Non-Compliance in WTO Dispute Settlement: Assessing the Effectiveness of WTO Retaliation from Its Purpose(s)

<p>The issue of non-compliance with the Dispute Settlement Body (DSB) recommendations and rulings emerges when the violator state fails to bring its inconsistent measures into conformity with its WTO obligations within a reasonable period of time. Compensation and suspension of concessions or other obligations (retaliation) are the only remedies provided under WTO law for cases of non-compliance. Many academic writings, as well as statements from WTO Members, have demonstrated pessimism concerning the effectiveness of these remedies, particularly retaliation. The central point of this thesis concerns three main issues: the problems of WTO retaliation, the question of the effectiveness of retaliation, and the purposes of retaliation. This thesis aims to provide another perspective, besides the common “harm-resulted” perspective, for assessing the effectiveness of WTO retaliation. Accordingly, it provides several approaches: (1) identification of the purpose of retaliation in order to assess its effectiveness; (2) analysis of the enquiry whether there are in fact several purposes of WTO retaliation; (3) examination of the question whether the presence of retaliation purposes other than that inducing compliance is within the ambit of WTO law; (4) consideration of retaliation as a way of inducing a mutually agreeable solution; and (5) consideration of the question whether any deviation from strict compliance would undermine the WTO dispute settlement system. On the basis of extensive research on the purposes of WTO retaliation, namely through interpreting Article 22 of the DSU, examining the design of WTO treaty, assessing the academic writings/debates as well as the statements of arbitrators; several conclusions are made, of which the main one is that inducing compliance is not the sole purpose that WTO retaliation can pursue. Therefore compliance is not the only benchmark by which the effectiveness of WTO retaliation should be measured.</p>

Non-Compliance in WTO Dispute Settlement: Assessing the Effectiveness of WTO Retaliation from Its Purpose(s)

<p>The issue of non-compliance with the Dispute Settlement Body (DSB) recommendations and rulings emerges when the violator state fails to bring its inconsistent measures into conformity with its WTO obligations within a reasonable period of time. Compensation and suspension of concessions or other obligations (retaliation) are the only remedies provided under WTO law for cases of non-compliance. Many academic writings, as well as statements from WTO Members, have demonstrated pessimism concerning the effectiveness of these remedies, particularly retaliation. The central point of this thesis concerns three main issues: the problems of WTO retaliation, the question of the effectiveness of retaliation, and the purposes of retaliation. This thesis aims to provide another perspective, besides the common “harm-resulted” perspective, for assessing the effectiveness of WTO retaliation. Accordingly, it provides several approaches: (1) identification of the purpose of retaliation in order to assess its effectiveness; (2) analysis of the enquiry whether there are in fact several purposes of WTO retaliation; (3) examination of the question whether the presence of retaliation purposes other than that inducing compliance is within the ambit of WTO law; (4) consideration of retaliation as a way of inducing a mutually agreeable solution; and (5) consideration of the question whether any deviation from strict compliance would undermine the WTO dispute settlement system. On the basis of extensive research on the purposes of WTO retaliation, namely through interpreting Article 22 of the DSU, examining the design of WTO treaty, assessing the academic writings/debates as well as the statements of arbitrators; several conclusions are made, of which the main one is that inducing compliance is not the sole purpose that WTO retaliation can pursue. Therefore compliance is not the only benchmark by which the effectiveness of WTO retaliation should be measured.</p>

Cloud Functions Using Server less Computing

Cloud Function in the simplest words is a Function-as-a-Service (FaaS). FaaS is actually a family of the serverless computing category. “Serverless” means that the user can focus on its application logic without dealing with infrastructure at all. Painless development, deployment, and maintenance of a web API is still not a turn-key solution, although modern web application frameworks have improved dramatically in the last few years. Serverless is without any doubt a game-changer. The event-driven approach combined with a scalable and robust cloud ecosystem offered by the main top cloud vendors opens endless opportunities. Cloud Functions is Google Cloud’s event-driven serverless compute platform. FaaS is a real NoOps technology, it completely abstracts away servers. Cloud Functions are developed with the sole purpose to build event-driven architectures. These can react to events like file changes in storage, messages in the queue, or any HTTP request. Index Terms: Cloud Computing, Serverless Technology, Function as a Service, Lambda Functions and Functions

Confronting the challenges of global complexity

Enabling science to improve policy is essential to provide human security, advance well-being and protect the global commons. While advances in science and technology now permit new solutions to mounting challenges, we must use these breakthroughs to strengthen constructive collective action at appropriate scales, from the sub-national to the global. We must abandon hubris and recognize the challenge of navigating complex systems. The sole purpose of every government is to enable the well-being of its citizens. That requires thoughtful, honest efforts to design systems of governance, from local to global, that will promote equity, human security, and sustainability.

RELIGIOUS TOURISM: AN INSIGHT INTO THE ISLAMIC TOURISM OF TABLIGHI JAMAAT

Islam is not merely the set of religious rituals or beliefs but a complete way of life. There is not even a single matter, no matter how peculiar, awkward or dull it may seem, about which Islam does not deals or directs. In all behind every act, including tourism, there is sole purpose seeking the pleasure of God-Almighty Allah, by following His commandments. Islam encourages travel or tourism and hospitable behavior, and unlike west connects it with the most sublime and honorable values and morals. It is in this backdrop, the focus of the present study is ‘Tablighi Jamaat’- an Islamic revival movement, founded by Maulana Ilyas in Mewat region near Delhi-India, around 1920’s. This movement has come to establish its presence surprisingly in and over one hundred and fifty countries throughout the world with a large number of adherents in between 100 to 150 million. This is principally, because of its unique ‘travel and tourism’ approach, which it has adopted as a daw’ah (invitation towards Islam) methodology. Consequently and interestingly, because of this fact ‘the travel and tourism approach,’ the movement has also been named as ‘travelers in faith’. This paper is primarily based on secondary sources and the main objective of the paper is to provide an insight into the religious tourism of Tablighi Jama’at.

‘Better a Witty fool than a foolish wit’- Who are these Fools?

The paper focuses on the most remarkable personality was and is seen in the dramas and plays on stages around the world, “The Jokers”. They had played a vital role, connecting the characters in a play and the audience with the play. Though they were portrayed differently in different traditions around the world, their sole purpose was to break the fourth wall in the theatre. Are they ‘witty fools or foolish wits’? is the question debated in the paper. Whatever they are called, they were inevitable as the purpose is to bring entertainment combined with wisdom. Knowledge and humour were their strong power they inherited which was making them special, hence some cultures worshiped them and feared too. Right from ancient period until now histories mark them as intelligent beings in courts and theatrical plays. Were they interpreted rightly or understood correctly? becomes a question unanswered. Their presence in the courts was a boon for some kings keeping them sane at certain situations, relieving their stress. The exploration here is were they doing the same in these plays or much more. Are the fools or jokers seen in the plays necessary? , comic relief they provide is a must or can be ignored to save time are the explorations made in this paper. The talents they possessed is also scrutinized in the paper to show what made them special in plays and courts and how they lived through periods in the minds of people.

Article 24—Amendments to Directives 96/9/EC and 2001/29/EC

This chapter cites Article 24 of the European copyright directive in the Digital Single Market, Directive 2019/790, which begins with an amendment of Directive 96/9/EC on the legal protection of databases. It looks at the replacement of Article 6 of Directive 96/9/EC, which deals with the use of data for the sole purpose of illustration for teaching or scientific research. It also mentions the revision of Article 9 that covers the extraction for the purposes of illustration for teaching or scientific research, which is indicated and justified by a non-commercial purpose. The chapter highlights the amendment of Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society. It discusses the changes in Article 5 of Directive 2001/29/EC, which outlines specific acts of reproduction that are made by publicly accessible libraries, educational establishments, museums, or archives.

Article 5—Use of Works and Other Subject Matter in Digital and Cross-Border Teaching Activities

This chapter analyzes Article 5 of Directive 2019/790, copyright directive of the Digital Single Market in Europe. It discusses the use of works and other subject matter for the sole purpose of illustration for teaching through secure electronic environments that occur solely in the Member State where the educational establishment is founded. It also mentions the task of Member States to provide fair compensation for rightholders for the use of their works or other subject matter. The chapter explores the exceptions and limitations outlined in Directive 2019/790, which seek to achieve a fair balance between the rights and interests of authors, other rightholders, and users. It cites the protection of technological measures established in Directive 2001/29/EC that remains essential to ensure the protection and the effective exercise of the rights granted to authors and to other rightholders under the Union law.

THE REPRESENTATION OF SOCIETAL GAP IN THE FILM PARASITE

Societal gap is a phenomenon that exists between the layers of society which creates mass significant differences between it. Through the movie Parasite, Bong Joon Ho successfully portrayed a visualization of the societal disparity issue that happens between two South Korea families with different economic backgrounds. This research’s sole purpose is to analyze and evaluate the representation of societal gap which is depicted thoroughly in Parasite’s filmography. This research uses the method of qualitative research with John Fiske’s semiotic analysis. The subject is the movie Parasite which is directed by Bong Joon Ho. The data is obtained by the method of observing and documentation. The data’s unit of analysis is picked solely by the scenes that interpret signs of societal gap, which rounds up to 31 scenes. The data’s examination technique uses the technique of source’s triangulation. The research has brought up a few results such as, (1) The reality level and societal gap is represented in aspects of appearance, the way each families speak, behavior, movements, expression, and the environment that they reside at. (2) The level of representation and societal disparity is illustrated through aspects of the film such as, camera, lighting, music, and voices. (3) The level of ideology and portrayals of societal gap values can be assured to contain values of socialists and capitalists. In the aspect of socialists, the societal gap is seen as something that stands out because of the significant differences that exist between the different layers of society. Meanwhile, the capitalist values can be seen in how the movie has portrayed how a person with a higher position in the society is the capital holder and the ones that exist in the middle to the lower class of society depends themselves on the ones that resides on the higher class of society.

IX. Zu Ursprung und Zweck der sog. laesio enormis

Reflections on the origin and scope of so-called laesio enormis: This paper attempts to show that the doctrine of so-called laesio enormis has its roots neither in social or economic reasons nor in moral or religious reasons. In the famous constitution C. 4,44,2 (lex secunda) Gregorius, a secretary of petitions under emperor Diocletian, has to solve a delicate juridical problem concerning agency: A father had sold land belonging to his son (as a procurator) for less than half of its true value, obviously committing fraud. According to classical law (Iul. D. 41,4,7,6) the dominus negotii is allowed to sue a buyer of good faith if his procurator sells land below value for the sole purpose of causing loss. But as a son is not allowed to assert his father’s dolus (cf. for example C. 2,50,5,1), C.4,44,2 establishes objective criteria instead in order to decide in favour of the son. This allows us to explain the ultra dimidium rule, the criterion of pretium iustum, the right of the buyer to pay the difference, as well as the facts that the lex secunda is cited in C. 4,44,8 (by Hermogenian) as a precedent and that later constitutions (as CTh. 3,1,1; 4; 7) ignore a laesio ultra dimidium. Futhermore the paper discusses the procedural rules of the rescission of such a sale under Diocletian.