scholarly journals National treatment in international trade: National law and international standards

2014 ◽  
Vol 48 (3) ◽  
pp. 139-152
Author(s):  
Drago Divljak
Keyword(s):  
International Trade ◽  
International Standards ◽  
National Treatment

scholarly journals Problems of the preliminary customs informing system and the introduction of the Single Window at the sea check points of the Russian Federation

2018 ◽  
Vol 239 ◽  
pp. 04004 ◽  
Author(s):  
Svetlana Maydanova ◽  
Igor Ilin
Keyword(s):  
Developing Countries ◽  
International Trade ◽  
Russian Federation ◽  
International Organizations ◽  
International Standards ◽  
Eurasian Economic Union ◽  
Check Points ◽  
The Russian Federation ◽  
Economic Union ◽  
National Governments

The Single Window concept in the international trade and logistics has been explored by international organizations and national governments over the last two decades. International standards and recommendations, government decisions on this approach are widespread today in both developed and developing countries. Similar decisions and legal acts were implemented during the last ten years by the Russian Federation, as a member of the Eurasian Economic Union. This article provides overview of the following coherent stage – the implementation of preliminary customs informing system at sea check points of the RF with concerns of the Single Window introduction.

scholarly journals Food safety, agro-industries, and China’s international trade: A standard-based approach

2018 ◽  
Vol 32 (3) ◽  
pp. 400-422 ◽  
Author(s):  
Louis Augustin-Jean ◽  
Lei Xie
Keyword(s):  
International Trade ◽  
Food Safety ◽  
International Standards ◽  
Food Markets ◽  
Cattle Feed ◽  
Market Structures ◽  
Domestic Markets ◽  
Existing Problems ◽  
Global Standards ◽  
Food Standards

Economic sociology views markets as organizations characterized by power relations. In this framework, competition is not only for price or quality, but also for market structures, including norms and standards. Food standards, therefore, are not only public goods or tools to protect domestic markets, but they also aim to redesign the rules of the market and provide a competitive advantage to firms and national industries: they are part of the politicization of science. This article argues that China is participating in this form of competition. Since its WTO membership, it has gradually learnt the rules of globalization and has implemented many global standards to benefit from international trade. In recent years, however, it has assumed a more proactive role in reframing international standards of agro-food markets in general and food safety in particular, despite existing problems in its domestic food markets. Three case studies – milk imports; the diplomatic and trade competition for the implementation of a ractopamine (an additive in pig and cattle feed) standard; and the current negotiations for new international standards for cotton – show how China is using different strategies and methods to redesign the shape of international trade.

Part 10 Enforcement: Exécution, Art.106 Supervision of enforcement of sentences and conditions of imprisonment/Contrôle de l’exécution de la peine et conditions de détention

2016 ◽  
Author(s):  
Schabas William A
Keyword(s):  
Human Rights ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
The State ◽  
Fundamental Rights ◽  
International Standards ◽  
National Treatment ◽  
Receive Treatment

This chapter comments on Article 106 of the Rome Statute of the International Criminal Court. Article 106 strikes a balance between the general carceral system applicable in the State of enforcement that applies to the Court's prisoner, and the requirement of generally accepted international standards drawn from human rights instruments. This ‘national treatment’ clause was originally introduced to ensure that prisoners of the Court would not receive treatment that was worse than that of ordinary prisoners. The primary function of the provision is protecting the fundamental rights of the prisoner. The article also declares that Communications between a sentenced person and the Court shall be unimpeded and confidential.

Blockchain-based smart contract for international business – a framework

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Deepankar Sinha ◽  
Shuvo Roy Chowdhury
Keyword(s):  
International Trade ◽  
Data Structure ◽  
Value Chain ◽  
Information Structure ◽  
International Standards ◽  
Future Research ◽  
Global Trade ◽  
Content Type ◽  
Blockchain Technology ◽  
Smart Contract

Purpose Cross border trade, involving different business environments between the sellers’ and buyers’ countries, may result in conflicts because of asymmetry in the information structure across the borders. The International Chambers of Commerce (ICC) has laid down ground rules on terms of shipment and payment, enabling harmonization and standardization of business process, and fixing of responsibilities for international trade. The international commercial (INCO) terms by ICC define the duties, obligations and cost borne by the exporter and the importer. An exporter’s uncertainty looms once the goods cross his/her border. Therefore, there is a need for a smart contract that is secured, transparent, legitimate and trustworthy. The authors propose a blockchain technology-based smart global contract (BTGC) framework for international trade. Design/methodology/approach In this paper, the authors develop the framework based on value chain analysis (VCA) of international trade and an ontology-driven-blockchain-design approach. The paper analyzes the sequence of activities in the value chain of global trade, the terms of the contract, the data structure templates, the validation rules and the points-of-failure, and proposes the smart contract blockchain structure. Findings This paper proposes the BTGC framework considering the INCO terms 2020; it provides the validation rules and the probability of failures; and identifies the elements that cause the halting of contracts and conditions of creation of side blockchains. The framework also includes the governance of the BTGC system. Research limitations/implications The proposed framework not only has implications at the firm level as it automates and secures a global sale contract but also is expected to harmonize the global-trade process as well. The developers may use the attributes, data structure templates and the rules identified in this paper for developing the GC software. Future research may consider using case analysis, class diagrams and the related steps for developing the blockchain software. Originality/value This paper proposes a complete value chain of global contract (GC) concerning exports, an ontology of GC and a blockchain-based smart-contract framework based on global standards. Besides, it specifies the elements of fraud (such as the non-integration of side chains) and uncertainty, i.e. the probability of failures. Such a framework will harmonize the global-trade process and build an international standards for smart GC based on blockchain technology (ISSGCBT), which is not yet done.

scholarly journals Global Efforts to liberalize World Trade in Services

2019 ◽  
Vol 6 (1) ◽  
pp. 48
Author(s):  
John Mylonakis
Keyword(s):  
International Trade ◽  
World Trade ◽  
Free Market ◽  
International Standards ◽  
International Negotiations ◽  
Trade In Services ◽  
Host Countries ◽  
Republic Of China ◽  
Trade Relations ◽  
Flow Of Information

In every international or global trade summit, one can easily find the element of the Services. Nonetheless, Services companies continue to encounter obstacles to entering and operating in new markets, due to various protectionist measures in host countries. International negotiations help to globalize the Trade in Services and apply international standards and rules to facilitate information flow and partnerships, which increase world trade and further develop international trade relations. The existence and implementation of international standards and rules in all areas of the Services could facilitate the flow of information and partnerships that would increase world trade and improve international trade relations. Efforts to reach a new world agreement in Services are constantly stumbling into the refusal of the Least Developed and Developing Countries to curb the various policies of protectionism and free market penetration. The example of BRICS (Brazil, Russia, India, People's Republic of China, South Africa) may be a good paradigm in international negotiations but still to be proved.

scholarly journals The TBT Panels: US–Cloves, US–Tuna, US–COOL

2013 ◽  
Vol 12 (2) ◽  
pp. 327-375 ◽  
Author(s):  
ROBERT HOWSE ◽  
PHILIP I. LEVY
Keyword(s):  
Economic Analysis ◽  
The State ◽  
International Standards ◽  
Legal Analysis ◽  
National Treatment ◽  
Economic Issues ◽  
Appellate Body ◽  
Key Points ◽  
Labeling Requirements ◽  
Technical Regulations

AbstractIn a series of controversial 2011 decisions, WTO DSM Panels sought to reconcile legitimate regulatory interests of the state with various obligations to treat imported products in an even-handed and not unnecessarily trade-restrictive manner. Among the key points of contention were which obligation pertained in each case – national treatment, limits on technical regulations, or rules governing standards. In each case, the Panel imposed significant restrictions on national regulatory practices, and in each case the Panel reasoning was challenged by the Appellate Body. This paper addresses some of the key legal and economic issues raised in the original Panel decisions, leaving the late-breaking Appellate Body decisions for future analysis. Given the unsettled nature of the terrain, the economic analysis focuses primarily on the question of national treatment, while the legal analysis deals with other interesting points that emerge from these rulings, such as the appropriate level of deference to international standards and the legitimacy of labeling requirements.

scholarly journals “National Intervention” in International Commercial Arbitration

2019 ◽  
Vol 19 (1) ◽  
pp. 81-107
Author(s):  
Carlos A. Esplugues
Keyword(s):  
International Trade ◽  
The State ◽  
International Standards ◽  
International Arbitration ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
State Practice

The use of international arbitration increased over the years as a result of growth in international trade. How the State intervenes in the process concerning the appointment of arbitrators, provisional measures and evidence, and in the enforcement of the judgment after arbitration, is analysed. This State practice is however, difficult to change since international arbitration operates in a structure based on differing national terms, and not on uniform international standards.

Sign in / Sign up

Export Citation Format

Share Document