Impact of liability rules on modes of coordination for food safety in supply chains

This article analyzes how the allocation of liability for safety defects could influence coordination in the food supply chain. To do so, we analyzed the strategic reaction of importers and supermarkets who import Spanish fresh produce into France. We considered the implementation and enforcement of the European General Food Law as an exogenous shock for French food operators. In France, depending on the situation, food operators can transfer their liability to someone else in the food supply and imports decisions are crucial indicators. After 2005, supermarkets transferred the liability risk linked to importing sensitive products to importers. We argue that this regulatory change also prompted French importers of fresh produce to develop a horizontal, collective governance structure to monitor the safety of imported produce.     

From Brand Performance to Consumer Performativity: Assessing European Trade Mark Law after the Rise of Anthropological Marketing

Since the 2009 CJEU decision in L'Oréal v. Bellure, the idea that a brand's image is the property of the trade mark owner has become increasingly entrenched within European trade mark law. Brand image is now protected even where there is no harm to the underlying mark. However, the courts have largely failed to acknowledge the radical ways in which the marketplace for goods bearing trade marks has changed in the past three decades. One key shift is that businesses and marketers no longer view the brand creation process from a top‐down ‘brand performance’ perspective, but, rather, through the prisms of ‘anthropological marketing’ and ‘consumer performativity'. Through an interdisciplinary approach, this article dissects the process of brand creation in the context of European trade mark law, and argues that the law must take account of consumer agency when the question of who should own brand image arises.     

欧盟最新贸易救济工具绿皮书的内容及启示

随着经济全球化进程的加快及其发展程度的深入,欧盟贸易救济工具不仅事实上损及消费者、进口商和零售商的利益,引发了贸易救济领域"公共利益保护危机",而且,贸易救济权的滥用,也使得许多已将生产基地转移至欧盟之外的本土名牌企业深受其害。最近,欧盟发布贸易救济工具绿皮书,试图化解矛盾、革新贸易救济政策,客观上也给包括我国在内的产品出口国进一步谋求公平贸易环境带来了契机,当前,理性分析并深刻领会绿皮书出台的背景、内容及其精神实质,拿出行之有效的对策,对于最大化、最优化地争取和保护我国相关企业的贸易利益意义重大。     

论船舶油污损害的损失分担

船舶油污损害损失分担是指由导致油污损害的船舶所有人、石油进口商和船旗国等主体,按照一定的归责原则和赔偿序位,对船舶跨界油污损害的受害者所遭受的损失分担赔偿义务的法律机制。从20世纪60年代末开始,国际社会逐步建立了船舶油污损害损失分担的制度模式,确立了民事责任人的限额民事责任和石油进口方的限额赔偿义务,但没有涉及船旗国的国际赔偿责任。从船舶油污损害损失分担的概念入手,对现行分担船舶油污损害损失的主体及其局限性进行分析,论述建立有船旗国参与的船舶油污损害三级赔偿机制的基本框架及其意义。     

Authorized sources of narcotic raw materials. Final rule

The Drug Enforcement Administration (DEA) is amending the list of non-traditional countries authorized to export narcotic raw materials (NRM) to the United States by removing Yugoslavia and adding Spain. This rule provides DEA registered importers with another potential source from which to purchase NRM that are used in the production of controlled substances for medical purposes in the United States.     

Medical device reporting: manufacturer reporting, importer reporting, user facility reporting, distributor reporting. Food and Drug Administration, HHS. Final rule

The Food and Drug Administration (FDA) is amending its regulations governing reporting by manufacturers, importers, distributors and health care (user) facilities of adverse events related to medical devices. Amendments are being made to implement revisions to the Federal Food, Drug, and Cosmetic Act (the act) as amended by the Food and Drug Administration Modernization Act of 1997 (FDAMA).     

Arts Organizations and Branding: Creating a New Joint Brand for Three Arts Organizations

This article investigates brand architecture by analyzing stakeholder perceptions of brand images when a new joint brand is created for the existing brands of three arts organizations. The theoretical framework is based on previous literature on brand architecture and brand image. The empirical study is based on a quantitative, 418-respondent survey among stakeholders of these three arts organizations. The study makes two major theoretical contributions. First, the results show that the new joint brand can be endorsed by the existing sub-brands, contrary to brand-architecture literature. Second, even in the case of a new brand, stakeholders perceive the functional attributes as important.     

East Meets West in Anti-Money Laundering and Anti-Terrorist Finance: Policy Dialogue and Differentiation on Security, the Timber Trade and ‘Alternative’ Banking

This paper compares and contrasts South East Asian and European Union countries’ perceptions of the priorities for anti money laundering (AML) and anti terrorist finance (ATF) in relation to three industries: security goods and services; the timber trade; and ‘informal’ value transfer and banking services. It might be expected that all countries would equally support each of these aspects of AML/ATF policies, without differentiating between the industries generating the proceeds. As this paper will show, however, historical experiences, contemporary political relations and patterns of trade shape countries’ approaches, resulting in distinctive enthusiasms and reservations. In a nutshell, the EU points most strongly to products and services originating in Asia as posing AML/CTF risks, and locates primary responsibility for monitoring and control as falling within Asia - a projection of risk and responsibility that is reciprocated by Asian countries. Asian countries perceive a need for tighter control of dangerous products exported by the west, for example, small arms and light weapons, and of related money laundering circuits. Asian and European policy makers increasingly articulate concerns over illegal logging and related laundering, however European importers and their governments see responsibilities for this as falling primarily within Asia. Finally, the EU (like the US) perceives high levels of laundering risk in ‘informal’ value transfer/banking services, in which Asian-run businesses have a global competitive advantage. For the future, as the international balance of trade shifts, and as Asia increases its influence in international fora including those concerned with AML/CTF, so the region’s policy preferences may be expected to carry more weight.

A Brief History of Arts Marketing Thought in North America

Marketing is a relatively new academic discipline. Arts marketing as a subfield of marketing began in the 1960s. Sociologists and economists were the first to contribute to the knowledge. American authors then stepped in the late 1970s to the 1990s. Starting in the 2000s, European as well as Australian colleagues took the lead in terms of number of articles published. Currently, academic research by marketing scholars is enriching this new field of inquiry on consumer behaviors and on the four traditional P's of marketing: product (and brand), price, place, and promotion.     

数字文化商品确权与交易规则的构建

数字文化商品是信息社会诞生的一种新型的财产形态。美国法对数字文化商品提供知识产权保护;俄罗斯则直接以所有权模式对它加以保护;欧盟则把数字文化商品交易作为服务对待。这三种保护模式均有失偏颇。应立足数字文化商品的自身属性,理性反思《美国统一计算机信息交易法》确立的信息权制度,以大陆法系的民法思维进行重构。信息权是一种既不同于知识产权和物权又不同于债权的崭新的财产权形态,是权利人直接支配特定的信息产品并排除他人干涉的权利。大陆法系视野下的信息权制度的提出,不仅可以有效地为数字文化商品确权,而且可以为数字文化商品交易规则的构建奠定基础。     

品牌延伸心理模型及其消费者分析研究

品牌延伸心理模型构建是当今国际上品牌理论研究的重要内容,也是前沿性课题之一.20世纪80年代后期至90年代品牌延伸心理模型主要有情感态度模型、属性联想模型,进入21世纪以来,运用认知心理学观点与研究方法,从消费者情感与认知相互影响过程分析,构建品牌延伸理论模型,对制定切实可行的品牌营销策略具有重要的现实意义.     

Medical devices; medical device distributor reporting--FDA. Final rule; notification of status under the Safe Medical Devices Act; confirmation of effective date

The Food and Drug Administration (FDA) is announcing that the tentative final rule on medical device distributor reporting that appeared in the Federal Register of November 26, 1991 (56 FR 60024), is now a final rule by operation of law. This final rule requires distributors to submit reports to FDA and to manufacturers, of deaths, serious illnesses, and serious injuries related to medical devices and to submit reports to manufacturers of certain malfunctions that may cause a death, serious illness, or serious injury, if the malfunction were to recur. The final rule also changes the reporting standard for certain distributors that are importers, and changes the definition of the term "serious injury" to conform to a recent statutory amendment. In issuing this final rule, FDA is announcing that the tentative final rule relating to adverse event reporting requirements for distributors, including importers, has the status of a final rule, as of May 28, 1992, by operation of law under the Safe Medical Devices Act of 1990 (the SMDA), as amended by the Medical Device Amendments of 1992 (the 1992 amendments), and is setting forth the regulations reflecting those requirements. FDA is also amending the regulations, based on consideration of comments on the November 26, 1991, tentative final rule, to require distributors to register their facilities and to list their devices with FDA.     

Open Arms Behind Barred Doors: Fear,Hypocrisy and Policy Schizophrenia in the European Migration Crisis

In 2015, over one million refugees and migrants arrived in Europe, laying bare the limitations of the EU's common border control and burden‐sharing systems. This article examines consequences of the EU's disjoint, schizophrenic and, at times, hypocritical responses to what has become known as the European migration crisis. It explains how unilateral, national‐level responses have made the EU as a whole particularly susceptible to a unique brand of coercive bargaining that relies on the threat (or actual generation) of mass population movements as a non‐military instrument of state‐level coercion. After outlining who employs this kind of foreign policy tool, to what ends, and under what circumstances, the article offers an illustration of this kind of coercion in action, by analyzing the March 2016 deal between the EU and Turkey. The article concludes with a discussion of broader consequences of the deal and implications both for the displaced and for the EU going forward.     

外资品牌控制和技术控制及法律对策——我国外商投资政策转型背景下的考察

外资对品牌和技术的控制,已经危及我国产业安全。在我国外商投资政策的主题由"招商引资"向"招商选资"转变的背景下,在对外商直接投资的溢出效应的认识深化的条件下,通过立法对外资品牌控制和技术控制进行较为严厉的规制是必要的和可行的。《反垄断法》上的企业集中事前申报制度,不足以对外资品牌控制和技术控制予以有效规制,应当利用国家安全审查制度对其进行规制。     

松原市品牌农业建设的可行性分析和对策

处于发展起步阶段的松原市品牌农业建设呈现出较强的发展势头和潜力.本文对品牌农业的相关理论和发展规律进行了探讨,在大量调研的基础上,对当前松原市品牌农业建设进行了全面、科学的分析,提出了推进松原品牌农业建设的对策.     

The Unequal Distribution of Speaking Time in Parliamentary‐Party Groups

Parliamentary debates provide an arena where Members of Parliament (MPs) present, challenge, or defend public policies. However, the “plenary bottleneck” allows the party leadership to decide who participates in a debate. We argue that in this decision the timing of a debate matters: in proximity of elections, the leadership should be concerned with maintaining its brand name and therefore restrict floor access, in particular if the debate is salient for the respective party. We evaluate our hypotheses in a cross‐country study drawing on a novel data set covering all speeches given during one or two legislative terms in six European parliaments. We find that the electoral cycle matters for the distribution of speaking time: Party leaders do restrict parliamentary speechmaking to a smaller number of MPs at the end of the term. This has important implications for our understanding of parliaments as an electoral arena and for our understanding of intraparty politics.     

反倾销中公共利益原则的法理分析——从公平正义的视角

无论是按照功利主义的正义观或是道义论的正义观,进口国进口商、下游企业和消费者的利益都应先于进口国的生产商及其上游企业的利益受到保护。反倾销措施只能被认为是对于在全球竞争中的失败者的一种救济手段,故此,引入公共利益原则,均衡地考虑所有参与者的利益,避免救济措施过当是合理的。     

打造法律图书馆品牌的战略研究——以西南政法大学图书馆为例

从法律图书馆的涵义入手，以挑战和机遇为背景，可以分析研究型法学图书馆品牌建设的必要性和可行性。研究型法学图书馆的品牌建设主要包括：图书馆的发展定位、形象塑造、管理优化、馆藏资源建设、服务创新、人员和科研建设、品牌文化建设等方面。     

Medical device reporting: manufacturer reporting, importer reporting, user facility reporting, and distributor reporting--FDA. Direct final rule

The Food and Drug Administration (FDA) is amending its regulations governing reporting by manufacturers, importers, distributors, and health care (user) facilities of adverse events related to medical devices. Amendments are being made to implement revisions to the Federal Food, Drug, and Cosmetic Act (the act) as amended by the Food and Drug Administration Modernization Act of 1997 (FDAMA). FDA is publishing these amendments in accordance with its direct final rule procedures. Elsewhere in this issue of the Federal Register, FDA is publishing a companion proposed rule under FDA's usual procedures for notice and comment to provide a procedural framework to finalize the rule in the event the agency receives a significant adverse comment and withdraws this direct final rule.     

THE CASE OF EXPORT CARTEL EXEMPTIONS: BETWEEN COMPETITION AND PROTECTIONISM

Most competition laws do not prohibit anticompetitive conductthat affects foreign target markets as long as there is no spillover effect on the home market. The U.S. in particular justifiesthis leniency towards export cartels by the aim of increasingefficiency in target markets that are suffering from high entrancebarriers for importers. Attempts to use the legal regime ofthe WTO to overcome private restrictions of competition arelikely to fail, because of the fundamental differences betweentrade policy and competition policy. Although a multilateralcompetition policy would be best suited to challenge exportcartels, the current state of the political debate makes itmore likely that second-best solutions such as capacity buildingin lesser developed target states will have to be established.