76 FR 67253 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel THE GIFT; Invitation for...

Science.gov (United States)

2011-10-31

... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD 2011 0131] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel THE GIFT; Invitation for Public Comments AGENCY... GIFT is: INTENDED COMMERCIAL USE OF VESSEL: ``Passenger carrying.'' GEOGRAPHIC REGION: ``ME, NH, MA, RI...

76 FR 70216 - Requested Administrative Waiver of the Coastwise Trade Laws; Vessel REEL ATTITUDE; Invitation for...

Science.gov (United States)

2011-11-10

... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2011 0146] Requested Administrative Waiver of the Coastwise Trade Laws; Vessel REEL ATTITUDE; Invitation for Public Comments AGENCY... ATTITUDE is: Intended Commercial Use of Vessel: ``Fishing Charter passenger less than 6.'' Geographic...

77 FR 26819 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel BLUE PLANET; Invitation for...

Science.gov (United States)

2012-05-07

... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2012-0054] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel BLUE PLANET; Invitation for Public Comments AGENCY... PLANET is: Intended Commercial use of Vessel: ``Charter to Boy Scouts of America Florida Sea Base...

78 FR 25530 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel BLUE DOLPHIN; Invitation for...

Science.gov (United States)

2013-05-01

... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2013-0049] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel BLUE DOLPHIN; Invitation for Public Comments AGENCY... DOLPHIN is: Intended Commercial Use Of Vessel: ``Skippered daysailing in Puget Sound and San Juan Islands...

78 FR 13752 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel SPIRIT; Invitation for Public...

Science.gov (United States)

2013-02-28

... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2013 0013] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel SPIRIT; Invitation for Public Comments AGENCY: Maritime... . SUPPLEMENTARY INFORMATION: As described by the applicant the intended service of the vessel SPIRIT is: Intended...

77 FR 22631 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel SPIRIT; Invitation for Public...

Science.gov (United States)

2012-04-16

... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD 2012 0049] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel SPIRIT; Invitation for Public Comments AGENCY: Maritime... . SUPPLEMENTARY INFORMATION: As described by the applicant the intended service of the vessel SPIRIT is: Intended...

76 FR 67255 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel KIWI CAT; Invitation for...

Science.gov (United States)

2011-10-31

... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD 2011 0135] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel KIWI CAT; Invitation for Public Comments AGENCY... CAT is: INTENDED COMMERCIAL USE OF VESSEL: ``Small vessel 12 person chartering service for the San...

76 FR 76812 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel BARBARY GHOST; Invitation for...

Science.gov (United States)

2011-12-08

... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD 2011 0148] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel BARBARY GHOST; Invitation for Public Comments AGENCY... BARBARY GHOST is: Intended Commercial Use Of Vessel: ``Sightseeing tours in the San Francisco Bay for a...

78 FR 30961 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel LITTLE DUTCH; Invitation for...

Science.gov (United States)

2013-05-23

... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2013-0057] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel LITTLE DUTCH; Invitation for Public Comments AGENCY... LITTLE DUTCH is: Intended Commercial Use of Vessel: ``Carrying up to six passengers for day trips, sunset...

78 FR 33149 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel CATTITUDE; Invitation for...

Science.gov (United States)

2013-06-03

... Administrative Waiver of the Coastwise Trade Laws: Vessel CATTITUDE; Invitation for Public Comments AGENCY... Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590. You may also send comments electronically via the Internet at http://www.regulations.gov . All comments will become part of this docket and...

77 FR 5628 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel BIG GAME; Invitation for...

Science.gov (United States)

2012-02-03

... Administrative Waiver of the Coastwise Trade Laws: Vessel BIG GAME; Invitation for Public Comments AGENCY....gov . SUPPLEMENTARY INFORMATION: As described by the applicant the intended service of the vessel BIG GAME is: Intended Commercial Use of Vessel: ``Fishing charter boat.'' Geographic Region: ``Rhode Island...

78 FR 35093 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel EYE DOC; Invitation for...

Science.gov (United States)

2013-06-11

... Administrative Waiver of the Coastwise Trade Laws: Vessel EYE DOC; Invitation for Public Comments AGENCY... DOC is: INTENDED COMMERCIAL USE OF VESSEL: ``Charter fishing on Lake Erie'' GEOGRAPHIC REGION: ``Ohio..., Maritime Administration. [FR Doc. 2013-13836 Filed 6-10-13; 8:45 am] BILLING CODE 4910-81-P ...

78 FR 53004 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel SECOND WIND; Invitation for...

Science.gov (United States)

2013-08-27

... Administrative Waiver of the Coastwise Trade Laws: Vessel SECOND WIND; Invitation for Public Comments AGENCY... SECOND WIND is: Intended Commercial Use of Vessel: ``Breakfast, lunch, and dinner cruises featuring... to the docket number of this notice and the vessel name in order for MARAD to properly consider the...

78 FR 70097 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel BEE; Invitation for Public...

Science.gov (United States)

2013-11-22

... Administrative Waiver of the Coastwise Trade Laws: Vessel BEE; Invitation for Public Comments AGENCY: Maritime... entered into this docket is available on the World Wide Web at http://www.regulations.gov . FOR FURTHER....gov . SUPPLEMENTARY INFORMATION: As described by the applicant the intended service of the vessel BEE...

78 FR 40265 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel HMS-DISCOVERY; Invitation for...

Science.gov (United States)

2013-07-03

... Administrative Waiver of the Coastwise Trade Laws: Vessel HMS-DISCOVERY; Invitation for Public Comments AGENCY... of the vessel HMS-DISCOVERY is: Intended Commercial Use of Vessel: ``Sight Seeing Tours''. Geographic... regulations at 46 CFR Part 388. Privacy Act Anyone is able to search the electronic form of all comments...

78 FR 19068 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel GOLDEN BOY II; Invitation for...

Science.gov (United States)

2013-03-28

... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2013 0036] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel GOLDEN BOY II; Invitation for Public Comments AGENCY... GOLDEN BOY II is: Intended Commercial Use Of Vessel: Limited charter of passengers for luxury day...

78 FR 19362 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel W.L. STEWART III; Invitation...

Science.gov (United States)

2013-03-29

... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2013 0026] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel W.L. STEWART III; Invitation for Public Comments AGENCY.... STEWART III is: Intended Commercial Use of Vessel: ``Yacht Club Regatta and Sailing Instruction Support...

78 FR 14413 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel LUCKY DUCK; Invitation for...

Science.gov (United States)

2013-03-05

... Administrative Waiver of the Coastwise Trade Laws: Vessel LUCKY DUCK; Invitation for Public Comments AGENCY... should refer to docket number MARAD-2013-0019. Written comments may be submitted by hand or by mail to... LUCKY DUCK is: Intended Commercial Use Of Vessel: ``The vessel is to be operated as a sailing...

77 FR 49059 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel CHAT DE MER; Invitation for...

Science.gov (United States)

2012-08-15

... Administrative Waiver of the Coastwise Trade Laws: Vessel CHAT DE MER; Invitation for Public Comments AGENCY....gov . SUPPLEMENTARY INFORMATION: As described by the applicant the intended service of the vessel CHAT... Francisco Bay. Geographic Region: ``California.'' The complete application is given in DOT docket MARAD-2012...

Reconfiguring trade mark law

DEFF Research Database (Denmark)

Elsmore, Matthew James

2013-01-01

-border setting, with a particular focus on small business and consumers. The article's overall message is to call for a rethink of received wisdom suggesting that trade marks are effective trade-enabling devices. The case is made for reassessing how we think about European trade mark law.......First, this article argues that trade mark law should be approached in a supplementary way, called reconfiguration. Second, the article investigates such a reconfiguration of trade mark law by exploring the interplay of trade marks and service transactions in the Single Market, in the cross...

International trade law perspectives on paperless trade and inclusive digital trade

OpenAIRE

Mitchell, Andrew D.; Mishra, Neha

2017-01-01

Cross-border paperless trade is increasingly important to generate economic gains in a digitalised economy. Several developing and least developed countries will need to modernise their domestic laws and regulations to facilitate cross-border electronic transmissions, particularly to promote cloud computing and electronic payments. In recent trade agreements, trading partners have committed to deeper and more comprehensive provisions on electronic commerce, including adopting domestic laws on...

Some Economics of Trade Secret Law

OpenAIRE

David D. Friedman; William M. Landes; Richard A. Posner

1991-01-01

Despite the practical importance of trade secrets to the business community, the law of trade secrets is a neglected orphan in economic analysis. This paper sketches an approach to the economics of trade secret law that connects it more closely both to other areas of intellectual property and to broader issues in the positive economic theory of the common law.

The Effect of International Trade on Rule of Law

Directory of Open Access Journals (Sweden)

Junsok Yang

2013-03-01

Full Text Available In this paper, we look at the relationship between international trade and the rule of law, using the World Justice Project Rule of Law Index, which include index figures on human rights, limits on government powers, transparency and regulatory efficiency. Based on regression analyses using the rule of law index figures and international trade figures (merchandise trade, service trade, exports and importsIn this paper, we look at the relationship between international trade and the rule of law, using the World Justice Project Rule of Law Index, which include index figures on human rights, limits on government powers, transparency and regulatory efficiency. Based on regression analyses using the rule of law index figures and international trade figures (merchandise trade, service trade, exports and imports as percentage of GDP, international trade and basic human rights seem to have little relationship; but trade has a close positive relationship with strong order and security. Somewhat surprisingly, regulatory transparency and effective implementation seems to have little or no effect on international trade and vice versa. International trade shows a clear positive relationship with the country’s criminal justice system, but the relationship with the civil justice system is not as clear as such. For regulatory implementation and civil justice, services trade positively affect these institutions, but these institutions in turn affect exports more strongly than services trade. Finally, the effect of trade on rule of law is stronger on a medium to long term (10-20 year time horizon.

Support for international trade law: The US and the EU compared.

Science.gov (United States)

Eckhardt, Jappe; Elsig, Manfred

2015-10-01

In this article we compare US and EU support for bilateral and multilateral international trade law. We assess the support for international law of both trading blocs by focusing on the following four dimensions: leadership, consent, compliance and internalization. Although we find strong support for international trade law from both the US and the EU in general, we also witness some variation, most notably in relation to the design of preferential trade agreements (PTAs) and compliance with World Trade Organization (WTO) law. Turning to explaining these (moderate) differences, we argue that outcomes in US trade policy can best be explained by a domestic political factor, namely the direct influence of interest groups. Although the involvement of societal interests also goes a long way in explaining EU behavior, it does not tell the entire story. We posit that, in EU trade policy, institutions are a particular conditioning factor that needs to be stressed. Moreover, we suggest that foreign policy considerations in managing trade relations have characterized EU's support for international trade law.

Recognition in context: Implications for trade mark law.

Science.gov (United States)

Humphreys, Michael S; McFarlane, Kimberley A; Burt, Jennifer S; Kelly, Sarah J; Weatherall, Kimberlee G; Burrell, Robert G

2017-10-01

Context effects in recognition have played a major role in evaluating theories of recognition. Understanding how context impacts recognition is also important for making sound trade mark law. Consumers attempting to discriminate between the brand they are looking for and a look-alike product often have to differentiate products which share a great deal of common context: positioning on the supermarket shelf, the type of store, aspects of the packaging, or brand claims. Trade mark and related laws aim to protect brands and reduce consumer confusion, but courts assessing allegations of trade mark infringement often lack careful empirical evidence concerning the impact of brand and context similarity, and, in the absence of such evidence, make assumptions about how consumers respond to brands that downplay the importance of context and focus on the similarity of registered marks. The experiments reported in this paper aimed to test certain common assumptions in trade mark law, providing evidence that shared context can cause mistakes even where brand similarity is low.

Lhe law of diminishing elasticity of demand in Harrod’s trade cycle

OpenAIRE

Michaël Assous; Olivier Bruno; Muriel Dal-Pont

2014-01-01

In The Trade Cycle, Roy Harrod [1936a] propounded the Law of Diminishing Elasticity of Demand. The present paper tries to clarify the precise role Harrod assigned to this law in his The Trade Cycle Theory. We discuss the micro and macro foundations of the Law of Diminishing Elasticity of Demand and argue that it explains one of the main mechanisms that stabilize the economy during the trade cycle. In addition, we highlight how the Law of Diminishing Elasticity of Demand allowed Harrod to micr...

The Law of Diminishing Elasticity of Demand in Harrod’s Trade Cycle (1936)

OpenAIRE

Michaël Assous; Olivier Bruno; Muriel Dal-Pont Legrand

2015-01-01

In The Trade Cycle, Roy Harrod [1936a] propounded the Law of Diminishing Elasticity of Demand. The present paper tries to clarify the precise role Harrod assigned to this law in order to understand his trade cycle theory. We discuss the micro and macro foundations of the Law of Diminishing Elasticity of Demand and how, according to Harrod, it explains one of the main mechanisms that stabilize the economy during the trade cycle. In addition, we show how the Law of Diminishing Elasticity of Dem...

CARBON TRADING ACCORDING TO INTERNATIONAL LAW AND ITS IMPLEMENTATION IN INDONESIA

Directory of Open Access Journals (Sweden)

Sinta Wahyu Purnama Sari

2016-04-01

Full Text Available This research aims to describe the carbon trading according to international law and its implementation in Indonesia. It uses juridical-normative research methods. Climate change is one of the major environmental issues in the world, it causes an adverse effect to human life. Basically it comes from human activities. To follow up the issue, then countries try to solve it by taking an action to reduce the emissions. Through the first Earth Summit in Rio De Janeiro-Brazil in 1992, which produces the Convention on Climate Change (UNFCCC; one of the achievements of the UNFCCC is the Kyoto Protocol, wherein the Protocol contains two important things, namely the commitment of developed countries to reduce the rate of emissions compared to 1990, and the possibility of carbon trading mechanisms. Indonesia is one of the countries that have ratified both the UNFCCC through Law No. 6 of 1994, and the Kyoto Protocol through Law No. 17 of 2004. There are also some related regulations. However, of all existing laws, the government has not put out implementing regulations or instructions about carbon trading specifically. Keywords: Carbon Trading, International Law, Indonesia.

46 CFR 180.205 - Survival craft-vessels operating on limited coastwise routes.

Science.gov (United States)

2010-10-01

... 46 Shipping 7 2010-10-01 2010-10-01 false Survival craft-vessels operating on limited coastwise... Craft § 180.205 Survival craft—vessels operating on limited coastwise routes. (a) Except as allowed by... survival craft required by § 180.204(d). (e) Each vessel certificated to operate on a limited coastwise...

Does international nuclear trade law have a specificity

International Nuclear Information System (INIS)

David, J.L.

1988-01-01

This study on the specificity of international nuclear trade law covers public international and private international aspects. As regards the first, international organisations and agreements (bilateral and multilateral) are reviewed. In the context of the second, the international organisations with a scientific, legal or commercial vocation are briefly listed. Commercial contracts are then studied in greater detail from the viewpoint of contractual nuclear liability and that outside the contracts. In addition, special aspects are examined, relating to the flexibility of supply contracts, swap agreements in the nuclear field, and other more particular clauses such as the ''Consensus'' framework for export credits. The authors' conclusion is that while there is no specificity properly speaking in international nuclear trade law, it nevertheless has original features (NEA) [fr

Trade and health: how World Trade Organization (WTO) law affects alcohol and public health.

Science.gov (United States)

Baumberg, Ben; Anderson, Peter

2008-12-01

The alcohol field is becoming more aware of the consequences of world trade law for alcohol policies. However, there is a need for greater clarity about the different effects of trade on alcohol-related harm. A comprehensive review of all literature on alcohol and world trade [including World Trade Organization (WTO) disputes on alcohol], supported by a more selective review of other relevant cases, academic reports and the grey literature on trade and health. The burden of WTO law on alcohol policies depends upon the type of policy in question. Purely protectionist policies are likely to be struck down, which may lead to increases in alcohol-related harm. Partly protectionist and partly health-motivated policies are also at risk of being struck down. However, purely health-motivated policies are likely to be defended by the WTO-and to the extent that policy makers misunderstand this, they are needlessly avoiding effective ways of reducing alcohol-related harm. WTO agreements contain genuine and substantial risks to alcohol policies, and various ways of minimizing future risks are suggested. However, the 'chilling effect' of mistakenly overestimating these constraints should be avoided. Health policy makers should decide on which policies to pursue based primarily on considerations of effectiveness, ethics and politics rather than legality. As long as any effect of these policies on trade is minimized, they are overwhelmingly likely to win any challenges at the WTO.

Trade, trust and the rule of law

NARCIS (Netherlands)

Yu, Shu; Beugelsdijk, Sjoerd; de Haan, Jakob

Well-functioning institutions, both formal (i.e. rule of law) and informal (i.e. trust), facilitate economic exchange. To investigate the nature of the relationship between formal and informal institutions, we analyze bilateral trade patterns in a sample of 16 European countries between 1996-2009.

The contradictions in nuclear trade law

International Nuclear Information System (INIS)

Reyners, P.

1988-01-01

International law applicable to trade in nuclear materials, equipment and technology still lacks homogeneity and its implementation gives rise to some controversy. This is explained by the fact that this law, whose pivot is the Treaty on the Non-Proliferation of Nuclear Weapons, reflects several contradictions: the need to restrict communication of sensitive information and the will to encourage international cooperation in the peaceful uses of nuclear energy; acknowledgement of the differences in the status of the countries concerned and the principle of non-discrimination established by the Treaty; a selective policy for imports and the aim to achieve free access to nuclear technology. (NEA) [fr

DINAMIKA UPAYA MELAKUKAN SINERGI ANTARA HUKUM PERDAGANGAN INTERNASIONAL DAN HUKUM LINGKUNGAN / INTERNATIONAL TRADE LAW AND ENVIRONMENTAL LAW SINERGY

Directory of Open Access Journals (Sweden)

Endra Wijaya

2017-11-01

Full Text Available Dalam aktivitas perdagangan internasional, kehadiran hukum menjadi suatu hal yang penting untuk mengatur dan membuat berjalannya unsur-unsur dalam perdagangan internasional menjadi efektif, efisien, dan berkeadilan. Secara perlahan-lahan, sistem perdagangan internasional mulai memasukkan isu hukum lingkungan hidup. Masuknya isu hukum lingkungan ke dalam sistem perdagangan internasional sudah dimulai sejak adanya kesadaran perlunya lingkungan hidup dijaga kelestariannya agar dapat menunjang pembangunan secara keseluruhan. Saat ini, isu hukum lingkungan tersebut memang sudah menjadi syarat penting bagi setiap hubungan perdagangan yang akan atau sedang dilakukan oleh para subjek hukum dalam perdagangan internasional. Fokus pembahasan makalah ini tertuju kepada persoalan bagaimana masuknya dan bersinerginya isu hukum lingkungan ke dalam sistem perdagangan internasional. Metode penelitian yang digunakan dalam melakukan pembahasan ialah metode kajian normatif, dengan menggunakan data sekunder yang diperoleh melalui penelusuran kepustakaan. In international trade activity, the law exists and becomes one of the important components to ensure the trading activity runs effectively, efficiently, and fair. Gradually, international trade system has started to embed environmental law issue to become its part of the system, and this process has begun since people realized that environment should be protected in order to support the sustainable development process. Currently, environmental law issue becomes an important condition for most of the international trade relations which are being done or will be done by subjects of the international trade. This paper focuses on how environmental law is being synergized within international trade system. The library research method will be used to explore that topic.

Christian Joerges and Ernst-Ulrich Petersmann (eds., Constitutionalism: Multilevel Trade Governance and International Economic Law (Hart Publishing: Studies in International Trade Law, 2011

Directory of Open Access Journals (Sweden)

Rachael L. Johnstone

2012-03-01

Full Text Available Constitutionalism, Multilevel Trade Governance and International Economic Law is a second issue of a 2006 text of the same name. It brings together an impressive collection of international scholarship exploring international economic law in light of constitutional theory with many well-established experts in the field alongside some relatively junior and highly promising scholars.

Developing a normative critique of international trade law: special & differential treatment

OpenAIRE

Garcia, Frank J.

2007-01-01

Although the problem of trade and inequality is central to the resolution of the WTO Doha Round and to contemporary trade policy in general, it is currently undertheorized from a normative perspective. In this paper I develop a normative critique of WTO special and differential treatment law, as a case study of how normative political theory can be applied to international economic law. Using Rawls' theory of Justice as Fairness, I argue both that special and differential treatment can play a...

46 CFR 180.204 - Survival craft-vessels operating on coastwise routes.

Science.gov (United States)

2010-10-01

... 46 Shipping 7 2010-10-01 2010-10-01 false Survival craft-vessels operating on coastwise routes. 180.204 Section 180.204 Shipping COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED) SMALL... Craft § 180.204 Survival craft—vessels operating on coastwise routes. (a) Except as allowed by paragraph...

Legal market abuse regulations of WpHG (law on stock trading) and the REMIT-VO in the electricity spot trading

International Nuclear Information System (INIS)

Retsch, Alexander T.

2014-01-01

The thesis on legal market abuse regulations of WpHG (law on stock trading) and the REMIT-VO in the electricity spot trading include the discussion of the following issues: market abuse, its forms of appearance (market manipulation, insider trade, insider information), electricity spot trading, relevant legislative frame, market abuse regulations (WpHG), interdiction of market manipulation and related regulations.

Law [Review of: World trade report 2011: the WTO and preferential trade agreements: from co-existence to coherence

NARCIS (Netherlands)

Mathis, J.H.

2012-01-01

The World Trade Review asked distinguished scholars from the three different fields of economics (Pravin Krishna), political science (Edward D. Mansfield) and law (James H. Mathis) to independently review the WTO's annual World Trade Report for 2011, the theme of which is The WTO and Preferential

The rising tide of green unilateralism in world trade law. Options for reconciling the emerging north-south conflict

Energy Technology Data Exchange (ETDEWEB)

Biermann, F.

2000-12-01

This paper argues that to reconcile the objectives of free trade and environmental protection, limited reforms of international trade law are required. There is a need to guarantee, first, that universally accepted international environmental agreements that mandate trade-restrictions remain compatible with international trade law, in particular with the General Agreement on Tariffs and Trade. Second, it is necessary to ensure that the interests of small and vulnerable states are protected against environmental unilateralism of the major trading nations. This reform agenda could be realized, it is argued, through an authoritative interpretation of international trade law by the Ministerial Conference of the World Trade Organization (WTO). This interpretation should stipulate that environmentally-motivated trade restrictions which are related to processes and production methods, and which are intended to protect environmental goods outside the importing country, be compatible with WTO law, but only if mandated by international environmental agreements that have been previously accepted by the Ministerial Conference. This paper outlines the rationale for such authoritative interpretation and offers a possible legal draft. This clarification of the relationship between international environmental and international trade law would protect the sovereign right of smaller trading nations, particularly developing countries, to enact their own environmental standards as may be appropriate and feasible according to their specific situation. It would also maintain the supremacy of multilateralism in both international trade and environmental policies, as opposed to unilateral action. The principle of international co-operation and the rule of law would be strengthened, and attempts to use the international trade system for the enforcement of unilaterally decided environmental standards would be precluded. (orig.)

National treatment in international trade: National law and international standards

Directory of Open Access Journals (Sweden)

Divljak Drago

2014-01-01

Full Text Available The subject of the paper is the principle of national treatment, namely one of the basic principles of international trade. The objective is to determine its outreach and contents set in the forms of international trade organising, primarily in the World Trade Organization, from a legal perspective, naturally, all in the context of the Serbian law. The analysis that has been carried out indicates that there is an obvious intention of our legislators to harmonise in principle our legislation with the WTO requirements and standards, which are incomplete themselves and cause disputes that are not resolved in the practice of dispute resolving either entirely or consistently. In our law, a step forward has been made in relation to the situation from the previous relevant legislation, because the application of this principle is extended not only to trade with goods but also to trade with services, and to industrial property rights. However, in the most significant, basic field, namely trade with goods, it is still being done in a general way, by simplifying the entire topic and bringing it down only to protection against discrimination and neglecting the sphere of protectionism. Such acting does not include all the complexity of this matter and it is not entirely harmonised with the WTO requirements. However, a good side of such an approach is that it gives the state more freedom for acting in this sphere, which may be acceptable in the transition period until full membership of Serbia in this organization.

Remarks on Trade Usages And Business Practices In International Sales Law

OpenAIRE

Leonardo Graffi

2011-01-01

Trade usages and business practices are key elements of international commerce. In their day-to-day activities, traders and business people around the world constantly rely upon trade usages and business practices across a variety of industries. Usages and practices tend to be dignified by the business community with a status equivalent to that of actual law. As a matter of fact, many business persons often tend to regard trade usages and business practices as very powerful tools to ensure th...

The Best of Both Worlds? Free Trade in Services and EU Law on Privacy and Data Protection

NARCIS (Netherlands)

Yakovleva, S.; Irion, K.

2016-01-01

The article focuses on the interplay between European Union (EU) law on privacy and data protection and international trade law, in particular the General Agreement on Trade in Services (GATS) and the WTO dispute settlement system. The argument distinguishes between the effects of international

European emission trading, renewable energy law and the law of governmental environmental allowances; Europaeischer Emissionshandel, Erneuerbare-Energien-Gesetz und das Recht der Umweltbeihilfen. Plaedoyer fuer einen ''more environmental approach'' im EU-Wettbewerbsrecht

Energy Technology Data Exchange (ETDEWEB)

Jacobs, Max

2016-07-01

The book on European emission trading, renewable energy law and the law of governmental environmental allowances covers the following issues: The European emission trading system and the European law on competition, the European emission trading system and competitive concerns; The European renewable energy law and the European law on competition, The European renewable energy law and competitive concerns; environmental protection the European competition policy.

The evolution of the doctrine of restraint of trade in Australia: a law reform perspective

OpenAIRE

Cheng, John Wei-Ting

2017-01-01

This thesis examines the present state of the common law doctrine of restraint of trade from a law reform perspective. The doctrine was developed in England between the 1600s and mid-1800s and its evolution over the centuries has been a slow and ongoing process. The present state of the doctrine and its application in the Australian jurisdiction presents a challenging set of circumstances due to the difficulties faced by contracting parties when they wish to engage in restraint of trade. ...

The End of Trade and Investment Law as We Know it

DEFF Research Database (Denmark)

Kjær, Poul F.

Trade and investment law (TIL) does not operate in a vacuum. A rethinking of TIL can only be done on the basis of an understanding of the structural composition and direction world society is taking. Both orthodox and heterodox TIL relies on assumptions concerning the state of the world and the d......Trade and investment law (TIL) does not operate in a vacuum. A rethinking of TIL can only be done on the basis of an understanding of the structural composition and direction world society is taking. Both orthodox and heterodox TIL relies on assumptions concerning the state of the world...... the control of lawyers. The hegemony of the legal discipline has been broken and the economics discipline now rules the world. Without a fundamental change to the status and internal composition of the economics discipline the endeavor to rethink TIL is likely to be futile....

The Arms Trade and States' Duty to Ensure Respect for Humanitarian and Human Rights Law

DEFF Research Database (Denmark)

Brehm, Maya

2007-01-01

transfers has traditionally been treated as a question of arms control law, but in the recent debate about legal restrictions on states' liberty to transfer arms, norms of international humanitarian and human rights law have frequently been invoked. This article surveys the existing international legal......The unregulated international trade in conventional arms, especially in small arms and light weapons, has come to be viewed as an exacerbating factor in armed conflict, violent crime and internal repression. Concern about the negative humanitarian, development and security impact of this trade has...... been growing over the last decade. Against this backdrop, the UN General Assembly invited states in December 2006 to consider the feasibility of an instrument establishing common international standards for conventional arms transfers-also known as the ‘Arms Trade Treaty' (ATT). The legality of arms...

Trade Secret Law and Information Systems: Can Your Students Keep a Secret?

Science.gov (United States)

Willey, Lorrie; Ford, Janet C.; White, Barbara Jo; Clapper, Danial L.

2011-01-01

The impact of intellectual property (IP) law on information systems (IS) professionals in business cannot be overstated. The IS 2010 model curriculum guidelines for undergraduate IS programs stress the importance of information security and knowledge about IP. While copyright and patents are the most well-known types of IP, another, trade secrets,…

Trade law and alcohol regulation: what role for a global Alcohol Marketing Code?

Science.gov (United States)

Mitchell, Andrew D; Casben, Jessica

2017-01-01

Following calls for restrictions and bans on alcohol advertising, and in light of the tobacco industry's challenge to Australia's tobacco plain packaging measure, a tobacco control measure finding support in the World Health Organization (WHO) Framework Convention on Tobacco Control, this paper considers what role, if any, an international alcohol marketing code might have in preventing or reducing the risk of challenges to domestic alcohol marketing restrictions under trade rules. Narrative review of international trade and health instruments and international trade court judgements regarding alcohol products and marketing restrictions. The experience of European trade courts in the litigation of similar measures suggests that World Trade Organization rules have sufficient flexibility to support the implementation of alcohol marketing restrictions. However, the experience also highlights the possibility that public health measures have disproportionate and unjustifiable trade effects and that the ability of a public health measure to withstand a challenge under trade rules will turn on its particular design and implementation. Measures implemented pursuant to international public health instruments are not immune to trade law challenges. Close collaboration between health policymakers, trade officials and lawyers, from as early as the research stage in the development of a measure to ensure a robust evidence base, will ensure the best chance of regulatory survival for an international marketing code. © 2016 Society for the Study of Addiction.

The teaching/research trade-off in law: data from the right tail.

Science.gov (United States)

Ginsburg, Tom; Miles, Thomas J

2015-02-01

There is a long scholarly debate on the trade-off between research and teaching in various fields, but relatively little study of the phenomenon in law. This analysis examines the relationship between the two core academic activities at one particular school, the University of Chicago Law School, which is considered one of the most productive in legal academia. We measure of scholarly productivity with the total number of publications by each professor for each year, and we approximate performance in teaching with course loads and average scores in student evaluations for each course. In OLS regressions, we estimate scholarly output as a function of teaching loads, faculty characteristics, and other controls. We also estimate teaching evaluation scores as a function of scholarly productivity, fixed effects for years and course subject, and faculty characteristics. Net of other factors, we find that, under some specifications, research and teaching are positively correlated. In particular, we find that students' perceptions of teaching quality rises, but at a decreasing rate, with the total amount of scholarship. We also find that certain personal characteristics correlate with productivity. The recent debate on the mission of American law schools has hinged on the assumption that a trade-off exists between teaching and research, and this article's analysis, although limited in various ways, casts some doubt on that assumption. © The Author(s) 2014.

Legal market abuse regulations of WpHG (law on stock trading) and the REMIT-VO in the electricity spot trading; Marktmissbrauchsrechtliche Regelungen des WpHG und der REMIT-VO im Stromspothandel

Energy Technology Data Exchange (ETDEWEB)

Retsch, Alexander T.

2014-07-01

The thesis on legal market abuse regulations of WpHG (law on stock trading) and the REMIT-VO in the electricity spot trading include the discussion of the following issues: market abuse, its forms of appearance (market manipulation, insider trade, insider information), electricity spot trading, relevant legislative frame, market abuse regulations (WpHG), interdiction of market manipulation and related regulations.

31 CFR 357.10 - Laws governing a Treasury book-entry security, TRADES, and security interests or entitlements.

Science.gov (United States)

2010-07-01

... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false Laws governing a Treasury book-entry... PUBLIC DEBT REGULATIONS GOVERNING BOOK-ENTRY TREASURY BONDS, NOTES AND BILLS HELD IN LEGACY TREASURY DIRECT Treasury/Reserve Automated Debt Entry System (TRADES) § 357.10 Laws governing a Treasury book...

Trade Remedies: A Primer

National Research Council Canada - National Science Library

Jones, Vivian C

2006-01-01

The United States and many of its trading partners use laws known as trade remedies to mitigate the adverse impact of various trade practices on domestic industries and workers. U.S. antidumping laws (19 U.S.C. 1673 et seq...

Trade Remedies: A Primer

National Research Council Canada - National Science Library

Jones, Vivian C

2007-01-01

The United States and many of its trading partners use laws known as trade remedies to mitigate the adverse impact of various trade practices on domestic industries and workers. U.S. antidumping (AD) laws (19 U.S.C. 1673 et seq...

Trade Remedies: A Primer

National Research Council Canada - National Science Library

Jones, Vivian C

2008-01-01

The United States and many of its trading partners use laws known as trade remedies to mitigate the adverse impact of various trade practices on domestic industries and workers. U.S. antidumping (AD) laws (19 U.S.C. 1673 et seq...

Diagnostic overview of the illegal trade in primates and law enforcement in Peru.

Science.gov (United States)

Shanee, Noga; Mendoza, A Patricia; Shanee, Sam

2017-11-01

Peru has one of the richest primate faunas of any country. The illegal trade in wild primates is one of the largest threats to this fauna in Peru. We characterize the illegal trade in primates through empirical and ethnographic data. We collected data from traffic routes and centers throughout Peru and evaluate current efforts to combat this traffic. Based on our findings from 2,070 instances of wildlife crime involving 6,872 primates, we estimate the domestic trade in primates for pets and bushmeat in Peru in the hundreds of thousands per year, with the larger bodied Atelidae facing the highest direct consequences. We found that government authorities lack sufficient staff, capacity, resources, infrastructure, and protocols to efficiently combat illegal trade in primates. Also, the complicated legal framework and lack of cooperation and antagonism with the public further limit these efforts. Wildlife authorities in Peru are able to confiscate only a fraction of primates traded and mostly intervene in cases of private pet owners rather than traffickers. We estimate that the current rate of illegal trade in primates is comparable to levels of trade prior to the 1973 ban on primates' exportation. The combination of direct observations on primate trade and ethnographic data allows a comprehensive look at primate trade in Peru. We call upon decision makers and international funders to channel their efforts toward "on the ground" actions such as increasing the ability of the authorities to act, giving them "in action" training in law enforcement and establishing strict control measures against corruption. Am. J. Primatol. 79:e22516, 2017. © 2015 Wiley Periodicals, Inc. © 2015 Wiley Periodicals, Inc.

46 CFR 117.204 - Survival craft-vessels operating on coastwise routes.

Science.gov (United States)

2010-10-01

... 46 Shipping 4 2010-10-01 2010-10-01 false Survival craft-vessels operating on coastwise routes... PASSENGERS LIFESAVING EQUIPMENT AND ARRANGEMENTS Number and Type of Survival Craft § 117.204 Survival craft... allowed, the following survival craft requirements apply when not engaged in an overnight voyage: (1...

Moore's Law versus Murphy's Law: Algorithmic Trading and Its Discontents

OpenAIRE

Andrei A. Kirilenko; Andrew W. Lo

2013-01-01

Financial markets have undergone a remarkable transformation over the past two decades due to advances in technology. These advances include faster and cheaper computers, greater connectivity among market participants, and perhaps most important of all, more sophisticated trading algorithms. The benefits of such financial technology are evident: lower transactions costs, faster executions, and greater volume of trades. However, like any technology, trading technology has unintended consequenc...

Changing Context of Trade Mark Protection in India: A Review of the Trade Marks Act, 1999

OpenAIRE

Pathak, Akhileshwar

2004-01-01

With liberalisation and globalisation of the Indian economy, it has become possible for anyone to get into production and services in most of the sectors. This has led to rampant misuse and appropriation of trade marks. In an insulated economy, with monopoly markets, law protecting trade marks had a limited role. In the changed context, however, trade mark law will be a field of much interest for academics and practitioners. Towards this, the paper explores the formation of trade mark law in ...

75 FR 75545 - Requested Administrative Waiver of the Coastwise Trade Laws

Science.gov (United States)

2010-12-03

... for the vessel FAMILY TIME. SUMMARY: As authorized by 46 U.S.C. 12121, the Secretary of Transportation... . Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in... have an unduly adverse effect on a U.S.-vessel builder or a business that uses U.S. flag vessels in...

76 FR 24562 - Requested Administrative Waiver of the Coastwise Trade Laws

Science.gov (United States)

2011-05-02

... defray the cost of operating the yacht. The primary use, however, will remain recreational. The potential... clientele willing to pay for the premium offering that the yacht represents. For charter cruises in and about the yacht's home port of Washington, DC, we would expect to have 6-8 passengers. Most trips would...

76 FR 819 - Requested Administrative Waiver of the Coastwise Trade Laws

Science.gov (United States)

2011-01-06

... Museum. The Medea is an elegant 1904 Edwardian steam yacht and is the only steam-powered yacht on the west coast. It was built as a private yacht, but was commandeered into Allied service in both World War...

76 FR 30236 - Requested Administrative Waiver of the Coastwise Trade Laws

Science.gov (United States)

2011-05-24

... p.m., E.T., Monday through Friday, except Federal holidays. An electronic version of this document... charter in the Chesapeake Bay and between New York City and Boston. The program would focus on French and... able to search the electronic form of all comments received into any of our dockets by the name of the...

75 FR 14487 - Requested Administrative Waiver of the Coastwise Trade Laws

Science.gov (United States)

2010-03-25

... for the vessel CLOUD NINE. SUMMARY: As authorized by 46 U.S.C. 12121, the Secretary of Transportation... . Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in... have an unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels in...

75 FR 60862 - Requested Administrative Waiver of the Coastwise Trade Laws

Science.gov (United States)

2010-10-01

... comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S... effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will... VESSEL: ``Day charter, eco/historic tourism.'' Geographic Region: ``Massachusetts, Rhode Island...

75 FR 70068 - Requested Administrative Waiver of the Coastwise Trade Laws

Science.gov (United States)

2010-11-16

... this document and all documents entered into this docket is available on the World Wide Web at http... vessel for 6 or less passengers and occasional sport fishing with no fish sold commercially. It will not...

75 FR 75544 - Requested Administrative Waiver of the Coastwise Trade Laws

Science.gov (United States)

2010-12-03

... and all documents entered into this docket is available on the World Wide Web at http://www...: Intended Commercial Use of Vessel: ``This vessel will be used for sport charter fishing.'' Geographic...

75 FR 25312 - Requested Administrative Waiver of the Coastwise Trade Laws

Science.gov (United States)

2010-05-07

... World Wide Web at http://www.regulations.gov . FOR FURTHER INFORMATION CONTACT: Joann Spittle, U.S... sport fishing trips carrying passengers only.'' Geographic Region: ``Florida.'' Privacy Act Anyone is...

76 FR 11560 - Requested Administrative Waiver of the Coastwise Trade Laws

Science.gov (United States)

2011-03-02

... and all documents entered into this docket is available on the World Wide Web at http://www... some sport fishing only for fun NOT sales of fish.'' Geographic Region: ``California.'' Privacy Act...

75 FR 3963 - Requested Administrative Waiver of the Coastwise Trade Laws

Science.gov (United States)

2010-01-25

... and all documents entered into this docket are available on the World Wide Web at http://www...: Intended Commercial Use of Vessel: ``Sport fishing out of Nawiliwili Harbor and the surrounding waters in...

75 FR 68024 - Requested Administrative Waiver of the Coastwise Trade Laws

Science.gov (United States)

2010-11-04

... and all documents entered into this docket is available on the World Wide Web at http://www...: Intended Commercial Use of Vessel: ``Sport fishing charters, 6 passengers or less.'' Geographic Region...

75 FR 56655 - Requested Administrative Waiver of the Coastwise Trade Laws

Science.gov (United States)

2010-09-16

... document and all documents entered into this docket is available on the World Wide Web at http://www...: Intended commercial use of vessel: ``Sport Fishing Charter, Fish caught will not be sold commercially...

76 FR 11561 - Requested Administrative Waiver of the Coastwise Trade Laws

Science.gov (United States)

2011-03-02

... for the vessel MARIPOSA. SUMMARY: As authorized by 46 U.S.C. 12121, the Secretary of Transportation... the vessel MARIPOSA is: Intended Commercial Use of Vessel: ``Passenger charters.'' Geographic Region...

75 FR 2591 - Requested Administrative Waiver of the Coastwise Trade Laws

Science.gov (United States)

2010-01-15

... for the vessel BOO PACIFIC. SUMMARY: As authorized by 46 U.S.C. 12121, the Secretary of Transportation.... SUPPLEMENTARY INFORMATION: As described by the applicant the intended service of the vessel BOO PACIFIC is...

75 FR 25311 - Requested Administrative Waiver of the Coastwise Trade Laws

Science.gov (United States)

2010-05-07

....m. and 5 p.m., E.T., Monday through Friday, except federal holidays. An electronic version of this..., Washington, U.S. Virgin Islands.'' Privacy Act Anyone is able to search the electronic form of all comments...

75 FR 25924 - Requested Administrative Waiver of the Coastwise Trade Laws

Science.gov (United States)

2010-05-10

... address between 10 a.m. and 5 p.m., E.T., Monday through Friday, except federal holidays. An electronic..., New Jersey, Maryland, Florida, Louisiana, U.S. Virgin Islands.'' Privacy Act Anyone is able to search...

75 FR 4448 - Requested Administrative Waiver of the Coastwise Trade Laws

Science.gov (United States)

2010-01-27

... p.m., E.T., Monday through Friday, except federal holidays. An electronic version of this document... the islands off the east coast of Puerto Rico, as well as occasional trips to the Virgin Islands...

75 FR 65400 - Requested Administrative Waiver of the Coastwise Trade Laws

Science.gov (United States)

2010-10-22

... for the vessel EMPRESS. SUMMARY: As authorized by 46 U.S.C. 12121, the Secretary of Transportation, as... vessel EMPRESS is: Intended Commercial Use of Vessel: ``Limited private charters.'' Geographic Region...

76 FR 40984 - Requested Administrative Waiver of the Coastwise Trade Laws

Science.gov (United States)

2011-07-12

... or by mail to the Docket Clerk, U.S. Department of Transportation, Docket Operations, M-30, West... doeuvres and beverages matching the quality of a 4-Star restaurant. Holiday Events will be highlighted by... processes and marine biology with passengers. A Progressive Waterfront Restaurant Tour with stops at fine...

International trade and investment law: a new framework for public health and the common good.

Science.gov (United States)

Delany, Louise; Signal, Louise; Thomson, George

2018-05-08

International trade and investment agreements can have positive outcomes, but also have negative consequences that affect global health and influence fundamental health determinants: poverty, inequality and the environment. This article proposes principles and strategies for designing future international law to attain health and common good objectives. Basic principles are needed for international trade and investment agreements that are consistent with the common good, public health, and human rights. These principles should reflect the importance of reducing inequalities, along with social and environmental sustainability. Economic growth should be recognised as a means to common good objectives, rather than an end in itself. Our favoured approach is both radical and comprehensive: we describe what this approach would include and outline the strategies for its implementation, the processes and capacity building necessary for its achievement, and related governance and corporate issues. The comprehensive approach includes significant changes to current models for trade and investment agreements, in particular (i) health, social and environmental objectives would be recognised as legitimate in their own right and implemented accordingly; (ii) changes to dispute-resolution processes, both state-to-state and investor-state; (iii) greater deference to international legal frameworks for health, environmental protection, and human rights; (iv) greater coherence across the international law framework; (v) limitations on investor privileges, and (vi) enforceable corporate responsibilities for contributing to health, environmental, human rights and other common good objectives. We also identify some limited changes that could be considered as an alternative to the proposed comprehensive approach. Future research is needed to develop a range of model treaties, and on the means by which such treaties and reforms might be achieved. Such research would focus also on

Managing the trade-public health linkage in defence of trade ...

African Journals Online (AJOL)

Managing the trade-public health linkage in defence of trade liberalisation and ... of United States-measures affecting the production and sale of clove cigarettes. ... Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad.

46 CFR 117.205 - Survival craft-vessels operating on limited coastwise routes.

Science.gov (United States)

2010-10-01

... 46 Shipping 4 2010-10-01 2010-10-01 false Survival craft-vessels operating on limited coastwise... PASSENGERS LIFESAVING EQUIPMENT AND ARRANGEMENTS Number and Type of Survival Craft § 117.205 Survival craft... the survival craft required by §§ 117.204 (a) through (d) of this part, as applicable. (b) Each vessel...

Regulatory on the corporate social responsibility in the context of sustainable development by mandatory in the world trade organization law perspective (case study in Indonesia

Directory of Open Access Journals (Sweden)

SH. M. Hum. TAUFIQURRAHMAN

2013-12-01

Full Text Available Regulatory on the Corporate Social Responsibility (CSR by mandatory in Indonesia as stipulated in Article 74 of Law No. 40/2007 on the Limited Liability Company (hereafter the Company Law raises a contradiction. Those who agree argue that the company is not solely for profit, but more than that are participating in social issues and the preservation of the environment within the framework of sustainable development. Conversely, those who disagree view that social issues and the environment are the full responsibility of state. The involvement of a corporation in social and environmental activities is voluntary. Verdict of the Indonesian Constitutional Court in case no. 53/PUU-VI / / 2008 dated 13 April 2009 which rejected a requesting of material test of the Article 74 paragraph (1, (2 and (3 of the Company Law confirms the existence of the CSR by mandatory in international trade traffic today. The analytical results indicates that mandatory CSR regulation in the Company Law is not a form of a state intervention to the private activities. In addition, the arrangement is not contrary to the principles of free trade within the framework of the General Agreement on Tariffs and Trade (GATT / World Trade Organization (WTO.

Critiquing the Transatlantic Trade and Investment Partnership (TTIP) : Systemic Consequences for Global Governance and the Rule of Law

NARCIS (Netherlands)

Larik, J.E.

2016-01-01

Considering the implications of the Transatlantic Trade and Investment Partnership (TTIP) for the architecture of global (economic) governance, including the international rule of law, the article addresses some of the most pertinent systemic consequences TTIP is likely to produce, based on the

Bio fuels in the framework of law of the World Trade Organization under special consideration of their ecologically relevant properties; Biokraftstoffe im Rechtsregime der WTO unter besonderer Beruecksichtigung ihrer umweltrelevanten Eigenschaften

Energy Technology Data Exchange (ETDEWEB)

Kahl, Hartmut

2008-07-01

The increasing world market for bio fuels urgently needs a framework of law which regulates the conflict potentials of the cultivation of energy plant. Under this aspect, the author of the contribution under consideration reports on the trade with bio fuels in the World Trade Organization and discusses the legal negotiability of sustainability criteria for the production of bio fuel. Apart from the creation of a specific duty nomenclature for the new product line, straight in the agrarian sector the regulations of the world trade law for national subsidies are to be considered. With bio fuels from non-ecologic production, the contract texts permit import-controlling and marketing-adjusting measures to the World Trade Organization while the extraterritorial employment of the genetic engineering only is limited controllable by according to commercial law instruments. The mutual obligations of some members of the World Trade Organization also can play a role in the public procurement department if bio fuels become the criterion with the national placing of orders. For developing countries, the World Trade Organization law plans some special arrangements which facilitate their participation in the bio fuel trade. The contribution under consideration is addressed to lawyers, decision makers and advisors in politics and authority practice.

New Light through Old Windows:Restraint of Trade in English, Scottish, and Australian Employment Laws - Emerging and Enduring Issues

OpenAIRE

Cabrelli, David; Floyd, Louise

2010-01-01

The nature of the study to be pursued in this article concerns the extent to which the common law systems of England and Australia contain principles or rules designed to impinge on an employer’s freedom of contract or legitimate trading interests in order to promote the ability of an employee to trade, work freely, and enjoy the benefits of his/her labour and innovations. This will entail spelling out the principal elements of both the English and Australian concepts and outlining the differ...

Reception in Chile of the United Nations Commission on International Trade Law Model Law on Cross-Border Insolvency: Brief analysis of the center of main interests of the debtor as a new connecting factor

Directory of Open Access Journals (Sweden)

Jeremy Daniel Levy Morchio

2015-12-01

Full Text Available This article analyze the United Nations Commission on International Trade Law (UNCITRAL Model Law on Cross-border Insolvency and its incorporation into national law by means of the entry into force of the new Law of Insolvency and Re-entrepreneurship, paying special attention to the concept of center of main interests of the debtor, as a new factor of connection between jurisdictions. For this, we will begin with the situation of cross-border insolvency in Chile prior to the new law, will analyze the origin, structure and objectives of the model law and the way in which was introduced in Chile, to finally study the concept of center of main interests of the debtor.

Unification of Patrimonial Laws Governing International Trade

DEFF Research Database (Denmark)

Lando, Ole

2016-01-01

Should the laws of the world dealing with cross-border transactions be unified? Such unification presupposes an agreement on what we understand by ‘law’ and what its sources are. The drafters of uniform laws and lawyers who are preoccupied with comparative law often ask themselves: Is there, among...... the nations, a common core of legal values? If there is, this will facilitate legal unification. It will also make the international law-making easier if, in exceptional cases, a court is permitted to disregard a legal rule....

World law

Directory of Open Access Journals (Sweden)

Harold J. Berman

1999-03-01

Full Text Available In the third millennium of the Christian era, which is characterised by the emergence of a world economy and eventually a world society, the concept of world law is needed to embrace not only the traditional disciplines of public international law, and comparative law, but also the common underlying legal principles applicable in world trade, world finance, transnational transfer of technology and other fields of world economic law, as well as in such emerging fields as the protection of the world's environment and the protection of universal human rights. World law combines inter-state law with the common law of humanity and the customary law of various world communities.

The Adaptation Law for emissions trading. Part 2. A level playing field for emissions trading?

International Nuclear Information System (INIS)

Simonetti, S.

2010-01-01

To supplement, clarify and simplify the regulations for emission trading, the Amendment Act emission trading II was submitted to the Dutch Lower Chamber end of 2009. This article discusses the pending bill and comments on a number of remarkable stipulations that may be important to the market parties. First a brief overview is provided of the basic principles of emission trading and the players in the CO2 market. [nl

Energy trading

International Nuclear Information System (INIS)

Glachant, J.M.; Kimman, R.; Schweickardt, H.E.

2001-05-01

This document brings together 18 testimonies of experts about energy trading: 1 - the energy trading experience on European deregulated markets: structure of deregulated energy markets in Europe, case study: a two years experience of a power exchange in western Europe, case study: European energy exchanges (experience of spot and future trading), case study: risk management on energy deregulated markets; 2 - the trading activity environment and realities in France: the French electrical law and the purchase for resale, experience feedback: status after 3 months of trading in France (the first experience of a French producer), the access to the power transportation network, which legal constraints for trading in France, the access of eligible clients to the French power market, conditions of implementation of a power exchange market in France, which real trading possibilities in France for producers and self-producers in the legal frame, case study: the role of trading in the company (main part or link to process), convergence of gas and electricity markets, gas-electricity trading: which pricing models; 3 - risk management and use of new technologies potentiality, the results outside the French borders: case study: what differences between the European and US markets, prices volatility and commodity risk management: towards the on-line trading, role and developments of E-business in energy trading, how to simplify trade in a liberalized market. (J.S.)

Integrating International Business Law Concepts into a High School Business Law Course.

Science.gov (United States)

Golden, Cathleen J.; McDonald, Michael L.

1998-01-01

Outlines international business content for a high school business law curriculum: history of international business law, World Trade Organization, international disputes, contracts and sales, financing/banking, currency, taxation, intellectual property, transportation, and multinational corporations. Considers whether to teach international…

Takeover bids and insider trading

NARCIS (Netherlands)

Nelemans, Matthijs; Bainbridge, Stephen M.

2014-01-01

This paper analyses the law and economics of insider trading in the context of takeover bids, focusing on the European regulatory framework. We distinguish between trading by the bidder, by the target and by classical insiders and first address the issue of precisely when information about potential

Research Handbook on International Environmental Law

NARCIS (Netherlands)

Merkouris, Panos; Fitzmaurice, Malgosia; Ong, David

2010-01-01

This wide-ranging and comprehensive Handbook examines recent developments in international environmental law (IEL) and the crossover effects of this expansion on other areas of international law, such as trade law and the law of the sea. The expert contributors offer analyses of foundational issues

Health, alcohol and EU law: understanding the impact of European single market law on alcohol policies.

Science.gov (United States)

Baumberg, Ben; Anderson, Peter

2008-08-01

Many professionals in the alcohol field see the role of the the European Court of Justice (ECJ) as negative for health. This review examines ECJ and European Free Trade Association (EFTA) case law in the context of two broader debates: firstly the extension of European Union (EU) law into alcohol policy (the 'juridification' of alcohol policy), and secondly the extent to which alcohol policy is an example of the dominance of 'negative integration' (the removal of trade-distorting policy) over 'positive integration' (the creation of European alcohol policies). A comprehensive review of all ECJ/EFTA Court cases on alcohol, with interpretation aided by a secondary review on alcohol and EU law and the broader health and trade field. From looking at taxation, minimum pricing, advertising and monopoly policies, the extension of the scope of the these courts over alcohol policy is unquestionable. However, the ECJ and EFTA Court have been prepared to prioritize health over trade concerns when considering alcohol policies, providing certain conditions have been met. While a partial juridification of alcohol policy has led to the negative integration of alcohol policies, this effect is not as strong as sometimes thought; EU law is more health friendly than it is perceived to be, and its impact on levels of alcohol-related harm appears low. Nevertheless, lessons emerge for policymakers concerned about the legality of alcohol policies under EU law. More generally, those concerned with alcohol and health should pay close attention to developments in EU law given their importance for public health policy on alcohol.

16 CFR 240.2 - Applicability of the law.

Science.gov (United States)

2010-01-01

... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Applicability of the law. 240.2 Section 240.2 Commercial Practices FEDERAL TRADE COMMISSION GUIDES AND TRADE PRACTICE RULES GUIDES FOR ADVERTISING ALLOWANCES AND OTHER MERCHANDISING PAYMENTS AND SERVICES § 240.2 Applicability of the law. (a) The...

LATEST AMENDMENTS TO LAW NO 62/2011 ON SOCIAL DIALOGUE ENACTED BY LAW NO 1/2016

Directory of Open Access Journals (Sweden)

Aurelian Gabriel ULUITU

2016-05-01

Full Text Available Law no 62/2011 regarding the social dialogue is the most important regulation of the collective labor relations. Since 2011, when it was adopted, Law no 62/2011 was modified several times, the last legislative intervention being done by Law no 1/2016. The main modification are regarding the following aspects: method of payment by the trade union’s members of their monthly subscription; new rules regarding the possibility of the trade union or employer to affiliate at a higher level organization; the rules regarding the employers and employer’s representatives in the collective bargaining.

A theory of global trade law and the WTO

NARCIS (Netherlands)

Delimatsis, Panagiotis

2015-01-01

Trade regulation may never have been in more flux than it is now. Other than the emergence of ‘megaregionals’ (such as the Transatlantic Trade and Investment Partnership-TTIP or the Trans-pacific Partnership-TPP) and the difficulties in finalizing the Doha Development Agenda, increased heterogeneity

When is public enforcement of insider trading regulations effective?

NARCIS (Netherlands)

Wielhouwer, J.L.

2013-01-01

In this paper we investigate when public enforcement of insider trading regulations reduces the amount of insider trading. We model a game between a potentially self-interested regulator enforcing insider trading laws and a trader who may be trading on inside information. We show that equilibrium

Essential EU Climate Law

NARCIS (Netherlands)

Woerdman, Edwin; Roggenkamp, Martha; Holwerda, Marijn

2015-01-01

This innovative textbook takes a broad approach to EU climate law and presents all available legal instruments to combat climate change, ranging from greenhouse gas emissions trading to the use of renewable energy sources and energy efficiency mechanisms. After providing a definition of climate law,

27 CFR 46.94 - Relation to State and municipal law.

Science.gov (United States)

2010-04-01

... penalty or punishment provided by the laws of any State for carrying on any trade or business within that... a person engaged in business in violation of State law. The stamp is not a Federal permit or license... municipal law. 46.94 Section 46.94 Alcohol, Tobacco Products and Firearms ALCOHOL AND TOBACCO TAX AND TRADE...

Enforcement of emissions trading: Sanction regimes of greenhouse gas emissions trading in the EU and China

NARCIS (Netherlands)

Peeters, M.G.W.M.; Chen, Huizhen

2015-01-01

Abstract: This chapter aims to further the debate regarding the role of law for establishing an adequate enforcement strategy for an emissions trading scheme. We focus on sanction regimes within the EU ETS and the Chinese emissions trading pilot projects. Section 2 sets the scene by pointing at the

Enforcement of emissions trading - sanction regimes of greenhouse gas emissions trading in the EU and China

NARCIS (Netherlands)

Peeters, Marjan; Chen, Huizhen; Weishaar, Stefan

2016-01-01

This chapter aims to further the debate regarding the role of law for establishing an adequate enforcement strategy for an emissions trading scheme. We focus on sanction regimes within the EU ETS and the Chinese emissions trading pilot projects. Section 2 sets the scene by pointing at the need of an

State cigarette minimum price laws - United States, 2009.

Science.gov (United States)

2010-04-09

Cigarette price increases reduce the demand for cigarettes and thereby reduce smoking prevalence, cigarette consumption, and youth initiation of smoking. Excise tax increases are the most effective government intervention to increase the price of cigarettes, but cigarette manufacturers use trade discounts, coupons, and other promotions to counteract the effects of these tax increases and appeal to price-sensitive smokers. State cigarette minimum price laws, initiated by states in the 1940s and 1950s to protect tobacco retailers from predatory business practices, typically require a minimum percentage markup to be added to the wholesale and/or retail price. If a statute prohibits trade discounts from the minimum price calculation, these laws have the potential to counteract discounting by cigarette manufacturers. To assess the status of cigarette minimum price laws in the United States, CDC surveyed state statutes and identified those states with minimum price laws in effect as of December 31, 2009. This report summarizes the results of that survey, which determined that 25 states had minimum price laws for cigarettes (median wholesale markup: 4.00%; median retail markup: 8.00%), and seven of those states also expressly prohibited the use of trade discounts in the minimum retail price calculation. Minimum price laws can help prevent trade discounting from eroding the positive effects of state excise tax increases and higher cigarette prices on public health.

Risk analysis and the law: international law, the World Trade Organization, Codex Alimentarius and national legislation.

Science.gov (United States)

Horton, L R

2001-12-01

This paper discusses the place of risk analysis in international trade from a US perspective, through looking at the activities of the World Trade Organization and the Codex Alimentarius Commission. After examining what the trade agreements say about risk analysis and how international bodies are advancing and using risk analysis, the paper goes on to assess how risk analysis is used at a national level. Finally, recommendations are made for strengthening international food safety initiatives.

The International Trade Network: weighted network analysis and modelling

International Nuclear Information System (INIS)

Bhattacharya, K; Mukherjee, G; Manna, S S; Saramäki, J; Kaski, K

2008-01-01

Tools of the theory of critical phenomena, namely the scaling analysis and universality, are argued to be applicable to large complex web-like network structures. Using a detailed analysis of the real data of the International Trade Network we argue that the scaled link weight distribution has an approximate log-normal distribution which remains robust over a period of 53 years. Another universal feature is observed in the power-law growth of the trade strength with gross domestic product, the exponent being similar for all countries. Using the 'rich-club' coefficient measure of the weighted networks it has been shown that the size of the rich-club controlling half of the world's trade is actually shrinking. While the gravity law is known to describe well the social interactions in the static networks of population migration, international trade, etc, here for the first time we studied a non-conservative dynamical model based on the gravity law which excellently reproduced many empirical features of the ITN

Energy and emissions trading. Proceedings; Energie und Klimawandel. Tagungsband

Energy Technology Data Exchange (ETDEWEB)

Ehlers, Dirk; Wolffgang, Hans-Michael; Schroeder, Ulrich Jan (eds.)

2010-07-01

Within the 14th Muensteraner Foreign Trade legislation conference at 15th and 16th October, 2009 in Muenster (Federal Republic of Germany), the following lectures were held: (1) National and European energy policy (Dieter Kunhenn); (2) Trade, transport and distribution of energy - actual and future legal aspects (Markus J. Kachel); (3) Liberalization and regulation of energy services at multilateral and bilateral level (Christian Pitschas); (4) Legal protection for foreign direct investigations in the energy sector (Richard Kreindler); (5) Energy cartels in the light of the WTO law (Joerg Philipp Terhechte); (6) Subsidisation of renewable energy in the area of attention between WTO and EU subsidy law (Martin Lukas); (7) Legal aspects of pipeline through the Baltic Sea (Barbara Kaech); (8) Sustainability standards and their compatibility with the WTO law (Lorenz Franken); (9) Economic instruments between Kyoto and Kopenhagen - Quo vadis climate protection? (Benjamin Goeerlach); (10) Emissions rights trading with developing countries (Peter Ebsen); (11) Legal aspects of the European emissions rights trading (Stefan Altenschmidt).

A Pluralist Approach to the Law of International Sales

Directory of Open Access Journals (Sweden)

Juana Coetzee

2017-03-01

Full Text Available International trade can support economic development and social upliftment. However, people are often discouraged from contracting internationally due to the existence of differences in legal systems which act as a non-tariff barrier to trade. This article focuses on the private law framework regulating international contracts of sale. During the twentieth century the problem of diverse laws was primarily addressed by global uniform law such as the United Nations Convention on Contracts for the International Sale of Goods (CISG. However, uniform law is rarely complete and has to be supplemented by national law, trade usage or party agreement. Because there are gaps in the CISG the Swiss government has made a proposal for a new global contract law. But is this a feasible solution to the fragmentary state of international trade law? In Europe, signs of resistance are setting in against further harmonisation. The Proposal for a Common European Sales Law (CESL was recently withdrawn, and now Britain has voted to leave the European Union. Rumour has it that more countries might follow. The current private law framework for international sales contracts consists of a hybrid system where international, national, state and non-state law function side by side. This article submits that universalism is not per se the most efficient approach to the regulation of international sales law and that economic forces require a more varied approach for business-to-business transactions. The biggest challenge, however, would be to manage global legal pluralism. It is concluded that contractual parties, the courts and arbitral tribunals can effectively manage pluralism on a case-by-case basis.

Law across nations

DEFF Research Database (Denmark)

of participants keen to work together to promote research and policy development in such a lively forum." - Professor Steve Saxby PhD, Cert Ed., MBCS Professor of IT Law and Public Policy, Solicitor, Deputy Head of School (Research), Faculty of Business and Law, University of Southampton, Editor...... not only the original themes of Legal, Security and Privacy Issues in IT Law and International Law and Trade but more recently two new conferences on International Public and Private Law. The papers in this volume then represent the contributions to all these fields and reflect the strong desire......-in-Chief, The Computer Law & Security Review - The International Journal of Technology Law and Practice (Elsevier), www.elsevier.com/locate/clsr, Editor, The Encyclopedia of Information Technology Law (Sweet & Maxwell), Director ILAWS - Institute for Law and the Web - School of Law, Southampton University, www...

Distinguishing manipulated stocks via trading network analysis

Science.gov (United States)

Sun, Xiao-Qian; Cheng, Xue-Qi; Shen, Hua-Wei; Wang, Zhao-Yang

2011-10-01

Manipulation is an important issue for both developed and emerging stock markets. For the study of manipulation, it is critical to analyze investor behavior in the stock market. In this paper, an analysis of the full transaction records of over a hundred stocks in a one-year period is conducted. For each stock, a trading network is constructed to characterize the relations among its investors. In trading networks, nodes represent investors and a directed link connects a stock seller to a buyer with the total trade size as the weight of the link, and the node strength is the sum of all edge weights of a node. For all these trading networks, we find that the node degree and node strength both have tails following a power-law distribution. Compared with non-manipulated stocks, manipulated stocks have a high lower bound of the power-law tail, a high average degree of the trading network and a low correlation between the price return and the seller-buyer ratio. These findings may help us to detect manipulated stocks.

A theory of power-law distributions in financial market fluctuations.

Science.gov (United States)

Gabaix, Xavier; Gopikrishnan, Parameswaran; Plerou, Vasiliki; Stanley, H Eugene

2003-05-15

Insights into the dynamics of a complex system are often gained by focusing on large fluctuations. For the financial system, huge databases now exist that facilitate the analysis of large fluctuations and the characterization of their statistical behaviour. Power laws appear to describe histograms of relevant financial fluctuations, such as fluctuations in stock price, trading volume and the number of trades. Surprisingly, the exponents that characterize these power laws are similar for different types and sizes of markets, for different market trends and even for different countries--suggesting that a generic theoretical basis may underlie these phenomena. Here we propose a model, based on a plausible set of assumptions, which provides an explanation for these empirical power laws. Our model is based on the hypothesis that large movements in stock market activity arise from the trades of large participants. Starting from an empirical characterization of the size distribution of those large market participants (mutual funds), we show that the power laws observed in financial data arise when the trading behaviour is performed in an optimal way. Our model additionally explains certain striking empirical regularities that describe the relationship between large fluctuations in prices, trading volume and the number of trades.

77 FR 14734 - Environmental Technologies Trade Advisory Committee Public Meeting

Science.gov (United States)

2012-03-13

... DEPARTMENT OF COMMERCE International Trade Administration Environmental Technologies Trade... proposed agenda of a meeting of the Environmental Technologies Trade Advisory Committee (ETTAC). DATES: The... innovation in the environmental technology sector. Background: The ETTAC is mandated by Public Law 103-392...

Nuclear energy - the century's principles of law and good conduct in international nuclear trade

International Nuclear Information System (INIS)

Coimbra, G.L.

1992-01-01

This paper considers the object and nature of the models of nuclear co-operation between Brazil and developed countries, with regard to the peaceful uses of nuclear energy. As an observer, the author analyses some of the juridicial and ethical aspects of the Brazilian Nuclear Programme. She examines some of the realities to be faced, and points out how important it is to anticipate and take necessary steps in order that difficulties, which are easily identifiable, may be reversed in the near future. The author also calls into question the means for reversal of the current situation, so as to satisfy the parties concerned: Brazil and her potential partners. Finally, the paper aims at complying with the conclusions reached by Working Group number 3 of the International Law Association on ''The Principles of Good Conduct in the International Nuclear Trade''. (author)

The EU Greenhouse Gas Emissions Trading Scheme

NARCIS (Netherlands)

Woerdman, Edwin; Woerdman, Edwin; Roggenkamp, Martha; Holwerda, Marijn

2015-01-01

This chapter explains how greenhouse gas emissions trading works, provides the essentials of the Directive on the European Union Emissions Trading Scheme (EU ETS) and summarizes the main implementation problems of the EU ETS. In addition, a law and economics approach is used to discuss the dilemmas

The continental free trade area

DEFF Research Database (Denmark)

Sandrey, Ron; Jensen, Hans Grinsted

The Trade Law Centre (tralac) has recently capitalised upon the prerelease Version 9.2 of the Global Trade Analysis Project (GTAP) database and the recent excellent data sets from the World Bank and other publishing quality data on trade barriers across the African continent. It undertook a series...... of simulations examining regional integration and intra-African trade barrier reductions. The results for tariff elimination on intra-African trade are promising. But the real news is in confirming that these barriers are not as significant as the various trade-related barriers except for tariffs. Especially...... impressive results were forecast by simulating a modest 20% reduction in the costs associated with the particular African problem of transit time delays at customs, terminals and internal land transportation. These gains are significantly above both just intraAfrican tariff elimination and what may...

Scoin Trading (Pty)

African Journals Online (AJOL)

User

2 Scoin Trading (Pty) Ltd v Bernstein 2011 2 SA 118 (SCA). ... Literature on the law of contract in South Africa have over the years tended to hold that fault ..... who was suddenly compelled to be absent on public business was not held to be in.

Bad faith trade mark applications in China : a threat to foreign investment?

OpenAIRE

Elftorp, Kristian

2012-01-01

In a report provided by the European Chamber of Commerce in China, the problem with bad faith trade mark applications was highlighted. The report concluded that the current application of the law, combined with the procedural background constitutes an incentive rather than a deterrent for bad faith trade mark applications in China. The issue originates in Chinese defrauders conducting research among foreign companies with the intent of un- lawfully registering their trade marks in China. Sinc...

[International experience in the legal regulation of the circulation of medicines through the prism of the law of the world trade organization].

Science.gov (United States)

Pasechnyk, Olena V; Hendel, Nataliia V

2018-01-01

Introduction: The development of international legal cooperation in the field of health has largely been driven by the trade interests of states. The aim: The article analyzes the legal regulation of the circulation of medicines through the prism of the law of the World Trade Organization. Materials and methods: Using the historical legal method has allowed to analyze the genesis of legal regulation of the circulation of medicines through the prism of the law of the World Trade Organization. The dialectical method is widely used, in particular, when it comes to the issue of the ratio of market regulation of medicines circulation and public health protection, the formal logic method, in particular, in formulating the general principles, principles and methods of legal regulation in the field of medicines, as well as the systemic method, in particular, in defining the institutional component of legal regulation in the field of medicines. Review: The activities of the WTO include several areas related to health protection: international control over infectious diseases, international legal regulation of food safety (food security), tobacco control, environmental protection, international legal aspects of access and treatment of medicinal and pharmaceutical products, international legal regulation of medical services provision. Conclusions: It is proved that the right to health is a right to access to medicines. However, for many developing countries, it is problematic to obtain patents for the production of necessary medicines or to pay a license fee, which creates a barrier to the realization of the right to health.

INDONESIAN SALVAGE LAW WITHIN THE FRAMEWORK OF CONTEMPORARY MARITIME LAW

Directory of Open Access Journals (Sweden)

Dhiana Puspitawati

2015-12-01

Full Text Available Located in a strategic position, that is between two great oceans and two land masses have made Indonesia a centre of international trade and shipping. In fact, 90% of international trades are carried out through the ocean. It is therefore crucial to assure that the activities in carrying goods across the ocean are incident free. However, if accident happens, assistance from professionals to preserve items of property is desirable. In such, salvage law emerged. This paper discusses comprehensively Indonesian salvage law within the framework of contemporary maritime law. While Indonesian maritime law is mostly based on its national law on the carriage of goods by the sea, in fact, the development of maritime law is highly affected by international practices which are largely based on international conventions and regulations. This research finds that while Indonesian salvage law can be found in Book II Chapter VII article 545-568k Wetboek Van Koophandel or known as Kitab Undang-undang Hukum Dagang (KUHD, which focused narrowly on the value of salved property as the primary measures of success, yet Indonesian salvage law has not been developed in accordance with current international salvage law, which adopted a broader and more balanced approached in both commercial and environmental aspects. Although it is believed that such approached is “culturally unrecognized” in Indonesia, this research argued that since Indonesian waters are part of international waters, all process by waters including salvage should confirm the relevant international practices and regulations. While Indonesia has taken out salvage law from KUHD and regulates it within Act Number 17/2008 on navigation, however, such act only provides one article for salvage stating that salvage will be regulates further by Ministry Regulation. Untill this paper was written no such government regulation produced yet by Indonesia. Since Indonesian waters is the centre of international

To trade or not to trade: Link prediction in the virtual water network

Science.gov (United States)

Tuninetti, Marta; Tamea, Stefania; Laio, Francesco; Ridolfi, Luca

2017-12-01

In the international trade network, links express the (temporary) presence of a commercial exchange of goods between any two countries. Given the dynamical behaviour of the trade network, where links are created and dismissed every year, predicting the link activation/deactivation is an open research question. Through the international trade network of agricultural goods, water resources are 'virtually' transferred from the country of production to the country of consumption. We propose a novel methodology for link prediction applied to the network of virtual water trade. Starting from the assumption of having links between any two countries, we estimate the associated virtual water flows by means of a gravity-law model using country and link characteristics as drivers. We consider the links with estimated flows higher than 1000 m3/year as active links, while the others as non-active links. Flows traded along estimated active links are then re-estimated using a similar but differently-calibrated gravity-law model. We were able to correctly model 84% of the existing links and 93% of the non-existing links in year 2011. It is worth to note that the predicted active links carry 99% of the global virtual water flow; hence, missed links are mainly those where a minimum volume of virtual water is exchanged. Results indicate that, over the period from 1986 to 2011, population, geographical distances between countries, and agricultural efficiency (through fertilizers use) are the major factors driving the link activation and deactivation. As opposed to other (network-based) models for link prediction, the proposed method is able to reconstruct the network architecture without any prior knowledge of the network topology, using only the nodes and links attributes; it thus represents a general method that can be applied to other networks such as food or value trade networks.

Fluctuations of trading volume in a stock market

Science.gov (United States)

Hong, Byoung Hee; Lee, Kyoung Eun; Hwang, Jun Kyung; Lee, Jae Woo

2009-03-01

We consider the probability distribution function of the trading volume and the volume changes in the Korean stock market. The probability distribution function of the trading volume shows double peaks and follows a power law, P(V/)∼( at the tail part of the distribution with α=4.15(4) for the KOSPI (Korea composite Stock Price Index) and α=4.22(2) for the KOSDAQ (Korea Securities Dealers Automated Quotations), where V is the trading volume and is the monthly average value of the trading volume. The second peaks originate from the increasing trends of the average volume. The probability distribution function of the volume changes also follows a power law, P(Vr)∼Vr-β, where Vr=V(t)-V(t-T) and T is a time lag. The exponents β depend on the time lag T. We observe that the exponents β for the KOSDAQ are larger than those for the KOSPI.

International Treaties Tax Law in Brazilian Law

Directory of Open Access Journals (Sweden)

Milena Zampieri Sellmann

2016-06-01

Full Text Available International agreements are the primary source of obligations internationally, whi- ch generate reflections in national law. They have been extremely used in tax harvest because they avoid double taxation and reduce tax burden in international trade. They are formal sources of tax law, which the legislature is expressly recognized in Article 96 of the National Tax Code to set the “tax legislation” expression. Article 98 of the Code determines the supremacy of international tax agreements over national law. Against the odds, international tax agreements do not revoke or modify the national legislation, just limit the effectiveness of national law incompatible with them, with supra-legal hierarchy and infra-constitution. They are above national law, either after or before it is created, and are below the Federal Constitution, so agreements incompatible with it should not be approved by Congress and, if so, they will be subject to declaration of unconstitutionality by the Supreme Court. It is a reporting case the international agreement’s unconstitutio- nality after it is celebrated.

World Trade Organization Status of China's Trade Commitments to the United States and Other Members

National Research Council Canada - National Science Library

Cowles, Adam

2000-01-01

.... As a result, the administration has asked Congress to pass legislation that would allow the President to grant China permanent normal trade relations status, which would eliminate a potential conflict between U.S. law and U.S...

The relationship between restraints of trade and garden leave ...

African Journals Online (AJOL)

The relationship between restraints of trade and garden leave. ... Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad ... The purpose of the article is to examine the relationship between a so-called "garden leave" clause and a post-termination restraint of trade clause in employment contracts, ...

SOME THEORETICAL AND PRACTICAL ASPECTS CONCERNING THE NULLITY OF TRADING COMPANIES

Directory of Open Access Journals (Sweden)

Alexandra Gabriela Rolea

2012-11-01

Full Text Available Nullity is the civil legal sanction which determines the ineffectiveness of the juridical act, by depriving it of those effects that do not comply with the legal provisions enacted for its lawful conclusion. The sanction is applicable to both civil legal acts, among which the company contract, and legal entities, including trading companies, however, with different grounds and effects. In time, the legal doctrine has created a special category of commercial law nullities, with distinct features from those of common law nullities. In the new Civil code, the causes and effects of the company’s nullity have been taken in toto from the trading legislation and applied to all legal entities, irrespective of their legal status, which in turn has led to fierce controversies. The Article begins with a general overview of the causes and effects of the civil legal act’s nullity, including that of the company contract. The second part tackles the isssue of trading companies’ nullity, as well as that of all legal entities, according to both national and European legislation. The final part of the paper is dedicated to some proposals for the amendment and harmonization of the common law with the specific legislation on trading companies.

75 FR 4334 - Administrative Waivers of the Coastwise Trade Laws: New Definition of Eligible Vessels

Science.gov (United States)

2010-01-27

...: http://www.regulations.gov . Follow the online instructions for submitting comments on the electronic... Regulatory Notices. Docket: For access to the docket to read background documents or comments received, go to... deemed to have obtained such endorsement through fraud. Executive Order 13132 We analyzed this rulemaking...

78 FR 8699 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel UNTITLED; Invitation for...

Science.gov (United States)

2013-02-06

... entered into this docket is available on the World Wide Web at http://www.regulations.gov . FOR FURTHER... UNTITLED is: Intended Commercial Use of Vessel: Long range overnight sport fishing charters. Geographic...

78 FR 54369 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel BREAKAWAY; Invitation for...

Science.gov (United States)

2013-09-03

... entered into this docket is available on the World Wide Web at http://www.regulations.gov . FOR FURTHER... BREAKAWAY is: INTENDED COMMERCIAL USE OF VESSEL: ``Sport fishing--Any fish caught remain with customers, no...

77 FR 64184 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel FINALLY ENOUGH; Invitation...

Science.gov (United States)

2012-10-18

... entered into this docket is available on the World Wide Web at http://www.regulations.gov . FOR FURTHER..., entertainment and sport fishing. Geographic Region: ``California, Oregon and Washington.'' The complete...

77 FR 10800 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel LAURENE; Invitation for...

Science.gov (United States)

2012-02-23

... entered into this docket is available on the World Wide Web at http://www.regulations.gov . FOR FURTHER... instruction, sport fishing site seeing, ferry, travel, etc.'' Geographic Region: ``U.S. East Coast: ME, NH, MA...

77 FR 35744 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel ORIENTAL MYSTIQUE; Invitation...

Science.gov (United States)

2012-06-14

... Portland, Oregon and Oregon, City. The theme of these cruises will be on Chinese culture and nautical... businesses in the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance with 46 U.S.C. 12121... adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels in that business, a...

77 FR 71476 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel ESCAPADE; Invitation for...

Science.gov (United States)

2012-11-30

... ESCAPADE is: Intended Commercial Use of Vessel: ``Learn to Cruise'' charters. 1- 7 day charters teaching... interest in the waiver application, and address the waiver criteria given in Sec. 388.4 of MARAD's regulations at 46 CFR part 388. Privacy Act Anyone is able to search the electronic form of all comments...

Access to generic antiretrovirals: inequality, intellectual property law, and international trade agreements Acceso a antirretrovirales genéricos: desigualdad, derecho de propiedad intelectual y acuerdos comerciales internacionales

Directory of Open Access Journals (Sweden)

Arachu Castro

2007-01-01

Full Text Available The governments of numerous low- and middle-income countries are currently instituting rules that strengthen changes in domestic intellectual property legislation, often made to conform to the mandates of "free" trade agreements signed with the United States. These measures frequently include intellectual property provisions that extend beyond the patent law standards agreed upon in recent World Trade Organization negotiations, which promised to balance the exigencies of public health and patent holders. In this paper, we analyze the concern that this augmentation of patent law standards will curtail access to essential medicines, particularly as they relate to the AIDS pandemic. We critically examine the potential threats posed by trade agreements vis-à-vis efforts to provide universal access to antiretroviral medications and contend that the conditioning of economic development upon the strengthening of intellectual property law demands careful attention when public health is at stake. Finally, we examine advocacy successes in challenging patent law and conclude that greater advocacy and policy strategies are needed to ensure the protection of global health in trade negotiations.Actualmente diversos países de renta media y baja están creando leyes de propiedad intelectual más rígidas, muchas veces para adaptarse a las exigencias de los tratados de "libre" comercio con los Estados Unidos. Tales medidas suelen incluir dispositivos que transcienden las normas sobre patentes negociadas recientemente en la Organización Mundial del Comercio, que prometían equilibrar las exigencias de la salud pública y las de patentes. Este artículo analiza la preocupación de que este endurecimiento restrinja el acceso a medicamentos esenciales, en particular en el contexto de la pandemia de SIDA. El artículo examina las amenazas potenciales creadas por los tratados comerciales contra los esfuerzos dirigidos para el acceso universal a los

The trade secrets protection in U.S. and in Europe: a comparative study

Directory of Open Access Journals (Sweden)

Chiara Gaido

2017-12-01

Full Text Available Only by deeply understanding the new laws that govern trade secrets protection in the United States and Europe, companies will be able to effectively protect their own trade secrets. The purpose of this paper is to highlight the similarities and differences between both regulations to give useful guidelines to international companies who deal in both geographical areas. Therefore, the paper will focus first on the economic value of trade secrets and the costs related to cybercrime and cyberespionage. Then, it will analyze the US and EU historical legal backgrounds that brought to the adoption of both laws. Finally, this article will make a comparative analysis of the provisions in each law. Hence, the paper makes potential suggestions for companies that deal in both regimes.

The Russian Trade-Remedy System : peculiarities and future prospects / Sherzod Shadikhodjaev

Index Scriptorium Estoniae

Shadikhodjaev, Sherzod

2010-01-01

Venemaa kaubanduse parandusmeetmete süsteemi iseärasused võrreldes WTO reeglitega. Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade (1994, Marrakesh Agreement). Russian Trade-Remedy Law (2003)

Laws on technical safety. Vol. 1

International Nuclear Information System (INIS)

Eberstein, H.H.; Strecker, A.

1981-01-01

Loose-leaf collection containing the full text of 1) Law on the safety of technical equipment and materials, with administrative regulations and ordinances; 2) Section 24 of the Trading and Industrial Code, and ordinance on the use of compressed air; 3) Ordinance on the handling of hazardous materials; 4) Working Site Ordinance; 5) Law concerning works doctors, safety engineers and other personnel responsible for occupational safety; 6) Law for the protection of minors in working conditions; 7) Atomic Energy Law; 8) Radiation Protection Ordinance; 9) X-ray Ordinance; 10) Law on hazardous chemical substances; 11) Law on the carriage of dangerous goods. (HP) [de

Medical rosters and the Trade Practices Act.

Science.gov (United States)

Pengilley, Warren

2003-04-07

Medical rosters are not free of trade practices problems, notwithstanding assurances by the Australian Competition and Consumer Commission (ACCC). Neither the ACCC nor the recently convened Wilkinson Committee has applied rigorous legal principles in interpreting the Trade Practices Act 1974 (Cwlth) to reach its conclusions. The Australian law should be changed to bring it into line with that of the United States and New Zealand.

A pluralist approach to the Law of International Sales | Coetzee ...

African Journals Online (AJOL)

During the twentieth century the problem of diverse laws was primarily addressed by global uniform law such as the United Nations Convention on Contracts for the International Sale of Goods (CISG). However, uniform law is rarely complete and has to be supplemented by national law, trade usage or party agreement.

16 CFR 0.14 - Office of Administrative Law Judges.

Science.gov (United States)

2010-01-01

... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Office of Administrative Law Judges. 0.14 Section 0.14 Commercial Practices FEDERAL TRADE COMMISSION ORGANIZATION, PROCEDURES AND RULES OF PRACTICE ORGANIZATION § 0.14 Office of Administrative Law Judges. Administrative law judges are officials to whom the...

Energy law. The legal boundary conditions of power supply. 2. rev. ed.

International Nuclear Information System (INIS)

Stuhlmacher, Gerd; Stappert, Holger; Jansen, Guido

2015-01-01

Now appearing in its second edition, this book presents a comprehensive overview of the legal framework governing the energy sector. It provides readily understandable coverage, across the relevant subfields of law, of the legal regulations applicable to any manner of activity in the energy sector along with a wealth of practical advice on the interpretation and application of legal provisions. The content has been thoroughly revised, updated to reflect the current status of legislation and supplemented with numerous chapters. The 2014 amendment of the Renewable Energy Law (EEG) and its practical impact have also been taken into account. The following topics are covered amongst others: unbundling of network operation; connection and access to networks and metering; network charges and incentive regulation; easement contracts; energy supply and basic services; energy and electricity taxes; cartel law, law on operating aids, procurement law; energy trade OTC and at exchanges; energy trade surveillance law; fuel production and fracking; conventional and nuclear power production; renewable energy production (including offshore production); energy storage and power-to-gas; transmission line construction; climate protection (including the 2014 EEG, emission trade and the Law on the Promotion of Renewable Energy in the Heat Sector); cogeneration law, district heating and contracting; and investment protection.

HUMAN CAPITAL: Major Human Capital Challenges at SEC and Key Trade Agencies

National Research Council Canada - National Science Library

Hillman, Richard

2002-01-01

We appreciate the opportunity to appear here today to discuss the human capital challenges facing the agencies that play key roles in monitoring publicly traded companies and enforcing our nation's trade laws...

Private Arbitration of Incidental Public Law Issues

DEFF Research Database (Denmark)

Werlauff, Erik

2009-01-01

 The article discusses the incidental public law issues which can arise in an arbitration case, e.g. concerning power, heating, natural gas and other public facility legislation, national or Community legal restrictive trade practices law, and rules on state administration approval of the terms...... by arbitration, and where the award is nullifiable only if its findings are in violation of public policy, the ordre public. The article relies on UNCITRAL's Model Arbitration Law, the new Danish arbitration act (DAA), national European case law, and literature and case law of the European Court....

Multilateral, regional and bilateral energy trade governance

Energy Technology Data Exchange (ETDEWEB)

Leal-Arcas, Rafael; Grasso, Costantino; Rios, Juan Alemany (Queen Mary Univ. of London (United Kingdom))

2014-12-01

The current international energy trade governance system is fragmented and multi-layered. Streamlining it for greater legal cohesiveness and international political and economic cooperation would promote global energy security. The current article explores three levels of energy trade governance: multilateral, regional and bilateral. Most energy-rich countries are part of the multilateral trading system, which is institutionalized by the World Trade Organization (WTO). The article analyzes the multilateral energy trade governance system by focusing on the WTO and energy transportation issues. Regionally, the article focuses on five major regional agreements and their energy-related aspects and examines the various causes that explain the proliferation of regional trade agreements, their compatibility with WTO law, and then provides several examples of regional energy trade governance throughout the world. When it comes to bilateral energy trade governance, this article only addresses the European Union’s (EU) bilateral energy trade relations. The article explores ways in which gaps could be filled and overlaps eliminated whilst remaining true to the high-level normative framework, concentrating on those measures that would enhance EU energy security.

WORLD TRADE ORGANIZATION: Observations on China's Rule of Law Reforms

National Research Council Canada - National Science Library

Westin, Susan

2002-01-01

.... In addition, China has made a substantial number of other WTO commitments related to the rule of law areas of transparency, judicial review, uniform enforcement of laws, and nondiscriminatory treatment...

27 CFR 31.4 - Relation to State and municipal law.

Science.gov (United States)

2010-04-01

... business contrary to the laws of such State or in places prohibited by municipal law; nor shall such... municipal law. 31.4 Section 31.4 Alcohol, Tobacco Products and Firearms ALCOHOL AND TOBACCO TAX AND TRADE... State and municipal law. Compliance with the requirements of this part shall not be held to exempt any...

A FRAMEWORK FOR TRANSPARENCY IN INTERNATIONAL TRADE

Directory of Open Access Journals (Sweden)

Bernal Turnes, Paloma

2015-01-01

Full Text Available The aim of this paper is to cover the gap in literature about transparency in the context of international trade facilitation. It focuses on the importance of transparency in achieving growth in international trade and the differences between non-transparent practices and corruption in global trade. Managing the disclosure of information about rules, regulations and laws is not the only trade policy instrument where transparency becomes important. To build a framework on levels of transparency we developed a matrix classifying the transparency of each country based on ease of doing business and levels of bribery. Four different strategies are explained based on the different scenarios of transparency in international trade. The main conclusions reflect that disclosure of information is not enough to guarantee transparency and monitoring of transparency must be improved.

the harmonisation and approximation of commercial laws

African Journals Online (AJOL)

While the trade protocols have been adopted and much has been made of the harmonisation of stock exchange listing requirements and central banking regulation, it is an effort at harmonising corporate law that is noticeably absent. This article focuses on the harmonisation of business law including the supporting financial ...

Legal provisions governing technical installations, especially regulations of the Building Law, Trade-and-Industry Law, and Atomic Energy Law

International Nuclear Information System (INIS)

Nicklisch, F.

1984-01-01

The author first shows the various legal regulation patterns of the German law system with regard to technical installations and in this context discusses the comprehensive clause method which refers to scientific-technical standards. This method is said to be an adequate means of achieving suitable results in the relationship between law and technology. However, three weak points can be seen: (1) The law system uses many different standards. (2) Due to uncertainty about the real meaning and content of these standards, it is not clear how these standards are defined. (3) This in practice puts up the question to what extent statutory works of technology are a suitable tool of making legal regulations more concrete, and whether they are to be given binding force. (HSCH) [de

Trade Secrets in Life Science and Pharmaceutical Companies

Science.gov (United States)

Nealey, Tara; Daignault, Ronald M.; Cai, Yu

2015-01-01

Trade secret protection arises under state common law and state statutes. In general, a trade secret is information that is not generally known to the public and is maintained as a secret, and it provides a competitive advantage or economic benefit to the trade secret holder. Trade secrets can be worth tens or hundreds of millions of dollars, and damage awards in trade secret litigation have been high; often, there is a lot at stake. Obtaining a trade secret through “improper means” is misappropriation. If the alleged trade secret, however, was developed independently, known publicly, or not maintained as a secret, then those defenses may successfully overcome a claim for trade secret misappropriation. With today’s interconnectedness in the biotechnology and pharmaceutical fields, more collaborations, joint ventures, and outsourcing arrangements among firms, and increased mobility of employees’ careers, life science companies need to not only understand how to protect their trade secrets, but also know how to defend against a claim for trade secret theft. PMID:25414378

Trade secrets in life science and pharmaceutical companies.

Science.gov (United States)

Nealey, Tara; Daignault, Ronald M; Cai, Yu

2014-11-20

Trade secret protection arises under state common law and state statutes. In general, a trade secret is information that is not generally known to the public and is maintained as a secret, and it provides a competitive advantage or economic benefit to the trade secret holder. Trade secrets can be worth tens or hundreds of millions of dollars, and damage awards in trade secret litigation have been high; often, there is a lot at stake. Obtaining a trade secret through "improper means" is misappropriation. If the alleged trade secret, however, was developed independently, known publicly, or not maintained as a secret, then those defenses may successfully overcome a claim for trade secret misappropriation. With today's interconnectedness in the biotechnology and pharmaceutical fields, more collaborations, joint ventures, and outsourcing arrangements among firms, and increased mobility of employees' careers, life science companies need to not only understand how to protect their trade secrets, but also know how to defend against a claim for trade secret theft. Copyright © 2015 Cold Spring Harbor Laboratory Press; all rights reserved.

Identification of specific requirements for a NASA aerospace law information system and identification of the acquisition requirements for an aerospace law collection for the NASA law library

Science.gov (United States)

Morenoff, J.; Roth, D. L.; Singleton, J. W.

1972-01-01

The study to develop, implement, and maintain a space law library and information system is summarized. The survey plan; major interviews with individuals representative of potential sources, users and producers of information related to aerospace law; and system trade-off analyses are discussed along with the NASA/RECON system capability. The NASA publications of STAR and IAA are described, and the NASA legal micro-thesaurus is included.

Recurrence interval analysis of trading volumes.

Science.gov (United States)

Ren, Fei; Zhou, Wei-Xing

2010-06-01

We study the statistical properties of the recurrence intervals τ between successive trading volumes exceeding a certain threshold q. The recurrence interval analysis is carried out for the 20 liquid Chinese stocks covering a period from January 2000 to May 2009, and two Chinese indices from January 2003 to April 2009. Similar to the recurrence interval distribution of the price returns, the tail of the recurrence interval distribution of the trading volumes follows a power-law scaling, and the results are verified by the goodness-of-fit tests using the Kolmogorov-Smirnov (KS) statistic, the weighted KS statistic and the Cramér-von Mises criterion. The measurements of the conditional probability distribution and the detrended fluctuation function show that both short-term and long-term memory effects exist in the recurrence intervals between trading volumes. We further study the relationship between trading volumes and price returns based on the recurrence interval analysis method. It is found that large trading volumes are more likely to occur following large price returns, and the comovement between trading volumes and price returns is more pronounced for large trading volumes.

The Principles of the Consumer Right Protection in Electronic Trade: A Comparative Law Analysis

OpenAIRE

Elena Anatolyevna Kirillova, Elena Anatolyevna Shergunova1, Elena Stepanovna Ustinovich, Nikolay Nikolaevich Nadezhin, Lyubov Borisovna Sitdikova

2017-01-01

This paper investigates the speci嘜cs of electronic trade and the issues of protecting the rights of online-consumers, considers their rights and obligations, since we all face a radically new phenomenon in the sphere of trade – An unprecedented boom of electronic trade (e-commerce), based on the use of the Internet for concluding transactions and operations in the systems of wholesale and retail trade. The means of electronic communication provide broad opportunities for direct co...

16 CFR 305.23 - Effect on other law.

Science.gov (United States)

2010-01-01

... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Effect on other law. 305.23 Section 305.23 Commercial Practices FEDERAL TRADE COMMISSION REGULATIONS UNDER SPECIFIC ACTS OF CONGRESS RULE CONCERNING... Effect on other law. This regulation supersedes any State regulation to the extent required by section...

Private law

DEFF Research Database (Denmark)

working and researching in the key areas of law, security and privacy in IT, international trade and private law. Now, in 2010 and some seven conferences later, the event moves to Barcelona and embraces for the first time the three conference tracks just described. The papers in this work have all been...... blind reviewed and edited for quality. They represent the contributions of leading academics, early career researchers and others from an increasing number of countries, universities and institutions around the world. They set a benchmark for discussion of the current issues arising in the subject area...... and continue to offer an informed and relevant contribution to the policy making agenda. As Chair of the Conference Committee, I am once more very proud to endorse this work "Private Law: Rights, Duties & Conflicts" to all those seeking an up to date and informed evaluation of the leading issues. This work...

The Rights Granted to Trade Unions Under the Companies Act 71 of ...

African Journals Online (AJOL)

With the entering into force of the Companies Act 71 of 2008 in 2011 a number of rights were granted to trade unions by the act. The Companies Act 71 of 2008 not only grants rights to registered trade unions, as is the case in labour law, but in some cases it grants rights to trade unions representing employees at the ...

Cut and Run: Illegal Logging and Timber Trade in the Tropics | IDRC ...

International Development Research Centre (IDRC) Digital Library (Canada)

Illegal logging and trade in timber is a major cause of forest degradation in the world ... But controlling this global problem is not a simple matter of enacting new laws ... practices in the logging industry and timber trade of four tropical countries.

78 FR 30388 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel SAFARI; Invitation for Public...

Science.gov (United States)

2013-05-22

... Commercial Use Of Vessel: ``Sailing charters, tourism''. Geographic Region: ``Virginia, Maryland, Delaware... businesses in the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance with 46 U.S.C. 12121... adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels in that business, a...

77 FR 28924 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel VAN'S CATCH TWO; Invitation...

Science.gov (United States)

2012-05-16

... entered into this docket is available on the World Wide Web at http://www.regulations.gov . FOR FURTHER...'S CATCH TWO is: Intended Commercial Use of Vessel: ``Sport Fishing Charter.'' Geographic Region...

78 FR 60018 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel HOOKED FOR REEL; Invitation...

Science.gov (United States)

2013-09-30

... entered into this docket is available on the World Wide Web at http://www.regulations.gov . FOR FURTHER... HOOKED FOR REEL is: INTENDED COMMERCIAL USE OF VESSEL: Sport fishing charters GEOGRAPHIC REGION: Michigan...

78 FR 35091 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel HOT ROD; Invitation for...

Science.gov (United States)

2013-06-11

... entered into this docket is available on the World Wide Web at http://www.regulations.gov . FOR FURTHER... ROD is: INTENDED COMMERCIAL USE OF VESSEL: ``Charter Sport Fishing and Sightseeing'' GEOGRAPHIC REGION...

77 FR 151 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel SEA QUEST; Invitation for...

Science.gov (United States)

2012-01-03

... entered into this docket is available on the World Wide Web at http://www.regulations.gov . FOR FURTHER... QUEST is: Intended Commercial Use of Vessel: ``Short term charters, sport fishing and pleasure cruising...

77 FR 21150 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel ASPIRE; Invitation for Public...

Science.gov (United States)

2012-04-09

... this docket is available on the World Wide Web at http://www.regulations.gov . FOR FURTHER INFORMATION... Commercial Use of Vessel: ``Six pack charter for sport fishing.'' Geographic Region: ``Washington, Oregon...

76 FR 76812 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel LADY KAY; Invitation for...

Science.gov (United States)

2011-12-08

... entered into this docket is available on the World Wide Web at http://www.regulations.gov . FOR FURTHER... KAY is: Intended Commercial Use of Vessel: ``sight seeing cruises, personal trips (cruises), sport...

78 FR 61447 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel SEA MISS; Invitation for...

Science.gov (United States)

2013-10-03

... entered into this docket is available on the World Wide Web at http://www.regulations.gov . [[Page 61448... of the vessel SEA MISS is: INTENDED COMMERCIAL USE OF VESSEL: Charter, kids sport fishing, sight...

78 FR 23823 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel SEA HAG; Invitation for...

Science.gov (United States)

2013-04-22

... entered into this docket is available on the World Wide Web at http://www.regulations.gov . FOR FURTHER... HAG is: Intended Commercial Use of Vessel: ``Charter Sport Fishing and Recreational Diving...

77 FR 24558 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel STEPPIN UP; Invitation for...

Science.gov (United States)

2012-04-24

... federal holidays. An electronic version of this document and all documents entered into this docket is...: Intended Commercial Use of Vessel: ``All Inclusive Chartering, up to 10 days, full and half day charters...

78 FR 23823 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel FISHIN GAME; Invitation for...

Science.gov (United States)

2013-04-22

... will be available for inspection and copying at the above address between 10 a.m. and 5 p.m., E.T... FISHIN GAME is: Intended Commercial Use Of Vessel: Sport fishing excursions with six passengers or less. All fishing will be for sport only. Geographic Region: ``California, Oregon''. The complete...

78 FR 30389 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel LITTLE BAY WATCH; Invitation...

Science.gov (United States)

2013-05-22

... entered into this docket is available on the World Wide Web at http://www.regulations.gov . FOR FURTHER... LITTLE BAY WATCH is: Intended Commercial Use Of Vessel: ``Snorkel trips and marine science education...

The Transatlantic Trade and Investment Partnership (TTIP)

OpenAIRE

Arnim, Rudi von; Beck, Stefan; Compa, Lance; Eberhardt, Pia; Grumiller, Jan; Raza, Werner; Taylor, Lance; Tröster, Bernhard; Scherrer, Christoph

2014-01-01

The United States of America and the European Union are currently negotiating a Transatlantic Trade and Investment Partnership (TTIP). It is one of the most ambitious free trade and investment initiatives, going much further than eliminating tariffs. TTIP mainly aims at reducing “non-tariff barriers”. While tariffs on goods have been imposed with an eye to foreign competition, most of the non-tariff barriers are the laws and regulations that are the result of social struggles for the protecti...

Trade Secrets in the Legal Studies Curriculum--A Case Study

Science.gov (United States)

Evans, Michelle

2012-01-01

Trade secrets can be a valuable company asset because of their potential to last forever. Unfortunately, along with such a significant benefit, there is also a significant risk--the risk that the trade secret can be lost in an instant if it is not sufficiently protected. Companies must be vigilant in protecting these secrets. However, the law is…

Electricity trade under financial market supervision; Der Stromhandel unter Finanzmarktaufsicht

Energy Technology Data Exchange (ETDEWEB)

Hagena, Martin

2011-07-01

With the competitive opening of the electricity market at European and national level, the goods electricity became a freely traded commodity. The author of the contribution under consideration describes the legal consequences related to financial market for trading electricity in the context of the current Directive 2004/39/EC now under consideration of the commodity futures trading in its representational scope. The statements clearly indicate that the power market is a goods market with its own laws and not a classical financial market. It considers what characteristics exist in electricity trading and whether and how they are considered for regulatory purposes.

The Government's Role in Facing the Injustice of Global Trade

OpenAIRE

Sood, Muhammad

2013-01-01

Despite the controversy about the liberalization of trade, however the government of Indonesia has ratified the WTO provisions by the discharge of the Act Number 7 Year 1994 concerning the Agreement on establishment of the World Trade Organization. This is a fact of law that formed base on the political will of the Indonesian government to encourage the free trade system as an impact of the circulation of the vital flow of goods, services, capital and labor among countries in both the regiona...

The trading relationship between the EU and Mercosur: the mediatory role of Brazil

OpenAIRE

Santos, Filipa Daniela Gomes dos

2015-01-01

Dissertação de mestrado em European and Transglobal Business Law The global multilateralism has been the option for the expansion of trade and economic investments. The objectives of free trade exceeded the traditional notion of trade in goods liberalization to include contemporary topics such as services, investment and intellectual property and to be consistent with the rules established by the World Trade Organization (WTO). The interest of developing countries to impleme...

Employees, Trade Secrets and Restrictive Covenants

NARCIS (Netherlands)

Kamperman Sanders, Anselm; Heath, C.

2017-01-01

The book covers the protection of trade secrets and the law on post-contractual non-compete clauses (restrictive covenants) in an employment context. The topic is approached on an international and comparative level (chapters 1–3 and 10), and by way of country reports covering several European and

Rules-of-trade for international nuclear commerce

International Nuclear Information System (INIS)

Harris, W.R.

1978-07-01

The rules-of-trade are those treaties, laws, executive agreements, and implementing regulations that apply to international transfers of nuclear materials, equipment, technology, or skilled personnel. The rules-of-trade are a key element in assuring the international commerce that facilitates deployment of nuclear energy will not also facilitate the manufacture of nuclear explosive devices. But the rules must be pertinent, enforceable, and understandable. The two principal problems of current rules-of-trade concern their enforceability and their flexibility; these are discussed at some length. The following additional concerns are described briefly: fast breeder reactors, spent fuel management, nonconforming parties, eligibility for international financing, fair competition and equity, and pre-existing facilities

KEWENANGAN OTORITAS JASA KEUANGAN MENGENAI PERLINDUNGAN HUKUM BAGI INVESTOR TERHADAP TINDAKAN TIPPEE YANG MELAKUKAN INSIDER TRADING DALAM PERDAGANGAN SAHAM

Directory of Open Access Journals (Sweden)

Made Dwi Juliana

2015-07-01

Full Text Available One type of a criminal in the capital market is the practice of  insider trading. Insider trading is an act that involves a group of insider in the capital market who deliberately exploit information that has not been released to investors with the advantages. In insider trading there are two actors such as party directly as an insider who works in the company or indirect as tippee party who obtain confidential information from an insider. Tippee is the party who receives confidential information from an insider either passively or actively against the law or not against the law for personal gain in the stock trading. This is very detrimental to the investors in the stock trading. Because of that if needs the protection for investors against the actions of the Tippee.  This study discusses two (2 problem first about the subject matter of the action form Tippee in insider trading to the stock at Indonesia and the second about OJK authority on legal protection for investors in case of insider trading by the Tippee in capital market activities. This research is a normative law. The Method approach is the approach of legislation, conceptual approach and comparative approach. Legal materials used are primary and secondary legal materials. Mechanical collection of legal materials is through the study of literature that further uses analysis techniques that description techniques and interpretation. The results shows that this form of action Tippee can be done actively and passively. Actively to perform an unlawful act such as stealing information. In is not trying to fight the law, but to obtain inside information and legal safeguards for investors to act with regard to insider trading Tippee do give legal certainty through legislation and legal certainty by the OJK through law enforcement

Deliverables and Pledges under Ethiopian Trade Competition Law

African Journals Online (AJOL)

Elias N. Stebek

Code of 1960, special legislation on mandatory safety standards, Ethiopia's criminal law and .... mainstream in countries such as (West) Germany during the post-World War II era until the Mid ..... nature or system of manufacturing or manufacturing place or content or suitableness for ..... Generating an entrepreneurial class.

The Treaty of Tordesillas and the (reInvention of International Law in the Age of Discovery

Directory of Open Access Journals (Sweden)

Tatiana Waisberg

2017-05-01

Full Text Available This paper aims to investigate some of the main features of sixteenth century international law in order to challenge traditional international law foundations. By exploring concrete cases, and indicating situations in which state and non-state actors resorted to international norms in order to promote trade and celebrate peace treaties, it is inquired whether some pre-Westphalia international trade and warfare practices may be defined as the beginning of “modern” international law.

Environmental law. 2. rev. and enl. ed.; Umweltrecht

Energy Technology Data Exchange (ETDEWEB)

Koch, H.J. (ed.) [Hamburg Univ. (Germany). Forschungsstelle Umweltrecht

2007-07-01

The text book under consideration already is addressed to lawyers and students of jurisprudence. It enables an introduction into the general environmental law and consists of sixteen autonomous chapters: (a) International law in the field of ecology (Matthias Buck, Roda Verheyen); (b) European and national environmental constitutional law (Johannes Caspar); (c) General environmental administrative law (Ulrich Ramsauer); (d) Pollution abatement law (Hans-Joachim Koch); (e) Water protection law (Silke Laskowski, Cornelia Ziehm); (f) Recycling economy law and waste management law (Martin Dieckmann, Moritz Reese); (g) Nature conservation law (Christian Maass, Peter Schuette); (h) Soil conservation law and contaminated sites law (Nikolaus Herrmann); (i) Energy legal regulations as an instrument of environmental protection (Wolfgang Ewer); (j) Atomic energy law (Klaus Jankowski); (k) Genetic engineering law (Ursula Prall); (l) Law of hazardous materials (Eckhard Pache); (m) Environmental law in planning law (Nikolaus Hermann); (n) Environment and traffic (Philipp Hermann, Ekkehard Hofmann); (o) Agriculture and ecology (Ulf-Henning Moeker); (p) Liberal trade and environmental protection (Matthias Buck).

Emissions trading for climate policy - US and European perspectives

Energy Technology Data Exchange (ETDEWEB)

Bernd Hansjuergens (ed.) [Martin Luther-Universitaet Halle-Wittenburg (Germany)

2005-07-01

The 1997 Kyoto Conference introduced emissions trading as a new policy instrument for climate protection. Bringing together scholars in the fields of economics, political science and law, this book provides a description, analysis and evaluation of different aspects of emissions trading as an instrument to control greenhouse gases. The authors analyse theoretical aspects of regulatory instruments for climate policy, provide an overview of US experience with market-based instruments, draw lessons from existing trading schemes for the control of greenhouse gases, and discuss options for emissions trading in climate policy. They also highlight the background of climate policy and instrument choice in the US and Europe and of the emerging new systems in Europe, particularly the new EU's directive for a CO{sub 2} emissions trading system. 8 figs., 15 tabs.

IMPLEMENTATION OF TRADE LAWS: IMPLICATIONS IN THE PRICE CONTROL POLICY OF COMMUNITY NEEDS

Directory of Open Access Journals (Sweden)

Engkus Engkus

2018-01-01

Full Text Available [Implementation Of Trade Laws: Implications In The Price Control Policy Of Community Needs] Issuing the act no 7 year 2014 about tade, Indonesia has new hope to design the obscene of social basic requirements were going on all this time. The main problem in the research that “increasing and decreasing pricefluctuatively” has became repeatedly in Ramadhan. It has been caused by some factors: Unbalancing Supply and demand not done optimally yet. The aim of the research to collect data, facta and problems analyses them and directly or indirectlywe want to know and increase for academic nuance as theorital, also who want to know about them deeply. The research is qualitative research, using the technical of theresearch are observation, interview, documental history and documental audio visual. The results of research, before, at the moment, after Ramadhan, the price of social basic requirements still increasely and fluctuatively. Government intervention, by short term policy not touched social basic requirements continously yet. So piling them were not clearness of official. Raring supply, increasing demand, It has been caused by social increasing consumption, Finally high increasing price. Conclusion: The price control social basic requirements policy, complately by redesign comprehensive, transparancy, participative and continuosly policy, from central government to local government towards nation autonomy in food. Keywords: Increasing Price, clearness of official, Control.

Climate protection laws in Taiwan

International Nuclear Information System (INIS)

Chiu, Yen-Lin Agnes

2014-01-01

The contribution on climate protection laws in Taiwan is first describing the international position and cooperation with UNFCCC, The national climate protection policy covers energy and industry, trading and economy, forestry and agriculture, traffic and local affairs, society and education. The description of the actual legislation includes the constitutional framework, environmental legislation, air pollution legislation, environmental compatibility regulations, renewable energy development legislation, energy management laws, legal drafts concerning reduction of greenhouse gas emission and energy taxes. Finally the competences and responsibilities of authorities are summarized.

The wine trade, piracy and maritime contract law in late medieval Southampton

OpenAIRE

Pamuk, Fatih

2014-01-01

Ankara : The Department of History, İhsan Doğramacı Bilkent University, 2014. Thesis (Master's) -- Bilkent University, 2014. Includes bibliographical references leaves 102-105. In late medieval Southampton, wine was a commodity, which was extensively traded, and quite precious to the pirates of the English Channel because it was easy to sell and the vessels loaded with wine had less protection than the ships of precious metals. Therefore, increase of wine trade in the late m...

EU Energy Law. Volume 4. The EU Greenhouse Gas Emissions Trading Scheme

International Nuclear Information System (INIS)

Delbeke, J.; Hartridge, O.; Lefevere, J.; Meadows, D.; Runge-Metzger, A.; Slingenberg, Y.; Vainio, M.; Vis, P.; Zapfel, P.

2006-06-01

Gives valuable insights in the why's, how's, trade-offs, and critical design choices of the Emission Trading System of the European Union (EU ETS). The chapters deal with (1) The EU ETS: the result of a decade of policy action on the economic dimension of EU environmental policy; (2) The international climate policy developments of the 1990s: UNFCCC, the Kyoto Protocol, the Marrakech Agreements and the EU's Kyoto ratification decision; (3) Emissions trading: What is it? Design options and misconceptions; (4) The EU ETS Directive 2003/87/EEC explained; (5) The EU ETS Linking Directive explained; (6) The economic efficiency benefits of the EU ETS; (7) The NAP I experience; (8) The key importance of the Registry Regulation and of solid monitoring and verification; and (9) The potential role of the EU ETS for the elaboration of the post-2012 international climate regime. Conclusions are in chapter 10

A Comparative Analysis of the Ethos, Role and Function of Implied Obligations in Shipping Law and General Law of Contract

OpenAIRE

Ndi, George; Alawneh, Tariq

2015-01-01

The law governing the international carriage of goods by sea is deeply rooted in the doctrine of freedom of contract. The historical origins of the shipping industry itself can be traced to the era of 'laissez faire' in which contractual practice, based on negotiated terms and conditions, was free from the regulatory constraints of the state. It is for this reason that to this day modern shipping law is still rooted in the common law and customary trade usages with very limited statutory infl...

Ukraine's Membership in the World Trade Organization

Directory of Open Access Journals (Sweden)

Sergio Marchi

2004-02-01

Full Text Available The WTO is a multilateral organization that seeks to ensure that international trade relations are governed by the rule of law and not by the rule of power. It comprises a network of contractual rules and commitments capable of being monitored and enforced multilaterally. Ukraine’s accession to the WTO has been marked by notable achievements in the areas of legislation and bilateral agreements with member-states regarding market access. Outstanding issues in Ukraine’s accession include agriculture, industry policy, trade-related investment measures (TRIMs, technical barriers to trade (TBT, sanitary and phyto-sanitary (SPS measures, and intellectual property rights. While completion of the process relies on Ukraine’s efforts alone, progress is being made and is expected to reach a successful conclusion.

Measurable inhomogeneities in stock trading volume flow

Science.gov (United States)

Cortines, A. A. G.; Riera, R.; Anteneodo, C.

2008-08-01

We investigate the statistics of volumes of shares traded in stock markets. We show that the stochastic process of trading volumes can be understood on the basis of a mixed Poisson process at the microscopic time level. The beta distribution of the second kind (also known as q-gamma distribution), that has been proposed to describe empirical volume histograms, naturally results from our analysis. In particular, the shape of the distribution at small volumes is governed by the degree of granularity in the trading process, while the exponent controlling the tail is a measure of the inhomogeneities in market activity. Furthermore, the present case furnishes empirical evidence of how power law probability distributions can arise as a consequence of a fluctuating intrinsic parameter.

16 CFR 304.4 - Application of other law or regulation.

Science.gov (United States)

2010-01-01

... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Application of other law or regulation. 304.4 Section 304.4 Commercial Practices FEDERAL TRADE COMMISSION REGULATIONS UNDER SPECIFIC ACTS OF CONGRESS RULES AND REGULATIONS UNDER THE HOBBY PROTECTION ACT § 304.4 Application of other law or...

17 CFR 240.10b5-2 - Duties of trust or confidence in misappropriation insider trading cases.

Science.gov (United States)

2010-04-01

... in misappropriation insider trading cases. 240.10b5-2 Section 240.10b5-2 Commodity and Securities... Devices and Contrivances § 240.10b5-2 Duties of trust or confidence in misappropriation insider trading... of insider trading under Section 10(b) of the Act and Rule 10b-5. The law of insider trading is...

Financial power laws: Empirical evidence, models, and mechanisms

International Nuclear Information System (INIS)

Lux, Thomas; Alfarano, Simone

2016-01-01

Financial markets (share markets, foreign exchange markets and others) are all characterized by a number of universal power laws. The most prominent example is the ubiquitous finding of a robust, approximately cubic power law characterizing the distribution of large returns. A similarly robust feature is long-range dependence in volatility (i.e., hyperbolic decline of its autocorrelation function). The recent literature adds temporal scaling of trading volume and multi-scaling of higher moments of returns. Increasing awareness of these properties has recently spurred attempts at theoretical explanations of the emergence of these key characteristics form the market process. In principle, different types of dynamic processes could be responsible for these power-laws. Examples to be found in the economics literature include multiplicative stochastic processes as well as dynamic processes with multiple equilibria. Though both types of dynamics are characterized by intermittent behavior which occasionally generates large bursts of activity, they can be based on fundamentally different perceptions of the trading process. The present paper reviews both the analytical background of the power laws emerging from the above data generating mechanisms as well as pertinent models proposed in the economics literature.

Global trade and health: key linkages and future challenges.

Science.gov (United States)

Bettcher, D W; Yach, D; Guindon, G E

2000-01-01

Globalization of trade, marketing and investment has important implications for public health, both negative and positive. This article considers the implications of the single package of World Trade Organization (WTO) agreements for public health research and policy, focusing on three themes: commodities, intellectual property rights, and health services. The main aims of the analysis are as follows: to identify how trade issues are associated with the transnationalization of health risks and possible benefits; to identify key areas of research; and to suggest policy-relevant advice and interventions on trade and health issues. The next wave of international trade law will need to take more account of global public health issues. However, to become more engaged in global trade debates, the public health community must gain an understanding of the health effects of global trade agreements. It must also ensure that its own facts are correct, so that public health is not blindly used for political ends, such as justifying unwarranted economic protectionism. "Healthy trade" policies, based on firm empirical evidence and designed to improve health status, are an important step towards reaching a more sustainable form of trade liberalization.

How do international trade obligations affect policy options for obesity prevention? Lessons from recent developments in trade and tobacco control.

Science.gov (United States)

von Tigerstrom, Barbara

2013-06-01

Regulatory measures, including taxes and subsidies on food and beverage products, food labelling requirements, regulation of food content and regulation of food marketing, have been proposed to encourage healthier eating and prevent obesity. The objective of this article is to explore the extent to which international trade agreements affect governments' choices to use such regulatory measures. It reviews key provisions of relevant World Trade Organization (WTO) agreements and their implications. Some insights can be gained by examining 2 recent developments in the WTO regarding tobacco control: a current dispute involving Australia's plain packaging law and its effect on trademarks, and a recent decision involving the United States law banning flavoured cigarettes. This decision said that the ban did not restrict trade more than necessary to fulfil its legitimate health objective, but it was discriminatory because it banned imported products (clove cigarettes) while exempting domestic products (menthol cigarettes) with similar characteristics. The conclusion we can draw from this decision is that WTO member states probably enjoy a significant degree of latitude in developing food regulations as part of an obesity prevention strategy, so long as those do not disproportionately affect imported products and therefore raise questions of discrimination. The approach taken in this case encourages the adoption of public health policies that are consistent with strong scientific evidence, but may restrict governments' ability to make political compromises, which could frustrate some proposals. The ongoing development of WTO law will continue to affect policy choices in public health. Copyright © 2013 Canadian Diabetes Association. Published by Elsevier Inc. All rights reserved.

271 A New Approach in the Social Field – Law No. 62/2011

Directory of Open Access Journals (Sweden)

Radu Răzvan Popescu

2012-05-01

Full Text Available Law no. 62/2011 of social dialogue, as it was regulated by the lawmaker, comes and reuniteswithin it a series of fundamental institutions in social matters, such as: social dialogue (trade unions,employees’ representatives, owners’ associations, the Economic and Social Council, the collectiveemployment contract, labour conflicts and, not lastly, a series of elements pertaining to labour jurisdiction. Itthus abrogates the old regulations in the matter: Law no. 54/2003 with respect to trade unions, Law no.356/2001 regarding owners’ associations, Law no. 109/1997 regarding the organizing and functioning of theEconomic and Social Council, Law no. 130/1996 with respect to the collective employment contracts, Lawno. 168/1999 regarding the settling of labour conflicts and Government Decision (G.D. no. 369/2009regarding the establishment and functioning of the social dialogue commissions at the level of the centralpublic administration and at the territorial level.

Law of the energy economy. A practical manual. 2. ed.; Recht der Energiewirtschaft. Praxishandbuch

Energy Technology Data Exchange (ETDEWEB)

Schneider, J.P. [Osnabrueck Univ. (Germany); Theobald, C. (eds.)

2008-07-01

The handbook under consideration describes the substantive law of the electricity market and gas market in a form understandable for laymen. After an introductory presentation of the technical-economical, national and European fundamentals of the energy law, contributions follow to the topics: (a) Adjustment of market structures and market participants; (b) Planning and permission of energy installations; (c) Questions of licensing and expropriation; (d) Rules for energy trade and emissions trading, grid operation and grid utilization; (e) Energy authorities and adjustment procedures; (f) Promotion of renewable energies, combined heat and power generation and energy conservation as well as current expensive law. The manual considers comprehensively the legal and energy-industry developments since the fundamental revised version of the power industry law.

46 CFR 221.13 - General approval.

Science.gov (United States)

2010-10-01

...; (iii) Bareboat or demise Charters of vessels operating in the coastwise trade. A Documented Vessel... such transfer would be contrary to the foreign policy of the United States as declared by an executive... bulk cargo vessels engaged in carrying bulk raw and processed agricultural commodities from the United...

Would Enforcing Competition Law Compromise Industry Policy Objectives?

OpenAIRE

Evenett, Simon J.

2005-01-01

One recurring concern in the debate over the efficacy of enacting competition laws in developing countries is that its enforcement may compromise important industrial policy goals. This concern has been raised in regional fora and in multilateral organizations such as the World Trade Organization, where officials have considered the pros and cons of including competition provisions in international trade agreements. However, the concern is broader and often national debates over the merits of...

Trade Mark Coexistence Agreements: What is all the (lack of) fuss about?

DEFF Research Database (Denmark)

Elsmore, Matthew J.

2008-01-01

time and space is allocated to trade mark coexistence agreements. Despite a shortage of authoritative rulings, it is not immediately clear why, especially as they may be having a profound impact on the use of product markers. Coexistence agreements commonly exist between parties with at least similar...... trade marks who decide to formally coexist, often in the wake of legal skirmishes. In the busy European market, where Community-wide protection is available, an up-front contract may be an attractive way to avoid trade mark conflict. When these contracts work, trade mark law is effectively pre...

Malta and the Nineteenth Century Grain Trade

DEFF Research Database (Denmark)

Sharp, Paul Richard

2009-01-01

It is often assumed that Britain's colonies followed the British doctrine of free trade in the second half of the nineteenth century. Malta, which became a British colony in 1814, did indeed become an early free trader. However, she failed to liberalize the grain trade, even when the mother country....... The duties on grain in Malta were therefore not protectionist, but rather for revenue purposes, in contrast to the UK Corn Laws. Taxing an inelastic demand for foreign wheat by Maltese, who were unable to grow enough food to support themselves, was certainly an effective way of raising revenue, but probably...

Malta and the Nineteenth Century Grain Trade

DEFF Research Database (Denmark)

Sharp, Paul Richard

It is often assumed that Britain's colonies followed the British doctrine of free trade in the second half of the nineteenth century. Malta, which became a British colony in 1814, did indeed become an early free trader. However, she failed to liberalize the grain trade, even when the mother country....... The duties on grain in Malta were therefore not protectionist, but rather for revenue purposes, in contrast to the UK Corn Laws. Taxing an inelastic demand for foreign wheat by Maltese, who were unable to grow enough food to support themselves, was certainly an effective way of raising revenue, but probably...

Jane Kelsey, Serving Whose Interests? The Political Economy of Trade in Services Agreements

Directory of Open Access Journals (Sweden)

Maureen Irish

2009-02-01

Full Text Available Serving Whose Interests is an examination of the General Agreement on Trade in Services [GATS] since its inception in 1995, with several case studies that discuss services trade in specific applications around the world. The scholarship i s extensive and detailed. Jane Kelsey, law professor at the University of Auckland, has criticized the pro-market services trade regime i n her role as a political activist. In this book, her goals are to make the technicalities of trade rules accessible and to show their effects on people and communities.

An Overview of Multimedia and the Law.

Science.gov (United States)

Boelzner, David E.

2000-01-01

Reviews the areas of intellectual property law, including patent, copyright, and trademark, and discusses how multimedia raises legal issues in each area. Discusses trade secrets, issues raised by online technology, and issues for licensing and developing multimedia works. (Author/LRW)

Pocket book for the fuel trade 78/79. Compendium of the fuel trade. Buyer's guide for members of the fuel trade. Taschenbuch fuer den Brennstoffhandel 78/79. Kompendium des Brennstoffhandels. Einkaufsfuehrer fuer den Brennstoffhandel

Energy Technology Data Exchange (ETDEWEB)

Temming, D [ed.

1978-01-01

After a list of the mineral oil companies, pit-coal and brown coal companies and wholesalers of fuel oil and coal in the Federal Republic of Germany topics of business economics, competitive trade law, price law and cartel law are dealt with and explanations about health insurance and social insurance, industrial law and motor-vehicle keeping are given. Apart from comparisons of heating costs for usage and the latest traffic tariffs for railway and road networks the pocket-book contains the latest laws and regulations relevant for the fuel dealer. Furthermore, current topics of advertising and sales promotion of fuel-oil and coal are discussed. The energy balance and the overall economies of the Federal Republic of Germany are presented by figures in the chapter dealing with data on fuel-oil technology and fuel-oil industry.

The high price of "free" trade: U.S. trade agreements and access to medicines.

Science.gov (United States)

Lopert, Ruth; Gleeson, Deborah

2013-01-01

The United States' pursuit of increasingly TRIPS-Plus levels of intellectual property protection for medicines in bilateral and regional trade agreements is well recognized. Less so, however, are U.S. efforts through these agreements to influence and constrain the pharmaceutical coverage programs of its trading partners. Although arguably unsuccessful in the Australia- U.S. Free Trade Agreement (AUSFTA), the U.S. nevertheless succeeded in its bilateral FTA with South Korea (KORUS) in establishing prescriptive provisions pertaining to the operation of coverage and reimbursement programs for medicines and medical devices, which have the potential to adversely impact future access in that country. More recently, draft texts leaked from the current Trans Pacific Partnership Agreement (TPPA) negotiations show that U.S. objectives include not only AUSFTA-Plus and KORUS-Plus IP provisions but also ambitious inroads into the domestic health programs of its TPPA partners. This highlights the apparent conflict between trade goals - pursued through multilateral legal instruments to promote economic "health"- and public health objectives, such as the development of treatments for neglected diseases, the pursuit of efficiency and equity in priority setting, and the procurement of medicines at prices that reflect their therapeutic value and facilitate affordable access. © 2013 American Society of Law, Medicine & Ethics, Inc.

Book Review - V Pogoretskyy, Freedom of Transit and Access to Gas Pipeline Networks Under WTO Law (Cambridge University Press, 2017)

NARCIS (Netherlands)

Marhold, Anna

2017-01-01

In Freedom of Transit and Access to Pipeline Networks under WTO Law, the author appropriately introduces the topic by stating that energy is featuring increasingly prominently as a topic in international trade law. Indeed, while being a dormant issue in the World Trade Organization (“WTO” forum for

Mechanisms for Limiting Trade Mark Rights to Further Competition and Free Speech

DEFF Research Database (Denmark)

Ramsey, Lisa P; Schovsbo, Jens Hemmingsen

2013-01-01

This article evaluates the different mechanisms that nations use to limit trade mark rights to promote competition, free speech, and other public interests. It shows how EU and US trade mark laws seem to be converging towards a similar model which includes both (1) specific statutory defenses...... of these mechanisms for limiting trade mark rights to better protect the public interest in trade mark disputes. Finally, a proposal for reform is suggested. It consists of three parts: (1) domestic legislatures should revise their trade mark statutes to add more mandatory and specific limitations on trade mark...... to trade mark violations and (2) trade mark doctrines which give courts flexibility to permit unauthorized uses of marks that further the legitimate interests of the accused infringer and the public. Such a development should be welcomed and the article urges other nations to consider adopting one or both...

46 CFR 388.4 - Criteria for grant of a waiver.

Science.gov (United States)

2010-10-01

... unduly adversely affect— (i) United States vessel builders; or (ii) The coastwise trade business of any person who employs vessels built in the United States in that business. (2) The determination of “unduly... builders: Whether a potentially affected U.S. vessel builder has a history of construction of similar...

The Influence of Low-carbon Economy on Global Trade Pattern

Science.gov (United States)

Xiao-jing, Guo

Since global warming has seriously endangered the living environment of human being and their health and safety, the development of low-carbon economy has become an irreversible global trend. Under the background of economic globalization, low-carbon economy will surely exert a significant impact on global trade pattern. Countries are paying more and more attention to the green trade. The emission permits trade of carbon between the developed countries and the developing countries has become more mature than ever. The carbon tariff caused by the distribution of the "big cake" will make the low-cost advantage in developing countries cease to exist, which will, in turn, affect the foreign trade, economic development, employment and people's living in developing countries. Therefore, under the background of this trend, we should perfect the relevant laws and regulations on trade and environment as soon as possible, optimize trade structure, promote greatly the development of service trade, transform thoroughly the mode of development in foreign trade, take advantage of the international carbon trading market by increasing the added value of export products resulted from technological innovation to achieve mutual benefit and win-win results and promote common development.

Considering WTO law in the design of climate change regimes beyond Kyoto

Science.gov (United States)

Gaines, Sanford E.

2009-11-01

This article describes the most important provisions of World Trade Organization (WTO) agreements that should be considered in designing laws and regulations under likely post-Kyoto climate change mitigation regimes. The Kyoto Protocol and the expected post-Kyoto international climate agreement depend on national measures to implement market-based mitigation measures. This market strategy promotes international exchanges of goods, investments, and services such as cross-border trading of credits for emissions reductions and transnational financing for projects that avoid emissions through the Clean Development Mechanism. Moreover, the United States and other countries, concerned over "leakage" of greenhouse gas (GHG) emissions through relocation of industry to other countries coupled with political worry over manufacturing competitiveness, have proposed national climate legislation containing border adjustments on imported goods or implicit subsidies for national producers, raising additional WTO considerations. The article assesses the likely effectiveness of such trade-related measures in achieving climate change mitigation goals and the potential trade policy infringements and trade distortions that they might bring about. Alternative strategies for achieving GHG mitigation goals in closer conformity with WTO law and policy will be suggested.

Considering WTO law in the design of climate change regimes beyond Kyoto

International Nuclear Information System (INIS)

Gaines, Sanford E

2009-01-01

This article describes the most important provisions of World Trade Organization (WTO) agreements that should be considered in designing laws and regulations under likely post-Kyoto climate change mitigation regimes. The Kyoto Protocol and the expected post-Kyoto international climate agreement depend on national measures to implement market-based mitigation measures. This market strategy promotes international exchanges of goods, investments, and services such as cross-border trading of credits for emissions reductions and transnational financing for projects that avoid emissions through the Clean Development Mechanism. Moreover, the United States and other countries, concerned over 'leakage' of greenhouse gas (GHG) emissions through relocation of industry to other countries coupled with political worry over manufacturing competitiveness, have proposed national climate legislation containing border adjustments on imported goods or implicit subsidies for national producers, raising additional WTO considerations. The article assesses the likely effectiveness of such trade-related measures in achieving climate change mitigation goals and the potential trade policy infringements and trade distortions that they might bring about. Alternative strategies for achieving GHG mitigation goals in closer conformity with WTO law and policy will be suggested.

Organ trade using social networks.

Science.gov (United States)

Alrogy, Waleed; Jawdat, Dunia; Alsemari, Muhannad; Alharbi, Abdulrahman; Alasaad, Abdullah; Hajeer, Ali H

2016-01-01

Organ transplantation is recognized worldwide as an effective treatment for organ failure. However, due to the increase in the number of patients requiring a transplant, a shortage of suitable organs for transplantation has become a global problem. Human organ trade is an illegal practice of buying or selling organs and is universally sentenced. The aim of this study was to search social network for organ trade and offerings in Saudi Arabia. The study was conducted from June 22, 2015 to February 19, 2016. The search was conducted on Twitter, Google answers, and Facebook using the following terms: kidney for sale, kidneys for sale, liver for sale, kidney wanted, liver wanted, kidney donor, and liver donor. We found a total of 557 adverts on organ trade, 165 (30%) from donors or sellers, and 392 (70%) from recipients or buyers. On Twitter, we found 472 (85%) adverts, on Google answers 61 (11%), and on Facebook 24 (4%). Organ trade is a global problem, and yet it is increasingly seen in many countries. Although the Saudi Center for Organ Transplantation by-laws specifically prohibits and monitors any form of commercial transplantation, it is still essential to enforce guidelines for medical professionals to detect and prevent such criminal acts.

Organ trade using social networks

Directory of Open Access Journals (Sweden)

Waleed Alrogy

2016-01-01

Full Text Available Organ transplantation is recognized worldwide as an effective treatment for organ failure. However, due to the increase in the number of patients requiring a transplant, a shortage of suitable organs for transplantation has become a global problem. Human organ trade is an illegal practice of buying or selling organs and is universally sentenced. The aim of this study was to search social network for organ trade and offerings in Saudi Arabia. The study was conducted from June 22, 2015 to February 19, 2016. The search was conducted on Twitter, Google answers, and Facebook using the following terms: kidney for sale, kidneys for sale, liver for sale, kidney wanted, liver wanted, kidney donor, and liver donor. We found a total of 557 adverts on organ trade, 165 (30% from donors or sellers, and 392 (70% from recipients or buyers. On Twitter, we found 472 (85% adverts, on Google answers 61 (11%, and on Facebook 24 (4%. Organ trade is a global problem, and yet it is increasingly seen in many countries. Although the Saudi Center for Organ Transplantation by-laws specifically prohibits and monitors any form of commercial transplantation, it is still essential to enforce guidelines for medical professionals to detect and prevent such criminal acts.

Avian Influenza H5N1 and the Wild Bird Trade in Hanoi, Vietnam

Directory of Open Access Journals (Sweden)

F. Brooks-Moizer

2009-06-01

Full Text Available Wildlife trade and emerging infectious diseases pose significant threats to human and animal health and global biodiversity. Legal and illegal trade in domestic and wild birds has played a significant role in the global spread of highly pathogenic avian influenza H5N1, which has killed more than 240 people, many millions of poultry, and an unknown number of wild birds and mammals, including endangered species, since 2003. This 2007 study provides evidence for a significant decline in the scale of the wild bird trade in Hanoi since previous surveys in 2000 (39.7% decline and 2003 (74.1% decline. We attribute this to the enforcement of Vietnam's Law 169/2005/QD UBND, introduced in 2005, which prohibits the movement and sale of wild and ornamental birds in cities. Nevertheless, 91.3% (21/23 of bird vendors perceived no risk of H5N1 infection from their birds, and the trade continues, albeit at reduced levels, in open market shops. These findings highlight the importance of continued law enforcement to maintain this trade reduction and the associated benefits to human and animal health and biodiversity conservation.

Pocket book for the fuel trade 78/79. Compendium of the fuel trade. Buyer's guide for members of the fuel trade. Taschenbuch fuer den Brennstoffhandel 78/79. Kompendium des Brennstoffhandels. Einkaufsfuehrer fuer den Brennstoffhandel

Energy Technology Data Exchange (ETDEWEB)

Temming, D. (ed.)

1978-01-01

After a list of the mineral oil companies, pit-coal and brown coal companies and wholesalers of fuel oil and coal in the Federal Republic of Germany topics of business economics, competitive trade law, price law and cartel law are dealt with and explanations about health insurance and social insurance, industrial law and motor-vehicle keeping are given. Apart from comparisons of heating costs for usage and the latest traffic tariffs for railway and road networks the pocket-book contains the latest laws and regulations relevant for the fuel dealer. Furthermore, current topics of advertising and sales promotion of fuel-oil and coal are discussed. The energy balance and the overall economies of the Federal Republic of Germany are presented by figures in the chapter dealing with data on fuel-oil technology and fuel-oil industry.

Sustainable development and trade liberalisation: the opportunities and threat roused by the WTO

Directory of Open Access Journals (Sweden)

Voituriez Tancrede

2005-03-01

Full Text Available The entanglement of trade and sustainable development agenda raises two different and obvious concerns we would like to dwell upon. The first one basically deals with the definition of sustainable development and the fear that the concept might become looser and looser the more it pervades trade and corporate arenas. The second concern pertains to the compatibility of internationdal trade laws embodied within the WTO, with international environment and labour agreements hosted by the UN. This paper provides some argument to the debate by focusing on the implications, on these two areas of concerns, of sustainable development pervading the WTO. Our two main arguments are as follows. Firstly, the social component of sustainable development is today the poor relation of sustainable development’s inscription among the WTO objectives. Secondly, effective restrictions on trade for either health or natural resource preservation are extremely rare. Article XX of the Gatt, allowing for such a restriction (“exception” is the appropriate word, cannot be referred to as long as WTO members omit to abide to non-discriminatory principles in their trade policies. Whatever the reasons one country requests to escape WTO rules, it has to do so while treating its trading partners on the same foot. These two results may reassure those developing countries that fear a “new” or “green” protectionism (which seems more fantasized than real in so far from rich countries. Does it all suggest that WTO principle-compatible trade and sustainable trade is the same animal? The case law would rather suggest that WTO and its sustainable development objective seems more an organisation aimed at preventing countries from using sustainable development as a fallacious argument for trade restriction than an organisation dedicated to promoting sustainable trade per se.

The Food Safety Modernization Act: a barrier to trade? Only if the science says so.

Science.gov (United States)

McNeill, Naomi

2012-01-01

The Food Safety Modernization Act improves oversight of America's food safety system. Title III, which regulates imported food, may create extra burdens for importers and therefore act as a barrier to trade. What will be on trial before the World Trade Organization (WTO), however, is not the law's content, but the science supporting it. Under the WTO regime, food safety laws that could restrict the free movement of food commodities must be sufficiently justified by scientific evidence. Member states must engage in risk assessments and regulate food imports in a manner that is "no more restrictive than necessary" to protect against the health risks identified by scientific evidence. This article examines the requirements of the WTO to evaluate the FSMA's legality under WTO rules. It analyzes the case law of the WTO Panel and Appellate Body and compares the FMSA to the EU's General Food Law.

Urn model for products’ shares in international trade

Science.gov (United States)

Barbier, Matthieu; Lee, D.-S.

2017-12-01

International trade fluxes evolve as countries revise their portfolios of trade products towards economic development. Accordingly products’ shares in international trade vary with time, reflecting the transfer of capital between distinct industrial sectors. Here we analyze the share of hundreds of product categories in world trade for four decades and find a scaling law obeyed by the annual variation of product share, which informs us of how capital flows and interacts over the product space. A model of stochastic transfer of capital between products based on the observed scaling relation is proposed and shown to reproduce exactly the empirical share distribution. The model allows analytic solutions as well as numerical simulations, which predict a pseudo-condensation of capital onto few product categories and when it will occur. At the individual level, our model finds certain products unpredictable, the excess or deficient growth of which with respect to the model prediction is shown to be correlated with the nature of goods.

  Exhaustion of Rights and Common Principles of European Intellectual Property Law

DEFF Research Database (Denmark)

Schovsbo, Jens Hemmingsen

2010-01-01

of Market Integration. On the basis of case law on the concept of "consent" from the Trade Marks-Directive a Common Principle is then established. According to this, the legal framework for understanding the exhaustion rules is IPR and not national contract law. The Principle would seem to have horizontal......This article discusses whether or not Common Principles exist in EU law regarding exhaustion of rights ("first sale"). Traditionally, the law of the EU-countries conceptualized exhaustion in two different ways: Either "Contract" (e.g. UK law) or "Principle of exhaustion" (e.g. German law).  Whereas...

THE LEGAL STATUS OF THE SHARES TRADED ON RASDAQ MARKET

Directory of Open Access Journals (Sweden)

Cristian GHEORGHE

2015-07-01

Full Text Available RASDAQ Market was launched in Romania in 1996, appeared as a mirroring of the well-established American market NASDAQ (which stood for National Association of Securities Dealers Automated Quotations. The role designated for RASDAQ was as platform for valuing papers issued in the privatization program in Romania (mass privatization process - MPP. In fact the participating companies to MPP had the legal obligation, under first Romanian Capital Market Law, No 52/1194, to be listed on a stock exchange. Although it attended a US regulatory model, RASDAQ had to adapt to European rules with the accession of Romania to the European Union. The relevant EU rules (i.e., Directive 2004/39/EC on markets in financial instruments – MiFID, about to be replaced by Directive 2014/65/EU – MiFID II provide for only two types of trading systems, i.e. regulated markets and multilateral trading facilities (MTF, while the RASDAQ Market securities fall under none of these two trading systems regulated by MiFID1. After an entire decade of uncertainty concerning the status of the RASDAQ, Romanian legislator settled the situation of shares traded on this market. This regulation means the end for RASDAQ. Law No. 151/2014 provides that the RASDAQ Market is to be closed within twelve months as of the effective date of such law (October 27, 2014. To this end companies listed on the RASDAQ Market will have to opt for listing on a regulated market or on a MTF or for becoming private companies. Such option rests on the hands of shareholders. Going private asks for shareholders’ rights protection so Romanian Financial Supervisory Authority (FSA provides a procedure implementing the right to withdraw from the company of the dissenting shareholders and for computing compensation for their shares (FSA Regulation No. 17/2014.

THE RIGHTS GRANTED TO TRADE UNIONS UNDER THE COMPANIES ACT 71 OF 2008

Directory of Open Access Journals (Sweden)

Heidi C Schoeman

2013-08-01

Full Text Available With the entering into force of the Companies Act 71 of 2008 in 2011 a number of rights were granted to trade unions by the act. The Companies Act 71 of 2008 not only grants rights to registered trade unions, as is the case in labour law, but in some cases it grants rights to trade unions representing employees at the workplace. It is argued that rights afforded to trade unions by the act ought to be granted only to trade unions that are registered in terms of the Labour Relations Act 66 of 1995. In addition, it is also argued that the Companies Act 71 of 2008 ought in principle to differentiate between rights that are granted to registered trade unions representing employees at the workplace and rights that are granted to registered majority trade unions, or at the least to sufficiently representative trade unions.

Statistical properties of trading activity in Chinese stock market

Science.gov (United States)

Sun, Xiaoqian; Cheng, Xueqi; Shen, Huawei; Wang, Zhaoyang

2010-08-01

We investigate the statistical properties of traders' trading behavior using cumulative distribution function(CDF). We analyze exchange data of 52 stocks for one-year period which contains non-manipulated stocks and manipulated stocks published by China Securities Regulatory Commission(CSRC). By analyzing the total number of transactions and the trading volume of each trader over a year, we find the cumulative distributions have power-law tails and the distributions between non-manipulated stocks and manipulated stocks are different. These findings can help us to detect the manipulated stocks.

Contra trading in Bursa Malaysia Securities Berhad: a Sharīʿah and legal appraisal

Directory of Open Access Journals (Sweden)

Noor Suhaida Kasri

2017-07-01

Full Text Available Purpose - The purpose of this paper is to analyze the practice of contra trading in Bursa Malaysia Securities Berhad. Through a critical examination of the practice, it aims to discuss the issues from the angles of Sharīʿah and Malaysian common law. Design/methodology/approach - The paper uses a qualitative research methodology. The information on the practice of contra trading is obtained through the Bursa Malaysia Securities Berhad’s website and literature as well as series of meetings and discussions held with Bursa Malaysia Securities Berhad. In comprehending and dissecting the Sharīʿah and legal issues, classical along with contemporary Sharīʿah literature including local and international Sharīʿah advisory bodies’ resolutions and standards have been referred to. The Sharīʿah analysis of these issues is further supported by reference to the statute and by-laws of Bursa Malaysia Securities Berhad as well as other related legal literature. Findings - This paper finds that contra trading involves a real sale and purchase of shares; the shares are not taken into the possession of the contra trader, neither physically nor constructively; the liability of shares is not transferred to the contra trader; though the practice of profiting in contra trading may contradict the prohibition on profiting without bearing liability, the permissibility of contra trading could still be argued from the contextual approach of public interest (maṣlaḥah and needs (hājah; and contra trading is not gambling. Research limitations/implications - This paper is limited in its analysis to only Sharīʿah and legal perspectives. It does not cover a thorough empirical and quantitative investigation that would measure the extent of the public needs for contra trading and the real benefits that contra trading brings about to the society in the long run. Such studies will further demonstrate whether contra trading deserves a relaxation from the strict Shar

Permit trading and credit trading

DEFF Research Database (Denmark)

Boom, Jan-Tjeerd; R. Dijstra, Bouwe

This paper compares emissions trading based on a cap on total emissions (permit trading) and on relative standards per unit of output (credit trading). Two types of market structure are considered: perfect competition and Cournot oligopoly. We find that output, abatement costs and the number...... of firms are higher under credit trading. Allowing trade between permit-trading and credit-trading sectors may increase in welfare. With perfect competition, permit trading always leads to higher welfare than credit trading. With imperfect competition, credit trading may outperform permit trading....... Environmental policy can lead to exit, but also to entry of firms. Entry and exit have a profound impact on the performance of the schemes, especially under imperfect competition. We find that it may be impossible to implement certain levels of total industry emissions. Under credit trading several levels...

Trade and public health: the WTO, tobacco, alcohol, and diet

National Research Council Canada - National Science Library

McGrady, Benn

2011-01-01

.... This book examines the extent to which the law of the World Trade Organization restricts domestic implementation of these types of measures. The relationship between international health instruments and the WTO Agreement is examined, as are the WTO covered agreements themselves"--

Memoirs of law, sciences and technologies - Law and climate thematic issue

International Nuclear Information System (INIS)

Torre-Schaub, M.; Jouzel, J.; Boisson de Chazournes, L.; Sadeleer, N. de; Denis, B.; Godard, O.; Le Prestre, P.; Maljean-Dubois, S.; Wemaere, M.; Rousseaux, S.; Louchard, O.

2009-01-01

This dossier is organized around two essential points: 1 - climate is a scientific question which combines science and governance. In this context, the last IPCC (Intergovernmental Panel on Climate Change) report gives an essential place to uncertainties with claiming that 'it is more probable than improbable that we may be in an irreversible process of global warming'. Therefore, it has become necessary to think about the management of uncertainties using law and to a massive mobilization of the precaution principle. The essential economical aspects to the implementation of a significant abatement of greenhouse gases cannot be passed over in silence as well. Finally, the civil society occupies a more and more important place, not only in international negotiations, but inside the countries as well. 2 - Global warming is thinkable at a World scale only. This implies that some kind of a climate geopolitics is emerging in the World, considering the existence at the same time of different sources and different problems to deal with (technical, economical) depending on the regions of the world. From the strictly legal point of view, the scenarios presented at Bali consider the World by 2012 onward. In this context, the fight against global warming mobilizes several legal instruments, some being new and the others being not. We assist to a real law genesis. The emissions trading markets, for instance, and other financial mechanisms, belong to these new instruments. However, using old legal means to solve new problems is another way to create law. It is also important to stress on the fact that the international law is not the only possible legal mean to square the fight against global warming. The liability right for the violation of a public property, i.e. the atmosphere, remains an instrument combining experience and novelty and has proved itself in several countries. Finally, in France, the 'Grenelle de l'Environnement' policy has led to an extraordinary process of

A perspective of food safety laws in Mexico.

Science.gov (United States)

Leon, Marco A; Paz, Esmeralda

2014-08-01

Mexico, with a population of 112 million, is one of the most interesting countries in the world with regard to food, hunger, domestic food consumption, tourism and international trade, and it deserves an in-depth study to explain the status of its food safety laws. Mexico has a strong and stable emerging economy and is the second country worldwide with regard to the number of free-trade agreements. Nevertheless, more than half the population lives in poverty. However, Mexico is a huge market for food consumption because, in addition to its own population, it receives 20 million international tourists per year. So, multi-national food companies have representatives and facilities throughout the country. This scenario may explain the evolution of food safety laws in Mexico, as well as the challenges that must be faced in order to achieve food safety. © 2013 Society of Chemical Industry.

European Energy Law. Report VII

Energy Technology Data Exchange (ETDEWEB)

Hammer, U.; Roggenkamp, M.M. (eds.)

2010-04-15

The European Energy Law Report VII presents in four parts an overview of the most important legal developments in the field of EU and national energy and climate change law as discussed at the 2009 European Energy Law Seminar. The first part examines recent developments in EU climate change regulation. It includes an overview of the revision of the EU Directive governing CO2 emissions trading and a more detailed analysis of the new allocation regime, including the auctioning of emission rights. This is followed by an analysis of the competitiveness of the new EU emissions trading Directive and recent developments in the US regarding emissions trading. The second part focuses on the energy liberalisation process and the Third Energy Package. Following an overview of recent developments in EU competition law and the impact of the Sector Inquiry on the energy sector, this part concentrates particularly on the new Internal Energy Market Directives and most particularly on the legality of the unbundling provisions. Subsequently, the focus is on the role of the TSOs. After an analysis of the need for an increased cooperation of the German TSOs, another chapter discusses the need for more consolidation in the European gas transmission market and the role of regulation therein. Is there a new role for nuclear energy? In order to secure long term energy supply, the focus turns again to nuclear energy. The third part of this report discusses two elements of nuclear liability. First, it analyses the issue of the possible privatisation of the nuclear sector and its impact on long term liability. Although the focus is on the UK nuclear sector, a comparison is made with some other regulatory regimes. Next, the role of nuclear energy is discussed as an instrument to reduce CO2 emissions and, more particularly as a means to reach the 20-20-20 targets. The question is raised whether the international rules on civil liability provide sufficient protection to victims of nuclear

Nuclear law

International Nuclear Information System (INIS)

Bringuier, P.

2009-01-01

The object of this report is to present the evolution of the nuclear law during the period from 2006 to 2008, period that was characterized in France by a real rewriting from the implementation of a control authority. The prescriptive backing of nuclear activities has been deeply changed by numerous texts. In this first part are presented: (1) the institutional aspects, (2) openness and public information, (7) radioactive wastes and (9) liability and insurance. In a next publication will be treated: (3) safety and radiation protection; (4) nuclear matter, inspection, physical protection; (5) transports; (6) trade, non-proliferation; (8) radiological accidents. (N.C.)

Steps to Opening the Skilled Trades to Women.

Science.gov (United States)

Employment Standards Administration (DOL), Washington, DC. Women's Bureau.

Employers' and unions' acceptance in attitude and practice of the equal capacity of women to function in the skilled trades and other apprentice-type jobs depends upon knowledge of facts, actual experience, and understanding of equal opportunity laws, according to the authors of the document, which offers to employers first steps to take to…

Thai and Australian Foreign Business Law and the Impact of the Thailand Australia FTA

OpenAIRE

Smith, Nucharee Nuchkoom

2015-01-01

When Thailand and Australia entered into a Free Trade Agreement in 2005 the public focus was largely on the trade in goods and the benefits that would accrue to each country with a more open market. What appears to have been largely neglected is that the Thailand Australia Free Trade Agreement also covers trade in services, foreign direct investment including commercial enterprises, and the movement of persons. This paper describes the foreign business laws that operate in each jurisdict...

Wolf in Sheep’s Clothing? Trade Mark Rights Against Goods in Transit and the End of Traditional Territorial Limits

NARCIS (Netherlands)

Senftleben, M.R.F.

2016-01-01

The December 2015 reform of EU trade mark law led to the introduction of a new exclusive right against goods in transit in Art. 9(4) of the EU Trade Mark Regulation and Art. 10(4) of the Trade Mark Directive. This new right raises complex questions of compliance with the international guarantee of

Energy law. The legal boundary conditions of power supply. 2. rev. ed.; Grundriss zum Energierecht. Der rechtliche Rahmen fuer die Energiewirtschaft

Energy Technology Data Exchange (ETDEWEB)

Stuhlmacher, Gerd [E.ON Global Commodities SE, Duesseldorf (Germany); Stappert, Holger; Jansen, Guido (eds.) [Luther Rechtsanwaltsgesellschaft mbH, Duesseldorf (Germany); Schoon, Heike [BDEW Bundesverband der Energie- und Wasserwirtschaft e.V., Berlin (Germany)

2015-11-01

Now appearing in its second edition, this book presents a comprehensive overview of the legal framework governing the energy sector. It provides readily understandable coverage, across the relevant subfields of law, of the legal regulations applicable to any manner of activity in the energy sector along with a wealth of practical advice on the interpretation and application of legal provisions. The content has been thoroughly revised, updated to reflect the current status of legislation and supplemented with numerous chapters. The 2014 amendment of the Renewable Energy Law (EEG) and its practical impact have also been taken into account. The following topics are covered amongst others: unbundling of network operation; connection and access to networks and metering; network charges and incentive regulation; easement contracts; energy supply and basic services; energy and electricity taxes; cartel law, law on operating aids, procurement law; energy trade OTC and at exchanges; energy trade surveillance law; fuel production and fracking; conventional and nuclear power production; renewable energy production (including offshore production); energy storage and power-to-gas; transmission line construction; climate protection (including the 2014 EEG, emission trade and the Law on the Promotion of Renewable Energy in the Heat Sector); cogeneration law, district heating and contracting; and investment protection.

Emissions trading and competitive positions. The European Proposal for a Directive establishing a Framework for Greenhouse Gas Emissions Trading and Methods for the initial Allocation of Pollution Rights

International Nuclear Information System (INIS)

Grimeaud, D.; Peeters, M.

2002-10-01

The study on the intention to introduce emissions trading on a European Union level was conducted on the basis of the following three questions: Which methods can be used (by the Member States) to distribute the tradable emissions rights en which legal preconditions should be observed considering the EU-Treaty and the relevant directive proposal? Whenever necessary and possible international agreements on climate change and international trade law will be mentioned. Which safeguards are available for fair competition and which system of emissions trading is advisable in this perspective? How should the PSR (performance standard rate) system, which is preferred by industry, be valued? The structure of this study is as follows: in chapter 2 insight is given into the various methods that can be used to start an emissions trading system, i.e. the way tradable pollution rights are distributed (initial allocation). Chapter 3 will further examine the system of the initial allocation of pollution rights as it has been chosen in the proposal for the European directive. The aim is to give an exact qualification of the method of emissions trading, especially the method of initial allocation, that is used in the directive proposal. Chapter 4 examines whether safeguards are available to prevent competition distortions between firms that fall under the scope of the emissions trading scheme. Special attention will be given to conditions that result from the EU-Treaty in this context, such as the prohibition of state aid. In this chapter the international trade law will be dealt with as well. Chapter 5 will present an executive summary and the specific question whether the PSR-system is legally acceptable or maybe even recommendable, will be answered

Trading leads to scale-free self-organization

Science.gov (United States)

Ebert, M.; Paul, W.

2012-12-01

Financial markets display scale-free behavior in many different aspects. The power-law behavior of part of the distribution of individual wealth has been recognized by Pareto as early as the nineteenth century. Heavy-tailed and scale-free behavior of the distribution of returns of different financial assets have been confirmed in a series of works. The existence of a Pareto-like distribution of the wealth of market participants has been connected with the scale-free distribution of trading volumes and price-returns. The origin of the Pareto-like wealth distribution, however, remained obscure. Here we show that in a market where the imbalance of supply and demand determines the direction of prize changes, it is the process of trading itself that spontaneously leads to a self-organization of the market with a Pareto-like wealth distribution for the market participants and at the same time to a scale-free behavior of return fluctuations and trading volume distributions.

General Principles of the WTO and European Community Laws in Building International Competition Norms

Directory of Open Access Journals (Sweden)

Chan Mo Chung

2002-12-01

Full Text Available The World Trade Organization (WTO established a Working Group on the interaction between trade and competition policy in 1996. By the Doha Ministerial Declaration, it recognized the case for international competition policy framework and agreed that the relevant negotiations take place after the Fifth Session of the Ministerial Conference. The Working Group is meant to focus on the clarification of: core principles, including transparency, non-discrimination and procedural fairness among others in the period until the Fifth Session. This article attempts to clarify the implications of the core (WTO principles to the would-be international competition laws and practices. It further tries to get lessons from competition law and practices of the European Community. Protection of fundamental rights, proportionality, non-discrimination, transparency, supremacy, subsidiarity and direct effect are the general principles of the European Community law to be discussed in relation to the competition law and policy. It concludes that the general principles of the WTO and EC laws provide guiding principles for the future international competition norms, and makes some preliminary assessment of the present Korean competition law and policy in the light of those principles.

Climate protection laws in Taiwan; Klimaschutzrecht in Taiwan

Energy Technology Data Exchange (ETDEWEB)

Chiu, Yen-Lin Agnes [Fu Jen Catholic Univ., Taipei, Taiwan (China). School of Law

2014-07-01

The contribution on climate protection laws in Taiwan is first describing the international position and cooperation with UNFCCC, The national climate protection policy covers energy and industry, trading and economy, forestry and agriculture, traffic and local affairs, society and education. The description of the actual legislation includes the constitutional framework, environmental legislation, air pollution legislation, environmental compatibility regulations, renewable energy development legislation, energy management laws, legal drafts concerning reduction of greenhouse gas emission and energy taxes. Finally the competences and responsibilities of authorities are summarized.

International trade law, plain packaging and tobacco industry political activity: the Trans-Pacific Partnership.

Science.gov (United States)

Fooks, Gary; Gilmore, Anna B

2014-01-01

Tobacco companies are increasingly turning to trade and investment agreements to challenge measures aimed at reducing tobacco use. This study examines their efforts to influence the Trans-Pacific Partnership (TPP), a major trade and investment agreement which may eventually cover 40% of the world's population; focusing on how these efforts might enhance the industry's power to challenge the introduction of plain packaging. Specifically, the paper discusses the implications for public health regulation of Philip Morris International's interest in using the TPP to: shape the bureaucratic structures and decision-making processes of business regulation at the national level; introduce a higher standard of protection for trademarks than is currently provided under the Agreement on Trade Related Aspects of Intellectual Property Rights; and expand the coverage of Investor-State Dispute Settlement which empowers corporations to litigate directly against governments where they are deemed to be in breach of investment agreements. The large number of countries involved in the TPP underlines its risk to the development of tobacco regulation globally.

Mizan Law Review - Vol 11, No 1 (2017)

African Journals Online (AJOL)

Deliverables and pledges under Ethiopian Trade Competition Law: the need for private sector empowerment and enablement · EMAIL FREE FULL TEXT EMAIL FREE FULL TEXT DOWNLOAD FULL TEXT DOWNLOAD FULL TEXT. Elias N. Stebek, 32-63. http://dx.doi.org/10.4314/mlr.v11i1.2 ...

One Health, One World—The Intersecting Legal Regimes of Trade, Climate Change, Food Security, Humanitarian Crises, and Migration

OpenAIRE

Garcia, Kelli K.; Gostin, Lawrence O.

2012-01-01

Today’s global health challenges require a multi-sectoral approach in which health is a fundamental value within global governance and international law. “One Health, One World” provides a unified, harmonious vision of global health governance that supports the wellbeing of humans and animals living in a clean and temperate environment. This article focuses on five legal regimes—trade law, food security law, environmental law, humanitarian law, and refugee law—that play a pivotal role in infl...

Gender gap is a trade trap: The road ahead for international development

OpenAIRE

MAMOON, Dawood

2017-01-01

Abstract. The paper provides an outline of effective gender parity policy in South Asia with a special reference to Pakistan. The need of gender parity as an economic goal is identified by linking gender empowerment as a need to create better trade policy framework. This may provide strong public sector commitment towards bringing and implementing such laws that focus on more female participation in formal schooling as well as skill development.Keywords. Micro education, Trade, Gender empower...

International institutional law unity within diversity

CERN Document Server

Schermers, Henry G

2011-01-01

In recent years there has been a resurgence of interest in the law of public international organizations. This fifth, revised edition of International Institutional Law covers the most recent developments in the field. Although public international organizations such as the United Nations, the World Trade Organization, the World Health Organization, ASEAN, the European Union and other organizations have broadly divergent objectives, powers, fields of activity and numbers of member states, they also share a wide variety of institutional problems. Rather than being a handbook for specific organizations, the book offers a comparative analysis of the institutional law of international organizations. It includes comparative chapters on the rules and practices concerning membership, institutional structure, decision-making, financing, legal order, supervision and sanctions, legal status and external relations. The books theoretical framework and extensive use of case-studies is designed to appeal to both academics ...

15 CFR 8a.535 - Effect of state or local law or other requirements.

Science.gov (United States)

2010-01-01

... 15 Commerce and Foreign Trade 1 2010-01-01 2010-01-01 false Effect of state or local law or other requirements. 8a.535 Section 8a.535 Commerce and Foreign Trade Office of the Secretary of Commerce... are not imposed upon members of the other sex. (b) Benefits. A recipient that provides any...

The balance-of-payments constraint:from balanced trade to sustainable debt

Directory of Open Access Journals (Sweden)

Nelson H. Barbosa-Filho

2001-12-01

Full Text Available This paper extends the balance-of-payments constraint on growth known as Thirlwall's law to incorporate unbalanced trade and debt accumulation. Assuming that small open economies face a liquidity constraint, the text shows the growth and real-exchange-rate policy rules consistent with a stable ratio of net exports to income. Given such rules, the text shows how the trade balance of a small open economy is residually determined by the ratio of foreign debt to income allowed by international conditions.

The Impact of Institutional Changes on the Vertical Interaction in Trade

Directory of Open Access Journals (Sweden)

Maria Е. Agamirova

2017-12-01

Full Text Available The Law on Trade was adopted in Russian Federation in 2009. Its main aim was to protect suppliers because suppliers have significantly less bargaining power than retailers (the weak position of suppliers in the bargaining power due to the difficulty of switching to alternative buyers, i.e., outside options (Dzagurova, Agamirova, 2014. The process of adoption of the law and its further application was accompanied by discussions among economists (Avdasheva, 2012; Radaev, 2009, 2010, 2011a, 2011b, 2011c, 2012; Novikov, 2009. On 15 July 2016, the new version of law “On the Principles of State Regulation of Trade in the Russian Federation” from 28.12.2009 has been enacted. This article analyzes the impact of change in regulation norms on the parties engaged in vertical interaction. In particular, the new law limits the premiums that suppliers pay to retailers for the sale of certain amount of goods and services from 10% to 5%. Besides that, it became a common practice to include promotion, logistics, preparation, processing and packaging in rewards. Also, changes involved extended payment terms reduction. However, new regulation norms can create serious problems for small suppliers whose rights had to be protected. In particular, it happens because of the absence of a classification of such vertical restraints that take into account the motives of the parties involved.

26 CFR 1.177-1 - Election to amortize trademark and trade name expenditures.

Science.gov (United States)

2010-04-01

... franchises or rights to the use of a trademark or trade name. Generally, section 177 will apply to... beginning after December 31, 1955, shall, within the time prescribed by law (including extensions thereof...

DNA-based identification reveals illegal trade of threatened shark species in a global elasmobranch conservation hotspot.

Science.gov (United States)

Feitosa, Leonardo Manir; Martins, Ana Paula Barbosa; Giarrizzo, Tommaso; Macedo, Wagner; Monteiro, Iann Leonardo; Gemaque, Romário; Nunes, Jorge Luiz Silva; Gomes, Fernanda; Schneider, Horácio; Sampaio, Iracilda; Souza, Rosália; Sales, João Bráullio; Rodrigues-Filho, Luís Fernando; Tchaicka, Lígia; Carvalho-Costa, Luís Fernando

2018-02-20

Here, we report trading of endangered shark species in a world hotspot for elasmobranch conservation in Brazil. Data on shark fisheries are scarce in Brazil, although the northern and northeastern regions have the highest indices of shark bycatch. Harvest is made primarily with processed carcasses lacking head and fins, which hampers reliable species identification and law enforcement on illegal catches. We used partial sequences of two mitochondrial genes (COI and/or NADH2) to identify 17 shark species from 427 samples being harvested and marketed on the northern coast of Brazil. Nine species (53%) are listed under some extinction threat category according to Brazilian law and international authorities (IUCN - International Union for Conservation of Nature; CITES - Convention on International Trade of Endangered Species of Wild Fauna and Flora). The number increases to 13 (76%) if we also consider the Near Threatened category. Hammerhead sharks are under threat worldwide, and composed 18.7% of samples, with Sphyrna mokarran being the fourth most common species among samples. As illegal trade of threatened shark species is a worldwide conservation problem, molecular identification of processed meat or specimens lacking diagnostic body parts is a highly effective tool for species identification and law enforcement.

One Health, One World—The Intersecting Legal Regimes of Trade, Climate Change, Food Security, Humanitarian Crises, and Migration

Directory of Open Access Journals (Sweden)

Kelli K. Garcia

2012-04-01

Full Text Available Today’s global health challenges require a multi-sectoral approach in which health is a fundamental value within global governance and international law. “One Health, One World” provides a unified, harmonious vision of global health governance that supports the wellbeing of humans and animals living in a clean and temperate environment. This article focuses on five legal regimes—trade law, food security law, environmental law, humanitarian law, and refugee law—that play a pivotal role in influencing health outcomes and are integral to achieving the One Health, One World vision. International trade, for example, opens markets not only to life-saving products such as vaccines, medicines, and medical equipment, but also to life-threatening products such as tobacco and asbestos. If strengthened and enforced, environmental law can decrease air and water pollution, major causes of death and disability. World hunger has been exacerbated by the global economic crisis and climate change, increasing the urgency for international law to enhance food security. Humanitarian law must similarly be strengthened to protect civilians adequately as the nature of warfare continues to change. Refugee law plays a pivotal role in protecting the health of deeply vulnerable people who lack food, shelter, and social stability. Higher standards and more effective compliance are necessary for international law to realize its full potential to safeguard the world's population.

The EU Seal Products Ban – Why Ineffective Animal Welfare Protection Cannot Justify Trade Restrictions under European and International Trade Law

Directory of Open Access Journals (Sweden)

Martin Hennig

2015-03-01

Full Text Available In this article, the author questions the legitimacy of the general ban on trade in seal products adopted by the European Union. It is submitted that the EU Seal Regime, which permits the marketing of Greenlandic seal products derived from Inuit hunts, but excludes Canadian and Norwegian seal products from the European market, does not ensure a satisfactory degree of animal welfare protection in order to justify the comprehensive trade restriction in place. It is argued that the current ineffective EU ban on seal products, which according to the WTO Appellate Body cannot be reconciled with the objective of protecting animal welfare, has no legal basis in EU Treaties and should be annulled.

International trade law, plain packaging and tobacco industry political activity: the Trans-Pacific Partnership

Science.gov (United States)

Fooks, Gary; Gilmore, Anna B

2014-01-01

Tobacco companies are increasingly turning to trade and investment agreements to challenge measures aimed at reducing tobacco use. This study examines their efforts to influence the Trans-Pacific Partnership (TPP), a major trade and investment agreement which may eventually cover 40% of the world's population; focusing on how these efforts might enhance the industry's power to challenge the introduction of plain packaging. Specifically, the paper discusses the implications for public health regulation of Philip Morris International's interest in using the TPP to: shape the bureaucratic structures and decision-making processes of business regulation at the national level; introduce a higher standard of protection for trademarks than is currently provided under the Agreement on Trade Related Aspects of Intellectual Property Rights; and expand the coverage of Investor-State Dispute Settlement which empowers corporations to litigate directly against governments where they are deemed to be in breach of investment agreements. The large number of countries involved in the TPP underlines its risk to the development of tobacco regulation globally. PMID:23788606

Case law

International Nuclear Information System (INIS)

Anon.

2002-01-01

Several judgements are carried: Supreme Administrative Court Judgement rejecting an application to prevent construction of a new nuclear power plant (Finland); judgement of the Council of State specifying the law applicable to storage facilities for depleted uranium (France); Supreme Court Decision overturning for foreign spent fuel (Russian federation); Court of Appeal Judgement on government decision to allow the start up of a MOX fuel plant ( United Kingdom); judgement on lawfulness of authorizations granted by the Environment Agency: Marchiori v. the Environment Agency; (U.K.); Kennedy v. Southern California Edison Co. (U.S.A); Judgement concerning Ireland ' s application to prevent operation of BNFL ' s MOX facility at Sellafield: Ireland v. United Kingdom; At the European Court of Human Rights Balmer-Schafroth and others have complained v. Switzerland. Parliamentary decision rescinding the shutdown date for Barseback - 2 (Sweden); Decision of the International trade Commission regarding imposition of countervailing and anti-dumping duties on imports of low enriched uranium from the European Union, Yucca Mountain site recommendation (USA). (N.C.)

WTO law and economics and restrictive practices in energy trade : The case of the OPEC cartel

NARCIS (Netherlands)

Marhold, Anna

2016-01-01

The World Trade Organization cannot deal comprehensively with restrictive export practices maintained by energy cartels such as the OPEC. The main reason for this is the absence of competition rules in the multilateral trading system. However, in spite of the fact that the WTO does not have rules on

Recommendation on measures to safeguard freedom of expression and undistorted competition in EU trade mark law

DEFF Research Database (Denmark)

Minssen, Timo

2015-01-01

, University of Oxford, United Kingdom Christophe Geiger Associate Professor, Director General and Director of the Research Department, Centre for International Intellectual Property Studies, University of Strasbourg, France Gustavo Ghidini Professor of Intellectual Property and Competition Law, University...... Institute for Innovation and Competition, Munich, Germany Paul van der Kooij Associate Professor of Intellectual Property Law, Leiden Law School, University of Leiden, The Netherlands Annette Kur Senior Researcher, Max Planck Institute for Innovation and Competition, Munich, and Honorary Professor...... Professor of Commercial Law, University of Parma, Italy Timo Minssen Associate Professor, Centre for Information and Innovation Law, University of Copenhagen, Denmark Ansgar Ohly Professor of Civil Law, Intellectual Property and Competition Law, University of Munich, Germany Alexander Peukert Professor...

46 CFR 68.5 - Requirements for citizenship under 46 U.S.C. App. 883-1.

Science.gov (United States)

2010-10-01

... territories or possessions, not less than 75 percent of the raw materials used or sold in its operations. Note... 46 Shipping 2 2010-10-01 2010-10-01 false Requirements for citizenship under 46 U.S.C. App. 883-1... Engaging in Limited Coastwise Trade § 68.5 Requirements for citizenship under 46 U.S.C. App. 883-1. A...

The problem of using trade secrets in economic relations

Directory of Open Access Journals (Sweden)

А. О. Олефір

2015-05-01

Full Text Available Problem setting. In a market economy and increased competition between enterprises become increasingly important concepts such as business information, trade secrets, know-how, confidential information, the information with restricted access. Given the fact that only one patent protection is unable to meet the needs of researchers, in addition to formal public protection and secured legal means we would like to pay attention at private legal measures, particular, the mode of trade secrets. Recent research and publications analysis. Different aspects of the protection of trade secrets were investigated by specialists such as G. Androschuk, J. Berzhye, I. Davydov, O. Davydyuk, D. Zadyhaylo, P. Kraynov, G. Nikiforov, S. Nikiforov, V. Rubanov, E. Solovyov, L. Hoffman, V. Chaplygin, A. Cherniavsky and others. However, at present there is a lack of comprehensive research of this legal phenomenon, equally useful for innovators and businesses that actively protect corporate security. Paper objective. This article is planned to determine the legal characteristics, structural elements and mechanisms by which the use of trade secrets in business have a positive impact on innovation development and corporate security entities. Paper main body. On the basis of requirements of Art. 505 Civil Code of Ukraine and art. 39 of the TRIPS Agreement we formulated commercial information signs under which it receives legal protection as an object of intellectual property: (1 privacy (real or potential in the sense that it is as a whole or in a precise combination of aggregate and its components are not generally known or available to persons in the circles that normally deal with such information; (2 commercial value (not purely industrial or industrial, due to its secrecy; this information is unknown to others, which is a commercial interest; (3 the lawful holder of the information provides active special measures (technical, organizational, legal to preserve secrecy

Pakistan's kidney trade: an overview of the 2007 'Transplantation of Human Organs and Human Tissue Ordinance.' To what extent will it curb the trade?

Science.gov (United States)

Raza, Mohsen; Skordis-Worrall, Jolene

2012-01-01

Pakistan has the unenviable reputation for being one of the world's leading 'transplant tourism' destinations, largely the buying and selling of kidneys from its impoverished population to rich international patients. After nearly two decades of pressure to formally prohibit the trade, the Government of Pakistan promulgated the 'Transplantation of Human Organs and Human Tissue Ordinance' (THOTO) in 2007. This was then passed by Senate and enshrined in law in March 2010. This paper gives a brief overview of the organ trade within Pakistan and analyses the criteria of THOTO in banning the widespread practise. It then goes on to answer: 'To what extent will THOTO succeed in curbing Pakistan's kidney trade?' This is aided by the use of a comparative case study looking at India's failed organ trade legislation. This paper concludes THOTO has set a strong basis for curbing Pakistan's kidney trade. However, for this to be successfully achieved, it needs to be implemented with strong and sustained political will, strict and efficient enforcement as well as effective monitoring and evaluation. Efforts are needed to tackle both 'supply' and 'demand' factors of Pakistan's kidney trade, with developed countries also having a responsibility to reduce the flow of citizens travelling to Pakistan to purchase a kidney.

Is world trade law a barrier to saving our climate? Questions and answers

International Nuclear Information System (INIS)

Bernasconi-Osterwalder, N.; Norpoth, J.

2009-09-01

The present 'Questions and Answers' provide an overview of the various climate-related measures and policies that fall under the scope of the WTO (World Trade Organization) and offers an initial assessment of their WTO-compatibility. Is the WTO blocking progress in the fight against climate change? This was the question at the origin of this legal analysis. With this paper and its simple question and answer format, we hope to dispel some myths and shed some light on the reality of world trade rules in their relation with climate-friendly measures. In the end, we hope to encourage policy-makers in Europe and around the world not to see the WTO as an insurmountable barrier and not to use it as an excuse against strong action on climate change.

Trade rules and exchange rate misalignments: in search for a WTO solution

Directory of Open Access Journals (Sweden)

Vera Thorstensen

2014-09-01

Full Text Available The debate on the link between trade rules and rules on exchange rates is raising the attention of experts on international trade law and economics. The main purpose of this paper is to analyze the impacts of exchange rate misalignments on tariffs as applied by the WTO - World Trade Organization. It is divided into five sections: the first one explains the methodology used to determine exchange rate misalignments and also presents its results for Brazil, U.S. and China; the second summarizes the methodology applied to calculate the impacts of exchange rate misalignments on the level of tariff protection through an exercise of "misalignment tariffication"; the third examines the effects of exchange rate variations on tariffs and their consequences for the multilateral trading system; the fourth one creates a methodology to estimate exchange rates against a currency of the World and a proposal to deal with persistent and significant misalignments related to trade rules. The conclusions are present in the last section.

Efficiency of the emission trading. A contribution to the climate protection law

International Nuclear Information System (INIS)

Frenz, Walter

2014-01-01

The contribution discusses the following topics: Inclusion of additional sectors into the emission trading: road traffic and sea traffic, the stepwise realization and difficulties; the failed inclusion of air traffic, rigid penalties in case of violation of the fee delivery, thread for the complete mechanism, over-compliance in Germany and international perspectives.

Prescription of the High Risk Narcotics and Trading or Illicit Purchasing of High Risk Narcotics

Directory of Open Access Journals (Sweden)

Nicoleta-Elena Buzatu

2012-05-01

Full Text Available The present essay will analyze the offence of prescribing high risk narcotics and trading or illicit purchasing of high risk narcotics, as it was regulated - together with other offences - by Law no 143 of July 26, 2000 on preventing and fighting against the traffic and illicit consumption of narcotics. The same law defines the meaning of such a phrase “substances which are under national control” by mentioning the fact that they are the narcotics and their precursors listed in Annexes I-IV of the law. The analysis of the offence of prescribing the high risk narcotics and trading or illicit purchasing of high risk narcotics is following the already known structure mentioned in the doctrine and which consists of: object and subjects of the offence, its constituent content: the objective side with its material element, the immediate consequence and causality connections; the subjective side of the offence, as well as forms and modalities of these offences, and the applicable sanctions, of course.

Nafta due to end most barriers to trade among U.S., Mexico, Canada

International Nuclear Information System (INIS)

Anon.

1992-01-01

This paper reports that energy companies in the U.S. will benefit --- but not as much as they had hoped --- from the recently drafted North American Free Trade Agreement (Nafta) among the U.S., Mexico, and Canada. Nafta would remove most of the trade barriers between Mexico and the other two countries and supplement the U.S. - Canada Free Trade Agreement to create an open market in North America totaling $6 trillion/year in products and serving more than 360 million persons. Nafta was negotiated under a law that allows Congress to consider the pact for only 90 days, then vote on it without amendments. The pact marks the first time the U.S. has covered environmental concerns in a trade treaty, mainly pollution along the U.S.-Mexico border. The pact also is consistent with the international General Agreement on Tariffs and Trade (GATT)

The safety regime concerning transboundary movement of radioactive waste and its compatibility with the trade regime of the WTO

International Nuclear Information System (INIS)

Strack, L.

2004-01-01

There is now extensive international law which regulates or prohibits the transboundary movement of radioactive waste. It seems likely that the trade restrictive provisions of the safety regime could be justified under the scope of Article X XI or X X GATT(general agreement on tariffs and trade). If a legitimate non proliferation issue were involved it is likely that any WTO (world trade organization) dispute settlement organ would allow governments the use of exceptions. Thus, the emerging international radioactive waste regime seems reconcilable under the WTO system. However, further clarification by the political, not the dispute settlement, institutions of the WTO would remove any remaining uncertainty by reaffirming the requirements of current law. Achieving sustainable development requires a coherent framework of global environment and economic governance. (N.C.)

The Danish law on the posting of workers

DEFF Research Database (Denmark)

Lind, Martin Gräs

2010-01-01

This article reviews the background to the Law on the posting of workers and its development in the 10 years it has been in force. The interaction with EU law and the consequences of the Laval decision are also described. Finally there is a focus on selected problems that have been identified as ...... as theoretical and practical problem areas for the rules on the posting of workers. The question of the general right of trade unions to monitor compliance with collective bargains has not previously been dealt with more systematically in the Danish legal literature......This article reviews the background to the Law on the posting of workers and its development in the 10 years it has been in force. The interaction with EU law and the consequences of the Laval decision are also described. Finally there is a focus on selected problems that have been identified...

Right, laws, regulations and technical building systems; Recht, Gesetze, Verordnungen und Technische Gebaeudesysteme

Energy Technology Data Exchange (ETDEWEB)

Kranz, H.R. [Siemens AG, Karlsruhe (Germany)

1995-12-31

Chapter 23 of the anthology about building control gives an overview of the laws and regulations in the field of technical building systems. The following fields are discussed: license regulations in the field of building trade, communication law, environmental responsibility law, building right, European directives, laws and regulations of the Federal Government and the Laender. (BWI) [Deutsch] Kapitel 23 des Sammelbandes ueber Building Control gibt einen Ueberblick ueber Recht, Gesetze und Verordnungen im Bereich der Technischen Gebaeudesysteme. In diesem Zusammenhang kommen folgende Bereiche in Frage: Lizenzrecht im Bauwesen; Fernmelderecht; Umwelthaftungsgesetz; Baurecht; Europaeische Richtlinien; Gesetze und Verordnungen des Bundes und der Laender. (BWI)

Multiplicative point process as a model of trading activity

Science.gov (United States)

Gontis, V.; Kaulakys, B.

2004-11-01

Signals consisting of a sequence of pulses show that inherent origin of the 1/ f noise is a Brownian fluctuation of the average interevent time between subsequent pulses of the pulse sequence. In this paper, we generalize the model of interevent time to reproduce a variety of self-affine time series exhibiting power spectral density S( f) scaling as a power of the frequency f. Furthermore, we analyze the relation between the power-law correlations and the origin of the power-law probability distribution of the signal intensity. We introduce a stochastic multiplicative model for the time intervals between point events and analyze the statistical properties of the signal analytically and numerically. Such model system exhibits power-law spectral density S( f)∼1/ fβ for various values of β, including β= {1}/{2}, 1 and {3}/{2}. Explicit expressions for the power spectra in the low-frequency limit and for the distribution density of the interevent time are obtained. The counting statistics of the events is analyzed analytically and numerically, as well. The specific interest of our analysis is related with the financial markets, where long-range correlations of price fluctuations largely depend on the number of transactions. We analyze the spectral density and counting statistics of the number of transactions. The model reproduces spectral properties of the real markets and explains the mechanism of power-law distribution of trading activity. The study provides evidence that the statistical properties of the financial markets are enclosed in the statistics of the time interval between trades. A multiplicative point process serves as a consistent model generating this statistics.

Optimization of a regenerative Brayton cycle by maximization of a newly defined second law efficiency

NARCIS (Netherlands)

Haseli, Y.

2013-01-01

The idea is to find out whether 2nd law efficiency optimization may be a suitable trade-off between maximum work output and maximum 1st law efficiency designs for a regenerative gas turbine engine operating on the basis of an open Brayton cycle. The primary emphasis is placed on analyzing the ideal

Climatic change and development of law in 2005. Preliminary advice and report of the 89th general meeting of the Association for Environmental Laws, September 30, 2005

International Nuclear Information System (INIS)

Van Angeren, J.R.; Bazelmans, J.M.; Cozijnsen, C.J.H.; Driesprong, A.; Van der Jagt, J.A.E.; Peeters, M.; Verbaan, I.J.; Van Rijswijck, H.F.M.W.; Ramnewash-Oemrawsingh, S.T.; De Kramer, P.T.

2006-01-01

The development of laws to control the climate change problem has only just begun. The Netherlands, too, has legal measures for controlling this problem and first jurisprudence has developed. The working group 'Climate change and development of laws', which was set up by the Dutch Society for Environmental Law, has thoroughly examined the legal side of climate change. This resulted in a preliminary advice in which international and European legislative developments, various aspects of emission trading and its international variant are discussed. Moreover, national and international water management in relation to the consequences of climate change are also examined. (mk) [nl

Insider Trading: Isu Etika, Peraturan dan Sudut Pandang Trader

Directory of Open Access Journals (Sweden)

Arief Zuliyanto Susilo

2016-03-01

Full Text Available Basically all humans are ethical. When a person experiences an inner conflict in the act is less precise, it is a sign that the person has ethics. Basically also that every person, especially the economic actors are individuals who have opportunistic nature. Options for increasing the personal wealth without thinking of the other party, as long as does not violate or potentially against the law, will be performed. Act of buying and selling by the parties in a debate that still has not led. The researchers have delivered a variety of rationale. Insider trading like a double-edged sword, on the one hand can be stretched buying and selling stocks, on the other hand have an impact on the loss for the other party. Various attempts have been made to remove the various agencies insider trading activities, but insider trading is an activity that is sometimes very difficult to detect and impossible someone dibatas right to sell his possessions. By using literature review and interviews with traders, it was concluded that insider trading will occur if the beneficial regardless of ethical problems. There needs analysis and proper consideration in determining the classification cutoff ethical or not insider trading or selling the permissible limits.

HIV / AIDS and the law.

Science.gov (United States)

1997-09-01

Since HIV is sexually transmitted, people living with AIDS and HIV (PWA/PHA) risk being stigmatized as immoral and promiscuous and they are often discriminated against in society. To this effect, the South African AIDS Law Project and Lawyers for Human Rights have developed a comprehensive resource manual detailing human rights with a special emphasis on issues relevant to PWA/PHA. The concept of the manual aimed to look at the legal and human rights questions that have been raised by the HIV/AIDS epidemic; inform people living with HIV/AIDS about their rights and the law; provide people working in businesses, trade unions, and nongovernmental organization with information about correct and incorrect responses to HIV/AIDS; and give victims of discrimination ideas on how to fight back. This manual initially introduces basic facts about HIV and AIDS and then describes the legal system and the Bill of Rights within the new South African Constitution. The main areas of focus in the manual include: 1) patient's medical rights, 2) employment rights, 3) women's rights, 4) the rights of lesbians and gay men, 5) the rights of youth and children, 6) the rights of prisoners, 7) social support for PWA, 8) HIV/AIDS and insurance law, 9) power of attorney and making wills, 10) criminal law, and 11) legal remedies, such as using the law to protect one's rights.

Regulation of oil trading: a U.S. and U.K. legal update (or) Death of Transnor

International Nuclear Information System (INIS)

Turck, N.B.

1992-01-01

Current law in the USA and United Kingdom relating to commodities trading in oil and oil products is an area of uncertainty and case law is not necessarily consistent with regulation. The principal laws relating to commodities trading are reviewed and analysed as they apply to the oil market. In the case of the USA this is the Commodities Exchange Act (CEA) administered by the Commodities Future Trading Commission (CFTC). Conflicting interpretations of the CEA of the US Federal Court in a case concerning the Brent crude transactions of the Transnor company, and by the CFTC, are examined. In contrast to the USA, where transactions and the market are regulated, the United Kingdom regulation is aimed at the traders and their behaviour. In the United Kingdom, the Financial Services Act 1986 (FSA) established self-regulating professional bodies to issue rules governing the conduct of entities carrying on investment business. Rules applying to oil and product traders are issued and enforced by the Security and Futures Authority Ltd (SFA). Additionally the Securities and Investment Board (SIB), the umbrella organisation of the regulatory bodies established by the FSA, has produced an Oil Market Code of Practice which is appended to this article. (UK)

New Solutions for Renewable Energy Trading

Directory of Open Access Journals (Sweden)

Władysław Mielczarski

2014-09-01

Full Text Available The paper presents one of the key problems in renewable energy trading. The support system for RES is operating on financial levels leaving to the RES producers decisions on the energy trade. However, the flawed legal regulations impose the obligations on Default Electricity Supplier (SzU1 to buy all RES production from the installations located in the areas of the SzU operation. Such legal provisions result in the additional burden on the SzU, which main duty is to provide electric energy to customers who do not want to enter competitive electricity markets. Additionally, over interpretation of the Energy Law provisions by the Energy Regulatory Authority (URE2, allowing the RES producers to trade a part of their production on electricity markets leaving the obligation on SzUs, has led to the speculative trade of renewable energy. Some RES producers sell the electricity produced in competitive markets during peak demand hours – usually working days from 7 a.m. to 8 p.m. – when the Power Exchange prices are significantly higher than the obligatory purchase price. When during off peak demand hours electricity prices in the Power Exchange are lower than the obligatory level, RES producers sell the electric energy to SzUs at the obligatory price, determined by the URE. Such an abuse of fair trade results in the additional income for the RES producers being burden on SzUs, which have to transfer such costs to energy endusers. The simulations, carried out for Poland indicate that the additional costs can count for about 200 mln zł per year.

Statistical properties of short-selling and margin-trading activities and their impacts on returns in the Chinese stock markets

Science.gov (United States)

Gao, Yan; Gao, Yao

2015-11-01

We investigate the collective behaviors of short-selling and margin-trading between Chinese stocks and their impacts on the co-movements of stock returns by cross-correlation and partial correlation analyses. We find that the collective behaviors of margin-trading are largely attributed to the index cohesive force, while those of short-selling are mainly due to some direct interactions between stocks. Interestingly, the dominant role the finance industry plays in the collective behaviors of short-selling could make it more important in affecting the co-movement structure of stock returns by strengthening its relationship with the market index. By detecting the volume-return and volume-volatility relationships, we find that the investors of the two leverage activities are positively triggered by individual stock volatility first, and next, at the return level, margin-buyers show trend-following properties, while short-sellers are probably informative traders who trade on the information impulse of specific firms. However, the return predictability of the two leverage trading activities and their impacts on stock volatility are not significant. Moreover, both tails of the cumulative distributions of the two leverage trading activities are found following the stretched exponential law better than the power-law.

The role of trade unions in the pursuit of HSE-goals

International Nuclear Information System (INIS)

Fjelldal, T.

1994-01-01

The conference paper discusses the role of trade unions in Norway in pursuing Health, Safety, Environment (HSE). In the Norwegian tradition social responsible unions, broad participation, continuous development of the company organization, are key factors to improve the working environment. In laws and agreements the unions have a well-defined role in pursuing HSE goals. Joint action programmes between the confederations NHO/LO (Norwegian Employers' Confederation/Norwegian Federation of Trade Unions) and other investments in HSE, pays off. The paper concentrates on the HSE-organization, factors which might improve the working environment, and the union role. 10 refs., 7 figs

The role of trade unions in the pursuit of HSE-goals

Energy Technology Data Exchange (ETDEWEB)

Fjelldal, T [Norwegian Oil and Petrochemical Union, NOPEF (Norway)

1994-12-31

The conference paper discusses the role of trade unions in Norway in pursuing Health, Safety, Environment (HSE). In the Norwegian tradition social responsible unions, broad participation, continuous development of the company organization, are key factors to improve the working environment. In laws and agreements the unions have a well-defined role in pursuing HSE goals. Joint action programmes between the confederations NHO/LO (Norwegian Employers` Confederation/Norwegian Federation of Trade Unions) and other investments in HSE, pays off. The paper concentrates on the HSE-organization, factors which might improve the working environment, and the union role. 10 refs., 7 figs.

Brazil’s Market for Trading Forest Certificates

DEFF Research Database (Denmark)

Soares-Filho, Britaldo; Rajão, Raoni; Merry, Frank

2016-01-01

Brazil faces an enormous challenge to implement its revised Forest Code. Despite big losses for the environment, the law introduces new mechanisms to facilitate compliance and foster payment for ecosystem services (PES). The most promising of these is a market for trading forest certificates (CRAs...... value of US$ 9.2±2.4 billion, with main regional markets forming in the states of Mato Grosso and São Paulo. This would be the largest market for trading forests in the world. Overall, the potential supply of CRAs in Brazilian states exceeds demand, creating an opportunity for additional PES programs...... to use the CRA market. This expanded market could provide not only monetary incentives to conserve native vegetation, but also environmental co-benefits by fostering PES programs focused on biodiversity, water conservation, and climate regulation. Effective implementation of the Forest Code will be vital...

The WHO/WTO study on trade and public health: a critical assessment.

Science.gov (United States)

Howse, Robert

2004-04-01

This article provides a brief critical examination of a 2002 report jointly issued by the World Health Organization and the World Trade Organization on WTO law and public health. The author argues that the report is in many respects misleading as to the content of WTO law, as interpreted by the Appellate Body of the WTO, its final court. In particular, the WHO/WTO report systematically understates or underestimates the margins of regulatory autonomy that WTO member states have to make regulations that protect public health.

Anonymous electronic trading versus floor trading

OpenAIRE

Franke, Günter; Hess, Dieter

1995-01-01

This paper compares the attractiveness of floor trading and anonymous electronic trading systems. It is argued that in times of low information intensity the insight into the order book of the electronic trading system provides more valuable information than floor trading, but in times of high information intensity the reverse is true. Thus, the electronic system's market share in trading activity should decline in times of high information intensity. This hypothesis is tested by data on BUND...

75 FR 32834 - U.S. Department of State Advisory Committee on Private International Law Study Group Notice of...

Science.gov (United States)

2010-06-09

... DEPARTMENT OF STATE [Public Notice 7041] U.S. Department of State Advisory Committee on Private International Law Study Group Notice of Meeting on the United Nations Commission on International Trade Law (UNCITRAL) Draft Legislative Guide on Secured Transactions and Its Treatment of Security Rights in...

Is Fitts' law continuous in discrete aiming?

Directory of Open Access Journals (Sweden)

Rita Sleimen-Malkoun

Full Text Available The lawful continuous linear relation between movement time and task difficulty (i.e., index of difficulty; ID in a goal-directed rapid aiming task (Fitts' law has been recently challenged in reciprocal performance. Specifically, a discontinuity was observed at critical ID and was attributed to a transition between two distinct dynamic regimes that occurs with increasing difficulty. In the present paper, we show that such a discontinuity is also present in discrete aiming when ID is manipulated via target width (experiment 1 but not via target distance (experiment 2. Fitts' law's discontinuity appears, therefore, to be a suitable indicator of the underlying functional adaptations of the neuro-muscular-skeletal system to task properties/requirements, independently of reciprocal or discrete nature of the task. These findings open new perspectives to the study of dynamic regimes involved in discrete aiming and sensori-motor mechanisms underlying the speed-accuracy trade-off.

Corruption, development and governance indicators predict invasive species risk from trade.

Science.gov (United States)

Brenton-Rule, Evan C; Barbieri, Rafael F; Lester, Philip J

2016-06-15

Invasive species have an enormous global impact, with international trade being the leading pathway for their introduction. Current multinational trade deals under negotiation will dramatically change trading partnerships and pathways. These changes have considerable potential to influence biological invasions and global biodiversity. Using a database of 47 328 interceptions spanning 10 years, we demonstrate how development and governance socio-economic indicators of trading partners can predict exotic species interceptions. For import pathways associated with vegetable material, a significantly higher risk of exotic species interceptions was associated with countries that are poorly regulated, have more forest cover and have surprisingly low corruption. Corruption and indicators such as political stability or adherence to rule of law were important in vehicle or timber import pathways. These results will be of considerable value to policy makers, primarily by shifting quarantine procedures to focus on countries of high risk based on their socio-economic status. Further, using New Zealand as an example, we demonstrate how a ninefold reduction in incursions could be achieved if socio-economic indicators were used to select trade partners. International trade deals that ignore governance and development indicators may facilitate introductions and biodiversity loss. Development and governance within countries clearly have biodiversity implications beyond borders. © 2016 The Author(s).

Orangutan trade, confiscations, and lack of prosecutions in Indonesia.

Science.gov (United States)

Nijman, Vincent

2017-11-01

Prosecuting and sentencing law breakers punishes the offender and acts as a deterrent for future law breakers. With thousands of Sumatran and Bornean orangutans (Pongo abelii and P. pygmaeus) having entered private and government rescue centers and facilities, I evaluate the role of successful prosecution in orangutan conservation in Indonesia. Orangutans have been protected in Indonesian since 1931 and they are not allowed to be traded or to be kept as pets. In the period 1993-2016 at least 440 orangutans were formally confiscated, and many more were "donated" to law enforcement agencies. This resulted in seven (7) successful prosecutions by six different courts. Sentencing was lenient (median fine US$ 442 out of a possible US$ 7,600, median prison sentence 8 months out of a possible 5 years) and certainly too low to act as a deterrent. A paradigm shift within government authorities, conservation organizations, the judiciary, and by the general public is needed where trade in orangutans is no longer seen as a crime against an individual animal but as an economic crime that negatively affects society as a whole. Prosecuting offenders for tax evasion, corruption, endangering public health, animal cruelty, and smuggling, in addition to violating protected species laws, would allow for an increase in sentencing, resulting in a stronger deterrent, and greater public support. Conservation and welfare NGOs have a duty to become more proactive in a drive to increase enforcement; rescuing orangutans always has to coincide with prosecuting offenders and failures, and successes of these prosecutions have to be vigorously publicized. Despite numerous commitments made by Indonesia to orangutan conservation, and clear failures to deliver on almost all components, international donors have increased their funding year on year; it is time that this changes to a system where not failure is rewarded but success. © 2017 Wiley Periodicals, Inc.

Constitutionalization of international investment law: Indirect expropriation cases, fair and equitable treatment

Directory of Open Access Journals (Sweden)

César Higa

2013-12-01

Full Text Available The purpose of this paper is to explore the impact of international investment law rules in the Economic Constitutional Law, especially those included in investment chapters of Peruvian’s Free Trade Treaties. In particular, it is expected to demonstrate the following (i International Investment Law is part of Peruvian Legal System; (ii provisions of these laws are mandatory and should be applied domestically; and (iii interpretation and implementation of this legal right should be executed consistently with domestic legal system and Peruvian international obligations. This agreed Interpretation between Investment Law and Economic Constitution will have a positive effect in rationalization of public entities actions avoiding abuses and maltreatment to investors, in order to improve investment climate as a key element forachieving country’s sustainable development.

The Case-Law of the Court of Justice of the European Communities Concerning the Law of the World Trade Organization and the Autonomy of the European Community in the Implementation of Its Common Commercial Policy

Directory of Open Access Journals (Sweden)

Miguel Ángel Cepillo Galvín

2009-12-01

Full Text Available In the last years some authors have questioned the autonomy of the European Community when implementing its commercial policy, due to the amount of trade agreements signed by it and especially because of the commitments acquired in the WTO. There is no doubt that the compulsory fulfilment of these commitments is a conditioning factor with regard to the implementation of the Common Commercial Policy, but that doesn’t make the autonomy of the EU disappear in order to put its model of commercial policy into practice. In this respect, it’s necessary to underline the ample discretionary margin in the management of the commercial policy that the Court of Justice of the European Communities recognizes in favour of the EU institutions within the framework of its case-law related to the denial of the direct effect of the WTO agreements, as we analyze in this paper.

Market impact and trading profile of hidden orders in stock markets.

Science.gov (United States)

Moro, Esteban; Vicente, Javier; Moyano, Luis G; Gerig, Austin; Farmer, J Doyne; Vaglica, Gabriella; Lillo, Fabrizio; Mantegna, Rosario N

2009-12-01

We empirically study the market impact of trading orders. We are specifically interested in large trading orders that are executed incrementally, which we call hidden orders. These are statistically reconstructed based on information about market member codes using data from the Spanish Stock Market and the London Stock Exchange. We find that market impact is strongly concave, approximately increasing as the square root of order size. Furthermore, as a given order is executed, the impact grows in time according to a power law; after the order is finished, it reverts to a level of about 0.5-0.7 of its value at its peak. We observe that hidden orders are executed at a rate that more or less matches trading in the overall market, except for small deviations at the beginning and end of the order.

The trade union freedom of foreigners with no authorization to work

Directory of Open Access Journals (Sweden)

Consuelo Nieto Roales-Nieto

2014-11-01

Full Text Available The need of working, intended in its most primitive expression, as a mean for subsistence, is one of the fundamental causes for the increasement of migratory movements. As a result, a peculiar situation arises: there are foreign workers to whom the law that regulates the right to work does not apply.As trade union freedom is one of the fundamental rights related to work, it does not apply either. The article analyses the compatibility of the dispositions about foreigners that, in this respect, condition the exercise of the freedom of syndication, to the authorization of permanence in the country or residence permission with the scope of application of trade union freedom right provided by the Spanish Bill of Rights. The study does not try to establish the practical viability of the possibility for a foreigner to be covered by the right of syndication but the legitimacy of the normative implications when foreigner´s law (Ley de extranjería is applied confronted to the principles stated in the Spanish Constitution and in international treaties.

Application of principles of European law in the Supreme Court of Estonia : [doktoritöö] / Carri Ginter ; juhendaja: Raul Narits

Index Scriptorium Estoniae

Ginter, Carri, 1978-

2008-01-01

Kaitses Tartus 01. 07. 2008. a.. - Koosneb artiklitest: Access to courts for branches - some thoughts under Estonian and EC law // European competition law review : ECLR (2004) nr. 11, lk. 708-715 ; Constitutional review and EC law in Estonia // European Law Review (2006) nr. 6, lk. 912-923 ; Effective implementation of the Trade Mark Directive in Estonia // European competition law review : ECLR (2007) nr. 6, lk. 337-345 ; Procedural issues relating to EU law in the Estonian Supreme Court // Juridica International. XII. Tartu, 2007, lk. 67-79

French civil law aspects of international sales of oil

International Nuclear Information System (INIS)

Moquet, A.

1992-01-01

There is not in France, as in London and New York, and organised trade market for crude oil and oil products. French law does not apply to oil futures negotiated in foreign markets, although solicitation in France for transactions in a foreign market is legal only if that market is approved by the French Minister in charge of Economic Affairs. However, French oil producers do enter into OTC forward and commodity swap agreements. Although most of these agreements are standardised and expressly choose English law and the jurisdiction of the High Court of London for resolution of disputes, fundamental principles of French private international law may impose jurisdiction of a French Commercial Court (in case of bankruptcy of the French party for example) and/or rules of necessary application or public order. (author)

The Impact of the Law on the Practice of Public Relations Discourse.

Science.gov (United States)

Pohl, Gayle M.

A review of the literature useful for public relations researchers and students explored the primary legal concerns that public relations practitioners face, including first amendment rights, insider trading, regulations when working with foreign organizations, disclosure, privacy, copyright/trademark law, advertising, and defamation. Public…

Intellectual Property Law in Indonesia After 2001

OpenAIRE

Sinaga, Valerie Selvie

2013-01-01

This paper reviews the major changes of intellectual property condition in Indonesia after 2001. In that year, Indonesia, which has become a member of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) since 1994, was ready to meet its commitment under TRIPS. To do so, Indonesiahas made changes in the areas of legislation, administration, court proceedings, and law enforcement. The paper also discusses problematic issues surrounded the implementation of such change...

INTELLECTUAL PROPERTY LAW IN INDONESIA AFTER 2001

OpenAIRE

Valerie Selvie Sinaga

2013-01-01

This paper reviews the major changes of intellectual property condition in Indonesia after 2001. In that year, Indonesia, which has become a member of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) since 1994, was ready to meet its commitment under TRIPS. To do so, Indonesiahas made changes in the areas of legislation, administration, court proceedings, and law enforcement. The paper also discusses problematic issues surrounded the implementation of such change...

Trading volume and the number of trades

OpenAIRE

Marwan Izzeldin

2007-01-01

Trading volume and the number of trades are both used as proxies for market activity, with disagreement as to which is the better proxy for market activity. This paper investigates this issue using high frequency data for Cisco and Intel in 1997. A number of econometric methods are used, including GARCH augmented with lagged trading volume and number of trades, tests based on moment restrictions, regression analysis of volatility on volume and trades, normality of returns when standardized by...

Preferential Trade Agreements and the Law and Politics of GATT Article XXIV

DEFF Research Database (Denmark)

Alavi, Amin

2010-01-01

The tasks Preferential Trade Agreements (PTAs) perform are expressed in their scope and covered issues, thus in order to be WTO compatible these aspects of PTAs should comply with the relevant WTO rules. This paper examines which aspects of PTAs can violate these rules and therefore can be challe...... be challenged before the WTO Dis-pute Settlement Body, who may initiate such cases and why there hasn´t been more cases dealing with this im-portant issue....

16 CFR 5.63 - Evidence; transcript; in camera orders; proposed findings of fact and conclusions of law.

Science.gov (United States)

2010-01-01

... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Evidence; transcript; in camera orders; proposed findings of fact and conclusions of law. 5.63 Section 5.63 Commercial Practices FEDERAL TRADE... findings of fact and conclusions of law. Sections 3.43, 3.44, 3.45, and 3.46 of the Commission's Rules of...

The surveillance of the electricity wholesale market and emission trading market

International Nuclear Information System (INIS)

Luedemann, Volker

2015-01-01

The Regulation on Wholesale Market Integrity and Transparency (REMIT) and the German Law on the Establishment of a Market Transparency Office for Wholesale Trade in Electricity and Gas (MTS-G) have fundamentally changed the surveillance of electricity wholesale trade in Germany. From now on the Federal Network Agency and the Federal Cartel Office will be jointly responsible for monitoring the electricity wholesale trade for suspicious market phenomena and abusive behaviour. The REMIT specifies that the electricity trade must be surveilled ''with due consideration to interactions'' with the emission trade system. However, occurrences observed in recent years have shown that the emission trading system is in need of reform. This has also been recognised and has prompted extensive corrective action by the regulatory authorities of the European Union. These changes have yet to be transposed into the national surveillance regimes. The present article explains why the new role accorded to the Federal Network Agency under the REMIT fails to eliminate the structural shortcomings of the old surveillance system. At least the decision to put the collection and evaluation of data exclusively in the hands of the market transparency office and the cooperation this will prompt between the supervisory authorities responsible will make the task of surveilling the energy wholesale trading market a lot easier for the authorities. The energy transition and its exigencies will yet lead to further changes in the market and its surveillance regime.

Regional Trade Agreement and Agricultural Trade in East African ...

African Journals Online (AJOL)

Intra-EAC trade is very low, that is, at 9 per cent of the total regional trade, but it is on upward trend. Agricultural trade accounts for over 40 per cent of the intra-EAC trade. This study investigated the effect of EAC regional trade agreement on the regions agricultural trade by analyzing the degree of trade creation and ...

Trade creation and trade diversion in the Canada - United States Free Trade Agreement

OpenAIRE

Kimberly A. Clausing

2001-01-01

In this paper the changes in trade patterns introduced by the Canada-United States Free Trade Agreement are examined. Variation in the extent of tariff liberalization under the agreement is used to identify the impact of tariff liberalization on the growth of trade both with member countries and non-member countries. Data at the commodity level are used, and the results indicate that the Canada-United States Free Trade Agreement had substantial trade creation effects, with little evidence of ...

Trade Policy

OpenAIRE

Murray Gibbs

2007-01-01

In an otherwise insightful and thoughtful article, Sebastian Pfotenhauer (Trade Policy Is Science Policy,” Issues, Fall 2013) might better have entitled his contribution “Trade Policy Needs to Be Reconciled with Science Policy.” The North American Free Trade Agreement (NAFTA) and the agreements administered by the World Trade Organization, particularly the General Agreement on Tariffs and Trade (GATT) and the Technical Barriers to Trade (TBT), were adopted to promote international trade and i...

The impact of the israeli transplantation law on the socio-demographic profile of living kidney donors.

Science.gov (United States)

Boas, H; Mor, E; Michowitz, R; Rozen-Zvi, B; Rahamimov, R

2015-04-01

The Israeli transplantation law of 2008 stipulated that organ trading is a criminal offense, and banned the reimbursement of such transplants by insurance companies, thus decreasing dramatically transplant tourism from Israel. We evaluated the law's impact on the number and the socio-demographic features of 575 consecutive living donors, transplanted in the largest Israeli transplantation center, spanning 5 years prior to 5 years after the law's implementation. Living kidney donations increased from 3.5 ± 1.5 donations per month in the pre-law period to 6.1 ± 2.4 per month post-law (p socio-demographic characteristics: mean age increased from 35.4 ± 7.4 to 39.9 ± 10.2 (p = 0.001), an increase in the proportion of donors with college level or higher education (31.0% to 63.1%; p tourism and organ trading in accordance with Istanbul Declaration, was associated with an increase in local transplantation activity, mainly from related living kidney donors, and a change in the profile of unrelated donors into an older, higher educated, white collar population. © Copyright 2015 The American Society of Transplantation and the American Society of Transplant Surgeons.

International provision of trade services, trade, and fragmentation

OpenAIRE

Deardorff, Alan V.

2001-01-01

The author examines the special role that trade liberalization in services industries can play in stimulating trade in both services, and goods. International trade in goods requires inputs from such trade services as transportation, insurance, and finance, for example. Restrictions on services across borders, and within foreign countries add costs, and barriers to international trade. Lib...

Brazil's Market for Trading Forest Certificates.

Science.gov (United States)

Soares-Filho, Britaldo; Rajão, Raoni; Merry, Frank; Rodrigues, Hermann; Davis, Juliana; Lima, Letícia; Macedo, Marcia; Coe, Michael; Carneiro, Arnaldo; Santiago, Leonardo

2016-01-01

Brazil faces an enormous challenge to implement its revised Forest Code. Despite big losses for the environment, the law introduces new mechanisms to facilitate compliance and foster payment for ecosystem services (PES). The most promising of these is a market for trading forest certificates (CRAs) that allows landowners to offset their restoration obligations by paying for maintaining native vegetation elsewhere. We analyzed the economic potential for the emerging CRA market in Brazil and its implications for PES programs. Results indicate a potential market for trading 4.2 Mha of CRAs with a gross value of US$ 9.2±2.4 billion, with main regional markets forming in the states of Mato Grosso and São Paulo. This would be the largest market for trading forests in the world. Overall, the potential supply of CRAs in Brazilian states exceeds demand, creating an opportunity for additional PES programs to use the CRA market. This expanded market could provide not only monetary incentives to conserve native vegetation, but also environmental co-benefits by fostering PES programs focused on biodiversity, water conservation, and climate regulation. Effective implementation of the Forest Code will be vital to the success of this market and this hurdle brings uncertainty into the market. Long-term commitment, both within Brazil and abroad, will be essential to overcome the many challenges ahead.

Brazil's Market for Trading Forest Certificates.

Directory of Open Access Journals (Sweden)

Britaldo Soares-Filho

Full Text Available Brazil faces an enormous challenge to implement its revised Forest Code. Despite big losses for the environment, the law introduces new mechanisms to facilitate compliance and foster payment for ecosystem services (PES. The most promising of these is a market for trading forest certificates (CRAs that allows landowners to offset their restoration obligations by paying for maintaining native vegetation elsewhere. We analyzed the economic potential for the emerging CRA market in Brazil and its implications for PES programs. Results indicate a potential market for trading 4.2 Mha of CRAs with a gross value of US$ 9.2±2.4 billion, with main regional markets forming in the states of Mato Grosso and São Paulo. This would be the largest market for trading forests in the world. Overall, the potential supply of CRAs in Brazilian states exceeds demand, creating an opportunity for additional PES programs to use the CRA market. This expanded market could provide not only monetary incentives to conserve native vegetation, but also environmental co-benefits by fostering PES programs focused on biodiversity, water conservation, and climate regulation. Effective implementation of the Forest Code will be vital to the success of this market and this hurdle brings uncertainty into the market. Long-term commitment, both within Brazil and abroad, will be essential to overcome the many challenges ahead.

The Ne Bis in Idem Principle in the Enforcement of EU Competition Law

OpenAIRE

Nguyen, Linda

2013-01-01

The current EU competition law enforcement regime was created by Regulation 1/2003 which entered into force on 1 May 2004. In essence, the system is based on a decentralised model where the European Commission and national competition authorities have parallel competences to apply EU competition provisions. National competition authorities and courts are obliged to apply Articles 101 and 102 TFEU whenever they apply national competition law to anti-competitive conduct which may affect trade b...

Keck in Capital? Redefining 'Restrictions' in the 'Golden Shares' Case Law

NARCIS (Netherlands)

I Antonaki (Ilektra)

2016-01-01

textabstractThe evolution of the case law in the field of free movement of goods has been marked by consecutive changes in the legal tests applied by the Court of Justice of the European Union for the determination of the existence of a trade restriction. Starting with the broad Dassonville and

A trade secret model for genomic biobanking.

Science.gov (United States)

Conley, John M; Mitchell, Robert; Cadigan, R Jean; Davis, Arlene M; Dobson, Allison W; Gladden, Ryan Q

2012-01-01

Genomic biobanks present ethical challenges that are qualitatively unique and quantitatively unprecedented. Many critics have questioned whether the current system of informed consent can be meaningfully applied to genomic biobanking. Proposals for reform have come from many directions, but have tended to involve incremental change in current informed consent practice. This paper reports on our efforts to seek new ideas and approaches from those whom informed consent is designed to protect: research subjects. Our model emerged from semi-structured interviews with healthy volunteers who had been recruited to join either of two biobanks (some joined, some did not), and whom we encouraged to explain their concerns and how they understood the relationship between specimen contributors and biobanks. These subjects spoke about their DNA and the information it contains in ways that were strikingly evocative of the legal concept of the trade secret. They then described the terms and conditions under which they might let others study their DNA, and there was a compelling analogy to the commonplace practice of trade secret licensing. We propose a novel biobanking model based on this trade secret concept, and argue that it would be a practical, legal, and ethical improvement on the status quo. © 2012 American Society of Law, Medicine & Ethics, Inc.

THE WORLD TRADE ORGANIZATION (WTO FREE TRADE WITHIN FAIR TRADE CHALLENGES

Directory of Open Access Journals (Sweden)

M. Ya’kub Aiyub Kadir

2014-06-01

Full Text Available Free trade and fair trade are considered an ambiguous term with relative meanings of identification. Objectively, free and fair trade does not mean completely free and fair, but it means trade under binding rules obeyed by member countries as a consequence of their commitment after signing and ratification of the WTO agreements. Hence, this paper aims at exploring the issue and does an effort to harmonise between free trade and fair trade within the WTO system. Perdagangan bebas dan perdagangan yang adil adalah dua istilah yang ambigu maknanya. Secara obyektif, perdagangan bebas tidak bermakna bebas dan adil seluruhnya, tetapi bermakna sebuah perdagangan di bawah aturan-aturan mengikat setelah negara anggota menandatangani dan meratifikasi kesepakatan WTO. Tetapi dalam realitas kebanyakan Negara, terutama negara berkembang tidak mampu untuk membuka pasar dan menurunkan tarif secara keseluruhan. Persoalan tidak berimbangnya kekuatan, kurang demokrasi, krisis legitimasi dan dobel standar dalam WTO sistem merupakan sebuah tantangan yang masih berlanjut. Paper ini akan mengkaji persoalan ini dan berupaya mengharmonisasikan antara perdagangan bebas dan adil dalam sistem WTO.

THE WORLD TRADE ORGANIZATION (WTO FREE TRADE WITHIN FAIR TRADE CHALLENGES

Directory of Open Access Journals (Sweden)

M. Ya’kub Aiyub Kadir

2014-06-01

Full Text Available Free trade and fair trade are considered an ambiguous term with relative meanings of identification. Objectively, free and fair trade does not mean completely free and fair, but it means trade under binding rules obeyed by member countries as a consequence of their commitment after signing and ratification of the WTO agreements. Hence, this paper aims at exploring the issue and does an effort to harmonise between free trade and fair trade within the WTO system.   Perdagangan bebas dan perdagangan yang adil adalah dua istilah yang ambigu maknanya. Secara obyektif, perdagangan bebas tidak bermakna bebas dan adil seluruhnya, tetapi bermakna sebuah perdagangan di bawah aturan-aturan mengikat setelah negara anggota menandatangani dan meratifikasi kesepakatan WTO. Tetapi dalam realitas kebanyakan Negara, terutama negara berkembang tidak mampu untuk membuka pasar dan menurunkan tarif secara keseluruhan. Persoalan tidak berimbangnya kekuatan, kurang demokrasi, krisis legitimasi dan dobel standar dalam WTO sistem merupakan sebuah tantangan yang masih berlanjut. Paper ini akan mengkaji persoalan ini dan berupaya mengharmonisasikan antara perdagangan bebas dan adil dalam sistem WTO.

Tinjauan Yuridis Terhadap Asean-China Free Trade Agreement (ACFTA) Dan Implikasinya Terhadap Pengaturan Penanaman Modal

OpenAIRE

NAINGGOLAN, SUSPIM GP; GINTING, BUDIMAN; SIREGAR, MAHMUL

2013-01-01

ASEAN-China Free Trade Agreement (ACFTA) is a free agreement which is formed the member countries of ASEAN with China. ACFTA is one of the free Trade Agreement that has been agreed since 2001, and are formed based on the basic of International law, namely the Framework Agreement and Comprehensive Economic Co-operation between ASEAN and The People's Republic of China, which is signed on 4 November 2002 in Phnom Penh, Cambodia, by the heads of government from ASEAN countries and The People's of...

Determinants of corporate cash holdings: Evidence from Portuguese publicly traded firms

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Fernandes, Filipa

2017-05-01

Full Text Available This paper investigates the determinants of cash holdings of publicly traded Portuguese firms. We find that such firms hold less cash than similar companies operating in countries where both shareholders and creditors’ rights are more tightly protected by the law. In addition, our regression results suggest that leverage, other liquid assets, and firm growth are negatively correlated with our sample firms’ cash holdings whereas long-term debt and financial distress are positively correlated. Our findings cannot be reconciled with just one of the existent theories (trade-off, pecking order and free cashflow theory, and emphasize the importance of a country’s legal, institutional, and economic environment for explaining firms’ cash holdings decisions.

The Criminalization of the Theft of Trade Secrets:\\ud An Analysis of the Economic Espionage Act

OpenAIRE

Searle, Nicola

2012-01-01

This paper presents a law and economics assessment of how the elevation of the theft of trade secrets from civil malfeasance to a felony affects the incentives for both firms and potential thieves. The paper begins with theoretical analysis of the EEA and concludes with an empirical assessment of prosecutions under the EEA. In comparison to penalties used in civil cases, the new incentive of a criminal deterrent to trade secret theft introduces severe consequences, such as incarceration as a ...

Comparing Interval Management Control Laws for Steady-State Errors and String Stability

Science.gov (United States)

Weitz, Lesley A.; Swieringa, Kurt A.

2018-01-01

Interval Management (IM) is a future airborne spacing concept that leverages avionics to provide speed guidance to an aircraft to achieve and maintain a specified spacing interval from another aircraft. The design of a speed control law to achieve the spacing goal is a key aspect in the research and development of the IM concept. In this paper, two control laws that are used in much of the contemporary IM research are analyzed and compared to characterize steady-state errors and string stability. Numerical results are used to illustrate how the choice of control laws gains impacts the size of steady-state errors and string performance and the potential trade-offs between those performance characteristics.

Ukraine’s trade and economic priorities in the Black sea economic cooperation

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Andriy Goncharuk

2013-06-01

Full Text Available The article is devoted to the substantiation of trade and economic priorities of Ukraine’s integration into the Black Sea Economic Cooperation (BSEC. The country’s integration options have been analyzed including the Western European vs. pro-Russian integration vector, the bidirectional gravity model, and an alte — native subregional cooperation direction. Ukraine’s sectoral priorities for deepening economic cooperation with the BSEC member countries in the context of implementation of the national interests have been identified, in particular in the field of goods, transport and tourism services, and energy trading. The ways of and instruments for improving Ukraine’s trade activities within the framework of the Black Sea Economic Cooperation have been offered for the various working groups of the Organization that are focused on such areas of cooperation as macroeconomics, policy and law, finance and economics, science and technology, culture and society, infrastructure, and institutional renewal.

A precursor of market crashes: Empirical laws of Japan's internet bubble

Science.gov (United States)

Kaizoji, T.

2006-03-01

In this paper, we quantitatively investigate the properties of a statistical ensemble of stock prices. We focus attention on the relative price defined as X(t) = S(t)/S(0), where S(0), is the stock price for an onset time of the bubble. We selected approximately 3200 stocks traded on the Japanese Stock Exchange, and formed a statistical ensemble of daily relative prices for each trading day in the 3-year period from January 4, 1999 to December 28, 2001, corresponding to the period in which internet Bubble formed and crashed in the Japanese stock market. We found that the upper tail of the complementary cumulative distribution function of the ensemble of the relative prices in the high value of the price is well described by a power-law distribution, P(S>x) ˜x-α , with an exponent that moves over time. Furthermore we found that as the power-law exponents α approached two, the bubble burst. It is reasonable to suppose that it indicates that internet bubble is about to burst.

Europe's global responsibility to govern trade and investment sustainability: climate, capital, CAP and Cotonou

International Nuclear Information System (INIS)

Ruddy, T.F.

2005-01-01

This paper examines the progress made towards forging a Sustainable Development Strategy of the European Union on the basis of three structures of the global economy: Trade, Investment and Knowledge Generation. It identifies deficits in all three, and cites alternatives for improvement such as acknowledging ecological debt and setting up a Global Marshall Plan. It outlines how, over the medium term, compatibility with trade law could be maintained, and how Sustainability Impact Assessments (SIA) could cushion the effects of the current governance regimes. It then considers alternatives such as encouraging the EU's African, Caribbean and Pacific (ACP) partners to form Regional Trade Areas among themselves. Guidance is given regarding reform of the Common Agricultural Policy and the question as to whether the investment regime can be governed multilaterally and, if so, at which venue. (author)

An Approach to Regulation on Financial Derivatives in the Spanish Law

Directory of Open Access Journals (Sweden)

Pablo Sanz Bayón

2013-07-01

Full Text Available This review examines the major reforms implemented in the regulations governing the trading of financial derivatives in Spain. This new regulation is intended to harmonize the treatment of derivative products with the legal standards of international markets in the European area as well as improving their competitiveness by enhancing the trading of new products and business lines in the Spanish markets while reducing the systemic risk associated to the clearing and settlement of derivatives contracts. Including measures regarding the conversion of OTC derivatives into assets quoted on organized markets into Spanish law has made an important contribution to a better regulation, security and transparency of the financial system.

THE IMPACT OF THE WTO RETALIATION FROM THE PERSPECTIVE OF HUMAN RIGHTS LAW

Directory of Open Access Journals (Sweden)

Intan Innayatun Soeparna

2008-10-01

Full Text Available World Trade Organization (WTO dispute settlement system through Panel and Appellate Body, allows sanction to be imposed when a member is unwilling to bring a WTO-inconsistent trade measure into conformity. According to the Article 22 of Dispute Settlement Understanding (DSU, if in a certain case WTO Panel finds a party has failed to make new policy in compliance with the WTO rules, the aggrieved party is entitled to obtain retaliation. The WTO retaliation emerges negative impact for some countries in particular developing or small economic countries. This impact denotes the violation of international human rights law, particularly economic rights that stipulate in Universal Declaration of Human Rights (UDHR, International Covenant on Civil and Political Rights (ICCPR, and the International Covenant on Economic, Social and Cultural Rights (ICESCR. This paper explains the impact that arises when WTO retaliation is imposed to a country whether a developed or developing country, from the perspective of international human rights law.

REGIONAL TRADE AGREEMENTS AND COMPETITION POLICY. CASE STUDY: EU, ASEAN AND NAFTA

Directory of Open Access Journals (Sweden)

Fora Andreea-Florina

2014-07-01

Full Text Available The large number of regional trade agreements notified to the World Trade Organization (WTO significantly influenced the flow of world trade. By April 2014 there had been notified 583 regional trade agreements to the WTO, of which only 379 are in force. The objective of this paper is to highlight the importance of regional trade agreements in world trade, especially the importance of establishing a regional competition policy in these agreements. The research methodology used is the analysis of legislation governing preferential trade agreements at the level of WTO, the collection and interpretation of statistical data provided by the WTO Secretariat, the case study, namely the study of literature. The paper is structured in three parts. The first part of the paper examines the basic laws based on which regional trade agreements are notified to the WTO and the evolution of these agreements in the period 1958-2013. The second part of the paper is devoted to the analysis of competition policy in regional trade agreements. In this part of the paper, to highlight the patterns of competition policy adopted under these agreements was analyzed by three case studies of competition policy in the EU, ASEAN and NAFTA. The three case studies have revealed that the three preferential trade agreements present regional competition policies with varying degrees of integration. The most complex form of competition policy is found in the European Union, because we are talking about a centralized model of competition policy. ASEAN presents a partially decentralized model, while NAFTA scrolls with a decentralized model of competition policy. The last part of the paper presents the characteristics of the four models of competition policy identified in the preferential trade agreements in force. It should be emphasized that if the initial preferential trade agreements have not put a great emphasis on the rules of competition policy, practice has shown the importance

Chambers of work - steps in the development of labor law

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Ion Tutuianu

2012-12-01

Full Text Available Social changes that followed the war and perfection state unit generated new and complex problems in all areas. We try to present problems directly aimed at the working class, that is formalized and institutionalized labor, social and economic context of the time. As regards labor law of 1927 rooms and discussions around it, brought the authors to the conclusion that trying to regulate relations between labor and capital and precise directives followed, social reconciliation, abolition of trade union activity, labor movement split and its supervision. Concessions workers were considered only illusory and employers with state dominance. However during 1933/1934, Chambers work activity had a positive role in the field of enforcement of labor law, serving an important role in other institutions and labor organizations, representing a significant step in the development of labor law.

Brazil’s Market for Trading Forest Certificates

Science.gov (United States)

Soares-Filho, Britaldo; Rajão, Raoni; Merry, Frank; Rodrigues, Hermann; Davis, Juliana; Lima, Letícia; Macedo, Marcia; Coe, Michael; Carneiro, Arnaldo; Santiago, Leonardo

2016-01-01

Brazil faces an enormous challenge to implement its revised Forest Code. Despite big losses for the environment, the law introduces new mechanisms to facilitate compliance and foster payment for ecosystem services (PES). The most promising of these is a market for trading forest certificates (CRAs) that allows landowners to offset their restoration obligations by paying for maintaining native vegetation elsewhere. We analyzed the economic potential for the emerging CRA market in Brazil and its implications for PES programs. Results indicate a potential market for trading 4.2 Mha of CRAs with a gross value of US$ 9.2±2.4 billion, with main regional markets forming in the states of Mato Grosso and São Paulo. This would be the largest market for trading forests in the world. Overall, the potential supply of CRAs in Brazilian states exceeds demand, creating an opportunity for additional PES programs to use the CRA market. This expanded market could provide not only monetary incentives to conserve native vegetation, but also environmental co-benefits by fostering PES programs focused on biodiversity, water conservation, and climate regulation. Effective implementation of the Forest Code will be vital to the success of this market and this hurdle brings uncertainty into the market. Long-term commitment, both within Brazil and abroad, will be essential to overcome the many challenges ahead. PMID:27050309

Local-scale dynamics and local drivers of bushmeat trade.

Science.gov (United States)

Nyaki, Angela; Gray, Steven A; Lepczyk, Christopher A; Skibins, Jeffrey C; Rentsch, Dennis

2014-10-01

Bushmeat management policies are often developed outside the communities in which they are to be implemented. These policies are also routinely designed to be applied uniformly across communities with little regard for variation in social or ecological conditions. We used fuzzy-logic cognitive mapping, a form of participatory modeling, to compare the assumptions driving externally generated bushmeat management policies with perceptions of bushmeat trade dynamics collected from local community members who admitted to being recently engaged in bushmeat trading (e.g., hunters, sellers, consumers). Data were collected during 9 workshops in 4 Tanzanian villages bordering Serengeti National Park. Specifically, we evaluated 9 community-generated models for the presence of the central factors that comprise and drive the bushmeat trade and whether or not models included the same core concepts, relationships, and logical chains of reasoning on which bushmeat conservation policies are commonly based. Across local communities, there was agreement about the most central factors important to understanding the bushmeat trade (e.g., animal recruitment, low income, and scarcity of food crops). These matched policy assumptions. However, the factors perceived to drive social-ecological bushmeat trade dynamics were more diverse and varied considerably across communities (e.g., presence or absence of collaborative law enforcement, increasing human population, market demand, cultural preference). Sensitive conservation issues, such as the bushmeat trade, that require cooperation between communities and outside conservation organizations can benefit from participatory modeling approaches that make local-scale dynamics and conservation policy assumptions explicit. Further, communities' and conservation organizations' perceptions need to be aligned. This can improve success by allowing context appropriate policies to be developed, monitored, and appropriately adapted as new evidence is

Law of the energy economy. A practical manual. 4. new rev. ed.

International Nuclear Information System (INIS)

Schneider, Jens-Peter; Theobald, Christian

2013-01-01

This manual presents the laws governing the electricity and gas markets, a field that has evolved at ever greater speed since the onset of liberalisation. Its content is of practical relevance and well-founded, yet nonetheless readily comprehensible to the layman. Following introductory sections on the technical and economic as well as national and European foundations of energy law are a wealth of contributions offering detailed analyses of the regulation of market structures; planning and licensing of energy infrastructure and energy installations; granting of municipal concessions to energy supply companies; trade in energy and emission permits as well as grid operation and grid utilisation; energy regulatory authorities and procedures; promotion of renewable energy, cogeneration and energy saving. The manual consistently takes account of the relevant regulations of cartel, municipal, environmental, tax, contractual and financial market law. Links to energy law proper are duly covered wherever practically relevant. The following legislation in particular has been incorporated in this new edition: 2011 amendment to the Energy Economy Law (unbundling, transmission system operator, grid development plans, modernisation in metrology, new consumer rights); 2012 amendment to the Nuclear Energy Law; Grid Expansion Acceleration and Transmission System Law of 2011 (NABEG); Renewable Energy Law of 2012; and Cogeneration Law of 2012.

Pushing the boundaries of the social: private agri-food standards and the governance of Fair Trade in European public procurement

OpenAIRE

Fisher, Eleanor; Sheppard, Hannah

2013-01-01

The article explores how fair trade and associated private agri-food standards are incorporated into public procurement in Europe. Procurement law is underpinned by principles of equity, non-discrimination and transparency; one consequence is that legal obstacles exist to fair trade being privileged within procurement practice. These obstacles have pragmatic dimensions, concerning whether and how procurement can be used to fulfil wider social policy objectives or to incorporate private standa...

Additive versus multiplicative trade costs and the gains from trade

DEFF Research Database (Denmark)

Sørensen, Allan

This paper addresses welfare effects from trade liberalization in a heterogeneous-fi…rms trade model including the empirically important per-unit (i.e. additive) trade costs in addition to the conventional iceberg (i.e. multiplicative) and fi…xed trade costs. The novel contribution of the paper...... is the result that the welfare gain for a given increase in trade openness is higher for reductions in per-unit (additive) trade costs than for reductions in iceberg (multiplicative) trade costs. The ranking derives from differences in intra-industry reallocations and in particular from dissimilar impacts...

Estimating the elasticity of trade: the trade share approach

OpenAIRE

Mauro Lanati

2013-01-01

Recent theoretical work on international trade emphasizes the importance of trade elasticity as the fundamental statistic needed to conduct welfare analysis. Eaton and Kortum (2002) proposed a two-step method to estimate this parameter, where exporter fixed effects are regressed on proxies for technology and wages. Within the same Ricardian model of trade, the trade share provides an alternative source of identication for the elasticity of trade. Following Santos Silva and Tenreyro (2006) bot...

Large-Scale Trade in Legally Protected Marine Mollusc Shells from Java and Bali, Indonesia.

Directory of Open Access Journals (Sweden)

Vincent Nijman

Full Text Available Tropical marine molluscs are traded globally. Larger species with slow life histories are under threat from over-exploitation. We report on the trade in protected marine mollusc shells in and from Java and Bali, Indonesia. Since 1987 twelve species of marine molluscs are protected under Indonesian law to shield them from overexploitation. Despite this protection they are traded openly in large volumes.We collected data on species composition, origins, volumes and prices at two large open markets (2013, collected data from wholesale traders (2013, and compiled seizure data by the Indonesian authorities (2008-2013. All twelve protected species were observed in trade. Smaller species were traded for 32,000 shells valued at USD500,000, chambered nautilus (Nautilus pompilius (>3,000 shells, USD60,000 and giant clams (Tridacna spp. (>2,000 shells, USD45,000 were traded in largest volumes. Two-thirds of this trade was destined for international markets, including in the USA and Asia-Pacific region.We demonstrated that the trade in protected marine mollusc shells in Indonesia is not controlled nor monitored, that it involves large volumes, and that networks of shell collectors, traders, middlemen and exporters span the globe. This impedes protection of these species on the ground and calls into question the effectiveness of protected species management in Indonesia; solutions are unlikely to be found only in Indonesia and must involve the cooperation of importing countries.

Plurilateral Trade Deals: An Alternative for Multilateral Trade Agreements?

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Agnes Ghibuțiu

2016-04-01

Full Text Available While multilateral trade negotiations under the World Trade Organization (WTO continue to be in impasse, plurilateral trade negotiations – i.e. among a group of WTO members – have intensified in recent years, and also recorded a series of concrete results in liberalizing specific sectors of international trade. Hence, there is a widely shared view that plurilateral trade negotiations could be an alternative for the multilateral ones. This paper aims to answer the following questions: What are plurilateral trade agreements? Which are the reasons behind the surge in plurilateral negotiations in recent years? What are the main achievements in liberalizing trade at the plurilateral level? What are the advantages of plurilateral negotiations relative to multilateral ones, and why are they considered an attractive alternative for negotiations at the multilateral level?

Act locally, trade globally. Emissions trading for climate policy

Energy Technology Data Exchange (ETDEWEB)

none

2005-07-01

Climate policy raises a number of challenges for the energy sector, the most significant being the transition from a high to a low-CO2 energy path in a few decades. Emissions trading has become the instrument of choice to help manage the cost of this transition, whether used at international or at domestic level. Act Locally, Trade Globally, offers an overview of existing trading systems, their mechanisms, and looks into the future of the instrument for limiting greenhouse gas emissions. Are current markets likely to be as efficient as the theory predicts? What is, if any, the role of governments in these markets? Can domestic emissions trading systems be broadened to activities other than large stationary energy uses? Can international emissions trading accommodate potentially diverse types of emissions targets and widely different energy realities across countries? Are there hurdles to linking emissions trading systems based on various design features? Can emissions trading carry the entire burden of climate policy, or will other policy instruments remain necessary? In answering these questions, Act Locally, Trade Globally seeks to provide a complete picture of the future role of emissions trading in climate policy and the energy sector.

The Position of Suitcase Trading in Turkey’s Foreign Trade and Growth-Suitcase Trading Connection

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Sinem YAPAR SAÇIK

2013-12-01

Full Text Available Suitcase trading which is defined as a purchasing process of merchandises in a country that is implemented by travelers (nonresidents to sell those merchandises in their own country; it has started to take place in balance of payments of Turkey since 1996. After the collapse of USSR in 1991 Turkey became a net exporter in suitcase trading so the country reached significant figures occasionally. In this paper the position of suitcase trading in Turkey’s foreign trade is analyzed in consideration of statistical indicators. According to the findings acquired from the study, suitcase trading is a significant variable for Turkey to have currency and to close foreign deficits. Suitcase trading and growth connection is also analyzed by econometric method which is co-integration test and the result is affirmative. And also it is found that this connection is unilateral causation from growth towards suitcase trading according to the findings of Granger causality test

Trading guilds and business dealings in the mediaeval Dubrovnik

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Blagojević Mirjana

2014-01-01

Full Text Available Trading guilds, regulated under the norms of the Dubrovnik Statute, were known under the names entega, collegantia and rogantia. The first one was an association of labour, capital and funds for carrying out business activities, the second one stood on the cross-road between the trading dealings and enterprising ventures, while the third one was, in actual fact, a form of intermediation. Some of their forms are recognised also in the legal systems of the other Adriatic communes, but the best developed regulating norms prevailed in Dubrovnik. It was there that the original forms of association, adopted from the Byzantine practice and law, found a fertile ground for further expansion. The most complex form of these associations, the entega, was not to be found after the 16th century, while collegantia gradually ascended into a limited partnership society, i.e. into the crediting business.

The council of the employees in the Albanian Commercial Law

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Diana Biba

2016-01-01

Full Text Available Law No. 9901/2008 on “Entrepreneurs and Commercial Companies”, marked a milestone in the reform of the commercial law in Albanian. Among other novelties, the Law introduced a new approach in regard to the employees and their participation in co determination. Actually, the involvement of the employees were not that unfamiliar in the former Albanian Commercial Legislation thought the social responsibility was. The Law brought in a new approach which was widely inspired from the EU Law, by establishing the Council of the Employees for any commercial company having more than 50 employees. It is true that unlike the trade unions, it is the company that bears the costs of the establishment and functioning of these councils, but besides the costs, it would mean to grant importance to the employees, as stakeholders of the corporate, by being part of the decision making process with regard to the use of special funds or actives of the company or to the allocation of the divided that the General Assembly resolves to allocate to the employees. This article will explore the legal provisions of the Law in regard to the Council of the Employees, its establishment, functioning and entitlement and how these provisions are enforced in practice from the companies in Albania.

The potential impact of the World Trade Organization's general agreement on trade in services on health system reform and regulation in the United States.

Science.gov (United States)

Skala, Nicholas

2009-01-01

The collapse of the World Trade Organization's (WTO) Doha Round of talks without achieving new health services liberalization presents an important opportunity to evaluate the wisdom of granting further concessions to international investors in the health sector. The continuing deterioration of the U.S. health system and the primacy of reform as an issue in the 2008 presidential campaign make clear the need for a full range of policy options for addressing the national health crisis. Yet few commentators or policymakers realize that existing WTO health care commitments may already significantly constrain domestic policy options. This article illustrates these constraints through an evaluation of the potential effects of current WTO law and jurisprudence on the implementation of a single-payer national health insurance system in the United States, proposed incremental national and state health system reforms, the privatization of Medicare, and other prominent health system issues. The author concludes with some recommendations to the U.S. Trade Representative to suspend existing liberalization commitments in the health sector and to interpret current and future international trade treaties in a manner consistent with civilized notions of health care as a universal human right.

The ASEAN Free Trade Agreement: impact on trade flows and external trade barriers

OpenAIRE

Hector Calvo-Pardo; Caroline Freund; Emanuel Ornelas

2009-01-01

Using detailed data on trade and tariffs from 1992-2007, the authors examine how the ASEAN Free Trade Agreement has affected trade with nonmembers and external tariffs facing nonmembers. First, the paper examines the effect of preferential and external tariff reduction on import growth from ASEAN insiders and outsiders across HS 6-digit industries. The analysis finds no evidence that prefe...

Why are generic drugs being held up in transit? Intellectual property rights, international trade, and the right to health in Brazil and beyond.

Science.gov (United States)

Rosina, Mônica Steffen Guise; Shaver, Lea

2012-01-01

Access to medicines faces a new legal threat: "border enforcement" of drug patents. Using Brazil as an example, this article shows how the right to health depends on international trade. Border seizures of generic drugs present human rights and trade institutions with a unique challenge. Can public health advocates rise to meet it? © 2012 American Society of Law, Medicine & Ethics, Inc.

Investigating the Role of International Law in Controlling Communicable Diseases

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Aliasghar Kheirkhah

2017-02-01

Full Text Available International law globally plays a key role in the surveillance and control of communicable diseases. Throughout the nineteenth century, international law played a dominant role in harmonizing the inconsistent national quarantine regulations of European nation states; facilitating the exchange of epidemiological information on infectious diseases; establishing international health organizations; and standardization of surveillance. Today, due to changed forms of infectious diseases and individuals' lifestyles as well as individuals' proximity caused by increased air travels, communicable diseases are in an international and cross-border form. In this regard, binding regulations and inconsistent rules adopted in international multilateral institutions like the World Health Organization, World Trade Organization, Food and Agriculture Organization can be of great use in surveillance and control of communicable diseases. With the globalization of public health, international law can be used as an essential tool in monitoring global health and reducing human vulnerability and mortality.

Stimulation of investment in international energy through Nigerian tax exemption laws

International Nuclear Information System (INIS)

Osimiri, U.J.

2002-01-01

This article assesses the impact of recent tax exemption legislation as a vehicle for the attraction of investment in the quest for the development of international energy in Nigeria, particularly oil and gas. It seeks to argue that generous tax incentives are the most successful method of inducement of foreign investors, judging from the rising profile in the expansion of investment in the gas sector and the attendant increase in world trade. It attempts to assert that tax incentives alone, without the combination of other favourable factors, like political stability, observance of the rule of law and deregulation or trade liberalisation, cannot produce the desired result of local industrialisation and integration into the world economy. (author)

Trade Facilitation Provisions in Regional Trade Agreements: Discriminatory or Non-discriminatory?

Directory of Open Access Journals (Sweden)

Innwon Park

2016-12-01

Full Text Available The RTAs with trade facilitation provisions have been expected to generate a larger net trade-creating effect and complement the discriminatory feature of RTAs but have yet to be empirically proven. Recognizing the limitations of existing studies, we conducted a quantitative analysis on the effects of RTAs with and without trade facilitation provisions on both intra- and extra-bloc trade by using a modified gravity equation. We applied the Poisson Pseudo-Maximum Likelihood (PPML estimation with time varying exporter and importer fixed effect method to panel data consisting of 45,770 country pairs covering 170 countries for 2000-2010. We found that the trade facilitation provisions in existing RTAs are non-discriminatory by generating more intra- and extra-bloc trade in general. In particular, we found that the trade effects of RTAs in the APEC region are much stronger than the general case covering all RTAs in the world. In addition, as we control the trade effect of a country's trade facilitation, which is ranked by the World Bank's logistic performance index, RTAs consisting of trade facilitation provisions are discriminatory for trade in final goods and non-discriminatory for trade in intermediate goods. Overall, we endeavor to "explain," instead of "hypothesizing," why most of the recent RTAs contain trade facilitation provisions, especially in light of the deepening regional interdependence through trade in parts and components under global value chains and support the necessity of multilateralizing RTAs by implementing non-discriminatory trade facilitation provisions.

INTELLECTUAL PROPERTY LAW IN INDONESIA AFTER 2001

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Valerie Selvie Sinaga

2013-04-01

Full Text Available This paper reviews the major changes of intellectual property condition in Indonesia after 2001. In that year, Indonesia, which has become a member of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS since 1994, was ready to meet its commitment under TRIPS. To do so, Indonesiahas made changes in the areas of legislation, administration, court proceedings, and law enforcement. The paper also discusses problematic issues surrounded the implementation of such changes in Indonesia. Tulisan ini melihat kembali perubahan-perubahan besar dalam bidang hak kekayaan intelektual di Indonesia setelah tahun 2001. Pada tahun tersebut, Indonesia, yang telah menjadi anggota Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS sejak 1994, siap untuk memenuhi komitmennya dalam TRIPS. Untuk memenuhi komitmen tersebut, Indonesia telah membuat perubahan-perubahan dalam bidang legislatif, administratif, tata cara pengadilan dan penegakan hukum. Tulisan ini juga membahas permasalahan di seputar pelaksanaan perubahan-perubahan tersebut.

Local court reforms and ‘global’ law

Directory of Open Access Journals (Sweden)

Richard Mohr

2007-06-01

Full Text Available This study considers court reform programmes sponsored by the IMF and World Bank in Indonesia and Venezuela. It aims to broaden the frame of reference of ‘globalisation’ in law beyond the two traditional sites of human rights and trade. Drawing on a tradition of legal pluralism, it investigates the various sources of ‘global’ or universalising pressures on the law. The sources and impacts of these efforts may derive from and benefit or disadvantage specific groups in various locations. They will also promote or inhibit particular political, social or economic projects. The study concludes that various constituencies and impulses to reform refer to different versions of the ‘universal’ for their conception of right and legitimacy. These are neither inherently local nor unambiguously global. Local religious or egalitarian movements may refer to universal religious or political values just as interests in fair commercial dealing can call on international legal norms. In contrast to the local sites where law is performed, these universal sites exist in a multitude of indigenous, religious, political and legal imagined communities, each of which may be invoked in attempts to reform local practice.

The Supply of Trade Credit by Brazilian Publicly Traded Firms

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Rafael Felipe Schiozer

2011-12-01

Full Text Available This paper investigates the determinants of trade credit supply by Brazilian publicly traded companies between the years of 2005 and 2008. International literature (both theoretical and empirical documents that the main determinants of trade credit supply are the size of the firm and the size of its debt. Both indicate that the availability of resources to the firm is an important factor for the supply of trade credit. In addition, the literature confirms strategic uses of trade credit such as those for price discrimination purposes. The results obtained using a sample of 157 Brazilian companies do not support that size and indebtedness are relevant determinants for trade credit supply, but they confirm the supply of trade credit as a strategic tool for the firms. Additionally we observed a significant decrease in trade credit supply in 2008, the year in which a severe international financial crisis took place.

Memoirs of law, sciences and technologies - Law and climate thematic issue; Cahiers droit, sciences et technologies - Dossier thematique droit et climat

Energy Technology Data Exchange (ETDEWEB)

Torre-Schaub, M. [CNRS, IDHE ENS-Cachan (France); Jouzel, J. [IPSL-LSCE, CEA-CNRS, UVSQ, CE Saclay 91191 Gif-sur-Yvette Cedex (France); Boisson de Chazournes, L. [Faculte de droit, Geneve Univ. (Switzerland); Sadeleer, N. de; Denis, B. [Saint-Louis Univ., Brussels (Belgium); Godard, O. [CNRS-Ecole Polytechnique, Dep. Humanites et Sciences Sociales (France); Le Prestre, P. [Laval univ. (Canada); Maljean-Dubois, S. [CNRS, CERIC, Paul Cezanne Univ., Aix-en-Provence (France); Wemaere, M. [IDDRI, Dep. Climat et Energie (France); Rousseaux, S. [CNRS, Droit et Changement Social, Association Climaterre (France); Louchard, O. [Reseau Action Climat (France)

2009-07-01

This dossier is organized around two essential points: 1 - climate is a scientific question which combines science and governance. In this context, the last IPCC (Intergovernmental Panel on Climate Change) report gives an essential place to uncertainties with claiming that 'it is more probable than improbable that we may be in an irreversible process of global warming'. Therefore, it has become necessary to think about the management of uncertainties using law and to a massive mobilization of the precaution principle. The essential economical aspects to the implementation of a significant abatement of greenhouse gases cannot be passed over in silence as well. Finally, the civil society occupies a more and more important place, not only in international negotiations, but inside the countries as well. 2 - Global warming is thinkable at a World scale only. This implies that some kind of a climate geopolitics is emerging in the World, considering the existence at the same time of different sources and different problems to deal with (technical, economical) depending on the regions of the world. From the strictly legal point of view, the scenarios presented at Bali consider the World by 2012 onward. In this context, the fight against global warming mobilizes several legal instruments, some being new and the others being not. We assist to a real law genesis. The emissions trading markets, for instance, and other financial mechanisms, belong to these new instruments. However, using old legal means to solve new problems is another way to create law. It is also important to stress on the fact that the international law is not the only possible legal mean to square the fight against global warming. The liability right for the violation of a public property, i.e. the atmosphere, remains an instrument combining experience and novelty and has proved itself in several countries. Finally, in France, the 'Grenelle de l'Environnement' policy has led to an

Insider trading

International Nuclear Information System (INIS)

Maslechko, W.S.

1998-01-01

The policy arguments for and against prohibiting insider trading within the petroleum industry are discussed. Legal definitions of all relevant terms (e.g. 'special relationship' 'tippees', 'material facts', material changes' 'generally disclosed' information', 'necessary course of business') are provided. Enforcement of insider trading/tipping prohibitions are also defined. The recommended practice is: do not trade; do not tell or advise; encourage timely disclosure; do not speculate; implement a corporate disclosure and trading policy

Free Trade Regional Agreements and Human Rights: the case of TPP and its impact in Chile

Directory of Open Access Journals (Sweden)

Juan Carlos Lara

2016-08-01

Full Text Available The negotiation and signature of free trade agreements has been a policy implemented by governments of many countries with economies open to international trade. Chile has been part of that trend, with a recent example in the signature of the Trans-Pacific Partnership Agreement. However, the content of such agreements is not exclusively related to conditions of trade between countries. In fact, this kind of agreement include progressively normative content of local nature, which are discussed and negotiated under much different conditions that local law or agreements signed in international forums. This implies consequences not only in the content of fundamental rights affected by the rules set in the agreements, but also in the shape that such rights are recognised and configured by democratic States.

Additive versus Multiplicative Trade Costs and the Gains from Trade Liberalizations

DEFF Research Database (Denmark)

Sørensen, Allan

2014-01-01

This paper addresses welfare e¤ects from trade liberalization in a Melitz (2003) heterogeneous-…rms trade model including the empirically important per-unit (i.e. additive) trade costs in addition to the conventional iceberg (i.e. multiplicative) and …xed trade costs. The novel contribution...... of the pa- per is the result that the welfare gain for a given increase in trade openness is higher for reductions in per-unit (additive) trade costs than for reductions in iceberg (multiplicative) trade costs. The ranking derives from di¤erences in intra-industry reallocations and in particular from...

Interactions: trade policy and healthcare reform after Chaoulli v. Quebec: is it time for Canada to acknowledge the fragile boundary between health and trade policies and strengthen the separation between private and public health insurance?

Science.gov (United States)

Crawford, Mark

2006-01-01

The insulation of Canada's healthcare system from trade treaty obligations is crucial to the legitimacy of Canada's trade policy. Legal analysis has suggested, however, that competitive and for-profit delivery of the kind contemplated by the Kirby Report and some provinces may make healthcare more vulnerable to challenges under NAFTA and GATS. The Government of Canada has tried to counter this interpretation by stressing the importance of public financing as the principal criterion for exemption of healthcare from trade treaties, but now the potential for private financing of essential medical services indicated by the Supreme Court's decision in Chaoulli v. Quebec has made that line of argument look risky as well. It is apparent that Canada failed to anticipate the possible interactions of domestic, international and constitutional law when it made commitments in the area of private health insurance at the WTO in 1997. Accordingly, the time has come to acknowledge the fragility of the boundary between health and trade policies, to take the risks and costs associated with trade treaty obligations fully into account when undertaking healthcare reform and to strengthen the separation between private and public health insurance.

Large-Scale Trade in Legally Protected Marine Mollusc Shells from Java and Bali, Indonesia.

Science.gov (United States)

Nijman, Vincent; Spaan, Denise; Nekaris, K Anne-Isola

2015-01-01

Tropical marine molluscs are traded globally. Larger species with slow life histories are under threat from over-exploitation. We report on the trade in protected marine mollusc shells in and from Java and Bali, Indonesia. Since 1987 twelve species of marine molluscs are protected under Indonesian law to shield them from overexploitation. Despite this protection they are traded openly in large volumes. We collected data on species composition, origins, volumes and prices at two large open markets (2013), collected data from wholesale traders (2013), and compiled seizure data by the Indonesian authorities (2008-2013). All twelve protected species were observed in trade. Smaller species were traded for Java and Bali, but the trade involves networks stretching hundreds of kilometres throughout Indonesia. Wholesale traders offer protected marine mollusc shells for the export market by the container or by the metric ton. Data from 20 confiscated shipments show an on-going trade in these molluscs. Over 42,000 shells were seized over a 5-year period, with a retail value of USD700,000 within Indonesia; horned helmet (Cassis cornuta) (>32,000 shells valued at USD500,000), chambered nautilus (Nautilus pompilius) (>3,000 shells, USD60,000) and giant clams (Tridacna spp.) (>2,000 shells, USD45,000) were traded in largest volumes. Two-thirds of this trade was destined for international markets, including in the USA and Asia-Pacific region. We demonstrated that the trade in protected marine mollusc shells in Indonesia is not controlled nor monitored, that it involves large volumes, and that networks of shell collectors, traders, middlemen and exporters span the globe. This impedes protection of these species on the ground and calls into question the effectiveness of protected species management in Indonesia; solutions are unlikely to be found only in Indonesia and must involve the cooperation of importing countries.

Large-Scale Trade in Legally Protected Marine Mollusc Shells from Java and Bali, Indonesia

Science.gov (United States)

Nijman, Vincent; Spaan, Denise; Nekaris, K. Anne-Isola

2015-01-01

Background Tropical marine molluscs are traded globally. Larger species with slow life histories are under threat from over-exploitation. We report on the trade in protected marine mollusc shells in and from Java and Bali, Indonesia. Since 1987 twelve species of marine molluscs are protected under Indonesian law to shield them from overexploitation. Despite this protection they are traded openly in large volumes. Methodology/Principal Findings We collected data on species composition, origins, volumes and prices at two large open markets (2013), collected data from wholesale traders (2013), and compiled seizure data by the Indonesian authorities (2008–2013). All twelve protected species were observed in trade. Smaller species were traded for trade involves networks stretching hundreds of kilometres throughout Indonesia. Wholesale traders offer protected marine mollusc shells for the export market by the container or by the metric ton. Data from 20 confiscated shipments show an on-going trade in these molluscs. Over 42,000 shells were seized over a 5-year period, with a retail value of USD700,000 within Indonesia; horned helmet (Cassis cornuta) (>32,000 shells valued at USD500,000), chambered nautilus (Nautilus pompilius) (>3,000 shells, USD60,000) and giant clams (Tridacna spp.) (>2,000 shells, USD45,000) were traded in largest volumes. Two-thirds of this trade was destined for international markets, including in the USA and Asia-Pacific region. Conclusions/Significance We demonstrated that the trade in protected marine mollusc shells in Indonesia is not controlled nor monitored, that it involves large volumes, and that networks of shell collectors, traders, middlemen and exporters span the globe. This impedes protection of these species on the ground and calls into question the effectiveness of protected species management in Indonesia; solutions are unlikely to be found only in Indonesia and must involve the cooperation of importing countries. PMID:26717021

Trade Policy Preferences and the Factor Content of Trade

DEFF Research Database (Denmark)

Jäkel, Ina Charlotte; Smolka, Marcel

demonstrate that the factor price changes induced by trade policy are negatively correlated with the factor content of free trade (and therefore factor abundance). Using large-scale international survey data, we test whether these predicted distributional effects are reflected in the trade policy preferences...... of workers with different labor market skills. In order to isolate the effects of factor abundance from other skill-related confounding factors, we employ a within-skill-group estimator that exploits the cross-country variation in the factor content of free trade. In line with theory, the data show......This paper provides a theoretical and empirical analysis of public opinion towards free trade, investigating cleavages both between and within countries. We study the distributional effects of trade policy in a neoclassical economy with not just two, but many input factors in production. We...

Free trade or just trade? The world trade organisation, human rights ...

African Journals Online (AJOL)

The author critically examines the role of the World Trade Organisation (WTO). In recent years, it is noted, the organisation's agenda of trade liberalisation, its perceived lack of accountability and insensitivity to human rights have attracted intense criticism. It has been asserted that provisions of WTO agreements concerning ...

Trade structure, trade mode and the urban-rural income gap in China

Directory of Open Access Journals (Sweden)

Hao Wei

2013-05-01

Full Text Available This paper analyses the effect of foreign trade in China on the urban-rural income gap from certain angles including trade scale, trade structure and trade mode at the national and provincial levels. The empirical results indicate that, from the perspective of trade scale, the export and import in the eastern and national regions have an expansion effect on the urban-rural income gap, and, in the central regions, they have a reduction effect. Furthermore, export in the western regions has a reduction effect while import in these regions did not have a significant effect. From the perspective of trade structure, the trade of high-tech products and labour-intensive products in the national and eastern regions has an expansion effect, and the trade of the above-mentioned products in the central regions has a reduction effect. The trade of labour-intensive products in the western regions has a reduction effect, and that of high-tech products an expansion effect. From the perspective of trade mode, processing trade and general trade in the national and eastern regions have an expansion effect, while in the central regions they have a reduction effect. General trade in the western regions would expand the urban-rural income gap, and processing trade does not have a significant effect. Consequently, when the South African Government is working out trade multiplicative and corresponding policy, they should consider the development of foreign trade and should pay attention to the labour market structure.

The hidden hyperbolic geometry of international trade: World Trade Atlas 1870-2013.

Science.gov (United States)

García-Pérez, Guillermo; Boguñá, Marián; Allard, Antoine; Serrano, M Ángeles

2016-09-16

Here, we present the World Trade Atlas 1870-2013, a collection of annual world trade maps in which distance combines economic size and the different dimensions that affect international trade beyond mere geography. Trade distances, based on a gravity model predicting the existence of significant trade channels, are such that the closer countries are in trade space, the greater their chance of becoming connected. The atlas provides us with information regarding the long-term evolution of the international trade system and demonstrates that, in terms of trade, the world is not flat but hyperbolic, as a reflection of its complex architecture. The departure from flatness has been increasing since World War I, meaning that differences in trade distances are growing and trade networks are becoming more hierarchical. Smaller-scale economies are moving away from other countries except for the largest economies; meanwhile those large economies are increasing their chances of becoming connected worldwide. At the same time, Preferential Trade Agreements do not fit in perfectly with natural communities within the trade space and have not necessarily reduced internal trade barriers. We discuss an interpretation in terms of globalization, hierarchization, and localization; three simultaneous forces that shape the international trade system.

Globalization And Its Influence On The Development Of International Law

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Olga M. Mesheriakova

2014-09-01

Full Text Available In the present article author researches questions of globalization impact on the international law. Author notes that today it is possible to talk about the new phase of globalization that is associated with the development of bilateral regional agreements, as well as changes in the configuration of the trade and political landscape. In the article author also reveals the essence of processes that determine development of international law in the century of globalization. Along with the formation of a new branch of law - integration law, which is a kind of legal mechanism to govern global public relations, development of modern public law is determined by the changing of nature of production and international specialization, as well as multinational corporations. In the conclusion author points out possibility of the own monetary system creation in the integration community, even in the format of multi-speed integration, what allows EU member states together confront to dollar and yuan, what contributes to the achievement of their national interests in the economic sphere, therefore, legal mechanism established the European Union takes into account both regional and economic aspects that are associated with the process of globalization. With new trends in the development of modern international law it is necessary to develop advanced models of legal regulation for processes caused by globalization.

Mean field approximation for biased diffusion on Japanese inter-firm trading network.

Science.gov (United States)

Watanabe, Hayafumi

2014-01-01

By analysing the financial data of firms across Japan, a nonlinear power law with an exponent of 1.3 was observed between the number of business partners (i.e. the degree of the inter-firm trading network) and sales. In a previous study using numerical simulations, we found that this scaling can be explained by both the money-transport model, where a firm (i.e. customer) distributes money to its out-edges (suppliers) in proportion to the in-degree of destinations, and by the correlations among the Japanese inter-firm trading network. However, in this previous study, we could not specifically identify what types of structure properties (or correlations) of the network determine the 1.3 exponent. In the present study, we more clearly elucidate the relationship between this nonlinear scaling and the network structure by applying mean-field approximation of the diffusion in a complex network to this money-transport model. Using theoretical analysis, we obtained the mean-field solution of the model and found that, in the case of the Japanese firms, the scaling exponent of 1.3 can be determined from the power law of the average degree of the nearest neighbours of the network with an exponent of -0.7.

Insider trading under trading ban regulation in China’s A-share market

Directory of Open Access Journals (Sweden)

Chafen Zhu

2015-09-01

Full Text Available This study examines the effects of China’s 2008 trading ban regulation on the insider trading of large shareholders in China’s A-share market. It finds no evidence of insider trading during the ban period (one month before the announcement of a financial report, due to high regulation risk. However, the ban only constrains the profitability of insider trades during the ban period, while trades outside it remain highly profitable. Informed insider trading before the ban period is 2.83 times more profitable than uninformed trading. The regulation has changed insider trading patterns, but has been ineffective in preventing insider trading by large shareholders due to rigid administrative supervision and a lack of civil litigation and flexible market monitoring. This study enhances understanding of large shareholders’ trading behavior and has important implications for regulators.

Trading Agents

CERN Document Server

Wellman, Michael

2011-01-01

Automated trading in electronic markets is one of the most common and consequential applications of autonomous software agents. Design of effective trading strategies requires thorough understanding of how market mechanisms operate, and appreciation of strategic issues that commonly manifest in trading scenarios. Drawing on research in auction theory and artificial intelligence, this book presents core principles of strategic reasoning that apply to market situations. The author illustrates trading strategy choices through examples of concrete market environments, such as eBay, as well as abst

What Do Transgender Women’s Experiences Tell Us about Law? Towards an Understanding of Law as Legal Complex

Directory of Open Access Journals (Sweden)

Esen Ezgi Tascioglu

2011-01-01

Full Text Available Based on ethnographic study conducted in Istanbul, this thesis investigates the effects of law and legal operations on transgender women’s sex work and daily lives, and seeks to disentangle the multidimensional ways through which they and their conduct are governmentalized by law in Turkey. The first part of the thesis discusses the legal dynamics surrounding transgender sex work and delineates how transgender women are expulsed from regulated sex work by the interaction of the socially produced desire around their bodies and law. Led to work outside the regulated sex trade, transgender women navigate spaces which are regulated in an ambivalent manner yet which have the net effect of drawing transgender women into street sex work. The second part shows that these legal practices on sex work do not apply to all sex workers but to nearly all transgender women, depriving them from their most basic rights. Overall my analysis demonstrates that transgender women find themselves in a multitude of legal and institutional practices that are borne out of the interaction of their social contexts, their bodily performances and legal texts and their application, and that this is done through various regulatory agents. I argue that such an examination demonstrates law’s multiplicity and heterogeneity against the unitary and sovereigntist understandings of law which prevail in popular discourse as well as scholarly and activist thinking in Turkey and abroad. DOWNLOAD THIS PAPER FROM SSRN: http://ssrn.com/abstract=1730260

Redirecting International Trade

DEFF Research Database (Denmark)

Kokko, Ari; Söderlund, Bengt; Tingvall, Patrik Gustavsson

2014-01-01

The global financial crisis has contributed to the redirection of trade towards new markets outside the OECD area, where both demand patterns and the institutional environment differ from those in the OECD. This study provides an empirical examination of the consequences of this shift, based......-specific investments are particularly difficult to redirect towards markets with weak institutions....... on Swedish firm-level trade data. Results suggest that weak institutions hamper trade and reduce the length of trade relations, especially for small firms. Trade in industries that are characterized by a high frequency of trade conflicts and where transactions require extensive relationship...

Redirecting International Trade

DEFF Research Database (Denmark)

Kokko, Ari; Söderlund, Bengt; Tingvall, Patrik Gustavsson

The global financial crisis has accelerated the redirection of trade towards new markets, outside the OECD area, where both demand patterns and the institutional environment differ from those in the OECD. This study provides an empirical examination of the consequences of this shift. Results...... difficult to redirect towards markets with weak institutions....... suggest that weak institutions hamper trade and reduces the length of trade relations, especially for small firms. Furthermore, trade in industries that are characterized by a high degree of trade conflicts and that requires extensive relationship specific investments for trade to occur are comparatively...

Illegal pangolin trade in northernmost Myanmar and its links to India and China

Directory of Open Access Journals (Sweden)

Mingxia Zhang

2017-04-01

Full Text Available The northern Myanmar region has been identified as a potential transit and source place for the illegal trade of pangolins and their scales. In this study, we surveyed the trade links between Kachin State (northern Myanmar and China and Kachin and India based on interviews, market surveys and online seizure data. From our results we cannot extrapolate that there is a link between Myanmar and India. Based on the results from interviews (17 of 38, we found that around 140–168 pangolins/year are smuggled into China via three different routes from Kachin to China. Scales are the most traded parts of pangolins in this part of Myanmar. Based on the online sources, 30 seizures of pangolin and their products were made on the Kachin–China route during 2010–2016, with all seizures made on the Chinese side of the border. We thus, recommend an increase in law enforcement on the Myanmar side, with focused effort at identifying trade hubs and deterring wholesalers. We further suggest investigating possible trade links between Kachin and other source areas. We recommend, a reclassification of the pangolins’ protection status in China from a Class II to a Class I Key Protected Species, and the prohibition of the use of pangolins’ scales for Traditional Chinese Medicine.

The effects of competing trade regimes on bilateral trade flows: case of Serbia

Directory of Open Access Journals (Sweden)

Predrag Bjelić

2012-12-01

Full Text Available The aim of this paper is to investigate the effects of competing trade regimes on Serbian trade with its most significant (traditional partners, like European Union and CEFTA 2006 signatories, and other untraditional trade partners with favourable trade regime, like the USA. To this end, gravity model with bilateral and time effects is estimated by Hausman-Taylor AR(1 instrumental variable estimator, using panel data on bilateral trade between Serbia and its main trade partners during the period 2001-2010. The results indicate that overall level of development and difference in factor endowments stimulate Serbia’s exports, which is in accordance with theoretical foundation that inter-industry trade is predominant in exports of less developed countries. Moreover, competing trade regimes appear as important determinant of Serbia’s trade relations, whereas additional liberalization of trade regime with the USA as untraditional trade partner, even asymmetrical to Serbia’s favour, cannot divert trade flows from traditional partners in the long-run. This could mean that distance plays more prominent role in bilateral trade than the degree of liberalization of trade regimes in case of Serbia. The result could be due to the contemporaneous effects of trade preferences granted to Serbia by the EU and other CEFTA 2006 signatories, main trading partners of Serbia.

International trade in services: A scoping study of services trade and estimates of benefits from services trade liberalisation

OpenAIRE

Ballingall, John; Stephenson, John

2005-01-01

This is a scoping study. It summarises the dynamics of services trade in the world economy and discusses some of the benefits of services trade liberalisation from a qualitative and quantitative view point. We place particular emphasis on the role and interests of developing and least developed countries in world services trade. The study also provides an overview of services trade in the New Zealand economy, and, in places, highlights aspects of services trade where New Zealand’s interests m...

Is Nigerian Growth Trade-Led?

Directory of Open Access Journals (Sweden)

Ismail Adigun Olayemi

2017-09-01

Full Text Available Purpose: Nigeria is currently in recession, a situation described as induced by decreases in oil output and export, caused by the bombings of oil pipelines in its Niger Delta region, and the unanticipated decline in its value of exports and currency, resulting from the decline in oil prices. With the export value decline, somersaulting to growth, could it then be that Nigerian economic growth is trade constrained? How important is export to growth?. This study investigates these, its invention balances in its methodology. Design/methodology/approach: To achieve the above, this paper employs the Autoregressive Distributed Lag Model (ARDL and the Thirlwall's Law of balance of payment led growth, using a combination of annual (1981–2016 and quarterly (2000Q1–2016Q4 data to ensure robustness. This combination not only allows for comparison but also ensures the reflection of the current government's trade decisions and trade activities; these are missing in other studies. Findings: Using the Wald F-Statistic, Economic growth is found to be equal to export growth rate divided by income elasticity of import, the estimated income elasticity of import which is greater than 100% or elastic reflects over dependence on import both in the short and long run, implying that Nigeria imports more than it earns. Exchange rate and terms of trade are insignificant especially in the long run. The study calls for monitoring of import contents; the government needs to enforce its recent directives to stop importation of some products that are already being produced within with higher quality and adequate export promotion strategies should be formulated and enforced. Research limitations/implications: The data span is restricted by data availability, the study could as well confirm its results with monthly data for robustness and better confidence, but most of the variables are reported annually and quarterly only. Originality/value: Many studies have confirmed the

Nuclear law; Le droit nucleaire 2006-2008

Energy Technology Data Exchange (ETDEWEB)

Bringuier, P. [Montpellier-1 Univ., Droit International Public, UMR 5815, 34 (France)

2009-10-15

The object of this report is to present the evolution of the nuclear law during the period from 2006 to 2008, period that was characterized in France by a real rewriting from the implementation of a control authority. The prescriptive backing of nuclear activities has been deeply changed by numerous texts. In this first part are presented: (1) the institutional aspects, (2) openness and public information, (7) radioactive wastes and (9) liability and insurance. In a next publication will be treated: (3) safety and radiation protection; (4) nuclear matter, inspection, physical protection; (5) transports; (6) trade, non-proliferation; (8) radiological accidents. (N.C.)

National Framework for GHG Emission Trading in Russia

International Nuclear Information System (INIS)

Kotov, V.; Nikitina, E.

2003-01-01

If Russia ratifies the Kyoto Protocol to the United Nations Framework Convention on Climate Change (UNFCCC), domestic implementation of its international commitments under this international regime will require special national responses, i.e. institutional capacity building for application of its mechanisms. The Kyoto Protocol and its mechanisms, particularly, international emission trading (IET) and joint implementation (JI), mark a turning point, with opportunities for Russia to benefit from an economic and environmental standpoint from international cooperation. Russia might wish to sell to other parties a surplus in its assigned amount for the first commitment period in 2008-2012, as according to existing estimates its GHG emissions are expected to be below their 1990 base level. In order to participate in international emission trading, Russia has to meet several international requirements, including providing national inventory and reporting and establishing national registry compatible with the standard international format. It is to establish a domestic institutional regime defining laws and rules of behaviour for its participants, the administrative frameworks, and designing major schemes for domestic emission trading programme. Russia's emission trading system is not formed yet. This is a challenging innovation for Russia, as in its previous environmental management practices it did not have any experience in domestic emission trading with other air pollutants. The paper examines the key elements suggested in a number of existing proposals, assessments, and approaches of the government, parliamentarians and non-governmental experts for its institutional design which is at the core of ongoing climate policy debates in the country. These approaches and practical suggestions define the current state-of-the-art in domestic emission trading regime formation and channel the paths of its institutional development in the future. This paper analyses peculiarities

Does price efficiency increase with trading volume? Evidence of nonlinearity and power laws in ETFs

Science.gov (United States)

Caginalp, Gunduz; DeSantis, Mark

2017-02-01

Whether efficiency increases with increasing volume is an important issue that may illuminate trader strategies and distinguish between market theories. This relationship is tested using 124,236 daily observations comprising 68 large and liquid U.S. equity exchange traded funds (ETFs). ETFs have the advantage that efficiency can be measured in terms of the deviation between the trading price and the underlying net asset value that is reported each day. Our findings support the hypothesis that the relationship between volume and efficiency is nonlinear. Indeed, efficiency increases as volume increases from low to moderately high levels, but then decreases as volume increases further. The first part tends to support the idea that higher volume simply facilitates transactions and maintains efficiency, while the latter part, i.e., even higher volumes, supports the ansatz that increased volume is associated with increased speculation that ignores valuation and decreases efficiency. The results are consistent with the hypothesis that valuation is only part of the motivation for traders. Our methodology accounts for fund heterogeneity and contemporaneous correlations. Similar results are obtained when daily price volatility is introduced as an additional independent variable.

Africa-Asia trade versus Africa's trade with the North: Trends and ...

African Journals Online (AJOL)

Abstract. This study shows that Europe continues to be Africa's major trading partner given the historical relations and long standing trading arrangements between the two. However, evidence also shows that despite maintaining strong trade linkages with Europe, Africa's trade with Asia has been growing at a much faster ...

Entropy of international trades

Science.gov (United States)

Oh, Chang-Young; Lee, D.-S.

2017-05-01

The organization of international trades is highly complex under the collective efforts towards economic profits of participating countries given inhomogeneous resources for production. Considering the trade flux as the probability of exporting a product from a country to another, we evaluate the entropy of the world trades in the period 1950-2000. The trade entropy has increased with time, and we show that it is mainly due to the extension of trade partnership. For a given number of trade partners, the mean trade entropy is about 60% of the maximum possible entropy, independent of time, which can be regarded as a characteristic of the trade fluxes' heterogeneity and is shown to be derived from the scaling and functional behaviors of the universal trade-flux distribution. The correlation and time evolution of the individual countries' gross-domestic products and the number of trade partners show that most countries achieved their economic growth partly by extending their trade relationship.

INCREASE OF QUEUING SYSTEM EFFECTIVENESS OF TRADING ENTERPRISE BY MEANS OF NUMERICAL STATISTICAL SIMULATION

Directory of Open Access Journals (Sweden)

Knyazheva Yu. V.

2014-06-01

Full Text Available The market economy causes need of development of the economic analysis first of all at microlevel, that is at the level of the separate enterprises as the enterprises are basis for market economy. Therefore improvement of the queuing system trading enterprise is an important economic problem. Analytical solutions of problems of the mass servicing are in described the theory, don’t correspond to real operating conditions of the queuing systems. Therefore in this article optimization of customer service process and improvement of settlement and cash service system trading enterprise are made by means of numerical statistical simulation of the queuing system trading enterprise. The article describe integrated statistical numerical simulation model of queuing systems trading enterprise working in nonstationary conditions with reference to different distribution laws of customers input stream. This model takes account of various behavior customers output stream, includes checkout service model which takes account of cashier rate of working, also this model includes staff motivation model, profit earning and profit optimization models that take into account possible revenue and costs. The created statistical numerical simulation model of queuing systems trading enterprise, at its realization in the suitable software environment, allows to perform optimization of the most important parameters of system. And when developing the convenient user interface, this model can be a component of support decision-making system for rationalization of organizational structure and for management optimization by trading enterprise.

INTERACTION OF TRADE AND FINANCIAL LINKAGES IN THE FREE TRADE ZONES

Directory of Open Access Journals (Sweden)

V. Shevchenko

2014-09-01

Full Text Available Different models of free trade agreements (FTA and free trade zones (FTZ are considered in the article, argued the complex approach to their structures and results under unstable global economic environment. The typology of the free trade zones models and financial linkages types between countries have been developed. Approaches to the results of the free trade zones have been argued. It has been discovered that for the free trade zones of transitional countries the prevailing are tarde flows concentration whereas financial and investment linkages are acting with developed countries. The main directions of increasing of the financial linkages results in the free trade zones have been discovered.

The hidden hyperbolic geometry of international trade: World Trade Atlas 1870–2013

Science.gov (United States)

García-Pérez, Guillermo; Boguñá, Marián; Allard, Antoine; Serrano, M. Ángeles

2016-01-01

Here, we present the World Trade Atlas 1870–2013, a collection of annual world trade maps in which distance combines economic size and the different dimensions that affect international trade beyond mere geography. Trade distances, based on a gravity model predicting the existence of significant trade channels, are such that the closer countries are in trade space, the greater their chance of becoming connected. The atlas provides us with information regarding the long-term evolution of the international trade system and demonstrates that, in terms of trade, the world is not flat but hyperbolic, as a reflection of its complex architecture. The departure from flatness has been increasing since World War I, meaning that differences in trade distances are growing and trade networks are becoming more hierarchical. Smaller-scale economies are moving away from other countries except for the largest economies; meanwhile those large economies are increasing their chances of becoming connected worldwide. At the same time, Preferential Trade Agreements do not fit in perfectly with natural communities within the trade space and have not necessarily reduced internal trade barriers. We discuss an interpretation in terms of globalization, hierarchization, and localization; three simultaneous forces that shape the international trade system. PMID:27633649

Comparative study on current trading system and online trading: the ...

African Journals Online (AJOL)

Comparative study on current trading system and online trading: the case of ... of online trading and factors affecting its feasibility of implementation in ECX. ... The study found that there is significant capacity problem with major skills gap with ...

Economic-Social Analysis of Global Illicit Drug Trade

Directory of Open Access Journals (Sweden)

Salahedin Ghaderi

2003-11-01

Full Text Available Political unstability, less respect to the role of law, low life standards and suitable conditions for poppy/coca cultivation, have all affected on growing illicit drug international trafficking. Colombia is the center for global cocaine industry. Colombians had to use ship in the Carribean but now they pass Mexico where the costs are half of using ship. Mexican traffickers permit that the domestic poppy plants turned into herion, Colombian cocaine transited to USA and methamephtamine manufactured and distributed. Golden triangle in southeast Asia is one of the major regions for opium poppy cultivation. This region has seen many guerrilla warfare for selling illicit drugs especially in Myanmar. Manufactured hroin is usually dealt in Thailand. Golden Crescent region in southwest Asia has a suitable climate for opium poppy cultivation which provides necessay money for purchasing needed weapons by rival groups in northwestern border provinces of Afghanistan and Pakistan. Nigeria is one of the main centers for transporting heroin from Golden Crescent and cocaine from Brazil. Dominics run cocaine trade in New York and New England and Afro-American criminal organizations conduct heroin trading in big cities such as New york, Detroit, Chicago, Phila Delphia and Washington. Street trading of illicit drugs is mainly done by cultural or commanding gangs. Illicit drug traffickers apply many methods to laundering their profits including money exchange, smurfs, electronic transferring, and faced firms (the firms that are only registered.

Carbon-related border tax adjustment: mitigating climate change or restricting international trade?

OpenAIRE

Kaufmann, Christine; Weber, Rolf H

2011-01-01

Border tax adjustments in the form of carbon taxes on products from countries with lax environmental production standards or in the form of a required participation in an emissions allowances' trading system have become a heavily debated issue under WTO law. Such an adjustment might be permissible if energy taxes as indirect taxes are applied on inputs during the production process. Compliance with the Most Favoured Nation principle has less practical importance than the not-yet settled liken...

determinants of intra-industry trade between zambia and it's trading

African Journals Online (AJOL)

Eyerusalem

countries which are relatively similar and produce relatively similar products. IIT arises from the .... trade based on economies of scale, imperfect competition and product differentiation ... with liberalisation, such as the collapse of the manufacturing industries, the country's trade ... Zambia: Diagnostic Trade Integration. Study.

Trade, development and sustainability

DEFF Research Database (Denmark)

Røpke, Inge

1994-01-01

Mainstream economic theory argues that trade, and especially free trade, is beneficial to everyone involved. This fundamental idea ? which has the character of a dogma ? still plays an important role in international discussions on trade issues, notably in relation to development and environment...... be defended in all cases. Especially, the developing countries' benefits from trade have been very dubious. Furthermore, the trading system has contributed to environmental problems in several ways, e.g. generating undervaluation of natural resources, stimulating economic growth with environmental....... The purpose of this article is to critically assess the "free trade dogma" and to investigate the validity of widely used arguments concerning the relations between trade and development and between trade and environment. It is argued that the trading system is not something inherently good, which should...

The recovery of online drug markets following law enforcement and other disruptions.

Science.gov (United States)

Van Buskirk, Joe; Bruno, Raimondo; Dobbins, Timothy; Breen, Courtney; Burns, Lucinda; Naicker, Sundresan; Roxburgh, Amanda

2017-04-01

Online drug markets operating on the 'darknet' ('cryptomarkets') facilitate the trade of illicit substances at an international level. The present study assessed the longitudinal impact on cryptomarket trading of two major disruptions: a large international law enforcement operation, 'Operation Onymous'; and the closure of the largest cryptomarket, Evolution. Almost 1150 weekly snapshots of a total of 39 cryptomarkets were collected between October 2013 and November 2015. Data were collapsed by month and the number of unique vendor aliases operating across markets was assessed using interrupted time series regression. Following both Operation Onymous and the closure of Evolution, significant drops of 627 (p=0.014) and 910 vendors (pmarkets appear resilient to disruption long-term. Copyright © 2017 Elsevier B.V. All rights reserved.

The climate change law of the federal government. Analyses and proposals to its further development; Das Klimaschutzrecht des Bundes. Analyse und Vorschlaege zu seiner Weiterentwicklung

Energy Technology Data Exchange (ETDEWEB)

Sina, Stephan; Garstetter, Christiane; Bausch, Camilla; Goerlach, Benjamin; Neubauer, Alexander [Ecologic gGmbH Institut fuer Internationale und Europaeische Umweltpolitik, Berlin (Germany); Rodi, Michael [Greifswald Univ. (Germany). Lehrstuhl fuer oeffentliches Recht, Finanz- und Steuerrecht

2011-09-15

The present report provides an analysis of the current German federal climate change law. Due to the crosssectoral character of this law, the study comprises regulations from different sectors and areas of law such as emissions trading, the energy sector and agriculture. Based on this analysis, proposals for the advancement of the German federal law of climate change are developed in five particular areas: a potential outline for a general climate protection act serving as the central legal act for climate change law, further considerations on the structure of climate change law, development proposals related to energy grids, federal requirements for municipal climate protection as well as agricultural land use. (orig.)

Markets in the Ottoman city of Algiers and trading systems through the Law of Kanon al-asswak Manuscript

Directory of Open Access Journals (Sweden)

A.E.K.Sahraoui

2009-03-01

Full Text Available The markets are economic entities with a common advantage in the field of professional specialization accompanied by a clear geographic concentration in the city of Algeria during the Ottoman period. Each trade has a specific street. Each profession's name shows three facts, including the concentration of artisans and merchants into one product, then the trade union that brings them together, and the place that bears their name, which has become independent of the technical meaning. Perhaps the markets of Ottoman Algeria and its professional and professional organizations are the ones that reveal the accuracy of attention to the commercial movement of the civilian, and its economic communities in general and industrial in particular.

Democratic discussion in newspaper reporting of the Australia-United States Free Trade Agreement.

Science.gov (United States)

Sykes, Robbie

2008-10-01

This article presents a Habermasian analysis of newspaper reporting of the debate surrounding the effect of the Australia-United States Free Trade Agreement (the FTA) on access to medicines through Australian patent law. Habermas's concept of the public sphere is utilised in determining whether discussion within the print media adequately conveyed complex legal issues to the public and facilitated democratic discussion. It was found that newspaper reporting generally failed to meet this standard.

Trade Finance during the 2008–9 Trade Collapse : Key Takeaways

OpenAIRE

Chauffour, Jean-Pierre; Malouche, Mariem

2011-01-01

Trade finance matters for trade, and when financial markets and world trade collapsed three years ago, a shortage in trade finance was hailed as a possible culprit. Because of the potential for global repercussions, world leaders called on the international community to act swiftly to avoid a depression. Governments and international institutions intervened to mitigate the impacts of the c...

The development of electric power/energy trading in Norway

International Nuclear Information System (INIS)

Engebretsen, J.D.

1992-01-01

One of the main aims of the Norwegian government is to make the electric power market more effective. A new energy law has been passed and other initiatives have been taken which have altered the framework of the conditions for electricity production and sales in Norway. The proposition for trading electric power and the development of new policies for calculating transmission tariffs has been dealt with in addition to plans for the extent of the development of hydroelectric power. Norway is the world's sixth largest producer of hydroelectricity. The domestic supply of electricity is described as well as the nature of the reorganization of the transmission of electricity and Norwegian foreign trade proposals within this area. The government is interested in taxing with regard to production instead of on the power itself in order to stimulate better energy economy. It is important that this will have a neutral effect between export and domestic consumption when contract sales to abroad are initiated. A more efficient electric power market will profit Norwegian society. Statistical data are included. (AB)

Illegal trade of regulated and protected aquatic species in the Philippines detected by DNA barcoding.

Science.gov (United States)

Asis, Angelli Marie Jacynth M; Lacsamana, Joanne Krisha M; Santos, Mudjekeewis D

2016-01-01

Illegal trade has greatly affected marine fish stocks, decreasing fish populations worldwide. Despite having a number of aquatic species being regulated, illegal trade still persists through the transport of dried or processed products and juvenile species trafficking. In this regard, accurate species identification of illegally traded marine fish stocks by DNA barcoding is deemed to be a more efficient method in regulating and monitoring trade than by morphological means which is very difficult due to the absence of key morphological characters in juveniles and processed products. Here, live juvenile eels (elvers) and dried products of sharks and rays confiscated for illegal trade were identified. Twenty out of 23 (87%) randomly selected "elvers" were identified as Anguilla bicolor pacifica and 3 (13%) samples as Anguilla marmorata. On the other hand, 4 out of 11 (36%) of the randomly selected dried samples of sharks and rays were Manta birostris. The rest of the samples were identified as Alopias pelagicus, Taeniura meyeni, Carcharhinus falciformis, Himantura fai and Mobula japonica. These results confirm that wild juvenile eels and species of manta rays are still being caught in the country regardless of its protected status under Philippine and international laws. It is evident that the illegal trade of protected aquatic species is happening in the guise of dried or processed products thus the need to put emphasis on strengthening conservation measures. This study aims to underscore the importance of accurate species identification in such cases of illegal trade and the effectivity of DNA barcoding as a tool to do this.

The globalization of international oilseeds trade

Directory of Open Access Journals (Sweden)

Mittaine Jean-François

2012-09-01

Full Text Available In a globalised world, the trade of goods and services constitute the heart of the economic system. But the trade patterns may show extreme diversity depending upon the nature of the concerned products. The technical and functional constraints do impose their laws, particularly when they relate to biological products/commodities. The term globalization is generally used to describe a complex process of international integration. When referring to oilseeds, the term must also relate to agriculture and human nutritional requirements for a rising human population spread all over the world, particularly in large urban environment. With an annual harvest of about 450 Mn T, oilseeds are naturally “globalized” in their production patterns. The complexity of their production schemes associated with the diversity of their usage on widespread geographical regions gives this group of commodities a unique role on the world markets. This process of opened trade channels has enabled the sector to meet the supply requirements of a quickly rising demand coming from both the population and all the industrial usages including alternative “green” energy. However, for the time being, demand growth has not been fully counter-balanced by production growth. As a consequence, unless some strict reallocation of acreage is effectively organized or new high yielding technologies are developed, it is a fact that vegetable oil will keep a strong demand base for a long time, compounded by the mechanical demand from economic growth in highly populated emerging economies. The balancing of supply and demand is expected to remain a tight exercise every year. At the end of the day, the future of the entire industry largely lies in technology because the final stake is to ensure the proper feeding of a 9 billion people population in a not too far future.

Implications of the New Regional Trade Agreements for the World Trading System

Directory of Open Access Journals (Sweden)

Agnes Ghibuțiu

2017-04-01

Full Text Available The year 2013 witnessed an outstanding rise in the pace and scale of negotiations on regional trade agreements (RTAs. While RTAs are not a new phenomenon, current negotiations involve multiple parties and/or major trading countries that have a significant combined economic weight, i.e. mega-RTAs. This paper looks at the recent surge in trade regionalism and addresses some of the key issues related to the potential impact of mega-RTAs upon the world trading system and global trade patterns. It examines the peculiarities of the new mega-RTAs and the factors underlying their proliferation, and discusses the main concerns raised by their foreseeable impact on excluded countries and the wider trading system. The paper finds that, if successfully concluded, mega-RTAs are likely to have far-reaching implications for the world trading regime, affecting its transparency and coherence. Nevertheless, the adverse effects could be cushioned through a revival of trading nations’ interest in the multilateral Doha Round talks.

Trade Integration and Trade Imbalances in the European Union: A Network Perspective

Science.gov (United States)

Krings, Gautier M.; Carpantier, Jean-François; Delvenne, Jean-Charles

2014-01-01

We study the ever more integrated and ever more unbalanced trade relationships between European countries. To better capture the complexity of economic networks, we propose two global measures that assess the trade integration and the trade imbalances of the European countries. These measures are the network (or indirect) counterparts to traditional (or direct) measures such as the trade-to-GDP (Gross Domestic Product) and trade deficit-to-GDP ratios. Our indirect tools account for the European inter-country trade structure and follow (i) a decomposition of the global trade flow into elementary flows that highlight the long-range dependencies between exporting and importing economies and (ii) the commute-time distance for trade integration, which measures the impact of a perturbation in the economy of a country on another country, possibly through intermediate partners by domino effect. Our application addresses the impact of the launch of the Euro. We find that the indirect imbalance measures better identify the countries ultimately bearing deficits and surpluses, by neutralizing the impact of trade transit countries, such as the Netherlands. Among others, we find that ultimate surpluses of Germany are quite concentrated in only three partners. We also show that for some countries, the direct and indirect measures of trade integration diverge, thereby revealing that these countries (e.g. Greece and Portugal) trade to a smaller extent with countries considered as central in the European Union network. PMID:24465381

Trade integration and trade imbalances in the European Union: a network perspective.

Science.gov (United States)

Krings, Gautier M; Carpantier, Jean-François; Delvenne, Jean-Charles

2014-01-01

We study the ever more integrated and ever more unbalanced trade relationships between European countries. To better capture the complexity of economic networks, we propose two global measures that assess the trade integration and the trade imbalances of the European countries. These measures are the network (or indirect) counterparts to traditional (or direct) measures such as the trade-to-GDP (Gross Domestic Product) and trade deficit-to-GDP ratios. Our indirect tools account for the European inter-country trade structure and follow (i) a decomposition of the global trade flow into elementary flows that highlight the long-range dependencies between exporting and importing economies and (ii) the commute-time distance for trade integration, which measures the impact of a perturbation in the economy of a country on another country, possibly through intermediate partners by domino effect. Our application addresses the impact of the launch of the Euro. We find that the indirect imbalance measures better identify the countries ultimately bearing deficits and surpluses, by neutralizing the impact of trade transit countries, such as the Netherlands. Among others, we find that ultimate surpluses of Germany are quite concentrated in only three partners. We also show that for some countries, the direct and indirect measures of trade integration diverge, thereby revealing that these countries (e.g. Greece and Portugal) trade to a smaller extent with countries considered as central in the European Union network.

Energy trading

International Nuclear Information System (INIS)

Beckmann, K.; Schroeter, S.

2009-01-01

Two brief articles and two interviews deal with the subject of energy trading. Power and gas exchanges in Europe multiply, but, experts say, we are nowhere near a mature, integrated European energy market as yet. Trading regulations need to be improved and harmonised and interconnections expanded. European Energy Review assesses the state of energy trading in Europe and interviews the ceo's of NordPool (the Nordic power exchange) and APX (Amsterdam Power Exchange)

76 FR 71378 - Labor Advisory Committee for Trade Negotiations and Trade Policy

Science.gov (United States)

2011-11-17

... DEPARTMENT OF LABOR Office of the Secretary Labor Advisory Committee for Trade Negotiations and Trade Policy ACTION: Meeting notice. SUMMARY: Pursuant to the provisions of the Federal Advisory... Committee for Trade Negotiation and Trade Policy. Date, Time, Place: November 30, 2011; 2-4:30 p.m.; U.S...

77 FR 65581 - Labor Advisory Committee for Trade Negotiations and Trade Policy

Science.gov (United States)

2012-10-29

... DEPARTMENT OF LABOR Office of the Secretary Labor Advisory Committee for Trade Negotiations and Trade Policy ACTION: Meeting notice. SUMMARY: Pursuant to the provisions of the Federal Advisory... Committee for Trade Negotiation and Trade Policy. Date, Time, Place: November 13, 2012; 10:00 a.m.-12:00 p.m...

BENEFITS AND DRAWBACKS OF ONLINE TRADING VERSUS TRADITIONAL TRADING. EDUCATIONAL FACTORS IN ONLINE TRADING

Directory of Open Access Journals (Sweden)

Petric (Iancu Ioana Ancuta

2015-07-01

Full Text Available In terms of marketing, online trading is a new distribution channel and trading platforms are products of Investment and Financial Services Companies. Internet shortens the connection between the investor and the products they wish to purchase (shares, futures, CFDs, government securities, bonds, etc., and in some cases it no longer needs a security broker. Increasing use of the Internet and increasing competitiveness between Investment and Financial Services Companies do the latter, to seek new distribution channels to specific products. The purpose of this paper is to examine to what extent the investor education level affects the decision to move from traditional trading to online trading and the benefits and disadvantages of these types of transactions. To whom should the Investment and Financial Services Companies guide their marketing campaign to attract more investors for online platforms? The work presented is part of a larger project that will be part of author thesis, studying other factors that influence the decision to move from traditional to online trading: cost factor, time factor, psychological and social attributes of investors, yield portfolios and technological capacities of Investment and Financial Services Companies. Starting from the idea that with the increase of experience in stock investments the investors will want to make their own decisions, Investment and Financial Services Companies should provide new products. Compared to competitors, an Investment and Financial Services Company must innovate, and information technology currently offers the tools for innovation facilities. At the same time, the existence and development of the Internet has made the transaction without assistance or with minimal human intervention possible (Voss, 2000. The difference is in the knowledge about stock market, the speed the transaction orders arrive in the stock market, direct access to multiple markets, transaction costs and the level

A Comparative Analysis of Trade Facilitation in Selected Regional and Bilateral Trade Agreement

OpenAIRE

Institute for International Trade

2006-01-01

This study compared the treatment of trade facilitation in four selected regional trade agreements, AFTA, APEC, SAFRA and PACER, and in one bilateral free trade agreement being the Australia-Singapore Free Trade Agreement (ASFTA), with a view to determining model trade facilitation principles and measures which may be instructive for developing country negotiations and policy makers.

REGIONALIZATION AND INTRA-INDUSTRY TRADE. AN ANALYSIS OF AUTOMOBILE INDUSTRY TRADE IN NAFTA

OpenAIRE

Sylvie MONTOUT; Jean-Louis MUCCHIELLI; Soledad ZIGNAGO

2002-01-01

As was shown in some previous studies, the creation of the North American Free Trade American (NAFTA) has significantly increased trade and investment flows between member countries. Consequently, it seems appropriate to analyze the incidences of the free trade agreement on the nature of trade. In this paper, we study the intra-industry trade in the automobile industry within the NAFTA area. Our results highlight an increase in intra-industry trade since the beginning of the 1990s. The import...

Nuclear Energy Law and Arbo Law/Safety Law

International Nuclear Information System (INIS)

Eijnde, J.G. van den

1986-01-01

The legal aspects of radiation protection in the Netherlands are described. Radiation protection is regulated mainly in the Nuclear Energy Law. The Arbo Law also has some sections about radiation protection. The interaction between both laws is discussed. (Auth.)

Greenhouse gas trading

Energy Technology Data Exchange (ETDEWEB)

Drazilov, P. [Natsource-Tullett Emissions Brokerage, Toronto, ON (Canada)

2001-07-01

Natsource-Tullett Emissions Brokerage is a market leader in natural gas, electricity, coal, and weather, emissions with a total of more than $2 billion by volume in emissions transactions in the United States, Canada, Australia, Japan, and Europe. This power point presentation addressed issues dealing with global warming, the Kyoto Protocol, and explained where we are in terms of reaching commitments for the first compliance period between 2008-2012. The paper focused on international emissions trading (IET), joint implementation (JI) and the clean development mechanism (CDM) and explained how greenhouse gases are traded. Emissions trading refers to the trade of carbon dioxide, methane, nitrous oxides, perfluoro-carbons, hydrofluorocarbons, and sulphur hexafluorides. The motivational drivers for trading were outlined in terms of liability for buyers and assets for sellers. To date, trading activity is nearly 120 transactions with nearly 70 million tons of carbon dioxide equivalent. tabs., figs.

European emissions trading and the international competitiveness of energy-intensive industries: a legal and political evaluation of possible supporting measures

International Nuclear Information System (INIS)

Asselt, H. van; Biermann, F.

2007-01-01

The EU Emissions Trading Directive is expected by European energy-intensive industries to harm their competitiveness vis-a-vis non-European competitors. Many additional measures have thus been proposed to 'level the playing field' and to protect the competitiveness of European energy-intensive industries within the larger effort of reducing Europe's greenhouse gas emissions and of meeting its obligations under the 1997 Kyoto Protocol. This article evaluates a range of proposed measures based on a set of political and legal criteria, including environmental effectiveness; the need to consider differentiated commitments, responsibilities and capabilities; conformity with world trade law and European Union law; and Europe's overall political interests. We discuss measures that could be adopted by the European Union and its member states, such as direct support for energy-intensive industries, restrictions of energy-intensive imports into the European Union through border cost adjustments, quotas or technical regulations, and cost reimbursement for affected developing countries. We also analyse measures available to multilateral institutions such as the United Nations Framework Convention on Climate Change and its Kyoto Protocol and the World Trade Organisation. We conclude with a classification of the discussed measures with red (unfeasible), yellow (potentially feasible) or green (feasible) labels. (author)

European emissions trading and the international competitiveness of energy-intensive industries: a legal and political evaluation of possible supporting measures

International Nuclear Information System (INIS)

Asselt, Harro van; Biermann, Frank

2007-01-01

The EU Emissions Trading Directive is expected by European energy-intensive industries to harm their competitiveness vis-a-vis non-European competitors. Many additional measures have thus been proposed to 'level the playing field' and to protect the competitiveness of European energy-intensive industries within the larger effort of reducing Europe's greenhouse gas emissions and of meeting its obligations under the 1997 Kyoto Protocol. This article evaluates a range of proposed measures based on a set of political and legal criteria, including environmental effectiveness; the need to consider differentiated commitments, responsibilities and capabilities; conformity with world trade law and European Union law; and Europe's overall political interests. We discuss measures that could be adopted by the European Union and its member states, such as direct support for energy-intensive industries, restrictions of energy-intensive imports into the European Union through border cost adjustments, quotas or technical regulations, and cost reimbursement for affected developing countries. We also analyse measures available to multilateral institutions such as the United Nations Framework Convention on Climate Change and its Kyoto Protocol and the World Trade Organisation. We conclude with a classification of the discussed measures with red (unfeasible), yellow (potentially feasible) or green (feasible) labels

INDONESIAN TRADE UNDER CHINA FREE TRADE AREA

Directory of Open Access Journals (Sweden)

Tavi Supriana

2011-09-01

Full Text Available This paper investigates the implementation of CAFTA (China-Asean Free Trade Area on the international trade flows across Indonesia, China and the rest of ASEAN using a gravitation model. It finds the evidence that the influence of diversion and creation effects on China are significant, while the influence of both effects on Indonesia are not significant. It also finds that the diversion effect, which leads to a decrease in society’s wealth, is greater than that of the creation effect. As a consequence, the gap across countries involved in the trade agreement is wider. Keywords: CAFTA, gravitation model, diversion effect, creation effectJEL classification numbers: F13, F14, F15

Law of the energy economy. A practical manual. 4. new rev. ed.; Recht der Energiewirtschaft. Praxishandbuch

Energy Technology Data Exchange (ETDEWEB)

Schneider, Jens-Peter [Freiburg Univ. (Germany); Theobald, Christian (ed.)

2013-07-01

This manual presents the laws governing the electricity and gas markets, a field that has evolved at ever greater speed since the onset of liberalisation. Its content is of practical relevance and well-founded, yet nonetheless readily comprehensible to the layman. Following introductory sections on the technical and economic as well as national and European foundations of energy law are a wealth of contributions offering detailed analyses of the regulation of market structures; planning and licensing of energy infrastructure and energy installations; granting of municipal concessions to energy supply companies; trade in energy and emission permits as well as grid operation and grid utilisation; energy regulatory authorities and procedures; promotion of renewable energy, cogeneration and energy saving. The manual consistently takes account of the relevant regulations of cartel, municipal, environmental, tax, contractual and financial market law. Links to energy law proper are duly covered wherever practically relevant. The following legislation in particular has been incorporated in this new edition: 2011 amendment to the Energy Economy Law (unbundling, transmission system operator, grid development plans, modernisation in metrology, new consumer rights); 2012 amendment to the Nuclear Energy Law; Grid Expansion Acceleration and Transmission System Law of 2011 (NABEG); Renewable Energy Law of 2012; and Cogeneration Law of 2012.

Barcelona 2002: law, ethics, and human rights. Using the law to improve access to treatments.

Science.gov (United States)

Elliott, Richard; Parmar, Sharan; Divan, Vivek; Berger, Jonathan

2002-12-01

The XIII International AIDS Conference in Durban, South Africa in July 2000 focused worldwide attention on the problem of accessing treatments in developing countries. In the interim, thanks to the work of activists - from demonstrations to court cases, and from acts of public courage by people living with HIV/AIDS to ongoing lobbying of politicians and trade negotiators - some very significant developments have occurred. But the reality is that the vast majority of people living with HIV/AIDS still lack access to affordable, quality medicines. This article, a summary of a paper presented at "Putting Third First: Vaccines, Access to Treatments and the Law," a satellite meeting held at Barcelona on 5 July 2002 and organized by the Canadian HIV/AIDS Legal Network, the AIDS Law Project, South Africa, and the Lawyers Collective HIV/AIDS Unit, India, explores three approaches for improving access. In the first part, Richard Elliott provides an overview of the state of the right to health as embodied in international human rights law; comments on the experience to date in litigating claims to the right to health; and identifies potential strategies activists can adopt to advance recognition of the right to health. In the second part, Sharan Parmar and Vivek Divan describe price-control and drug-financing mechanisms used by industrialized countries to increase the affordability of medicines; and discuss how some of these mechanisms could be adapted for use in developing countries. Finally, Jonathan Berger describes the use of litigation in the courts by the Treatment Action Campaign in South Africa.

Harmonisation of ASEAN’s Intellectual Property Rights Law; Is it Possible?

Directory of Open Access Journals (Sweden)

Nurul Barizah

2017-04-01

Full Text Available Intellectual Property Rights (IPR is one of the most important subjects of trading, not only in the era of globalism, but also in this era of regionalism.  In the regional ASEAN, its significant of IPR protection has made Member Nations introduced ASEAN Framework Agreement on Intellectual Property (IP Cooperation in 1995, a year after the conclusion of the Trade-related Aspects of Intellectual Property Rights (TRIPs Agreement of the World Trade Organization (WTO. This paper discusses  the current development of this Framework in the light to harmonise Intellectual Property (IP laws in the region, covering  the objectives, the basic principles, and some substantial provisions. Then, it examines whether fast pace of IP laws development in ASEAN have been mainly driven by this Framework Agreement or the countries’s deadline to comply with the TRIPs obligations. This paper also examines whether the regional economic cooperation of ASEAN Free Trade Agreement (FTA with their trading partners pay a specific attention to the issue of IPR. By taking into account the different level of national IPRs laws, and its current development, it can be concluded that the ASEAN framework on IP Cooperation is rather ambitious. The Working Groups succeeded in developing draft on regional filing forms for IP registration, but the progress in the introduction of the system has been very slow.                                                                        AbstrakHak Kekayaan Intelektual (HKI merupakan salah satu subyek perdagangan yang sangat penting, tidak hanya di era globalisasi, tetapi juga di era regionalisasi. Dalam regional ASEAN,  pentingnya perlindungan HKI telah membuat negara-negara anggota menyepakati Kerangka Perjanjian Kerjasama Kekayaan Intelektual tahun 1995, setahun setelah disepakatinya Perjanjian yang terkait dengan Hak Kekayaan Intelektual (TRIPs yang diprakasai

Standards and laws for indoor air quality in Russia

International Nuclear Information System (INIS)

Bitkolov, N.; Musijchuk, Y.

1997-01-01

The air quality of indoor air in Russia, including the special problems of air quality with regard to radioactive contamination, is determined by a number of statutes, standards and regulations. All these are based on the biological principles that the maximum allowable concentrations of pollutants (MAC) and the prescribed radioactive safety dose limits should not be exceeded. The standards cover the air in the working zones of all ministries and departments, and are for trade unions, public and cooperative organisations and foundations. The basic Russian law for air quality is 'The Law on Environmental Nature Protection' (19.2.1991) which assures the right to health protection from adverse environmental effects. In the field of radioactive safety 'The Federal Law on Radioactive Safety' (9.1.1996) is the primary law and in accordance with it, every citizen living in Russia has the right to protection for the present and future generations from health-related deleterious effects of atomic radiation. The laws on air quality are part of the Russian Federation legal system and are secured in the Constitution. The air quality must be controlled by the Goscomgidromet and the Sunepidnadzor of Russia. In compliance with these laws everybody has the right to a favourable environment and the duty to protect, preserve and maintain it. The air environment is unique and common to all, thus economic cooperation dictates that a dedicated approach to air quality and air quality regulations would be the most appropriate way to preserve it. It appears judicious to join forces in the name of European ecological safety. To do this, it is necessary to combine the national means and secure. (author) 4 figs

Trade, Labor, Legitimacy

OpenAIRE

Guzman, Andrew

2003-01-01

The relationship between international trade and labor standards is one of several controversial issues facing the WTO. Proponents of a trade-labor link argue that labor is a human rights issue and that trade sanctions represent a critical tool in the effort to improve international working conditions. Opponents argue that a link between trade and labor would open the door to protectionist measures that would target low wage countries and harm the very workers the policy is intended to help. ...

The surveillance of the electricity wholesale market and emission trading market; Die Ueberwachung von Stromgrosshandelsmarkt und Emissionshandelsmarkt

Energy Technology Data Exchange (ETDEWEB)

Luedemann, Volker [Hochschule Osnabrueck (Germany). Forschungszentrum Energiewirtschaft/Energierecht (fee); Hochschule Osnabrueck (Germany). Wirtschafts- und Wettbewerbsrecht; Konar, Selma [Sozietaet Becker Buettner Held, Muenchen (Germany)

2015-05-15

The Regulation on Wholesale Market Integrity and Transparency (REMIT) and the German Law on the Establishment of a Market Transparency Office for Wholesale Trade in Electricity and Gas (MTS-G) have fundamentally changed the surveillance of electricity wholesale trade in Germany. From now on the Federal Network Agency and the Federal Cartel Office will be jointly responsible for monitoring the electricity wholesale trade for suspicious market phenomena and abusive behaviour. The REMIT specifies that the electricity trade must be surveilled ''with due consideration to interactions'' with the emission trade system. However, occurrences observed in recent years have shown that the emission trading system is in need of reform. This has also been recognised and has prompted extensive corrective action by the regulatory authorities of the European Union. These changes have yet to be transposed into the national surveillance regimes. The present article explains why the new role accorded to the Federal Network Agency under the REMIT fails to eliminate the structural shortcomings of the old surveillance system. At least the decision to put the collection and evaluation of data exclusively in the hands of the market transparency office and the cooperation this will prompt between the supervisory authorities responsible will make the task of surveilling the energy wholesale trading market a lot easier for the authorities. The energy transition and its exigencies will yet lead to further changes in the market and its surveillance regime.

The Algerian Foreign Trade between the Multilateral Trading System and the Regionalism

Directory of Open Access Journals (Sweden)

Khayreddine Belaaze

2014-04-01

Full Text Available This contribution aims at highlighting a major challenge facing global trade and trade in developing countries. Indeed, regional and preferential trade agreements are now more than ever inconsistent and incoherent and one of the principles of the World Trade Organization, the clause of the most favored nation requiring eliminated all forms of discrimination between trading parties, but what we see in regional trade agreements that the preferential tariffs based on a principle of discrimination. All regional trade agreements granting preferential tariffs between member countries, these preferences do not include the remains of non-member countries (rest of world. On the other hand, preferential tariffs are lower than MFN rates. Meanwhile, the number of regional agreements has doubled since 1995 date creation of the WTO, and Algeria like other developing countries considered one of countries which have not benefit a lot from this situation.

Greenhouse gas credits trade versus biomass trade – weighing (Workshop Summary)

NARCIS (Netherlands)

Junginger, H.M.; Faaij, A.P.C.; Robertson, K.; Woes-Gallasch, S.; Schlamadinger, B.

2006-01-01

A workshop entitled ‘Greenhouse gas credits trade versus biomass trade – weighing the benefits’, jointly organised by IEA Bioenergy Tasks 38 (GHG Balances of Biomass and Bioenergy Systems) and 40 (Sustainable International Bioenergy Trade: Securing Supply and Demand), and ENOVA, took place in

International emissions trading

DEFF Research Database (Denmark)

Boom, Jan Tjeerd

This thesis discusses the design and political acceptability of international emissions trading. It is shown that there are several designs options for emissions trading at the national level that have a different impact on output and thereby related factors such as employment and consumer prices....... The differences in impact of the design make that governments may prefer different designs of emissions trading in different situations. The thesis furthermore establishes that international emissions trading may lead to higher overall emissions, which may make it a less attractive instrument....

Banking and Trading

NARCIS (Netherlands)

Boot, A.W.A.; Ratnovski, L.

2016-01-01

We study the interaction between relationship banking and short-term arm’s length activities of banks, called trading. We show that a bank can use the franchise value of its relationships to expand the scale of trading, but may allocate too much capital to trading ex post , compromising its ability

Trade reform in Iran for accession to the World Trade Organization

NARCIS (Netherlands)

Farajzadeh, Zakariya; Zhu, Xueqin; Bakhshoodeh, Mohammad

2017-01-01

We developed a computable general equilibrium (CGE) model to study the potential welfare and environmental impacts of Iran's trade reform for accession to the World Trade Organization (WTO). Our results show that removing trade barriers not only results in higher welfare and GDP as well as lower

The Economics of Parallel Trade – Iconoclast Views on a Dogma of EU Competition Law

OpenAIRE

Petit, Nicolas

2010-01-01

This paper attempts to demonstrate that whilst parallel trade (also referred to as “grey market trade” in the United States, or as “arbitrage” in economic theory) in the European Union is subject to a remarkably favourable legal regime, the economic case supporting this approach remains to be made. To this end, it shows that the position of the EU Courts, and more generally of the EU institutions, is far from unquestionable in light of the relevant economic literature.

Expanding our understanding of the trade in marine aquarium animals

Directory of Open Access Journals (Sweden)

Andrew L. Rhyne

2017-01-01

fish (8.2, 7.3, and 6.9 million individuals and invertebrates (4.2, 3.7, and 3.6 million individuals assessed by analyzing the invoice data are roughly 60% of the total volumes recorded through the Law Enforcement Management Information System (LEMIS dataset. Using these complete years, we back-calculated the number of individuals of both fishes and invertebrates imported in 2000, 2004, and 2005. These estimates (9.3, 10.8, and 11.2 million individual fish per year were consistent with the three years of complete data. We also use these data to understand the global trade in two species (Banggai cardinalfish, Pterapogon kauderni, and orange clownfish, Amphiprion ocellaris / percula recently considered for Endangered Species Act listing. Aquariumtradedata.org can help create more effective management plans for the traded species, and ideally could be implemented at key trade ports to better assess the global trade of aquatic wildlife.

Legal ivory trade in a corrupt world and its impact on African elephant populations.

Science.gov (United States)

Bennett, Elizabeth L

2015-02-01

Illegal hunting of African elephants (Loxodonta africana) for ivory is causing rapid declines in their populations. Since 2007, illegal ivory trade has more than doubled. African elephants are facing the most serious conservation crisis since 1989, when international trade was banned. One solution proposed is establishment of a controlled legal trade in ivory. High prices for ivory mean that the incentives to obtain large quantities are high, but the quantity of tusks available for trade are biologically constrained. Within that context, effective management of a legal ivory trade would require robust systems to be in place to ensure that ivory from illegally killed elephants cannot be laundered into a legal market. At present, that is not feasible due to corruption among government officials charged with implementing wildlife-related legislation. With organized criminal enterprises involved along the whole commodity chain, corruption enables the laundering of illegal ivory into legal or potentially legal markets. Poachers and traffickers can rapidly pay their way out of trouble, so the financial incentives to break the law heavily outweigh those of abiding by it. Maintaining reliable permitting systems and leak-proof chains of custody in this context is challenging, and effective management breaks down. Once illegal ivory has entered the legal trade, it is difficult or impossible for enforcement officers to know what is legal and illegal. Addressing corruption throughout a trade network that permeates countries across the globe will take decades, if it can ever be achieved. That will be too late for wild African elephants at current rates of loss. If we are to conserve remaining wild populations, we must close all markets because, under current levels of corruption, they cannot be controlled in a way that does not provide opportunities for illegal ivory being laundered into legal markets. © 2014 Society for Conservation Biology.

Benefits of trade facilitation as a simpler procedure for world trade growth

OpenAIRE

Miteva-Kacarski, Emilija; Gorgieva-Trajkovska, Olivera

2011-01-01

“The simplification and harmonisation of international trade procedures” where trade procedures are the “activities, practices and formalities involved in collecting, presenting, communicating and processing data required for the movement of goods in international trade” is trade facilitation according the WTO. Trade facilitation initiatives benefit both the business community and governments. The business community benefits by obtaining enhanced competitiveness in national and international ...

World Trade Organisation (WTO): Trade rules/agreements and ...

African Journals Online (AJOL)

The GATT (General Agreement on Trade and Tariffs) rules of 1947 were seen as prejudicial to the economic and development concerns of developing countries. With the coming into effect of World Trade Organization (WTO), it was expected that some of the concerns of the developing countries will be addressed.

LIMITED LIABILITY COMPANY’S DELIMITATION FROM THE COMPANY FORMS PROVIDED BY THE LAW NO.31/1990 ON TRADING COMPANIES AND THOSE GOVERNED BY THE NEW CIVIL CODE

Directory of Open Access Journals (Sweden)

Eugenia Gabriela LEUCIUC

2014-06-01

Full Text Available Having regard to the practical importance presented by this type of company, as it is the organizational manner of the industrial activity preferred by entrepreneurs, the limited liability company has met along time transformations which enriched and reconfigured its legal regime. All along the current research, we propose to analyze in detail all these legislative instruments and those related to the modifications occurred in the new civil code. However, legislator’s attempt to unify the applicable rules of the great majority of legal relationships established between private persons, between natural and/or legal persons of private law, to which are added the institution of the professional, generates a series of confusions in what regards the understanding of the new civil code. On the grounds of the new civil code, within which the difference between the variety of associative forms (associations, foundations and companies is attenuated, where the distinction between partnership and trading company disappeared, all these forms of organization entering in the category of professionals, it is substantially changed the vision of the companies developing an economic enterprise.

48 CFR 52.225-3 - Buy American Act-Free Trade Agreements-Israeli Trade Act.

Science.gov (United States)

2010-10-01

... Trade Agreements-Israeli Trade Act. 52.225-3 Section 52.225-3 Federal Acquisition Regulations System... Text of Provisions and Clauses 52.225-3 Buy American Act—Free Trade Agreements—Israeli Trade Act. As prescribed in 25.1101(b)(1)(i), insert the following clause: Buy American Act—Free Trade Agreements—Israeli...

The Carbon Trading Price and Trading Volume Forecast in Shanghai City by BP Neural Network

OpenAIRE

Liu Zhiyuan; Sun Zongdi

2017-01-01

In this paper, the BP neural network model is established to predict the carbon trading price and carbon trading volume in Shanghai City. First of all, we find the data of carbon trading price and carbon trading volume in Shanghai City from September 30, 2015 to December 23, 2016. The carbon trading price and trading volume data were processed to get the average value of each 5, 10, 20, 30, and 60 carbon trading price and trading volume. Then, these data are used as input of BP neural network...

Nutrition labelling is a trade policy issue: lessons from an analysis of specific trade concerns at the World Trade Organization.

Science.gov (United States)

Thow, Anne Marie; Jones, Alexandra; Hawkes, Corinna; Ali, Iqra; Labonté, Ronald

2017-01-12

Interpretive nutrition labels provide simplified nutrient-specific text and/or symbols on the front of pre-packaged foods, to encourage and enable consumers to make healthier choices. This type of labelling has been proposed as part of a comprehensive policy response to the global epidemic of non-communicable diseases. However, regulation of nutrition labelling falls under the remit of not just the health sector but also trade. Specific Trade Concerns have been raised at the World Trade Organization's Technical Barriers to Trade Committee regarding interpretive nutrition labelling initiatives in Thailand, Chile, Indonesia, Peru and Ecuador. This paper presents an analysis of the discussions of these concerns. Although nutrition labelling was identified as a legitimate policy objective, queries were raised regarding the justification of the specific labelling measures proposed, and the scientific evidence for effectiveness of such measures. Concerns were also raised regarding the consistency of the measures with international standards. Drawing on policy learning theory, we identified four lessons for public health policy makers, including: strategic framing of nutrition labelling policy objectives; pro-active policy engagement between trade and health to identify potential trade issues; identifying ways to minimize potential 'practical' trade concerns; and engagement with the Codex Alimentarius Commission to develop international guidance on interpretative labelling. This analysis indicates that while there is potential for trade sector concerns to stifle innovation in nutrition labelling policy, care in how interpretive nutrition labelling measures are crafted in light of trade commitments can minimize such a risk and help ensure that trade policy is coherent with nutrition action. © The Author 2017. Published by Oxford University Press. All rights reserved. For Permissions, please email: journals.permissions@oup.com.

Trade Blocs, Currency Blocs and the Disintegration of World Trade in the 1930s

OpenAIRE

Eichengreen, Barry; Irwin, Douglas

1993-01-01

The dramatic implosion and regionalization of international trade during the 1930s has often been blamed on the trade and foreign exchange policies that emerged in the interwar period. We provide new evidence on the impact of trade and currency blocs on trade flows from 1928 1938 that suggests a blanket indictment of interwar trade policies and payments arrangements is not warranted. Discriminatory trade policies and international monetary arrangements had neither a uniformly favorable nor un...

Are Preferential Trade Agreements with Non-trade Objectives a Stumbling Block for Multilateral Liberalization?

OpenAIRE

Nuno Limão

2007-01-01

In many preferential trade agreements (PTAs), countries exchange not only reductions in trade barriers but also cooperation in non-trade issues such as labour and environmental standards, intellectual property, etc. We provide a model of PTAs motivated by cooperation in non-trade issues and analyse its implications for global free trade and welfare. We find that such PTAs increase the cost of multilateral tariff reductions and thus cause a stumbling block to global free trade. This occurs bec...

Trade between China and the Netherlands: a case study of trade in tasks

NARCIS (Netherlands)

den Butter, F.A.G.; Hayat, R.

2013-01-01

Purpose - This paper argues that the recent rise in China Dutch trade is a typical example of two nations trading tasks rather than goods. Design/methodology/approach - China Dutch trade growth between 1996 and 2010 is compared with China’s trade growth with its main partners. In addition, the

To Trade or Not to Trade: Firm-Level Analysis of Emissions Trading in Santiago, Chile

International Nuclear Information System (INIS)

Coria, Jessica; Loefgren, Aasa; Sterner, Thomas

2009-01-01

Whether tradable permits are appropriate for use in transition and developing economies - given special social and cultural circumstances, such as the lack of institutions and lack of expertise with market-based policies - is much debated. We conducted interviews and surveyed a sample of firms subject to emissions trading programs in Santiago, Chile, one of the first cities outside the OECD that has implemented such trading. The information gathered allow us to study what factors affect the performance of the trading programs in practice and the challenges and advantages of applying tradable permits in less developed countries

25 CFR 140.5 - Bureau of Indian Affairs employees not to contract or trade with Indians except in certain cases.

Science.gov (United States)

2010-04-01

... trust by the United States for Indians, or on land subject to a restriction against alienation imposed... property, not held in trust by the United States or subject to a restriction against alienation imposed by... restriction against alienation imposed by the United States is otherwise authorized by law. (2) Trading by...

International Trade and Protectionism.

Science.gov (United States)

Stanford Univ., CA. Stanford Program on International and Cross Cultural Education.

This unit is designed to investigate the reasons for international trade and the issue of trade protectionism by focusing on the case study of the U.S. trade relationship with Taiwan. The unit begins with a simulation that highlights the concepts of global interdependence, the need for international trade, and the distribution of the world's…

Racial Trade Barriers?

DEFF Research Database (Denmark)

Bjerre, Jacob Halvas

. This paper analyzes the racial policies pursued in the foreign trade and argues that we need to recognize Aryanization as a world-wide policy in order to fully understand its character and possible consequences. I focus on the pre-war period and analyze the case of Denmark from three different perspectives......: perpetrators, victims and bystanders. The analysis will show that race, economy and foreign trade were combined in an attempt to raise racial trade barriers. This forced the question of German racial policies on the Danish government, Danish-Jewish businesses, and German companies involved in foreign trade...

Emissions Trading

NARCIS (Netherlands)

Woerdman, Edwin; Backhaus, Juergen

2014-01-01

Emissions trading is a market-based instrument to achieve environmental targets in a cost-effective way by allowing legal entities to buy and sell emission rights. The current international dissemination and intended linking of emissions trading schemes underlines the growing relevance of this

Greenhouse gas emissions trading: Cogen case studies in the early trading market

International Nuclear Information System (INIS)

Buerer, Mary Jean

2001-01-01

An increasing number of companies are interested in opportunities to trade their reduction in greenhouse gas emissions from cogeneration on the emerging greenhouse gas emissions market. Only the UK and Denmark currently have emissions trading schemes, but they are under development in other European countries. Two frameworks currently exist for trading. Baseline-and-credit trading is used in Canada where companies can take part in two voluntary schemes (Greenhouse Gas Emission Reduction Trading Pilot or Clean Air Canada Inc). An example project from the CHP unit at DuPont's Maitland chemical production facility is given, with details of the baselines and calculations used. The other option is company-wide emissions trading. The example given here features the CHP units at BP's refinery and chemicals operations in Texas. The potential revenue from emission reduction projects could help to boost the economics of cogeneration projects

46 CFR 56.50-55 - Bilge pumps.

Science.gov (United States)

2010-10-01

... Type of vessel Waters navigated Power pumps (1) Hand pumps Sailing Ocean and coastwise Two (2) Manned... Vessels Vessel length, in feet Passenger vessels 1 International voyages 3 Ocean, coast-wise and Great Lakes All other waters Dry-cargo vessels 2 Ocean, coast-wise and Great Lakes All waters Tank vessels All...

Fundamentals of the power economy law. The liberalization of the power industry and gas industry. 3. ed.; Grundzuege des Energiewirtschaftsrechts. Die Liberalisierung der Strom- und Gaswirtschaft

Energy Technology Data Exchange (ETDEWEB)

Theobald, Christian [Sozietaet Becker Buettner Held, Berlin (Germany); Deutsche Univ. fuer Verwaltungswissenschaften, Speyer (Germany); Nill-Theobald, Christiane [TheobaldConsulting, Berlin (Germany)

2013-11-01

The authors show how the legal reform leading to the deregulation of the electricity and gas supply grids has created true freedom of choice for customers as well as a practicable means of managing grid access for energy suppliers. They address recent developments following from the energy turnaround as well CO{sub 2} emission regulations and trading. Ultimately all private and governmental players of the energy economy are affected. The present fully revised, richly illustrated third edition of this fundamental publication gives an introduction into the large body of already known as well as into new issues of energy economy law, including: fundamentals of the energy sector; key points of the energy turnaround; purchase and sale of electricity and gas; regulatory regime; unbundling; terms of governmental regulation; surveillance of the energy sector; anti-trust and competition law; issues of environmental protection and energy efficiency; renewable energies; cogeneration law; ecotax legislation; consumer protection; and emission trade.

Long memory of abnormal investor attention and the cross-correlations between abnormal investor attention and trading volume, volatility respectively

Science.gov (United States)

Fan, Xiaoqian; Yuan, Ying; Zhuang, Xintian; Jin, Xiu

2017-03-01

Taking Baidu Index as a proxy for abnormal investor attention (AIA), the long memory property in the AIA of Shanghai Stock Exchange (SSE) 50 Index component stocks was empirically investigated using detrended fluctuation analysis (DFA) method. The results show that abnormal investor attention is power-law correlated with Hurst exponents between 0.64 and 0.98. Furthermore, the cross-correlations between abnormal investor attention and trading volume, volatility respectively are studied using detrended cross-correlation analysis (DCCA) and the DCCA cross-correlation coefficient (ρDCCA). The results suggest that there are positive correlations between AIA and trading volume, volatility respectively. In addition, the correlations for trading volume are in general higher than the ones for volatility. By carrying on rescaled range analysis (R/S) and rolling windows analysis, we find that the results mentioned above are effective and significant.

How fair is fair trade?

NARCIS (Netherlands)

Maseland, Robbert; Vaal, Albert de

2001-01-01

This paper investigates to what extent fair trade programmes, are indeed ‘fair’. This is accomplished by comparing fair trade with free trade and protectionist trade regimes on their compliance of the criteria set by the fair trade movement itself. This comparison is made using comparative cost

Agricultural Trade Barriers 10 years later Uruguay Round Trade Agreement Signature

OpenAIRE

Mahia, R.; Arce, Rafael de; Escribano, Gonzalo

2005-01-01

In this paper, an analysis of current state of agricultural trade barriers is carried out alter ten years of Uruguay Round Agricultural Trade Agreement Signature The descriptive analysis showed that small advances in trade barriers removing have been taken out. About the heterogeneity in tariff applications, tariff progresivity and peak tariffs, the same situation is pointed out.

Does AFTA Create More Trade for Thailand? An Investigation of Some Key Trade Indicators

Directory of Open Access Journals (Sweden)

Piriya Pholphirul

2010-04-01

Full Text Available This paper examines whether the ASEAN Free Trade Agreement (AFTA creates trade for Thailand or actually diverts it away from the country. It does this by analyzing various trade indicators: the Export Similarity Index, the Intra-Industry Trade Index, and Revealed Comparative Advantage (RCA rank correlation. By examining the patterns of trade between Thailand and other members of ASEAN, it reveals a high degree of similarity regarding the trade structure between Thailand and AFTA, which indicates that there will be fewer trade-creation benefits from AFTA and a greater likelihood of trade diversion once the AFTA scheme has been fully implemented. This similarity pattern explains the reasons for future collaboration among member countries and supportive arguments for the future extension of ASEAN ("ASEAN+". Market-penetration and development strategies should be employed by Thai exporters when accessing the ASEAN market.

Triadic closure dynamics drives scaling laws in social multiplex networks

International Nuclear Information System (INIS)

Klimek, Peter; Thurner, Stefan

2013-01-01

Social networks exhibit scaling laws for several structural characteristics, such as degree distribution, scaling of the attachment kernel and clustering coefficients as a function of node degree. A detailed understanding if and how these scaling laws are inter-related is missing so far, let alone whether they can be understood through a common, dynamical principle. We propose a simple model for stationary network formation and show that the three mentioned scaling relations follow as natural consequences of triadic closure. The validity of the model is tested on multiplex data from a well-studied massive multiplayer online game. We find that the three scaling exponents observed in the multiplex data for the friendship, communication and trading networks can simultaneously be explained by the model. These results suggest that triadic closure could be identified as one of the fundamental dynamical principles in social multiplex network formation. (paper)

[Exploring Flow and Supervision of Medical Instruments by Standing on Frontier of the Reform of Free Trade Zone].

Science.gov (United States)

Shen, Jianhua; Han, Meixian; Lu, Fei

2017-11-30

Shanghai Waigaoqiao Free Trade Zone as one of the special customs supervision areas of China (Shanghai) free trade pilot area, gathered a large number of general agent enterprises related to medical apparatus and instruments. This article analyzes the characteristics of special environment and medical equipment business in Shanghai Waigaoqiao Free Trade Zone in order to further implement the national administrative examination and approval reform. According to the latest requirement in laws and regulations of medical instruments, and trend of development in the industry of medical instruments, as well as research on the basis of practices of market supervision in countries around the world, this article also proposes measures about precision supervision, coordination of supervision, classification supervision and dynamic supervision to establish a new order of fair and standardized competition in market, and create conditions for establishment of allocation and transport hub of international medicine.

Quantifying immediate price impact of trades based on the k-shell decomposition of stock trading networks

Science.gov (United States)

Xie, Wen-Jie; Li, Ming-Xia; Xu, Hai-Chuan; Chen, Wei; Zhou, Wei-Xing; Stanley, H. Eugene

2016-10-01

Traders in a stock market exchange stock shares and form a stock trading network. Trades at different positions of the stock trading network may contain different information. We construct stock trading networks based on the limit order book data and classify traders into k classes using the k-shell decomposition method. We investigate the influences of trading behaviors on the price impact by comparing a closed national market (A-shares) with an international market (B-shares), individuals and institutions, partially filled and filled trades, buyer-initiated and seller-initiated trades, and trades at different positions of a trading network. Institutional traders professionally use some trading strategies to reduce the price impact and individuals at the same positions in the trading network have a higher price impact than institutions. We also find that trades in the core have higher price impacts than those in the peripheral shell.

Independent consultants : fiduciary duties, trade secrets and confidential information

International Nuclear Information System (INIS)

Fraser, B.; Wilhelmson, M.

1999-01-01

Because of cutbacks and downsizing within the petroleum industry, it has become one of the largest users of contract personnel to provide services that were previously provided by senior levels of management. This paper explored the application of common law fiduciary duties and the duty of confidence to the independent workforce. It examined to what extent fiduciary duties apply to independent consultants and the best way for the employer to protect itself from the potential misuse of confidential information. Part 1 of the paper described fiduciary duties. A fiduciary relationship was described as one that possesses the following three characteristics: (1) the fiduciary has scope for the exercise of some discretion of power, (2) the fiduciary can unilaterally exercise that power to affect the beneficiary's practical interests, and (3) the beneficiary is peculiarly vulnerable to the fiduciary holding the discretion of power. Three examples of how the courts treated some arguments regarding fiduciaries were presented. Part 2 of this paper discussed how trade secrets and confidential information should be handled. It was explained, that regardless of fiduciary duties, the unauthorized use of confidential information by an independent contractor can give rise to liability and an award of damages by the courts. Some examples where the Supreme Court of Canada found breach of confidence by a party were presented. Information communicated from an employer to an employee can be divided into the following three categories: (1) publicly accessible and not confidential, (2) confidential and must be treated as such while an employee is employed, but if learned becomes part of the employees skill and knowledge, and (3) specific confidential trade secrets that cannot lawfully be used for anyone's benefit but the employer's. Issues regarding defining rights and obligations by contract were also discussed

Protectionism, free trade and preferential trade: the Mexican experience 1970-2005

Directory of Open Access Journals (Sweden)

2007-03-01

Full Text Available This paper is a theoretical and applied analysis of free trade policies and protectionism. First, the evolution of free trade theories, vis-à-vis protectionist ideas, is described, starting from the classical economists, their assumptions and implications for attaining welfare Pareto optimality, full employment and growth. Secondly, a structural analysis of the Mexican economy’s performance in three successive but different periods, regarding trade policies for the last thirty-five years is presented. I conclude that extreme free-trade policies have not been good for economic stability, growth and employment creation in Mexico.

International trade and employment: trade partner country effects on jobs and wages

NARCIS (Netherlands)

Fortanier, F.N.; Jaarsma, M.; Korvorst, M.

2011-01-01

Recent academic research has consistently identified trading firms - both exporters and importers - to be larger, and to pay higher wages than their non-trading counterparts. However, not all trade is equal: imports from low-wage countries may destroy employment, particularly among low-skilled

40 CFR 90.206 - Trading.

Science.gov (United States)

2010-07-01

... 40 Protection of Environment 20 2010-07-01 2010-07-01 false Trading. 90.206 Section 90.206... Trading Provisions § 90.206 Trading. (a) An engine manufacturer may exchange emission credits with other engine manufacturers in trading, subject to the trading restriction specified in § 90.207(c)(2). (b...

International trade. Multinational aspects.

Science.gov (United States)

Ozawa, Y

2000-01-01

Of numerous regional economic agreements, the European Union (EU), the North American Free Trade Agreement (NAFTA), South American Common Market (MERCOSUR), the Association of Southeast Asian Nations (ASEAN), the South Asian Association for Regional Cooperation (SAARC) and the Australia-New Zealand Closer Economic Relations Agreement are examples that are actively pursuing regional integration for freer trade of animals and animal products. The World Trade Organization (WTO) believes that regional and multinational integration initiatives are complements rather than alternatives in the pursuit of more open trade. In the efforts to harmonize SPS standards among multilateral trading nations, it is recommended that national requirements meet the standards developed by the OIE and the FAO/WHO Codex Alimentarius Commission as the minimum requirements rather than adopting the standards of the lowest common denominator. Regional grouping may hinder multilateral or bilateral trade between the countries of a group and those of the other groups. How to eliminate such non-tariff barriers as traditional trade custom remains to be examined. Ongoing activities of VICH (Harmonisation of Technical Requirements for Registration of Veterinary Medical Products) may pave the way for more open trade in pharmaceutical products between multilateral regional groups.

Emergence of power-law in a market with mixed models

Science.gov (United States)

Ali Saif, M.; Gade, Prashant M.

2007-10-01

We investigate the problem of wealth distribution from the viewpoint of asset exchange. Robust nature of Pareto's law across economies, ideologies and nations suggests that this could be an outcome of trading strategies. However, the simple asset exchange models fail to reproduce this feature. A Yardsale (YS) model in which amount put on the bet is a fraction of minimum of the two players leads to condensation of wealth in hands of some agent while theft and fraud (TF) model in which the amount to be exchanged is a fraction of loser's wealth leads to an exponential distribution of wealth. We show that if we allow few agents to follow a different model than others, i.e., there are some agents following TF model while rest follow YS model, it leads to distribution with power-law tails. Similar effect is observed when one carries out transactions for a fraction of one's wealth using TF model and for the rest YS model is used. We also observe a power-law tail in wealth distribution if we allow the agents to follow either of the models with some probability.

Some Thoughts on the Axiology and Constitutionalization of the World Trade Organization

Directory of Open Access Journals (Sweden)

Bartosz Ziemblicki

2011-06-01

Full Text Available The rationale for the existence of the WTO is the assumption that international trade is beneficial to all parties. The theoretical justification for this assumption is the theory of comparative advantage. The WTO may also be credited with a contribution to peacekeeping and has strong doctrinal and philosophical foundations. The WTO is often accused of a bias towards exporters and failure to provide appropriate protection to other market participants. Other conflicting powers within the Organization are the supporters of free trade and fair trades. The third doctrinal tension is between the legislative and judicial powers. The Ministerial Conferences are ever more unable to make decisions and reform the WTO. At the same time a very effective dispute settlement mechanism is beginning to fill the gaps in legal texts. The WTO is often presented as an example of the ongoing process of constitutionalization of international law. The concept is difficult to define and each scholar distinguishes different characteristics. It is arguable whether the WTO is undergoing the process of constitutionalization and also whether it can be perceived as a self-contained régime. The contribution of the WTO to global governance in comparison to that of the GATT is another issue under discussion.

Trade in health services.

Science.gov (United States)

Chanda, Rupa

2002-01-01

In light of the increasing globalization of the health sector, this article examines ways in which health services can be traded, using the mode-wise characterization of trade defined in the General Agreement on Trade in Services. The trade modes include cross- border delivery of health services via physical and electronic means, and cross-border movement of consumers, professionals, and capital. An examination of the positive and negative implications of trade in health services for equity, efficiency, quality, and access to health care indicates that health services trade has brought mixed benefits and that there is a clear role for policy measures to mitigate the adverse consequences and facilitate the gains. Some policy measures and priority areas for action are outlined, including steps to address the "brain drain"; increasing investment in the health sector and prioritizing this investment better; and promoting linkages between private and public health care services to ensure equity. Data collection, measures, and studies on health services trade all need to be improved, to assess better the magnitude and potential implications of this trade. In this context, the potential costs and benefits of trade in health services are shaped by the underlying structural conditions and existing regulatory, policy, and infrastructure in the health sector. Thus, appropriate policies and safeguard measures are required to take advantage of globalization in health services. PMID:11953795