International Law Enforcement

2014 ◽  
Author(s):  
Karen J. Alter
Keyword(s):  
World Trade Organization ◽  
Case Studies ◽  
World Trade ◽  
Family Law ◽  
Charles Taylor ◽  
West African ◽  
Law System ◽  
Us Congress ◽  
The Us ◽  
Second Use

This chapter presents four case studies covering all of the substantive domains in which international courts operate. The case studies show World Trade Organization (WTO) litigation pressuring the US Congress to change a tax policy that promoted US exports; the Andean Tribunal facilitating a retreat on the issuing of “second use patents”; and the Community Court of the Economic Community of West African States (ECOWAS) leading Niger to compensate Hadijatou Mani for enslavement in the customary family law system, as well as the indictment and arrest of Charles Taylor for crimes committed in a neighboring country. In all of these case studies, the ability of ICs to offer a remedy mobilized litigants, and ICs' rulings constructed focal remedies that compliance supporters could demand.

scholarly journals China's Accession into the World Trade Organization

2000 ◽  
Vol 15 (1) ◽  
pp. 111-127
Author(s):  
Gyoung-Gyu Choi
Keyword(s):  
World Trade Organization ◽  
World Trade ◽  
The United States ◽  
Special Focus ◽  
The European Union ◽  
Political Issues ◽  
Us Congress ◽  
The Us ◽  
The World ◽  
The Eu

This paper outlines the process of China's accession into the World Trade Organization (WTO) with special focus given to the negotiations between the United States and China, and the European Union (EU) and China. Various economic and political issues behind the scene explain why the US refused to accept China into the WTO for the last 14 years. The economic and political changes in America coupled with the economic and political changes in China placed the two countries in a position where a U.S-China bilateral agreement could be made. The EU acted as a free rider in these negotiations such that it achieved most of its objectives from the conclusion of the Sino-US negotiation. Moreover, the EU could have topped China's concession to the US if it had taken advantage of the opportunity right before the PNTR vote carne to the US Congress.

Russian Policy of Agriculture Support and the Necessity of Its Modification after WTO Accession

2012 ◽  
pp. 132-149 ◽  
Author(s):  
V. Uzun
Keyword(s):  
Comparative Analysis ◽  
World Trade Organization ◽  
Agricultural Production ◽  
World Trade ◽  
The Us ◽  
The World ◽  
Wto Accession ◽  
The Eu ◽  
Agriculture Support

The article deals with the features of the Russian policy of agriculture support in comparison with the EU and the US policies. Comparative analysis is held considering the scales and levels of collective agriculture support, sources of supporting means, levels and mechanisms of support of agricultural production manufacturers, its consumers, agrarian infrastructure establishments, manufacturers and consumers of each of the principal types of agriculture production. The author makes an attempt to estimate the consequences of Russia’s accession to the World Trade Organization based on a hypothesis that this will result in unification of the manufacturers and consumers’ protection levels in Russia with the countries that have long been WTO members.

scholarly journals PERSPEKTIF GLOBAL PENYELESAIAN SENGKETA INVESTASI DI INDONESIA

2011 ◽  
Vol 3 (1) ◽  
Author(s):  
Muhammad Syaifuddin
Keyword(s):  
World Trade Organization ◽  
World Trade ◽  
International Perspective ◽  
Global Perspective ◽  
Second Law ◽  
Foreign Investor ◽  
International Agreement ◽  
Law System ◽  
World Trade Organization Agreement ◽  
Conflict Solution

UUPM No.25/2007 is a yuridical consequence from World Trade Organization agreement (WTO) ratification. TRIMSs, aims to make investation law, including law on nvestation conflict solution hich is accordance with foreign investor tendency in global perspective namely; firts, the content has law characters which are definite, just, efficient; second, law spirit based directing the goverment and foreign investor to solve the investation conflict through national and international agreement  rather than court. The crisis of court institution in Indonesia must be solved by building court law system refering to pancasila as Indonesian investation law goal. That has been a requirement to form formal regulation for ideal investation conflict solution in local and international perspective<br />Pembentukan UUPM No. 25/2007 adalah konsekwensi yuridis dari ratifikasi Perjanjian WTO. TRIMs, yang bertujuan menciptakan hukum investasi, termasuk hukum penyelesaian sengketa investasi, yang sesuai dengan kehendak investor asing dalam perspektif global, yaitu: pertama, mengandung karakter hukum yang berkepastian, berkeadilan, dan berefisiensi; dan kedua, berlandaskan spirit hukum yang mengarahkan pemerintah dan penanaman modal asing menyelesaikan sengketa investasi melalui arbitrase internasional daripada pengadilan bahkan arbitrase nasional di Indonesia. Krisis lembaga peradilan di Indonesia harus diselesaikan dengan cara membangun sistem hukum peradilan dengan mengacu pada Pancasila sebagai cita hukum investasi Indonesia. Hal tersebut adalah  suatu syarat bagi terbentuknya aturan hukum penyelesaian sengketa investasi yang serasi dalam perspektif global dan lokal (Indonesia).

Turtles and Trade: The WTO's Acceptance of Environmental Trade Restrictions

2002 ◽  
Vol 2 (1) ◽  
pp. 12-18 ◽  
Author(s):  
Elizabeth R. DeSombre ◽  
J. Samuel Barkin
Keyword(s):  
United States ◽  
Environmental Management ◽  
International Trade ◽  
World Trade Organization ◽  
World Trade ◽  
Sea Turtle ◽  
Environmental Issue ◽  
Trade Restrictions ◽  
The Us ◽  
The World

The sea turtle has become an icon ofenvironmentalist opposition to the World Trade Organization. Two decisions by the WTO in 1998 against a United States law intended to force other countries to adopt more turtle-friendly rules attracted widespread attention. A third decision in 2001 which supported the US law, however, went almost entirely unnoticed. A closer examination ofthe three decisions suggests that the WTO willingly accepts the idea ofenvironmental restrictions to international trade applied unilaterally by countries. But it requires that the restrictions be fairly applied and nondiscriminatory, show signs of being effective, and be accompanied by efforts to deal with the environmental issue cooperatively. These are all requirements that environmentalists should find unobjectionable. As such, the cause of more effective international environmental management might better be served ifenvironmental activists and NGOs worked with the WTO rather than reacting automatically against it.

Ch.10 Layout-Designs (topographies) of Integrated Circuits

2020 ◽  
Author(s):  
Correa Carlos Maria
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Integrated Circuits ◽  
World Trade Organization ◽  
Intellectual Property Rights ◽  
World Trade ◽  
Trips Agreement ◽  
National Treatment ◽  
The Us ◽  
Treatment Principle

This chapter demonstrates how World Trade Organization (WTO) Members are bound to accord the treatment provided for in the Trade-related Aspects of Intellectual Property Rights (TRIPS) Agreement to the natural or legal persons that meet the criteria of eligibility for protection provided for under the 1989 Washington Treaty on Intellectual Property in Respect of Integrated Circuits, subject to the exceptions to the national treatment principle provided for therein (Article 3.1 of the TRIPS Agreement). Section 6, Part II, of the TRIPS Agreement essentially obliges Members to comply with the Washington Treaty. This obligation applies irrespective of the fact that the Treaty never entered into force. The protection of integrated circuits is the newest chapter in the intellectual property field. The first country to introduce a sui generis regime with that purpose was the US in 1984, followed by Japan in May 1985. With Section 6 of the TRIPS Agreement, the US and Japan obtained what they were unable to reach with the negotiation of the Washington Treaty. The Agreement gave them an opportunity to correct what they deemed weaknesses of the Washington Treaty, notably, the provisions relating to compulsory licenses, importation of products containing infringing semiconductors, and innocent infringement.

Explaining varying lobbying styles across the Atlantic: an empirical test of the cultural and institutional explanations

2016 ◽  
Vol 37 (4) ◽  
pp. 459-486 ◽  
Author(s):  
Marcel Hanegraaff ◽  
Arlo Poletti ◽  
Jan Beyers
Keyword(s):  
United States ◽  
World Trade Organization ◽  
World Trade ◽  
Empirical Test ◽  
The United States ◽  
Relative Importance ◽  
Observational Equivalence ◽  
The Us ◽  
United Nation ◽  
International Diplomatic Conferences

AbstractThere is consensus in the literature that policymaking in the United States (US) and Europe generates different lobbying styles. Two explanations for these differences have been developed so far. The first posits that distinct lobbying styles reflect differentpolitical cultures. The second attributes distinct lobbying styles to variation in theinstitutionalcontext in which lobbyists operate. Studies that have analysed lobbying within the US and Europe and assessed the relative importance of these arguments are problematic because both explanations are consistent with observed differences in lobbying style. In this article, we circumvent problems of observational equivalence by focussing on European and American lobbyists who are active in a similar institutional venue – that is, international diplomatic conferences. Relying on evidence collected at World Trade Organization Ministerial Conferences and United Nation Climate Summits, we tested the relevance of alternative explanations for the variation in lobbying styles between European and American lobbyists. Our results give robust support to the institutional argument.

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