Articles and Studies

Prevention and Settlement of Economic Disputes Between Japan and the United States: Part III: Dispute Avoidance and Dispute Settlement: Incomplete Rule Systems, System Incompatibilities and Suboptimal Solutions: Changing the Dynamic of Dispute Settlement

Author: 

Frederick M. Abbott

Arizona Journal of International and Comparative Law, Vol. 16, p. 185, 1999

This article concerns the avoidance and settlement of trade disputes between Japan and the United States. There are three aspects to the question of dispute settlement and avoidance between Japan and the United States that deserve close attention.

Technology and State Enterprise in the WTO

Author: 

Frederick M. Abbott

in STATE TRADING IN THE TWENTY-FIRST CENTURY 121, T. Cottier and P. Mavroidis, eds., 1998

Download here:  http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1924468 

The Silhouette of a Trojan Horse: Reflections on Advocate General Jacobs' Opinion in Silhouette v. Hartlauer

Author: 

Frederick M. Abbott and D.W. Feer Verkade

Journal of Business Law, p. 413, September 1998

The European Court of Justice (ECJ) has been asked to decide whether its own seminal jurisprudence on the prerequisites of the completed internal market may be extended into the international arena of trade, or should instead be mandatorily restricted to the European Union (EU) market itself.

First Report (Final) to the Committee on International Trade Law of the International Law Association on the Subject of Parallel Importation

Journal of International Economic Law, Vol. 1, No. 4, pp. 607-636, 1998

The First Report on Parallel Imports approaches the exhaustion/parallel imports question in broad economic terms, asking whether there may be an economic and social welfare benefit to permitting IPRs holders to block parallel imports that outweighs the potential harm to liberal trade.

Reflection Paper on China in the World Trading System: Defining the Principles of Engagement

Author: 

Frederick M. Abbott

in CHINA IN THE WORLD TRADING SYSTEM: DEFINING THE PRINCIPLES OF ENGAGEMENT, pp. 1-43, F.M. Abbott, ed., Kluwer Law International 1998

China's prospective membership in the World Trade Organization is one of the most significant developments relating to international institutions to take place in the past several decades.

The Enduring Enigma of TRIPS: A Challenge for the World Economic System

Author: 

Frederick M. Abbott

Journal of International Economic Law, Vol. 1, Issue 4, pp. 497-521, 1998

This special issue on trade-related aspects of intellectual property rights (TRIPS) is introduced with a perspective that focuses on the urgency of narrowing the gap in living standards between the rich nations and the poor.

WTO Dispute Settlement and the Agreement on Trade-Related Aspects of Intellectual Property Rights

Author: 

Frederick M. Abbott

in INTERNATIONAL TRADE LAW AND THE GATTIWTO DISPUTE SETTLEMENT SYSTEM 415-37 (ed. E.-U. Petersmann), Kluwer Law International, 1997 

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Public Policy and Global Technological Integration: An Introduction

Author: 

Frederick M. Abbott

in PUBLIC POLICY AND GLOBAL TECHNOLOGICAL INTEGRATION 3-13 (eds. F. M. Abbott & D. Gerber) (Kluwer Law International 1997), also published in 72 Chi-Kent L. Rev. 345 (1996-97)

The WTO TRIPS Agreement and Global Economic Development

Author: 

Frederick M. Abbott

in PUBLIC POLICY AND GLOBAL TECHNOLOGICAL INTEGRATION 39-65 (eds. F. M. Abbott & D. Gerber) (Kluwer Law International 1997), also published as 72 Chi-Kent L. Rev. 385 (1996-97)

The optimal approach to creating and maintaining an equitable balance in the international IPRs system will likely involve a combination of approaches.

From Theory to Practice:The Second Phase of the NAFTA Environmental Regime

in Enforcing Environmental Standards: Economic Mechanisms as Viable Means? 451-478 (R. Wolfrum ed., 1996) (Springer-Verlag)

This paper addresses the impact of the NAFTA on environmental enforcement in North America, and on the environment in North America.

Foundation Building for Western Hemispheric Integration

Author: 

Frederick M. Abbott

Northwestern Journal of International Law & Business, Vol. 17, 1996-97

The creation of the NAFTA and the negotiation of the FTAA are profoundly important political and economic developments for the United States, just as the creation of the European Economic Community and the widening of the European Union are profoundly important political and economic developments on the other side of the Atlantic.

The Maastricht Judgment, the Democracy Principle, and US Participation in Western Hemispheric Integration

in German Yearbook of International Law, Vol. 37, p. 137, 1994

The Maastricht Judgment of the German Constitutional Court has caused a considerable stir within the German legal community.

Regional Integration Mechanisms in the Law of the United States: Starting Over

Author: 

Frederick M. Abbott

Indiana Journal of Global Legal Studies, Vol. 1, 1993, at 155-84

This contribution will focus on the legal system of the United States and will consider the recent bias of the U.S. Congress toward according a non-self-executing character to RIMs to which the United States has become party.

NAFTA and the Future of United States—European Community Trade Relations: The Consequences of Asymmetry in an Emerging Era of Regionalism

Author: 

Frederick M. Abbott

Hastings International and Comparative Law Review, Vol. 16, 1993, at 489-526

This article will set out the legal context of the emerging trading relationship between the European Community and NAFTA.

The NAFTA Environmental Dispute Settlement System as Prototype for Regional Integration Arrangements

Author: 

Frederick M. Abbott

4 [1993] Y.B. Int'l Envtl. L. 3 (Günther Handl ed., 1994) (Oxford Univ. Press)

This article addresses NAFTA's environment-related dispute settlement mechanisms and how these might serve as a prototype for other regional integration efforts.

Regional Integration and the Environment: The Evolution of Legal Regimes

Chicago-Kent Law Review, Vol. 68, 1992, pp. 173-201

This Essay considers one aspect of the regional integration phenomenon, examining it in the specific context of its present and potential impact on regimes for the protection of the environment.

Trade and Democratic Values

Author: 

Frederick M. Abbott

Minnesota Journal of Global Trade, Vol. 1, No.1, p. 9, 1992

This essay concerns the fundamental principles that will guide congressional deliberations regarding trade policy in the coming months and years.

The Scope of U.S. Senate Control Over the Conclusion and Operation of Treaties

Author: 

Stefan A. Riesenfeld and Frederick M. Abbott

in PARLIAMENTARY PARTICIPATION IN THE MAKING AND OPERATION OF TREATIES: A COMPARATIVE STUDY 261, S. Riesenfeld & F. Abbott eds., Martinus Nijhoff 1994, also published in 67 Chi.-Kent Law Review No. 571, 1991

This article will briefly describe the basic allocation of the treaty power in the United States and the status of treaty law in the municipal legal system. These matters are the subject of a number of excellent studies by American and foreign scholars. Our main concern, however, is with a particular feature of the constitutional landscape-the role which the Senate plays in the treaty-making process through the attachment of qualifications to resolutions of ratification; namely amendments, reservations, understandings, declarations, and provisos. We are concerned with the effect these conditions are accorded by the President, United States courts, and the international community.

GATT and the European Community: A Formula for Peaceful Coexistence

Michigan Journal of International Law, Vol. 12, No. 1, 1990

This article addresses the relationship between the GATT, the European Community and other RTAs as and when trade in services and other 'new areas' are incorporated into the GATT framework.

Protecting First World Assets in the Third World: Intellectual Property Negotiations in the GATT Multilateral Framework

Author: 

Frederick M. Abbott

22 Vand. J. of Transnat'l L. 689 (1989)

This article addresses industrialized countries' growing concerns over technology transfer and their efforts to obtain protection of intellectual property rights under the General Agreement on Tariffs and Trade (GATT).

Bargaining Power and Strategy in the Foreign Investment Process: A Current Andean Code Analysis

Author: 

Frederick M. Abbott

3 Syracuse J. of Int'l L. & Comm. 319 (1975)

In 1970, the countries of the Andean Common Market (the Andean Pact or ANCOM), adopted uniform foreign investment regulations. The Andean Foreign Investment Code, as Decision 24 of the Andean Commission is called, regulates both the treatment of foreign capital entering or within ANCOM, and related agreements on the transfer of technology, patents, licenses, and royalties. The member countries of ANCOM were required by Decision 24 to implement this Code as domestic legislation following its adoption by the Andean Commission.

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