Principles of performing foreign economic transactions and contracts

In the context of complex political and socio-economic processes, that are characterized by the stratification of the property status of various segments of the population, by the growth of customs offenses, by the aggravation of the influence of destabilizing trends on the economic security of the state, the issue of creating an effective state system of customs and legal regulation of foreign economic activity of business entities becomes relevant. The variety of nomenclature of goods transported across the customs border, and the peculiarities of foreign economic operations determines the implementation of customs and legal regulation by a large number of state authorities, each of which, within the limits of their competence, is entitled to issue normative documents in the field of foreign economic activity and provide permits for foreign trade operations. The fulfillment of a foreign trade obligation is subject to both the terms of the agreement and the provisions of the normative sources of international trade law, and the customs of commercial turnover. Among the customs produced by many years of experience in international trade, the customs are distinguished, which have become general provisions, which in the civil doctrine are called the principles of fulfilling obligations. When drawing up an agreement, it is important to establish which state law will govern relations under a specific agreement, since there are significant differences in resolving the same issues in the law of different countries. The foreign trade sale and purchase agreement is the most common legal form of foreign economic agreement, which mediates the relationship between Ukrainian and foreign entrepreneurs. Its development in accordance with the principles of implementation, the development of conditions and obligations of the parties, the implementation requires special knowledge and skills, taking into account the specific features of the external market.

Investment Arbitration and the Chimera of an Ideal Adjudicative Community

Investment arbitrators – the men and women who adjudicate investor-State disputes – have become an object of study in their own right. Some stakeholders believe that investment arbitration’s institutional design creates perverse economic incentives, leading arbitrators to adopt strategic behaviours and biasing their decision-making processes. The United Nations Commission on International Trade Law is currently considering different models for reshaping the way adjudicators are selected and appointed. The rationale behind this reform seems to be to recruit a brand-new troupe, replete with new faces. But, more worryingly, there seems to be an obsession with the professional profile of adjudicators: prior experience in the field is increasingly perceived as a handicap, and repeat players are to be avoided like the plague. This article examines the evolution of the college of investment arbitrators and enquires about its potential future as a professional community.

Hedge or Counterweight? New Constitutionalism and the Role of the Canadian Charter of Rights and Freedoms in Intellectual Property Litigation

This chapter looks at Canadian intellectual property law through a new constitutionalist lens. Over the past few decades, Canada has been the target of several international measures in the area of IP law. The chapter examines these measures through the lens of the theory of new constitutionalism. Doing so suggests that these measures have certain significant similarities: they all seek to use international trade law as a means through which to lock in strong protections for owners under Canada's IP system and to limit the ability of either the Government of Canada or Canadian courts to shape IP laws so as to constrain the exclusive rights of IP owners. Beginning from the position that IP rights ought to ‘serve human values’, the chapter proceeds by considering whether, and to what extent, the Canadian Charter of Rights and Freedoms (Canadian Charter) can produce counter-norms to those promoting strong protection for right-holders that are provided by international trade law. It argues that while the Canadian Charter has traditionally had little impact on Canada's IP system, it can and ought to play a more prominent role in this area by helping to preserve space for the Government of Canada to legislate in the public interest.

The Revitalisation of the Object and Purpose of the TRIPS Agreement

The limited role the objectives and principles of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) (Arts 7 and 8) have played so far in the interpretation and implementation of its substantive provisions has often been criticised. The WTO Panel and Appellate Body Reports in the ‘Australia—Plain Packaging’ dispute are likely to change this situation for the future as, for the first time, the World Trade Organization (WTO) dispute settlement bodies fully engaged with Arts 7 and 8 to interpret Art 20 relative to the use of trade marks. Reliance on these provisions led the Panel and the Appellate Body to conclude that there are legitimate reasons for which Members may encumber trade mark use. The awakening of these two long dormant provisions could have a fundamental impact in offering the possibility of a more flexible reading of TRIPS. It could indeed secure the adaptability of intellectual property rights to the evolution of economic, technological and social circumstances by guaranteeing a more balanced interpretation of the limitations and exceptions included in the Agreement, for example, as advocated several years ago by a group of international IP scholars in the ‘Declaration on a balanced interpretation of the three-step test’. Furthermore, the use of these two provisions could serve as a gateway for the taking into account of ethical imperatives, supported by international human rights in the interpretation of the TRIPS norms, such as, for example, public health imperatives, crucial in the context of pandemics. Such a reading has been advocated in the past and the ‘Plain Packaging’ reports might lead to a more frequent and welcome reliance on human rights arguments in the context of international trade law.

The Paris Agreement’s Article 6 Market Mechanisms and wto Law

The article analyses the market-based approaches in Article 6 of the Paris Agreement with respect to their potential interaction with international trade law. It focuses on the international dimension of Article 6 and the tensions associated with international trading of mitigation outcomes (under paragraphs 2–3 of the Article) and emission-reduction units generated through the sustainable development mechanism (paragraphs 4–7). We find that while there are significant normative tensions and legal uncertainties in the relationship between the regimes, international cooperation across the two law- and policy-making arenas could also help to develop new approaches to aligning wto trade law with international climate objectives.

The implication of the precautionary principle on international trade

<p>This paper looks at the origin and nature of the precautionary principle as an emerging principle in international law that arises as a response to the impacts of human activities on the environment. As a chosen focus, this paper discusses the implication of the precautionary principle on international trade by looking at its relationship and interaction with international trade law under the World Trade Organization. This paper explores the consistency and conflicts between the precautionary principle and the rules under the WTO Agreements by examining the different and possibly similar values underlying both. This paper discusses the problem areas where the precautionary principle can conflict with WTO rules as well as explore areas where they can be made to comply with each other.</p>

The implication of the precautionary principle on international trade

<p>This paper looks at the origin and nature of the precautionary principle as an emerging principle in international law that arises as a response to the impacts of human activities on the environment. As a chosen focus, this paper discusses the implication of the precautionary principle on international trade by looking at its relationship and interaction with international trade law under the World Trade Organization. This paper explores the consistency and conflicts between the precautionary principle and the rules under the WTO Agreements by examining the different and possibly similar values underlying both. This paper discusses the problem areas where the precautionary principle can conflict with WTO rules as well as explore areas where they can be made to comply with each other.</p>