Trade, law, and Development. Volume 4, Number 2, 2012 | Perpustakaan Universitas Bhayangakara Jakarta Raya
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Informasi Detil
| Volume |
Vol. 4, No. 2, 2012
|
|---|---|
| Penerbit | The Registrar : Jodhpur., 2012 |
| ISSN |
0976-2329
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| Subyek |
Artikel Jurnal
| Judul | Abstract | Halaman |
|---|---|---|
| Human rights and international economic law | The customary methods of international treaty interpretation and dispute settlement, as codified in the Vienna Convention on the Law of the Treaties, require interpreting treaties and settling disputes in conformity with the principles of justice and international law, including human rights and fundamental freedoms for all (Preamble, VCLT). As all member states of the United Nation (UN) have human rights obligations, this article explores the impact of human rights on legal methodology, on the justification of international economic regulation, and on promoting human rights coherence of international economic law (IEL) as well as synergies between IEL and human rights law (HRL). | 283-314 |
| Invesment treaty breach as internationally proscribed conduct: Shifting scope, evolving objectives, recalibrated remedies? | The notion of internationally proscribed conduct has evolved dramatically, so it is no longer limited to outrageous and egregious incidences of state interference with foreign investments, vastly increasing the exposure of host states to the risk of having to meet claims for monetary loss. The resulting widening in the scope of state responsibility before investors necessitates revisiting the validity of the grand bargain underlying the use of monetary remedies in international investment law. | 315-352 |
| Doha rounds negotiations: Problems, potential outcomes, and possible implications | All three possibilities may take the WTO yield to protectionist pressures, with sweeping implications for the multilateral trade regime. Against this backdrop, this article analyses the nature of the Doha Round Negotiations; its potential outcomes, and possible implications for the multilateral trading system. The Article examines various means to prevent the WTO from losing its credibility as a negotiating forum, and suggest improvements in negotiation methodology to conclude the Doha Round successfully in the future. | 353-384 |
| Challenges in intellectual property governance: Providing the right incentives in the quest for global innovation | The notion of governance is increasingly applied to the field of intellectual property. In this note, I explore how countries should make policy decisions in this key area, by keeping their focus on the promotion of domestic innovation while minimizing negative welfare impacts. The later objective was well known when the TRIPS Agreement was negotiated in the 1990, but the former, much less apparent. In this note, I consider recent research on innovation can work together, and specifically ways in which governments can incentivize the quest for innovation. I also discuss problems associated with the creation of incentives, including patent trolls and ways in which intellectual property might binder full use of the internet as an innovation vector. | 385-399 |
| A note on the appellate body report in the Chinese minerals export restrictions case | Until recently, export restrictions by countries producing natural resources have not been the subject of much discussion in WTO jurisprudence. However, the situation is changing rapidly due to the prospect of an increasing scarcity of natural resources. The Appellate body (AB) in the Chinese minerals dispute handed down a decision upholding most of the panel rulings and reversing some. | 400-420 |
| A balancing act: Using WTO dispute settlement to resolve regional trade agreement disputes | This proposal encourages increased engagement and interaction between the two systems and in doing so, creates a path for de facto convergence in trade law jurisprudence. The key strengths of both systems -- a robust judicial mechanism provided by the WTO and a dynamic source of international trade law provided by the ever-expanding network of RTA -- are aligned. | 421-450 |