The United States legal system seeks to prevent and prohibit bribery and corruption through a myriad of laws, regulations and policies. Anti-corruption jurisprudence is more developed in the context of public sector contracts where the United States criminalizes bribery of public officials...

This article explores the role of the World Trade Organization (WTO) in promoting good governance while placing WTO within the larger framework of the ongoing global anti-corruption movement. Governmental policies aimed at fighting corruption are part of the good governance criteria set forth by...

Since 1995, the anti-corruption movement has had success in developing a global legal framework to combat transnational bribery and corruption. A distinguishing feature of the current anti-corruption movement is its emphasis on the economic cost of corruption and the involvement of the...

This essay examines the evolution of the Article XX General Exceptions provision of the General Agreement on Tariffs and Trade (“GATT 1994”) from its drafting history in 1946, to increasingly narrow interpretations by the GATT panels, and ultimately to the more expansive interpretations by...

The chapter describes the evolution of transparency obligations within the multilateral trading system. Beginning as obligations that were ancillary and subsidiary to the substantive provisions of market access and non-discrimination under the General Agreement on Tariffs and Trade (GATT 1947),...

This is Chapter 14 of the book entitled "Research Handbook on Intellectual Property and Climate Change", edited by Joshua D. Sarnoff and published in Spring 2016 by EE Elgar. The co-authors are Professors of Law specializing in International Trade Law. The chapter aims to identify some of the...

The creation of the WTO in 1995 has brought GATT Article X (and other procedural provisions) and Article XX to the forefront of WTO jurisprudence. The provisions of the WTO Agreements reflect the reality of the administrative state and with it the recognition that categories of regulation (such...

This article introduces the concept of "international development disputes". It argues that despite the well-acknowledged vagueness of 'development' as an operative legal concept, there exists a set of international legal differences (primarily international economic disputes, but not...

International investment tribunals often use the language of ‘rights' to characterize foreign investors' claims against host states, evoking the language of human rights and, in some cases, appearing to conflate the two concepts. We investigate the cognitive framing of the relationship between...

The 2003 Convention for the Safeguarding of Intangible Cultural Heritage (CSICH) was not intended to have legal repercussions in international trade. Nevertheless, ICH may interact with trade regulation under various scenarios. The CSICH “Representative List” inscribes numerous ICH elements...