Publications by Gregory W. Bowman
University of Toledo Law Review, 2019
U.S. legal education is currently experiencing rapid and massive change that is both destabilizin... more U.S. legal education is currently experiencing rapid and massive change that is both destabilizing and disconcerting. Across the nation, law schools face enormous challenges and a future filled with programmatic and financial uncertainty. This essay uses the work of urbanist Richard Florida to discuss these challenges and suggest ways to develop paths forward that best benefit law students, the public, and law schools themselves.
Keywords: legal education, Richard Florida, law student, law school, legal profession, innovation, change, tradition, legal training, diversity, inclusivity, intentional, aspirational, adapt
Marquette Law Review, 2014
Unlike inbound trade regulation, which is characterized by deep multilateralism, the regulation o... more Unlike inbound trade regulation, which is characterized by deep multilateralism, the regulation of export trade is characterized by significant unilateralism. Nowhere is this more apparent than with the United States’ export control laws. Since at least 1982, the United States has claimed the power to regulate the use and reexport of U.S. origin goods, software, and technologies located abroad, based primarily on the fact that these items are of U.S. origin (or are foreign-origin items with some U.S. content). These “item origin-based” jurisdictional claims, which in 1982 arose from a trade dispute with European countries over a proposed natural gas pipeline from the Soviet Union, resulted in a flurry of academic commentary in the 1980s, with most commentators condemning this U.S. assertion of extraterritorial jurisdiction. Attention to the issue has waned since then, but the United States’ problematic assertion of item origin-based export control jurisdiction remains in place.
This Article asserts that the United States’ longstanding claim of extraterritorial export control jurisdiction is an under-appreciated but vitally important issue in need of resolution. Exponential growth in international trade means that the United States’ asserted jurisdictional reach is vastly broader today. This Article explains the nature and mechanics of the United States’ jurisdictional claim, provides a summary of the 1982 Soviet gas pipeline trade dispute, reconsiders the justifiability of the United States’ jurisdictional claim under prescriptive jurisdictional principles of international law, and finds the current approach legally awkward and strategically insufficient. It then considers the issue through the lens of more recent scholarship on transnational networks, mutual recognition arrangements, and unilateral trade actions, and concludes by recommending a multilateral approach that offers greater promise of both policy effectiveness and legality under international law.
Keywords: exports, export controls, outbound, jurisdiction, extraterritorial, extraterritoriality, sanctions, embargoes, WTO, world trade organization, networks, wassenaar
Journal of Transnational Legal Issues, 2012
U.S. law schools currently run more than 200 study abroad programs annually, but scant law review... more U.S. law schools currently run more than 200 study abroad programs annually, but scant law review literature exists on the subject. This is surprising, because study abroad programs are a central mainstay of U.S. law schools’ global programming efforts. This essay therefore addresses the design and administration of law school study abroad programs, and does so through the comparative lens of feng shui principles. The result is a useful taxonomy of factors that must be considered, and balanced, in order for law school study abroad programs to be fully effective - both as stand-alone programs and as platforms for additional global programming.
Keywords: Study Abroad, Globalization, Transnationalization, Legal Education
West Virginia Law Review, 2012
Federalism and international trade regulation are popular topics in the legal literature, but the... more Federalism and international trade regulation are popular topics in the legal literature, but the intersection of these two topics remains under-examined. This article explores this important intersection by engaging in a comparative analysis of U.S. and Canadian federalism, and by considering the effect of these countries' federal structures on their formulation and implementation of international trade policies - which, in turn, may affect their ability to contribute to the development of international law in the international trade arena.
Keywords: federalism, international trade, foreign policy, United States, Canada, foreign commerce, foreign affairs, preemption, sovereignty, Montesquieu, regionalism, regional trade
Trade, Law and Development, 2011
The subject of international trade, with its many promises and perils, has spawned a vast body of... more The subject of international trade, with its many promises and perils, has spawned a vast body of literature. In “Developing Countries and the Multilateral Trade Regime: The Failure and Promise of the WTO’s Development Mission,” Dr. Donatella Alessandrini reviews the international development efforts of the past century and presents a Marxist narrative of how developing countries have been disadvantaged by the multilateral trade regime.
This book review evaluates Alessandrini’s historical narrative and critique, and also discusses several other possible narratives (which are not explored in the book) that both could complement Alessandrini’s existing narrative and serve as avenues for further analysis and exploration of developing countries within the international trade regime.
Keywords: International Trade, WTO, Development, Developing Countries, Fair Trade, Multilateral Trade
Global Trade and Customs Journal, 2010
Although Mexican antidumping and countervailing duty laws are similar in important respects to th... more Although Mexican antidumping and countervailing duty laws are similar in important respects to the unfair trade laws of Mexico’s NAFTA partners, the United States and Canada, there are significant procedural and substantive differences. In light of these differences, and given that Mexico is one of the WTO’s most frequent users of unfair trade laws (including at least 25 actions against United States producers in recent years), the subject warrants closer study and analysis by academics and practitioners alike. This article explores the subject of Mexican antidumping and countervailing duty laws in detail by discussing their origins and historical development; comparing them to their U.S. and Canadian counterparts; and guiding the reader through the life-cycle of Mexican antidumping and countervailing duty cases. It also analyzes the various administrative and judicial review options, including NAFTA’s Chapter 19, along with relevant Mexican court, NAFTA binational panel and WTO Dispute Settlement Body jurisprudence. (The article in slightly different form is Chapter 5 in Trade Remedies in North America (Kluwer Law Int’l, 2010).
Keywords: Mexico, international trade, antidumping, countervailing duty, trade remedies, NAFTA
Welters Kluwer, 2010
There is no question that the North American Free Trade Agreement (NAFTA) greatly enhanced trade ... more There is no question that the North American Free Trade Agreement (NAFTA) greatly enhanced trade among the United States, Canada and Mexico. Still, despite the Agreement’s title, a sizeable portion of trade between the three countries is not ‘free’ at all. Likewise, notwithstanding successive multilateral trade deals and dozens of bilateral free trade agreements concluded individually by the NAFTA countries with other countries, a great deal of trade between the NAFTA countries and non-NAFTA countries remains subject to various restrictions. These restrictions include trade remedies, i.e. antidumping duties, countervailing duties, and safeguards.
The aim of this timely book is to bring together in a single detailed work the law and practice of trade remedies in all three NAFTA countries, including the role of legal and economic analysis in trade remedy determinations, in light of the relevant international trade rules at the bilateral, NAFTA and WTO levels and their economic and political underpinnings.
‘This treatise is without doubt the most comprehensive and well written on the subject... a tour de force that sets a new high-water mark in published works on the topic. Three Cheers for Trade Remedies in North America!’ – Rajeev Sharma, Bayer Inc./York University
‘This publication fills a void... superlative’. – Anthony Eyton, former Chairman of the Canadian International Trade Tribunal
Brigham Young University Education and Law Journal, 2008
In the ongoing debate about how to improve law school teaching, there is a general consensus that... more In the ongoing debate about how to improve law school teaching, there is a general consensus that law schools should do more to train junior faculty members how to teach. That is certainly true - but it inadvertently leads to an implicit assumption that is not true: that in all facets of law teaching, junior faculty are at a disadvantage compared to senior faculty. Yet there are aspects of teaching for which junior faculty can be better suited than their senior colleagues. This Article reviews law teaching scholarship and identifies three teaching factors that generally favor junior law faculty: generational proximity to the student body; recency of law practice experience as junior practitioners; and lower susceptibility to the problem of conceptual condensation - extreme depth of subject matter knowledge that makes it difficult to see subjects from the students' perspective.
This Article employs the economic concepts of (a) economies of scale or productive efficiency and (b) absolute and comparative advantage to suggest how these junior faculty advantages could be harnessed to improve law school teaching. It concludes by discussing the implications of these recommendations for law school culture in general and for the legal profession as a whole.
Indiana International & Comparative Law Review, 2008
The subject of "preferential trade agreements" (PTAs) has been the focus of significant discussio... more The subject of "preferential trade agreements" (PTAs) has been the focus of significant discussion in recent years. Much of the attention has concerned the economic desirability of preferential trade liberalization versus multilateral trade liberalization. While the debate about the benefits and dangers of trade liberalization via PTAs is an important one, it tends to overlook or mask other, more basic questions about PTA formation, scope, and membership.
The thesis of this Article is that decisions regarding PTA formation, the precise PTA forms used, membership, and the sectoral scope of PTAs are, at their core, decisions about deepening existing economic relationships versus broadening to form new ones. That is, these and other PTA decisions operate within a larger framework in which each PTA decision is, ultimately, a choice between deepening a state's existing economic relationships to make them more fully integrative, versus broadening a state's formal transnational economic ties to include new ties that are less deep, in an integrative sense. This Article explores the legal and policy implications of this conceptualization of PTAs, with primary focus on U.S. PTA activity.
New York Law School Law Review, 2007
With the stunning growth of international trade in the last half century, the distinction between... more With the stunning growth of international trade in the last half century, the distinction between public international law and private international law has become increasingly blurred. The effect of this definitional blurring is of particular importance in the area of state and government succession. Yet post-Cold War succession events clearly illustrate that international law doctrine on state and government succession does not reflect state practice.
With this in mind, Professor Tai-Heng Cheng's book, STATE SUCCESSION AND COMMERCIAL OBLIGATIONS, proposes a reconceptualization of state and government succession doctrine. The book manages to address this complex subject from a variety of detail-specific angles without losing sight of the larger, complex picture of globalization. It also recommends a new legal approach to state and government succession that is more consistent with actual state practice, and it meshes this approach, to the extent possible, with existing doctrine.
This book review first summarizes and discusses the book's key principles and observations, and then analyzes Professor Cheng's reconceptualization of state and government succession from two perspectives not explored in the text - namely, economic theory concerning the identification and allocation of rights, and virtual state theory - that might be useful avenues for further inquiry. The review closes with comments regarding how Professor Cheng's reconceptualization might be applied to the 2003 invasion and subsequent reconstruction of Iraq, and future succession events as well.
Keywords: succession, state succession, government succession, international law, debt, odious debt, commercial obligation, globalization, Vienna Convention, Iraq
Houston Law Review, 2006
Following the September 11, 2001, terrorist attacks, the U.S. government implemented a number of ... more Following the September 11, 2001, terrorist attacks, the U.S. government implemented a number of inbound cargo security programs it described as "pushing the border outward" or "expanding [the U.S.] perimeter of security." Are these statements rhetorical flourish, or do these programs materially affect international cargo trade? This article argues that far from being mundane or rhetorical, these cargo security programs are transforming how U.S. borders operate from both a conceptual and practical perspective. Specifically, by moving certain aspects of border functionality to locations well-removed from the physical U.S. border, these programs make U.S. regulation of inbound trade significantly more extraterritorial. These changes affect not only U.S. national security, but also the very patterns and growth of international trade in goods.
Georgetown Journal of International Law, 2004
Over the past several decades, enormous technological, economic and political changes have transf... more Over the past several decades, enormous technological, economic and political changes have transformed the U.S. economy and the application of U.S. export controls. Technological advances have revolutionized the types of products available and the ways they can be exported. Software and technical data have become articles of commerce in their own right and can be exported electronically, not just physically. As a result, electronic activities defined as "exports" have increased exponentially, far in excess of economic growth.
Yet despite these revolutionary changes, the basic structure of U.S. export controls has remained unaltered. The regime is outdated, but efforts at reform have ignored the controls' most fundamental structural aspect: that they look to individual export transactions as the events to be regulated. The regulation of individual transactions is so embedded in the system that many observers see it as an indelible feature. Form supersedes substance, and the system meets neither its expressly stated goal of facilitating trade nor its primary goal of promoting national security objectives.
In order to reconcile these two seemingly incompatible goals, this article recommends that U.S. commercial export controls focus primarily on the identity of the exporter and the scope of the exporter's export activities, and only secondarily on specific export transactions. This "account-based" approach to export controls would reduce many current difficulties faced by U.S. exporters, by deemphasizing the often artificial and burdensome focus on discrete transactions. An account-based approach would more accurately reflect activities taking place in international commerce and allow them to be vetted for the end user/end use concerns that have become so important in export controls - and thus both address U.S. national security concerns and improve export efficiency.
Keywords: Export Controls Technology, International Business
Transnational Law & Contemporary Problems, 1994
Supporters of a liberal international economic system have long regarded regional organizations s... more Supporters of a liberal international economic system have long regarded regional organizations such as free trade areas and customs unions with ambivalence. On one hand, these organizations can have a stronger political base than multilateral institutions such as the WTO, and this can make trade liberalization and integration easier to achieve and maintain. On the other hand, regional organizations potentially could splinter the global economy. However, in recent years two new and very different forms of integration have arisen in Asia and the Pacific Basin. These approaches significantly depart from the traditional paradigm of discriminatory blocs. The first approach is a micro approach, in which small subregional groupings have emerged. These are not preferential trade blocs per se, but rather are transnational areas that function primarily as diverse, unified bases for integrated investments and related activities by multinational firms. The second approach is a macro approach characterized by efforts aimed at super-regional economic integration. These concepts are at odds with the traditional preferential view of regional integration, and hold the potential to both further liberalize trade among organization members and simultaneously extend the benefits of trade liberalization to non-members. These forms of economic integration thus may have significant effects on the international economic system, including the promotion of global integration.
In the years since this article was written, Asia and the Pacific Basin have undergone significant economic upheaval and slowed growth. Yet the regional economic integration efforts described in this article have continued and have worked (sometimes at a modest pace) to further regional economic integration. This article therefore continues to offer a useful conceptual discussion of these organizations and their radically different nature from more traditional regional trade organizations—as well as an historical record of innovative regionalism efforts in the Asia-Pacific region.
Keywords: regional organizations, integration, international trade, WTO, World Trade Organization, free trade area, customs union, APEC, PECC, Asia Pacific
Northwestern Journal of International Law & Business, 1994
In November 2005, President Bush attended the fourth Summit of the Americas in Argentina, where h... more In November 2005, President Bush attended the fourth Summit of the Americas in Argentina, where he sought support for liberalized pan-American trade and the formation of the long-stalled Free Trade Area of the Americas, or FTAA. Not surprisingly, he made little progress on the FTAA, which the United States has unsuccessfully sought to form for more than a decade. Venezuelan President Huge Chavez continued his vitriolic attacks on the United States (and President Bush in particular), and while leaders of other democratic Central and Latin American nations largely distanced themselves from Chavez they did not endorse formation of an FTAA anytime soon. On the other hand, these countries did at least agree to continue discussing the possibility and structure of an FTAA.
It is all too clear, then, that while progress toward an FTAA is stalled, many Central and Latin American nations recognize the enormous potential benefits of a pan-American regional trade organization. Yet real progress toward an FTAA eludes both the United States and its western hemispheric trading partners. In fact, there have been multiple pan-American summits and ministerial meetings on the elusive FTAA since 1994, and yet an FTAA has yet to be formed. This is certainly a discouraging state of affairs, and it underscores the need for a new approach to regional integration in the Americas.
In this article, which the author co-wrote several years ago with Professor Kenneth Abbott at the Northwestern University School of Law, we recommended that an FTAA be formed not on the traditional regional trade agreement principles of exclusion and preferential treatment, but rather on a newer policy of open regionalism. Given the growing importance of regionalism in the years since this article was written, and the lack of progress toward an FTAA, it remains highly pertinent today, both as an historical record and as a discussion of the the challenges and possibilities presented by regionalism in the western hemisphere.
Papers by Gregory W. Bowman
SSRN Electronic Journal, 2012
U.S. law schools currently run more than 200 study abroad programs annually, but scant law review... more U.S. law schools currently run more than 200 study abroad programs annually, but scant law review literature exists on the subject. This is surprising, because study abroad programs are a central mainstay of U.S. law schools' global programming efforts. This essay therefore addresses the design and administration of law school study abroad programs, and does so through the comparative lens of feng shui principles. The result is a useful taxonomy of factors that must be considered, and balanced, in order for law school study abroad programs to be fully effective-both as stand-alone programs and as platforms for additional global programming.
Supporters of a liberal international economic system have long regarded regional organizations s... more Supporters of a liberal international economic system have long regarded regional organizations such as free trade areas and customs unions with ambivalence. On one hand, these organizations can have a stronger political base than multilateral institutions such as the WTO, and this can make trade liberalization and integration easier to achieve and maintain. On the other hand, regional organizations potentially could splinter the global economy, since their trade liberalization and economic integration effects are generally limited to bloc members. However, in recent years two new and very different forms of integration have arisen in Asia and the Pacific Basin. These approaches significantly depart from the traditional paradigm of discriminatory blocs. The first approach is a micro approach, in which small subregional groupings (often called growth triangles) have emerged. These are not preferential trade blocs per se, but rather are transnational areas that function primarily as d...
Brigham Young University Education and Law Journal, 2007
In the ongoing debate about how to improve law school teaching, there is a general consensus that... more In the ongoing debate about how to improve law school teaching, there is a general consensus that law schools should do more to train junior faculty members how to teach. That is certainly true – but it inadvertently leads to an implicit assumption that is not true: that in all facets of law teaching, junior faculty are at a disadvantage compared to senior faculty. Yet there are aspects of teaching for which junior faculty can be better suited than their senior colleagues. This Article reviews law teaching scholarship and identifies three teaching factors that generally favor junior law faculty: generational proximity to the student body; recency of law practice experience as junior practitioners; and lower susceptibility to the problem of conceptual condensation – extreme depth of subject matter knowledge that makes it difficult to see subjects from the students' perspective. This Article employs the economic concepts of (a) economies of scale or productive efficiency and (b) a...
Latin American Economics eJournal, 2010
Although Mexican antidumping and countervailing duty laws are similar in important respects to th... more Although Mexican antidumping and countervailing duty laws are similar in important respects to the unfair trade laws of Mexico’s NAFTA partners, the United States and Canada, there are significant procedural and substantive differences. In light of these differences, and given that Mexico is one of the WTO’s most frequent users of unfair trade laws (including at least 25 actions against United States producers in recent years), the subject warrants closer study and analysis by academics and practitioners alike. This article explores the subject of Mexican antidumping and countervailing duty laws in detail by discussing their origins and historical development; comparing them to their US and Canadian counterparts; and guiding the reader through the life-cycle of Mexican antidumping and countervailing duty cases. It also analyzes the various administrative and judicial review options, including NAFTA’s Chapter 19, along with relevant Mexican court, NAFTA binational panel and WTO Dispu...
Mississippi College School of Law Legal Studies Research Paper Series, 2006
With the stunning growth of international trade in the last half century, the distinction between... more With the stunning growth of international trade in the last half century, the distinction between public international law and private international law has become increasingly blurred. The effect of this definitional blurring is of particular importance in the area of state and government succession. Yet post-Cold War succession events clearly illustrate that international law doctrine on state and government succession does not reflect state practice. With this in mind, Professor Tai-Heng Cheng's book, STATE SUCCESSION AND COMMERCIAL OBLIGATIONS, proposes a reconceptualization of state and government succession doctrine. The book manages to address this complex subject from a variety of detail-specific angles without losing sight of the larger, complex picture of globalization. It also recommends a new legal approach to state and government succession that is more consistent with actual state practice, and it meshes this approach, to the extent possible, with existing doctrine...
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Publications by Gregory W. Bowman
Keywords: legal education, Richard Florida, law student, law school, legal profession, innovation, change, tradition, legal training, diversity, inclusivity, intentional, aspirational, adapt
This Article asserts that the United States’ longstanding claim of extraterritorial export control jurisdiction is an under-appreciated but vitally important issue in need of resolution. Exponential growth in international trade means that the United States’ asserted jurisdictional reach is vastly broader today. This Article explains the nature and mechanics of the United States’ jurisdictional claim, provides a summary of the 1982 Soviet gas pipeline trade dispute, reconsiders the justifiability of the United States’ jurisdictional claim under prescriptive jurisdictional principles of international law, and finds the current approach legally awkward and strategically insufficient. It then considers the issue through the lens of more recent scholarship on transnational networks, mutual recognition arrangements, and unilateral trade actions, and concludes by recommending a multilateral approach that offers greater promise of both policy effectiveness and legality under international law.
Keywords: exports, export controls, outbound, jurisdiction, extraterritorial, extraterritoriality, sanctions, embargoes, WTO, world trade organization, networks, wassenaar
Keywords: Study Abroad, Globalization, Transnationalization, Legal Education
Keywords: federalism, international trade, foreign policy, United States, Canada, foreign commerce, foreign affairs, preemption, sovereignty, Montesquieu, regionalism, regional trade
This book review evaluates Alessandrini’s historical narrative and critique, and also discusses several other possible narratives (which are not explored in the book) that both could complement Alessandrini’s existing narrative and serve as avenues for further analysis and exploration of developing countries within the international trade regime.
Keywords: International Trade, WTO, Development, Developing Countries, Fair Trade, Multilateral Trade
Keywords: Mexico, international trade, antidumping, countervailing duty, trade remedies, NAFTA
The aim of this timely book is to bring together in a single detailed work the law and practice of trade remedies in all three NAFTA countries, including the role of legal and economic analysis in trade remedy determinations, in light of the relevant international trade rules at the bilateral, NAFTA and WTO levels and their economic and political underpinnings.
‘This treatise is without doubt the most comprehensive and well written on the subject... a tour de force that sets a new high-water mark in published works on the topic. Three Cheers for Trade Remedies in North America!’ – Rajeev Sharma, Bayer Inc./York University
‘This publication fills a void... superlative’. – Anthony Eyton, former Chairman of the Canadian International Trade Tribunal
This Article employs the economic concepts of (a) economies of scale or productive efficiency and (b) absolute and comparative advantage to suggest how these junior faculty advantages could be harnessed to improve law school teaching. It concludes by discussing the implications of these recommendations for law school culture in general and for the legal profession as a whole.
The thesis of this Article is that decisions regarding PTA formation, the precise PTA forms used, membership, and the sectoral scope of PTAs are, at their core, decisions about deepening existing economic relationships versus broadening to form new ones. That is, these and other PTA decisions operate within a larger framework in which each PTA decision is, ultimately, a choice between deepening a state's existing economic relationships to make them more fully integrative, versus broadening a state's formal transnational economic ties to include new ties that are less deep, in an integrative sense. This Article explores the legal and policy implications of this conceptualization of PTAs, with primary focus on U.S. PTA activity.
With this in mind, Professor Tai-Heng Cheng's book, STATE SUCCESSION AND COMMERCIAL OBLIGATIONS, proposes a reconceptualization of state and government succession doctrine. The book manages to address this complex subject from a variety of detail-specific angles without losing sight of the larger, complex picture of globalization. It also recommends a new legal approach to state and government succession that is more consistent with actual state practice, and it meshes this approach, to the extent possible, with existing doctrine.
This book review first summarizes and discusses the book's key principles and observations, and then analyzes Professor Cheng's reconceptualization of state and government succession from two perspectives not explored in the text - namely, economic theory concerning the identification and allocation of rights, and virtual state theory - that might be useful avenues for further inquiry. The review closes with comments regarding how Professor Cheng's reconceptualization might be applied to the 2003 invasion and subsequent reconstruction of Iraq, and future succession events as well.
Keywords: succession, state succession, government succession, international law, debt, odious debt, commercial obligation, globalization, Vienna Convention, Iraq
Yet despite these revolutionary changes, the basic structure of U.S. export controls has remained unaltered. The regime is outdated, but efforts at reform have ignored the controls' most fundamental structural aspect: that they look to individual export transactions as the events to be regulated. The regulation of individual transactions is so embedded in the system that many observers see it as an indelible feature. Form supersedes substance, and the system meets neither its expressly stated goal of facilitating trade nor its primary goal of promoting national security objectives.
In order to reconcile these two seemingly incompatible goals, this article recommends that U.S. commercial export controls focus primarily on the identity of the exporter and the scope of the exporter's export activities, and only secondarily on specific export transactions. This "account-based" approach to export controls would reduce many current difficulties faced by U.S. exporters, by deemphasizing the often artificial and burdensome focus on discrete transactions. An account-based approach would more accurately reflect activities taking place in international commerce and allow them to be vetted for the end user/end use concerns that have become so important in export controls - and thus both address U.S. national security concerns and improve export efficiency.
Keywords: Export Controls Technology, International Business
In the years since this article was written, Asia and the Pacific Basin have undergone significant economic upheaval and slowed growth. Yet the regional economic integration efforts described in this article have continued and have worked (sometimes at a modest pace) to further regional economic integration. This article therefore continues to offer a useful conceptual discussion of these organizations and their radically different nature from more traditional regional trade organizations—as well as an historical record of innovative regionalism efforts in the Asia-Pacific region.
Keywords: regional organizations, integration, international trade, WTO, World Trade Organization, free trade area, customs union, APEC, PECC, Asia Pacific
It is all too clear, then, that while progress toward an FTAA is stalled, many Central and Latin American nations recognize the enormous potential benefits of a pan-American regional trade organization. Yet real progress toward an FTAA eludes both the United States and its western hemispheric trading partners. In fact, there have been multiple pan-American summits and ministerial meetings on the elusive FTAA since 1994, and yet an FTAA has yet to be formed. This is certainly a discouraging state of affairs, and it underscores the need for a new approach to regional integration in the Americas.
In this article, which the author co-wrote several years ago with Professor Kenneth Abbott at the Northwestern University School of Law, we recommended that an FTAA be formed not on the traditional regional trade agreement principles of exclusion and preferential treatment, but rather on a newer policy of open regionalism. Given the growing importance of regionalism in the years since this article was written, and the lack of progress toward an FTAA, it remains highly pertinent today, both as an historical record and as a discussion of the the challenges and possibilities presented by regionalism in the western hemisphere.
Papers by Gregory W. Bowman
Keywords: legal education, Richard Florida, law student, law school, legal profession, innovation, change, tradition, legal training, diversity, inclusivity, intentional, aspirational, adapt
This Article asserts that the United States’ longstanding claim of extraterritorial export control jurisdiction is an under-appreciated but vitally important issue in need of resolution. Exponential growth in international trade means that the United States’ asserted jurisdictional reach is vastly broader today. This Article explains the nature and mechanics of the United States’ jurisdictional claim, provides a summary of the 1982 Soviet gas pipeline trade dispute, reconsiders the justifiability of the United States’ jurisdictional claim under prescriptive jurisdictional principles of international law, and finds the current approach legally awkward and strategically insufficient. It then considers the issue through the lens of more recent scholarship on transnational networks, mutual recognition arrangements, and unilateral trade actions, and concludes by recommending a multilateral approach that offers greater promise of both policy effectiveness and legality under international law.
Keywords: exports, export controls, outbound, jurisdiction, extraterritorial, extraterritoriality, sanctions, embargoes, WTO, world trade organization, networks, wassenaar
Keywords: Study Abroad, Globalization, Transnationalization, Legal Education
Keywords: federalism, international trade, foreign policy, United States, Canada, foreign commerce, foreign affairs, preemption, sovereignty, Montesquieu, regionalism, regional trade
This book review evaluates Alessandrini’s historical narrative and critique, and also discusses several other possible narratives (which are not explored in the book) that both could complement Alessandrini’s existing narrative and serve as avenues for further analysis and exploration of developing countries within the international trade regime.
Keywords: International Trade, WTO, Development, Developing Countries, Fair Trade, Multilateral Trade
Keywords: Mexico, international trade, antidumping, countervailing duty, trade remedies, NAFTA
The aim of this timely book is to bring together in a single detailed work the law and practice of trade remedies in all three NAFTA countries, including the role of legal and economic analysis in trade remedy determinations, in light of the relevant international trade rules at the bilateral, NAFTA and WTO levels and their economic and political underpinnings.
‘This treatise is without doubt the most comprehensive and well written on the subject... a tour de force that sets a new high-water mark in published works on the topic. Three Cheers for Trade Remedies in North America!’ – Rajeev Sharma, Bayer Inc./York University
‘This publication fills a void... superlative’. – Anthony Eyton, former Chairman of the Canadian International Trade Tribunal
This Article employs the economic concepts of (a) economies of scale or productive efficiency and (b) absolute and comparative advantage to suggest how these junior faculty advantages could be harnessed to improve law school teaching. It concludes by discussing the implications of these recommendations for law school culture in general and for the legal profession as a whole.
The thesis of this Article is that decisions regarding PTA formation, the precise PTA forms used, membership, and the sectoral scope of PTAs are, at their core, decisions about deepening existing economic relationships versus broadening to form new ones. That is, these and other PTA decisions operate within a larger framework in which each PTA decision is, ultimately, a choice between deepening a state's existing economic relationships to make them more fully integrative, versus broadening a state's formal transnational economic ties to include new ties that are less deep, in an integrative sense. This Article explores the legal and policy implications of this conceptualization of PTAs, with primary focus on U.S. PTA activity.
With this in mind, Professor Tai-Heng Cheng's book, STATE SUCCESSION AND COMMERCIAL OBLIGATIONS, proposes a reconceptualization of state and government succession doctrine. The book manages to address this complex subject from a variety of detail-specific angles without losing sight of the larger, complex picture of globalization. It also recommends a new legal approach to state and government succession that is more consistent with actual state practice, and it meshes this approach, to the extent possible, with existing doctrine.
This book review first summarizes and discusses the book's key principles and observations, and then analyzes Professor Cheng's reconceptualization of state and government succession from two perspectives not explored in the text - namely, economic theory concerning the identification and allocation of rights, and virtual state theory - that might be useful avenues for further inquiry. The review closes with comments regarding how Professor Cheng's reconceptualization might be applied to the 2003 invasion and subsequent reconstruction of Iraq, and future succession events as well.
Keywords: succession, state succession, government succession, international law, debt, odious debt, commercial obligation, globalization, Vienna Convention, Iraq
Yet despite these revolutionary changes, the basic structure of U.S. export controls has remained unaltered. The regime is outdated, but efforts at reform have ignored the controls' most fundamental structural aspect: that they look to individual export transactions as the events to be regulated. The regulation of individual transactions is so embedded in the system that many observers see it as an indelible feature. Form supersedes substance, and the system meets neither its expressly stated goal of facilitating trade nor its primary goal of promoting national security objectives.
In order to reconcile these two seemingly incompatible goals, this article recommends that U.S. commercial export controls focus primarily on the identity of the exporter and the scope of the exporter's export activities, and only secondarily on specific export transactions. This "account-based" approach to export controls would reduce many current difficulties faced by U.S. exporters, by deemphasizing the often artificial and burdensome focus on discrete transactions. An account-based approach would more accurately reflect activities taking place in international commerce and allow them to be vetted for the end user/end use concerns that have become so important in export controls - and thus both address U.S. national security concerns and improve export efficiency.
Keywords: Export Controls Technology, International Business
In the years since this article was written, Asia and the Pacific Basin have undergone significant economic upheaval and slowed growth. Yet the regional economic integration efforts described in this article have continued and have worked (sometimes at a modest pace) to further regional economic integration. This article therefore continues to offer a useful conceptual discussion of these organizations and their radically different nature from more traditional regional trade organizations—as well as an historical record of innovative regionalism efforts in the Asia-Pacific region.
Keywords: regional organizations, integration, international trade, WTO, World Trade Organization, free trade area, customs union, APEC, PECC, Asia Pacific
It is all too clear, then, that while progress toward an FTAA is stalled, many Central and Latin American nations recognize the enormous potential benefits of a pan-American regional trade organization. Yet real progress toward an FTAA eludes both the United States and its western hemispheric trading partners. In fact, there have been multiple pan-American summits and ministerial meetings on the elusive FTAA since 1994, and yet an FTAA has yet to be formed. This is certainly a discouraging state of affairs, and it underscores the need for a new approach to regional integration in the Americas.
In this article, which the author co-wrote several years ago with Professor Kenneth Abbott at the Northwestern University School of Law, we recommended that an FTAA be formed not on the traditional regional trade agreement principles of exclusion and preferential treatment, but rather on a newer policy of open regionalism. Given the growing importance of regionalism in the years since this article was written, and the lack of progress toward an FTAA, it remains highly pertinent today, both as an historical record and as a discussion of the the challenges and possibilities presented by regionalism in the western hemisphere.