Colin B. Picker

Colin B. Picker
University of Wollongong | UOW · School of Law

A.B. (Bowdoin), J.D. (Yale), PhD (UNSW)

About

35
Publications
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116
Citations

Publications

Publications (35)
Chapter
This paper described the project and its potential approaches related to a series of workshops held in 2019 around the world at which participants considered a world without the WTO—where it was either abolished or functionally inert. While all participants uniformly believed that neither of those possibilities would be desirable, it was conceded t...
Chapter
The Appellate Body (AB) of the WTO’s Dispute Settlement Body is in crisis as a result of attacks on the AB’s processes, decisions and approaches. These attacks are predominantly, but not entirely, being brought by the United States. The crisis is being brought to a head by the refusal of the US to agree to the appointment of new AB members. If the...
Book
This book provides readers with a unique opportunity to explore how the international economic legal order (IELO) may look in a post-WTO world. The substance of this book presupposes (whether correct or not) that the WTO either: (a) Stagnates into the foreseeable future (Doha withers, no new Rounds, at best minor amendments, little new jurisprudenc...
Chapter
Ratherthanjust focusing on one narrow component of the TPP, this chapter takes a macro perspective. It first seeks to measure the TPP’s contribution to the IELO—whether it really does add to the field and then, critically, whether the character and components of the TPP really do undermine the IELO. In other words, whether the TPP has much to contr...
Chapter
This chapter considers the role of comparative analyses in the development of civil procedure. The chapter considers why we can expect there to be obstacles to change within the field of civil procedure and what might be the forces and mechanisms leading to any change. The chapter also focuses on comparative law-led change as both a force and mecha...
Book
This book shows the surprising dynamism of the field of civil procedure through its examination of a cross section of recent developments within civil procedure from around the world. It explores the field through specific approaches to its study, within specific legal systems, and within discrete sub-fields of civil procedure. The book reflects th...
Chapter
As the other chapters in this book have demonstrated, China is a significant participant in the international economic legal order (IELO). It is both a significant “importer” of international economic law (IEL) and it is rapidly becoming a major influence on the development of the IELO. It is critical to try to understand the legal forces within Ch...
Chapter
The enormous economic power of the People’s Republic of China makes it one of the most important actors in the international system. Since China’s accession to the World Trade Organization in 2001, all fields of international economic law have been impacted by greater Chinese participation. Now, just over one decade later, the question remains as t...
Article
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Legal Education has become a global business. Law schools, like the universities in which they sit, increasingly compete for fee-paying foreign or international students. In line with its global approach, this paper discusses the major issues faced by foreign law students from all parts of the world when they go to study in a foreign jurisdiction,...
Article
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The effective development and operation of the law faces many obstacles. Among the more intractable yet hidden barriers are legal cultural disconnects and discontinuities. These occur when opposing legal cultural characteristics from different legal cultures are forced to interact as part of the implementation of the law across different legal cult...
Chapter
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Legal cultural analysis can be a very useful methodology for considering legal systems and traditions. This chapter applies that methodological approach to international investment law. It first explains the methodology and then discusses the unique obstacles international economic law presents for an application of the methodology. Next, it examin...
Article
Full-text available
The effective development and operation of the law faces many obstacles. Among the more intractable yet hidden barriers to the law are legal cultural disconnects and discontinuities. These occur when opposing legal cultural characteristics from different legal cultures are forced to interact as part of the implementation of the law across two diffe...
Article
The Politics of International Economic Law edited by TomerBroude, Marc L.Busch, and AmeliaPorgesCambridge, UK: Cambridge University Press, 2011 - Volume 11 Issue 4 - Colin B. Picker
Article
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As a new international economic policy, microtrade will face a whole host of issues, including potential legal cultural obstacles. Those legal cultural issues will arise as a result of the different and sometimes conflicting legal cultures of the varied participants within the different fora and communities involved in microtrade from the LDCs to t...
Article
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To the extent that international trade and development policy employs legal methods, institutions and participants, there is a need to take into account the role of legal culture. There are many different legal cultures in the world, including the widely found common and civil law traditions, as well as the many non-western legal traditions and sub...
Chapter
International law has typically operated at the state-to-state level, as opposed to a substate level. As such, it is states as a whole that are typically the subjects of international law. In contrast, individuals, corporations, and even substate political entities such as municipalities and provinces/states are typically not subjects of internatio...
Article
International economic law (IEL) poverty reduction policies have at times been successful, yet there is no question that poverty persists throughout the world despite significant global economic growth in the last half century. In many respects, poverty appears to be resistant to the poverty reduction policies of what is now a very sophisticated an...
Article
Despite its historic presence in American law, comparative law was until recently largely the preserve of a few specialists, often émigrés from Europe. On occasion a legal scholar from another field would consider and employ comparative methods, but for the most part American legal scholars focused only on domestic legal matters from domestic persp...
Article
This essay is a short (approximately 1400 words, including footnotes) and to the point humorous indictment of the present scholarship (articles and journals) within the American legal academy. Nonetheless, the issue raised by this essay is a serious one – that the proliferation of journals and articles is threatening to overwhelm the system’s abili...
Article
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This peer-reviewed Article applies the ever more sophisticated Mixed Jurisdiction scholarship to a comparative law analysis of international law. In so doing, the Article shows both that this emerging scholarship has vitality outside its traditional jurisdictions as well as provides useful analysis for those engaged in the study and development of...
Article
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This article spans the fields of comparative and international law as it undertakes a comparative analysis of the character and nature of international law. In so doing, the article employs the new and dynamic scholarship associated with the study of the Mixed Jurisdictions of the world (those legal systems that comprise a mix of the common and civ...
Article
Full-text available
This draft paper applies the emerging Mixed Jurisdiction scholarship to a comparative law analysis of international law. In so doing, the paper shows both that this emerging jurisprudence has vitality outside its traditional jurisdictions as well as provides useful analysis for those engaged in the study and development of international law. From a...
Article
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Kansas City is almost as far from foreign lands as is possible within the United States. Nonetheless, our dreams to visit far off countries and to enjoy other cultures should not be cast aside. Ambitions formed during law school to fly to cities in impossibly named countries, to assist foreign princes and to negotiate deals with exotically accented...
Article
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From the Stone Age to the space age, technology has acted as an invisible hand on the development of society, culture and the law. This invisible hand has also reached across borders to have a significant impact on international law, from prehistory to the descent of the Mir Space Station into the Pacific Ocean. Technology has been ubiquitous in in...
Article
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There are countries that do not fall under the prevailing definitions of developed and developing country that are employed by the World Trade Organization (WTO). The WTO fails to take into account the special circumstances and needs of these countries. While such special circumstances and needs are diverse, this Article focuses on one facet: sub-n...
Article
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This chapter appears in a book published by the American Society of International Law as part of their Studies in Transnational Legal Policy series, Trade as the Guarantor of Peace, Liberty, and Security? Critical, Historical, and Empirical Perspectives (American Society of International Law Press, Studies in Transnational Legal Policy: A Series of...
Article
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This Article, originally presented at a symposium, THE WTO AT A CROSSROADS, in 2004 at the Law Faculty of Bar Ilan University in Israel, provides a proposal that responds to the problems posed by the increasing prevalence of regional trade agreements. The Article argues that RTAs have tended to undermine the development of the multilateral trade sy...
Article
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Reputation is an important and complex issue for individuals, communities and nations. The notion behind reputation is that individuals receive information about the behavior of others from third parties; this information is then used to decide whether or not to behave in a similar manner, and how to interact with the other person. Positive reputat...
Article
This draft paper applies the emerging Mixed Jurisdiction scholarship to a comparative law analysis of international law. In so doing, the paper shows both that this emerging jurisprudence has vitality outside its traditional jurisdictions as well as provides useful analysis for those engaged in the study and development of international law. From...
Article
Full-text available
This abstract is taken from an article entitled "'A Light Unto the Nations' - The New British Federalism, the Scottish Parliament, and Constitutional Lessons for Multiethnic States," by Colin B. Picker, published in 77 Tul. L. Rev. 1-90 (2002). Reprinted with the permission of the Tulane Law Review Association, which holds the copyright.This Articl...
Article
Full-text available
In 1994, following the breakdown of negotiations to revise the Canada-United States Pacific Salmon Treaty, Canada imposed a fee of $1500 Canadian on all U.S. commercial fishing boats transiting Canada's Inside Passage between Washington and southeast Alaska. The attempted revisions to the Treaty concerned an effort by the parties to create a meanin...