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Trade, Globalization and Sustainability Impact Assessment: A Critical Look at Methods and Outcomes
by Paul Ekins Tancrede VoituriezTrade liberalization, as promoted by the World Trade Organization (WTO), has become one of the dominant drivers and most controversial aspects of globalization. Trade sustainability impact assessments (SIAs) were introduced as a means of generating better understanding especially of the social and environmental impacts of trade liberalisation, and of making those impacts more consistent with sustainable development. This book takes a hard look at the experience of Trade SIAs to date, and the extent to which they have achieved their objectives and improved the outcomes of trade negotiations. It proposes several ways in which Trade SIAs could be made more effective, and illustrates these in respect of controversial sectors in which trade liberalisation has been implemented or proposed, including commodities, services and investment. Finally the book makes proposals beyond SIA through which some of the conflicts between trade liberalization and sustainable development could be more effectively addressed. Written by top researchers and experts on trade SIAs, this book is vital for researchers, academics, post-graduate students and policy makers working on any aspect of impact assessment, international trade or globalisation more generally. In addition, the book will provide a particularly useful background for those considering how the environment and trade interrelate at both global and regional levels, with some particular insights on climate change and trade policies.
Trade Governance in the Digital Age
by Mira Burri Thomas CottierThe development of new digital technologies has resulted in significant transformations in daily life, from the arrival of online shopping to more fundamental changes in the ways we work and communicate. Many of these changes raise questions that transcend market access and liberalisation, and demand cooperation and coherent regulatory design. International trade regulation has hitherto not reacted in a forward-looking manner to the digital revolution and, particularly at the multilateral level, legal engineering has yielded few tangible results. This book examines whether WTO laws possess the necessary flexibility and resilience to accommodate the changes brought about by burgeoning digital trade. By revealing both the potential and the limitations of the WTO framework, it provides a broad picture of the interaction between digital technologies and trade regulation, links the often disconnected discourses of international trade law, intellectual property and cyberlaw and explores discrete problems in different domains of global trade regulation.
Trade, Health and the Environment: The European Union Put to the Test (Routledge Explorations in Environmental Studies)
by Marjolein van Asselt Michelle Everson Ellen VosThe trade conflicts that the EU has faced within the EU or WTO context demonstrate that the question of how to balance trade and other societal values in situations of uncertainty has not been solved by the regulatory model evolved by the EU in the aftermath of the BSE crisis – one which privileges processes of depoliticisation and scientification. This book addresses the current key dilemmas around science, law and the regulation of trade, both on a regime level and in the context of particular industrial sectors, e.g pharmaceuticals, climate change and nanotechnology. It will present possible future research avenues by looking at both theory and practice and learning from various disciplines (law and social sciences), legal realities (WTO, USA and EU) and actors (regulators, stakeholders, courts).
Trade in Health Services in South Asia: An Examination of the Need for Regional Cooperation
by Arindam BanikThis book observes that an in-depth study exclusively focusing on health service trade not only strengthens the overall services trade capacity of the South Asian region, but also promotes global as well as regional trade. There is a dearth of analytical research on estimating barriers to trade in health services, particularly in the context of South Asia, and as such, this book assesses the potential benefits and economic costs of barriers to trade in health services in select South Asian economies. It also analyzes the impact of liberalization and regulatory reforms on economic welfare. It broadly addresses issues relating to trade in health services, the GATS (General Agreement on Trade in Services), such as: Why are the current levels of trade in health services low? How will the GATS legally affect a country’s health policy? What effect might liberalization have on national health systems? And what are the likely benefits of greater trade in health services? It also provides specific answers to the following questions: Does the substantial role of the government in health – as health service provider, financial supporter, regulator and promoter – have implications for the treatment of the sector under the GATS? What is the impact of liberalization of international trade in health services on the quality and availability of health services in developing SAARC countries? Given the importance of consumption abroad for trade in health services, and the gradual opening of health markets through Modes 1 and 3 (cross-border supply and commercial presence), how can problems associated with trade in these Modes be prevented? And are these problems sufficiently addressed by GATS disciplines? Answers to these questions will be of great use to researchers, policy makers as well as practitioners and NGOs of South Asia.
Trade in Knowledge: Intellectual Property, Trade and Development in a Transformed Global Economy
by Antony Taubman Jayashree WatalTechnological change has transformed the ways knowledge is developed and shared internationally. Accordingly, in the quarter-century since the WTO was established, and since its Agreement on Trade-Related Aspects of Intellectual Property Rights came into force, both the knowledge dimension of trade and the functioning of the IP system have been radically transformed. The need to understand and respond to this change has placed knowledge at the centre of policy debates about economic and social development. Recognizing the need for modern analytical tools to support policymakers and analysts, this publication draws together contributions from a diverse range of scholars and analysts. Together, they offer a fresh understanding of what it means to trade in knowledge in today's technological and commercial environment. The publication offers insights into the prospects for knowledge-based development and ideas for updated systems of governance that promote the creation and sharing of the benefits of knowledge.
Trade, Migration and Law: Free Movement of Persons in the Southern African Development Community (Routledge Research in International Economic Law)
by Victor T. AmadiThis book explores how law and policy makers within the Southern African Development Community regional structure might reform the legal and regulatory frameworks to best capitalise the benefits of the movement of people, drawing lessons from other experienced jurisdictions by critically engaging with the regulatory efforts and approaches in regions such as the European Union, the Economic Community of West African States, and the East African Community to propose a revised approach to migration governance and practice in the SADC. Deeper regional integration allows citizens to move freely across national boundaries, and services are a rising component of global trade and investment. However, global trade in services is stifled by barriers at and behind the border. These barriers make it difficult for service providers from developing regions to access key markets in their preferred modes of service trade. Against this background, this book aims to take the discussion on furthering regional integration and trade through the movement of people by tackling issues on stringent immigration policies, arguing that having a vibrant and rewarding trade in services will require an approach towards the unrestricted movement of persons.
Trade-Offs: An Introduction to Economic Reasoning and Social Issues
by Harold WinterWhen economists wrestle with issues such as unemployment, inflation, or budget deficits, they do so by incorporating an impersonal, detached mode of reasoning. But economists also analyze issues that, to others, typically do not fall within the realm of economic reasoning, such as organ transplants, cigarette addiction, overeating, and product safety. "Trade-Offs "is an introduction to the economic approach to analyzing these controversial public policy issues. Harold Winter provides readers with the analytical tools needed to identify and understand the trade-offs associated with these topics. By considering both the costs and benefits of potential policy solutions, Winter stresses that real-world decision making is best served by an explicit recognition of as many trade-offs as possible. This new edition incorporates recent developments in policy debates, including the rise of "new paternalism," or policies designed to protect people from themselves; alternative ways to increase the supply of organs available for transplant; and economic approaches to controlling infectious disease. Intellectually stimulating yet accessible and entertaining, "Trade-Offs" will be appreciated by students of economics, public policy, health administration, political science, and law, as well as by anyone who follows current social policy debates.
Trade Policy between Law, Diplomacy and Scholarship
by Christoph Herrmann Bruno Simma Rudolf StreinzThis book presents 22 topical contributions on international trade law and policy, with a particular focus on EU external trade law, addressing countries ranging from Ukraine to Switzerland and the US (TTIP) and aspects from trade and IPRs to anti-dumping. The volume constitutes a state-of-the-art treatment of the many facets of trade policy in the 21st century from legal, diplomatic and academic standpoints. The book is dedicated to the memory of Horst Günter Krenzler, former Director General for External Relations for the European Commission and Chief Negotiator for the European Union in many trade negotiations, honorary professor of European Union law at the University of Munich and an of counsel with Freshfields' Brussels office after retirement from the Commission.
Trade Policy Issues
by Chorng-Huey Wong Naheed KirmaniThe continued drift toward protectionism poses a threat to the balanced expansion of world trade in the medium term and to the prospects for suśtaining economic recovery. In the past several years, most industrial countries have become more protectionist than before, despite the continued tariff cuts of the Tokyo Round and limited instances of liberalization of nontariff barriers.
Trade Policy Issues and Developments
by Shailendra J. Anjaria Naheed Kirmani Arne B. PetersenThe continued drift toward protectionism poses a threat to the balanced expansion of world trade in the medium term and to the prospects for suśtaining economic recovery. In the past several years, most industrial countries have become more protectionist than before, despite the continued tariff cuts of the Tokyo Round and limited instances of liberalization of nontariff barriers.
Trade Preference Erosion
by Will Martin Bernard M. Hoekman Carlos Alberto Primo BragaThe multilateral trade system rests on the principle of nondiscrimination. Unilateral trade preferences granted by developed countries can help beneficiary countries but can create tensions between 'preferred' developing countries-typically beneficiaries from pre-existing colonial regimes-and other developing countries. There is also concern about the potential erosion of these preferences through trade liberalization in the importing countries, an issue that has been important in the current negotiations under the Doha Development Agenda of the World Trade Organization. 'Trade Preference Erosion' provides the information needed to make informed assessments of the benefits of trade preferences for developing countries, the risks associated with the erosion of these benefits, and policy options for dealing with these problems. The authors provide detailed analyses of specific preference programs and undertake cross-country, disaggregated analyses of the impact of preferences at the product level. Understanding the likely impacts of these programs and how those impacts are distributed is a precondition for formulating appropriate policy responses. The authors argue that such responses need to go beyond trade policies and need to include a focus on enhancing the competitiveness and supply-side capacity of developing countries. This book is a useful and informative guide for policy makers, non-governmental organizations, and others who wish to better understand the debate on the magnitude and impact of preference erosion.
Trade Secrets: Intellectual Piracy and the Origins of American Industrial Power
by Doron S. Ben-AtarDuring the first decades of America's existence as a nation, private citizens, voluntary associations, and government officials encouraged the smuggling of European inventions and artisans to the New World. At the same time, the young republic was developing policies that set new standards for protecting industrial innovations. This book traces the evolution of America's contradictory approach to intellectual property rights from the colonial period to the age of Jackson. During the seventeenth and early eighteenth centuries Britain shared technological innovations selectively with its American colonies. It became less willing to do so once America's fledgling industries grew more competitive. After the Revolution, the leaders of the republic supported the piracy of European technology in order to promote the economic strength and political independence of the new nation. By the middle of the nineteenth century, the United States became a leader among industrializing nations and a major exporter of technology. It erased from national memory its years of piracy and became the world's foremost advocate of international laws regulating intellectual property.
Trade Secrets and Employee Mobility: In Search of an Equilibrium (Cambridge Intellectual Property and Information Law #44)
by Magdalena KolasaIn the increasingly knowledge- and innovation-based economy in which the mobility of the workforce is vital, employees and ex-employees are considered to be one of the biggest threats to the existence of trade secrets. The interests of the former parties to the employment relationship are contradictory: employers want to safeguard their competitive position by limiting use of information, and employees want to use that information to pursue their professional career. Magdalena Kolasa analyses existing guidelines that determine the extent to which former employees may use information learned during service. She proposes criteria for a balanced enforcement of trade secrets, discussing the statutory and implicit confidentiality duties, contractual protection, and remedies. Drawing from the laws of Germany, UK, and USA, and considering the EU Trade Secrets Directive, this book advocates an approach which recognises the value and functions of trade secrecy both within companies and in the context of public policy.
Trade Secrets Legal Protection: From a Comparative Analysis of US and EU Law to a New Model of Understanding (Munich Studies on Innovation and Competition #19)
by Luc Desaunettes-BarberoDespite the economic relevance of trade secrets, their legal protection is not based on a robust theoretical corpus, and a large uncertainty remains regarding how they should be legally apprehended. The present book investigates the foundations of their legal protection by assessing its justifications and aims to define how this legal apprehension should be organized.The book starts with a comparative analysis of the US and the EU legal frameworks. It demonstrates the parentship existing between the two systems of protection and highlights that the incremental structuring of trade secrets protection has led to legal systems lacking broad-based conceptual foundations. In both legal orders, trade secrets rely on blurred protection, formally anchored in unfair competition, the strength of which, however, comes closer to that offered by intellectual property law. In this convoluted architecture, the judiciary is required to play a decisive role, especially at the enforcement stage. However, the absence of clarity concerning the telos of trade secrets protection leads to legal uncertainty, potentially incoherent enforcement, and, all in all, to inefficient outcomes from a welfare perspective.The book then explores a theoretical framework based on a distinction between two legal objects: the undertakings’ secret sphere and secret pieces of information. Securing the undertakings’ secret sphere appears as a condition for the competition process to happen in an economy working under structural uncertainty. It requires objective regulations enforced by public authorities. On the other hand, the legal apprehension of secret pieces of information should be considered as falling within the realm of immaterial goods regulation aiming to solve the deficit of marketability of this type of good. This might call – after conducting a careful policy trade-off – for the establishment of relative (i.e. inter partes) subjective rights.
Trade, the WTO and Energy Security
by Sajal MathurThe linkages between WTO rules governing trade and energy security with a certain degree of focus on India are the main subject of this book. The edited volume brings together the views of academics, policymakers and experts with extensive experience covering WTO and international trade issues. The issues examined include mapping the linkages between trade and energy security in the WTO agreements, case law, accession and Doha negotiations; assessing the issues that could be raised by energy deficit or energy surplus countries at the WTO; analyzing the provisions of the ECT and NAFTA vis-à-vis the Indian policy framework and examining the trade regimes of selected OPEC members and other major suppliers of fossil fuels to India. While the Indian perspective is evident in the contributions, this book will also be of interest to an international audience, as trade, the WTO and energy security are global concerns and of relevance to all practitioners and academics working on these issues.
The Trade Trap: How To Stop Doing Business with Dictators
by Mathias DöpfnerGlobal business leader Mathias Döpfner offers a revolutionary roadmap to reshape global trade, strengthen our democracy, and safeguard our freedoms.Freedom is on the decline around the world. Autocrats in Europe, Asia, and the Mideast are undermining our open societies, human rights, and the rule of law. The Russian invasion in Ukraine was a wake-up call for the West, but the biggest threat remains China. For two generations, Americans and Europeans have believed that change will come through trade, but instead of dictatorships becoming more like Western democracies, unfettered free trade has strengthened our enemies and undermined our countries. We are caught in a trade trap, faced with the decision to choose either opportunism and submission or opposition and emancipation. In The Trade Trap, one of the world&’s most powerful business leaders traces the rise and costs of Western dependency on China and Russia. And he suggests a radical new approach to free trade: The establishment of a new values-based alliance of democracies. Membership is based on the adherence of three very simple criteria: the rule of law, human rights, and sustainability targets. Countries that comply with these criteria can engage in tariff-free trade with others. Those who don&’t will pay prohibitive tariffs. Sharing the author&’s encounters with major global figures including Vladimir Putin, Recep Tayyip Erdogan, George W. Bush, Angela Merkel, Jack Ma, and more, The Trade Trap offers personal insight into the dangerous consequences of doing business with autocrats along with a bold proposal for a values-based trade policy.
Trade Union Finance: How Labor Organizations Raise and Spend Money (Routledge Studies in Labour Economics)
by Marick F. Masters Raymond GibneyThere are few contemporary studies on the finances of unions. Indeed, little research exists on the internal operations of unions in the U.S. This book provides a comprehensive analysis of the financial resources and performance of the largest national unions. It discusses the theoretical and practical relevance of the topic, which goes directly to the formation, maintenance, and potential advancement of labor organizations. Financial capacity and performance create incentives for unions to mobilize at the grassroots level and launch major drives to improve their position in society. Understanding how unions raise and spend money provides insight as to their administrative orientation and organizational capacity. Given its topical breadth and depth, the book stands apart from the extant literature on unions in society. It is unique in the range of financial information presented, how data are analyzed, and its treatment of such important matters as compensation and benefits; operating budgets; political activism as measured by expenditures from treasury-based funds and political mechanisms funded by members through voluntary donations. The authors show not only the scope of union financial wherewithal and how it varies across labor organizations but also how such indicators compare to corporate entities who employ the rank-and-file. The book provides a wealth of information on how to analyze the finances of unions and to use this information to prepare for collective bargaining and other aspects of labor-management relations. It informs employers and other observers about how unions are able to represent members and their ability to withstand strikes.
Trade Unions and Regions: Better Work, Experimentation, and Regional Governance (Routledge Studies in Employment and Work Relations in Context)
by Christian LévesqueTrade Unions and Regions: Better Work, Experimentation, and Regional Governance is about the place of workers and their unions in the modern world. It addresses current challenges for unions working in regions and the experiments that may take place at this level of governance. The book addresses pressing questions concerned with the conditions for better work and a humane society. The focus is on the capacities of unions to address questions relating to regional governance, in both supranational and sub-national regions. It examines workers and their unions in a variety of contexts: multinationals, industries, workplaces, and communities. The authors address the experiments that can be initiated by unions, governments, or employers and the ways in which collective organisations engage to address these matters in regional contexts. The analysis takes as a starting point the fracturing and divisions evident in various regions, in Australia, Canada, Mexico, Spain, the United Kingdom, and USA. The contributors propose novel analyses with lessons for unions. It should be of interest to union activists and leaders, political parties, governments, and those who make decisions in and about regions. Researchers and students of labour markets, political mobilisation, and employment relations will take the analyses further.
Tradecraft Primer: A Framework for Aspiring Interrogators
by Paul Charles TopalianTradecraft Primer: A Framework for Aspiring Interrogators is a timely and relevant reference manual for a new generation of professionals as we enter a new era in our nation‘s interrogation programs. A must-read for anyone thinking of entering the interrogation profession, whether in law enforcement, the military, or intelligence, it provides fresh
Trademark: Legal Care for Your Business and Product Name (6th edition)
by Stephen EliasWith the advent of the Internet, small business owners and innovators of every stripe need to be ever-watchful when choosing and protecting their names, logos, packaging and slogans. Fortunately, there's help.
Trademark: Legal Care for Your Business & Product Name, 9th Edition
by Stephen EliasProtect the marks that mean everything to your business. Trademarks -- the names and symbols that identify your business, brand and products in the marketplace -- are important assets that you need to choose carefully, then vigilantly defend. You can protect: business names product names product packaging logos slogansv domain names anything that identifies your company, product or service! With Trademark , you get the most up-to-date information you need to defend your creations. Learn how to: choose marks that competitors can't copy search for other marks that might conflict with yours register a name or other mark protect and maintain your marks' legal strength understand and resolve disputes outside the courtroom Thoroughly updated, the 9th edition of Trademark provides the most current information on domain names, changes to trademark statutes and case law, and the latest registration processes.
Trademark: Legal Care for Your Business & Product Name
by Stephen FishmanWith the advent of the Internet, even small businesses now operate at a national level. While that's great for commerce, it can also open up a hornet's nest of trademark issues. Business owners and startups need to be careful not to infringe on other trademarks when selecting the name of their businesses, products, and services. And, they must be vigilant about protecting their trademarks from infringing use by others. Fortunately, there's help. Trademark provides a step-by-step guide on how to: choose a distinctive name that competitors can't copy search for existing marks that might conflict with yours register a trademark with the U.S. Patent and Trademark Office protect and maintain your trademark, and resolve trademark disputes swiftly and outside the courtroom. This edition of Trademark provides the most current information on trademark statutes and case law, and the latest registration processes, including online registration. Plus, you'll get a fully up-to-date glossary of trademark terms and FAQs on the most common trademark questions.
Trademark: Legal Care for Your Business & Product Name
by Stephen FishmanProtect your business name and logo! Your business name, the names of your key products, and your logos, packaging, and slogans—all of these can function as trademarks that distinguish your business and its services and products. So it’s important to choose your marks carefully and protect them vigilantly. Here, you’ll find the most up-to-date information on how to select and protect a great trademark. Learn how to: choose trademarks that distinguish you from competitors search for marks that might conflict with your own register your mark with the U.S. Patent and Trademark Office protect your marks from unauthorized use by others resolve trademark disputes outside the courtroom, and create an Internet presence and secure a domain name. Includes step-by-step instructions on how to register and maintain your trademark with the federal government. Thoroughly updated, the 12th edition includes the latest laws and court cases, including the U.S. Supreme Court’s decision to allow registration of a “disparaging” phrase.
Trademark: Legal Care for Your Business & Product Name, 10th Edition
by Richard Stim Stephen EliasProtect your trademark, protect your business. Trademarks the names and symbols that identify your business, brand, and products in the marketplace are important assets that you need to choose carefully and vigilantly defend. Using the information in this all in one reference, you'll learn how to protect: - business names - product names - product packaging - logos - slogans - domain names - anything that identifies your company, product, or service Trademark provides you with the plain English explanations and step by step instructions you need to navigate the requirements of the U.S. Patent & Trademark Office (USPTO) and successfully register your unique mark. Learn how to: - choose marks that competitors can't copy - search for existing marks that might conflict with yours - register a name or other mark with the USPTO - protect and maintain your marks' legal strength - keep your mark safe from infringement - understand and resolve trademark disputes outside the courtroom This edition of Trademark provides the most current information on trademark statutes and case law, and the latest registration processes, including online registration. Plus, you'll get a fully up to date glossary of trademark terms and FAQs from Dear Rich, co author Richard Stim's popular intellectual property blog.
Trademark Dilution: The Protection of Reputed Trademarks Beyond Likelihood of Confusion
by Amir FriedmanThe world has changed materially since the foundation of traditional trademark laws, according to which the purpose of a trademark was to serve as a differentiating source indicator, preventing source confusion in the marketplace. Traditionally, trademarks protected the public from likelihood of confusion, assisted in consumer decisions and reduced search costs. The need to award a special scope of protection to famous trademarks from use on non-competing goods was first discussed in Kodak in 1898, holding that the use of the word Kodak for a bicycle company does not mislead consumers but takes unfair advantage of reputation. However, the most significant point in the evolution of dilution, in its early stages, was the case of Odol decided in 1924, which was the first to acknowledge the need to protect the advertising power of trademarks from being diluted, even in the absence of a likelihood of confusion. This book will provide that dilution is a ‘sui generis’ brand remedy applicable to reputed trademarks in accordance to their aggregated inherent and acquired strength. The book will address the non-harmonised nature of dilution, which reflects a problem in an age of borderless trade and cyber commerce and emphasises the need to answer the question: To what extent should reputed trademarks be protected by dilution beyond the traditional trademark protection from likelihood of confusion? The book includes a proposal for an operative legal framework based on conclusions and distinctions derived from the comparison of dilution, as adopted and interpreted in different areas of the world, comparative case studies and comparison with neighbouring legal rights, such as Tort Law, Unfair Competition, Moral Rights, Equitable Rights, Publicity Rights and Unlawful Enrichment.