Thomas J. Schoenbaum

International Trade and Protection of the Environment: The Continuing Search for Reconciliation

Before 1991, the relationship between the protection of the environment and international trade was an arcane specialty that attracted little attention. In 1971 the GATT Council established a Working Group on Environmental Measures and International Trade. This group did not even meet for over twenty years. Everything changed with the decision in the Tuna/Dolphin I case, in which a GATT dispute resolution panel declared a United States embargo on tuna caught by fishing methods causing high dolphin mortality to be illegal. The Tuna/Dolphin I decision produced an explosion of rhetoric in both learned journals and the popular press. It was also a very interesting clash of very different “cultures,” trade specialists versus environmentalists. At die outset, neither group knew much about the other. Now, however, the legal and political issues have been identified and ventilated, mutual understanding has increased, and the process has begun to reconcile two values that are absolutely essential to the well-being of mankind: protection of the environment and international free trade.

The Age of Austerity

The book begins with a detailed breakdown of the financial crisis and the government response in the United States, with particular focus on the Dodd-Frank Wall Street Reform and Consumer Protection Act. The author then puts forth a basic three-part plan calling for (1) fundamental tax and entitlement reform; (2) massive economic stimulus in the form of public and private investment to modernize the country’s aging infrastructures; and (3) mortgage relief to revitalize the nation’s housing markets. The book concludes with specific policy proposals designed to achieve these goals and return the US economy to a state of full employment and robust economic growth.

Legal Aspects of Foreign Direct Investment

Preface C. Grossman. Part A: Foreign Direct Investment (FDI) A. Escher. 1. Joint Introduction D.D. Bradlow, A. Escher. 2. Current Developments and Definition of FDI. 3. Legal Issues for National Policy Makers. 4. Legal Issues for Foreign Investors. 5. The Emerging Global Law on FDI. Part B: The Emerging International Law on FDI and Related Areas. 1. The World Bank Guidelines on the Treatment of Foreign Direct Investment S. Schlemmer-Schulte. 2. Bilateral and Multilateral Investment Treaties T. Mc Ghie. 3. Worker Rights and Foreign Direct Investment J.I. Levinson. 4. International Environmental Law and Foreign Direct Investment D. Hunter, S. Porter. 5. FDI and International Protection of Intellectual Property I. Selting. 6. Institutional Strengthening of Public Sector Procurement E. de Laurentiis. Part C: Legal and Financial Framework of Promoting FDI in Capital -- Importing and Capital -- Exporting Countries. 1. Asia Yi Li, S. Desai, N. Moller. 2. Africa A. Tejuoso, D.D. Bradlow. 3. Central and Latin America C. Acevedo, A. Soltero, S. Bacile. 4. Europe A. Vashkevich, P. Shevtsov, W.A. Adam.

A Note on the China Rare Earths Case

The World Trade Organization’s dispute settlement mechanism has considered and decided several cases involving export restrictions. Among these cases the most important and most recent is the China Rare Earths Case. In this paper the authors analyze and evaluate the panel and Appellate Body opinions in the Rare Earths Case. Three points are especially important. First, the case brings out the fact of the disparity between import and export measures in the law of the WTO. Unlike import measures, WTO discipline with respect to export measures is haphazard, inconsistent and unfair. Second, the case highlights the issue of the relationship between WTO Accession Protocols and the WTO Agreement. The authors dispute the conclusion of the Appellate Body that the rules of the GATT, specifically the general exceptions, do not apply to certain parts of China’s Accession Protocol. Third, the case shows the limitations that apply under WTO law with respect to conservation measures of natural resources that move in international trade.

Peace Movements and Pacifism after September 11

Contents:PrefacePART I: PEACE AND WAR AFTER SEPTEMBER 111. Peace Issues in the Post-9/11 WorldYoshikazu Sakamoto2. War and Peace in an Age of Terrorism and State TerrorismRichard Falk3. Searching for Peace in a World of Terrorism and State TerrorismJohan Galtung4. Disapora, Empire, Resistance: Peace and the Subaltern as Rupture(s) and Repetition(s)Lester Ruiz PART II: PACIFISM, PHILOSOPHY, RELIGION5. Kant and Anti-War Pacifism: The Political Theory of the Post-9/11 WorldOsamu Kitamura6. Christian Pacifism after 9-11: A Mennonite PerspectiveAtsuhiko Katano7. The Problem of Peace and World Order in an Islamic ContextNorio Suzuki8. On Constitutional Pacifism in Postwar JapanShin Chiba PART III: TOWARD PACIFISM AND PEACE MOVEMENTS TODAY9. Upon What Principles Should Foreign Policy Be Based in the Twenty-First CenturyThomas Schoenbaum10. Foreign Policy Pragmatism and Peace Movement Moralism: Can the Gap be Bridged - or Tertium Non Datur?Johan Galtung11. Globalization and the 21st Century US Peace MovementT.V. Reed12. A Peaceful Superpower: The Movement against War in IraqDavid Cortright