Trade Law Research Papers - Academia.edu (original) (raw)

The article attempts a comprehensive review of the human security concept in order to question its utility for both research and policy-making. It notes the term’s interdisciplinary and extensively normative content that have facilitated... more

The article attempts a comprehensive review of the human security concept in order to question its utility for both research and policy-making. It notes the term’s interdisciplinary and extensively normative content that have facilitated its evolution into a successful security discourse. On the other hand, human security’s wide appeal has as a side-effect an extended conceptual polysemy inhibiting the cumulation of knowledge and the development of a relevant theory. Absence of conceptual clarity has also complicated its policy implementation. The article attempts to break the deadlock and move the debate forward by using the work of John Gerring and Paul A. Barresi on concept formation as an organizing device.

Our body compulsory demands food, water and air to keep its vital functions and yet their economic nature is rather diverse with food mostly considered a private good, water suffering an accelerated privatization process and air so far... more

Our body compulsory demands food, water and air to keep its vital functions and yet their economic nature is rather diverse with food mostly considered a private good, water suffering an accelerated privatization process and air so far considered a global common good. Food has evolved from a common good and local resource to a national asset and then to a transnational commodity as the commodification process is rather completed nowadays. Cultivated food is fully privatized and this consideration means that human beings can eat food as long as they have money to but it or means to produce it. With the dominant no money-no food rationality, hunger still prevails in a world of abundance. In order to provide a sound foundation for the transition towards sustainable food systems, the very nature of food as a pure private good is contested and subsequently reversed in this paper, proposing a re-conceptualisation of food as a common good, a necessary narrative for the redesign of the dominating agro-industrial food system that merely sees food as a tradable commodity. This aspirational transition shall lead us to a more sustainable, fairer and farmer-centred food system. The idea of the commons is applied to food, deconstructing food as a pure private good and reconstructing it as an impure commons that can be better produced and distributed by a hybrid tri-centric governance system compounded by market rules, public regulations and collective actions. Several food-related elements are already considered as common goods (i.e. fish stocks, wild fruits, cuisine recipes, agricultural knowledge, food safety regulations and unpatented genetic resources) as well as food’s implications (hunger eradication) and benefits (public health and good nutrition). Should food and be consider as a commons, the implications for the governance of the global food system would be enormous, with examples ranging from placing food outside the framework agreements dealing with pure private goods, banning financial speculation on food commodities or preparing international binding agreements to govern the production, distribution and access of food to every human being.

Numerous articles have been written on economic sanctions over the past few decades. Most papers take an overall approach, focusing on the utilities and disutilities of sanctions in general or on a specific sanction. While this paper also... more

Numerous articles have been written on economic sanctions over the past few decades. Most papers take an overall approach, focusing on the utilities and disutilities of sanctions in general or on a specific sanction. While this paper also looks at general aspects of sanctions, it goes beyond the usual focus and also examines some particular aspects of economic sanctions that are often overlooked in both the economic and ethical literature. Rather than limiting itself to utilitarian aspects of sanction policy, the paper also applies other ethical approaches to evaluate whether sanctions pass the ethical test. The possibility of compensation for losses caused by the imposition of sanctions is also discussed. A bibliography with links to more than 100 articles on trade is also included. BIO Robert W. McGee is an accounting professor and best-selling novelist who has published 58 nonfiction books and more than 700 scholarly articles. He is an attorney and CPA who has lectured or worked in more than 30 countries, and has earned 13 doctorates from universities in the United States and four European countries. The Social Science Research Network has ranked him as high as #2 in the world All-Time among accounting professors and #30 in the world All-Time

The purpose of this paper is to give an overview of, set out ideas around, and raise questions on the different elements of a deliverable on environmental goods and services (EGS) from the Trade and Environmental Sustainability... more

The purpose of this paper is to give an overview of, set out ideas around, and raise questions on the different elements of a deliverable on environmental goods and services (EGS) from the Trade and Environmental Sustainability Discussions (TESSD) in the World Trade Organization (WTO). This work has benefited from collaboration with and support from the Friedrich-Ebert-Stiftung in Geneva and from comments shared by a group of various stakeholders at a meeting at Quaker House in Geneva on 2 September 2021. This is a work in progress and we welcome further comments. This is the second paper in the series on Trade and Environmental Sustainability, which also includes papers on the topics of circular economy, fossil fuel subsidy reform, and greening Aid for Trade.

This paper examines the question of whether it is ethical for company officials to use the force of government to reduce or eliminate foreign competition, using the antidumping laws as a case study. This paper begins with a brief... more

This paper examines the question of whether it is ethical for company officials to use the force of government to reduce or eliminate foreign competition, using the antidumping laws as a case study. This paper begins with a brief examination of the U.S. antidumping laws, then examines several ethical questions related to the antidumping laws. The main question to be addressed is whether, and under what circumstances, it is ethical for domestic producers to ask government to launch an antidumping investigation against a foreign competitor. Related questions to be examined include (1) Whether it is ethical to ask the government to launch an antidumping investigation even when the domestic company making the request knows that dumping has not occurred; (2) Whether it is ethical to ask for an antidumping investigation in cases where dumping (according to the definition of dumping) has occurred, where the effect is to help domestic producers at the expense of the general public. This paper will examine these questions by applying both utilitarian and non-utilitarian approaches. A bibliography with links to more than 100 articles on trade is also included. The full paper may be downloaded here. http://ssrn.com/abstract=2861273 BIO Robert W. McGee is an accounting professor and best-selling novelist who has published 58 nonfiction books and more than 700 scholarly articles. He is an attorney and CPA who has lectured or worked in more than 30 countries, and has earned 13 doctorates from universities in the United States and four European countries. The Social Science Research Network has ranked him as high as #2 in the world All-Time among accounting professors and #30 in the world All-Time among all social scientists. Various studies have ranked him #1 in the world for both business ethics and accounting ethics scholarship. He has won 19 gold medals in

In 2010, the World Bank launched Urgent: Evoke, an alternate reality game. The game, which was designed to promote the World Bank Institute’s vision of positive global change through social innovation, made substantial use of Web 2.0... more

In 2010, the World Bank launched Urgent: Evoke, an alternate reality game. The game, which was designed to promote the World Bank Institute’s vision of positive global change through social innovation, made substantial use of Web 2.0 tools like blogs, personal profiles and social networks. This article offers a case study of Urgent: Evoke that is divided into three sections: first, the unique genre of games (alternate reality games) into which Evoke falls is explained and some of the possible uses of this genre in higher education are discussed; second, the functioning of Evoke game world is explained; and third, the results of Evoke’s educational project are assessed. The case study concludes with some commentary on Evoke’s ideological message, which those less sympathetic to capitalism may view as problematic.

Uygulamada taşınmaz simsarı ile alıcı veya kiracı arasında çoğunlukla sadece yer gösterme belgesi düzenlendiği görülmektedir. Taraflar arasında ayrı bir simsarlık sözleşmesinin bulunmadığı durumlarda yer gösterme belgesinin sözleşme... more

Uygulamada taşınmaz simsarı ile alıcı veya kiracı arasında çoğunlukla sadece yer gösterme belgesi düzenlendiği görülmektedir. Taraflar arasında ayrı bir simsarlık sözleşmesinin bulunmadığı durumlarda yer gösterme belgesinin sözleşme olarak nitelendirilip nitelendirilemeyeceği önem arz eder. Zira taşınmaz simsarlığı sözleşmesi kanunen yazılı şekle tabidir. Taşınmaz gösterme belgesinin iki tarafça imzalandığı ve simsarlık sözleşmesinin asgari unsurlarını taşıdığı hallerde Yargıtay taraflar arasında geçerli bir simsarlık sözleşmesinin kurulduğunu kabul etmektedir. Bu çerçevede Yüksek Mahkeme, diğer şartların da mevcudiyeti halinde simsarın ücret hakkını elde edeceği yönünde karalar vermektedir. Yargıtay'ın bu nitelendirmesinin yerindeliği çalışmanın konusunu oluşturmaktadır.

Öz: Bir kripto para olan Bitcoin dünya çapında yaygınlaşmaktadır. Transfer edilebilen, gelir getiren ve alışverişlerde kullanılan yapısı nedeniyle Bitcoin giderek bir para ya da değişim aracı olarak algılanmakta ve kullanılmaktadır.... more

Öz: Bir kripto para olan Bitcoin dünya çapında yaygınlaşmaktadır. Transfer edilebilen, gelir getiren ve alışverişlerde kullanılan yapısı nedeniyle Bitcoin giderek bir para ya da değişim aracı olarak algılanmakta ve kullanılmaktadır. Bitcoin üzerindeki haklar ne fikrî mülkiyet ne de şahsiyet hakları arasında yer almaktadır. Bu durum, Bitcoin'in hukuken korunması ihtiyacını beraberinde getirmiştir. Çalışmamızda Bitcoin ve Bitcoin'in temelindeki teknoloji olan Blockhain'e ilişkin teknik bilgiler verildikten sonra Bitcoin özelinde kripto paralara eşya hukuku kurallarının uygulanıp uygulanamayacağı sorunu ele alınacaktır. Abstract: Bitcoin which is a cryptocurrency, is becoming widespreaded worldwide. Bitcoin is increasingly perceived and used as a money or means of exchange because of its transferable, revenue-generating and used in shopping feature. Rights on Bitcoin are neither an intellectual property right nor a personal right. This status is required legal protection for Bitcoin. In this study, focused on firstly technical informations in regard to Bitcoin and Blockchain, which is underlying technology of Bitcoin, are informed, then the question of whether the rules of property law can be applied to cryptocurrencies specific to Bitcoin will be discussed.

Since approval of the EU General Data Protection Regulation (GDPR) in 2016, it has been widely and repeatedly claimed that a 'right to explanation' of decisions made by automated or artificially intelligent algorithmic systems will be... more

Since approval of the EU General Data Protection Regulation (GDPR) in 2016, it has been widely and repeatedly claimed that a 'right to explanation' of decisions made by automated or artificially intelligent algorithmic systems will be legally mandated by the GDPR. This right to explanation is viewed as an ideal mechanism to enhance the accountability and transparency of automated decision-making. However, there are several reasons to doubt both the legal existence and the feasibility of such a right. In contrast to the right to explanation of specific automated decisions claimed elsewhere, the GDPR only mandates that data subjects receive limited information (Articles 13-15) about the logic involved, as well as the significance and the envisaged consequences of automated decision-making systems, what we term a 'right to be informed'. Further, the ambiguity and limited scope of the 'right not to be subject to automated decision-making' contained in Article 22 (from which the alleged 'right to explanation' stems) raises questions over the protection actually afforded to data subjects. These problems show that the GDPR lacks precise language as well as explicit and well-defined rights and safeguards against automated decision-making, and therefore runs the risk of being toothless. We propose a number of legislative steps that, if taken, may improve the transparency and accountability of automated decision-making when the GDPR comes into force in 2018.

Adi şirket " adıyla anılan; ancak 6098 sayılı TBK' da da belirtildiği üzere ve kanaatimizce en doğru adıyla " adi ortaklık " 2 günümüz ticaret hayatında önemli rol oynamaktadır. Tüzel kişiliği haiz ticaret şirketlerinin oluşturdukları iş... more

Adi şirket " adıyla anılan; ancak 6098 sayılı TBK' da da belirtildiği üzere ve kanaatimizce en doğru adıyla " adi ortaklık " 2 günümüz ticaret hayatında önemli rol oynamaktadır. Tüzel kişiliği haiz ticaret şirketlerinin oluşturdukları iş ortaklıkları ile gerçek kişilerin bir araya gelerek kurdukları ortaklıklar sıklıkla karıştırılmaktadır. Bu ortaklık yapısı ile işletilen ticari işletmelerin ticaret siciline tescili olgusu mevzuat hükümlerinde yeterli açıklıkta bulunmamakta ve bu nedenle uygulama so-runları ortaya çıkmaktadır. Adi ortaklıkların çeşitli şekillerde karşımıza çıkması belirgin bir ayrım yapılmasını gerekli kılmaktadır. Bu nedenle, gerçek ve tüzel kişi ortaklıkların tanımlarının yapılması ve hukuki statülerinin açıkça belirlenmesi gerekmektedir. Adi ortaklık yapısı ile kurulan ticari işlet-melerin ticaret siciline tescil edilmekle, ticari işletme sayılıp sayılmayacağı konusu, TTK bağlamında birleşme, tür değişikliği ve ticari işletmelere tanınan haklara sahip olup olamayacağı hakkında belir-gin rol oynamaktadır. TTK' da " adi şirket " şeklinde ele alınan " adi ortaklık " kavramının, hukuksal fayda ve boyut açılarından tartışılması gerekmektedir. Bu makalede adi ortaklık çeşitleri, " adi şirket " kavram sorunu ve ticaret şirketlerinin tüzel kişiliği bulunmayan bir ortaklık yapısı ile işlettikleri ticari işletmelerin uygulamadaki yeri hukuksal açıdan açıklanmaya çalışılmış, özellikle talep halinde ticaret siciline tescil 3 edilen tüzel kişilerden oluşan adi ortaklık işletmeleri ve ticaret siciline tescili olgusu bu bağlamda incelenmiştir

John Maynard Keynes was certainly the most famous and arguably the greatest political economist of the twentieth century. His seminal publication, The General Theory of Employment Interest and Money, published in 1936, changed economics... more

John Maynard Keynes was certainly the most famous and arguably the greatest political economist of the twentieth century. His seminal publication, The General Theory of Employment Interest and Money, published in 1936, changed economics irrevocably. Unfortunately, Keynes was not well-served by his followers, and much of his bold vision is missing from standard textbook treatments of his work. This essay sets the record straight by having four key objectives. First, as context, it provides a biographical sketch of Keynes achievements and the ‘interesting’ times which he experienced, the single most important event being the Great Inter-War Depression. Second, as further context, it introduces the essentials of the classical orthodoxy, the pre-Keynesian macro-economic theory of how economic society worked, and its conservative policy agenda, from which Keynes departed. Third, the core of the essay, it faithfully explains the key concepts and ideas of his new workable classification in which effective demand was the driving force, and the many-layered policy programme known as the Middle-Way, which he fashioned over time to meet the challenges posed by the Great Depression, World War 2 and the post-war world. Lastly, it sets-out the reasons why Keynes can be described as one of the greats of political economy.

Droit des sociétés - commentaire d'arrêt - Cass., civ. 1 (21 mars 2000) Problématique : un associé d’une société civile professionnelle qui a consenti à une répartition inégale des bénéfices de la société contraire aux statuts, peut-il... more

A rapid scale-up and deployment of sustainable energy sources is a critical for climate change mitigation. Expanding sustainable energy, however, requires a holistic approach to global energy governance. The Energy Charter Treaty and the... more

A rapid scale-up and deployment of sustainable energy sources is a critical for climate change mitigation. Expanding sustainable energy, however, requires a holistic approach to global energy governance. The Energy Charter Treaty and the World Trade Organization are two important regimes that affect trade and investment activity in the energy sector, with consequent implications for climate change mitigation efforts. This paper examines the evolution of the relationship between both institutions, aims to identify the nature of the ever-changing nexus between the two treaties and discusses three possible scenarios for their interaction with an eye to strengthening future energy governance.

In September 2006, a WTO dispute settlement panel issued its long-awaited decision in favor of the United States in the dispute between the U.S. and the European Union over genetically modified organisms (GMOs). The ruling was based on... more

In September 2006, a WTO dispute settlement panel issued its long-awaited decision in favor of the United States in the dispute between the U.S. and the European Union over genetically modified organisms (GMOs). The ruling was based on narrow procedural grounds, and did not resolve the controversy over the safety of GMOs, over the right of countries to regulate GMOs more stringently than conventional products, or over the consistency of the EU's GMO regulatory regime with WTO requirements. The debate over GMOs continues unabated. Unfortunately, the high profile dispute between the U.S. and the EU has eclipsed the important debate in the developing world over the socioeconomic implications of this technology. While scientific uncertainty continues to impede efforts to reach consensus on the human health and environmental impacts of GMOs, the socioeconomic perils of biotechnology in developing countries are becoming increasingly evident. Regrettably, the trade and environmental agreements governing the transboundary movement of GMOs privilege science as the arbiter of trade disputes to the exclusion of other forms of normative discourse. With limited exceptions, socioeconomic considerations may not be used to justify GMO trade restrictions. Using environmental justice as an analytical framework, this article examines the unique risks and benefits of biotechnology for developing countries, and places the debate over biotechnology in the context of the historic and ongoing controversy between developed and developing countries over the rules governing trade in conventional agricultural products. It concludes by proposing alternative regulatory strategies designed to ensure that international trade law promotes rather than frustrates environmental protection, the human right to food, and the promotion of sustainable economic development.

Bilateral Investment Treaties

Our body compulsory demands food, water and air to keep its vital functions and yet their economic nature is rather diverse with food mostly considered a private good, water suffering an accelerated privatization process and air so far... more

Our body compulsory demands food, water and air to keep its vital functions and yet their economic nature is rather diverse
with food mostly considered a private good, water suffering an accelerated privatization process and air so far considered a
global common good. Food has evolved from a common good and local resource to a national asset and then to a
transnational commodity as the commodification process is rather completed nowadays. Cultivated food is fully privatized
and this consideration means that human beings can eat food as long as they have money to but it or means to produce it.
With the dominant no money-no food rationality, hunger still prevails in a world of abundance. In order to provide a sound
foundation for the transition towards sustainable food systems, the very nature of food as a pure private good is contested and
subsequently reversed in this paper, proposing a re-conceptualisation of food as a common good, a necessary narrative for the
redesign of the dominating agro-industrial food system that merely sees food as a tradable commodity. This aspirational
transition shall lead us to a more sustainable, fairer and farmer-centred food system. The idea of the commons is applied to
food, deconstructing food as a pure private good and reconstructing it as an impure commons that can be better produced and
distributed by a hybrid tri-centric governance system compounded by market rules, public regulations and collective actions.
Several food-related elements are already considered as common goods (i.e. fish stocks, wild fruits, cuisine recipes,
agricultural knowledge, food safety regulations and unpatented genetic resources) as well as food’s implications (hunger
eradication) and benefits (public health and good nutrition). Should food and be consider as a commons, the implications for
the governance of the global food system would be enormous, with examples ranging from placing food outside the
framework agreements dealing with pure private goods, banning financial speculation on food commodities or preparing
international binding agreements to govern the production, distribution and access of food to every human being.

The U.S. steel industry has a long history of being protected, first when it was an infant industry in 1791 and later as it became a mature industry and needed breathing room to allow it to restructure so that it could compete against... more

The U.S. steel industry has a long history of being protected, first when it was an infant industry in 1791 and later as it became a mature industry and needed breathing room to allow it to restructure so that it could compete against more efficient foreign producers. In recent years the steel industry has resorted to antidumping laws to ward off foreign competition. In the first quarter of 2002, President Bush imposed tariffs of up to 30 percent on foreign steel producers in many countries, including those in East Asia. This tariff, which was the result of a finding that some foreign steel companies had dumped their steel on the American market, may be the first shot in what might become a trade war. A number of countries have filed protests with the WTO seeking compensation for the tariff and some countries have already taken retaliatory measures. These recent trade actions have a ripple effect throughout the East Asian countries, including Korea, and the world. For example, if the United States market becomes closed to the steel companies in the EU, those steel companies will have to try to sell more steel within the EU at a time when Chinese, Korean and Japanese steel companies will also be trying to penetrate the EU market to make up for lost American sales. This paper will explore some of these issues, with an emphasis on the effects that steel protectionism in the United States will have on their industries and their economies. A different version of this paper was first published in 2002 and was reprinted in 2009. The present version includes a bibliography on trade, including links to more than 100 studies on trade.