"Globalization": A future trend or a satisfying mirage?

Journal of the Copyright Society of the U.S.A.

Volumn 49, Issue 1, 2001, Pages 313-356

  Long, Doris Estelle ^a  

^a NONE

Author keywords

[No Author keywords available]

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EID: 0040526663     PISSN: 08863520     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (252)

1. RICHARD E. LINGENFELTER, DEATH VALLEY AND THE AMARGOSA (1986), quoted in JAMES B. SIMPSON, SIMPSON'S CONTEMPORARY QUOTATIONS, http://www.bartleby.com/63/6/3506.html.
2. RICHARD E. LINGENFELTER, DEATH VALLEY AND THE AMARGOSA (1986), quoted in JAMES B. SIMPSON, SIMPSON'S CONTEMPORARY QUOTATIONS, http://www.bartleby.com/63/6/3506.html.
3. There are numerous definitions for "globalization," depending on the perspective of the viewer and the subject matter to be addressed. See, e.g., JAMES MITTLEMAN, THE GLOBALIZATION SYNDROME: TRANSFORMATION AND RESISTANCE 5-7 (2000) (containing diverse definitions of globalization from primarily economic and world systems scholars); THOMAS FREIDMAN, THE LEXUS AND THE OLIVE TREE 7 (1999) (defining globalization as "involving the inexorable integration of markets, nations . . . faster than ever before"); DAVID HELD ET AL., GLOBAL TRANSFORMATIONS: POLITICS, ECONOMICS AND CULTURE 2 (2000) (defining globalization as "the widening, deepening and speeding up of worldwide interconnectedness . . . ."); MALCOLM WATERS, GLOBALIZATION 3 (1995) (defining globalization as "a social process in which the constraints of geography on social and cultural arrangements recede and in which people become increasingly aware that they are receding."); PAUL HIRST & GRAHAME THOMPSON, GLOBALIZATION IN QUESTION 1 (2d ed. 1999) (describing the globalization era as one "in which the greater part of social life is determined by global processes, in which national cultures, national economies and national borders are dissolving"). Despite the varying definitions, all of them share a common focus on increased transborder activities and integratory activities at the economic and/or political and/or social level. Regardless of the precise phrases used, these definitions generally focus on two aspects of present day globalization that are critical to the subject matter of this Article. The first is the international, integratory nature of globalization - the force that reduces national barriers to production, trade, capital, etc. and increases international interdependences in whatever arena is being examined. Thus, at one level globalization is "the process of reducing barriers between countries and encouraging closer economic, political and social interaction." William Tabb, Progressive Globalism: Challenging the Audacity of Capital, MONTHLY REV. 50 (Feb. 1999), quoted in MITTELMAN, supra at 5. The second aspect of, at least present-day, globalization is the rapid pace at which such interconnectedness occurs, generally as a result of technological advances. See, e.g., MITTELMAN, supra at 6 (containing various definitions of globalization which focus on the rapidity of the globalization process and the role of technology); HELD, supra at 2-31 (exploring the various definitions and concepts of globalization in the twentieth century which similarly focus on integration and technology). I am using the term "globalization" in its broadest sense to refer to an integratory process in which economic inputs, including, inter alia, capital, labor, production and distribution, are interrelated across borders to create global opportunities for commerce and industry. The integratory process of globalization cuts across borders to achieve a degree of interdependence and/or inter-relatedness that increases transnational flows of goods, services, information . . . and problems. See generally SAMUEL HUNTINGTON, THE CLASH OF CIVILIZATIONS AND THE REMAKING OF THE WORLD ORDER (1996) (cultural studies); MITTELMAN, supra (economics); BENJAMIN BARBER, JIHAD V. MCWORLD: HOW GLOBALISM AND TRIBALISM ARE RESHAPING THE WORLD (1996) (cultural studies); FREIDMAN, supra (economics); ROBERT KAPLAN, THE COMING ANARCHY: SHARING THE DREAMS OF THE POST COLD WAR (2000) (cultural studies); PAUL HIRST AND GRAHAME THOMPSON, GLOBALIZATION IN QUESTION (2d ed. 1999) (economics); HELD, supra (primarily economics); WILLIAM GREIDER, ONE WORLD, READY OR NOT: THE MANIC LOGIC OF GLOBAL CAPITALISM (1997) (economics); Doris Estelle Long, "Democratizing" Globalization: Practicing the Policies of Cultural Inclusion, 6 CARDOZO INT'L & COMP. L.J. _ (forthcoming 2002) (exploring various definitions and trends of economic globalization). For purposes of analyzing the trends and processes of globalization, I have focused primarily upon the works and theories of global economists, such as David Held, Thomas Friedman and James Mittelman, and of global culturalists or geopoliticians such as Samuel Huntington, Robert Kaplan and Benjamin Barber. In this Article, I have generally not differentiated between trends identified by either "school" of thought. To the contrary, the conclusions that each has reached regarding such critical issues as national sovereignty, regionalism and the impact of "indigenization," are roughly equivalent, even if the reasons for such conclusions, and the ultimate impact of these issues on future events differs. Although I have relied on the cultural analyses of Huntington and Kaplan (among others) in my development of a predictive paradigm for analyzing harmonization trends, I have not adopted or relied on the global chaos theories of these scholars.
4. There are numerous definitions for "globalization," depending on the perspective of the viewer and the subject matter to be addressed. See, e.g., JAMES MITTLEMAN, THE GLOBALIZATION SYNDROME: TRANSFORMATION AND RESISTANCE 5-7 (2000) (containing diverse definitions of globalization from primarily economic and world systems scholars); THOMAS FREIDMAN, THE LEXUS AND THE OLIVE TREE 7 (1999) (defining globalization as "involving the inexorable integration of markets, nations . . . faster than ever before"); DAVID HELD ET AL., GLOBAL TRANSFORMATIONS: POLITICS, ECONOMICS AND CULTURE 2 (2000) (defining globalization as "the widening, deepening and speeding up of worldwide interconnectedness . . . ."); MALCOLM WATERS, GLOBALIZATION 3 (1995) (defining globalization as "a social process in which the constraints of geography on social and cultural arrangements recede and in which people become increasingly aware that they are receding."); PAUL HIRST & GRAHAME THOMPSON, GLOBALIZATION IN QUESTION 1 (2d ed. 1999) (describing the globalization era as one "in which the greater part of social life is determined by global processes, in which national cultures, national economies and national borders are dissolving"). Despite the varying definitions, all of them share a common focus on increased transborder activities and integratory activities at the economic and/or political and/or social level. Regardless of the precise phrases used, these definitions generally focus on two aspects of present day globalization that are critical to the subject matter of this Article. The first is the international, integratory nature of globalization - the force that reduces national barriers to production, trade, capital, etc. and increases international interdependences in whatever arena is being examined. Thus, at one level globalization is "the process of reducing barriers between countries and encouraging closer economic, political and social interaction." William Tabb, Progressive Globalism: Challenging the Audacity of Capital, MONTHLY REV. 50 (Feb. 1999), quoted in MITTELMAN, supra at 5. The second aspect of, at least present-day, globalization is the rapid pace at which such interconnectedness occurs, generally as a result of technological advances. See, e.g., MITTELMAN, supra at 6 (containing various definitions of globalization which focus on the rapidity of the globalization process and the role of technology); HELD, supra at 2-31 (exploring the various definitions and concepts of globalization in the twentieth century which similarly focus on integration and technology). I am using the term "globalization" in its broadest sense to refer to an integratory process in which economic inputs, including, inter alia, capital, labor, production and distribution, are interrelated across borders to create global opportunities for commerce and industry. The integratory process of globalization cuts across borders to achieve a degree of interdependence and/or inter-relatedness that increases transnational flows of goods, services, information . . . and problems. See generally SAMUEL HUNTINGTON, THE CLASH OF CIVILIZATIONS AND THE REMAKING OF THE WORLD ORDER (1996) (cultural studies); MITTELMAN, supra (economics); BENJAMIN BARBER, JIHAD V. MCWORLD: HOW GLOBALISM AND TRIBALISM ARE RESHAPING THE WORLD (1996) (cultural studies); FREIDMAN, supra (economics); ROBERT KAPLAN, THE COMING ANARCHY: SHARING THE DREAMS OF THE POST COLD WAR (2000) (cultural studies); PAUL HIRST AND GRAHAME THOMPSON, GLOBALIZATION IN QUESTION (2d ed. 1999) (economics); HELD, supra (primarily economics); WILLIAM GREIDER, ONE WORLD, READY OR NOT: THE MANIC LOGIC OF GLOBAL CAPITALISM (1997) (economics); Doris Estelle Long, "Democratizing" Globalization: Practicing the Policies of Cultural Inclusion, 6 CARDOZO INT'L & COMP. L.J. _ (forthcoming 2002) (exploring various definitions and trends of economic globalization). For purposes of analyzing the trends and processes of globalization, I have focused primarily upon the works and theories of global economists, such as David Held, Thomas Friedman and James Mittelman, and of global culturalists or geopoliticians such as Samuel Huntington, Robert Kaplan and Benjamin Barber. In this Article, I have generally not differentiated between trends identified by either "school" of thought. To the contrary, the conclusions that each has reached regarding such critical issues as national sovereignty, regionalism and the impact of "indigenization," are roughly equivalent, even if the reasons for such conclusions, and the ultimate impact of these issues on future events differs. Although I have relied on the cultural analyses of Huntington and Kaplan (among others) in my development of a predictive paradigm for analyzing harmonization trends, I have not adopted or relied on the global chaos theories of these scholars.
5. There are numerous definitions for "globalization," depending on the perspective of the viewer and the subject matter to be addressed. See, e.g., JAMES MITTLEMAN, THE GLOBALIZATION SYNDROME: TRANSFORMATION AND RESISTANCE 5-7 (2000) (containing diverse definitions of globalization from primarily economic and world systems scholars); THOMAS FREIDMAN, THE LEXUS AND THE OLIVE TREE 7 (1999) (defining globalization as "involving the inexorable integration of markets, nations . . . faster than ever before"); DAVID HELD ET AL., GLOBAL TRANSFORMATIONS: POLITICS, ECONOMICS AND CULTURE 2 (2000) (defining globalization as "the widening, deepening and speeding up of worldwide interconnectedness . . . ."); MALCOLM WATERS, GLOBALIZATION 3 (1995) (defining globalization as "a social process in which the constraints of geography on social and cultural arrangements recede and in which people become increasingly aware that they are receding."); PAUL HIRST & GRAHAME THOMPSON, GLOBALIZATION IN QUESTION 1 (2d ed. 1999) (describing the globalization era as one "in which the greater part of social life is determined by global processes, in which national cultures, national economies and national borders are dissolving"). Despite the varying definitions, all of them share a common focus on increased transborder activities and integratory activities at the economic and/or political and/or social level. Regardless of the precise phrases used, these definitions generally focus on two aspects of present day globalization that are critical to the subject matter of this Article. The first is the international, integratory nature of globalization - the force that reduces national barriers to production, trade, capital, etc. and increases international interdependences in whatever arena is being examined. Thus, at one level globalization is "the process of reducing barriers between countries and encouraging closer economic, political and social interaction." William Tabb, Progressive Globalism: Challenging the Audacity of Capital, MONTHLY REV. 50 (Feb. 1999), quoted in MITTELMAN, supra at 5. The second aspect of, at least present-day, globalization is the rapid pace at which such interconnectedness occurs, generally as a result of technological advances. See, e.g., MITTELMAN, supra at 6 (containing various definitions of globalization which focus on the rapidity of the globalization process and the role of technology); HELD, supra at 2-31 (exploring the various definitions and concepts of globalization in the twentieth century which similarly focus on integration and technology). I am using the term "globalization" in its broadest sense to refer to an integratory process in which economic inputs, including, inter alia, capital, labor, production and distribution, are interrelated across borders to create global opportunities for commerce and industry. The integratory process of globalization cuts across borders to achieve a degree of interdependence and/or inter-relatedness that increases transnational flows of goods, services, information . . . and problems. See generally SAMUEL HUNTINGTON, THE CLASH OF CIVILIZATIONS AND THE REMAKING OF THE WORLD ORDER (1996) (cultural studies); MITTELMAN, supra (economics); BENJAMIN BARBER, JIHAD V. MCWORLD: HOW GLOBALISM AND TRIBALISM ARE RESHAPING THE WORLD (1996) (cultural studies); FREIDMAN, supra (economics); ROBERT KAPLAN, THE COMING ANARCHY: SHARING THE DREAMS OF THE POST COLD WAR (2000) (cultural studies); PAUL HIRST AND GRAHAME THOMPSON, GLOBALIZATION IN QUESTION (2d ed. 1999) (economics); HELD, supra (primarily economics); WILLIAM GREIDER, ONE WORLD, READY OR NOT: THE MANIC LOGIC OF GLOBAL CAPITALISM (1997) (economics); Doris Estelle Long, "Democratizing" Globalization: Practicing the Policies of Cultural Inclusion, 6 CARDOZO INT'L & COMP. L.J. _ (forthcoming 2002) (exploring various definitions and trends of economic globalization). For purposes of analyzing the trends and processes of globalization, I have focused primarily upon the works and theories of global economists, such as David Held, Thomas Friedman and James Mittelman, and of global culturalists or geopoliticians such as Samuel Huntington, Robert Kaplan and Benjamin Barber. In this Article, I have generally not differentiated between trends identified by either "school" of thought. To the contrary, the conclusions that each has reached regarding such critical issues as national sovereignty, regionalism and the impact of "indigenization," are roughly equivalent, even if the reasons for such conclusions, and the ultimate impact of these issues on future events differs. Although I have relied on the cultural analyses of Huntington and Kaplan (among others) in my development of a predictive paradigm for analyzing harmonization trends, I have not adopted or relied on the global chaos theories of these scholars.
6. There are numerous definitions for "globalization," depending on the perspective of the viewer and the subject matter to be addressed. See, e.g., JAMES MITTLEMAN, THE GLOBALIZATION SYNDROME: TRANSFORMATION AND RESISTANCE 5-7 (2000) (containing diverse definitions of globalization from primarily economic and world systems scholars); THOMAS FREIDMAN, THE LEXUS AND THE OLIVE TREE 7 (1999) (defining globalization as "involving the inexorable integration of markets, nations . . . faster than ever before"); DAVID HELD ET AL., GLOBAL TRANSFORMATIONS: POLITICS, ECONOMICS AND CULTURE 2 (2000) (defining globalization as "the widening, deepening and speeding up of worldwide interconnectedness . . . ."); MALCOLM WATERS, GLOBALIZATION 3 (1995) (defining globalization as "a social process in which the constraints of geography on social and cultural arrangements recede and in which people become increasingly aware that they are receding."); PAUL HIRST & GRAHAME THOMPSON, GLOBALIZATION IN QUESTION 1 (2d ed. 1999) (describing the globalization era as one "in which the greater part of social life is determined by global processes, in which national cultures, national economies and national borders are dissolving"). Despite the varying definitions, all of them share a common focus on increased transborder activities and integratory activities at the economic and/or political and/or social level. Regardless of the precise phrases used, these definitions generally focus on two aspects of present day globalization that are critical to the subject matter of this Article. The first is the international, integratory nature of globalization - the force that reduces national barriers to production, trade, capital, etc. and increases international interdependences in whatever arena is being examined. Thus, at one level globalization is "the process of reducing barriers between countries and encouraging closer economic, political and social interaction." William Tabb, Progressive Globalism: Challenging the Audacity of Capital, MONTHLY REV. 50 (Feb. 1999), quoted in MITTELMAN, supra at 5. The second aspect of, at least present-day, globalization is the rapid pace at which such interconnectedness occurs, generally as a result of technological advances. See, e.g., MITTELMAN, supra at 6 (containing various definitions of globalization which focus on the rapidity of the globalization process and the role of technology); HELD, supra at 2-31 (exploring the various definitions and concepts of globalization in the twentieth century which similarly focus on integration and technology). I am using the term "globalization" in its broadest sense to refer to an integratory process in which economic inputs, including, inter alia, capital, labor, production and distribution, are interrelated across borders to create global opportunities for commerce and industry. The integratory process of globalization cuts across borders to achieve a degree of interdependence and/or inter-relatedness that increases transnational flows of goods, services, information . . . and problems. See generally SAMUEL HUNTINGTON, THE CLASH OF CIVILIZATIONS AND THE REMAKING OF THE WORLD ORDER (1996) (cultural studies); MITTELMAN, supra (economics); BENJAMIN BARBER, JIHAD V. MCWORLD: HOW GLOBALISM AND TRIBALISM ARE RESHAPING THE WORLD (1996) (cultural studies); FREIDMAN, supra (economics); ROBERT KAPLAN, THE COMING ANARCHY: SHARING THE DREAMS OF THE POST COLD WAR (2000) (cultural studies); PAUL HIRST AND GRAHAME THOMPSON, GLOBALIZATION IN QUESTION (2d ed. 1999) (economics); HELD, supra (primarily economics); WILLIAM GREIDER, ONE WORLD, READY OR NOT: THE MANIC LOGIC OF GLOBAL CAPITALISM (1997) (economics); Doris Estelle Long, "Democratizing" Globalization: Practicing the Policies of Cultural Inclusion, 6 CARDOZO INT'L & COMP. L.J. _ (forthcoming 2002) (exploring various definitions and trends of economic globalization). For purposes of analyzing the trends and processes of globalization, I have focused primarily upon the works and theories of global economists, such as David Held, Thomas Friedman and James Mittelman, and of global culturalists or geopoliticians such as Samuel Huntington, Robert Kaplan and Benjamin Barber. In this Article, I have generally not differentiated between trends identified by either "school" of thought. To the contrary, the conclusions that each has reached regarding such critical issues as national sovereignty, regionalism and the impact of "indigenization," are roughly equivalent, even if the reasons for such conclusions, and the ultimate impact of these issues on future events differs. Although I have relied on the cultural analyses of Huntington and Kaplan (among others) in my development of a predictive paradigm for analyzing harmonization trends, I have not adopted or relied on the global chaos theories of these scholars.
7. There are numerous definitions for "globalization," depending on the perspective of the viewer and the subject matter to be addressed. See, e.g., JAMES MITTLEMAN, THE GLOBALIZATION SYNDROME: TRANSFORMATION AND RESISTANCE 5-7 (2000) (containing diverse definitions of globalization from primarily economic and world systems scholars); THOMAS FREIDMAN, THE LEXUS AND THE OLIVE TREE 7 (1999) (defining globalization as "involving the inexorable integration of markets, nations . . . faster than ever before"); DAVID HELD ET AL., GLOBAL TRANSFORMATIONS: POLITICS, ECONOMICS AND CULTURE 2 (2000) (defining globalization as "the widening, deepening and speeding up of worldwide interconnectedness . . . ."); MALCOLM WATERS, GLOBALIZATION 3 (1995) (defining globalization as "a social process in which the constraints of geography on social and cultural arrangements recede and in which people become increasingly aware that they are receding."); PAUL HIRST & GRAHAME THOMPSON, GLOBALIZATION IN QUESTION 1 (2d ed. 1999) (describing the globalization era as one "in which the greater part of social life is determined by global processes, in which national cultures, national economies and national borders are dissolving"). Despite the varying definitions, all of them share a common focus on increased transborder activities and integratory activities at the economic and/or political and/or social level. Regardless of the precise phrases used, these definitions generally focus on two aspects of present day globalization that are critical to the subject matter of this Article. The first is the international, integratory nature of globalization - the force that reduces national barriers to production, trade, capital, etc. and increases international interdependences in whatever arena is being examined. Thus, at one level globalization is "the process of reducing barriers between countries and encouraging closer economic, political and social interaction." William Tabb, Progressive Globalism: Challenging the Audacity of Capital, MONTHLY REV. 50 (Feb. 1999), quoted in MITTELMAN, supra at 5. The second aspect of, at least present-day, globalization is the rapid pace at which such interconnectedness occurs, generally as a result of technological advances. See, e.g., MITTELMAN, supra at 6 (containing various definitions of globalization which focus on the rapidity of the globalization process and the role of technology); HELD, supra at 2-31 (exploring the various definitions and concepts of globalization in the twentieth century which similarly focus on integration and technology). I am using the term "globalization" in its broadest sense to refer to an integratory process in which economic inputs, including, inter alia, capital, labor, production and distribution, are interrelated across borders to create global opportunities for commerce and industry. The integratory process of globalization cuts across borders to achieve a degree of interdependence and/or inter-relatedness that increases transnational flows of goods, services, information . . . and problems. See generally SAMUEL HUNTINGTON, THE CLASH OF CIVILIZATIONS AND THE REMAKING OF THE WORLD ORDER (1996) (cultural studies); MITTELMAN, supra (economics); BENJAMIN BARBER, JIHAD V. MCWORLD: HOW GLOBALISM AND TRIBALISM ARE RESHAPING THE WORLD (1996) (cultural studies); FREIDMAN, supra (economics); ROBERT KAPLAN, THE COMING ANARCHY: SHARING THE DREAMS OF THE POST COLD WAR (2000) (cultural studies); PAUL HIRST AND GRAHAME THOMPSON, GLOBALIZATION IN QUESTION (2d ed. 1999) (economics); HELD, supra (primarily economics); WILLIAM GREIDER, ONE WORLD, READY OR NOT: THE MANIC LOGIC OF GLOBAL CAPITALISM (1997) (economics); Doris Estelle Long, "Democratizing" Globalization: Practicing the Policies of Cultural Inclusion, 6 CARDOZO INT'L & COMP. L.J. _ (forthcoming 2002) (exploring various definitions and trends of economic globalization). For purposes of analyzing the trends and processes of globalization, I have focused primarily upon the works and theories of global economists, such as David Held, Thomas Friedman and James Mittelman, and of global culturalists or geopoliticians such as Samuel Huntington, Robert Kaplan and Benjamin Barber. In this Article, I have generally not differentiated between trends identified by either "school" of thought. To the contrary, the conclusions that each has reached regarding such critical issues as national sovereignty, regionalism and the impact of "indigenization," are roughly equivalent, even if the reasons for such conclusions, and the ultimate impact of these issues on future events differs. Although I have relied on the cultural analyses of Huntington and Kaplan (among others) in my development of a predictive paradigm for analyzing harmonization trends, I have not adopted or relied on the global chaos theories of these scholars.
8. There are numerous definitions for "globalization," depending on the perspective of the viewer and the subject matter to be addressed. See, e.g., JAMES MITTLEMAN, THE GLOBALIZATION SYNDROME: TRANSFORMATION AND RESISTANCE 5-7 (2000) (containing diverse definitions of globalization from primarily economic and world systems scholars); THOMAS FREIDMAN, THE LEXUS AND THE OLIVE TREE 7 (1999) (defining globalization as "involving the inexorable integration of markets, nations . . . faster than ever before"); DAVID HELD ET AL., GLOBAL TRANSFORMATIONS: POLITICS, ECONOMICS AND CULTURE 2 (2000) (defining globalization as "the widening, deepening and speeding up of worldwide interconnectedness . . . ."); MALCOLM WATERS, GLOBALIZATION 3 (1995) (defining globalization as "a social process in which the constraints of geography on social and cultural arrangements recede and in which people become increasingly aware that they are receding."); PAUL HIRST & GRAHAME THOMPSON, GLOBALIZATION IN QUESTION 1 (2d ed. 1999) (describing the globalization era as one "in which the greater part of social life is determined by global processes, in which national cultures, national economies and national borders are dissolving"). Despite the varying definitions, all of them share a common focus on increased transborder activities and integratory activities at the economic and/or political and/or social level. Regardless of the precise phrases used, these definitions generally focus on two aspects of present day globalization that are critical to the subject matter of this Article. The first is the international, integratory nature of globalization - the force that reduces national barriers to production, trade, capital, etc. and increases international interdependences in whatever arena is being examined. Thus, at one level globalization is "the process of reducing barriers between countries and encouraging closer economic, political and social interaction." William Tabb, Progressive Globalism: Challenging the Audacity of Capital, MONTHLY REV. 50 (Feb. 1999), quoted in MITTELMAN, supra at 5. The second aspect of, at least present-day, globalization is the rapid pace at which such interconnectedness occurs, generally as a result of technological advances. See, e.g., MITTELMAN, supra at 6 (containing various definitions of globalization which focus on the rapidity of the globalization process and the role of technology); HELD, supra at 2-31 (exploring the various definitions and concepts of globalization in the twentieth century which similarly focus on integration and technology). I am using the term "globalization" in its broadest sense to refer to an integratory process in which economic inputs, including, inter alia, capital, labor, production and distribution, are interrelated across borders to create global opportunities for commerce and industry. The integratory process of globalization cuts across borders to achieve a degree of interdependence and/or inter-relatedness that increases transnational flows of goods, services, information . . . and problems. See generally SAMUEL HUNTINGTON, THE CLASH OF CIVILIZATIONS AND THE REMAKING OF THE WORLD ORDER (1996) (cultural studies); MITTELMAN, supra (economics); BENJAMIN BARBER, JIHAD V. MCWORLD: HOW GLOBALISM AND TRIBALISM ARE RESHAPING THE WORLD (1996) (cultural studies); FREIDMAN, supra (economics); ROBERT KAPLAN, THE COMING ANARCHY: SHARING THE DREAMS OF THE POST COLD WAR (2000) (cultural studies); PAUL HIRST AND GRAHAME THOMPSON, GLOBALIZATION IN QUESTION (2d ed. 1999) (economics); HELD, supra (primarily economics); WILLIAM GREIDER, ONE WORLD, READY OR NOT: THE MANIC LOGIC OF GLOBAL CAPITALISM (1997) (economics); Doris Estelle Long, "Democratizing" Globalization: Practicing the Policies of Cultural Inclusion, 6 CARDOZO INT'L & COMP. L.J. _ (forthcoming 2002) (exploring various definitions and trends of economic globalization). For purposes of analyzing the trends and processes of globalization, I have focused primarily upon the works and theories of global economists, such as David Held, Thomas Friedman and James Mittelman, and of global culturalists or geopoliticians such as Samuel Huntington, Robert Kaplan and Benjamin Barber. In this Article, I have generally not differentiated between trends identified by either "school" of thought. To the contrary, the conclusions that each has reached regarding such critical issues as national sovereignty, regionalism and the impact of "indigenization," are roughly equivalent, even if the reasons for such conclusions, and the ultimate impact of these issues on future events differs. Although I have relied on the cultural analyses of Huntington and Kaplan (among others) in my development of a predictive paradigm for analyzing harmonization trends, I have not adopted or relied on the global chaos theories of these scholars.
9. There are numerous definitions for "globalization," depending on the perspective of the viewer and the subject matter to be addressed. See, e.g., JAMES MITTLEMAN, THE GLOBALIZATION SYNDROME: TRANSFORMATION AND RESISTANCE 5-7 (2000) (containing diverse definitions of globalization from primarily economic and world systems scholars); THOMAS FREIDMAN, THE LEXUS AND THE OLIVE TREE 7 (1999) (defining globalization as "involving the inexorable integration of markets, nations . . . faster than ever before"); DAVID HELD ET AL., GLOBAL TRANSFORMATIONS: POLITICS, ECONOMICS AND CULTURE 2 (2000) (defining globalization as "the widening, deepening and speeding up of worldwide interconnectedness . . . ."); MALCOLM WATERS, GLOBALIZATION 3 (1995) (defining globalization as "a social process in which the constraints of geography on social and cultural arrangements recede and in which people become increasingly aware that they are receding."); PAUL HIRST & GRAHAME THOMPSON, GLOBALIZATION IN QUESTION 1 (2d ed. 1999) (describing the globalization era as one "in which the greater part of social life is determined by global processes, in which national cultures, national economies and national borders are dissolving"). Despite the varying definitions, all of them share a common focus on increased transborder activities and integratory activities at the economic and/or political and/or social level. Regardless of the precise phrases used, these definitions generally focus on two aspects of present day globalization that are critical to the subject matter of this Article. The first is the international, integratory nature of globalization - the force that reduces national barriers to production, trade, capital, etc. and increases international interdependences in whatever arena is being examined. Thus, at one level globalization is "the process of reducing barriers between countries and encouraging closer economic, political and social interaction." William Tabb, Progressive Globalism: Challenging the Audacity of Capital, MONTHLY REV. 50 (Feb. 1999), quoted in MITTELMAN, supra at 5. The second aspect of, at least present-day, globalization is the rapid pace at which such interconnectedness occurs, generally as a result of technological advances. See, e.g., MITTELMAN, supra at 6 (containing various definitions of globalization which focus on the rapidity of the globalization process and the role of technology); HELD, supra at 2-31 (exploring the various definitions and concepts of globalization in the twentieth century which similarly focus on integration and technology). I am using the term "globalization" in its broadest sense to refer to an integratory process in which economic inputs, including, inter alia, capital, labor, production and distribution, are interrelated across borders to create global opportunities for commerce and industry. The integratory process of globalization cuts across borders to achieve a degree of interdependence and/or inter-relatedness that increases transnational flows of goods, services, information . . . and problems. See generally SAMUEL HUNTINGTON, THE CLASH OF CIVILIZATIONS AND THE REMAKING OF THE WORLD ORDER (1996) (cultural studies); MITTELMAN, supra (economics); BENJAMIN BARBER, JIHAD V. MCWORLD: HOW GLOBALISM AND TRIBALISM ARE RESHAPING THE WORLD (1996) (cultural studies); FREIDMAN, supra (economics); ROBERT KAPLAN, THE COMING ANARCHY: SHARING THE DREAMS OF THE POST COLD WAR (2000) (cultural studies); PAUL HIRST AND GRAHAME THOMPSON, GLOBALIZATION IN QUESTION (2d ed. 1999) (economics); HELD, supra (primarily economics); WILLIAM GREIDER, ONE WORLD, READY OR NOT: THE MANIC LOGIC OF GLOBAL CAPITALISM (1997) (economics); Doris Estelle Long, "Democratizing" Globalization: Practicing the Policies of Cultural Inclusion, 6 CARDOZO INT'L & COMP. L.J. _ (forthcoming 2002) (exploring various definitions and trends of economic globalization). For purposes of analyzing the trends and processes of globalization, I have focused primarily upon the works and theories of global economists, such as David Held, Thomas Friedman and James Mittelman, and of global culturalists or geopoliticians such as Samuel Huntington, Robert Kaplan and Benjamin Barber. In this Article, I have generally not differentiated between trends identified by either "school" of thought. To the contrary, the conclusions that each has reached regarding such critical issues as national sovereignty, regionalism and the impact of "indigenization," are roughly equivalent, even if the reasons for such conclusions, and the ultimate impact of these issues on future events differs. Although I have relied on the cultural analyses of Huntington and Kaplan (among others) in my development of a predictive paradigm for analyzing harmonization trends, I have not adopted or relied on the global chaos theories of these scholars.
10. There are numerous definitions for "globalization," depending on the perspective of the viewer and the subject matter to be addressed. See, e.g., JAMES MITTLEMAN, THE GLOBALIZATION SYNDROME: TRANSFORMATION AND RESISTANCE 5-7 (2000) (containing diverse definitions of globalization from primarily economic and world systems scholars); THOMAS FREIDMAN, THE LEXUS AND THE OLIVE TREE 7 (1999) (defining globalization as "involving the inexorable integration of markets, nations . . . faster than ever before"); DAVID HELD ET AL., GLOBAL TRANSFORMATIONS: POLITICS, ECONOMICS AND CULTURE 2 (2000) (defining globalization as "the widening, deepening and speeding up of worldwide interconnectedness . . . ."); MALCOLM WATERS, GLOBALIZATION 3 (1995) (defining globalization as "a social process in which the constraints of geography on social and cultural arrangements recede and in which people become increasingly aware that they are receding."); PAUL HIRST & GRAHAME THOMPSON, GLOBALIZATION IN QUESTION 1 (2d ed. 1999) (describing the globalization era as one "in which the greater part of social life is determined by global processes, in which national cultures, national economies and national borders are dissolving"). Despite the varying definitions, all of them share a common focus on increased transborder activities and integratory activities at the economic and/or political and/or social level. Regardless of the precise phrases used, these definitions generally focus on two aspects of present day globalization that are critical to the subject matter of this Article. The first is the international, integratory nature of globalization - the force that reduces national barriers to production, trade, capital, etc. and increases international interdependences in whatever arena is being examined. Thus, at one level globalization is "the process of reducing barriers between countries and encouraging closer economic, political and social interaction." William Tabb, Progressive Globalism: Challenging the Audacity of Capital, MONTHLY REV. 50 (Feb. 1999), quoted in MITTELMAN, supra at 5. The second aspect of, at least present-day, globalization is the rapid pace at which such interconnectedness occurs, generally as a result of technological advances. See, e.g., MITTELMAN, supra at 6 (containing various definitions of globalization which focus on the rapidity of the globalization process and the role of technology); HELD, supra at 2-31 (exploring the various definitions and concepts of globalization in the twentieth century which similarly focus on integration and technology). I am using the term "globalization" in its broadest sense to refer to an integratory process in which economic inputs, including, inter alia, capital, labor, production and distribution, are interrelated across borders to create global opportunities for commerce and industry. The integratory process of globalization cuts across borders to achieve a degree of interdependence and/or inter-relatedness that increases transnational flows of goods, services, information . . . and problems. See generally SAMUEL HUNTINGTON, THE CLASH OF CIVILIZATIONS AND THE REMAKING OF THE WORLD ORDER (1996) (cultural studies); MITTELMAN, supra (economics); BENJAMIN BARBER, JIHAD V. MCWORLD: HOW GLOBALISM AND TRIBALISM ARE RESHAPING THE WORLD (1996) (cultural studies); FREIDMAN, supra (economics); ROBERT KAPLAN, THE COMING ANARCHY: SHARING THE DREAMS OF THE POST COLD WAR (2000) (cultural studies); PAUL HIRST AND GRAHAME THOMPSON, GLOBALIZATION IN QUESTION (2d ed. 1999) (economics); HELD, supra (primarily economics); WILLIAM GREIDER, ONE WORLD, READY OR NOT: THE MANIC LOGIC OF GLOBAL CAPITALISM (1997) (economics); Doris Estelle Long, "Democratizing" Globalization: Practicing the Policies of Cultural Inclusion, 6 CARDOZO INT'L & COMP. L.J. _ (forthcoming 2002) (exploring various definitions and trends of economic globalization). For purposes of analyzing the trends and processes of globalization, I have focused primarily upon the works and theories of global economists, such as David Held, Thomas Friedman and James Mittelman, and of global culturalists or geopoliticians such as Samuel Huntington, Robert Kaplan and Benjamin Barber. In this Article, I have generally not differentiated between trends identified by either "school" of thought. To the contrary, the conclusions that each has reached regarding such critical issues as national sovereignty, regionalism and the impact of "indigenization," are roughly equivalent, even if the reasons for such conclusions, and the ultimate impact of these issues on future events differs. Although I have relied on the cultural analyses of Huntington and Kaplan (among others) in my development of a predictive paradigm for analyzing harmonization trends, I have not adopted or relied on the global chaos theories of these scholars.
11. There are numerous definitions for "globalization," depending on the perspective of the viewer and the subject matter to be addressed. See, e.g., JAMES MITTLEMAN, THE GLOBALIZATION SYNDROME: TRANSFORMATION AND RESISTANCE 5-7 (2000) (containing diverse definitions of globalization from primarily economic and world systems scholars); THOMAS FREIDMAN, THE LEXUS AND THE OLIVE TREE 7 (1999) (defining globalization as "involving the inexorable integration of markets, nations . . . faster than ever before"); DAVID HELD ET AL., GLOBAL TRANSFORMATIONS: POLITICS, ECONOMICS AND CULTURE 2 (2000) (defining globalization as "the widening, deepening and speeding up of worldwide interconnectedness . . . ."); MALCOLM WATERS, GLOBALIZATION 3 (1995) (defining globalization as "a social process in which the constraints of geography on social and cultural arrangements recede and in which people become increasingly aware that they are receding."); PAUL HIRST & GRAHAME THOMPSON, GLOBALIZATION IN QUESTION 1 (2d ed. 1999) (describing the globalization era as one "in which the greater part of social life is determined by global processes, in which national cultures, national economies and national borders are dissolving"). Despite the varying definitions, all of them share a common focus on increased transborder activities and integratory activities at the economic and/or political and/or social level. Regardless of the precise phrases used, these definitions generally focus on two aspects of present day globalization that are critical to the subject matter of this Article. The first is the international, integratory nature of globalization - the force that reduces national barriers to production, trade, capital, etc. and increases international interdependences in whatever arena is being examined. Thus, at one level globalization is "the process of reducing barriers between countries and encouraging closer economic, political and social interaction." William Tabb, Progressive Globalism: Challenging the Audacity of Capital, MONTHLY REV. 50 (Feb. 1999), quoted in MITTELMAN, supra at 5. The second aspect of, at least present-day, globalization is the rapid pace at which such interconnectedness occurs, generally as a result of technological advances. See, e.g., MITTELMAN, supra at 6 (containing various definitions of globalization which focus on the rapidity of the globalization process and the role of technology); HELD, supra at 2-31 (exploring the various definitions and concepts of globalization in the twentieth century which similarly focus on integration and technology). I am using the term "globalization" in its broadest sense to refer to an integratory process in which economic inputs, including, inter alia, capital, labor, production and distribution, are interrelated across borders to create global opportunities for commerce and industry. The integratory process of globalization cuts across borders to achieve a degree of interdependence and/or inter-relatedness that increases transnational flows of goods, services, information . . . and problems. See generally SAMUEL HUNTINGTON, THE CLASH OF CIVILIZATIONS AND THE REMAKING OF THE WORLD ORDER (1996) (cultural studies); MITTELMAN, supra (economics); BENJAMIN BARBER, JIHAD V. MCWORLD: HOW GLOBALISM AND TRIBALISM ARE RESHAPING THE WORLD (1996) (cultural studies); FREIDMAN, supra (economics); ROBERT KAPLAN, THE COMING ANARCHY: SHARING THE DREAMS OF THE POST COLD WAR (2000) (cultural studies); PAUL HIRST AND GRAHAME THOMPSON, GLOBALIZATION IN QUESTION (2d ed. 1999) (economics); HELD, supra (primarily economics); WILLIAM GREIDER, ONE WORLD, READY OR NOT: THE MANIC LOGIC OF GLOBAL CAPITALISM (1997) (economics); Doris Estelle Long, "Democratizing" Globalization: Practicing the Policies of Cultural Inclusion, 6 CARDOZO INT'L & COMP. L.J. _ (forthcoming 2002) (exploring various definitions and trends of economic globalization). For purposes of analyzing the trends and processes of globalization, I have focused primarily upon the works and theories of global economists, such as David Held, Thomas Friedman and James Mittelman, and of global culturalists or geopoliticians such as Samuel Huntington, Robert Kaplan and Benjamin Barber. In this Article, I have generally not differentiated between trends identified by either "school" of thought. To the contrary, the conclusions that each has reached regarding such critical issues as national sovereignty, regionalism and the impact of "indigenization," are roughly equivalent, even if the reasons for such conclusions, and the ultimate impact of these issues on future events differs. Although I have relied on the cultural analyses of Huntington and Kaplan (among others) in my development of a predictive paradigm for analyzing harmonization trends, I have not adopted or relied on the global chaos theories of these scholars.
12. There are numerous definitions for "globalization," depending on the perspective of the viewer and the subject matter to be addressed. See, e.g., JAMES MITTLEMAN, THE GLOBALIZATION SYNDROME: TRANSFORMATION AND RESISTANCE 5-7 (2000) (containing diverse definitions of globalization from primarily economic and world systems scholars); THOMAS FREIDMAN, THE LEXUS AND THE OLIVE TREE 7 (1999) (defining globalization as "involving the inexorable integration of markets, nations . . . faster than ever before"); DAVID HELD ET AL., GLOBAL TRANSFORMATIONS: POLITICS, ECONOMICS AND CULTURE 2 (2000) (defining globalization as "the widening, deepening and speeding up of worldwide interconnectedness . . . ."); MALCOLM WATERS, GLOBALIZATION 3 (1995) (defining globalization as "a social process in which the constraints of geography on social and cultural arrangements recede and in which people become increasingly aware that they are receding."); PAUL HIRST & GRAHAME THOMPSON, GLOBALIZATION IN QUESTION 1 (2d ed. 1999) (describing the globalization era as one "in which the greater part of social life is determined by global processes, in which national cultures, national economies and national borders are dissolving"). Despite the varying definitions, all of them share a common focus on increased transborder activities and integratory activities at the economic and/or political and/or social level. Regardless of the precise phrases used, these definitions generally focus on two aspects of present day globalization that are critical to the subject matter of this Article. The first is the international, integratory nature of globalization - the force that reduces national barriers to production, trade, capital, etc. and increases international interdependences in whatever arena is being examined. Thus, at one level globalization is "the process of reducing barriers between countries and encouraging closer economic, political and social interaction." William Tabb, Progressive Globalism: Challenging the Audacity of Capital, MONTHLY REV. 50 (Feb. 1999), quoted in MITTELMAN, supra at 5. The second aspect of, at least present-day, globalization is the rapid pace at which such interconnectedness occurs, generally as a result of technological advances. See, e.g., MITTELMAN, supra at 6 (containing various definitions of globalization which focus on the rapidity of the globalization process and the role of technology); HELD, supra at 2-31 (exploring the various definitions and concepts of globalization in the twentieth century which similarly focus on integration and technology). I am using the term "globalization" in its broadest sense to refer to an integratory process in which economic inputs, including, inter alia, capital, labor, production and distribution, are interrelated across borders to create global opportunities for commerce and industry. The integratory process of globalization cuts across borders to achieve a degree of interdependence and/or inter-relatedness that increases transnational flows of goods, services, information . . . and problems. See generally SAMUEL HUNTINGTON, THE CLASH OF CIVILIZATIONS AND THE REMAKING OF THE WORLD ORDER (1996) (cultural studies); MITTELMAN, supra (economics); BENJAMIN BARBER, JIHAD V. MCWORLD: HOW GLOBALISM AND TRIBALISM ARE RESHAPING THE WORLD (1996) (cultural studies); FREIDMAN, supra (economics); ROBERT KAPLAN, THE COMING ANARCHY: SHARING THE DREAMS OF THE POST COLD WAR (2000) (cultural studies); PAUL HIRST AND GRAHAME THOMPSON, GLOBALIZATION IN QUESTION (2d ed. 1999) (economics); HELD, supra (primarily economics); WILLIAM GREIDER, ONE WORLD, READY OR NOT: THE MANIC LOGIC OF GLOBAL CAPITALISM (1997) (economics); Doris Estelle Long, "Democratizing" Globalization: Practicing the Policies of Cultural Inclusion, 6 CARDOZO INT'L & COMP. L.J. _ (forthcoming 2002) (exploring various definitions and trends of economic globalization). For purposes of analyzing the trends and processes of globalization, I have focused primarily upon the works and theories of global economists, such as David Held, Thomas Friedman and James Mittelman, and of global culturalists or geopoliticians such as Samuel Huntington, Robert Kaplan and Benjamin Barber. In this Article, I have generally not differentiated between trends identified by either "school" of thought. To the contrary, the conclusions that each has reached regarding such critical issues as national sovereignty, regionalism and the impact of "indigenization," are roughly equivalent, even if the reasons for such conclusions, and the ultimate impact of these issues on future events differs. Although I have relied on the cultural analyses of Huntington and Kaplan (among others) in my development of a predictive paradigm for analyzing harmonization trends, I have not adopted or relied on the global chaos theories of these scholars.
13. There are numerous definitions for "globalization," depending on the perspective of the viewer and the subject matter to be addressed. See, e.g., JAMES MITTLEMAN, THE GLOBALIZATION SYNDROME: TRANSFORMATION AND RESISTANCE 5-7 (2000) (containing diverse definitions of globalization from primarily economic and world systems scholars); THOMAS FREIDMAN, THE LEXUS AND THE OLIVE TREE 7 (1999) (defining globalization as "involving the inexorable integration of markets, nations . . . faster than ever before"); DAVID HELD ET AL., GLOBAL TRANSFORMATIONS: POLITICS, ECONOMICS AND CULTURE 2 (2000) (defining globalization as "the widening, deepening and speeding up of worldwide interconnectedness . . . ."); MALCOLM WATERS, GLOBALIZATION 3 (1995) (defining globalization as "a social process in which the constraints of geography on social and cultural arrangements recede and in which people become increasingly aware that they are receding."); PAUL HIRST & GRAHAME THOMPSON, GLOBALIZATION IN QUESTION 1 (2d ed. 1999) (describing the globalization era as one "in which the greater part of social life is determined by global processes, in which national cultures, national economies and national borders are dissolving"). Despite the varying definitions, all of them share a common focus on increased transborder activities and integratory activities at the economic and/or political and/or social level. Regardless of the precise phrases used, these definitions generally focus on two aspects of present day globalization that are critical to the subject matter of this Article. The first is the international, integratory nature of globalization - the force that reduces national barriers to production, trade, capital, etc. and increases international interdependences in whatever arena is being examined. Thus, at one level globalization is "the process of reducing barriers between countries and encouraging closer economic, political and social interaction." William Tabb, Progressive Globalism: Challenging the Audacity of Capital, MONTHLY REV. 50 (Feb. 1999), quoted in MITTELMAN, supra at 5. The second aspect of, at least present-day, globalization is the rapid pace at which such interconnectedness occurs, generally as a result of technological advances. See, e.g., MITTELMAN, supra at 6 (containing various definitions of globalization which focus on the rapidity of the globalization process and the role of technology); HELD, supra at 2-31 (exploring the various definitions and concepts of globalization in the twentieth century which similarly focus on integration and technology). I am using the term "globalization" in its broadest sense to refer to an integratory process in which economic inputs, including, inter alia, capital, labor, production and distribution, are interrelated across borders to create global opportunities for commerce and industry. The integratory process of globalization cuts across borders to achieve a degree of interdependence and/or inter-relatedness that increases transnational flows of goods, services, information . . . and problems. See generally SAMUEL HUNTINGTON, THE CLASH OF CIVILIZATIONS AND THE REMAKING OF THE WORLD ORDER (1996) (cultural studies); MITTELMAN, supra (economics); BENJAMIN BARBER, JIHAD V. MCWORLD: HOW GLOBALISM AND TRIBALISM ARE RESHAPING THE WORLD (1996) (cultural studies); FREIDMAN, supra (economics); ROBERT KAPLAN, THE COMING ANARCHY: SHARING THE DREAMS OF THE POST COLD WAR (2000) (cultural studies); PAUL HIRST AND GRAHAME THOMPSON, GLOBALIZATION IN QUESTION (2d ed. 1999) (economics); HELD, supra (primarily economics); WILLIAM GREIDER, ONE WORLD, READY OR NOT: THE MANIC LOGIC OF GLOBAL CAPITALISM (1997) (economics); Doris Estelle Long, "Democratizing" Globalization: Practicing the Policies of Cultural Inclusion, 6 CARDOZO INT'L & COMP. L.J. _ (forthcoming 2002) (exploring various definitions and trends of economic globalization). For purposes of analyzing the trends and processes of globalization, I have focused primarily upon the works and theories of global economists, such as David Held, Thomas Friedman and James Mittelman, and of global culturalists or geopoliticians such as Samuel Huntington, Robert Kaplan and Benjamin Barber. In this Article, I have generally not differentiated between trends identified by either "school" of thought. To the contrary, the conclusions that each has reached regarding such critical issues as national sovereignty, regionalism and the impact of "indigenization," are roughly equivalent, even if the reasons for such conclusions, and the ultimate impact of these issues on future events differs. Although I have relied on the cultural analyses of Huntington and Kaplan (among others) in my development of a predictive paradigm for analyzing harmonization trends, I have not adopted or relied on the global chaos theories of these scholars.
14. There are numerous definitions for "globalization," depending on the perspective of the viewer and the subject matter to be addressed. See, e.g., JAMES MITTLEMAN, THE GLOBALIZATION SYNDROME: TRANSFORMATION AND RESISTANCE 5-7 (2000) (containing diverse definitions of globalization from primarily economic and world systems scholars); THOMAS FREIDMAN, THE LEXUS AND THE OLIVE TREE 7 (1999) (defining globalization as "involving the inexorable integration of markets, nations . . . faster than ever before"); DAVID HELD ET AL., GLOBAL TRANSFORMATIONS: POLITICS, ECONOMICS AND CULTURE 2 (2000) (defining globalization as "the widening, deepening and speeding up of worldwide interconnectedness . . . ."); MALCOLM WATERS, GLOBALIZATION 3 (1995) (defining globalization as "a social process in which the constraints of geography on social and cultural arrangements recede and in which people become increasingly aware that they are receding."); PAUL HIRST & GRAHAME THOMPSON, GLOBALIZATION IN QUESTION 1 (2d ed. 1999) (describing the globalization era as one "in which the greater part of social life is determined by global processes, in which national cultures, national economies and national borders are dissolving"). Despite the varying definitions, all of them share a common focus on increased transborder activities and integratory activities at the economic and/or political and/or social level. Regardless of the precise phrases used, these definitions generally focus on two aspects of present day globalization that are critical to the subject matter of this Article. The first is the international, integratory nature of globalization - the force that reduces national barriers to production, trade, capital, etc. and increases international interdependences in whatever arena is being examined. Thus, at one level globalization is "the process of reducing barriers between countries and encouraging closer economic, political and social interaction." William Tabb, Progressive Globalism: Challenging the Audacity of Capital, MONTHLY REV. 50 (Feb. 1999), quoted in MITTELMAN, supra at 5. The second aspect of, at least present-day, globalization is the rapid pace at which such interconnectedness occurs, generally as a result of technological advances. See, e.g., MITTELMAN, supra at 6 (containing various definitions of globalization which focus on the rapidity of the globalization process and the role of technology); HELD, supra at 2-31 (exploring the various definitions and concepts of globalization in the twentieth century which similarly focus on integration and technology). I am using the term "globalization" in its broadest sense to refer to an integratory process in which economic inputs, including, inter alia, capital, labor, production and distribution, are interrelated across borders to create global opportunities for commerce and industry. The integratory process of globalization cuts across borders to achieve a degree of interdependence and/or inter-relatedness that increases transnational flows of goods, services, information . . . and problems. See generally SAMUEL HUNTINGTON, THE CLASH OF CIVILIZATIONS AND THE REMAKING OF THE WORLD ORDER (1996) (cultural studies); MITTELMAN, supra (economics); BENJAMIN BARBER, JIHAD V. MCWORLD: HOW GLOBALISM AND TRIBALISM ARE RESHAPING THE WORLD (1996) (cultural studies); FREIDMAN, supra (economics); ROBERT KAPLAN, THE COMING ANARCHY: SHARING THE DREAMS OF THE POST COLD WAR (2000) (cultural studies); PAUL HIRST AND GRAHAME THOMPSON, GLOBALIZATION IN QUESTION (2d ed. 1999) (economics); HELD, supra (primarily economics); WILLIAM GREIDER, ONE WORLD, READY OR NOT: THE MANIC LOGIC OF GLOBAL CAPITALISM (1997) (economics); Doris Estelle Long, "Democratizing" Globalization: Practicing the Policies of Cultural Inclusion, 6 CARDOZO INT'L & COMP. L.J. _ (forthcoming 2002) (exploring various definitions and trends of economic globalization). For purposes of analyzing the trends and processes of globalization, I have focused primarily upon the works and theories of global economists, such as David Held, Thomas Friedman and James Mittelman, and of global culturalists or geopoliticians such as Samuel Huntington, Robert Kaplan and Benjamin Barber. In this Article, I have generally not differentiated between trends identified by either "school" of thought. To the contrary, the conclusions that each has reached regarding such critical issues as national sovereignty, regionalism and the impact of "indigenization," are roughly equivalent, even if the reasons for such conclusions, and the ultimate impact of these issues on future events differs. Although I have relied on the cultural analyses of Huntington and Kaplan (among others) in my development of a predictive paradigm for analyzing harmonization trends, I have not adopted or relied on the global chaos theories of these scholars.
15. There are numerous definitions for "globalization," depending on the perspective of the viewer and the subject matter to be addressed. See, e.g., JAMES MITTLEMAN, THE GLOBALIZATION SYNDROME: TRANSFORMATION AND RESISTANCE 5-7 (2000) (containing diverse definitions of globalization from primarily economic and world systems scholars); THOMAS FREIDMAN, THE LEXUS AND THE OLIVE TREE 7 (1999) (defining globalization as "involving the inexorable integration of markets, nations . . . faster than ever before"); DAVID HELD ET AL., GLOBAL TRANSFORMATIONS: POLITICS, ECONOMICS AND CULTURE 2 (2000) (defining globalization as "the widening, deepening and speeding up of worldwide interconnectedness . . . ."); MALCOLM WATERS, GLOBALIZATION 3 (1995) (defining globalization as "a social process in which the constraints of geography on social and cultural arrangements recede and in which people become increasingly aware that they are receding."); PAUL HIRST & GRAHAME THOMPSON, GLOBALIZATION IN QUESTION 1 (2d ed. 1999) (describing the globalization era as one "in which the greater part of social life is determined by global processes, in which national cultures, national economies and national borders are dissolving"). Despite the varying definitions, all of them share a common focus on increased transborder activities and integratory activities at the economic and/or political and/or social level. Regardless of the precise phrases used, these definitions generally focus on two aspects of present day globalization that are critical to the subject matter of this Article. The first is the international, integratory nature of globalization - the force that reduces national barriers to production, trade, capital, etc. and increases international interdependences in whatever arena is being examined. Thus, at one level globalization is "the process of reducing barriers between countries and encouraging closer economic, political and social interaction." William Tabb, Progressive Globalism: Challenging the Audacity of Capital, MONTHLY REV. 50 (Feb. 1999), quoted in MITTELMAN, supra at 5. The second aspect of, at least present-day, globalization is the rapid pace at which such interconnectedness occurs, generally as a result of technological advances. See, e.g., MITTELMAN, supra at 6 (containing various definitions of globalization which focus on the rapidity of the globalization process and the role of technology); HELD, supra at 2-31 (exploring the various definitions and concepts of globalization in the twentieth century which similarly focus on integration and technology). I am using the term "globalization" in its broadest sense to refer to an integratory process in which economic inputs, including, inter alia, capital, labor, production and distribution, are interrelated across borders to create global opportunities for commerce and industry. The integratory process of globalization cuts across borders to achieve a degree of interdependence and/or inter-relatedness that increases transnational flows of goods, services, information . . . and problems. See generally SAMUEL HUNTINGTON, THE CLASH OF CIVILIZATIONS AND THE REMAKING OF THE WORLD ORDER (1996) (cultural studies); MITTELMAN, supra (economics); BENJAMIN
16. There are numerous definitions for "globalization," depending on the perspective of the viewer and the subject matter to be addressed. See, e.g., JAMES MITTLEMAN, THE GLOBALIZATION SYNDROME: TRANSFORMATION AND RESISTANCE 5-7 (2000) (containing diverse definitions of globalization from primarily economic and world systems scholars); THOMAS FREIDMAN, THE LEXUS AND THE OLIVE TREE 7 (1999) (defining globalization as "involving the inexorable integration of markets, nations . . . faster than ever before"); DAVID HELD ET AL., GLOBAL TRANSFORMATIONS: POLITICS, ECONOMICS AND CULTURE 2 (2000) (defining globalization as "the widening, deepening and speeding up of worldwide interconnectedness . . . ."); MALCOLM WATERS, GLOBALIZATION 3 (1995) (defining globalization as "a social process in which the constraints of geography on social and cultural arrangements recede and in which people become increasingly aware that they are receding."); PAUL HIRST & GRAHAME THOMPSON, GLOBALIZATION IN QUESTION 1 (2d ed. 1999) (describing the globalization era as one "in which the greater part of social life is determined by global processes, in which national cultures, national economies and national borders are dissolving"). Despite the varying definitions, all of them share a common focus on increased transborder activities and integratory activities at the economic and/or political and/or social level. Regardless of the precise phrases used, these definitions generally focus on two aspects of present day globalization that are critical to the subject matter of this Article. The first is the international, integratory nature of globalization - the force that reduces national barriers to production, trade, capital, etc. and increases international interdependences in whatever arena is being examined. Thus, at one level globalization is "the process of reducing barriers between countries and encouraging closer economic, political and social interaction." William Tabb, Progressive Globalism: Challenging the Audacity of Capital, MONTHLY REV. 50 (Feb. 1999), quoted in MITTELMAN, supra at 5. The second aspect of, at least present-day, globalization is the rapid pace at which such interconnectedness occurs, generally as a result of technological advances. See, e.g., MITTELMAN, supra at 6 (containing various definitions of globalization which focus on the rapidity of the globalization process and the role of technology); HELD, supra at 2-31 (exploring the various definitions and concepts of globalization in the twentieth century which similarly focus on integration and technology). I am using the term "globalization" in its broadest sense to refer to an integratory process in which economic inputs, including, inter alia, capital, labor, production and distribution, are interrelated across borders to create global opportunities for commerce and industry. The integratory process of globalization cuts across borders to achieve a degree of interdependence and/or inter-relatedness that increases transnational flows of goods, services, information . . . and problems. See generally SAMUEL HUNTINGTON, THE CLASH OF CIVILIZATIONS AND THE REMAKING OF THE WORLD ORDER (1996) (cultural studies); MITTELMAN, supra (economics); BENJAMIN BARBER, JIHAD V. MCWORLD: HOW GLOBALISM AND TRIBALISM ARE RESHAPING THE WORLD (1996) (cultural studies); FREIDMAN, supra (economics); ROBERT KAPLAN, THE COMING ANARCHY: SHARING THE DREAMS OF THE POST COLD WAR (2000) (cultural studies); PAUL HIRST AND GRAHAME THOMPSON, GLOBALIZATION IN QUESTION (2d ed. 1999) (economics); HELD, supra (primarily economics); WILLIAM GREIDER, ONE WORLD, READY OR NOT: THE MANIC LOGIC OF GLOBAL CAPITALISM (1997) (economics); Doris Estelle Long, "Democratizing" Globalization: Practicing the Policies of Cultural Inclusion, 6 CARDOZO INT'L & COMP. L.J. _ (forthcoming 2002) (exploring various definitions and trends of economic globalization). For purposes of analyzing the trends and processes of globalization, I have focused primarily upon the works and theories of global economists, such as David Held, Thomas Friedman and James Mittelman, and of global culturalists or geopoliticians such as Samuel Huntington, Robert Kaplan and Benjamin Barber. In this Article, I have generally not differentiated between trends identified by either "school" of thought. To the contrary, the conclusions that each has reached regarding such critical issues as national sovereignty, regionalism and the impact of "indigenization," are roughly equivalent, even if the reasons for such conclusions, and the ultimate impact of these issues on future events differs. Although I have relied on the cultural analyses of Huntington and Kaplan (among others) in my development of a predictive paradigm for analyzing harmonization trends, I have not adopted or relied on the global chaos theories of these scholars.
17. See, e.g., FRIEDMAN, supra note 2, at 7 (praising globalization as "the overarching international system shaping the domestic politics and foreign relations of virtually every country" and a "dynamic ongoing process").
18. See, e.g., MITTELMAN, supra note 2, at 179-202 (exploring the rise, goals and effects of "environmental resistance politics"). See also HELD, supra note 2, at 376-412 (exploring the causes, trends and effects of globalization on the environment).
19. Perhaps the most famous advocate of this inevitability view of globalization is Thomas Friedman who described globalization as the "North Star" that is shaping the world. He stated: "I didn't start globalization, I can't stop if -except at a huge cost to human development - and I'm not going to waste time trying." FRIEDMAN, supra note 2, at xviii. The "unchallengeable" nature of this mantra, however, may be changing in view of anti-globalization protests in Seattle, Barcelona and Genoa (among others). Whether the violence of Genoa in the summer of 2001 has affected globalization or simply affected the manner in which globalization meetings are held remains to be seen.
20. See text infra Part III (discussing the erosion of sovereign power of nation states as a result of certain globalization trends).
21. See, e.g., International Covenant on Economic, Social and Cultural Rights, art. 15(1)(c), Dec. 16, 1996, 993 U.N.T.S. 3; International Convention on Civil and Political Rights, art. 19, Dec. 16, 1996, 999 U.N.T.S. 171; Universal Declaration of Human Rights, U.N. Doc. A/180, art. 27.2 (1948) (all of which contain a recognition of the international obligation to protect culture and/ or works of cultural significance, such as art and literature).
22. See, e.g., International Covenant on Economic, Social and Cultural Rights, art. 15(1)(c), Dec. 16, 1996, 993 U.N.T.S. 3; International Convention on Civil and Political Rights, art. 19, Dec. 16, 1996, 999 U.N.T.S. 171; Universal Declaration of Human Rights, U.N. Doc. A/180, art. 27.2 (1948) (all of which contain a recognition of the international obligation to protect culture and/ or works of cultural significance, such as art and literature).
23. See, e.g., International Covenant on Economic, Social and Cultural Rights, art. 15(1)(c), Dec. 16, 1996, 993 U.N.T.S. 3; International Convention on Civil and Political Rights, art. 19, Dec. 16, 1996, 999 U.N.T.S. 171; Universal Declaration of Human Rights, U.N. Doc. A/180, art. 27.2 (1948) (all of which contain a recognition of the international obligation to protect culture and/ or works of cultural significance, such as art and literature).
24. See, e.g., Convention on Biodiversity, June 5, 1992 31 I.L.M. 818 (1992) (establishing diverse protection standards for the biota); Kyoto Protocol to the United Nations Framework Convention on Climate Change http:// www.unfcc.int/cop7/convkp/index.html (dealing with, inter alia, the international treatment of greenhouse gases).
25. See, e.g., Convention on Biodiversity, June 5, 1992 31 I.L.M. 818 (1992) (establishing diverse protection standards for the biota); Kyoto Protocol to the United Nations Framework Convention on Climate Change http:// www.unfcc.int/cop7/convkp/index.html (dealing with, inter alia, the international treatment of greenhouse gases).
26. See, e.g., Agreement on the Trade Related Aspects of Intellectual Property Rights, Apr. 15, 1994, 33 I.L.M. 81 [hereinafter "TRIPs"]. For purposes of this Article, "intellectual property" is defined to include the "traditional" (or "Western-created ") forms of legal protection for works of creative or innovative endeavor. These forms, which have generally been protected under international treaty regimes, include copyright, patents, trademarks, trade secrets, and industrial designs and utility models. These categories of intellectual property have generally been protected internationally since at least the 1880s with the establishment of the Berne and Paris Conventions.
27. For purposes of this Article I have used the term "harmonization" in the broader sense of an attempt to achieve agreement on multinational universal concepts for the recognition, protection and enforcement of intellectual property rights. Harmonization for this purpose includes both efforts to alter domestic laws to "approximate" agreed upon principles. See, e.g., First Council Directive to Approximate the Laws of Member States Relating to Trademarks, 89/104/EC (Dec. 21, 1988), as well as efforts to establish universal standards (universalization). I should note that I am not convinced that universalization of all standards of IPR protection is either possible, as a practical matter, in a multicultural world, or even desirable. I do believe, however, that some level of universalization of fundamental concepts is desirable and even necessary if international trade in intellectual property-based products and services is to continue.
28. I am not completely satisfied with the use of the terms "developed," "least developed" and "developing" country to categorize countries of varying levels of economic/industrial development. On their face the terms perpetrate a power hierarchy that seems rooted in imperialism and is offensive. Moreover, I fully recognize that the terms "developing" and "least developed" convey a pejorative connotation, particularly in comparison with the "developed" world. Despite these problems I am not convinced that other alternatives, such as First and Third World or industrial and non-industrial are less problematic. Moreover, since these terms appear in TRIPs, they have a certain relevance to the present discussion that is lacking in other terms. See TRIPs, arts. 65-67. "Developed" countries, such as the United States, Japan, Canada and most of the members of the European Union, are generally perceived as owning or controlling most of the world's presently available technology that can be protected under intellectual property laws as traditionally applied. "Developing" countries, by contrast, are perceived as owning or controlling markedly less technology, and therefore benefiting less from strong IPR protection. It should be noted that for purposes of TRIPs compliance the categories are self-selecting.
29. See, e.g., EDWARD SAID, CULTURE AND IMPERIALISM (1993) (exploring the impact of colonial imperialism on modern relations). See also Marci Hamilton, The TRIPS Agreement: Imperialistic, Outdated, and Overprotective, 29 VAND. J. TRANSNAT'L L. 613 (1996) (noting the imperialistic nature of developed countries' imposition of western intellectual property systems on developing countries).
30. See, e.g., EDWARD SAID, CULTURE AND IMPERIALISM (1993) (exploring the impact of colonial imperialism on modern relations). See also Marci Hamilton, The TRIPS Agreement: Imperialistic, Outdated, and Overprotective, 29 VAND. J. TRANSNAT'L L. 613 (1996) (noting the imperialistic nature of developed countries' imposition of western intellectual property systems on developing countries).
31. See, e.g., V.G. KIERNAN, EUROPEAN EMPIRES FROM CONQUEST TO COLLAPSE 1815-1960 (1981) (examining the course of European Imperialism, including economic and political effects and history); DAVID LANDES, THE UNBOUND PROMETHEUS: TECHNOLOGICAL CHANGE AND INDUSTRIAL DEVELOPMENT IN WESTERN EUROPE FROM 1750 TO THE PRESENT (1969) (exploring the history of trade and technology during the nineteenth century); MATTHEW FRYE JACOBSON, BARBARIAN VIRTUES: THE UNITED STATES ENCOUNTERS FOREIGN PEOPLES AT HOME AND ABROAD 1876-1917 (2000) (exploring the use of foreign countries as sources of raw materials and markets for consumer goods during the late nineteenth century).
32. See, e.g., V.G. KIERNAN, EUROPEAN EMPIRES FROM CONQUEST TO COLLAPSE 1815-1960 (1981) (examining the course of European Imperialism, including economic and political effects and history); DAVID LANDES, THE UNBOUND PROMETHEUS: TECHNOLOGICAL CHANGE AND INDUSTRIAL DEVELOPMENT IN WESTERN EUROPE FROM 1750 TO THE PRESENT (1969) (exploring the history of trade and technology during the nineteenth century); MATTHEW FRYE JACOBSON, BARBARIAN VIRTUES: THE UNITED STATES ENCOUNTERS FOREIGN PEOPLES AT HOME AND ABROAD 1876-1917 (2000) (exploring the use of foreign countries as sources of raw materials and markets for consumer goods during the late nineteenth century).
33. See, e.g., V.G. KIERNAN, EUROPEAN EMPIRES FROM CONQUEST TO COLLAPSE 1815-1960 (1981) (examining the course of European Imperialism, including economic and political effects and history); DAVID LANDES, THE UNBOUND PROMETHEUS: TECHNOLOGICAL CHANGE AND INDUSTRIAL DEVELOPMENT IN WESTERN EUROPE FROM 1750 TO THE PRESENT (1969) (exploring the history of trade and technology during the nineteenth century); MATTHEW FRYE JACOBSON, BARBARIAN VIRTUES: THE UNITED STATES ENCOUNTERS FOREIGN PEOPLES AT HOME AND ABROAD 1876-1917 (2000) (exploring the use of foreign countries as sources of raw materials and markets for consumer goods during the late nineteenth century).
34. Some of the most heated debates between the developed and developing countries remain the use of traditional knowledge and the biota of the developing world. Debates in recent years over the patentability of neem seed as a fertilizer or tumeric for its healing purposes are only a few examples of what is seen by the developing world as an increasing use of its resources for the benefit of developed countries. These uses are strongly reminiscent of the role the developing world played during the colonial era of the nineteenth century.
35. See works cited in note 12 supra. The profitability of this market, however, is open to question given the large amount of piracy of intellectual property protected works in developing countries. See notes 102-106 infra and accompanying text.
36. MITTELMAN, supra note 2, at 6.
37. See, e.g., FRIEDMAN, supra note 2 (examining globalization primarily through the lens of economic globalization).
38. See, e.g., HUNTINGTON, supra note 2 (examining globalization primarily through the lens of geo-political global relationships).
39. See, e.g., GEIDER, supra note 2 (examining globalization primarily through the lens of capital financial flows).
40. See notes 36-46 infra and accompanying text (discussing the impact of TRIPs in establishing the trade-related (utilitarian) nature of intellectual property rights).
41. See, e.g., HELD, supra note 2, at 152. See also Rosemay Bray McNatt, Read All About It: The Global Economy, http://www.uua.org/world/0900books.html (describing slavery in the Americas as one of the results of earlier globalization efforts).
42. See, e.g., HELD, supra note 2, at 49-57 (examining the historical development of international actors in international trade and global affairs).
43. This term refers to use of gold as the standard for the exchange rate for most of the major currencies. Established in 1878, the Gold Standard had the practical effect of facilitating the development of an international securities market and facilitating international trade by establishing a readily convertible international "currency" for such trade. See generally HELD, supra note 2, at 195-201.
44. According to Michael Bordo, before 1914 foreign assets counted for 20% of the collective gross domestic product of the world. See Alexander Stille, Globalization Now, A Sequel of Sorts, N.Y. TIMES, Aug. 13, 2001 (from http://www.nytimes.com, Aug. 13, 2001). Such integration is yet to be achieved in the post-War global marketplace. See HIRST, supra note 2 (noting the neither trade figures nor capital flows have reached 1914 highs). These figures, however, may not be directly comparable given current disputes over the basis on which Gold Standard export and import rates have been calculated. Disputes also exist over the comparability of capital flow figures given the impact of the Gold Standard system on fluctuations in interest rates on foreign investments. Id. at 28-29, 62-65.
45. See generally HELD, supra note 2, at 155-57.
46. HIRST, supra note 2, at 37.
47. John Maynard Keynes, quoted in Alexander Stille, Globalization Now, A Sequel of Sorts, N.Y. TIMES, Aug. 13, 2001) (from http://www.nytimes.com, Aug. 13, 2001).
48. FRIEDMAN, supra note 2, at 7-8 (emphasis added). Friedman further equates globalization with "the spread of free market capitalism to virtually every country in the world." Id. at 8. According to Friedman, the "driving idea" behind globalization is "free-market capitalism," its "defining perspective" is "integration," and its "defining document" is "the Deal." Id. The equation of globalization with the inexorable spread of market capitalism is one of the most hotly debated premises of Friedman's book. Whether such equation is appropriate, or desirable, is beyond the scope of this paper. What is significant, for purposes of evaluating the reality of globalization through the IP lens, is the focus on rapid market integration and the leveling effect of such integration on culture and communities.
49. See, e.g, FRIEDMAN, supra note 2; International Monetary Fund, Globalization: Threat or Opportunity, http://www.imf.com.
50. HELD, supra note 2, at 2.
51. See, e.g., HUNTINGTON, supra note 2; BARBER, supra note 2.
52. See, e.g., HUNTINGTON, supra note 2; KAPLAN, supra note 2.
53. See, e.g., MITTELMAN, supra note 2.
54. See, e.g., GREIDER, supra note 2. This division of subject matters was suggested by Leslie Sklair. See Leslie Sklair, Competing Conceptions of Globalization, J. OF WORLD SYSTEMS RESEARCH 143 (1999). For other subject matter divisions that have been used to describe various "schools" of globalization analysis, see note 2 supra.
55. See discussion infra notes 37-47 (discussing the trade related nature of intellectual property rights).
56. FRANCK SCHECHTER, THE HISTORICAL FOUNDATIONS OF THE LAW RELATING TO TRADE MARKS (1925).
57. In 1878, the French Government organized an international literary congress in Paris, convened under the Presidency of Victor Hugo. These efforts eventually evolved into the convening in 1883 of a conference in Berne, whose efforts resulted in the establishment of the Berne Convention in 1886. One of the key issues addressed was the protection of works by foreign authors against a booming piracy business. See generally SAM RICKETSON, THE BERNE CONVENTION FOR THE PROTECTION OF LITERARY AND ARTISTIC WORKS, 1886-1986, 46 (1987) (discussing the history of the Berne Convention including the early concern of authors over lack of international protection for their works).
58. See Doris Estelle Long, Copyright and Uruguay Round Agreements: A New Era of Protection or an Illusory Promise?, 22 AIPLA Q.J. 531 (1994) (discussing the negotiating history of certain provisions of the TRIPs agreement); THE GATT URUGUAY ROUND: A NEGOTIATING HISTORY (1986-1992) (Terence Stewart ed.,1993) (same).
59. See Doris Estelle Long, Copyright and Uruguay Round Agreements: A New Era of Protection or an Illusory Promise?, 22 AIPLA Q.J. 531 (1994) (discussing the negotiating history of certain provisions of the TRIPs agreement); THE GATT URUGUAY ROUND: A NEGOTIATING HISTORY (1986-1992) (Terence Stewart ed.,1993) (same).
60. See Frederick Abbott, Protecting First World Assets in the Third World: Intellectual Property Negotiations in the GATT Multilateral Framework, 22 VAND. J. TRANSNAT'L L. 689 (1989) (describing the range of concessions obtained in return for IPR protection under TRIPs, including reductions in agricultural subsidies, concessions on tropical product imports and quotas on textile products).
61. TRIPs, Preamble.
62. TRIPs, art. 40(2).
63. TRIPs, art. 31.
64. See, e.g., A. Samuel Oddi, TRIPS - Natural Rights and a "Polite Form of Economic Imperialism", 29 VAND. J. TRANSNAT'L L. 415 (1996); Alfred C. Yen, Restoring the Natural Law: Copyright as Labor and Possession, 51 OHIO ST. L.J. 517 (1990); Adam D. Moore, A Lockean Theory of Intellectual Property, 21 HAMLINE L. REV. 65 (1997). See generally ANTHONY D'AMATO & DORIS ESTELLE LONG, INTERNATIONAL INTELLECTUAL PROPERTY LAW (1997).
65. See, e.g., A. Samuel Oddi, TRIPS - Natural Rights and a "Polite Form of Economic Imperialism", 29 VAND. J. TRANSNAT'L L. 415 (1996); Alfred C. Yen, Restoring the Natural Law: Copyright as Labor and Possession, 51 OHIO ST. L.J. 517 (1990); Adam D. Moore, A Lockean Theory of Intellectual Property, 21 HAMLINE L. REV. 65 (1997). See generally ANTHONY D'AMATO & DORIS ESTELLE LONG, INTERNATIONAL INTELLECTUAL PROPERTY LAW (1997).
66. See, e.g., A. Samuel Oddi, TRIPS - Natural Rights and a "Polite Form of Economic Imperialism", 29 VAND. J. TRANSNAT'L L. 415 (1996); Alfred C. Yen, Restoring the Natural Law: Copyright as Labor and Possession, 51 OHIO ST. L.J. 517 (1990); Adam D. Moore, A Lockean Theory of Intellectual Property, 21 HAMLINE L. REV. 65 (1997). See generally ANTHONY D'AMATO & DORIS ESTELLE LONG, INTERNATIONAL INTELLECTUAL PROPERTY LAW (1997).
67. See, e.g., A. Samuel Oddi, TRIPS - Natural Rights and a "Polite Form of Economic Imperialism", 29 VAND. J. TRANSNAT'L L. 415 (1996); Alfred C. Yen, Restoring the Natural Law: Copyright as Labor and Possession, 51 OHIO ST. L.J. 517 (1990); Adam D. Moore, A Lockean Theory of Intellectual Property, 21 HAMLINE L. REV. 65 (1997). See generally ANTHONY D'AMATO & DORIS ESTELLE LONG, INTERNATIONAL INTELLECTUAL PROPERTY LAW (1997).
68. See generally D'AMATO & LONG, supra note 43, at Chapter 6 and works cited therein.
69. Id.
70. TRIPs represented the first time that the substantive aspects of intellectual property protection beyond border measures was treated as an item of trade under GATT - a pure trade organization.
71. These "cultural industries" may be loosely defined as those of book, music, television and film - or generally the industries traditionally protected under copyright, but whose content is generally considered reflective of local culture. Efforts designed to protect cultural integrity in free trade agreements, such as Article 2005 of the Canadian Free Trade Agreement, are generally directed to the copyright industries.
72. See discussion infra Part III.
73. See note 10 supra (defining "harmonization" for purposes of this Article).
74. See discussion infra Part III.
75. I take no position whether such consumer culture is worthy or valuable. The point is that any "culture," however defined, needs its symbols and works protected.
76. See, e.g., BARBER, supra note 2, at 28.
77. See, e.g., MORRIS GOLDSTEIN, THE ASIAN FINANCIAL CRISIS: CAUSES, CURES, AND SYSTEMIC IMPLICATIONS (1998). See also HIRST, supra note 2, at 135-62 (discussing the Asian financial crisis and other financial crises whose impact was felt world-wide).
78. HELD, supra note 2, at 2.
79. Id.
80. ROBERT KAPLAN, THE COMING ANARCHY: SHATTERING THE DREAMS OF THE POST COLD WAR 83-89 (2000).
81. See, e.g., HIRST, supra note 2, at 20.
82. For a general discussion of the growth of MNC's and their significance in the development of a global trading system, see HELD, supra note 2, at 239-47.
83. Id. at 255-74.
84. Id.
85. See HIRST, supra note 2, at 88-96 (discussing diverse institutional structures of current MNC's).
86. See, e.g., Ronald Kotulak and Peter Gorney, Stem Cell Limits Bring New Fears, http://www.chicagotribune.com/news (Sept. 7, 2001) (describing the increasing desire of universities to engage in private funded research); Eyal Press and Jennifer Washburn, The Kept University, The Atlantic Online, http:// www.theatlantic.com/issues/2000/03/press.htm (Mar. 2000) (discussing the increasing use of corporate sponsors to fund academic research and the impact of such funding in developing an academic-industrial complex).
87. See, e.g., Ronald Kotulak and Peter Gorney, Stem Cell Limits Bring New Fears, http://www.chicagotribune.com/news (Sept. 7, 2001) (describing the increasing desire of universities to engage in private funded research); Eyal Press and Jennifer Washburn, The Kept University, The Atlantic Online, http:// www.theatlantic.com/issues/2000/03/press.htm (Mar. 2000) (discussing the increasing use of corporate sponsors to fund academic research and the impact of such funding in developing an academic-industrial complex).
88. See, e.g., id. (embryonic stem cells in the U.S. are in private ownership); Tom Friend, Half of Stem Cell Money Could Go to Pay Royalties, http://www. usatoday.com/news/healthscience (Aug. 13, 2001) (private companies provide embryonic stem cells to private funded researchers own patent applications and charge for access). Accord University Widens Suit Over Stem Cells, http://www.cnn.com/2001/HEALTH/09/26/stemcell.lawsuit.ap (discussing law suit between parties over access and control of stem cells and related technology).
89. See, e.g., id. (embryonic stem cells in the U.S. are in private ownership); Tom Friend, Half of Stem Cell Money Could Go to Pay Royalties, http://www. usatoday.com/news/healthscience (Aug. 13, 2001) (private companies provide embryonic stem cells to private funded researchers own patent applications and charge for access). Accord University Widens Suit Over Stem Cells, http://www.cnn.com/2001/HEALTH/09/26/stemcell.lawsuit.ap (discussing law suit between parties over access and control of stem cells and related technology).
90. Arguably, free access to stem cell research would assure greater research potential, thereby meeting public welfare needs of obtaining medical cures based on scientific advances derived from such research. Yet simply donating such stem cell lines, without requiring some compensation whether pre-or post-research would be at direct variance with the corporate responsibility to shareholders to avoid any wasting of corporate assets.
91. See HELD, supra note 2, at 274.
92. See, e.g., KAPLAN, supra note 2 (suggesting that regional and ethnic groups are taking the place of state actors).
93. See, e.g., Anne Marie Slaughter, The Real New World Order, 76 FOREIGN AFFAIRS 184 (1997).
94. The Union itself has gone through a variety of changes in name as its powers and focus have expanded. From the "Common Market" to the "European Economic Community" to the "European Community" to the present day "European Union." For the sake of convenience, I have chosen to use the name of its most recent incarnation. This incarnation not only demonstrates the all encompassing role of the Union on the lives of the citizens of its member states, it is probably one of the most potent examples of a powerful stateless multinational organization in existence today. Moreover, the terminology "European Union" is more in keeping with the focus of this paper which is the impact of globalization on the modern world. Nothing could be more demonstrative of the pros and cons of globalization than a trade union which has become a quasi United States of Europe. For a good general information source on the history and role of the European Union in its various incarnations, see LAW OF THE EUROPEAN UNION (Robert MacLean ed., 2000).
95. Id. See also Treaty Establishing the European Economic Community, Mar. 25, 1957, 298 U.N.T.S. 11 (1958).
96. Among the complaints which the EU has filed was one against the United States, challenging the Fairness in Music Licensing Act, Pub. L. No. 105-298, 112 Stat. 2830, 105th Cong. (1998). This Act extended the scope of uncompensated compulsory licenses for the public performance of music in certain shops and restaurants. The EU claimed that such uncompensated uses violated U.S. obligations under TRIPs. The EU's complaint was ultimately successful and the U.S. has been ordered to modify its laws to eliminate the violation. See United States - Section 110(5) of the U.S. Copyright Act, WT/DS160/12 (Jan. 15, 2001).
97. Regulations in the EU create rights and responsibilities directly and uniformly applicable throughout the Union. They are incorporated automatically into the law of each member state. By contrast, Directives require the member states to create legislation in accordance with such directives within a specified time period. See generally Robert MacLean, supra note 68.
98. As of 2002, currency in most member nations of the European Union will be the "euro," a uniform currency that will take the place of national currencies like the French franc and the Italian lira.
99. The EU has issued numerous regulations governing the production, sale and labeling of diverse food and agricultural products. See, e.g., Council Regulation on the Protection of Geographic Indications and Designations of Origin for Agricultural Products and Foodstuffs, 2081/92 (July 14, 1992).
100. See, e.g., First Council Directive to Approximate the Laws of the Member States Relating to Trademarks, 89/1041/EEC (Dec. 21, 1988).
101. Id.
102. Directive on the Legal Protection of Computer Programs, 91/250/EEC (May 4, 1991).
103. Directive on the Legal Protection of Biotechnological Inventions, 98/44/EC (July 6, 1998).
104. See, e.g., Council Regulation on the Community Trademark, DC 40/94 (Dec. 20, 1993).
105. Mercosur was established on March 26, 1991, and had as its central objective the establishment of a customs union between the member states of Argentina, Brazil, Paraguay and Uruguay. In 1995, the member countries signed a protocol for the common treatment of trademarks and geographic indications, thus moving, like the European Union, into intellectual property protection issues in order to promote the free circulation of goods within a free trade zone.
106. The Association of South Eastern Nations is not a regional trade organization, but a loose association of diverse Asian countries, including Cambodia, Laos, Singapore, Thailand and Vietnam, established in 1967 for the purpose of establishing cooperation in securing the peace, stability and development of the region. ASEAN has expressly rejected any effort to create an Asian "European Union" or supranational agency. It has established dialogue partner relationships with various developed countries from around the globe, including Mexico, Canada, and the United States.
107. The Caribbean Community was established in 1973. Its members include most of the nations of the Caribbean region, including Antigua and Barbuda, the Bahamas, Dominica, Belize, Barbados, Grenada, Guyana, Haiti, Jamaica, Surinam and Trinidad and Tobago. They have established a common market and are participating in some multilateral treaty negotiations as a single entity.
108. The Gulf Cooperation Council was created in 1981 for the purpose of promoting cooperation and integration among six Arab countries: The United Arab Emirates, Bahrain, Saudi Arabia, Oman, Qatar, and Kuwait. They have begun work on developing mutual IPR principles of protection.
109. The Andean Community was created in 1969 and subsequently adopted Decision 85 which established a common regime for the treatment of trademarks and patents. Its members include Bolivia, Columbia, Venezuela, Ecuador and Peru.
110. The Common Market for Eastern and Southern Africa is composed of twenty-one African countries, extending from Egypt to Angola, Kenya, Namibia, Zimbabwe and Swaziland. It was established to create an African free trade zone and customs union. They have not established mutual IPR standards to date.
111. I recognize that this trend toward regionalism may be seen as a first step toward developing harmonized IP protection standards. It may also, however serve to impede the development of such standards by creating regional standards that are not readily translatable to multi-regional application. It is this latter danger which regionalism poses in the analogous arena of IPR harmonization.
112. Report of the Committee on Regional Agreements to the General Council of the World Trade Organization, WT/REG/8 (1999).
113. Id.
114. The Andean Community issued Decision 486 to replace Decision 344 with an effective date of December 2000. This Decision eliminates the exclusion from patentability for pharmaceutical products appearing on WHO's list of essential drugs in Article 6 of Decision 344. See Decision 486, art. 15 (containing exclusions from patentability which does not contain the previous WHO exception described below note 89).
115. Article 6(e) of Decision 344 excludes from patentability inventions relating to pharmaceutical products appearing in the List of Essential Drugs of the World Health Organization. The United States considered this provision to violate Article 70, which required member countries to provide pipeline protection for such patents. TRIPs, art. 70.
116. CARLOS M. CORREA, INTELLECTUAL PROPERTY RIGHTS, THE WTO AND DEVELOPING COUNTRIES: THE TRIPS AGREEMENT AND POLICY OPTIONS 116 (2000).
117. NAFTA was established on Dec. 17, 1992 and established a free trade zone between Mexico, Canada and the United States. The Agreement establishing NAFTA also contained extensive provisions regarding the protection of intellectual property rights. See North American Free Trade Agreement §§ 1701 et seq., available at http://www.sice.oas.org/trade/naftatce.asp.
118. They offered the following rationale for the undertaking: "Eliminating impediments to market access for goods and services among our countries will foster our economic growth. A growing world economy will also enhance our domestic prosperity. Free trade and increased economic integration are key factors for raising standards of living, improving the working conditions of people in the Americas and better protecting the environment." Miami Summit of the Americas, Declaration of Principles, http://www.flaa-alca.org/ ministerials/miami_e.asp (Dec. 1994).
119. Joint Declaration, Summit of the Americas, Second Trade Ministerial Trade Meeting, Cartagena, Columbia (Mar. 21, 1996) at http://www.flaa_alca.org/ ministerials/carta_e.asp.
120. The current draft agreement provides for a dispute settlement mechanism. It is too soon to predict the nature such mechanism may ultimately take.
121. See note 2 supra
122. FRIEDMAN, supra note 2, at 8 (discussing the rapidity of global integration as one of the key elements of present-day globalization).
123. India has devoted substantial resources to develop a burgeoning domestic computer and Internet industry while Malaysia has similarly devoted its resources to creating a high technology Super Corridor. Both of these efforts are helping to develop viable domestic technology-based industries to take advantage of the Internet and other digital technologies. See, e.g., Techindia, Why Outsource to India?, http://www.techindia.com (2001); What's the MSC, http://www.mdc.com.my (2001).
124. India has devoted substantial resources to develop a burgeoning domestic computer and Internet industry while Malaysia has similarly devoted its resources to creating a high technology Super Corridor. Both of these efforts are helping to develop viable domestic technology-based industries to take advantage of the Internet and other digital technologies. See, e.g., Techindia, Why Outsource to India?, http://www.techindia.com (2001); What's the MSC, http://www.mdc.com.my (2001).
125. See, e.g., WIPO, PRIMER ON ELECTRONIC COMMERCE AND INTELLECTUAL PROPERTY ISSUES, WIPO/OLOA/EC/Primer (May 2000) (exploring diverse international intellectual property issues raised by electronic commerce); International Finance Corporation, The Net Effect on the Nation State (1999), http://www.ifc.org/publications/pubs/impwt99/effect/w9effect.html (exploring the impact of, inter alia, electronic commerce on developing countries) (IFC is a member of the World Bank); The Geneva Ministerial Declaration on Global Electronic Commerce, WT/MIN (98)/Dec.12 (May 28, 1998)(establishing a comprehensive work program "to examine all trade-related issues concerning global electronic commerce").
126. See, e.g., WIPO, PRIMER ON ELECTRONIC COMMERCE AND INTELLECTUAL PROPERTY ISSUES, WIPO/OLOA/EC/Primer (May 2000) (exploring diverse international intellectual property issues raised by electronic commerce); International Finance Corporation, The Net Effect on the Nation State (1999), http://www.ifc.org/publications/pubs/impwt99/effect/w9effect.html (exploring the impact of, inter alia, electronic commerce on developing countries) (IFC is a member of the World Bank); The Geneva Ministerial Declaration on Global Electronic Commerce, WT/MIN (98)/Dec.12 (May 28, 1998)(establishing a comprehensive work program "to examine all trade-related issues concerning global electronic commerce").
127. See, e.g., WIPO, PRIMER ON ELECTRONIC COMMERCE AND INTELLECTUAL PROPERTY ISSUES, WIPO/OLOA/EC/Primer (May 2000) (exploring diverse international intellectual property issues raised by electronic commerce); International Finance Corporation, The Net Effect on the Nation State (1999), http://www.ifc.org/publications/pubs/impwt99/effect/w9effect.html (exploring the impact of, inter alia, electronic commerce on developing countries) (IFC is a member of the World Bank); The Geneva Ministerial Declaration on Global Electronic Commerce, WT/MIN (98)/Dec.12 (May 28, 1998)(establishing a comprehensive work program "to examine all trade-related issues concerning global electronic commerce").
128. I participated in these conferences as a speaker and can attest to the widespread interest of the participants in e-commerce and knowledge-based economies.
129. See, e.g., Techindia, Why Outsource to India? (2001), http:// www.techindia.com/pub/services/outsource.html; Donald MacIntyre, South Korea Wires Up, TIME, Jan. 22, 2001, at B10-12.
130. See, e.g., Techindia, Why Outsource to India? (2001), http:// www.techindia.com/pub/services/outsource.html; Donald MacIntyre, South Korea Wires Up, TIME, Jan. 22, 2001, at B10-12.
131. See, e.g., What's the MSC (2001), http://www.mdc.com.my.
132. International Planning and Research Corporation, 1999 GLOBAL SOFTWARE PIRACY REPORT, available at http://www.bsa.org/usa/globallib/piracy/ piracystats99.phtml.
133. Realistically, it is difficult to determine how many illegal copies of a product are sold internationally since pirates are not generally known for their recordkeeping abilities. Such piracy figures become even more difficult to ascertain when illegal distribution over the Internet is taken into consideration. Finally, the accuracy of these figures is further subject to debate since each pirated copy theoretically does not necessarily represent a lost sale where significant price differentials exist between pirated and legitimate copies. Even if the precise scope of the problem may not be subject to accurate measurement, no one seriously disputes the global problem posed by such piracy.
134. Speech by Mike Kelly, Sept. 19, 2000 at the Symposium for Asia Pacific Countries on the Protection of Intellectual Property in a Knowledge Based Economy, co-sponsored by WIPO and the U.S. Patent and Trademark Office in Chiang Rai, Thailand.
135. Id.
136. Speech by Robert Krueger, Sept. 11, 2000, at the Symposium of the Americas: Protecting Intellectual Property in the Global Digital Age, sponsored by the U.S. Patent and Trademark Office, Washington, D.C.
137. BARBER, supra note 2.
138. The term "Coca-colonization" appears in ULF HANNERZ, CULTURAL COMPLEXITY: STUDIES IN THE SOCIAL ORGANIZATION OF MEANING 217 (1992). "Coca-colonization" generally refers to the global homogenization which arises from the replacement of local products with mass produced goods, which usually originate in the industrialized countries of the West.
139. See David Howes, Introduction: Commodities and Cultural Borders, in CROSS-CULTURAL CONSUMPTION: GLOBAL MARKETS, LOCAL REALITIES 3 (David Howes ed., 1996).
140. LAWRENCE GROSSBERG, WE GOTTA GET OUT OF THIS PLACE: POPULAR CONSERVATISM AND POST MODERN CULTURE (1992). Neo-fordism refers to new mass production technologies and is a reference to the production line techniques first perfected by Henry Ford.
141. FRIEDMAN, supra note 2.
142. The degree of such "homogenization" is subject to intense debate. As noted below, whether such homogenization in fact occurs is less significant than the fact that it is perceived to be occurring. Such perception gives rise to concerns to protect local culture against its diminution in the face of this foreign onslaught, and give rise, inter alia, to the demand for cultural industries exceptions represented by Article 2005 of the Canadian Free Trade Agreement (providing exceptions from free trade requirements for designated "cultural industries").
143. BARBER, supra note 2, at 17.
144. FRIEDMAN, supra note 2, at 27.
145. Id. at 27.
146. Id. at 35.
147. See, e.g., id. at 236 (discussing the role of "globalization" which he defines as "the ability of a culture, when it encounters other strong cultures, to absorb influences that naturally fit into and can enrich that culture."); CELIA LURY, CONSUMER CULTURE (1996) (discussing the impact of material culture on diverse countries, including the use of famous brands as agents of "civilization"); CROSS CULTURAL CONSUMPTION: GLOBAL MARKETS, LOCAL REALITIES (David Hawes ed., 1996) (containing diverse articles discussing the localization of consumer culture and its impact on local cultures).
148. See, e.g., id. at 236 (discussing the role of "globalization" which he defines as "the ability of a culture, when it encounters other strong cultures, to absorb influences that naturally fit into and can enrich that culture."); CELIA LURY, CONSUMER CULTURE (1996) (discussing the impact of material culture on diverse countries, including the use of famous brands as agents of "civilization"); CROSS CULTURAL CONSUMPTION: GLOBAL MARKETS, LOCAL REALITIES (David Hawes ed., 1996) (containing diverse articles discussing the localization of consumer culture and its impact on local cultures).
149. HUNTINGTON, supra note 2, at 91.
150. Id. at 124.
151. See also KAPLAN, supra note 2.
152. HUNTINGTON, supra note 2, at 131-35.
153. Id. at 97.
154. KAPLAN, supra note 2, at 27.
155. Id. at 113.
156. BARBER, supra note 2.
157. KAPLAN, supra note 2.
158. I have chosen to use the term "traditional knowledge" in its broader context as including all "tradition-based" works, innovations and cultural expressions. In accordance with the definition which has been adopted by WIPO in its Draft Report on Traditional Knowledge, to qualify as "tradition based" the work or innovation must have been generally "transmitted from generation to generation"; must generally be "regarded as pertaining to a particular people or its territory," must have generally been developed in a "non-systematic way" and be "constantly evolving in response to a changing environment." Report at 5 available at http://www.wipo.int/globalissues/tk/ report/interim/contents.html. This term includes "folklore" as well as other expressions of cultural heritage.
159. It should be noted that the debate over the scope of protection to be afforded such works is not limited to the question of their protection under intellectual property doctrines. To the contrary, the question of such protection has been raised as an issue of human rights and the value of various sui generis regimes, outside the scope of IPR has been hotly debated.
160. The term "non-traditional" is used to distinguish those works of identifiable authorship or technological novelty that have generally been protected under copyright and patent laws, respectively, from those works of folklore and folk medicine that do not readily fit within the parameters of these doctrines, at least as practiced by Western countries. It is not intended to serve as a value judgment on such works and inventions.
161. Admittedly, the debate over the protection of indigenous creation and innovation is broader than the question of whether such rights are protectable under intellectual property regimes. In her Study on the Protection of the Cultural and Intellectual Property Rights of Indigenous Peoples, E/CN4/ Sub.2/1993/July 1993, UN Special Raporteur, Erica Irene Daes objected to any attempt to "try to subdivide the heritage of indigenous peoples into separate legal categories such as 'cultural' 'artistic' or 'intellectual.'" She believes "all elements of heritage should be managed and protected as an integrated whole." An exploration of these and related issues is beyond the scope of this Article.
162. Universal Copyright Convention, July 24, 1971, 25 U.S.T. 1341.
163. Tunis Model Law § 6, reprinted in DORIS ESTELLE LONG & ANTHONY D'AMATO, 2000 DOCUMENTS SUPPLEMENT TO A COURSEBOOK IN INTERNATIONAL INTELLECTUAL PROPERTY (2000).
164. Id. § 4.
165. Id. § 5. These moral rights include the rights of integrity and patrimony.
166. Id. § 6.
167. Id. § 18.
168. UNESCO-WIPO, Model Provisions for National Laws on the Protection of Folklore Against Illicit Exploitation and Other Prejudicial Actions § 2 (1985), available at http://www.wipo.int/globalissues/tk/pdf/1982-folklore-model-provisions.pdf at Article 2. [hereinafter Model Provisions].
169. Id. § 3.
170. See generally Dr. Michaly Ficsor, Attempts to Provide International Protection for Folklore by Intellectual Property Rights, in UNESCO-WIPO WORLD FORUM ON THE PROTECTION OF FOLKLORE (1997) (discussing diverse national law treatment of folklore under copyright regimes).
171. http://www.indecopi.gob.pe. See also FFM to South America, in INTELLECTUAL PROPERTY NEEDS AND EXPECTATION OF TRADITIONAL KNOWLEDGE HOLDERS, WIPO REPORT ON FACT-FINDING MISSIONS ON INTELLECTUAL PROPERTY AND TRADITIONAL KNOWLEDGE (1998-1999) (WIPO 2001) [hereinafter WIPO REPORT].
172. See Cobus Coetzee & Elton Jefhas, Exploitation of Indigenous Plant Genetic Resources - Illicit or Legal? A South African Perspective, http:// www.aaic.org/98progrm2.html.
173. FEM to South America, in WIPO REPORT, supra note 139.
174. FEM to the South Pacific, in WIPO Report supra note 139.
175. Id.
176. See generally WIPO Report supra note 139.
177. WIPO Budget Main Program (1999), http://www.wipo.int. See also WIPO REPORT, supra note 139, at 16.
178. WIPO Budget Main Program (1999), http://www.wipo.int. See also WIPO REPORT, supra note 139, at 16.
179. See WIPO REPORT, supra note 139. The Draft and Final Reports can be found at http://www.wipo.int/globalissues/tk/report/index.html.
180. Diverse Conversations with Vicki Allums, Legal Advisor, Office of Legislative and International Affairs, U.S. Patent and Trademark Office.
181. See, e.g., RACE IN CYBERSPACE (Beth Kolko et al. eds., 2000). See also NTIA Study: Falling Through the Net, http://www.ntia.doc.gov/ntiahome/ digitaldivide.
182. See, e.g., RACE IN CYBERSPACE (Beth Kolko et al. eds., 2000). See also NTIA Study: Falling Through the Net, http://www.ntia.doc.gov/ntiahome/ digitaldivide.
183. Steve Kettman, German Hate Law: No Denying It, WIRED NEWS ONLINE, Dec.15, 2000.
184. Manu Joseph, Porn a Thorn for Indian Portal, WIRED NEWS ONLINE, Dec. 4, 2000.
185. See note 37 supra.
186. Although Diplomatic Conferences of Revision for the Paris Convention were held in 1980, 1981, 1982 and 1984, no significant revision was agreed upon. Thus, it appears that the last date of significant alteration in standards under either the Berne or Paris Conventions before TRIPs was the modification of the Berne Convention in 1971.
187. See note 74 supra.
188. See note 76 supra.
189. Directive on Rental Right and Lending Right and on Certain Rights Related to Copyright in the Field of Intellectual Property, 92/100/EEC (Nov. 19, 1992).
190. Directive on the Legal Protection of Databases, 96/9/EC (Mar. 11, 1996).
191. See note 78 supra. Currently, the EU is studying such diverse topics as work for hire, e-commerce and civil enforcement norms for IPR.
192. See note 78 supra.
193. See Copyright Term Extension Act of 1996, S. REP. NO. 104-315 (1996).
194. European Communities Directive on the Legal Protection of Databases, supra note 156 at Article 7.
195. H.R. 2652, 105th Cong. (1977) (introduced by Representative Howard Coble). It should be noted that the United States has also had an impact on developments in the European Union. Thus, for example, the grant of patents for computer software and for business methods has increased in the European Union in part in response to the broad scope of protection afforded such inventions under U.S. patent law. Admittedly, such cross pollenization is caused largely by concerns over the economic impact that heightened protection may cause with regard to the exploitation value of such inventions.
196. TRIPs, arts. 41-61 (establishing minimum enforcement standards for civil, border and criminal enforcement measures for the protection of intellectual property rights).
197. TRIPs, art. 41.
198. See FRIEDMAN, supra note 2, at iv; HUNTINGTON, supra note 2, at 13. Although Huntington's "Clash of Civilizations" is more directly related to developing a predictive system of international relations at the geo-political level and he himself describes globalization theory as a theory of "sociology," HUNTINGTON, supra at 67, his world view includes an analysis of future economic development at the global level and must at that level be considered a different "view" of economic globalization. Moreover, Huntington himself admits that "globalization theory produces a similar conclusion (regarding the role of identity in cultural clashes): 'in an increasingly globalized world - characterized by historically exceptional degrees of civilizational, societal and other modes of interdependence and widespread consciousness thereof - there is an exacerbation of civilizational, societal and ethnic self-consciousness.'" Id. at 68 (citation for source of quotes missing in the original).
199. WIPO Copyright Treaty, Dec. 20, 1996, 36 I.L.M. 65 [hereinafter "WCT"].
200. WIPO Performances and Phonograms Treaty, Dec. 20, 1996, 36 I.L.M. 76 [hereinafter "WPPT"].
201. Article 9 of the Berne Convention had previously only addressed fair use in terms of the right of reproduction.
202. WCT, art. 14; WPPT, art. 23.
203. Trademark Law Treaty, Oct. 27, 1994, available at http://www.wipo.int/treaties/ ip/trademark-law/treaty.htm.
204. Patent Law Treaty, June 1, 2000, http://www.wipo.int/treaties/ip/plt/treaty.htm.
205. See generally AV Diplomatic Conference Materials, available at http:// www.wipo.int (IAVP/DC).
206. Joint Recommendations Concerning Provisions on the Protection of Well-Known Marks, http://www.wipo.int/sct (adopted by the General Assemblies in Sept. 1999).
207. Joint Recommendations Concerning Trademark Licenses, http://www.wipo.int/ sct (adopted by the General Assemblies in Sept. 2000).
208. Draft Provisions Covering the Protection of Industrial Property Rights in Relationship to the Use of Signs on the Internet, SCT/5/2 (Sept. 2000).
209. The Asia Pacific Economic Cooperation is composed of diverse member countries from the Asia-Pacific region as well as other developed and developing countries, including the United states, Russia, Mexico and Canada.
210. The United Nations Economic Commission for Europe is a regional commission of the United Nations which has increasingly focused on IPR protection issues, among others.
211. The Organ for Economic and Development is an organ of the United Nations which has addressed diverse trade issues, including, IPR protection.
212. These two treaties are the Draft Cybercrime Convention, http://www.conventions.coe.int/treaty/en/treaties/word/185.doc, and the Draft Convention on Jurisdiction and Foreign Judgments in Civil and Commercial Matters, http://www.hcch.net/doc/jdgm2001draft_e.doc, respectively. The Draft Cybercrime Convention was signed by the members in June 2001. See Council of Europe Signs Draft Cybercrime Treaty (June 22, 2001), http://www.thestandard.com.
213. These two treaties are the Draft Cybercrime Convention, http://www.conventions.coe.int/treaty/en/treaties/word/185.doc, and the Draft Convention on Jurisdiction and Foreign Judgments in Civil and Commercial Matters, http://www.hcch.net/doc/jdgm2001draft_e.doc, respectively. The Draft Cybercrime Convention was signed by the members in June 2001. See Council of Europe Signs Draft Cybercrime Treaty (June 22, 2001), http:// www.thestandard.com.
214. These two treaties are the Draft Cybercrime Convention, http://www.conventions.coe.int/treaty/en/treaties/word/185.doc, and the Draft Convention on Jurisdiction and Foreign Judgments in Civil and Commercial Matters, http:// www.hcch.net/doc/jdgm2001draft_e.doc, respectively. The Draft Cybercrime Convention was signed by the members in June 2001. See Council of Europe Signs Draft Cybercrime Treaty (June 22, 2001), http://www.thestandard.com.
215. See generally http://www.ustr.gov/regions/asia-pacific/regional.shtml (notice and report regarding Singapore Free Trade Agreement); 66 Fed. Reg. 87 (May 4, 2001) (notice regarding US-Chile Free Trade Agreement).
216. TRIPs, art. 41; WCT, art. 14; WPPT, art. 23.
217. See TRIPs, arts. 41-61 (discussed supra note 162).
218. 182 TRIPs, art. 27 (requiring protection of patentable inventions "in all fields of technology").
219. India: Patent Protection for Pharmaceutical and Agricultural Chemical Products, WT/DS50/R at http://www.wto.org.
220. Canada: Patent Protection Term, WT/DS 107/1, available at http:// www.wto.org.
221. Overview of the State of Play of WTO Disputes, WT/DSB/26/Add.1 at http:// www.wto.org. (Jan. 15, 2001).
222. According to the most recent Section 301 report filed by the International Intellectual Property Alliance, piracy losses for the video, sound recording and software industries totaled between $20 to $22 billion dollars last year. See Section 301 Report, http://www.iipa.com/Special301_TOCs/ 2001_SPEC301_TOC.html (2000).
223. Section 301 Report (2000), http://www.ustr.gov/enforcement/special.pdf.
224. See, e.g., 15 U.S.C. § 1125(c) (2000) (providing protection of "famous and distinctive" marks against unauthorized uses that dilute the distinctive quality of the mark).
225. See, e.g., id. § 1125(d) (prohibiting the unauthorized registration and trafficking in domain names that infringe or dilute a distinctive mark "with a bad faith intent to profit" from such activities).
226. Trademark Harmonization Directive, supra note 74, at Article 5.
227. See, e.g., Wagamama v. City Centre Rests., PLC, [1995] F.S.R. 713 (Ch. Div.).
228. Aspirin is considered generic in the United States, but is protectable in Canada and Spain.
229. See, e.g., Improver Corp. v. Remington Consumer Prods., Ltd., [1990] F.S.R. 181 (Ch. Div. 1989).
230. See, e.g., CORREA, supra note 90, at 19.
231. TRIPs, art. 31 (establishing detailed procedures and limitations on the compulsory licensing of patented inventions).
232. Id.
233. TRIPs, art. 8.
234. 17 U.S.C. § 106A (2000).
235. See generally ANTHONY D'AMATO & DORIS ESTELLE LONG, INTERNATIONAL INTELLECTUAL PROPERTY ANTHOLOGY, Chapter 6 (1996) (containing diverse articles discussing the philosophic differences between Continental and U.S. treatment of moral rights). See also Raymond Sarraute, Current Theory on the Moral Right of Authors and Artists Under French Law, 16 AM. J. COMP. L. 465 (1968) (describing French law and philosophy behind moral rights protection).
236. See generally ANTHONY D'AMATO & DORIS ESTELLE LONG, INTERNATIONAL INTELLECTUAL PROPERTY ANTHOLOGY, Chapter 6 (1996) (containing diverse articles discussing the philosophic differences between Continental and U.S. treatment of moral rights). See also Raymond Sarraute, Current Theory on the Moral Right of Authors and Artists Under French Law, 16 AM. J. COMP. L. 465 (1968) (describing French law and philosophy behind moral rights protection).
237. See generally D'AMATO & LONG, supra note 199.
238. Id.
239. Berne Convention, art. 6bis.
240. Id.
241. Id.
242. Jeffrey M. Dine, Authors' Moral Rights in Non-European Nations: International Agreements, Economics, Mannu Bhandari and the Dead Sea Scrolls, 16 MICH. J. INT'L L. 545 (1985) (discussing the Berne Convention Implementation Act and U.S. resistance to Article 6bis).
243. TRIPs, art. 9.
244. WPPT, art. 5.
245. See HUNTINGTON, supra note 2, at 57.
246. Id.
247. See generally Doris Estelle Long, First Let's Kill All the Intellectual Property Lawyers: Musings on the Decline and Fall of the Intellectual Property Empire, 34 JOHN MARSHALL L. REV. 851 (2001) (discussing economic evidence regarding the impact of intellectual property rights protection on developing and developed countries). See also KEITH E. MASKUS, INTELLECTUAL PROPERTY RIGHTS IN THE GLOBAL ECONOMY (2000); Robert Sherwood, Why A Uniform Intellectual Property System Makes Sense for the World, in GLOBAL DIMENSIONS IN INTELLECTUAL PROPERTY RIGHTS IN SCIENCE AND TECHNOLOGY (1993); SHAHID ALIKHAN, SOCIO-ECONOMIC BENEFITS OF INTELLECTUAL PROPERTY PROTECTION IN DEVELOPING COUNTRIES (2000); HISMITSU ARAI, INTELLECTUAL PROPERTY POLICIES FOR THE TWENTY-FIRST CENTURY: THE JAPANESE EXPERIENCE IN WEALTH CREATION (1999).
248. See generally Doris Estelle Long, First Let's Kill All the Intellectual Property Lawyers: Musings on the Decline and Fall of the Intellectual Property Empire, 34 JOHN MARSHALL L. REV. 851 (2001) (discussing economic evidence regarding the impact of intellectual property rights protection on developing and developed countries). See also KEITH E. MASKUS, INTELLECTUAL PROPERTY RIGHTS IN THE GLOBAL ECONOMY (2000); Robert Sherwood, Why A Uniform Intellectual Property System Makes Sense for the World, in GLOBAL DIMENSIONS IN INTELLECTUAL PROPERTY RIGHTS IN SCIENCE AND TECHNOLOGY (1993); SHAHID ALIKHAN, SOCIO-ECONOMIC BENEFITS OF INTELLECTUAL PROPERTY PROTECTION IN DEVELOPING COUNTRIES (2000); HISMITSU ARAI, INTELLECTUAL PROPERTY POLICIES FOR THE TWENTY-FIRST CENTURY: THE JAPANESE EXPERIENCE IN WEALTH CREATION (1999).
249. See generally Doris Estelle Long, First Let's Kill All the Intellectual Property Lawyers: Musings on the Decline and Fall of the Intellectual Property Empire, 34 JOHN MARSHALL L. REV. 851 (2001) (discussing economic evidence regarding the impact of intellectual property rights protection on developing and developed countries). See also KEITH E. MASKUS, INTELLECTUAL PROPERTY RIGHTS IN THE GLOBAL ECONOMY (2000); Robert Sherwood, Why A Uniform Intellectual Property System Makes Sense for the World, in GLOBAL DIMENSIONS IN INTELLECTUAL PROPERTY RIGHTS IN SCIENCE AND TECHNOLOGY (1993); SHAHID ALIKHAN, SOCIO-ECONOMIC BENEFITS OF INTELLECTUAL PROPERTY PROTECTION IN DEVELOPING COUNTRIES (2000); HISMITSU ARAI, INTELLECTUAL PROPERTY POLICIES FOR THE TWENTY-FIRST CENTURY: THE JAPANESE EXPERIENCE IN WEALTH CREATION (1999).
250. See generally Doris Estelle Long, First Let's Kill All the Intellectual Property Lawyers: Musings on the Decline and Fall of the Intellectual Property Empire, 34 JOHN MARSHALL L. REV. 851 (2001) (discussing economic evidence regarding the impact of intellectual property rights protection on developing and developed countries). See also KEITH E. MASKUS, INTELLECTUAL PROPERTY RIGHTS IN THE GLOBAL ECONOMY (2000); Robert Sherwood, Why A Uniform Intellectual Property System Makes Sense for the World, in GLOBAL DIMENSIONS IN INTELLECTUAL PROPERTY RIGHTS IN SCIENCE AND TECHNOLOGY (1993); SHAHID ALIKHAN, SOCIO-ECONOMIC BENEFITS OF INTELLECTUAL PROPERTY PROTECTION IN DEVELOPING COUNTRIES (2000); HISMITSU ARAI, INTELLECTUAL PROPERTY POLICIES FOR THE TWENTY-FIRST CENTURY: THE JAPANESE EXPERIENCE IN WEALTH CREATION (1999).
251. See generally Doris Estelle Long, First Let's Kill All the Intellectual Property Lawyers: Musings on the Decline and Fall of the Intellectual Property Empire, 34 JOHN MARSHALL L. REV. 851 (2001) (discussing economic evidence regarding the impact of intellectual property rights protection on developing and developed countries). See also KEITH E. MASKUS, INTELLECTUAL PROPERTY RIGHTS IN THE GLOBAL ECONOMY (2000); Robert Sherwood, Why A Uniform Intellectual Property System Makes Sense for the World, in GLOBAL DIMENSIONS IN INTELLECTUAL PROPERTY RIGHTS IN SCIENCE AND TECHNOLOGY (1993); SHAHID ALIKHAN, SOCIO-ECONOMIC BENEFITS OF INTELLECTUAL PROPERTY PROTECTION IN DEVELOPING COUNTRIES (2000); HISMITSU ARAI, INTELLECTUAL PROPERTY POLICIES FOR THE TWENTY-FIRST CENTURY: THE JAPANESE EXPERIENCE IN WEALTH CREATION (1999).
252. The example of the results of the dispute between Thailand and the United States in 1991 over patent protection for pharmaceuticals and the political instability that resulted serves as a strong cautionary tale. See Ted L. McDorman, US-Thailand Trade Disputes: Applying Section 301 to Cigarettes and Intellectual Property, 14 MICH. J. INT'L L. 90 (1992) (discussing the political instability that arose from trade negotiations in the early 1990s as a result of Thai compliance with U.S. demands for heightened IPR protection).