The GATT‐WTO system: Environmental friend or Foe?

Abstract

The GATT‐WTO system has been attacked for being at best indifferent to the environment and at worst hostile to it. However, rather than being an environmental foe, the GATT‐WTO system is environmentally‐friendly in many respects. Several World Trade Organization agreements — the Agreement on Agriculture, the Agreement on Technical Barriers to Trade, the Agreement on Subsidies and Countervailing Measures and the Agreement on Sanitary and Phytosanitary Measures — not only permit but encourage WTO member‐countries to implement national programs and laws to protect the environment free from WTO interference. Multilateral initiatives through organizations such as the WTO, as opposed to unilateral bullying, are the surest way of securing robust legal protections for the environment.     

Innovation strategies of firms: What strategies and why?

This paper analyzes various innovation strategies of firms. Using five waves of the Community Innovation Survey in Sweden, we have traced the innovative behavior of firms over a 10-year period, i.e. between 2002 and 2012. We distinguish between sixteen innovation strategies, which compose of Schumpeterian four types of innovations (process, product, marketing, and organizational) plus various combinations of these four types. First, we find that firms are not homogenous in choosing innovation strategies, instead, they have a wide range of preferences when it comes to innovation strategy and some of the innovation strategies are “commonly” used among firms. Second, using Transition Probability Matrix, we found that firms also persist to have such a diverse innovation strategy preferences. Finally, using Multinomial Logit model, we explained the determinant of each and every innovation strategies, while we gave special attention to the commonly used innovation strategies among firms.     

Does foreign investment enhance domestic manufacturing firms’ labour productivity? Evidence from a quantile regression approach

Economic Change and Restructuring - We provide new insights into the relationship between foreign investment and the labour productivity of domestic firms in the Vietnamese manufacturing industry....     

A law for need or a law for greed?: Restoring the lost law in the international law of foreign investment

The 1990s brought about a change in the international law of foreign investment due to the primacy achieved by the tenets of neo-liberalism. They drove concerns about the environment and poverty away from the concerns of the law and gave priority to the interests of multinational corporations by enhancing their ability for movement of assets and the absolute protection of these assets through treaty rules. The regime created by this law was operated through secure systems of dispute settlement through arbitration which also enabled the stabilization of these rules. In the process, private power of a section within the hegemonic state was able to subvert international law through the use of low order sources of the law and secure a system of investment promotion and protection. The restoration of the more universal themes of environmental protection and poverty alleviation is necessary. This paper outlines the developments that accentuated the sectional interests of multinational capital and explores the means by which a change that reflects the global interests could be effected.

‘Any friend of yours is a friend of mine’: investigating the utilization of an interpreter in an investigative interview

Premised on a body of literature suggesting target-interviewer rapport is a critical component of successful interviews, we explored the effect of two interpreter-related variables – the physical placement of the interpreter in the room, and the nature of the relationship between the interpreter and the target – on target-interviewer rapport. A total of 125 bilingual (Spanish/English) participants viewed a mock crime video and were then interviewed, via an interpreter (or not). Interpreters either built rapport with the participant immediately prior to the interview or did not, and were either seated beside the interviewer or behind the target, commensurate with recommendations from training manuals. When the interpreter and target engaged in a short rapport-building session prior to an investigative interview, the target rated their interaction with the interviewer less negatively compared to when rapport building did not occur. Furthermore, when the interpreter sat behind the target, the target viewed the interaction more negatively than when the interpreter sat beside the interviewer (triangular configuration). These findings suggest ways in which interpreters can be utilized more effectively, especially in terms of seating configuration, rapport development between a target and interpreter, and importantly, the potential for that target-interpreter rapport to transfer to the target-interviewer relationship.     

Supremacy or Primacy of EU Law—(Why) Does it Matter?

Even 50 years on the principle of supremacy or primacy is still surrounded with ambiguity, which is apparent already on the level of semantics. The principle has not carried a single name, but three. This paper argues that a disparity in the denomination of the principle amounts to much more than semantics. It exhibits conceptual differences. Different conceptualisations of the principle of primacy or supremacy entail different models of structural principles of EU law: the hierarchical, the conditionally hierarchical and the heterarchical model. These are no mere theoretical constructions; rather they have influenced concrete practices of EU law, including the most recent Kücükdeveci case as well as the Lisbon decision of the German Constitutional Court. While none of the three models has yet found an unequivocal and conclusive endorsement in the EU practice, there are compelling theoretical and practical reasons for which one of them should be preferred over the others. Whether EU law has supremacy or primacy therefore matters.     

Retrospection and Perspective of Foreign Investment Legislation in China (1979–2009)

Thirty years have passed for foreign investment legislation in China since the promulgation of the first foreign investment law in 1979. The remarkable achievements in the past 30 years under the China’s reform and open policy have benefited from introduction of foreign investment to a large extent as the result of foreign investment legislation and its changes. This paper starts with a retrospection of foreign investment legislation in China since 1979, followed by a discussion on the features and motives of changes in such legislation, and makes conclusions on the experience and lessons from the legislation, which will be conducive to further improvement of foreign investment legislation in China.     

Sudden cardiac death in a young woman: tumor of the atrioventricular (AV) node or citalopram intoxication?

Atrioventricular (AV) node tumor is a very rare lesion of the cardiac conduction system. Clinically, it is associated with complete AV block and sudden cardiac death, often in apparently healthy young people.We report a case of a 24-year-old woman who developed ventricular fibrillation during sexual intercourse and died before admittance to the hospital. The woman had a medical history of depression and was treated with citalopram.At first, no macroscopic or microscopic pathologic changes were found. Toxicologic analysis showed a toxic level of citalopram in the blood. Further microscopic examination of the cardiac conduction system disclosed a tumor of the AV node. Immunohistochemical staining confirmed endodermal origin in accordance with the latest hypothesis of the pathogenesis of this tumor.It was concluded that this young woman died of cardiac arrhythmia due to the AV tumor and not from citalopram intoxication, as first suspected. This case emphasizes the importance of a microscopic examination of the cardiac conduction system in cases of sudden unexpected death, even in cases with a plausible cause and manner of death at first glance.     

Retrospection and perspective of foreign investment legislation in China (1979�C2009)

Thirty years have passed for foreign investment legislation in China since the promulgation of the first foreign investment law in 1979. The remarkable achievements in the past 30 years under the China’s reform and open policy have benefited from introduction of foreign investment to a large extent as the result of foreign investment legislation and its changes. This paper starts with a retrospection of foreign investment legislation in China since 1979, followed by a discussion on the features and motives of changes in such legislation, and makes conclusions on the experience and lessons from the legislation, which will be conducive to further improvement of foreign investment legislation in China.     

Cursing the Cloud (or) Controlling the Cloud?

Inspired by the cloud computing hypes, this paper responds to some of the hypes, but not to all. The hype in this paper refers to the level of the adequacy of data protection and privacy in a cloud computing (the Cloud) environment. Paradoxically, this paper proffers observational insights that surround the Cloud from the perspectives of data protection and privacy. It examines briefly the efforts of January 2010 led by Microsoft and anticipating “liability” scenarios. The liability rhetorically refers to the illegal access in the Cloud. This paper does not focus entirely on the technology sophistication; however, it analyses two scenarios of illegal access. To mitigate the liability, it suggests a “Cloud Compliant Strategy (CCS)” being a proposed model to control the Cloud. The observational insights of this paper have also intertwined with the adequacy of data protection from the lenses of the European Union (EU) Data Protection Directive 95/46/EC (DPD) and Safe Harbor provisions (SH).     

Arsenic poisoning: acute or chronic? Suicide or murder?

The case of the death by arsenic poisoning of a 62-year-old white man is presented. One year prior to death, he developed intermittent bouts of severe gastroenteritis with vomiting and diarrhea, hyperpigmentation and keratosis of the skin, neutropenia, and Guillain-Barré-like neuropathy for which he was hospitalized several times. Urine test results 6 months prior to death indicating 36 mg/L arsenic were believed to be in error. At the patient's last admission, he appeared in the emergency room with severe gastroenteritis, hypotension, and dehydration. He died 3 days later. Antemortem as well as autopsy specimens revealed elevated arsenic concentrations. Arsenic micrograms/g analysis by neutron activation of hair pulled from the man's head revealed by centimeter segmental analysis proximal to distal: 226, 104, 28, 56, 41, 40, and 74. The wife of the decedent was charged with murder by arsenic poisoning of this, her fifth, husband. The defense alleged that the decedent had committed suicide. The judge awarded a directed verdict of "not guilty." Particulars of the medical, toxicological, and investigative findings are presented.     

Codes of professional responsibility for lawyers: ethics or law?

The American Bar Association has three times in this century produced a code of ethics for lawyers. The movement has clearly been from a general, hortatory format to one of a statement of principles of law. In the ABA's latest effort, the problems of client confidentiality loom as the most serious and most difficult to solve. The question of ethics versus law weighs heavily in this context, and the ABA's latest resolutions of the confidentiality problems are found to be unsatisfactory.