A Comment and Epilogue

2015 ◽  
Vol 6 (3) ◽  
pp. 418-422
Author(s):  
Rob Howse
Keyword(s):  
Animal Welfare ◽  
National Treatment ◽  
Public Morality ◽  
Trade Off ◽  
Appellate Body Report ◽  
Appellate Body ◽  
Regulatory Purpose ◽  
Trade Measures

The Appellate Body report in EC-Seal Products is a landmark decision in several respects: for its recognition that animal welfare is a matter of public morality that may justify a trade ban in response to cruelty; for the AB's new–found clarity with respect to the irrelevance of regulatory purpose in the determination of “treatment no less favourable” under the National Treatment and MFN provisions of the GATT; for its suggestion that trade measures not defined by product–related distinctions but other criteria are not covered by the TBT Agreement; and for its partial acknowledgement that a Member may maintain a measure consistent with Article XX even if the measure represents a complex trade–off between a main purpose and other purposes that may limit the extent the main purpose can be furthered. But the decision arguably raises as many questions as it answers, and some have already complained about the rather sphinx–like quality of the judgment.

scholarly journals Thailand–Cigarettes (Philippines): A More Serious Role for the ‘Less Favourable Treatment’ Standard of Article III:4

2013 ◽  
Vol 12 (2) ◽  
pp. 163-193 ◽  
Author(s):  
WILLIAM J. DAVEY ◽  
KEITH E. MASKUS
Keyword(s):  
Market Analysis ◽  
Legal Issues ◽  
External Cost ◽  
National Treatment ◽  
Appellate Body Report ◽  
Appellate Body ◽  
Treatment Standard ◽  
Treatment Principle ◽  
Policy Impacts

AbstractThis paper analyzes a number of economic and legal issues raised by the Appellate Body Report in the Thai–Cigarettes case. The paper suggests two improvements that could be made to Panel procedures; supports the Appellate Body's interpretation of Article XX(d) in the present case, which seems to discard an earlier mistaken approach to Article XX; and examines, in some detail, whether the Appellate Body's application of the ‘less favourable treatment’ component of GATT Article III:4 in this and other cases is consistent with its jurisprudence under GATT Article III:2 and TBT Article 2.1. From an economics perspective, the case is straightforward on its face. However, the Appellate Body's rigorous application of the ‘less favourable treatment’ principle might not survive a fuller market analysis in terms of policy impacts on conditions of competition. Further, while we agree with the rejection of Thailand's Article XX claim, we raise the question of whether a strict national-treatment rule may be an unwarranted constraint on policy where there is a clear trade-related external cost to address.

scholarly journals Appellate Body Report, India – Additional and Extra-Additional Duties on Imports from the United States (WT/DS360/AB/R, adopted on 17 November 2008)

2010 ◽  
Vol 9 (1) ◽  
pp. 239-263 ◽  
Author(s):  
PAOLA CONCONI ◽  
Jan Wouters
Keyword(s):  
United States ◽  
Burden Of Proof ◽  
The United States ◽  
Central Point ◽  
National Treatment ◽  
Appellate Body Report ◽  
Appellate Body ◽  
Border Tax Adjustments ◽  
National Governments

AbstractThis paper critically reviews the main findings of the Appellate Body in the case India – Additional and Extra-Additional Duties on Imports from the United States (India–Additional Import Duties). This ruling sheds light on the interplay between two core provisions of the GATT, namely Article II GATT (Schedules of Concessions) and III GATT (National Treatment on Internal Taxation and Regulation). Linked to this demarcation, the question on the allocation of the burden of proof was a central point of contention in this dispute. The ruling also establishes the principle that WTO Members are allowed to use border tax adjustments, as long as the tax imposed on imports does not exceed the domestic tax. We argue that this principle can help to reconcile the objectives of the WTO with those of national governments.

The role of regulatory purpose under Articles III: 2 and 4 – toward consistency between negotiating history and WTO jurisprudence

2012 ◽  
Vol 11 (1) ◽  
pp. 81-118 ◽  
Author(s):  
WEIHUAN ZHOU
Keyword(s):  
National Treatment ◽  
Regulatory Purpose ◽  
Preparatory Work

AbstractAfter years of debate, the issues of whether and where (i.e. under which legal element) regulatory purposes should be considered under Article III:2 and Article III:4 of the GATT – the most invoked provisions of the National Treatment rule – remain unsolved. This article submits that the preparatory work of the National Treatment rule provides significant interpretative guidance on the issues. In relation to Article III:2, 2nd sentence and Article III:4, the WTO jurisprudence has achieved consistency with the interpretative guidance. However, by expanding the reach of Article III:2, 1st sentence to origin-neutral fiscal measures whereas rejecting the relevance of regulatory purposes to the determination of whether such measures are in violation of that sentence, the WTO judges have failed to respect the functions of Article III:1 and Article III:2, 1st sentence as contemplated by the draftsmen. To remedy this failure, this article proposes that the WTO adjudicators should either approve formal purpose inquiries under Article III:2, 1st sentence, or, alternatively, confine the application of that sentence to origin-specific measures only.

Tingkat Pemahaman Kompetensi Guru Pada Mahasiswa Pendidikan Geografi Sebagai Calon Guru Geografi

2020 ◽  
Vol 21 (1) ◽  
pp. 102-117
Author(s):  
Novia Zalmita ◽  
Muhajirah Muhajirah ◽  
Abdul Wahab Abdi
Keyword(s):  
Prospective Teachers ◽  
Prospective Teacher ◽  
Quantitative Description ◽  
Population Data ◽  
Geography Education ◽  
Teacher Competence ◽  
Education Department ◽  
Long Time

One that influences human resource indicators is education. The teacher is a profession as a job of academic specialization in a relatively long time in college. Understanding related to teacher competence is very important to have by a prospective teacher because it can affect the quality of performance as a professional teacher. The teacher's competence is known as pedagogic, professional, social and personality competencies. The issue in this study is how the competency of the teacher of the Department of Geography Education FKIP Unsyiah as a prospective teacher of geography? The purpose of this study was to determine the competence of teachers in the Department of Geography Education FKIP Unsyiah as prospective geography teachers. Quantitative description approach is used in this study to find answers to the issue. The population in this study were students of the Department of Geography Education FKIP Unsyiah class of 2015 and 2016 who had been declared to have passed the Micro Teaching and Magang Kependidikan 3 course totaling 50 people. Because the population is small and can be reached, the determination of the sample using total sampling techniques so that the sample in this study is the whole population. Data collection is done by distributing test questions to respondents. The data was analyzed using the descriptive statistics percentage formula. The results of the study indicate that the level of teacher competence of Geography Education Department students as prospective teachers is in the moderate category, namely as many as 22 respondents (44%). A total of 12 respondents (24%) were in the high category, 15 respondents (30%) were in the low category and 1 respondent (2%) were in the very low category.

Fluctuations of Annual Precipitation and Water Resources Quality in Ukraine

2016 ◽  
Vol 10 (4s) ◽  
pp. 621-629
Author(s):  
Valentina Pidlisnyuk ◽  
◽  
John Harrington JR ◽  
Yulia Melnyk ◽  
Yuliya Vystavna ◽  
...  
Keyword(s):  
Water Resources ◽  
Surface Waters ◽  
Precipitation Amount ◽  
Ion Concentration ◽  
Annual Precipitation ◽  
Resource Quality ◽  
Phosphate Ion ◽  
Regional Trends

The article focuses on examining the influence of fluctuations in annual precipitation amount on the quality of surface waters. Water quality was estimated with data on BOD, COD and phosphate–ion concentration within five selected regions of Ukraine. Analysis of the precipitation data (1991 – 2010) showed different regional trends. Using the statistics, determination of the interconnection between precipitation amount and water resources quality were done. The obtained regularities and associated uncertainties can be used for prediction of changes in water resource quality and as a guide for future adaptation to possible climate change.

POTENSI PENGEMBANGAN SADE SEBAGAI DESA WISATA LOMBOK

2016 ◽  
Vol 20 (2) ◽  
pp. 69-82
Author(s):  
W. Suprihatin ◽  
H. Hailuddin
Keyword(s):  
Analytical Hierarchy Process ◽  
Environmental Aspect ◽  
Priority Level ◽  
Highest Weight ◽  
Local Tradition ◽  
Tourist Village ◽  
Hierarchy Process ◽  
Initial Pattern

The background of the problems in this study is the decreasing quality of Sade hamlet amid rising tourist arrivals. From the environmental aspect, the conditions of the hamlet began to decline, in which the initial pattern of Sade has started a lot of changes towards the deficient and began to leave the local tradition. One effort to improve the condition of Sade hamlet in social, cultural and the environmental aspect is through the formulation of a sustainable structuring, the presence and identity maintaining and making a sustainable Tourism Village. Through analysis of AHP (Analytical Hierarchy Process) by collecting the perceptions of some experts through interviews and questionnaires, obtained by weighting the priority of the experts, namely the preservation of culture as an element of priority-level goals to be achieved in the development of Sade Hamlet as a tourist village at 0,476. While the determination of the level of the main criteria in the achievement of these objectives is the highest weight while maintaining a typical village environment at 0.319. Priority strategies that get the highest weight of the experts is that Sade Hamlet Revitalization with a priority weighting of 0.583. The second priority is the relocation of Hamlet at 0.235. Lowest weighting or last priority is Replication Sade Hamlet at 0.182.

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