scholarly journals Dispute Settlement Mechanisms in U.S. FTAs with Korea, Panama, Peru and Colombia: Basic Designs, Key Characteristics and Implications

2016 ◽  
Vol 5 (2) ◽  
pp. 487-504
Author(s):  
Jaemin Lee
Keyword(s):  
United States ◽  
Dispute Settlement ◽  
General Scheme ◽  
Free Trade Agreements ◽  
The United States ◽  
Key Characteristics ◽  
Marked Disparity ◽  
New Ideas ◽  
The Moment ◽  
Dispute Settlement Mechanisms

Abstract The United States concluded free trade agreements (FTAs) with Korea, Peru, Panama and Colombia in late 2000s. Since the four FTAs were negotiated and concluded largely contemporaneously, key traits and characteristics of the agreements are similarly formulated. In light of this, dispute settlement mechanisms (state-to-state dispute settlement proceedings, investor-state dispute settlement proceedings, and Joint Committees) of the four FTAs also share commonalities. At the same time, new ideas and suggestions are explored in the four FTAs. While issues and disputes under the four FTAs have arguably not been ripe for the constitution of dispute settlement proceedings under the FTAs at the moment, sooner or later they are likely to end up in the dockets of the respective proceedings. The key elements of the four FTAs’ dispute settlement mechanisms are also adopted in other FTAs that the United States have concluded afterwards including most recently the Trans-Pacific Partnership, since these elements are reflective of the general scheme of the United States in their FTAs. What remains to be seen is how the general scheme of dispute settlement proceedings can be applied and implemented in actual settings when the FTAs produce increasing numbers of disputes in the future. In particular, marked disparity in human and financial resources between the United States and the four FTA’s parties may bring about disparate impacts and consequences among contracting parties. Continued attention needs to be paid to the development concerning implementation of the four FTAs, in particular their dispute settlement proceedings.

United States – Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products – Recourse to Article 21.5 of the DSU by Mexico (US–Tuna II (Mexico) (Article 21.5 – Mexico), DS381)

2016 ◽  
Vol 15 (3) ◽  
pp. 523-525
Author(s):  
Geoffrey Carlson
Keyword(s):  
United States ◽  
Dispute Settlement ◽  
The United States ◽  
Technical Barriers To Trade ◽  
Appellate Body ◽  
Final Rule

This compliance proceeding under Article 21.5 of the DSU concerned measures taken by the United States to implement the recommendations and rulings of the Dispute Settlement Body (DSB) in US–Tuna II (Mexico). In US–Tuna II (Mexico), the DSB found that certain US measures concerning the importation, marketing, and sale of tuna products (taken together, the Original Tuna Measure) were inconsistent with the Agreement on Technical Barriers to Trade (the TBT Agreement). The Original Tuna Measure, inter alia, contained conditions under which tuna products could be labelled ‘dolphin safe’. The United States' measure taken to comply with the recommendations and rulings of the DSB consisted of an amendment to the Original Tuna Measure (the 2013 Final Rule). The Appellate Body generally referred to the Original Tuna Measure, together with the 2013 Final Rule, as the Amended Tuna Measure. The Amended Tuna Measure was the focus of this compliance proceeding.

Extraterritorial Shrimps, NGOs and the WTO Appellate Body

1999 ◽  
Vol 48 (1) ◽  
pp. 199-206 ◽  
Author(s):  
Asif H. Qureshi
Keyword(s):  
United States ◽  
Dispute Settlement ◽  
Market Access ◽  
The United States ◽  
Consultation Process ◽  
Appellate Body ◽  
Wto Dispute Settlement ◽  
The Us ◽  
Wto Appellate Body ◽  
Dispute Settlement System

At the centre of the international trading order, under the framework of the World Trade Organization (WTO), lies a dispute-settlement system. This system offers a graduated conflict-resolution mechanism that begins with a consultation process; progresses to adjudication, through a panel system, and ends in an appellate process.1 Under this machinery, in October 1996 India, Malaysia, Pakistan and Thailand (the complainants) requested joint consultations with the United States, regarding the US prohibition on the importation of certain shrimps and shrimp products caught with fishing technology considered by the United States adversely to affect the population of sea turtles—an endangered species under CITES.2 The US prohibition arose from section 609 of Public Law 101–1623 and associated regulations and judicial rulings (hereafter referred to as section 609). In a nutshell the complainants claimed denial of market access to their exports, and the United States justified this on grounds of conservation. However, as a consequence of the failure of the consultations, the WTO Dispute Settlement Body established a panel, around April 1997, to consider a joint complaint against the United States in relation to section 609. Australia, Ecuador, the European Communities, HongKong, China, Mexico and Nigeria joined the complainants as third parties. In May 1998 the panel's report was published, containing a decision in favour of the complainants. In July 1998 the United States appealed to the WTO Appellate Body, and in October 1998 the Appellate Body issued its report.4

scholarly journals Cooperation and Coopetition as a Tools Which Could Improve Leading Startups all over the World

2017 ◽  
Vol 11 (2) ◽  
pp. 228
Author(s):  
Aneta Ejsmont
Keyword(s):  
United States ◽  
The United States ◽  
Good News ◽  
The European Union ◽  
The United Kingdom ◽  
The World ◽  
The Usa ◽  
Leading Position ◽  
Foreign Sale ◽  
The Moment

Building own business is a long-term and laborious process. A person who leads a startup tries to start with building own business by taking first steps toward financial independence. Analyzing conditions in Poland, on average every second startup sells its services abroad, admittedly it is good news, although half of them do not export at all. Half of the startups which export their services and goods generates more than 50% of their revenues outside Poland. Very interesting is the fact that 60% of exporters have conducted their foreign sale since the moment of establishing their business. On which markets do they sell their services? It turns out that the most popular are markets in the European Union (54%), including the United Kingdom 14% and Germany 9%. Only about 25% of Polish startups exports their products and services to the United States. Taking the United States into consideration, in 2008 the USA lost their leading position in the number of startups which are newly created and achieving success in business. Currently in terms of the number of new startups the USA is on a quite distant place after Denmark, Finland, Sweden, Hungary, New Zealand, Israel or Italy. In short, more companies were closed than created, so it was, as a matter of fact, like in Poland. Therefore, the condition to improve the development of startups both from Poland and other countries all the world is to increase cooperation and coopetition.

scholarly journals China’s AI experience: industrial digitalization

2020 ◽  
Vol 28 (3) ◽  
pp. 536-546
Author(s):  
Marina S. Reshetnikova
Keyword(s):  
Artificial Intelligence ◽  
United States ◽  
Global Economy ◽  
The United States ◽  
High Tech ◽  
Global Innovation ◽  
Innovative Products ◽  
Fundamental Research ◽  
The Moment

The rapid acceleration of scientific and technological progress, which started at the beginning of the 21st century, has become a decisive factor in influencing the global economy. Who will lead the global innovation race? This problem is especially relevant in the field of artificial intelligence (AI). At the moment, the United States and China are the main participants in the battle for dominance in this area. The author assesses Chinas innovative potential in the field of AI and identifies its achievements in this area. Based on the statistics provided, Chinas AI leadership has reached a critical point. China is confidently leading the new fundamental research of artificial intelligence, forming its theoretical base and applied research and development, which will contribute to the creation of new high-tech innovative products and services. However, in terms of the number and quality of AI specialists (AI Talents) and the number of companies engaged in AI, China is still lagging behind its main rival, namely the United States. The author proved that, despite the obvious successes of China, the United States still has an equal lead in the global innovation race.

scholarly journals Journal Entry, July 2020: Affirmation, Inclusion, Equity and Everyone

2021 ◽  
Vol 8 (2) ◽  
pp. 129-135
Author(s):  
Lauren Thomas Quigley ◽  
Monica Cox ◽  
Cynthia J. Atman ◽  
Jennifer Turns
Keyword(s):  
United States ◽  
Black Students ◽  
Engineering Education ◽  
The United States ◽  
Internal Reflection ◽  
Professional Organization ◽  
Journal Entry ◽  
Personal Stories ◽  
Action Change ◽  
The Moment

When we reflect on 2020, especially in the United States, the divides in society amplified by the pandemic and laid bare for all to see following the murder of George Floyd in Minnesota in May, 2020 will most likely be the top of mind. We could all see this nation’s history and current complicity for racism, both the systematic and systemic. The moment was not unfamiliar, but markedly different. Initially, we wrote this piece in the summer of 2020, in response to our professional organization’s delay and hesitancy to affirm Black lives, Black students, Black engineers and Black faculty. Many of us were crying out. Allies with commitment to action showed up for and with us -- no questions asked, to ensure that what we felt was at least heard. In nearly a year since our original effort to write this piece together, some things have changed for the better. We saw our professional organization affirm Black lives. We saw some of our colleagues take action, change course and use their influence to make the community better. Some learned, listened and tried to do something new. Others, either remained silent, hopefully in contemplation, but some with a silence that convinces us that they are simply not on the same side. We composed the below entries in the summer of 2020, amid national turbulence and internal reflection. Below we provide four personal stories and some specific calls to action situated in the summer of 2020, but these remain our aspirations and hopes for the field of engineering education.

scholarly journals Comparative-Legal Analysis of Alternative Tax Dispute Resolution: the Practice of the Russian Federation, the United States, the Netherlands and Germany

2017 ◽  
pp. 58-64
Author(s):  
Елена Цветкова ◽  
Elena Tsvetkova
Keyword(s):  
United States ◽  
The Netherlands ◽  
Dispute Resolution ◽  
The United States ◽  
Alternative Methods ◽  
Main Trend ◽  
Legal Analysis ◽  
Tax Rate ◽  
The Us ◽  
The Moment

The main trend of recent years is the complication of tax administration. In order to improve it states develop forms of work with taxpayers, including alternative tax dispute resolution. The author analyses alternative tax dispute resolution that have already developed in Russia and compares them with similar procedures in the United States, the Netherlands and Germany. To the alternative methods that are applied in Russia the author refers tax monitoring and agreement on the settlement of a tax dispute. Tax monitoring is not seen as a form of tax control, but as a mean of resolving and preventing the occurrence of a tax dispute. The conclusion of an agreement between a tax authority and a taxpayer on the settlement of a dispute in court is possible by reaching a compromise on the qualification of relations, on actual circumstances, on the interpretation of the tax rate. The article contains examples of programs that exist in the US and Germany in the sphere of tax dispute resolution. Also issues related to the implementation of the mediation procedure existing in the United States, the Netherlands and Germany and the possibility of their application in Russia are considered. The author emphasizes the impossibility of applying the procedure of mediation in tax disputes in Russia at the moment due to the lack of legislative regulation.

Black Mothering Legacies: Theorizing Lament as a Form of Justice Research

2021 ◽  
pp. 194084472110495
Author(s):  
Nichole A. Guillory
Keyword(s):  
United States ◽  
The United States ◽  
State Violence ◽  
Black Child ◽  
The State ◽  
Black Mothers ◽  
Black Life ◽  
The Moment ◽  
Historical Moment ◽  
Black Mothering

I feel compelled by the moment to take up these questions: What does it mean to mother a Black child within/against this historical moment within/against the (carceral) United States? What does it mean to mother a Black child when the legacy of enslavement in the United States is still the basis for assessing the “worth” of you and your children? How do I determine justice for my/a/the Black child in this historical moment? How does this justice come to matter? My approach to critical qualitative research is best understood through Cynthia Dillard’s (2006) notion of “endarkened feminist epistemology” (p. 3). Here I trace a lineage of Black mothering praxis that has been enacted in response to injustice across different historical moments and geographical locations in the United States. This lineage focuses on Black mothers who have lost their children to state violence, when that violence is perpetrated by the state or when the state fails to mete out justice for the taking of Black life.

Awash in the Storm of National Revolution

2016 ◽  
Author(s):  
Motoe Sasaki
Keyword(s):  
United States ◽  
Gender Differences ◽  
The United States ◽  
Women Missionaries ◽  
New Developments ◽  
New Women ◽  
New Ideas

This chapter explores the aftermath of the collapse of the Wilsonian moment and its uneven and gendered effects on American New Women missionaries' enterprises in the Nationalist Revolution period (1924–27). It was at this time that the missionaries came to feel the power of the national revolution movement and found their projects were being reframed within new ideas and articulated in a new vocabulary that had become current in China. In taking such changes into account, they had to interpret and respond to new developments and ultimately reconsider their own perceptions of the United States and the very nature of their existence in China. Local Chinese resistance to their educational projects and institutions directed toward American New Women missionaries also brought into play gender differences and issues among the Chinese themselves and consequently made the difficulties facing the missionaries all the more complex and entrenched.

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