International Law and Trade Bridging the East-West Divide PDF
Preview International Law and Trade Bridging the East-West Divide
Sylvia Mercado Kierkegaard (ed.) International Law and Trade Bridging the East-West Divide International Law and Trade Conference May 10- 11, 2007 Proceedings International Law and Trade: Bridging the East-West Divide ISBN13: 978-87-991385-2-4 ISBN10: 87-991385-2-2 International Law and Trade Bridging the East-West Divide Ed. by Sylvia Kierkegaard International Law and Trade Ankara Barosu Yaynlar (Ankara Bar Association Press) 1000 Adet baslm tr. (1000 copies) 1.Bask /1. Edition Telif Hakk © 2007 Iinternational Association of IT Lawyers (IAITL) Bu kitap Ankara Barosu tarafndan bastrlp da tlm tr. Her bir makalenin telif hakk eserin yazarna ait olup, yazarlarn görü leri Ankara Barsounu ba lamaz. This book has been printed and distributed by the Ankara Bar Association. Views expressed by the writers are not binding on the Ankara Bar Association. leti im Adresi; (Contact) Ankara Barosu Ba kanl Ankara Adalet Saray Kat:5 (06100) Shhiye Ankara Tel : +90 312 310 55 26 Faks : +90 312 309 22 37 E-Posta : [email protected] Web : www.ankarabarosu.org.tr Bask /printing : Teknoform Basm Yaym Da tm Ltd. ti. Tel : +90 312 478 03 55 International Law and Trade: Bridging the East-West Divide Revised Edition ISBN13: 978-87-991385-2-4 ISBN10: 87-991385-2-2 All rights reserved . No part of this publication may be reproduced , stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical ,photocopying, recording or otherwise without the prior written consent of the publishers. This book has been made possible through the support of the Ankara Bar Association. [email protected] Adliye Saray 5.Kat Shhiye/ANKARA Phone: +90.312.310 55 26(Pbx) Fax: +90.312.309 22 37 International Law and Trade: Bridging the East-West Divide ISBN13: 978-87-991385-2-4 ISBN10: 87-991385-2-2 Sylvia Mercado Kierkegaard ©2007 by the International Association of IT Lawyers (IAITL) http://www.iaitl.org/ Copyright The submission of the paper implies and warrants that the article submitted are the author(s) own work and it does not infringe or violate the rights of anyone else. The author grants ILTC/IAITL the non-exclusive rights to reproduce and distribute in whole or in part, the work submitted to the Conference for publication. The agreement does not cover reproduction for purposes that are essentially commercial. Furthermore, the author(s) understand that it is their sole responsibility to obtain written permission to include any copyrighted materials in his/their article. In addition, all trademark use within the manuscript must be credited to its owner, or written permission to use the name must be granted. The author(s) will hold the publisher harmless from any unlawful matter contained in his submitted work. The author(s) in consideration of the publication of the above named manuscript understand and agree that: Copyright in the article will remain with the owner of the copyright. By submitting an article to the conference, the owner of the copyright grants the publishers with a license to publish the article. The author warrants that he is the owner of all rights of copyright in the article. Where the author subsequently publishes the article, the author is requested to acknowledge the article appeared in the book of proceedings. The Author(s) will indemnify and defend the Publisher against any claim, demand or recovery against the Publisher by reason of any violation of any proprietary right or copyright, or because of any libellous or scandalous matter contained in the Manuscript. The Publisher will have the right to edit the work for the original edition and for any revision, provided that the meaning of the text is not materially altered. This Agreement represents the entire understanding between the parties hereto with respect to the subject matter hereof and this Agreement supersedes all previous representations, understandings of agreements, oral or written, between the parties with respect to subject matter hereof and cannot be modified except by a written instrument signed by the parties hereto. This Agreement shall be binding upon the parties hereto, their heirs, successors, assigns and personal representatives. Foreword International trade law is expanding rapidly during the era of globalization. The rules of the trade game and global economics are being refined to cope with market liberalization and intense market competition. Rapid evolution has occurred in several business areas that would have been difficult to predict only a few years ago. This has been made possible by new technologies, which provide unprecedented opportunities for economic development. International trade agreements involving information technology, international telecommunications and financial services have been concluded within the framework of the World Trade Organization (WTO), and new international trade policies are being developed that shape the way trade is conducted. This dynamic business environment presents continuing challenges as lawyers, businesspersons, and policymakers seek to stay abreast of current developments. What then is international trade? It covers a wide and diverse spectrum which is reflected in this book. The articles shed light on issues such as IPR, arbitration, environment, IT law, and particular matters in multilateral and bilateral trade agreements. The articles illuminate controversies and at the same time, contribute to enrich the legal and economic literature This book offers a collection of research papers written and presented by some of the worlds top experts on international trade law and economics at the International Conference on Law and Trade held in Istanbul on May 10- 12, 2007. The Conference was organized by the International Association of IT Lawyers in cooperation with Istanbul Bilgi University, a leading institution in Turkey for the study and development of technology law. The purpose of the Conference was to build communities among constituencies interested in these varied yet related topics, including researchers, policymakers, practitioners, and business people, who are seeking to develop new ideas and to enhance their understanding of the international trade environment. Access to the international perspectives of participants representing six continents and more than two dozen countries provides an enriching and unique experience. The book has taken shape as a result of contributions from a number of individuals and through the generous support of the Ankara Bar Association. We are grateful to all the authors, sponsors, and program committee members, and in particular to those from the IT Law Research Center of Istanbul Bilgi University This book provides new perspectives, challenges and recommendations about trade. We invite you to read more in the following pages. Sylvia Mercado Kierkegaard Editor Table of Contents International Trade & Maritime Law A Comparison of US Judicial and NAFTA Panel Review of Trade Remedy Cases ...............................................1 Juscelino F. Colares and John W. Bohn Sound Science and Trade Barriers: Democracy, Autonomy and the Limits of the SPS Agreement ......................................................................................................................................................10 Edward Morse Bridging the Gap in the Doha Talks: A Look at Services Trade ...........................................................................21 Rafael Leal-Arcas GATT/WTO and MEAs: Resolving the Competing Paradigm...............................................................................31 Abdul Hasseb Ansari Iraq’s Accession to the WTO: Commitments and Implications..............................................................................43 Bashar Hikmet Malwaki Need for FLCs in India with Respect to Honouring the GATS..............................................................................53 Krishnendu Sen and Ritankar Sahu Traditional Knowledge, the CBD and the TRIPS Regime: Synthesising the Discordant Discourses at the WTO.........................................................................................................................62 Vydyanathan Lakshmanan Rescuing the Inexhaustible (The Issue of Fisheries’ Subsidies in the International Trade Policy............................................................................................................................................................71 Ekaterina Anyanova The Development of Maritime Laws in Malaysia-Selected Issues.........................................................................83 Faizah Nazri Abd Rahman Trade and Investment An East-West Contrast of Foreign Direct Investment on Small Business Development.......................................89 David Floyd & Sandhla Summan Truth Finding: Do Subsidies Continue After Privatization?...................................................................................94 Yu Wu Foreign Direct Investment in India with Special Focus on Retail Trade..............................................................102 Tanay Kumar Nandi and Ritankar Sahu Buying Properties in Malaysia? Highlight on Laws, Policies and their Implications on Foreign Land Ownership.................................................................................................................................115 Nor Asiah Mohamad World Economy and Globalisation Globalization and China’s Pathway in Quest for a New Identity........................................................................125 Wei Dan How To Cope with the Globalization : Recommendations for the EU Novel Members......................................132 Amos Avny International Law and Trade: Bridging the East-West Divide Table of Contents Human Rights and Governance The Prohibition of Bribery of Foreign Public Officials under the South African Legislation and the African Union Convention: An Examination of its Strengths and Weaknesses……………………..…140 Omphemetse Sibanda Structuring Money Laundering Control as Mechanism for Controlling Corruption In Nigeria: Need for Enhanced International Cooperation...................................................................................150 Charles O.Adekoya International Human Rights Law: Providing Measurement Tools for CSR.........................................................157 Diego Quiroz-Ornate and Mhairi Aitken Legal and Technological Developments Concerning eGovernment Services in Poland.....................................169 Paul Przemyslaw Polanski Democracy and Human Rights: Reappraising the Rhetoric of “Interdependence ...............................................179 and Mutual Reinforcement” Ubong E. Effeh Corporate Governance, Business and Finance The Legal Implications of Reputation Risk Management for Franchisors...........................................................186 Tom Burns The New EU Services Directive: Metaphor for Europe Today; Model for Expanding International Harmonization Tomorrow...............................................................................................................196 Patrick Hugg Relieving the Burden of UK Capital Taxation on Business..................................................................................205 Tim Vollans Auditor’s Liability towards Third Parties within the EU: A Comparative Study between the United Kingdom, The Netherlands, Germany and Belgium...........................................................................214 Ingrid De Poorter Recent Developments of Corporate Governance in the Global Economy and the New Turkish Commercial Draft Law Reforms .......................................................................................223 Cuneyt Yuksel Financial Collateral Arrangements........................................................................................................................235 Gulenay Rusen Virtual Meeting of Shareholders and its Immediate Rewards..............................................................................245 H. Jaap van den herik and Svetla Pencheva Possibilities of Measuring the Option Clauses’ Value in Sports Contracts: Empirical Study....................................................................................................................................................251 Ji í Strouhal Intellectual Property Rights Taking Patents Seriously.......................................................................................................................................266 Helen Gubby,Pieter Kleve and Richard De Mulder Intellectual Property Rights from an Islamic Perspective.....................................................................................273 Salah Zaineddin ITM : Avatars as Trade Marks...............................................................................................................................279 Angela Adrian The Purpose of Copyright Protection in Jordan & Canada: A Brief Comparison................................................297 Saleh Al-Sharie
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