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International Trade Law

2013

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Articles 241 - 249 of 249

Full-Text Articles in Law

Regional Trade Agreements And The Poverty Agenda, Chin Leng Lim Dec 2012

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 …


Private Rights For The Public Good?, J. Janewa Osei Tutu Dec 2012

Private Rights For The Public Good?, J. Janewa Osei Tutu

J. Janewa Osei-Tutu

The counterfeit medicines discussion is an example of how the use of a turbid rationale for greater intellectual property protections serves sophisticated private interests while potentially harming the public interest. The risk of harm created by counterfeit medicines provides a compelling counter-narrative to the access to medicines critique of intellectual property rights. Intellectual property advocates and the pharmaceutical industry have portrayed poor global enforcement of intellectual property rights as contributing to the proliferation of dangerous counterfeit medications. Yet, the deliberate linkage in the literature between weak intellectual property rights and the harms caused by counterfeit medicines provides a justification for …


Derecho Comunitario Y Ius Commune Americano, Juan Pablo Pampillo Baliño Dec 2012

Derecho Comunitario Y Ius Commune Americano, Juan Pablo Pampillo Baliño

Dr. Juan Pablo Pampillo Baliño

No abstract provided.


The Revised Handbook About The Gats General Agreement On Trade In Services For International Bar Association Member Bars, Laurel S. Terry Dec 2012

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

Laurel S. Terry

The Revised GATS Handbook updates the Handbook that was published ten years ago by the International Bar Association (IBA). The goal of the revised Handbook is to enable IBA Member Bars to understand their jurisdiction’s current GATS obligations and to enable them to meaningfully engage with each other and with their government representatives regarding the current GATS negotiations that are taking place under the auspices of the World Trade Organization. The IBA’s Revised GATS Handbook reviews the substantive provisions of the GATS; explains how these GATS substantive provisions apply in the context of legal services; sets forth some of the …


Reflections On U.S. Policies Regarding 'Effective Regulation And Discipline' And Foreign Lawyer Mobility: Has The Time Come To Talk About The Elephant In The Room?, Laurel S. Terry Dec 2012

Reflections On U.S. Policies Regarding 'Effective Regulation And Discipline' And Foreign Lawyer Mobility: Has The Time Come To Talk About The Elephant In The Room?, Laurel S. Terry

Laurel S. Terry

The ABA has adopted four model policies that address, in one way or another, the issue of foreign lawyer mobility. These policies are the ABA Model Foreign Legal Consultant Rule, which is commonly known as the FLC rule, the ABA Model Rule for Temporary Practice by Foreign Lawyers, which is commonly known as the FIFO rule, ABA Model Rule of Professional Conduct 5.5, which permits foreign lawyers to serve as in-house counsel, and the ABA Model Rule on Pro Hac Vice Admission. All four of the ABA’s foreign lawyer mobility recommendations include a requirement that the mobile foreign lawyer is …


Oportunidades Para Las Empresas Dentro De La Omc, Rodolfo C. Rivas Rea Esq. Dec 2012

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 …


Los Estados Miembros De La Ue Como Gestores De Los Controles Oficiales Relativos A La Seguridad De Los Alimentos, La Salud Y El Bienestar De Los Animales Y La Fitosanidad, Luis González Vaqué Dec 2012

Los Estados Miembros De La Ue Como Gestores De Los Controles Oficiales Relativos A La Seguridad De Los Alimentos, La Salud Y El Bienestar De Los Animales Y La Fitosanidad, Luis González Vaqué

Luis González Vaqué

Article 44 (4) and (6) of Regulation (EC) No. 882/2004 requires the Commission to establish, and submit to the European Parliament and Council, an annual report on the overall operation of controls in the Member States in the light of: (a) the annual reports submitted by the national authorities on their control activities; (b) Commission controls carried out in the Member States; and (c) any other relevant information. The Report on the overall operation of official controls in the Member States on food safety, animal health and animal welfare, and plant health [COM(2013)681] is the third such report submitted by …


The Reach Regulation And The Tbt Agreement: The Role Of The Tbt Committee In Regulatory Processes, Lukasz A. Gruszczynski Dec 2012

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

Lukasz A Gruszczynski

The REACH Regulation is one of the most complex regulatory frameworks ever designed by the EU. The Regulation intends to comprehensively address, for the first time in history, the health and environmental risks posed by chemicals. It imposes certain registration, evaluation and authorization requirements for both imported and domestically produced chemical substances. On international level, the Regulation has been met with strong criticism coming from many of the EU’s trading partners. Although countries in general have acknowledged the legitimacy of the objectives sought by the EU, they have expressed numerous concerns regarding the necessity and proportionality of the new system. …


Standard Of Review Of Health And Environmental Regulations By Wto Panels, Lukasz A. Gruszczynski Dec 2012

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

Lukasz A Gruszczynski

This chapter assesses the applicable standard of review in sanitary and phytosanitary (SPS) disputes with complex factual issues. In particular, the chapter analyzes how the new deferential standard, set out by the Appellate Body (AB) in US/Canada - Continued Suspension of Obligations in the EC – Hormones Dispute, is actually applied in practice (determining reasonableness of risk assessment, not its correctness). To this end, the AB report in Australia – Measures Affecting the Importation of Apples from New Zealand is scrutinized. The conclusion is reached that although the applicable standard of review under the SPS Agreement (particularly under Articles 2.2 …