Trade law Part 36 in the United States

386
What Impact Will the Revised Trade Union Law of China Have on Foreign Business?
Zana Z. Bugaighis
Pacific Rim Law & Policy Journal
Volume 16, Number 2, March 2007    p.405 LAW JOURNAL / LAW REVIEW

387
Plying the Liberty Trade: Law, Empire-Building, and the Enforcement of Antislavery Scriptures in the Reconstruction of New Mexico
Robert F. Castro
PoLar: Political and Legal Anthropology Review
Volume 30, Number 1, May 2007    p.109-130 LAW JOURNAL / LAW REVIEW

388
Banking Regulation and World Trade Law
ARMIN J. KAMMEL
Banking & Finance Law Review
Volume 22, Number 2, February 2007    p.299 LAW JOURNAL / LAW REVIEW

389
THE BAKUN DISPUTE: MANDATORY NATIONAL LAWS IN INTERNATIONAL ARBITRATION
Peter Megens and Max Bonnell
Australian Law Journal
Volume 81, Number 4, April 2007    p.259 LAW JOURNAL / LAW REVIEW
In international arbitration, it is accepted that the parties are free to determine what law will govern the substance of their dispute. But that freedom is not unlimited, because in some circumstances the parties will be unable to exclude the operation of the mandatory national laws that are binding on one or more of them. In Transfield v Pacific Hydro Ltd [2006] VSC 175, the Victorian Supreme Court considered the tension between the right of parties to an arbitration to choose the law that governs their dispute, the binding nature of awards of international arbitral tribunals, and the fact that parties are not permitted to exclude, by contract, liability under the Trade Practices Act 1974 (Cth). The decision raises serious questions about what rights a party has when an international arbitral tribunal refuses to apply mandatory national laws to the dispute under arbitration.

390
Towards a European White Certificates Scheme: Review under Current National Experiences and International Trade Law
Anne De Geeter
Journal of Energy & Natural Resources Law
Volume 25, Number 1, February 2007    p.1 LAW JOURNAL / LAW REVIEW

391
The Importance of History to the Design of Competition Policy Strategy: The Federal Trade Commission and Intellectual Property Law
William E. Kovacic
Seattle University Law Review
Volume 30, Number 2, Winter 2007    p.319 LAW JOURNAL / LAW REVIEW

392
DROIT DU COMMERCE INTERNATIONAL ET DE LA CONCURRENCE/ INTERNATIONAL TRADE AND COMPETITION LAW
International Business Law Journal
Number 1, 2007 LAW JOURNAL / LAW REVIEW

393
The Remedial Value of WTO Trade Sanctions: A Critical Appraisal
Abdul Ghafur Hamid
Singapore Academy of Law Journal
Volume 18, Number 2, 2006    p.372 LAW JOURNAL / LAW REVIEW
The most distinct characteristic of dispute settlement in the World Trade Organization (WTO) is the possibility of authorising a trade sanction against a non-complying member state. However, WTO observers are now questioning whether WTO trade sanctions are really advantageous to the success of the multilateral trading system. Against this background, the present paper first reviews the six disputes in which the WTO authorised trade sanctions, and then makes an appraisal of trade sanctions in terms of their consistency with the general international law of state responsibility and their contribution to the success of the multilateral trading system. The paper finds that trade sanctions are counterproductive and their remedial value is doubtful. Nevertheless, as there are not yet any alternatives that can replace trade sanctions, the conclusion is that the Dispute Settlement Understanding should be amended in order to dilute the stringency of trade sanctions and to conform with the law of state responsibility.

394
Community trade mark case law round-up 2006
Arnaud Folliard-Monguiral and David Rogers
Journal of Intellectual Property Law & Practice
Volume 2, Number 4, April 2007    p.215-233 LAW JOURNAL / LAW REVIEW

395
Philosophy, Trade, and Aids: Current Failures to Obtain a Substantive Patent Law Treaty
Kristen Riemenschneider
Virginia Journal of Law & Technology
Volume 11, Issue 3, Summer 2006 LAW JOURNAL / LAW REVIEW
11 Va. J.L. & Tech. 5 (2006) – Intellectual property rights (IPRs) are increasingly important to international trade. Developed countries, such as the United States, Japan, and the members of the European Union (EU), have comprehensive IPR schemes; by contrast, many developing countries do not grant IPRs or have adopted IPR regimes that tend to give fewer rights to the holders. This disparate treatment of IPRs gave rise to a thriving counterfeit and piracy trade in the 1980s, which, in turn, prompted the developed countries to seek global harmonization of IPR regimes through a Substantive Patent Law Treaty (SPLT). Thus far, the developed countries have been unsuccessful. This paper addresses the developed countries’ current failures to achieve a SPLT, and posits that this failure arises from the developed countries’ failure to address three issues – developing countries’ philosophies regarding the proper extent of IPRs, the developed countries’ previous use of trade leverage, and the developed countries’ responses to the current AIDS epidemic – and the developing countries ability to band together in an unprecedented manner.

396
Recent Developments in Trade Secrets Law
R. Mark Halligan
John Marshall Review of Intellectual Property Law
Volume 6, Issue 1, Fall 2006    p.59 LAW JOURNAL / LAW REVIEW

397
In Restraint of Trade: The Judicial Law Clerk Hiring Plan
Mark W. Pletcher and Ludovic C. Ghesquiere
University of Colorado Law Review
Volume 78, Number 1, Winter 2007    p.147 LAW JOURNAL / LAW REVIEW

398
International Trade and Economic Law and International Law: A Brief Panoramic and Comparative Survey of Publications
Kaiyan H Kaikobad
Manchester Journal of International Economic Law
Volume 3, Issue 3, 2006    p.122-133 LAW JOURNAL / LAW REVIEW

399
Economic and Legal Dimensions of Rights and Remedies 123 DEBRETT LYONS The Modern Law of Trade Marks (2nd edn)
PROFESSOR JEREMY PHILLIPS
European Intellectual Property Review
Volume 29, Issue 3, March 2007    p.123 LAW JOURNAL / LAW REVIEW

400
Failing Firm Defence Under the Clayton Act
IOANNIS KOKKORIS
European Competition Law Review
Volume 28, Issue 3, March 2007    p.158 LAW JOURNAL / LAW REVIEW
When competition authorities are assessing mergers involving a failing firm, they are faced with a trade off between the anticompetitive effects of a merger and the social benefits arising from allowing such a merger. This article will present the theoretical underpinnings and the case law practice of the US antitrust authorities as regards the failing firm defence.