Analysis of Genetically Modified Food Induced International Trade Law Issues

2017 ◽  
Vol 23 (1) ◽  
Author(s):  
Jiansheng Zhang ◽  
Yanan Chen ◽  
Yu Li

The advantages of genetically modified food are gradually highlighted because of the rapid development of modern transgenic technology. The trade proportion of genetically modified food in international trade products is increasing. Till now, legal regulations concerning the international trade of genetically modified food are still contradictory and conflicting, and a series of initiated legal issues about the international trade of genetically modified food becomes more acute. As a great power of transgenic crops planting, China should fully learn from the trade disputes of genetically modified food, perfect laws such as the safety management, approval and identification of import and export, accelerate the development of transgenic technology, and strengthen the mutual benefit and collaboration of the developing countries, thus to gain a strong competitive position in international trade and maintain the fundamental interests of China better.

2018 ◽  
Vol 28 (6) ◽  
pp. 2019-2025
Author(s):  
Fjolla Kaprolli

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.


2007 ◽  
Author(s):  
Linda C. Reif

The international trade law area is an arena where international tribunals are increasingly being used for the settlement of disputes. The Canada–U.S. softwood lumber dispute is a key example of how trade disputes have been made even more convoluted and intractable by the availability of multiple international and domestic fora for dispute settlement.The author of this article explores the use of NAFTA c. 11 in the softwood lumber disputes and argues that it will be of limited use for both Canadian and U.S. softwood lumber companies in future disputes. The author posits that c. 11 will remain available solely to contest U.S. measures affecting Canadian softwood lumber to the extent they do not fall within U.S. antidumping and countervailing duty law (as defined under NAFTA c. 19).


2018 ◽  
Vol 23 (4) ◽  
Author(s):  
Haiying Zheng ◽  
Yong Ma

Genetically modified products have gradually entered people’s life because of the rapid development of biotechnology. With the perfection and progress of relevant technologies, genetically modified products are successfully commercialized and flourish in the international market for its special advantages. But the safety of genetically modified products has not been confirmed; hence disputes of international trade emerge. To ensure the health development of international trade of genetically modified products, different countries and regions set up different degrees of legislative limitation. Through discussing the legal system of international trade of genetically modified products, this study introduced the status and characteristics of international trade of genetically modified products, analyzed the legal causes for trade disputes, and proposed corresponding countermeasures and suggestions for perfecting system. Developing countries should positively coordinate to perfect transgenosis related system, participate in the formulation of new trade rules, promote the construction of international trade laws to seek welfare, and drive the orderly development of genetically modified products.


2020 ◽  
Vol 2 (2) ◽  
Author(s):  
Idha Mutiara Sari

The increase of trading activities in economic globalization requires a strong international financial and trade system to distribute capital in the implementation of world trade. From the considerable problems in the globalization of trade, the international community has begun to draft several regulations that can be agreed together. Therefore, there is a need for rules and regulations in international trade relations, in this case, an agreement realizing the role of GATT/WTO as an international trade organization that determines and assists in resolving trade disputes between countries. Legal issues will be discussed in this paper is, 1) How is the implementation of GATT / WTO about anti-dumping law; 2) How is the implementation of anti-dumping law in Indonesia; 3) What is the legal aspect of dispute resolution of the case study in the alleged Dumping Wood Free Copy Paper case between South Korea and Indonesia. In this paper, the research method is normative legal research that accommodates regulations, decisions and general principles of (international-trade) law related to anti-dumping, case analysis, and structured classification with relevant theoretical studies to the topic of discussion.The results discussed in this paper are the role of GATT/WTO in dealing with anti-dumping in Indonesia regulation and implementation of anti-dumping in its legal territorial area, and South Korea’s anti-dumping case study on Indonesia. Conclusions from this paper include, Indonesia must better to protect a regulation regarding anti-dumping measures by enforcing strong laws and other anti-dumping regulations. It is a legal urgency as an export-import activity because in the implementation of international trade defence is not enough if a Government Decree regulates anti-dumping actions. Still, it must continue to update the rules of the WTO’s provisions which always develop.


2019 ◽  
Vol 4 (9) ◽  
pp. 174-176
Author(s):  
Md. Habib Alam

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.


Author(s):  
Md. Ashiquzzaman

International trade law refers to the import and export of goods and other things between the two countries. For international trade, it is a very important matter in the business sector to know and observe international trade law in details. In this article we will discuss international trade and international trade law. Which is a very important issue in international trade. The aim of this article was to try to discuss all of the international trade issues. This is just a general review of the different aspects of international trade. There can be different laws or customs for a country or a government about international trade that are not discussed here.


2017 ◽  
Vol 23 (3) ◽  
Author(s):  
Jinying Li ◽  
Ying Wang

With the rapid development of transgenic biotechnology, social economic benefits generated from it becomes more and more; however, the doubt on its safety never fades away. Whether transgenic technology is safe or not is always disputed. Different countries have released and established relevant genetically modified organisms safety management schemes and biotechnology risk communication mechanisms to ensure the long-acting, stable and healthy development of transgenic biotechnology. This study analyzed and compared the genetically modified organisms safety management schemes of United States and European Union and the biotechnology risk communication mechanisms of counties such as United States and Japan and then proposed some suggestions to perfect genetically modified organisms management regulations and risk communication long-acting mechanisms such as establishing sound laws and regulations, strengthening transgenic technology support, establishing information open monitoring platform and perfecting the risk communication function of relevant institutions, with the intention of ensuring the health and continuous development of transgenic organism industry. 


2007 ◽  
Author(s):  
Jeffrey L. Dunoff

The Softwood Lumber dispute between Canada and the United States is one of the longest and most expensive trade disputes in history. However, the Softwood Lumber dispute has been, if not misunderstood, at least underappreciated. To date, the dispute has attracted attention because of the substantial economic interests involved, the complexity and length of the litigation, and the doctrinal implications of the various decisions rendered in domestic and international proceedings. This paper seeks to demonstrate that Softwood Lumber's central importance lies elsewhere; for trade scholars, Softwood Lumber is of interest because it exposes three of the central challenges facing the international trade regime: the potential displacement of an international regime by a spaghetti bowl of regional and bilateral treaties; the status of international trade norms in domestic courts; and the problem of selective and halting compliance by powerful states. But these challenges are, in turn, instantiations of three central challenges facing the field of public international law, namely the fragmentation of international law; the relationships among proliferating transnational courts; and the limits of (international) legalization. Thus, the systemic issues raised by Softwood Lumberprovide a tour d’horizon of debates central to contemporary international trade law and public international law.


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