Journal of World Trade最新文献

The WTO and Using Digital Economy Technologies: Surviving the Race With Preferential Trade Agreements WTO与使用数字经济技术:在优惠贸易协定的竞争中生存

4区社会学

Journal of World Trade Pub Date : 2023-10-01 DOI: 10.54648/trad2023031

Mohammad Abualethem Nsour

引用次数: 0

Improving Export Credit Agency Impact Through Full Faith and Credit 通过充分信任和信用提高出口信用机构的影响力

4区社会学

Journal of World Trade Pub Date : 2023-10-01 DOI: 10.54648/trad2023032

Andreas Klasen, Hans Janus

引用次数: 0

Rethinking Test Data Protection in China-US Trade War: Integrating Empirical and Normative Analysis 中美贸易战中测试数据保护的再思考:实证与规范的整合分析

4区社会学

Journal of World Trade Pub Date : 2023-10-01 DOI: 10.54648/trad2023033

Qian Yin

{"title":"Rethinking Test Data Protection in China-US Trade War: Integrating Empirical and Normative Analysis","authors":"Qian Yin","doi":"10.54648/trad2023033","DOIUrl":"https://doi.org/10.54648/trad2023033","url":null,"abstract":"Managing Intellectual Property (IP) protection over test data is a growth strategy in the trade competition, embodied as one of the crucial topics of US-China trade negotiations. Accordingly, the US took the trade war as a tool for the rivalry in the pharmaceutical industry and furnishing domestic companies with better protection schemes and more symmetrical access to the Chinese market. Even though the Economic and Trade Agreement Between the Government of the United States of America and the Government of the People’s Republic of China (Phase-one Trade Agreement) quelled the trade war, the dualism protection mechanism – ‘confidential business information’ protection and data exclusivity rules for pharmaceutical test data warrants exploring the legal basis and practical reasons. This article explores and clarifies the China and US trade arguments on test data and specific provisions of the Phase-one Trade Agreement from both empirical and normative perspectives. The empirical study sheds light on the pharmaceutical market competition between the US and China. Then it assesses the test data protection under the Phase-one Trade Agreement in light of US free trade agreements (FTAs), domestic legislation, and the Chinese test data protection legal system. In addition to providing contextual reflections, this article proposes China-US further negotiation for test data protection from a public health-friendly perspective, considering the US and Chinese legal frameworks and priorities regarding pharmaceuticals.\u0000Pharmaceutical, intellectual property, test data, confidential business information, data exclusivity, public health, US-China trade war, foreign trade agreements, Phase-one Trade Agreement","PeriodicalId":46019,"journal":{"name":"Journal of World Trade","volume":"67 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135761988","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Game Analysis of Different Source Disclosure Model for Genetic Resources and Implications for China 遗传资源不同来源披露模式的博弈分析及对中国的启示

4区社会学

Journal of World Trade Pub Date : 2023-10-01 DOI: 10.54648/trad2023035

Liwen Qi, Xiaoting Song, Diligena Dilixiati

{"title":"Game Analysis of Different Source Disclosure Model for Genetic Resources and Implications for China","authors":"Liwen Qi, Xiaoting Song, Diligena Dilixiati","doi":"10.54648/trad2023035","DOIUrl":"https://doi.org/10.54648/trad2023035","url":null,"abstract":"Inventions that rely on genetic resources are subject to different source disclosure models in the domestic laws of different countries. Different source disclosure models can indirectly affect the quantity and quality of patents issued in a country, thus resulting in different social benefits. Therefore, an analysis of which source disclosure model is applicable to the patent protection of genetic resources is of great importance. The economic approach of game theory is used to analyse the game of interests between patent applicants and the patent examination authority. It is found that the patent examination authority is required to introduce source disclosure rules and that the optimal equilibrium for patent applications can be achieved by requiring companies to comply with a voluntary source disclosure model under intense examination pressure. Based on this, the legislative policies of typical resource-rich countries are selected for analysis to verify the validity of the game conclusions. Finally, policy recommendations for source disclosure requirements for genetic resources in China are proposed based on the game conclusions.\u0000genetic resources, source disclosure, patent law, game theory, mandatory model, voluntary model, patent applications, regulatory bodies, cost-benefit perspective","PeriodicalId":46019,"journal":{"name":"Journal of World Trade","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135762243","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Environmental Unilateralism and the Chapeau of Article XX GATT: The ‘Line of Equilibrium’ and the Question of ‘Differently Situated’ Countries 环境单边主义和关贸总协定第20条的序言:“平衡线”和“不同处境”国家的问题

4区社会学

Journal of World Trade Pub Date : 2023-10-01 DOI: 10.54648/trad2023030

Giulia Claudia Leonelli

{"title":"Environmental Unilateralism and the Chapeau of Article XX GATT: The ‘Line of Equilibrium’ and the Question of ‘Differently Situated’ Countries","authors":"Giulia Claudia Leonelli","doi":"10.54648/trad2023030","DOIUrl":"https://doi.org/10.54648/trad2023030","url":null,"abstract":"The EU is adopting a set of unilateral trade-related measures that are designed to produce specific environmental effects. Increasing recourse to environmental leverage triggers an array of questions surrounding the treatment of ‘differently situated’ (including developing and least developed) countries. This article critically examines the extent to which the Chapeau (introductory clause) of Article XX GATT requires regulating Members to differentiate the treatment of ‘differently situated’ countries where the same relevant conditions prevail, or take their different prevailing conditions into account at the regulatory design or regulatory implementation stage. It finds that the dispute settlement organs’ narrow interpretative approach cannot do justice to the claims of ‘differently situated’ countries, but has several beneficial implications in environmental protection terms. As the climate crisis spirals out of control, the environmental cost of differentiation has become too high. Regulating Members should rather combine stringent unilateral standards with truly ambitious enabling and capacity-building strategies.\u0000Chapeau of Article XX GATT, Environmental Unilateralism, npr-PPMs, Anti- Deforestation Standards, CBAM, EU – Palm Oil, Developing Countries, Least Developed Countries, Arbitrary or Unjustifiable Discrimination, Line of Equilibrium","PeriodicalId":46019,"journal":{"name":"Journal of World Trade","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135762783","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Differentiated Differentiation in the WTO Customs Valuation Agreement WTO海关估价协定中的差别化差别

4区社会学

Journal of World Trade Pub Date : 2023-10-01 DOI: 10.54648/trad2023029

Sangeeta Khorana, Aniekan Ukpe

引用次数: 0

A Tale of Too Little: Anti-dumping Tariff Between SAFTA Contracting Parties 太少的故事:南亚自由贸易区缔约方之间的反倾销关税

4区社会学

Journal of World Trade Pub Date : 2023-10-01 DOI: 10.54648/trad2023034

引用次数: 0

Government Procurement Defence Under GATT 1994 Article III:8(a): A Critical Review of the Turkey-Pharmaceutical Products Dispute GATT1994下的政府采购辩护第三条：8（a）：对土耳其药品争端的批判性审查

IF 0.8 4区社会学

Journal of World Trade Pub Date : 2023-02-01 DOI: 10.54648/trad2023007

Mikyung Yun

{"title":"Government Procurement Defence Under GATT 1994 Article III:8(a): A Critical Review of the Turkey-Pharmaceutical Products Dispute","authors":"Mikyung Yun","doi":"10.54648/trad2023007","DOIUrl":"https://doi.org/10.54648/trad2023007","url":null,"abstract":"This article critically reviews the Turkey-Pharmaceutical Products Dispute, focusing on the question of whether Turkey’s drug insurance reimbursement scheme can be regarded as government procurement, which would allow Turkey’s drug production localization policy to be exempt from national treatment obligation. Both the panel (on the account that there was no ownership by the government) and the arbitrators (on the account that there was insufficient control of pharmaceutical products subject to the dispute), ruled against Turkey’s government procurement defence. In contrast, this article argues that given rising health costs and repeated global pandemics which compel governments to build up sufficient national production capability of health products to facilitate timely supply of medical products, it would be desirable to take a broad approach towards interpreting the scope of Article III:8(a) with respect to the pharmaceutical sector, granting greater policy space for member governments.\u0000pharmaceuticals, government procurement, national treatment, Article III:8(a) derogation, drug insurance reimbursement, domestic localization policy, health policy, Turkey","PeriodicalId":46019,"journal":{"name":"Journal of World Trade","volume":"1 1","pages":""},"PeriodicalIF":0.8,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41744771","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The EU 2022 International Procurement Regulation Enters in to Force Reciprocity 欧盟2022年国际采购条例生效强制互惠

IF 0.8 4区社会学

Journal of World Trade Pub Date : 2023-02-01 DOI: 10.54648/trad2023005

K. Dawar

{"title":"The EU 2022 International Procurement Regulation Enters in to Force Reciprocity","authors":"K. Dawar","doi":"10.54648/trad2023005","DOIUrl":"https://doi.org/10.54648/trad2023005","url":null,"abstract":"After ten years in the making, in 2022, the European Union adopted an International Procurement Instrument (IPI). This article examines how the 2022 IPI seeks to regulate the access of third-country economic operators, goods and services to the Union’s public procurement markets, as well as how it intends to support negotiations on access of Union economic operators, goods and services to the public procurement markets of third countries. After setting out the background to the IPI proposal, the article identifies the main features in terms of its’ scope and coverage, procedures and obligations. The article then highlights key changes in design since the IPI was originally proposed in 2012 and again in the 2016 Amended Proposal. The article assesses the potential of the IPI to meet its’ objectives without provoking retaliation or challenges from its’ trading partners or placing an undue burden on the EU procurement process and businesses. It concludes that the 2022 IPI is better suited as a political tool for encouraging negotiations than as an effective economic instrument to create a level playing field in government procurement markets.\u0000EU International Procurement Instrument (IPI), government procurement, EU trade policy, reciprocity, WTO Government Procurement Agreement (WTO GPA), WTO Article III.8 (a), protectionism","PeriodicalId":46019,"journal":{"name":"Journal of World Trade","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42708366","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The ‘Level Playing Field’ Metaphor: Revealing a Competitive Move in EU Free Trade Agreements “公平竞争环境”的隐喻:揭示欧盟自由贸易协定中的竞争举措

IF 0.8 4区社会学

Journal of World Trade Pub Date : 2023-02-01 DOI: 10.54648/trad2023004

M. Gillis

引用次数: 0