A Moral Stretch? US–Tariff Measures and the Public Morals Exception in WTO Law

2021 ◽  
pp. 1-12
Author(s):  
Christian Delev

Abstract The ‘public morals’ exception remains a key aspect of the international trade system; however, its outer bounds have never been precisely defined. This question became pertinent in the US–Tariff Measures panel report, which expansively read the exception to justify a wide range of economic interests, including prohibitions on economic espionage, anti-competitive behaviour, and the regulation of government takings. This note challenges the panel's interpretation, arguing that it is flawed and essentially amounts to a factual standard of review. It proposes an alternative approach to public morals review, which involves an objective standard of review of facts and law, while providing adequate deference to Members’ own factual determinations. It further engages with the issue of extraterritoriality, defending an approach based on Members’ legislative jurisdiction as this strikes a balance between Members’ right to regulate trade for moral purposes and the interests of the international community.

2005 ◽  
Vol 13 (S1) ◽  
pp. 93-117 ◽  
Author(s):  
CHRISTIAN JOERGES ◽  
CHRISTINE GODT

Free Trade has always been highly contested, but both the arguments about it and the treaties that regulate it have changed dramatically since the Second World War. Under the 1947 General Agreement on Tariffs and Trade (GATT) regime, objections to free trade were essentially economic, and tariffs were a nation state's primary means of protecting its interests. However, by the early 1970s, tariffs had been substantially reduced, and the imposition and removal of non-tariff barriers that reflected a wide range of domestic concerns about the protection of health, safety, and the environment have since come to dominate trade agreements and their implementation. The expanding scope of these international treaties, and their effect on domestic regulatory objectives, has created new challenges for the nation-state, and for the international trade system as a whole. Domestic regulatory objectives that are generally embedded in a nation state's legal system or even in its constitution, are now negotiable and are susceptible to adjudication at the international level where they may, or may not, be used to camouflage unrelated economic interests. The international trade system adapted to this situation in 1994 by transforming the GATT into the World Trade Organization (WTO), which has more effective means for dispute resolution and includes a number of special agreements – such as the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS) and the Agreement on Technical Barriers to Trade (TBT) – with rules for balancing the economic concerns of free trade with the social concerns of regulatory objectives. These developments have generated legal queries about the general legitimacy of transnational governance arrangements and their ‘constitutionalization’, i.e. the quest for transnational governance that is mediated by law and not only accepted de facto but considered deserving of acceptance.


2021 ◽  
Vol 11 (4) ◽  
pp. 130
Author(s):  
A. Paula Rodriguez Müller ◽  
Cesar Casiano Flores ◽  
Valerie Albrecht ◽  
Trui Steen ◽  
Joep Crompvoets

The public sector is facing significant challenges regarding public services provision, including declination of users’ trust and limited resources. An alternative approach to traditional public service provision with the potential to address these challenges is the co-creation of public services. Co-creation promises to foster innovative solutions to provide high-quality services that respond to users’ needs. Considering this background, we aim at critically exploring public service co-creation via a scoping review, employing the PRISMA-ScR method. Our review focuses on 25 empirical studies out of 75 analyzed articles that examine the implementation of co-creation of (digital) public services and investigates how the empirical literature portrays the concept of public service co-creation. Our findings primarily suggest that co-creation can be implemented in a wide range of sectors and settings, to improve public services and to foster innovation, throughout the whole public service cycle, using a variety of digital, analog and hybrid co-creation tools and strategies. Yet, our review has also shown that there is still an implementation gap that needs to be bridged between knowing and doing in the context of public services co-creation in a digital setting.


JAHR ◽  
2021 ◽  
Vol 12 (2) ◽  
pp. 307-324
Author(s):  
Tatiana Benevides Magalhães Braga ◽  
Bárbara Penteado Cabral ◽  
Alessandro de Magalhães Gemino ◽  
Marciana Gonçalves Farinha ◽  
Demétrius Alves de França

This paper presents the Brazilian specificities of the development of its public health and social assistance policies since the re-democratization process in the 1980s until today. Besides, it presents a wide range of conflicts between the economic interests and the political activism accountable for the advances of the public policies implementation. This evolution is presented as a subsidy to the reader’s understanding of the development of a clinical solution for non-conventional settings specific to the Brazilian social and economic reality. Successful clinical experiences in health and social assistance based on phenomenology are presented, not only for diagnosis purposes, namely for understanding the people, for the context in the question, as well as the successful management development. The first case describes the provision of a peripatetic group therapy service, prior as a walking clinical practice, where the notion of territoriality and the dynamics of group interaction facilitate the understanding of the patients, while the intrinsic condition of the work also facilitates the establishment of transferential relationships. The second case describes the complexity of social welfare policy challenges through the clinical intervention while presenting a family in a social and economic vulnerability context.


2017 ◽  
pp. 226-291
Author(s):  
O.V. Liubimova

On the basis of The Deeds of Divine Augustus or Res Gestae Divi Augusti (RGDA), the author analyses the significance of the legacy of populares, one of the main political movements in the Late Republic, in the politics of Emperor Augustus. The main features of this political movement, in the opinion of modern researchers, were their demagogic political style, their assertion of the sovereignty of Roman people and their protection of economic interests of the lower classes. In the RGDA there is no mention of the odious political methods of the populares that entailed conflicts and unrest but the text significantly dwells on the tribunician power granted to Augustus. In the Late Republic the tribunician power served as the basis of the populares political method. The ideology reflected in the RGDA entrusts the Roman people with an important role in the public administration and describes the Roman people as a fullfledged partner of the Senate, however it lacks the populares contraposition of the Roman people to the Senate (or to the oligarchy controlling the Senate). The populares legacy is particularly apparent in the RGDA chapters describing Augustus expenses in favor of the Roman people such as the organisation of various social measures, shows and public building. Augustus inherited from the populares of the Late Republic the idea of Roman plebs as a source of political power and of satisfaction of its interest as a mechanism of maintaining political stability, but discarded those of populares slogans and methods that had a conflict potential.На материале Деяний Божественного Августа (Res Gestae Divi Augusti) рассматривается вопрос о том, какое место занимало в политике Августа наследие популяров одного из двух основных политических течений Поздней республики. В качестве характерных черт этого движения исследователи выделяют демагогический политический стиль приверженность идеологии народного суверенитета защиту экономических интересов неимущих слоёв. В RGDA не упоминаются одиозные политические методы популяров, которые влекли за собой конфликты и беспорядки, но важное место занимает предоставленная Августу трибунская власть, которая в Республике служила основой популярского Modus Operandi. Идеология, выраженная в RGDA, отводит римскому народу важное место в управлении государством и представляет его равноправным партнёром сената однако в ней отсутствует характерное для популяров противопоставление народа сенату (или олигархии, контролирующей сенат). Наиболее очевидно наследие популяров в тех главах RGDA, где описываются расходы Августа в пользу римского народа: социальные мероприятия, организация зрелищ и строительство. Август заимствовал у позднереспубликанских популяров представление о том, что римский плебс может служить источником политической силы, и удовлетворение его интересов необходимо для поддержания политической стабильности, однако исключил из своего арсенала те политические лозунги и методы популяров, которые имели конфликтный потенциал.


2019 ◽  
Vol 942 (12) ◽  
pp. 41-49
Author(s):  
A.M. Portnov

Using unified principles of formation and maintenance of register/cadaster with information about spatial data of landscape objects as the informational and technological basis for updating the public topographic maps and modernization of state cartographic system is proposed. The problems of informational relevancy of unified electronical cartographic basis and capacity of its renovation in case of public cadaster map data. The need to modernize the system of classification and coding of cartographic information, the use of unified standards for the coordinate description of register objects for their topological consistency, verification and updating is emphasized. Implementing such solutions is determined by economical expediency as well as necessity of providing a variety of real thematic data for wide range of consumers in the field of urban planning, territories development and completing the tasks of Governmental program “Digital economy of the Russian Federation”.


Author(s):  
Gesa Busch ◽  
Erin Ryan ◽  
Marina A. G. von Keyserlingk ◽  
Daniel M. Weary

AbstractPublic opinion can affect the adoption of genome editing technologies. In food production, genome editing can be applied to a wide range of applications, in different species and with different purposes. This study analyzed how the public responds to five different applications of genome editing, varying the species involved and the proposed purpose of the modification. Three of the applications described the introduction of disease resistance within different species (human, plant, animal), and two targeted product quality and quantity in cattle. Online surveys in Canada, the US, Austria, Germany and Italy were carried out with a total sample size of 3698 participants. Using a between-subject design, participants were confronted with one of the five applications and asked to decide whether they considered it right or wrong. Perceived risks, benefits, and the perception of the technology as tampering with nature were surveyed and were complemented with socio-demographics and a measure of the participants’ moral foundations. In all countries, participants evaluated the application of disease resistance in humans as most right to do, followed by disease resistance in plants, and then in animals, and considered changes in product quality and quantity in cattle as least right to do. However, US and Italian participants were generally more positive toward all scenarios, and German and Austrian participants more negative. Cluster analyses identified four groups of participants: ‘strong supporters’ who saw only benefits and little risks, ‘slight supporters’ who perceived risks and valued benefits, ‘neutrals’ who showed no pronounced opinion, and ‘opponents’ who perceived higher risks and lower benefits. This research contributes to understanding public response to applications of genome editing, revealing differences that can help guide decisions related to adoption of these technologies.


2020 ◽  
Vol 30 (Supplement_5) ◽  
Author(s):  
Y Tcholakov

Abstract Background Globalization is recognized to as a contributing factor to a health harming environment through a variety of mechanisms including through changes in food systems and food availability. Sugar-sweetened beverage (SSB) consumption is linked to obesity and diabetes and its regulation is a key priority for public health. The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) is an international trade agreement between 11 countries. Methods This project uses of natural experiment methods to predict the impact of the entry into force of the CPTPP on SSB consumption. These methods allow quantitative inferences to be drawn in the situations where the exposure is not randomly assigned. Soft drink consumption data was collected from the Euromonitor database for 80 countries from all regions. This data was used to estimate the effect of agreements similar to the TPP. Results Eleven country trade agreement pairs were identified. In 5 cases out of the 11, the exposed country had a higher soft drink consumption at five years after the trade agreement. The effect of the trade agreement exposure for an average country in the sample in a trade agreement was found to be 1.10 (95% CI: 1.01-1.18; p-value: 0.03) after adjusting for GDP and the involvement of the US. In 7 of the 11 member-countries soft drink consumption is expected to increase yielding an average increase of 9.0% in those countries; the changes did not yield statistically significant differences in others. Conclusions This projected extended the use of synthetic methods to the projection of future effects of policy implementation. While it showed that there may be increasing trend of SSB consumption in certain scenarios, this could not be generalized to all cases. This illustrates the wide range of effects of international trade liberalization and highlights that national policy probably plays a strong modulating role on the impact that it has on local food environments. Key messages Globalization can lead to health harming environments and its impacts should further be studied by public health professionals and researchers. Many global policies have the potential to lead to significant health impacts but are negotiated without involving public health experts.


Animals ◽  
2021 ◽  
Vol 11 (6) ◽  
pp. 1818
Author(s):  
Jennifer Routh ◽  
Sharmini Julita Paramasivam ◽  
Peter Cockcroft ◽  
Vishna Devi Nadarajah ◽  
Kamalan Jeevaratnam

The public health implications of the Covid-19 pandemic have caused unprecedented and unexpected challenges for veterinary schools worldwide. They are grappling with a wide range of issues to ensure that students can be trained and assessed appropriately, despite the international, national, and local restrictions placed on them. Moving the delivery of knowledge content largely online will have had a positive and/or negative impact on veterinary student learning gain which is yet to be clarified. Workplace learning is particularly problematic in the current climate, which is concerning for graduates who need to develop, and then demonstrate, practical core competences. Means to optimise the learning outcomes in a hybrid model of curriculum delivery are suggested. Specific approaches could include the use of video, group discussion, simulation and role play, peer to peer and interprofessional education.


Author(s):  
Michael D. T. McDonnell ◽  
Daniel Arnaldo ◽  
Etienne Pelletier ◽  
James A. Grant-Jacob ◽  
Matthew Praeger ◽  
...  

AbstractInteractions between light and matter during short-pulse laser materials processing are highly nonlinear, and hence acutely sensitive to laser parameters such as the pulse energy, repetition rate, and number of pulses used. Due to this complexity, simulation approaches based on calculation of the underlying physical principles can often only provide a qualitative understanding of the inter-relationships between these parameters. An alternative approach such as parameter optimisation, often requires a systematic and hence time-consuming experimental exploration over the available parameter space. Here, we apply neural networks for parameter optimisation and for predictive visualisation of expected outcomes in laser surface texturing with blind vias for tribology control applications. Critically, this method greatly reduces the amount of experimental laser machining data that is needed and associated development time, without negatively impacting accuracy or performance. The techniques presented here could be applied in a wide range of fields and have the potential to significantly reduce the time, and the costs associated with laser process optimisation.


2012 ◽  
Vol 16 (2) ◽  
pp. 109-120 ◽  
Author(s):  
Gad Saad

An evolutionary lens can inform the study of cultural forms in a myriad of ways. These can be construed as adaptations, as exaptations (evolutionary byproducts), as gene–culture interactions, as memes, or as fossils of the human mind. Products of popular culture (e.g., song lyrics, movie themes, romance novels) are to evolutionary cultural theorists what fossils and skeletal remains represent to paleontologists. Although human minds do not fossilize or skeletonize (the cranium does), the cultural products created by human minds do. By identifying universally recurring themes for a given cultural form (song lyrics and collective wisdoms in the current article), spanning a wide range of cultures and time periods, one is able to test key tenets of evolutionary psychology. In addition to using evolutionary psychology to understand the contents of popular culture, the discipline can itself be studied as a contributor to popular culture. Beginning with the sociobiology debates in the 1970s, evolutionary informed analyses of human behavior have engendered great fascination and animus among the public at large. Following a brief summary of studies that have explored the diffusion of the evolutionary behavioral sciences within specific communities (e.g., the British media), I offer a case analysis of the penetration of evolutionary psychology within the blogosphere, specifically the blog community hosted by Psychology Today.


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