From Here to Beijing- Public_Private Overlaps in Trade and Their
➤ Gửi thông báo lỗi ⚠️ Báo cáo tài liệu vi phạmNội dung chi tiết: From Here to Beijing- Public_Private Overlaps in Trade and Their
From Here to Beijing- Public_Private Overlaps in Trade and Their
aTm school of lawATEXAS A4M UNIVERSITYTexas A&M University School of LawTexas A&M Law ScholarshipFaculty Scholarship39814From Here to Beijing: Public/ From Here to Beijing- Public_Private Overlaps in Trade and Their/Private Overlaps in Trade and TheirEffects on U.S. LawElizabeth TrujilloTexas A&M University School of Law. etrujillo(ailaw.tamu.eduFollow this and additional works at: https://scholarship.lawtamu.edu/facscholardr Part of the International Law Commons, and the International Trade Law CommonsRecomme From Here to Beijing- Public_Private Overlaps in Trade and Theirnded CitationElizabeth Trujillo, From Here to Beijing: Public/Pnvate Overlaps in Trade and Their Effects on U.S Law. 40 Loy. u. Chi. L.J. 691 (2009).AFrom Here to Beijing- Public_Private Overlaps in Trade and Their
vailable at: https://scholarshiplaw.tamu.edu/facscholar/803This Article is brought to you for free and open access by Texas A&M Law Scholarship. It haaTm school of lawATEXAS A4M UNIVERSITYTexas A&M University School of LawTexas A&M Law ScholarshipFaculty Scholarship39814From Here to Beijing: Public/ From Here to Beijing- Public_Private Overlaps in Trade and Theiraretteen@law.tamu edu.From Here to Beijing: Public/Private Overlaps in Trade and Their Effects on U.S. LawBy: Elizabeth Trujillo*IntroductionDespite China’s recent achievements at the Beijing Olympics,* 1 news involving contaminated pet food and unsafe toys imported from China makes US question the From Here to Beijing- Public_Private Overlaps in Trade and Theirlegal frameworks that facilitated such incidents and stirs anti-globalization sentiment.2 While consumers wonder about the role their governments playFrom Here to Beijing- Public_Private Overlaps in Trade and Their
in this context and look for remedies that respond in some meaningful way to the forces of globalization, deeper questions lie underneath the surfaceaTm school of lawATEXAS A4M UNIVERSITYTexas A&M University School of LawTexas A&M Law ScholarshipFaculty Scholarship39814From Here to Beijing: Public/ From Here to Beijing- Public_Private Overlaps in Trade and Their more opportunities for corporations to export their products. However, amid this increasing exchange of goods, the regulatory power of states and the jurisdictional reach of domestic courts are constrained. International regimes such as* Associate Professor. Suffolk University Law School. This pape From Here to Beijing- Public_Private Overlaps in Trade and Theirr was presented at the following conferences and faculty workshops: Suffolk University Law School, January 2009; Law and Society Annual Meeting in MayFrom Here to Beijing- Public_Private Overlaps in Trade and Their
2008, Montreal. Quebec. Canada as part of a panel on the effects of transnational legal processes and international trade on domestic regulatory poliaTm school of lawATEXAS A4M UNIVERSITYTexas A&M University School of LawTexas A&M Law ScholarshipFaculty Scholarship39814From Here to Beijing: Public/ From Here to Beijing- Public_Private Overlaps in Trade and Theirnior International Law Scholars Annual Conference, New York Law School, New York, New York, February. 2008. Many thanks to all those participants who have conưibuted greatly to the development of this piece. Special thanks to Hannah Buxbaum, David Gantz, Joseph Franco, Alasdair Roberts, Jessica Silb From Here to Beijing- Public_Private Overlaps in Trade and Theirey, and Joel p. Trachtman for comments on earlier drafts. My gratitude as well for the wonderful research assistance of Aykut Ozgcr, Nicole HostettlerFrom Here to Beijing- Public_Private Overlaps in Trade and Their
, and Merissa Farmer as well as my colleagues at Suffolk University Law School for their support and comments on this Article.1.See generally NicholasaTm school of lawATEXAS A4M UNIVERSITYTexas A&M University School of LawTexas A&M Law ScholarshipFaculty Scholarship39814From Here to Beijing: Public/ From Here to Beijing- Public_Private Overlaps in Trade and Their Senate Homeland Security Committee Begins Investigation of Toy Import Safety, 24 Int’L Trade Rep. 1243 (2007); Ed Taylor, Trade Policy Brazil Bans Imports of Mattel Toys on Heels of Recall, Lead Paint Issues, 24 Int’L Trade Rep. 1325 (2007); Kathleen E. McLaughlin, Standards: EU Urges Quality, Safe From Here to Beijing- Public_Private Overlaps in Trade and Theirty Assurances for Chinese Food, Consumer Exports, 24 Int’L Trade Rep. 1072 (2007); see also Audra Ang. China Defends Quality of its Exported Goods, PrFrom Here to Beijing- Public_Private Overlaps in Trade and Their
oblems Attributed to Differing Standards, U.S. Product Designs, Grand Rapids Press, Aug. 28, 2007, at C4.691692Loyola University Chicago Law Journal [aTm school of lawATEXAS A4M UNIVERSITYTexas A&M University School of LawTexas A&M Law ScholarshipFaculty Scholarship39814From Here to Beijing: Public/ From Here to Beijing- Public_Private Overlaps in Trade and Theirng to changing legal and regulatory landscapes. As a result, a collage of trade and private investment regimes has emerged regionally and bilaterally. At times, these regimes, through their various dispute resolution bodies, seem to work in tandem. Other times, though, they collide and conflict with From Here to Beijing- Public_Private Overlaps in Trade and Their one another on substantive issues relating to trade, private investment, and domestic policy.This article maps the legal paradigms in place under intFrom Here to Beijing- Public_Private Overlaps in Trade and Their
ernational ưade law and demonstrates the way in which trade issues overlap with the interests of private investors. When WTO panels, in dealing with raTm school of lawATEXAS A4M UNIVERSITYTexas A&M University School of LawTexas A&M Law ScholarshipFaculty Scholarship39814From Here to Beijing: Public/ From Here to Beijing- Public_Private Overlaps in Trade and Theircal overlaps that exist among trade and investment causes of action, particularly in the context of traditionally state regulated industries, governments (through forum shopping to the WTO) can indirectly assist foreign investors in their private rights of actions against a host government. Furtherm From Here to Beijing- Public_Private Overlaps in Trade and Theirore, overlapping disputes in multiple fora can place unnecessary financial burdens on developing nations. A “bottom-up coordination,” that is, from reFrom Here to Beijing- Public_Private Overlaps in Trade and Their
gional tribunals to WTO panels, without the necessary “top-down coordination” by the WTO to regional tribunals can strengthen the power of special intaTm school of lawATEXAS A4M UNIVERSITYTexas A&M University School of LawTexas A&M Law ScholarshipFaculty Scholarship39814From Here to Beijing: Public/ From Here to Beijing- Public_Private Overlaps in Trade and Theiren trade and investment causes of action, this paper illustrates that the same non-state actors arc bringing similar investment3.See, e.g., Paul Schiff Berman. The Globalization of Jurisdiction, 151 u. Pa. L. Rev. 311 (2002) (distinguishing between "bottom-up norm creation” and the traditional “top- From Here to Beijing- Public_Private Overlaps in Trade and Theirdown” approach to international law where international institutions can influence norms that are implemented by nation-states); See also. Janet KovcnFrom Here to Beijing- Public_Private Overlaps in Trade and Their
Lcvit, A Bottom-Up Approach to International Lawmaking: The Tale of Three Trade Finance Instruments, 30 Yale J. Int’L L. 125 (2005) (using bottom up aTm school of lawATEXAS A4M UNIVERSITYTexas A&M University School of LawTexas A&M Law ScholarshipFaculty Scholarship39814From Here to Beijing: Public/ From Here to Beijing- Public_Private Overlaps in Trade and Their, Greg Shaffer, Defending Interests: Public-Private Partnerships in WTO Litigation 1-18 (Brookings Institution Press 2003) (describing the relationship between "public-private networks” and international governance, specifically through the "blurring" of the public and private divide in WTO trade li From Here to Beijing- Public_Private Overlaps in Trade and Theirtigation).4.See Joost Pauwelyn, ICTSAD/GIAN-RƯIG, Speaker notes for dialogue on the Mexico Soft Drinks Dispute: Implications for Regionalism and for TFrom Here to Beijing- Public_Private Overlaps in Trade and Their
rade and Sustainable Development: “Choice of Jurisdiction” WTO and Regional Dispute Settlement Mechanisms: Challenges, Options and Opportunities, at 1aTm school of lawATEXAS A4M UNIVERSITYTexas A&M University School of LawTexas A&M Law ScholarshipFaculty Scholarship39814From Here to Beijing: Public/ From Here to Beijing- Public_Private Overlaps in Trade and Theirncial burden on developing countries).2009]Public/Privaie Overlaps in Trade693disputes before regional tribunals such as NAFTA and at the same time, lobbying their governments for the trade adjudication before the WTO. By ignoring these overlaps, WTO adjudication becomes fraught with inconsistency a From Here to Beijing- Public_Private Overlaps in Trade and Theirnd a perceived bias which effectively alienates its members from the multilateral trade system. This is especially relevant in the context of domesticFrom Here to Beijing- Public_Private Overlaps in Trade and Their
regulation, where national treatment provisions under the GATT limit the extent to which a member state may enforce domestic regulations, even those aTm school of lawATEXAS A4M UNIVERSITYTexas A&M University School of LawTexas A&M Law ScholarshipFaculty Scholarship39814From Here to Beijing: Public/ From Here to Beijing- Public_Private Overlaps in Trade and Theirent for not doing more to prevent this, and yet others may shake their fists at the Chinese for their perceived negligence. Though most trade agreements incorporate provisions allowing for domestic governments to pass legitimate regulations regarding health and safety, national and state governments From Here to Beijing- Public_Private Overlaps in Trade and Their still run the risk of being perceived as protectionist if they pass regulations that do not fall within those strict parameters.5 Domestic courts mayFrom Here to Beijing- Public_Private Overlaps in Trade and Their
be able to resolve some of the state consumer protection issues, but cannot necessarily reach the foreign manufacturer in any meaningful way to find aTm school of lawATEXAS A4M UNIVERSITYTexas A&M University School of LawTexas A&M Law ScholarshipFaculty Scholarship39814From Here to Beijing: Public/ From Here to Beijing- Public_Private Overlaps in Trade and Their National treatment provisions within the GATT or the North American Trade Agreement (NAFTA), for example, limit the power of domestic regulation by ensuring that foreign products that are “like” domestic products be treated in a non-discriminatory manner.7 It can be difficult for states to meet thi From Here to Beijing- Public_Private Overlaps in Trade and Theirs non-5.See, e.g., Final Act Embodying the Results of the Uruguay Round of Multilateral Trade Negotiations, Technical Barriers to the Trade Agreement.From Here to Beijing- Public_Private Overlaps in Trade and Their
Apr. 15, 1994, WTO Agreement, Annex IA (hereinafter TBT Agreement]; Final Act Embodying the Results of (he Uruguay Round of Multilateral Trade NegotiGọi ngay
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