Part II Substantive Aspects, Ch.22 National Treasures at the Intersection between Cultural Heritage and International Trade Law

2020 ◽  
Author(s):  
Voon Tania
Keyword(s):  
International Trade ◽  
Cultural Property ◽  
Control Measures ◽  
Illicit Trade ◽  
Trade Law ◽  
International Trade Law ◽  
Appellate Body ◽  
National Treasures ◽  
Wto Appellate Body ◽  
Definition Of

This chapter analyses the extent to which international trade law accommodates the export and import control measures that States commonly adopt in order to prevent illicit trade in cultural property in accordance with the 1970 UNESCO Convention. It examines the exception for ‘national treasures’ found in World Trade Organization (WTO) law and other international economic agreements. The definition of cultural property in the relevant UNESCO treaty is not necessarily identical to the meaning of national treasures in WTO law. Moreover, the WTO Appellate Body has shown reluctance to apply non-WTO law in determining WTO disputes, so a conflict between UNESCO and WTO provisions or domestic regulations might not necessarily be resolved as expected. This conclusion provides one example of the limitations of the current Appellate Body approach to international law and suggests, with respect to cultural property, that closer alliance in treaty drafting may be required to enhance coherence.

Flexibilities in WTO Law to Support Tobacco Control Regulation

2013 ◽  
Vol 39 (2-3) ◽  
pp. 199-217 ◽  
Author(s):  
Tania Voon
Keyword(s):  
Tobacco Control ◽  
Health Impact ◽  
The United States ◽  
Control Measures ◽  
Careful Examination ◽  
Trade Law ◽  
International Trade Law ◽  
Appellate Body ◽  
Tobacco Regulation ◽  
Wto Appellate Body

Cases concerning the regulation of tobacco have long existed within the World Trade Organization (WTO) and its predecessor, the General Agreement on Tariffs and Trade 1947 (GATT 1947), although often these cases have not centered on the detrimental health impact of tobacco products. With the 2012 circulation of the Report of the WTO Appellate Body in U.S.—Clove Cigarettes, the potential friction between international trade law and tobacco regulation in the context of public health has come to the fore. In that Report, the Appellate Body found in part against the United States’ flavored cigarette ban. Combined with the ongoing WTO challenges to mandatory plain tobacco packaging in Australia—Tobacco Plain Packaging, governments might begin to fear that the WTO agreements represent an insurmountable barrier to ambitious tobacco control measures. However, careful examination of the Clove Cigarettes case alongside the two other recent Appellate Body Reports (U.S.—Tuna II (Mexico)5 and U.S.—COOL6) on the WTO's Agreement on Technical Barriers to Trade (TBT Agreement)7 demonstrates that the TBT Agreement has ample flexibility to accommodate health objectives underlying tobacco regulation.

Animal Welfare and the Wto: The Legality and Implications of Live Export Restrictions under International Trade Law

2014 ◽  
Vol 42 (2) ◽  
pp. 279-307 ◽  
Author(s):  
Radhika Chaudhri
Keyword(s):  
International Trade ◽  
Animal Welfare ◽  
Export Trade ◽  
The Public ◽  
Trade Law ◽  
International Trade Law ◽  
Appellate Body ◽  
Export Restrictions ◽  
Set Up ◽  
Live Export

In Australia, controversial incidents regarding the treatment of live animals exported from Australia spark regular debate on whether the live export trade should be banned or more tightly regulated. Government responses to public outcry often take the form of restrictions on the trade of the animals concerned, but the legality of unilateral measures of this kind is yet to be directly considered by the World Trade Organization's Appellate Body. This article examines the legality of imposing restrictions on live export under the international trade law regime set up by the General Agreement on Tariffs and Trade 1994 (‘GATT’),1 and in particular, whether such measures could be justified under Article XX. In exploring this question, special attention is given to the Australian government's new regulatory framework, as introduced by the Export Control (Animals) Amendment Order 2012 (No 1), which imposes an exporter supply chain assurance obligation on Australian suppliers. In addition, in light of the continued calls from animal welfare groups to ban the trade entirely, the legality of a complete moratorium on live exports will also be considered. Although the exceptions in Articles XX(b) and XX(g) of the GATT appear to be relevant to live exports, ultimately any regulation might be best supported under the ‘public morals’ exception in Article XX(a). However, care will need to be taken in the design of any restriction to avoid breaching the strict chapeau requirements of Article XX.

scholarly journals Observations on Trade Law and Globalization

2005 ◽  
Vol 33 (1) ◽  
pp. 103-119
Author(s):  
Sara Dillon
Keyword(s):  
International Trade ◽  
National Culture ◽  
Important Thing ◽  
Free Zone ◽  
Trade Law ◽  
International Trade Law ◽  
Working Definition ◽  
The Subject ◽  
Definition Of

I imagine most people with an interest in the subject have their own working definition of globalization. My definition goes something like this: Globalization is at least in part about the spread of mass markets and common tastes, albeit with variations. International trade law, by reducing the possibility that individual countries can “prefer” their own productions, is one of the mechanisms for facilitating the spread of these common tastes. I am by no means implying that the global tastes are elevated ones; in fact, the mass-appeal products sought might be inferior in many ways to what came before. The irony of the franchise, for instance, is thatbetterorworsedoes not matter—only sameness. The important thing is that the tastes are commonly held across a national-culture-free zone, and recognized as such.

Risky Apples Again? Australia – Measures Affecting the Importation of Apples from New Zealand

2010 ◽  
Vol 1 (4) ◽  
pp. 437-443 ◽  
Author(s):  
Alessandra Arcuri ◽  
Lukasz Gruszczynski ◽  
Alexia Herwig
Keyword(s):  
International Trade ◽  
New Zealand ◽  
International Law ◽  
Scientific Evidence ◽  
Risk Regulation ◽  
Trade Law ◽  
International Trade Law ◽  
Appellate Body ◽  
General Exceptions ◽  
Gatt 1994

The section on WTO law highlights the interface between international trade law and national risk regulation. It is meant to cover cases and other legal developments regarding the SPS, TBT and TRIPS Agreements and the general exceptions in both GATT 1994 and GATS as well as to inform about pertinent developments in recognized international standardization bodies and international law. Of recurrent interest in this area are questions of whether precautionary policies can be justified under WTO law, the standard of review with which panels and the Appellate Body assess scientific evidence and the extent to which policy can and should influence risk regulation.

scholarly journals Impact of E-Trade:

2019 ◽  
Vol 4 (9) ◽  
pp. 174-176
Author(s):  
Md. Habib Alam
Keyword(s):  
International Trade ◽  
Dispute Settlement ◽  
Legal Framework ◽  
Control Measures ◽  
Trade Disputes ◽  
Online Dispute Resolution ◽  
Trade Law ◽  
International Trade Law ◽  
The World ◽  
Transaction Security

E-commerce may be termed as e-trade. E-Trade means e-goods and e-service. E-trade is a part of International Trade law. E-trade plays a key role in the sustainable development of trade and becomes a part of international trade development. Thus, E-trade leads to the globalization of trade. Today, e-trade is expanding due to the rapid growth of trade across the world. E-trade is executed by linking among different terminals through the transnational electronic transaction. E-trade has different difficulties or barriers for its virtual world. Sustainable e-trade mechanism depends on transaction security and reliable legal framework. Non-privatization of DNS also a key factor for the development of e-trade. Different measures (i.e. transaction security, electronic signature and access control measures) should take into consideration for removing trade barriers from e-trade sector. The question may arise what should parties do with e-trade disputes. This question was answered by different scholars in different ways. Some argue to adopt proper Online Dispute Resolution to deal with e-trade disputes. Today, different adhoc online dispute settlement venues (i.e. e-arbitration) may be found across the world to deal with e-trade disputes. For the development of e-trade, different international laws should take into consideration, i.e. UNCITRAL Model Law on Electronic Commerce, United Nations Convention on International E-Contracts, WTO agreements. This is qualitative and library-based research. This research is to examine as to how future development of e-trade may be executed from an international trade law perspective.

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