scholarly journals La creciente interacción entre la seguridad nacional y el comercio internacional: hacia una concreción del significado y alcance del artículo XXI GATT en tiempos de cambios tecnológicos y competencia geopolítica = National security and international trade: approaching the meaning and extent of article XXI GATT in times of technological changes and geostrategic competence

2020 ◽  
Vol 12 (1) ◽  
pp. 170
Author(s):  
Carlos Esplugues Mota
Keyword(s):  
International Trade ◽  
National Security ◽  
Dispute Resolution ◽  
Free Trade ◽  
The State ◽  
Technological Changes ◽  
Future Role ◽  
Goods And Services ◽  
State Security ◽  
Trade War

Resumen: Tras años de fomento del libre comercio y de la globalización, las posiciones nacionalistas y unilateralistas comienzan a ganar terreno en la realidad internacional. En este entorno, el recurso a la noción de intereses esenciales de la seguridad del Estado y conceptos similares es usado de forma creciente para avalar la adopción de medidas proteccionistas frente a bienes y servicios provenientes del exterior. El artículo XXI GATT gana, así, un protagonista que le ha sido negado desde su redacción en la década de los cuarenta del siglo pasado. Carente de una práctica amplia y consistente, el precepto ha sido ahora objeto de interpretación por al órgano de resolución de controversias de la OMC. El presente artículo aborda la naturaleza y significado de este artículo, referente indiscutible para muchas de las cláusulas de excepción presentes en los distintos Tratados de Libre Comercio, y sus perspectivas de futuro en un entorno marcado por la crisis de la OMC.Palabras clave: Artículo XXI GATT, Intereses esenciales de la seguridad del Estado, Seguridad nacional, Comercio internacional, Guerra comercial.Abstract: International free trade and globalization have been heavily supported during the last decades. Nevertheless, nationalist and unilateralist positions are gaining ground in the international arena and free trade is currently under attack. Notions like “essential interests of state security” or “national security” are increasingly used to support the adoption of protectionist measures against goods and services coming from abroad. In this scenario, article XXI GATT is raising an increasing protagonist. The provision has historically lacked a broad and consistent practice but currently it has been interpretated by the WTO dispute resolution body. This article addresses the nature and meaning of article XXI GATT and its future role in an international trade environment characterized by the WTO crisis.Keywords: Article XXI GATT, Essential Security Interests of the State, National Security, International Trade, Trade War

scholarly journals La utilización de la bandera de España por las fuerzas y cuerpos de seguridad del Estado /Use of the Flag of Spain by the State Security Forces

2017 ◽  
Vol 4 (6) ◽  
pp. 137
Author(s):  
Javier Eiroa Escalada ◽  
Luis Toribio Castro
Keyword(s):  
National Security ◽  
Public Safety ◽  
Spanish Literature ◽  
The State ◽  
Security Forces ◽  
State Security ◽  
Spanish Constitution ◽  
National Flag ◽  
The Military

Las banderas ya no tienen finalidad táctica, pero como símbolo de la nación, representan los valores superiores expresados en la Constitución de 1978.A diferencia de las Fuerzas Armadas, donde las banderas se mantienen como parte de las tradiciones, y aportan gran brillantez a los actos militares, en la literatura española existen pocos estudios relativos a la bandera en el ámbito de las fuerzas y cuerpos de seguridad del Estado.Tras un breve repaso a la normativa vigente en el ámbito de la Vexilología, este trabajo aborda el procedimiento para la concesión del derecho de uso de la enseña Nacional a distintas unidades de las fuerzas y cuerpos de seguridad de ámbito estatal, así como sus modalidades, uso y colocación en actos oficiales, honores y protocolo.Finalmente, se analizan las peculiaridades del ceremonial en el acto de entrega de la bandera, como distinción que se otorga en reconocimiento a la labor que desarrollan como garantes de las libertades públicas y de la seguridad ciudadana, considerando la distinta naturaleza -militar y civil- de ambos cuerpos de seguridad. _________________ The flags are no longer tactical, but as a symbol of the nation, they represent the higher values expressed in the Spanish Constitution of 1978.The Army has kept flags as part of the traditions, and provide great brilliance to the military acts. Instead, in Spanish literature there are few studies about the flag in the State Security Forces.After a brief review of current legislation in Vexillology, this paper deals with the procedure for bestowal of the use the National Flag to different units of the National Security Forces, as well as their modalities, use and placement in official events, honours and protocol.Finally, we analyze the peculiarities of ceremonial in the Act of delivery of the flag, as a distinction that is given in recognition of the work they perform as guarantors of citizen freedoms and public safety, considering the different nature - military and civil- of both security Forces.

scholarly journals Prioritizing Foreign Investment In APEC

2018 ◽  
Vol 18 (3) ◽  
pp. 20180025 ◽  
Author(s):  
Anthony J Makin ◽  
Andreas Chai
Keyword(s):  
Economic Development ◽  
International Trade ◽  
Free Trade ◽  
Foreign Investment ◽  
International Investment ◽  
Trade Flows ◽  
Living Standards ◽  
Asia Pacific ◽  
Goods And Services ◽  
Trade And Investment

Expanded international trade in goods and services has driven economic development in the Asia-Pacific since the 1994 APEC Bogor declaration that called for free trade and investment in the region. Despite this goal, APEC has predominantly focussed on international trade rather than investment. To redress this bias, the paper first highlights the benefits from increased international investment before examining APEC foreign investment flows relative to trade flows in APEC economies. It then examines key trends before concluding that APEC should prioritize foreign investment to accelerate economic development and living standards in the region.

“Recognize the Spies”

2015 ◽  
Vol 59 (4) ◽  
pp. 50-65 ◽  
Author(s):  
Sarah Kendzior
Keyword(s):  
National Security ◽  
Political Discourse ◽  
The State ◽  
The Internet ◽  
Security Services ◽  
State Security

This article uses the example of Uzbekistan's national security services to consider how the psychic influence of a police state reveals itself online. What happens when the 'spectral double' of the police becomes a point of focus in a medium known for its transparency? I argue that although the Internet gives citizens the capability to organize and interact, it does not relieve their fears and suspicions; instead, it often intensifies them. Despite the 'transparency' that the Internet affords—and sometimes because of it—there are qualities bound up in the architecture of this medium that give rise to paranoia. Using examples from Uzbek online political discourse, I show how the Internet has fueled suspicion and fears about the state security services despite attempts to demystify and assuage them.

scholarly journals PRACTICAL ASPECTS OF CUSTOMS AFFAIRS: EXCHANGE OF INFORMATION ON COUNTRY OF ORIGIN OF GOODS

2019 ◽  
pp. 119-123
Author(s):  
V.Р. Zhdanova
Keyword(s):  
European Union ◽  
International Trade ◽  
Free Trade ◽  
Country Of Origin ◽  
Free Trade Agreements ◽  
Trade Agreements ◽  
The State ◽  
The European Union ◽  
Association Agreement ◽  
Exchange Of Information

Today, for the State Fiscal Service of Ukraine, one of the priority areas of international customs cooperation is cooperation with the customs authorities of other countries on the fulfillment of the terms of current free trade agreements. In this context, the exchange of information on the country of origin of goods moving across the customs border of Ukraine is of particular importance, which is one of the important factors for intensifying trade between Ukraine and the European Union. The Association Agreement between Ukraine and the European Union defines a number of obligations that Ukraine must fulfill in order to harmonize national legislation with the requirements of the relevant legislation of the European Union. Please note that there are now over 400 аgreements about free trade and preferential trade agreements that reduce customs tariffs on certain goods, provided they meet the specified origin criteria. However, many participants in foreign economic activity ignore the fact that they may claim tariff preferences or are uninformed in determining whether the goods they buy or sell are entitled to preferential treatment. As a result, many international trade participants pay a fee for goods originating in countries that are parties to the Free Trade Agreements, losing a financial advantage over their competitors. However, many exporters also lose business opportunities, and micro, small and medium-sized enterprises are particularly affected. This article is aimed at exploring the main aspects of legal and organizational support for the exchange of information on issues of the country of origin of goods in the course of customs in Ukraine. The author also intends to explore aspects of international cooperation of the State Fiscal Service of Ukraine with other customs authorities in determining the country of origin of goods moving across the customs border of Ukraine. Determine the possibility of further application of the preferential conditions provided for in the Free Trade Agreements concluded with the participation of Ukraine in the prevention, detection, and/or termination of customs-related violations of the origin of goods. Keywords. information, exchange of information, product, country of origin of the product, international trade.

scholarly journals TRANSPARENCY PROVIDING FOR INTERNATIONAL TRADE REGULATION WITHIN GATT / WTO

2018 ◽  
pp. 99-104
Author(s):  
Viktoriia Yakovchenko
Keyword(s):  
International Trade ◽  
Free Trade ◽  
Free Trade Agreements ◽  
Trade Agreements ◽  
Trade Regulation ◽  
Goods And Services ◽  
Wto Agreements

The article deals with the main principles of the WTO agreements as for the trade in goods and services that provide for transparency. The importance of the factor of transparency for the development of international trade is analysed. The main mechanisms for ensuring the transparency of regulation of international trade at the national and multilateral level are determined. The obligations of WTO members to respect the principle of transparency are outlined. The main problems of application of the principle of WTO transparency in the field of bilateral free trade agreements are considered.

INTERNATIONAL TRADE MEDIATION AS A METHOD OF DISPUTE RESOLUTION IN INTERNATIONAL LAW

2018 ◽  
Vol 28 (6) ◽  
pp. 2019-2025
Author(s):  
Fjolla Kaprolli
Keyword(s):  
International Trade ◽  
Dispute Resolution ◽  
Common Interest ◽  
Alternative Methods ◽  
Special Importance ◽  
Trade Disputes ◽  
Goods And Services ◽  
Trade Law ◽  
International Trade Law ◽  
The World

In today's conditions, where economies have open doors all over the world and which conditions operate in the global marketplace, a very important and significant place takes the international trade and the discipline that deals with the study of norms that regulate the way of acting in the international trade for the exchange of goods and services is the International Trade Law. As a result of the liberalization of the world market and as a result of the large number of international trade exchanges of goods and services, the progress and development of enterprises in the national economy, along with the development and advancement of the national economies of the states, proportionally are increasing the importance of this legal discipline. With the exchange of goods and services between subjects in a commercial relationship whether it is a national or international trade exchange and without taking into account the purpose which is to be achieved in that particular commercial relationship, whether it is the sale or purchase of services or goods, are intended to increase their capital. But these cases do not always end with the signing of the legal act and in doing so, with the exchange of goods or services which are the object of that legal act. In these cases, the risk for the appearance of any kind of disputes between the parties is really great. It is not accidental the attempt to escape international trade disputes, which is of common interest to the participants in such trade relations, so that there is as few as possible controversies and disputes between them. But in cases where the interests of buyers and sellers are contradictory, it is pointless to have no disputes at all, so since a dispute cannot be avoided in any way, the same should be resolved. Since judicial procedures in national legislation have a bad background regarding to the inefficiency of case solutions and their unnecessary extensions, theorists and practitioners in recent years have developed several alternative methods for more peaceful and faster solutions to disputes in general and international trade disputes in particular such as arbitration and mediation as two methods that are most important and most often used in practice. The object of this scientific paper firstly will be the elaboration of international trade disputes and then the resolution of disputes that arise in that field by alternative methods of dispute resolution with particular emphasis on the mediation. The implementation of mediation in the resolution of international trade disputes is of special importance for international trade law, it is voluntary and as such during dispute resolution, time is the first aspect and then comes money as the second aspect that are also saved during resolution of disputes through mediation, because mediation provides solution of disputes with small amount of expenses or sometimes it can be said that that amount of expenses look symbolic compared to court expenses.

China

2006 ◽  
Author(s):  
Jack Goldsmith ◽  
Tim Wu
Keyword(s):  
Stainless Steel ◽  
National Security ◽  
The State ◽  
Psychology Student ◽  
University Campus ◽  
Communist Manifesto ◽  
State Security ◽  
People’S Daily ◽  
Normal University ◽  
The Government

“Long live prostitutes” was the title of Wang’s posting. Fifteen years old, living in China, and full of teenage bluster, Wang had collected fifty-four reasons to think Chinese politicians worse than prostitutes. The list included:… • There is no indicator that prostitutes will disappear, but there are many indicators that the government will collapse. • Prostitutes allow others to oppose them, unlike the government which arrests opposition and “re-educates” them through labor. • Prostitutes have no power, unlike those who use their power to suppress others. • Prostitutes do not need you to love them, unlike that group which forces you to love it. • Prostitutes win customers with credibility, unlike those who maintain power with lies. • Prostitutes sell flesh, unlike those who sell soul…. Liu Di was a psychology student at Beijing Normal University who called herself the “Stainless Steel Mouse” and ran an “artist’s club” through her personal website. In 2002, in one of her many stunts, the twenty-two-year-old urged her followers to distribute Marxist literature:… Let’s conduct an experiment of behavioral art: disseminating communism on the street! We can print copies of “The Communist Manifesto.” However, we should take “Communist” out of the title. Then, like sociologists, we ask people on the street to sign their names onto the Manifesto…. Liu Di wrote an essay titled “How a national security apparatus can hurt national security.” Echoing typical criticism of governments everywhere, she called China’s security apparatus “limitless,” or possessed of “a tendency to expand, without limits, its size and functions.” Wang’s message and the writings of Liu Di appeared on obscure Internet sites. Nonetheless, they came to the attention of the Chinese authorities and provoked swift action. Soon after Wang posted his message, it was deleted. He was arrested in Henan and subjected to an unspecified punishment. Wang’s story was printed in the People’s Daily as a warning, with the headline “15-Year-Old Youth Punished For Making Reactionary Argument That the Government is Prostitute” The State Security Protection Bureau arrested Liu Di on her university campus on November 7, 2002.

scholarly journals TPP, American National Security and Chinese SOEs

2017 ◽  
Vol 16 (4) ◽  
pp. 655-671 ◽  
Author(s):  
RAJ BHALA
Keyword(s):  
National Security ◽  
Free Trade ◽  
Free Trade Agreements ◽  
The United States ◽  
Middle Kingdom ◽  
Goods And Services ◽  
Cross Border ◽  
Bona Fide ◽  
Definition Of ◽  
Managed Trade

AbstractFree trade agreements (FTAs) are about far more than free trade. They are about national security. A trade deal may be ambitious in liberalizing or managing cross-border flows in goods, services, intellectual property (IP), and people, but to argue for or against an FTA solely along the axis of free versus managed trade is to miss another vital purpose – the deal can, and indeed should, advance national security. This article makes two points. First, the Trans-Pacific Partnership (TPP) exemplifies the possibility of enhancing the national security the United States, through containment of China and its ruling Chinese Communist Party (CCP). Second, the debate over the definition of state owned enterprise (SOE) is one among many illustrations in the TPP of the link between national security, trade, and containment. The 12 nations negotiating the TPP were aware of this link, and deliberated the definition of ‘SOE’. The TPP excluded the Middle Kingdom from the founding members, while the founders wrote the TPP rules to bind China if it subsequently joined the deal. Chinese SOEs were of concern to them, for bona fide national security reasons, and so also were legitimate sovereign interests in providing goods and services through their own SOEs. The evaluation by America and its 11 TPP partners, as to which entities should be included in the scope of SOE disciplines led to a set of clear rules.

Security of the State and National Security. Main Research Positions and the Practice of the Polish Legislator

2020 ◽  
Vol 33 (33) ◽  
pp. 40-73
Author(s):  
Waldemar Kitler
Keyword(s):  
National Security ◽  
Public Administration ◽  
The State ◽  
Mutual Relationship ◽  
Main Research ◽  
State Security ◽  
Organizational Activity ◽  
Organizational Activities ◽  
Polish Law

The author is of the opinion that the commonly accepted view about the identity, the concept, and the content of state security and national security in Poland is burdened with numerous flaws, which is confirmed by the legislative practice, planning, and the organizational activity of the state. The author poses a question whether mutual relationships between the concepts of state security and national security exist in the views of Polish theorists and in Polish legislation and, if they do, what they are. Of the methods of establishing the identity of state and national security and the mutual relationship between these terms, one of the ways to see the complexity of the issue is to refer to legislation. The author puts forward a hypothesis that both Polish law and the practical planning and organizational activities of public administration and other entities provide many arguments that these concepts are not identical, but there are strong axiological, epistemological, and ontological links between them. The author is convinced that determination of the domain of the concepts in question and the relationships between them will make it easier for public administration bodies to plan, organize, and carry out specific tasks in the field of security.

scholarly journals Transformation of the concept of state security

Legal Ukraine ◽  
2020 ◽  
pp. 12-23
Author(s):  
Serhii Hordiienko
Keyword(s):  
National Security ◽  
Political Power ◽  
Negative Impact ◽  
The State ◽  
State Security ◽  
Political Sovereignty ◽  
Qualitative State ◽  
Definition Of ◽  
The Individual ◽  
Political Economic

The paper considers the genesis of the theory of the concept of state security in Ukraine, its legal dimension, the definition of a set of state bodies, each of which has its own competence. Based on the fact that the most acceptable definition of the state is its definition as an organization of political power, it is noted that the security of the state as a system of political power in Ukraine depends on its political, economic, scientific and scientific-technological components. The author notes that the term «state security» is defined as a qualitatively defined by law state of functioning of the state as a political institution of power, which is achieved by predicting, preventing, detecting and minimizing the negative impact of existing and likely threats to the main features of the state, sovereignty, monetary and tax systems) and allows the state to effectively implement its social purpose to ensure the further development of the individual (citizen), society and the state. Thus, the hypothesis that the security of the state as an apparatus of power and management is provided by a large number of its bodies, each of which has its own competence, finds its preliminary confirmation. In the future, the author substantiates this in more detail on the example of other theoretical developments and existing legislation. Key words: national security, components of national security, threats to national security of Ukraine, qualitative state of state security, rules of definitions, state security and state security, security of state-political, constitutionally legitimized political system of state, security of state formation and constructive policy, political sovereignty, territorial integrity of Ukraine and inviolability of its borders, security of institutions of state power, security of national-state interests in the sphere of economy.

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