Competitive Liberalization,Competitive Imperialism,and Intellectual Property

Aggressive pursuit of free trade agreements (FTAs) and customs unions (CUs) by major and minor trading powers alike challenges the conventional wisdom in favor of such pursuit – competitive liberalization. An equally plausible explanation for an active bilateral and regional trade agreement policy, one which effectively de-emphasizes multilateralism, may be competitive imperialism. The protection and enforcement of intellectual property rights is one area in which new provisions, going beyond multilateral rules, are being negotiated and written into FTAs and CUs. Such provisions may yield insights into which characterization of bilateralism and regionalism – competitive liberalization or competitive imperialism – is more apt. Rice Distinguished Professor, The University of Kansas, School of Law, Green Hall, 1535 West 15th Street, Lawrence, KS 66045-7577, USA. Tel. +1-785-8649224. Fax. +1-785-8645054. www.law.ku.edu. J.D., Harvard (1989); M.Sc., Oxford (1986); M.Sc., London School of Economics (1985); A.B., Duke (1984). Marshall Scholar (1984-86). Member, Council on Foreign Relations, Royal Society for Asian Affairs, and Fellowship of Catholic Scholars. Author, Modern GATT Law (Sweet & Maxwell 2005), International Trade Law: Theory and Practice (2nd ed. 2000, 3rd ed. forthcoming 2007-08), and Trade, Development, and Social Justice (Carolina Academic Press 2003). I am thankful to my Research Assistant, Mr. David R. Jackson (B.A., George Mason University, 1992; J.D. Class of 2007, University of Kansas), for his indispensable help on this work. I also am grateful to Dr. Mohammed El Said, University of Central Lancashire (UCLAN), for his consistent support and friendship, and for what he has taught and continues to teach me about international trade and intellectual property.     

Teaching Students How to Use Emotions as They Negotiate

Given that emotions are inescapable and complex, how do you teach students how to deal with them? This article offers instuctors a practical approach. It suggests that instructors and students turn their attention away from emotions and toward a more limited set of core emotional concerns that stimulate many emotions. The article describes ways to teach students how to use these core concerns as tools to understand the emotional terrain and to stimulate helpful emotions.     

The Schengen Law: A Challenge for Legal Accountability in the European Union

This article examines challenges for accountability arising from the development of the Schengen law within the framework of the European Union. Building upon the substantive body of research by other authors on general implications of the integration of the Schengen acquis , it focuses on recent developments after the entry into force of the Treaty of Amsterdam and evaluates to what extent the European institutions have so far met the challenges for accountability stemming from the intergovernmental origin of the Schengen law. The article identifies various persisting deficiencies in the areas of transparency, institutional balance and judicial review and proposes specific actions, which should be addressed vigorously by the European institutions.