Tendency of Treaty Interpretation from the Perspective of WTO Appellate Body’s Ruling on the “China-US Publication Market Access Case”

2020 ◽  
pp. 443-451
Author(s):  
Lingliang Zeng
Keyword(s):  
Market Access ◽  
Treaty Interpretation ◽  
Publication Market

Market access, teff production, and fertilizer use over time

2018 ◽  
Author(s):  
International Food Policy Research Institute (IFPRI)
Keyword(s):  
Market Access ◽  
Fertilizer Use ◽  
Over Time

THE POVERTY REDUCTION SOLUTIONS FOR ETHNIC MINORITIES IN THE NORTH EASTERN BORDER AREA USING THE MARKET ACCESS

2018 ◽  
Author(s):  
Phi Hung Cuong ◽  
Vu Van Anh
Keyword(s):  
Ethnic Minorities ◽  
Poverty Reduction ◽  
Market Access ◽  
Poverty Rate ◽  
Living Standards ◽  
Mountainous Areas ◽  
Important Indicator ◽  
The North ◽  
North Eastern ◽  
Eastern Border

Income is an important indicator for assessing the level of economy development as well as identifying and assessing living standards. The population in Northeast border is poor, facilities are outdated, people’s life is difficult, but it hold great potentials for economic development. However, the region’s biggest challenge today is low living standards and high poverty rate. Differences in income and living standards across regions and strata tend to increase the gap. The sustainability of the trend of income increase and improvement of living standards of the population is not stable. As a result, the development of mountainous areas is dependent on poverty reduction solutions for ethnic minorities through the increase of incomes and improvement of market connectivity for ethnic minorities in mountainous areas.

From Market Access to Cumulative Innovation

2017 ◽  
Author(s):  
Adrian Kuenzler
Keyword(s):  
Intellectual Property ◽  
Market Access ◽  
Step Test ◽  
Property Law ◽  
Intellectual Property Law ◽  
Rights Protection ◽  
Intellectual Property Rights Protection ◽  
Property Rights Protection ◽  
Production Output

This chapter argues for a reinvigorated role of the market access doctrine and references a number of important antitrust and intellectual property law decisions in which courts have given priority to market access. It finds a novel function for market access to play within antitrust and intellectual property law liability: courts that grant plaintiffs access to a defendant’s production output should refer to a three-step test under which they inquire (1) whether the inventor, through first-mover advantages, has reaped a sufficient reward such that contractual or intellectual property rights protection would no longer be required to facilitate innovation, (2) whether competitors were able to challenge the proprietary platform’s position in the market without the possibility of granting access, and (3) whether competitors seeking to benefit from market access will make use of it to facilitate the introduction of new goods rather than merely to copy the initial invention.

An Asymmetric Comparative International Law Approach to Treaty Interpretation

2018 ◽  
Author(s):  
Alec Knight
Keyword(s):  
International Law ◽  
Margin Of Appreciation ◽  
Treaty Interpretation

This chapter illustrates an asymmetric comparative international law approach to treaty interpretation through the example of the CEDAW Committee’s greater willingness to go beyond a margin of appreciation to tolerate progressive deviations rather than regressive deviations in the interpretation of CEDAW’s provisions. Section I examines the interactions between the CEDAW Committee and states parties. Section II discusses how the Committee’s asymmetric approach to treaty interpretation fits within a comparative international law project. Section III provides an introduction to the CEDAW Committee. Section IV illustrates the CEDAW Committee’s inflexible treatment of Muslim states parties’ reservations to the Convention, which constitute regressive deviations. Section V analyzes the Committee’s permissive treatment of the Scandinavian approach to CEDAW. Section VI explores how the asymmetric approach allows states to develop interpretations of treaties. Section VII concludes and describes potential future avenues of research into the asymmetric comparative international law approach to treaty interpretation.

Parties to Non-International Armed Conflicts under International Treaty Law

2018 ◽  
Author(s):  
Tilman Rodenhäuser
Keyword(s):  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Treaty ◽  
Armed Group ◽  
Applicable Law ◽  
Additional Protocol ◽  
Geneva Conventions ◽  
Treaty Law ◽  
Treaty Interpretation

Chapter 2 examines international humanitarian law treaties. Using classical treaty interpretation methods, it establishes what degree of organization is required from a non-state armed group to become ‘Party to the conflict’ under article 3 common to the four Geneva Conventions, or an ‘organized armed group’ under article 1(1) of the Additional Protocol II or under the ICC Statute. Chapter 2 also analyses the travaux préparatoires of the different treaties, subsequent practice, and engages with the main doctrinal debates surrounding these questions. By subjecting the three treaties to thorough analysis, the chapter presents concise interpretations of the relevant organizational requirements, and compares the different thresholds. It also identifies and addresses under-researched questions, such as whether the organization criterion under international humanitarian law requires the capacity to implement the entirety of the applicable law.

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