Suchergebnisse

This year witnessed the advance of a wide variety of antitrust and trade regulation theories, most of which met with little success. Of the antitrust cases, Continental Airlines waged a successful battle to eliminate carry-on baggage restrictions at Dulles Airport. Additionally, Maryland's price-setting scheme for liquor was not accorded state action immunity. On the other side of the ledger, another antitrust litigant failed to overcome the requirement that efforts to petition the government must be objectively baseless in order to meet the sham exception to the Noerr-Pennington doctrine. Difficulties in proving an antitrust injury and the intent element of a section conspiracy to monopolize claim ended another long-pitched battle over limited vermiculite resources. The Fourth Circuit treated an exclusive supply case with the same sort of back-of-the-hand treatment accorded most vertical restraint cases over the past ten years. Likewise, regardless of the statutory or regulatory scheme, dealership and franchise termination cases met with little success. Finally, while the malice requirement in the Virginia Business Conspiracy Act (the "Act") has become ingrained in Virginia jurisprudence as the legal malice standard, courts are finding other ways to dispose of these claims. In doing so, courts have enunciated a clear and convincing evidence standard for cases under the Act.

The European Union (EU) is a major importer of forest risk commodities (FRCs) and thereby bears significant responsibility for the dangerous trend of global deforestation and forest degradation. This article analyses EU action to reduce its global deforestation footprint, including current initiatives to regulate the placing on the EU market of illegally sourced timber and the European Parliament (EP)'s recent push for more ambitious legislation with respect to forest and ecosystem-risk commodities. The article sets out several justifications for stepping up EU action to regulate trade in FCRs, arguing among other things that the EU has a moral imperative to avoid being complicit in global deforestation. The article also argues that measures to reduce the EU's global deforestation footprint can, if carefully designed and applied, be compatible with the law of the World Trade Organization (WTO). The openness of the EU to cooperate with affected exporting countries can make an important contribution in this respect. The paper addresses these issues with reference to the recommendations put forward by the EP for an EU legal framework to halt and reverse EU-driven deforestation. As the European Commission moves forward with its own legislative proposal on this topic, it is important that the EP's ambitious recommendations are not overlooked.

This article contributes to the growing debate about industrial policies and subsidies, the adequacy of the rules of the World Trade Organization (WTO), and future international negotiations of industrial subsidies, using China's practices in the high-tech sector as an illustration. Through a review of China's industrial policies in the high-tech sector including the 14th Five-Year Plan (2021-2025), we show China's entrenched commitments and ambitions towards indigenous innovation, technology independence, and global leadership in key and emerging technologies especially in strategic sectors. However, we challenge the mainstream view that the existing WTO rules are inadequate to deal with Chinese subsidies. Based on a detailed analysis of the general subsidy rules and the relevant China-specific rules, we argue that the current rules create no hurdle to tackling the major types of technology subsidies in China. Any perceived deficiencies are not China-specific and can only be addressed by WTO Members via negotiations. If such negotiations are desirable, then governments should seek to leverage the impacts of the pandemic and the global (ab)use of subsidies to generate the political will needed. Drawing on existing proposals for the reform of WTO subsidy rules, we develop some general principles and approaches to facilitate future negotiations emphasizing the need to focus on targeting trade-distortive subsidies rather than China, to balance between strengthening subsidyrules and preserving policy space, to follow economic guidance and data while accommodating political considerations, and most innovatively, to shift from the 'one-size-fits-all' approach to a country-specific approach through ascheduling method whereby an Industrial Subsidy Schedule is created to record policy objectives, subsidy commitments, and exceptions of each nation.

This article contributes to the growing debate about industrial policies and subsidies, the adequacy of the rules of the World Trade Organization (WTO), and future international negotiations of industrial subsidies, using China's practices in the high-tech sector as an illustration. Through a review of China's industrial policies in the high-tech sector including the 14th Five-Year Plan (2021-2025), we show China's entrenched commitments and ambitions towards indigenous innovation, technology independence, and global leadership in key and emerging technologies especially in strategic sectors. However, we challenge the mainstream view that the existing WTO rules are inadequate to deal with Chinese subsidies. Based on a detailed analysis of the general subsidy rules and the relevant China-specific rules, we argue that the current rules create no hurdle to tackling the major types of technology subsidies in China. Any perceived deficiencies are not China-specific and can only be addressed by WTO Members via negotiations. If such negotiations are desirable, then governments should seek to leverage the impacts of the pandemic and the global (ab)use of subsidies to generate the political will needed. Drawing on existing proposals for the reform of WTO subsidy rules, we develop some general principles and approaches to facilitate future negotiations emphasizing the need to focus on targeting trade-distortive subsidies rather than China, to balance between strengthening subsidy rules and preserving policy space, to follow economic guidance and data while accommodating political considerations, and most innovatively, to shift from the 'one-size-fits-all' approach to a country-specific approach through a scheduling method whereby an Industrial Subsidy Schedule is created to record policy objectives, subsidy commitments, and exceptions of each nation.

Consistent with the recent national trend, antitrust claims in Virginia met with little success in Virginia's courts over the past two years. Not only have the number of antitrust complaints dwindled, but those that are filed are routinely dismissed on the pleadings or by means of summary judgment after discovery. Recent antitrust conspiracy actions have failed for a variety of fundamental reasons, including a lack of standing to bring the action and a lack of a multiplicity of actors capable of engaging in a conspiracy. On the whole, monopolization claims fared no better, and have been dismissed largely because of the absence of any evidence of adverse impact on competition. This article addresses federal and state legislative development and enforcement activities, and antitrust decisions of the U.S. Supreme Court, the Court of Appeals for the Fourth Circuit, and state and federal courts of Virginia for the past two years.

Can be accept a variety of viewpoints on genetically modified organism, as well as the products made using them. Therefore, the trade regulation rule base is different when considering different countries. It is noted that in particular the European Union member states formed a fairly tight trading policies of genetically modified organism and products. The article deals with analysis of the use of genetically modified products and trade regulation in the European Union. The object of research – the use of genetically modified products and trade regulation in the EU. The aim of the – of the EU's legal use of genetically modified products and their marketing of documents, it is structured. The study applied the following methods: a comparative analysis of legal documents as well as the synthesis, classification, modeling.KEYWORDS: genetically modified organisms, genetically modified products, international regulation.JEL CODES: Q17, Q18, D12DOI: http://dx.doi.org/10.15181/rfds.v13i2.822

This book explores the significance of the establishment of the World Trade Organisation (WTO), as well as some of the issues brought into sharper focus by the Seattle demonstrations of 1999. Located within the broader study of global governance, Multilateralism and the World Trade Organisation offers a critical examination of the legal framework of the WTO. The book uncovers a series of discriminatory practices embedded in the WTO's legal framework, which act to the disadvantage of smaller, developing and transitional states.

At present, the WTO's multilateral trading system faces the acute challenge of adapting to the digital and commercial economies' rapid evolution. The recent regional trade agreements embody the corresponding achievements of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), Economic Partnership Agreement (EPA), and the United States Mexico Canada Agreement (USMCA) in facilitating the free flow of data and regulating digital barriers to trade. The General Data Protection Regulation (GDPR) has also developed several new norms for promoting free data flow and protecting personal data privacy. The new regional trade agreements fulfil the digital trade threshold, prohibit delocalization by the data center and establish organized frameworks for cross-border data flow and personal privacy protection. In the negotiations on trade services agreements, China should focus on implementing a new management structure, speeding up domestic legislation and legislative reforms, and establishing a legal framework that promotes the free flow of data, fair competition, and personal information among corporations.