Law & Society: International & Comparative Law eJournal最新文献_第6页

Property and the State or ‘The Folly of Torrens’: A Comparative Perspective 财产与国家或“托伦斯的愚蠢”:一个比较的视角

Law & Society: International & Comparative Law eJournal Pub Date : 2019-10-20 DOI: 10.53637/oidz4209

D. Fitzpatrick, C. Compton, J. Foukona

引用次数: 0

La devolución del IVA como posible instrumento de defraudación a la Nación (The Refund of Vat As a Possible Instrument of Fraud to the Nation) 作为可能的国家欺诈手段的增值税退税(作为可能的国家欺诈手段的增值税退税)

Law & Society: International & Comparative Law eJournal Pub Date : 2019-10-16 DOI: 10.18601/16926722.n15.08

Lina María Rodríguez Barón

引用次数: 0

Past as Prologue? Historical Patterns and Discontinuities in Modern Trade Wars 过去的序言?现代贸易战的历史模式与间断

Law & Society: International & Comparative Law eJournal Pub Date : 2019-10-14 DOI: 10.2139/ssrn.3469496

J. Kurtz

{"title":"Past as Prologue? Historical Patterns and Discontinuities in Modern Trade Wars","authors":"J. Kurtz","doi":"10.2139/ssrn.3469496","DOIUrl":"https://doi.org/10.2139/ssrn.3469496","url":null,"abstract":"International trade law is under siege. We face imminent stasis in WTO dispute settlement. Substantively too, the rapid outbreak of unilateral deployment of tariffs by the U.S (and then retaliation by China) is putatively WTO-illegal. These developments have shocked the community of practitioners and scholars of the WTO. Against this backdrop, it is tempting to position the current trade wars as a unique threat to both globalization and its institutional manifestations, like the WTO. To my mind, that claim deserves, at the very least, serious assessment. This is not the first time in its modern history that the system of international trade law has been subject to escalating resort to unilateral protectionism by its dominant power. There are important lessons from past trade conflicts that can guide our prescriptions on productive (and even likely) future outcomes, while bearing in mind differences in degree and orientation. A logical comparator here is the dramatic rise of Japan as an economic competitor to the U.S through the 1970s and 1980s (in a period that both preceded and tracked the Uruguay Round negotiations) and the shift in unilateral and multilateral strategies employed by the U.S to manage trade conflict with Japan. This comparator is routinely dismissed by most commentators, largely because of the role of the U.S as a guarantor of Japanese security. While that security umbrella is an important difference when considering the fractious relationship between the U.S and China, there are thick undercurrents in commonality (both substantively and sociologically) that transcend points of variance.","PeriodicalId":218878,"journal":{"name":"Law & Society: International & Comparative Law eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132596796","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

To Select Appropriate Mode of Partnership in International Trade 论国际贸易合作模式的选择

Law & Society: International & Comparative Law eJournal Pub Date : 2019-10-08 DOI: 10.2139/ssrn.3465989

M. Abdin

{"title":"To Select Appropriate Mode of Partnership in International Trade","authors":"M. Abdin","doi":"10.2139/ssrn.3465989","DOIUrl":"https://doi.org/10.2139/ssrn.3465989","url":null,"abstract":"The weave of global free market concept is near to death now. Hope for the free market trade was initiated by the World Trade Center (WTO) under its inspiring agreements as a part of multilateral trade negotiations. Several rounds of WTO showed light for free movement of goods, services even manpower from least developing countries to the developed markets. WTO was successful to negotiate a long list of agreements like Agreement on Agriculture, Agreement on the Application of Sanitary and Phytosanitary Measures, Agreement on Technical Barriers to Trade, Agreement on Trade Related Investment Measures, Agreement on Anti-Dumping, Agreement on Customs Valuation, Agreement on Pre-shipment Inspection, Agreement on Rules of Origin, Agreement on Import Licensing Procedures, Agreement on Subsidies and Countervailing Measures, Agreement on Safeguards, General Agreement on Trade in Services, Agreement on Trade-Related Aspects of Intellectual Property Rights, Agreement on Government Procurement, and Trade Facilitation Agreement etc. within last three decades. But major challenge bring forward while the agreements started to be enforce in practice. First attract was led by USA who refuses to implement DFQFMA to the LDCs and introduced a condition of 97% products, they had selected these 97% so list of products so comprehensively for the countries that all major export items of the LDC countries like Bangladesh went out of 97%. Various counter proposals were placed and standard, compliance and conditions etc. forms of restrictions made the negotiation complex and time consuming.","PeriodicalId":218878,"journal":{"name":"Law & Society: International & Comparative Law eJournal","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124498504","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Neglected and Non-Neglected Diseases: Contradictions in the Patent Legal System 被忽视疾病与非被忽视疾病:专利法律制度中的矛盾

Law & Society: International & Comparative Law eJournal Pub Date : 2019-09-30 DOI: 10.20499/2236-3645.rjp2019v21e124-1786

Marcos Vinício Chein Feres

引用次数: 0

International Trade: Smarten Up to Talk the Talk 《国际贸易:聪明地说到做到

Law & Society: International & Comparative Law eJournal Pub Date : 2019-09-25 DOI: 10.2139/ssrn.3459234

Levi Haas, K. Schenk-Hoppé

引用次数: 0

Monitoring Report on Assessment of Human Rights Situations in Cotton Fields of the Republic of Azerbaijan 阿塞拜疆共和国棉田人权状况评估监测报告

Law & Society: International & Comparative Law eJournal Pub Date : 2019-09-23 DOI: 10.2139/ssrn.3458625

Vahid Maharramov, G. Ibadoghlu

引用次数: 0

A WTO Reform Agenda: Data Flows and International Regulatory Cooperation 世贸组织改革议程:数据流动和国际监管合作

Law & Society: International & Comparative Law eJournal Pub Date : 2019-09-12 DOI: 10.2139/ssrn.3455551

Joshua P. Meltzer

引用次数: 3

The Common Law and Equity: Are England and Australia a World Apart? 普通法与衡平法:英国和澳大利亚是两个世界吗?

Law & Society: International & Comparative Law eJournal Pub Date : 2019-09-03 DOI: 10.2139/ssrn.3574589

Tony Meacham

{"title":"The Common Law and Equity: Are England and Australia a World Apart?","authors":"Tony Meacham","doi":"10.2139/ssrn.3574589","DOIUrl":"https://doi.org/10.2139/ssrn.3574589","url":null,"abstract":"When decisions are made in the High Court of Australia in the areas of common law and equity, lawyers in England often cast their eyes over the decisions in Australia to consider in which direction those in the former colonies are taking the laws bequeathed to them, or received by them, depending on one's perspective. There was little divergence until relatively lately as the Australian High Court felt obligated to be bound by the decisions of the House of Lords until 1963 and the Privy Council until 1978. \u0000 \u0000Yet, there remains in England an expectation that Australia should continue to follow the example of the mother country, perhaps to keep the common law as much as possible, common. It is argued that it is unrealistic to keep looking at what Australia does as somehow not following the example of England as lead in areas of law that it developed over nearly a millennium. Will it hurt the common law and equity to have strong separate traditions reflecting matters that are uniquely Australian? Can Australia be left to have the ability to be diametrically opposite if it wishes to be, inasmuch as it is antipodean geographically, without some feeling it has let the 'team' down?","PeriodicalId":218878,"journal":{"name":"Law & Society: International & Comparative Law eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130305623","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Are Special Economic Zones in Emerging Countries a Catalyst for the Growth of Surrounding Areas? 新兴国家的经济特区是周边地区发展的催化剂吗?

Law & Society: International & Comparative Law eJournal Pub Date : 2019-09-02 DOI: 10.18356/0554caef-en

Susanne Frick, A. Rodríguez‐Pose

{"title":"Are Special Economic Zones in Emerging Countries a Catalyst for the Growth of Surrounding Areas?","authors":"Susanne Frick, A. Rodríguez‐Pose","doi":"10.18356/0554caef-en","DOIUrl":"https://doi.org/10.18356/0554caef-en","url":null,"abstract":"What is the impact of special economic zones (SEZs) in emerging countries on the economy of surrounding areas? Despite the popularity of SEZs as a policy tool in virtually all developing countries around the world, there is little evidence to date which systematically analyses this question. This paper sheds light on this topic by examining the economic growth spillovers generated by 346 SEZs in 22 emerging countries. The analysis uses night light data as a proxy for SEZ performance as well as the economic performance of the surrounding area in order to overcome the lack of reliable economic indicators when measuring SEZ performance. It also relies on a novel data set on SEZ characteristics in order to understand how far they impinge on the economic fortunes of the surrounding areas. The results indicate that SEZs have a positive impact on the economic performance of the areas surrounding the zones. However, the growth spillovers are limited in area and display a strong distance decay effect: the magnitude of the impact decreases continuously up to 50 km. Furthermore, zones located in more remote areas seem to have less of an impact on neighbouring areas. Moreover, factors assumed to have a facilitating effect, such as the manufacturing base in the country and political stability, do not seem to matter on a structural basis.","PeriodicalId":218878,"journal":{"name":"Law & Society: International & Comparative Law eJournal","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131878726","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 22