Digital Commons Network^™

Plain Packaging And The Interpretation Of The Trips Agreement, Daniel J. Gervais, Susy Frankel

Daniel J Gervais

Plain packaging of cigarettes as a way of reducing tobacco consumption and its related health costs and effects raises a number of international trade law issues. The plain packaging measures adopted in Australia impose strict format requirements on word trademarks (such as Marlboro or Camel) and ban the use of figurative marks (colors, logos, etc.). As a result, questions have been raised as to plain packaging’s compatibility with the World Trade Organization’s (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). WTO members can validly take measures to protect and promote public health, but in doing so they …

The Tbt Agreement And Tobacco Control Regulations, Lukasz A. Gruszczynski

Lukasz A Gruszczynski

The article analyses reports issued by the panel and the Appellate Body in the US – Measures Affecting the Productions and Sale of Clove Cigarettes dispute and attempts to assess their broader consequences for national tobacco control policies. Both reports are particularly important because they clarify the limits existing under WTO law, in particular the TBT Agreement, in this policy space. In this context, the article investigates whether the WTO dispute settlement bodies interpreted relevant rules of the TBT Agreement in a manner that provides countries with sufficient regulatory autonomy while ensuring at the same time that their technical measures …

Integrating African Markets Into The Global Exchange Of Services: A Central African Perspective, Regis Y. Simo

Regis Y. Simo

Services liberalisation has gradually become very important for growth in developed and less-developed countries alike and can, as such, be seen as development prospects for sub-Saharan Africa where numerous economic integration attempts are stories of repeated failures. Despite the abundant literature on PTAs, however, little attention has been given to Central Africa Economic and Monetary Community (CEMAC) as a trade bloc. This is an attempt to address that dearth

At a time when “boosting intra-African trade” is gaining currency on the continent, this article tests the compatibility of the potential CEMAC economic integration agreement (EIA) against the background of the …

Are The Outward Processing Provisions In The South Korean Free Trade Agreements Consistent With The Law Of The World Trade Organization?, Pierce Lee Mr.

Pierce Lee Mr.

In recent years, the Republic of Korea (South Korea) has entered into many free trade agreements (FTAs) containing so-called outward processing provisions (OP provisions) that extend the benefit of duty-free trade to the products manufactured or processed in the Kaesong Industrial Complex (KIC). The KIC is an outward processing zone (OPZ) in the People’s Democratic Republic of Korea (North Korea) where South Korean companies are allowed to establish manufacturing plants and employ North Korean labor. Outward processing (OP) refers to temporary exportation of goods for additional processing. As “temporary” indicates, the finished goods are always imported back toSouth Koreafor domestic …

A Failure To Consider: Why Lawmakers Create Risk By Ignoring Trade Obligations, David R. Kocan Professor

David R. Kocan Professor

The U.S. Congress frequently passes laws facially unrelated to trade that significantly impact U.S. trade relations. These impacts are often harmful, significant, and long-lasting. Despite this fact, these bills rarely receive adequate consideration of how they will impact trade. Without this consideration, Congress cannot properly conduct a cost-benefit analysis necessary to pass effective laws. To remedy this problem, the U.S. Trade Representative should evaluate U.S. domestic law to determine whether it is consistent with international trade obligations. Moreover, the U.S. Congress committee structure should be amended so that laws that might impact trade are considered within that light. In the …

The Reality Of Business And Governmental Decision-Making In The Context Of Sustainable Development, David Barnhizer

David Barnhizer

It is absolutely rational for economic actors and decision-makers to seek to operate in their own self-interest. The challenge for anyone who wishes to influence or alter the process lies in knowing where that self-interest lies and changing the nature of the self-interest if that is required or possible. That is a far greater challenge than many understand because regardless of what we might like to do in our personal lives, it is the institution within which we work that dictates how we think and what we value in our service to that institution. Given the short time frame within …

New “Architecture” And Revitalizing The Un Global Compact, David Barnhizer

David Barnhizer

Some advocates of sustainable development possess an almost theological faith in what I refer to as “rhetorical” sustainable development as the path to providing for the sound future of human civilizations and critical ecological systems. Simply put, if we try to think “too big” and “bite off too much” then the system we are trying to control or influence consumes us and our resources and we fail miserably. There is real and predictable danger in grandeur. This means we need to think about achieving sustainability in very specific and concrete terms applied to clear goals and an honest understanding of …

Regional Trade Agreements And The Poverty Agenda, Chin Leng Lim

Chin Leng Lim

Regional trade agreements (RTAs) comprise customs unions and free trade agreements (FTAs). The difference lies in the absence of a common customs border in the case of customs unions. Thus, countries A and B, which are FTA partners, will nonetheless impose different duties on third-country imports, while at the same time granting preferential treatment to each other. A major criticism is that all RTAs, customs unions and FTAs alike, discriminate against non-parties. In contrast, most favoured nation (MFN) treatment operates in the multilateral system to extend concessions made by any member of the World Trade Organization (WTO) to any other …

The Revised Handbook About The Gats General Agreement On Trade In Services For International Bar Association Member Bars, Laurel S. Terry

Laurel S. Terry

Oportunidades Para Las Empresas Dentro De La Omc, Rodolfo C. Rivas Rea Esq.

Rodolfo C. Rivas

The author provides a brief overview of the World Trade Organization (WTO), the International Monetary Fund (IMF) and the World Bank (WB) by explaining the context of their interrelationship. Afterwards, the author delves into a brief analysis of Mexico’s role in the International Trade arena and concludes by describing the paths through which the private sector can benefit from the WTO.///////////////////////////////////////////////////////////////////////////////////////El autor pone en contexto la interrelación entre la Organización Mundial del Comercio (OMC) el Banco Mundial (BM) y el Fondo Monetario Internacional (FMI). Posteriormente, el autor describe brevemente el rol de México dentro de las instituciones de Comercio Internacional …

The Reach Regulation And The Tbt Agreement: The Role Of The Tbt Committee In Regulatory Processes, Lukasz A. Gruszczynski

Lukasz A Gruszczynski

Standard Of Review Of Health And Environmental Regulations By Wto Panels, Lukasz A. Gruszczynski

Lukasz A Gruszczynski