction

Continued rulings in World Trade Organization (WTO) disputes against the United States are having a profound effect on the WTO dispute settlement system, ongoing WTO negotiations, and U.S. anti-dumping law and practice.

Topic: 
Volume: 
15
Issue: 
20
Author: 
Tania Voon
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The WTO EC - Aircraft Panel and Appellate Body Reports on Subsidies to Airbus

Introduction

The WTO dispute in EC—Aircraft (DS316)[1] has been both lengthy (six years from the first consultations request to the circulation of the Appellate Body report) and complex (in terms of both legal and factual issues). This Insight provides a brief overview of the issues involved in the panel and appellate proceedings.

Factual Background

Topic: 
Volume: 
15
Issue: 
18
Author: 
Simon Lester
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Four Tribunals Apply ICSID Rule for Early Ouster of Unmeritorious Claims

Introduction

Topic: 
Volume: 
15
Issue: 
10
Author: 
John R. Crook
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Recent Developments in U.S. International Arbitration Law: Will Congress Take On the Supreme Court?

Introduction

Topic: 
Volume: 
14
Issue: 
35
Author: 
Ernesto J. Sanchez
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Kiobel v. Royal Dutch Petroleum: Another Round in the Fight Over Corporate Liability Under the Alien Tort Statute

 

Topic: 
Volume: 
14
Issue: 
31
Author: 
Chimène I. Keitner
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NAFTA Chapter 19 Panel Follows WTO Appellate Body in Striking Down Zeroing

I. Introduction

Topic: 
Volume: 
14
Issue: 
30
Author: 
Tania Voon
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