Documents found
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2611.More information
The Economic Cooperation Organization has been created by Iran, Turkey and Pakistan to improve the trade and economic exchanges between the participating states. After the demise of the Soviet Empire, the Central Asian Republics, Azerbaijan and Afghanistan have joined the Organization. The internal problems of the ten States members OJECO have been aggravated by foreign intervention, especially the Russian hegemony over the region. This interference complicates the integration process and jeopardizes the effectiveness of the Organization.
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2612.More information
The overall project of hemispheric integration in which the 34 "democratically elected" heads of State and Government are involved is both audacious and ambitious, since it involves the setting up of a single free trade area by the year 2005. This article proposes to analyse the context in which the FTAA project has emerged and the reasons behind this initiative both from the us perspective, as well as from that of the other partners. As far as context is concerned, the authors give full credence to the idea that, in a Post-Cold war order, economic and political security take precedence over military security. And, as far as reasons are concerned, they point to geostrategic as well as to normative factors in order to explain that the resort to free trade ism is the present instance. The new integrative model in the Americas should respond to the exigencies of a competitive order in which transnational corporations occupy a central position on the one hand, and in which they vie for the implementation of a new and extended transnational or transborder production regime on the other.
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2614.
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2615.
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2618.More information
Recently, international commercial law has been marked by an extraordinary fact, which was the negotiation and the extinction, almost in stealth of the Anti-Counterfeiting Trade Agreement (ACTA). When negotiating the Agreement, the sponsors of the ACTA presented it as the right covenant to fight the exponential growth of counterfeiting goods in international business. Notwithstanding, ACTA raised up unprecedented controversy that led to its rejection by the European Parliament on July 4th 2012; instead, the United States that negotiated the ACTA in the form of a “Sole Executive Agreement” have never definitively ratified it. Does the rejection of the ACTA mean international commercial law will now lack safeguards against counterfeiting?This paper aims at examining the legal means, in international contract law, devoted to protect a buyer against the sale of counterfeiting goods that he reasonably thinks do not infringe any third party's intellectual property right, whereas the vendor of such goods knows they do. Drawing on the civil laws of Quebec and France is a mean to support the arguments set in this paper, because international law generally has its best field of expression in national area.
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2619.More information
Self-defense is a concept we often refer to in international law to justify the use of armed forces. However, the use of such a justification can bring up ambiguities, which are characteristic to this concept. In order to better examine it, this article will first look at the recognition given to self-defense in the United Nations Charter, and follow with a study of different uses of armed forces having been made either by States or the Security Council. The particular nature in the context of international law will equally be considered. Still, a question then arises: is the use of this concept a symptom for a crisis in the international community?
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2620.More information
The settlement of disputes constitutes the vault key to the multilateral commercial system and one of the unprecedented contributions of the World Trade Organization (WTO) to the stability of the world economy. If, to use the same terms as the Geneva institution, the Understanding on rules and procedures governing the settlement of disputes (URPSD) “consecrates the reign of law”, some of its provisions may seem to lack equity in regards to private actors of the international economy as well as to developing countries. It is the same case concerning the articles devoted to crossed retaliatory measures. However, we will note that a certain balance, detached in a praetorian way by the referees and lobbyists of the WTO, emerges from necessity, for the parties that take advantage of this mechanism, to demonstrate the existence of very severe economic conditions that first level commercial powers, such as the European Union and the United States will have (fortunately, we can add) difficulty to produce. An exam that allows, indeed, to advance that paragraphs b) and c) of article 22 (3) of the URPSD are currently a weapon that is not quite to every one's disposal. The study of European Communities' judicial reaction (for judicial reasons, the European Union is officially named “European Communities” in the WTO) concerning the recent “war of steel” will illustrate the very voluntary attitude of Europe in the use of WTO commercial defense mechanisms and will expose some variables to the process of crossed retaliation as it is.