PSN: International Trade Regulation (Topic)最新文献

International Trade Law and Data Ethics: Possibilities and Challenges 国际贸易法与数据伦理:可能性与挑战

PSN: International Trade Regulation (Topic) Pub Date : 2020-12-10 DOI: 10.2139/ssrn.3883824

N. Mishra

{"title":"International Trade Law and Data Ethics: Possibilities and Challenges","authors":"N. Mishra","doi":"10.2139/ssrn.3883824","DOIUrl":"https://doi.org/10.2139/ssrn.3883824","url":null,"abstract":"Governments increasingly adopt various measures to achieve compliance with data ethics principles to reduce misuse of data-driven technologies and promote good digital and data governance. However, some of these measures restrict cross-border trade in digital technologies and services, thereby implicating various obligations contained in international trade agreements. This chapter investigates if international trade agreements (focusing on the General Agreement on Trade in Services (‘GATS’) of the World Trade Organization (‘WTO’)) provide sufficient policy space to governments to implement data ethics-related measures, despite their potential trade-restrictive impact. It argues that general exceptions (GATS art XIV) can be interpreted in an evolutionary manner to cover several data ethics concerns. However, in doing so, WTO tribunals are likely to face uncertainties due to the regulatory diversity across countries. In particular, examining the core rationale underlying data ethics-related measures, determining their technological efficacy, and identifying the least burdensome and trade-restrictive means to realise policy goals enshrined in data ethics frameworks, remain highly challenging. In light of these uncertainties, this chapter recommends that the WTO must better accommodate evolving norms, standards and best practices on data ethics of other international institutions and relevant transnational and multistakeholder bodies.","PeriodicalId":247818,"journal":{"name":"PSN: International Trade Regulation (Topic)","volume":"117 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129641104","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

The Emergence of Strategic Capitalism: Geoeconomics, Corporate Statecraft and the Repurposing of the Global Economy 战略资本主义的出现:地缘经济学、企业治国方略和全球经济的重新定位

PSN: International Trade Regulation (Topic) Pub Date : 2020-09-30 DOI: 10.2139/ssrn.3707290

Henrique Choer Moraes, M. Wigell

引用次数: 4

Intellectual Property Exhaustion and Parallel Imports of Pharmaceuticals: A Comparative and Critical Review 知识产权用尽与药品平行进口:比较与批判回顾

PSN: International Trade Regulation (Topic) Pub Date : 2020-06-01 DOI: 10.2139/ssrn.3853065

Irene Calboli

{"title":"Intellectual Property Exhaustion and Parallel Imports of Pharmaceuticals: A Comparative and Critical Review","authors":"Irene Calboli","doi":"10.2139/ssrn.3853065","DOIUrl":"https://doi.org/10.2139/ssrn.3853065","url":null,"abstract":"This Chapter addresses the topic of intellectual property (IP) exhaustion in the context of the parallel trade of pharmaceuticals. These imports, which are controversial in general, are more complex with respect to pharmaceuticals, which require additional marketing and import authorizations. Nevertheless, individual countries remain free to accept these imports under the flexibility of Article 6 of the Agreement on Trade Related Aspect to Intellectual Property Rights (TRIPS Agreement). This Chapter reviews several national approaches—in developed, developing, and least developed countries (LDCs)—from the perspective of the exhaustion of patent rights as well as other IP rights. Through this review, it highlights that several countries today accept parallel trade. A large of number of these countries are, however, developed countries, whereas several developing countries and LDCs instead prohibits parallel imports. This finding is perplexing, and the reasons for this restrictive approach are unclear as developing countries and LDCs need flexible policies and can largely benefit from parallel trade. In addition, despite the claim by the pharmaceutical industry that parallel trade would increase the price of medicines in these countries—as originator would increase prices due to the fear of parallel imports—medicines are sold at lower prices mostly because of governments’ pricing or after the expiration of patent protection. Based on this review, this Chapter concludes that national legislations, which are not taking advantage of the flexibility in Article 6 of the TRIPS Agreement, may consider reviewing their policies and allow parallel imports.","PeriodicalId":247818,"journal":{"name":"PSN: International Trade Regulation (Topic)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127619583","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

Legal Implications of Technology Transfer to Nigeria 技术转让对尼日利亚的法律影响

PSN: International Trade Regulation (Topic) Pub Date : 2020-02-10 DOI: 10.2139/ssrn.3860335

Cali Ojimba

{"title":"Legal Implications of Technology Transfer to Nigeria","authors":"Cali Ojimba","doi":"10.2139/ssrn.3860335","DOIUrl":"https://doi.org/10.2139/ssrn.3860335","url":null,"abstract":"Legal implication of technology transfer is fraught with several controversies. Given the unique advantage of technology in the advancement of mankind in general vis-a-vis its destructive negative imperatives, opponents of its ideal usages argued that, in asserting its inherent advantages, its destructive disadvantages is not worth it. Citing cases of Hiroshima and Nagasaki in Japan in resolving the impasses of the Second World War, they argued that no sane nation would want to go that way again. The star wars with its attendant control leading to the strategic arms limitation treaty (salt) between the United States and the defunct Soviet Union was fraught with the quietest vigour. But then one cannot underestimate the unprecedented improvement in the livingstandard of man in all spheres of life, occasioned by advancement to technology. This paper examined most of the noble advantages of technology and its transfer in Nigeria with its unprecedented advancement, in the field of medicine, engineering, biomedics, agriculture, aviation, rocket science, production of weapons of mass destruction, etc. at the same time, looks at its limitations as a stop-gap to prevent what happened in history when its destructive operatives and the rat-race between the two super power, almost led to a third world war more than the water argued that technology transfer does not amount to mankind assembling plants to bring together party that were already manufactured in the countries of origin. The position is that technology transfer must translate into engaging the socio-cultural imperatives of a country to source for social raw materials and manufacturing goods and materials that are of immediate need and relevant to the country in question. The final position of this paper is that while its acquisition is central to the advancement of mankind, countries should be the watchword in its acquisition regardless of its inherent advantages.","PeriodicalId":247818,"journal":{"name":"PSN: International Trade Regulation (Topic)","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-02-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126737339","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

Regional Trade and Investment Value Chains in South Asia: Perspectives From Pakistani Enterprises 南亚地区贸易和投资价值链:来自巴基斯坦企业的视角

PSN: International Trade Regulation (Topic) Pub Date : 2019-12-31 DOI: 10.3126/qjmss.v1i2.27416

Syed Shujaat Ahmed

{"title":"Regional Trade and Investment Value Chains in South Asia: Perspectives From Pakistani Enterprises","authors":"Syed Shujaat Ahmed","doi":"10.3126/qjmss.v1i2.27416","DOIUrl":"https://doi.org/10.3126/qjmss.v1i2.27416","url":null,"abstract":"Background: South Asian countries still maintained barriers to trade including regulatory restrictions on Foreign Direct Investment, non-tariff barriers and lack of banking channels. These restrictions are not only affecting the regional trade integration but also affecting the transfer of skills and technology among the member countries. Objectives: This study examines the factors that are inhibiting the development of regional integration for Pakistan in South Asia. Methods: The study conducted interviews of business community in Karachi and Peshawar regarding regional trade, investment and value chains. Result: The results pointed out that political difference with neighboring countries affect the regional integration in the form of lower trade and investment volume. Engaging in value chains is a way forward to promote trade flows and regional integration which will be beneficial for the trading partners in terms of economic growth and employment. Conclusion: Pakistan contains weak investment outlay in South Asia as currently investment agreements with only Bangladesh and Sri Lanka existed. The reasons for lower FDI inflows in Pakistan include lack of political stability, inadequate infrastructure and non-transparent government regulations. Implications: This study provides tentative picture of regional trade and investment in South Asia and the result generated can be used by concerned authorities, investors of those areas. Recommendations: Simplifications in investment laws, piracy of intellectual property, relaxing current account restriction and single channel for streamlining information regarding support, opportunities, investment and market rules and regulations can enhance the investment volume.","PeriodicalId":247818,"journal":{"name":"PSN: International Trade Regulation (Topic)","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122180140","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

The Origins of Plurilateralism in International Trade Law 国际贸易法诸边主义的起源

PSN: International Trade Regulation (Topic) Pub Date : 2019-09-18 DOI: 10.1163/22119000-12340150

M. Lewis

引用次数: 0

Price Volatility and Trade: Implications for Food Security in ASEAN 价格波动和贸易:对东盟粮食安全的影响

PSN: International Trade Regulation (Topic) Pub Date : 2019-05-29 DOI: 10.2139/ssrn.3420745

N. Candelaria

{"title":"Price Volatility and Trade: Implications for Food Security in ASEAN","authors":"N. Candelaria","doi":"10.2139/ssrn.3420745","DOIUrl":"https://doi.org/10.2139/ssrn.3420745","url":null,"abstract":"In the context of a globalizing world, economic and trade policies are becoming more integrated than they were before. In spite of the gains that states were able to earn in terms of cooperation, there are issues that still need to be tackled on. One of these is the impact of food prices on food security, and its implications for attaining it. Another is the question on the role of trade as an activity in promoting food security, even if food prices are fluctuating at the global level. Despite the complexity of the situation, this paper posits that cooperation is regarded as one of the possibilities in overcoming food insecurity. In this regard, this paper seeks to probe into the rice trade in ASEAN. To probe into the phenomenon, these questions will be asked in the paper: how does food prices affect trade and food security; how does rice trade in ASEAN affect food security in the region; and who will gain and who will lose in making rice trade more integrated into the region. These questions were asked in the study in order to uncover the patterns of trade at the ASEAN level, to examine how trade affects food security at the regional level, and to understand the implications of a more integrated economy for the individuals belonging to these respective states. To conduct this particular study, the paper will utilize a case study of the ASEAN rice trade from 2013 to 2017. The data that the paper will use will come from available secondary data sources, specifically, data available from the ASEAN Food Security Information System, and available literature on the subject matter, which will be subjected to a content analysis, in order to answer the questions raised in the paper.","PeriodicalId":247818,"journal":{"name":"PSN: International Trade Regulation (Topic)","volume":"594 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123141662","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

An Appraisal of the Legal Framework on Confidential Information and Trade Secrets in Nigeria 尼日利亚保密信息和商业秘密法律框架评价

PSN: International Trade Regulation (Topic) Pub Date : 2019-05-20 DOI: 10.2139/ssrn.3422302

Adamu Audu Pam, J. Mantu

{"title":"An Appraisal of the Legal Framework on Confidential Information and Trade Secrets in Nigeria","authors":"Adamu Audu Pam, J. Mantu","doi":"10.2139/ssrn.3422302","DOIUrl":"https://doi.org/10.2139/ssrn.3422302","url":null,"abstract":"Confidential information and trade secrets remains key and significant to Intellectual Property. Intellectual property constitutes the intangible rights that protect the human intellect. This paper is on the protection of confidential information and trade secrets in Nigeria. This paper work highlights in brief intellectual property; define confidential information and trade secret, state out the rationale behind the protection, as well as the scope of confidential information and trade secret. The work took a look at the development of confidentiality and trade secret and highlights some legislation that protects confidentiality and trade secrets in Nigeria. The work also considers the qualification of what constitute trade secret, conditions to fulfil in sustaining action for breach of confidence, procedure for protecting confidential information and trade secrets, and discusses practical ways of protecting confidential information and trade secrets. Distinction between trade secrets and skill and knowledge an employee may take away is made. The paper discussed defence for breach of confidential information. Confidential agreement and the checklist are also discussed. Finally, the paper presents the relationship of patents and trade secrets and concludes by recommending the need for the enactment of Confidential Information and Trade Secret Act amongst others in Nigeria.","PeriodicalId":247818,"journal":{"name":"PSN: International Trade Regulation (Topic)","volume":"119 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122324705","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

ASEAN 서비스산업 규제 현황과 시사점 (An Analysis of Service Trade Regulations in ASEAN and Its Implications) (An Analysis of Service Trade Regulations in ASEAN and Its Implications)

PSN: International Trade Regulation (Topic) Pub Date : 2018-12-28 DOI: 10.2139/ssrn.3422582

Meeryung La, Mingeum Shin, Minlee Shin, J. Cheong, Jegook Kim

{"title":"ASEAN 서비스산업 규제 현황과 시사점 (An Analysis of Service Trade Regulations in ASEAN and Its Implications)","authors":"Meeryung La, Mingeum Shin, Minlee Shin, J. Cheong, Jegook Kim","doi":"10.2139/ssrn.3422582","DOIUrl":"https://doi.org/10.2139/ssrn.3422582","url":null,"abstract":"Korean Abstract: 본 연구는 한국과 아세안의 서비스교역 현황 및 제한요인을 분석하고, 우리나라 서비스수출의 안정적인 성장을 위한 정책 대응방안을 모색하였다. 서비스교역 현황을 파악하기 위해 GVC 분석, 공급유형별 서비스교역 추계 등의 다양한 방법을 이용하였으며, 대아세안 서비스 교역장벽을 식별하기 위해 아세안의 서비스시장 규제현황을 World Bank의 서비스무역제한지수, GATS와 아세안+1 FTA의 서비스양허를 조사하였다. 아세안의 서비스규제가 한-아세안 간 서비스교역에 미치는 영향을 실증분석한 것 외에도, 베트남의 도소매업과 인도네시아의 금융업을 대상으로 실질적인 교역제한요인을 조사하였다. 이러한 분석결과를 바탕으로 우리나라 서비스무역의 안정적인 성장을 위한 정책방향 및 한-아세안 간 서비스교역 활성화를 위한 방안을 제시하였다. \u0000 \u0000English Abstract: The Korean government is pursuing a New Southern Policy to diversify its trading partners and reduce US-China risk. This study aims to provide policy implications for promoting cooperation in services sector between Korea and ASEAN in line with such New Southern Policy which is at the stage of establishing implementation strategies. \u0000 \u0000Since Korean firms have continued to advance into the ASEAN market, the firms in the services sector such as finance, logistics, construction, distribution, and rental, etc., are also entering the market with the demand of incumbent manufacturing firms. However, due to the lack of relevant data, research on the service sector of ASEAN is insufficient. In addition, an analysis of service trade regulations of ASEAN is difficult because there are cases where the regulations of ASEAN member countries are different or even there is no transparent regulation. Therefore, this report try to analyzes the current status of trade in services and restrictiveness of service trade regulations of ASEAN using various methodologies such as statistical and empirical analysis, related law and literature survey, and field studies considering of the limited data sources and the specificity of ASEAN. Throughout the paper, Cambodia, Laos, Myanmar and Brunei are excluded from the analysis, and only six ASEAN countries are analyzed.","PeriodicalId":247818,"journal":{"name":"PSN: International Trade Regulation (Topic)","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121440548","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

Trading Secrets: Disclosure Dilemmas in International Trade 商业秘密:国际贸易中的披露困境

PSN: International Trade Regulation (Topic) Pub Date : 2018-07-02 DOI: 10.2139/ssrn.3206689

A. Carnegie, Austin Carson

引用次数: 1