Georgetown Journal of International Law Online: Phillip Yu

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By Phillip Yu

eBay currently serves more than 128 million shoppers around the world, and more than 80 percent of the small businesses that use eBay sell on a global scale.

Recently, eBay announced that it will cut its international selling fees in order to encourage more than 14,000 small- and medium-sized businesses to sell internationally. In addition, eBay will also provide free translation tools in order to help multinational entities to expand overseas at a low cost. This program will remain in effect until October 7, 2014.

April 15, 2014

By Phillip Yu

Sihai Cheng of China and Seyed Abolfazl Shahab Jamili of Iran allegedly plotted between 2009 and 2011 to send transducers ordered from MKS Instruments Inc. in Andover, Massachusetts, to Eyvaz Technic Manufacturing Co., a Tehran-based business that has previously supplied parts to Iranian nuclear facilities.

Cheng allegedly plotted with coconspirators at MKS Shanghai, a Chinese subsidiary of MKS in Andover to set up companies to pose as the intended recipients of the materials. Cheng then allegedly redirected the materials to Iran once they were shipped to China.

While Iran urges that its nuclear program is for peaceful purposes, Cheng’s indictment maintains that currently U.S. sanctions ban the export of any goods, technology, or services from the United States to Iran.

April 12, 2014

By Phillip Yu

After seven years of negotiations, Australia and Japan have settled on the major points of a bi-lateral trade agreement. Japanese tariffs on beef, fruit, vegetables, seafood, sugar, and wine will be lowered while Australian tariffs on electronics and cars will decline.

Experts believe that this agreement will bring strong mutual benefits, citing the parties’ respective comparative advantages. This agreement marks the first time that Japan has ever negotiated a comprehensive economic partnership agreement with a major economy.

April 08, 2014

By Phillip Yu

Wikimedia Commons

Half a decade ago, Thai and Spanish authorities arrested Muhammed Ather "Tony" Butt and Ahboor Rambarak Fath and uncovered more than 1,000 stolen passports from North America and Asia. Besides selling falsified passports to international criminal groups involved in arms trafficking and human trafficking, Butt also allegedly supplied passports to the terrorist group accused of plotting the 2008 Mumbai attacks. Organized passport fraud allegedly began in Thailand in the 1980s with stolen passports now selling between $1,500 and $3,000 each depending on country of issuance.

While there is no evidence yet that the recently vanished Malaysia Airlines Flight MH370 was the victim of a terror attack, the news that two passengers were travelling on passports stolen in Thailand has raised tremendous concern about Thailand’s illegal market for stolen or falsified passports.

March 15, 2014

By Phillip Yu

If you’ve ever been to one of the more populous cities in China or have seen recent photographs, you’ll know that China has a pollution problem, with a sky of grey during the day and everyday citizens donning masks. While industrial coal complexes are certainly large contributors to the pollution, some experts blame trade agreements established in the 1990s by President Bill Clinton that harnessed the West’s demand for consumer products while taking advantage of cheap labor and lax environmental standards.

Not only are the Chinese suffering from ailments like lung cancer just simply breathing, the United States is getting hit with lost jobs and a downward pressure on wages. While changing the way China generates electricity will be difficult, experts hope that China will take initiative to capture and sequester carbon emissions.

March 14, 2014

By Phillip Yu

The European Union has promised Ukraine $693 million a year of trade relief to compensate for bankruptcy and the deployment of Russian troops in Crimea. This trade relief is part of a larger E.U. aid package which could total over 11 billion euros over the next seven years. The Crimea crisis itself has prompted the EU to suspend visa and trade talks with Russia and threaten sanctions against Russian officials. For the relief to take effect by June, the E.U. Parliament must act quickly and approve no later than the week of April 14.

March 13, 2014

By Phillip Yu

Bitcoin is a peer-to-peer network-based electronic currency created in 2009 by an unknown individual under the alias Satoshi Nakamoto. Bitcoin owners store bitcoins on “digital wallets” and can transfer funds to others without the assistance of a central governing agency or a bank. The processes of acquiring, managing and trading bitcoins are largely anonymous. Some people use bitcoins as an alternative currency while others acquire bitcoins as an investment much like stock, hoping for value appreciation in the future. Currently, there are several marketplaces that allow people to buy and sell bitcoins, with Japan’s Mt. Gox being the largest.

Theoretically, bitcoins have tremendous potential positive impacts on international trade. First, international transactions can become cheaper since bitcoins are currently unregulated, thus avoiding many transaction costs. In addition, since bitcoins are not officially tied to any particular state, political risk is relatively low. Further, bitcoins are less susceptible to inflation, since bitcoin protocol demands a finite number of outstanding coins. Lastly, the fact that the bitcoin is a single, consistent currency eliminates the hassle and expense of exchanging currencies.

Despite accounting for a range of positive theoretical benefits, the mysterious anonymity surrounding Bitcoin and its connections to illegal dealings have garnered a great deal of controversy and concern.

March 01, 2014

By Phillip Yu

The U.S. International Trade Commission will soon begin public hearings to examine allegations that Indian policies discriminate against U.S. trade and investments. The hearings are part of an ongoing investigation.

The list of speakers for the hearings includes the Global Intellectual Property Centre, the U.S. Chambers of Commerce, the U.S. India Business Council, and the Confederation of Indian Industry.

A portion of the conflict centers on India’s allegedly deteriorating protection of intellectual property rights. U.S. parties have alleged that India has not taken action to enforce copyrights and applied patent law in a discriminatory manner, particularly towards U.S. pharmaceutical companies.

The Economic Times has more.

February 13, 2014

By Phillip Yu

A recent World Trade Organization panel decision on the European Union affirmed the prohibition of the general sale of seal products. The WTO originally issued this ban in 2009, citing public concerns about the pain and suffering that hunting and skinning causes to seals. Canada had appealed the ban, arguing that seal hunting is humane. However, the WTO stood its ground, recognizing action against cruelty to animals as “a matter of ethical responsibility for human beings in general.”

December 05, 2013

By Phillip Yu

Architecture VII by Steffen Thomä

PhoenixMart, a massive, international wholesale shopping complex will open soon in Casa Grande, Arizona. This 1.7 million-square-foot business center, largely financed by Chinese investors and real-estate companies, will play host to approximately 2,000 vendors. Not only will PhoenixMart be a go-to place for businesses seeking wholesale supplies, vendors will also service the general public. As a starting point, vendors on site will sell general consumer products, automotive products, home and hotel products, and food. Approximately one third of the vendors will be foreign.

One of PhoenixMart’s primary missions is the creation of a thriving and integrated network of businesses. On-site businesses will receive discounts in legal services, counseling and comprehensive marketing services. Also, PhoenixMart will host regular trade shows to aid small businesses in promoting their products and services.

The feedback has largely been enthusiastic. Casa Grande city officials already anticipate the creation of over 7,000 jobs within Arizona.

However, an operation this massive and international in scope has its risks. One risk is the distribution of counterfeit products, which is serious concerning the high level of Chinese involvement.

November 12, 2013

By Phillip Yu

In an industry largely dominated by the Americans, Germans, and Japanese, it’s a bit odd to imagine Chinese cars breaking into the Western industry. However, Chinese automakers already have begun talking with Western auto-parts companies in search of parts that meet American and European regulatory standards.

Interestingly, China, the world’s largest auto manufacturer, also boasts one of the highest tariffs on imported cars at a staggering 25 percent (compared to the 2.5 percent tariff in the United States). Given China’s past strategies with exporting solar panels and wind turbines, American and European officials are cautious about allowing China to tap into their domestic markets while the Chinese home market remains firmly protected by high import tariffs and other trade barriers.

November 07, 2013

By Phillip Yu

In China, radioactive leaks from rare earth refining have prompted the Chinese government to seize control of unregulated and illegal mining all over the country. While China has already poured billions of dollars into cleaning up the damage, the situation has escalated to an international scale, with a World Trade Organization panel in Geneva soon to issue a critical draft report.

The United States, the European Union, and Japan have challenged China’s taxes and quotas on exports of rare earth metals, noting that while China has been slowly increasing its profit margins, China has done little to limit rare earth consumption within its own borders.

A final decision by the World Trade Organization is expected on November 21, 2013.

November 05, 2013

By Phillip Yu

After four years of negotiations, Canada and the European Union have produced the framework of a comprehensive trade agreement, hoping to create significant trade and investment liberalization between the two parties. One exciting feature of this agreement is the encouragement of increased labor mobility rights, which would allow entry of certain Canadian businesses, service providers, and employees into the European Union without the need for visas or work permits. One of the more controversial issues addressed is the European Union's demand for greater patent protection for its pharmaceutical industry to cover time lost during the lengthy patent prosecution process.

At this point, it is estimated that resolving technical and substantive details, finalizing the treaty’s text, translating the treaty, and final ratification will take at least two more years.

November 03, 2013

By Phillip Yu

A $5.2 billion-dollar expansion of the Panama Canal is geared for completion in 2015. Already, studies have shown that this expansion can potentially provide a tremendous boost for natural gas producers in the Barnett Shale, a geological formation that acts as a large onshore natural gas field in Texas. The expansion of the Panama Canal will enable much larger ships to transport natural gas to China, Japan and other parts of Asia, where demand for natural gas is high but local supply is scarce. A 2011 study projected that the canal expansion will allow Texas to export an additional 15 million tons of cargo to the Pacific.

Read more at the Texas Tribune.

October 07, 2013

By Phillip Yu

The United States signed the international Arms Trade Treaty on September 25 2013, in hopes of stemming the flow of weapons to human rights violators, terrorists and rogue agents. This treaty has currently been ratified by only four countries and will go into effect once it is signed and ratified by at least 50 U.N. member states. Syria, North Korea, and Iran voted against the treaty while Russia and China, the world’s largest arms exporters along with the United States, abstained. The National Rifle Association also objected, stating that the treaty will inevitably regulate civilian weapons.

See the Washington Post for more.

October 05, 2013

By Phillip Yu

The World Intellectual Property Organization (WIPO) has recently expanded its patent registry, PATENTSCOPE, to include more than 28 million searchable patent documents dating from 1790. The database allows users to search for patent documentation in multiple languages, and the best part is that it is a free service. Each patent document includes general data, descriptions, claims, notices, and diagrams and drawings.

Even if patents are not your specialty, the site is worth a look just to see the latest in what people are patenting. Check out WIPO’s press release for more detail.

September 03, 2013

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