Trade law Part 38 in the United States

407
Trans-national Competition Law and the WTO
Keith R. Fisher
Journal of International Trade Law & Policy
Volume 5, Number 2, Winter 2006 LAW JOURNAL / LAW REVIEW
This article addresses certain competition-related issues that parties to a trans-national merger and acquisition (M&A) transaction must face, preferably during the strategic planning phase. The ultimate focus will be on the suitability vel non of the World Trade Organization (WTO) serving, as has been proposed by some scholars and political bodies, as a form of supranational competition law authority with respect to merger clearance. The conclusion reached is that the WTO is institutionally ill-suited for such a role but can, nonetheless, perform a useful albeit considerably more modest function as an enforcer of several purely procedural reforms suggested herein.

408
Safeguards in the World Trade Organization Ten Years After: A Dissociated State of the Law?
Pablo Martín Rodríguez
Journal of World Trade
Volume 41, Number 1, February 2007    p.159 LAW JOURNAL / LAW REVIEW

409
RELATIONSHIP OF WTO OBLIGATIONS TO U.S. INTERNATIONAL TRADE LAW: INTERNATIONALIST VISION MEETS DOMESTIC REALITY
Patrick C. Reed
Georgetown Journal of International Law
Volume 38, Number 1, 2006    p.209 LAW JOURNAL / LAW REVIEW

410
What is an exclusionary provision? Newspapers, rugby league, liquor and beyond
I S Wylie
Australian Business Law Review
Volume 35, Number 1, February 2007    p.33 LAW JOURNAL / LAW REVIEW
Practitioners have long struggled to identify whether and when their clients entering into joint ventures or other pro-competitive arrangements might inadvertently fall foul of the per se proscription of exclusionary provisions in ss 4D and 45(2) of the Trade Practices Act 1974 (Cth). Proposed amendments following the Dawson Review in 2004 partially addressed this issue by providing for common treatment of price fixing and exclusionary provisions with the introduction of a broader joint venture defence with a competition test. The resulting Dawson Bill finally passed in the Senate on 19 October 2006. At the time of writing, it is relevantly anticipated to commence on l January 2007, but it does not make any change for non-joint venture arrangements. The current legislation was the subject of two High Court decisions in 2003, South Sydney and Rural Press. Most recently, the first instance judgment in Woolworths, which considered in some detail and sought to apply those cases, was delivered on 30 June 2006. This article accordingly explores the current state of the Australian case law and legislation, how effectively it is being applied and whether there is room or need for change.

411
Technological enclosure of copyright: The end of fair dealing?
Melissa de Zwart
Australian Intellectual Property Journal
Volume 18, Number 1, February 2007    p.7 LAW JOURNAL / LAW REVIEW
Pursuant to its obligations under the Australia-United States Free Trade Agreement, Australia has recently enacted amendments to the Copyright Act 1968 (Cth) that significantly strengthen the legal enforcement of technological protection measures. This article considers whether there is any scope remaining within these provisions for the recognition of the defence of fair dealing. It considers the relevant United States law in order to establish some grounds for arguing that the rights of fair dealing must be preserved in the face of increased use of technological protection measures.

412
Relative Privacy: What Privacy Advocates Can Learn from Trade Secret Law
Sharon K. Sandeen
Michigan State Law Review
Volume 2006, Issue 3, Fall    p.667 LAW JOURNAL / LAW REVIEW

413
International Business and Trade Law
Fitzgerald, P. G.
Canadian Law Library Review
Volume 31, Number 4, 2006    p.209 LAW JOURNAL / LAW REVIEW

414
Matsushita, Mitsuo, Thomas J. Schoenbaum, and Petros C. Mavroidis. The World Trade Organization: Law, Practice, and Policy
Frank Garcia
American Journal of International Law
Volume 100, Number 4, October 2006    p.991 LAW JOURNAL / LAW REVIEW

415
Towards Uniform Electronic Contracting Law
Ter Kah Leng, Note
Singapore Academy of Law Journal
Volume 18, Number 1, 2006    p.234 LAW JOURNAL / LAW REVIEW
Legal uncertainties create huge business costs. Disharmony between national legal systems poses legal obstacles to international trading activities. This prompted the United Nations Commission on International Trade Law to draft the United Nations Convention on the Use of Electronic Communications in International Contracts. These uniform rules seek to remove legal obstacles, enhance legal certainty and commercial predictability, and lower transactional costs. This article considers the implications of these changes on electronic contracting law