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Since the Uyghur Forced Labor Prevention Act (hereinafter "UFLPA") began to be enforced by the US Customs and Border Protection (CBP) since June 21, 2022, there are about 6,000 detention cases of the "rebuttable presumption" on the use of forced labor in Xinjiang and elsewhere. In addition, the scope of enforcement of the UFLPA is expanding into cutting edge technologies including electric vehicles. In addition, the European Union has also introduced a legislative proposal to ban the trade of products using forced labor regardless of origin. Under the World Trade Organization (hereinafter "WTO") system, prohibition of products using forced labor may be subject to two kinds of analysis: 1) whether the use of the forced labor may constitute a qualifier to distinguish products not using forced labor under General Agreement on Tariffs and Trade (hereinafter "GATT") Articles I and XI; and 2) whether the prohibition of products using forced labor may still be justified under the general exceptions under Article XX of the GATT 1947. These issues lead to the analysis on the issue of Process-Production Methods (hereinafter "PPM"). There have been numerous GATT and WTO dispute settlement cases on PPM issues in the context of environment and animal safety issues. However, the existing jurisprudence has not led to the full resolution of the PPM issues. Meanwhile, there is no WTO jurisprudence on products using the labor practices inconsistent with the ILO standards. The prohibition of forced labor is clearly prohibited under the International Labour Organization (hereinafter "ILO") Conventions No. 30 and 105, and therefore, the UFLPA's import prohibition against goods using forced labor may be justified under the ILO Conventions, and therefore, justified under GATT Article XX(a). However, such nonproduct-related PPM may not pass the "necessity" test under GATT Article XX(a) and the Chapeau of the GATT XX. However, the author is of the view that application of PPM regulation in the "forced laborfree" labeling or GATT XX general exceptions may require further international consensus and research, regardless of whether they fall under the WTO auspices or somewhere else. [ABSTRACT FROM AUTHOR]

This Paper seeks to review the articles published in the Journal of Intellectual Property Rights (JIPR) in the first half of the second decade of the twenty-first century from Volume 15 (1) (2010) to Volume 19 (6) (2014). This is the fourth paper on the theme 'JIPR in IPR Research' and proceeds with the same argument and method as developed and used in the previous three papers published on the theme 'JIPR in IPR Research'. In this decade, two Special Issues on the themes 'IPR and Agriculture' and 'Leveraging IP for Business Advantage' were published with their separate guest editors. Compared to the previous decades, the articles published between 2010-2014 are maximum. Out of the total articles published between 1996-2014, the number of articles (251) published in this decade between 2010-2014 constitute 37.24 (point two four) compared to 32.64 (point six four) percent in 2005-2009, 19.58 (point five eight) percent in 2000-2004 and 10.53 (point five three) in 1996-1999. [ABSTRACT FROM AUTHOR]

This Paper seeks to review the articles published in the Journal of Intellectual Property Rights (JIPR) in the second half of the first decade of the twenty-first century from Volume 10 (1) (2005) to Volume 14 (6) (2009). During this period, a total of seven post-independent enacted IP legislations were in force in the country. This Paper seeks to review the articles published in JIPR year-wise during the decade. Paper attempts to identify: (i) total number of issues published; (ii) total number of articles published; (iii) total number of contributions made by the Indian and foreign scholars; (iv) total number of sole and joint publications; (v) publishing style of JIPR; and (vi) areas of IP covered in each volume. A review of articles published during this period reveals that on an average, a total of 44 articles have been published in each volume. In the total articles published between 1996-2009, the articles published during the second half of the first decade of 21st century constitutes 52 percent (220 articles) compared to 31.20 percent published between 2000-2004 (132 articles) and 16.78 percent between 1996-1999 (71 papers). JIPR through an open-access platform has provided an opportunity to the IP scholars to publish their writings addressing the gaps in the areas of IP. In the end, Paper develops an argument that JIPR has significantly contributed in the development of IP by disseminating IP information and knowledge, and also in creating IP knowledge and awareness. [ABSTRACT FROM AUTHOR]

This Paper seeks to review the articles published in the Journal of Intellectual Property Rights (JIPR) in the first half of the first decade of the twenty-first century from Volume 5 (1) (2000) to Volume 9 (6) (2004). During this period, a total of seven post-independent IP legislations were enacted in the country. This Paper reviews the articles published in JIPR yearwise. Paper attempts to identify: (i) total number of issues published; (ii) total number of articles published; (iii) total number of contributions made by the Indian and foreign scholars; (iv) total number of sole and joint publications; (v) publishing style of JIPR; and (vi) area of IP covered in each volume. Dissemination of information is a necessary condition for creation of new knowledge. JIPR through an open-access platform has provided an opportunity to the IP scholars to publish their writings addressing the gaps in the areas of IP. In the end, Paper develops an argument that JIPR has significantly contributed in the development of IP by disseminating IP information and knowledge and also in creating IP knowledge and awareness. [ABSTRACT FROM AUTHOR]

This paper seeks to review the articles published in the Journal of Intellectual Property Rights (JIPR) in the last decade of the twentieth century from Volume 1(1) (1996) to Volume 4(6) (1999). There are seven intellectual property (IP) statutes in force in India. When JIPR published its first Volume in the year 1996, only two IP statutes, legislated and enacted in post-independent India, were in force, namely: (i) The Copyright Act, 1957; and (ii) The Patents Act, 1970 -- enacted after 10 years and 23 years respectively after the independence of the country. Nevertheless, the Imperial Act on designs was also in force by the virtue of Article 372 of the Constitution of India, until the Indian Parliament enacted a separate statute on designs. Two statutes were enacted in 1999 and the other three statutes were enacted in the first decade of the 21st century but some of them took a time of almost a decade to come into force. For convenience, the papers published in JIPR have been reviewed year-wise. Paper attempts to identify the: (i) total number of issues published; (ii) total number of articles published; (iii) total number of contributions made by the Indian and foreign scholars; (iv) total number of sole and joint publications; (v) publishing style of JIPR; and (vi) area of IP covered in the publications. JIPR since its inception has aimed to fill void in the IP literature in general and the Indian IP literature in particular. Paper develops an argument that JIPR has significantly contributed in the dissemination of IP information and knowledge, and also in creating IP knowledge and awareness by publishing quality research articles on an open access platform. [ABSTRACT FROM AUTHOR]

Agricultural trade has been historically beset with a plethora of interventions by WTO member countries, which have led to numerous disputes. These trade disputes involve prolonged litigations and resolution processes, and during this time, trade barriers continue to exist. Furthermore, considerable resources are spent litigating these disputes which give rise to pervasive directly unproductive activities, resulting in significant inefficiencies and welfare loss. In this WAEA presidential address, I (i) review the WTO dispute settlement process, (ii) provide an up-to-date catalog of agriculture disputes, (iii) summarize major disputes involving the United States, (iv) present a detailed analysis of the US-China trade war, and (v) examine the benefits of global agricultural trade liberalization. [ABSTRACT FROM AUTHOR]

Since the Taiwanese government launched the national development program to promote and develop offshore wind, localization of the offshore wind power industry not tied to the feedin tariff (hereinafter "FIT") scheme has become the program's signature policy. However, discussions on its compatibility with the World Trade Organization (hereinafter "WTO") law and the potential trade distortion impact are absent in the process of policy design. How the WTO law weighs in to determine the legitimacy of pure local content requirement (hereinafter "LCR") measures without an attachment to feed-in tariff in the context of energy transition? By dissecting the structure of Taiwan's national development program for offshore wind and conducting a WTO compatibility analysis on such program, this article argues that although a LCR measure imposed in the context of energy transition, renewable energy development, and/or climate change may run against the national treatment principle, it can still be designed as a WTO-compatible industrial policy if (i) the LCR in services is prioritized; (ii) the LCR and government support scheme (such as FIT) are severable; and (iii) Article XX of the GATT (in particular paragraph (b)) is used wisely, in which case the LCR is closely connected to the objectives pursued, thorough effectiveness analysis on the implementation of the LCR has been provided, and due process of law has been honored. [ABSTRACT FROM AUTHOR]

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This paper explores possible bases for the progress of world trade regime and the rise of new protectionism based on existing studies in international trade and commercial policy area. Using analytical frameworks of these studies, the paper then discusses what we can expect for the future of world trade regime and new protectionism. [ABSTRACT FROM AUTHOR]

Copyright of Historia y Politica: Ideas, Procesos y Movimientos Sociales is the property of Departamento De Historia del Pensamiento y de los Moviemientos Sociales y Politicos (Madrid) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In studying the concepts of trade and culture in the context of international law, it appears at first that the two are at odds: the cultural exception approach vouches for protectionism and national sovereignty while trade defends liberalization and globalization. However, within this distinction lies a misconception. Culture doesn't necessarily reject trade. The word "exception" does. This study presents and analyzes the notion of cultural exception within the framework of international trade law, specifically examining the legal protections and recourses offered by the World Trade Organization ("WTO") and alternative treaties and agreements (e.g. Canada-U.S. Free Trade Agreement ("CUSFTA"), United Nations Educational, Scientific, and Cultural Organization ("UNESCO")). While this study shows that cultural exception proponents have a hard time making a case on the international legal stage, the challenge lies in how culture is perceived and understood from a legal standpoint. This study delves into a number of WTO cases to assess to what extent culture plays a role in furthering trade liberalization, taking into account the current international debate regarding the Transatlantic Trade and Investment Partnership ("TTIP") and the Trans-Pacific Partnership ("TPP"). [ABSTRACT FROM AUTHOR]

This study examines the role of the degree of legal controversy with respect to a panel ruling in determining the countries' tendency to block/appeal a panel report. It shows that, under both the GATT and WTO regimes, there is an asymmetric advantage between the plaintiff and the defendant. The plaintiff's potential benefit of blocking/appealing an adverse panel ruling is smaller than the that of the defendant, but it bears the same cost structure as the latter. This disadvantage to the plaintiff is diminished under the WTO procedure compared to the GATT, though it is not completely eliminated. The study also shows that the level of legal controversy over panel rulings increases, in general, proportionate to the increase in the frequency at which panel reports are blocked under the GATT regime. However, the tendency to appeal a panel report under the new WTO procedure is, basically, higher than the tendency to block a panel report under the GATT, when such reviews in appeal were not available. [ABSTRACT FROM AUTHOR]

The article discusses the fair and equitable exceptions for farming practice in plant intellectual property rights protection in Taiwan. Topics discussed include privilege of farmers in plant variety rights system, conditional exhaustion of right doctrine, and the use of legal reform adapt compulsory licensing to agricultural issues.

In 2012, the Appellate Body of the World Trade Organization issued three important reports: US -- Clove Cigarettes, WTO US -- Tuna II, and US -- COOL. These disputes concerned the flexibilities or "policy space" left to Members in dealing with non-trade concerns under the Agreement on Technical Barriers to Trade, which sets rules for technical regulations and standards. The primary issue arises from the fact that the TBT and relevant GATT provisions are not organized in the same manner, while their provisions overlap and apply simultaneously. This paper briefly examines the new TBT jurisprudence and discusses how TBT Articles 2.1 and 2.2 qualify and improve GATT rules. The scope of the TBT provisions, their interaction, and their relationship with overlapping GATT provisions are at the heart of the legal analysis undertaken by the panels and Appellate Body in this important new jurisprudence. [ABSTRACT FROM AUTHOR]

Copyright of Politique Étrangère is the property of Institut Francais des Relations Internationales and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The Doha multilateral round of trade negotiations sponsored by the WTO has been dragging on for over a decade, with no end in sight. In this short paper we assess empirically what determines the duration of trade negotiations, focusing on the span between the start of trade talks and their conclusion. We use data from 88 regional trade agreements between 1988 and 2009, and a semi-parametric Cox proportional hazards model. Four factors are robust determinants of the length of RTA negotiations. Negotiations are more protracted when there are more countries at the negotiation table, and when the countries are not from the same region. Negotiations between more open and richer countries also finish more quickly. [ABSTRACT FROM AUTHOR]

An usual side effect of trade liberalization is that with the reduction or elimination of restrictive border measures, governments tend to resort to sophisticated internal instruments to protect their industries. As a good example there of, the China-Auto Parts case brought to the World Trade Organization (WTO) has demonstrated that delineation between a customs duty and an internal charge may not always be a straight forward exercise. The WTO tribunal embarked on comprehensive treaty interpretation based on the principles of the Vienna Convention on the Law of Treaties (VCLT) to conclude that a Chinese charge imposed on imported automobile parts was an internal charge subject to the national treatment obligation. This paper aims to provide an empirical analysisof how the VCLT is applied in WTO dispute settlement for the clarification purposes, and discuss some notable interpretative aspects of the legal findings developed in the course of litigation. [ABSTRACT FROM AUTHOR]

Through GATT and WTO practice, the development of criteria and standards for the review of like product under Articles I:1, III:2 first sentence and III:4 of the GATT 1994 has sufficiently ensures the effective review of these provisions. However, the effectiveness of the review of like product as a tool of determining competition relations may face challenges from technology products that have incorporated additional function. The complication of the review of physical property and nature and end use due to the involvement of technology product may lead to the question on whether current practice may still be able to sufficiently identify competition relationships between the products. This paper is of the view that the like product review requires renovation in order to maintain its effectiveness under the special context of like product. The conducting of review should allocate physical property and nature and end use as the first step of review, being utilized as a "group" that will serve as basis in evaluating consumer tastes and habits, which will involve evaluation of how consumers perceive facts that fall within the scope of these two criteria. This will provide support to the effectiveness of Articles I and III of GATT 1994 in preventing discrimination. [ABSTRACT FROM AUTHOR]

The article discusses the role of several international agreements and organizations on intellectual property rights (IPR) in agriculture. IPR in agriculture is important for ensuring food security around the world. International agreements and organizations playing significant role in IPR are the General Agreement on Tariffs and Trade (GATT), the Trade Related Intellectual Property Rights (TRIPS) Agreement, the World Trade Organization (WTO) and the Convention on Biodiversity (CBD).

Due to the spectacular increase in their number, preferential trade agreements which occupy a prominent place in international trade relations became an indispensable part of the world trade system. The main feature of the RTAs is in the granting of preferences between parties, without broadening its application to third countries. For this reason, as an exception to the Most Favoured Nation principle, the RTAS are considered as a threat to the multilateral trading system under the GATT. However, a broader reflection to the place of RTAs in the WTO system shows that these agreements, far from constituting an obstacle to global trade liberalization, fulfill a crucial function of strengthening the multilateral trade system. For this reason more than questioning the compatibility of RTAs with the multilateral logic, one should consider a more harmonious multilateral trading system with economic regionalism. [ABSTRACT FROM AUTHOR]

Preferential measures for developing countries implemented within the General Agreement on Tariffs and Trade failed to achieve their purported goal of facilitating economic development; this failure was due to their weak theoretical underpinnings and poor policy design. Not only were the demands developing countries made for discriminatory preferences largely ineffectual, their demands for preferential treatment, together with their forgoing full participation in the multilateral trading system, fundamentally reduced the obligation of developed countries to consider the interests of developing countries in future negotiation rounds. Thus the winning of preferences was rendered a pyrrhic victory for developing countries. [ABSTRACT FROM AUTHOR]

Copyright of Anuario Colombiano de Derecho Internacional is the property of Colegio Mayor de Nuestra Senora del Rosario and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This paper documents the genesis of globalization through an extensive analysis if GATT (Uruguay Round 1993) and its essential role in this genesis. It also documents the role played by WTO, which was established in 1995 to embody GATT and other multilateral trade agreements, in supporting the development of globalization. Data presented in the paper shows that eleven Arab States have joined the STO, so far gaining full membership in this international pillar of globalization. The WTO is now responsible for the smooth functioning of international markets via strict implementation of GATT clauses and principles. The paper provides data and analysis on the impact of globalization on Arab states economically, socially, politically, and culturally. This impact is revealed throu an explication of the following aspects and processes that have been unfolding in Arab countries since 1995: 1 - Creation of a new economic and monetary activities, trades and professions, and creation of new social and occupational groups, in addition to the establishment of qualified industrial zones (QIZs) in Jordan and Egypt. 2 - Creation of new economic sectors, i.e., information technology, that contributes steadily to GNP, alongside other economic sectors. 3 - Upgrading and development of work and production organizations to reach international standards set by ISO, and its certificates. 4 - Reinforcement of Arab civil society, institutionally and ideologically. 5 - Adaptation of states functions and roles in light of principles of GATT. The impact of globalization on Arab culture is revealed in this paper through analysis of the following processes: 1 - Modernizing Arab culture and development of past heritage. 2 - Modernizing work values and ethics. [ABSTRACT FROM AUTHOR]

Copyright of Medunarodni Problemi is the property of Institute of International Politics & Economics and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Preferential measures for developing countries implemented within the General Agreement on Tariffs and Trade failed to achieve their purported goal of facilitating economic development; this failure was due to their weak theoretical underpinnings and poor policy design. Not only were the demands developing countries made for discriminatory preferences largely ineffectual, their demands for preferential treatment, together with their forgoing full participation in the multilateral trading system, fundamentally reduced the obligation of developed countries to consider the interests of developing countries in future negotiation rounds. Thus the winning of preferences was rendered a pyrrhic victory for developing countries. [ABSTRACT FROM AUTHOR]

WTO's predecessor GATT realized development from "agreement" to "law", and WTO rules is a set of legal system created by sovereign countries to promote trade liberalization, has obvious legal character. As an emerging legal branch, WTO law overlaps with the traditional international law, international economic law, international trade law, meanwhile, constitutes dynamic legal branch. [ABSTRACT FROM AUTHOR]

60 years of GATT A good occasion to review its major contribution in the expansion of international trade, in economic development. The study is structured in three directions: GATT - O.M.C. and trade liberalization; GATT - O.M.C. and economic development; GATT - O.M.C. and regional economic groupings. The final part is dedicated to the problems of new international economic governance in a knowledge based society. [ABSTRACT FROM AUTHOR]

World Bank research has shown that agricultural subsidies of about $300 billion a year in rich countries distort world prices and undermine developing countries' exports. Trade barriers in agriculture reduce economic efficiency and disrupt international markets at the expense of competitive suppliers. Furthermore, these policies often fail to achieve their objectives, in particular that of effectively supporting low-income farmers. OECD ministers have recognized the need for fundamental reform, but only modest progress has been made. In this paper, I shall argue that agricultural trade liberalization measures should be undertaken in order to maximize the global welfare and eliminate the current distortions in agricultural trade. These measures should include deep cuts to all tariffs as well as elimination of all trade-distorting domestic and export subsidies. [ABSTRACT FROM AUTHOR]

Copyright of Cuadernos de Negocios Internacionales e Integración is the property of Universidad Catolica del Uruguay Damaso Antonio Larranaga and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The market for India's R&D outsourcing is expected to grow form the present $1.3 billion to $8 billion in 2008. At present for textiles the R&D expenditure as a percentage of net sales is 1.36%. Successful textile companies of the 21st century will be those that manage knowledge to their advantage. The company that can source and apply knowledge to solve problems and develop technological differentiation in an environmentally sustainable manner will put the stress on its competitors. These it textile companies will be the innovators who will prosper and expand. The very few knowledge-driven textile companies of the present are facing financial and competitive pressures that make them increasingly difficult to allocate the kinds of financial resources to research as they have done it in the past. For this reason, corporate scientists, research managers and business managers must understand both the financial and knowledge returns associated with the research they conduct so that they can best direct and allocate resources to research that provides both financial returns and establishes the knowledge basis for future discovery and innovation. We present a model for assessing research opportunities both from the standpoint of responding to market needs and pushing forward new knowledge development. We argue that both business and research managers in corporations can use this analytical discipline to better join the needs of business and the research divisions that support them. [ABSTRACT FROM AUTHOR]

This research is intended to answer whether digital products can be considered as goods even though these products are intangible. Electronic commerce has permeated the lives of billions, and yet World Trade Organization (hereinafter "WTO") law is still facing headwinds in the effort to tackle the issue adequately. One of the major issues is that members are unable to agree on whether to apply the General Agreement on Tariffs and Trade (hereinafter "GATT") or the General Agreement on Trade in Services (hereinafter "GATS") for digital products. The distinction itself could have a radical impact on digital trade, since the GATT regime is known to be more liberal compared to that of GATS. This paper argues that the WTO jurisprudence does not provide a clear guideline on how to properly classify a product. Nevertheless, the application of the rules of interpretation under the Vienna Convention on the Law of Treaties indicates that tangibility is not a prerequisite. [ABSTRACT FROM AUTHOR]