Distance health services under the general agreement on trade in services

This Article discusses the state of distance health with respect to the General Agreement on Trade in Services (GATS). After examining the various aspects of telemedicine and its place in international trade, the author looks at the structure and functioning of GATS and how telemedicine is regulated under this agreement. The author argues that the potential for telemedicine under this agreement has yet to be fulfilled and suggests a number of ways to realize its potential. Ultimately, however, the author concludes that the single most important international trade objective for the United States healthcare industry should be to get its own house in order with respect to cross-border provision of health services. From an international trade perspective, the problem of non-uniform state licensure requirements within the United States makes it very difficult for the United States to negotiate market access commitments for distance health services with other countries. Therefore, it is not realistic to expect significant progress in the liberalization of distance health services until the United States has in place a reasonably uniform domestic system of licensure and regulation for telemedicine practitioners.     

WTO对区域贸易协定的规制及其完善

作为一项重要的贸易政策工具,区域贸易协定在上世纪80年代后得到了迅猛发展,给世界经济带来了深远的影响,从而引起了各界对区域贸易协定与多边贸易机制两者间关系的广泛关注.为了保证其在多边框架下的健康发展,GATT/WTO制定了相关的法律规则,以规范、引导此类协定的签订.但由于受技术因素与政治因素的影响,WTO的相关规则未能发挥其应有的作用.为了能发挥更有效的规制作用,世贸组织应制定一项专门规范区域贸易协定的多边协议.     

试论WTO和人权的可协调性

WTO与国际人权规则的关系愈来愈受到国际社会的关注。许多人权规则将直接或者间接影响WTO的运作 ,并为WTO和其规则发展提供指南。这些规则对WTO成员应当有一定的约束力。事实上 ,许多涉及人权 ,特别是经济权的规则已经被WTO规则接受和承认。WTO和人权关系的焦点在于两者之间是否存在着等级或者从属关系 ,即国际人权法是否有高于WTO规则效力的问题。从国际立法角度讲 ,WTO规则和国际人权法均为独立的国际法体系 ,但已经成为国际习惯法的某些人权规则有高于WTO规则的地位。从WTO的宗旨看 ,至少人权中的经济权是WTO追求的最主要目标之一。WTO和人权的关系应当在这些因素的基础上达成协调和统一。     

论加入WTO后我国行业协会的制度完善——纺织品贸易争端引发的思考

加入WTO后急需我国行业协会在行业利益协调,避免和解决贸易争端等方面发挥积极作用。然而,制度上的障碍造成我国行业协会功能缺失,2005年纺织品贸易争端的爆发即突出反映出这一问题。因而,必须加紧健全我国行业协会发展的外部法律环境,制定《行业协会法》,并完善其内部管理机制。     

Information-based trade in Russia and the effects of listing abroad

This paper offers empirical evidence about transaction cost in Russia. After relating empirical measures of information and liquidity to corporate characteristics, competitive theories about cross-listings are tested. Since cross-listings generate competitive effects on transaction costs, potential to affect price discovery exists. The results reveal a lower share of private information for cross-listed firms since more transparent accounting standards reduce the incentives to collect superior information. Robustness for the evidence presented in favor of the legal bonding hypothesis is provided by those firms which list with the highest Russian standards. Measures of information-based trade are lower and the likelihood of listing abroad is significantly higher.     

Higher education and the general [lack of] agreement on trade in services: from Doha to Hong Kong and beyond

What international framework, if any, is higher education subject to in terms of its work, not in the sense of validating its programmes or safeguarding its academic freedom, but in terms of its funding, its operating environment and its stakeholders? Is it viewed as a business in some sense? Is it subject to trade rules and negotiations? All of these questions have, to some extent, been raised in the World Trade Organisation's ‘Doha Round’ of negotiations. Has agreement been reached or has the overall operating context of economies submerged higher education, in particular agriculture? This article analyses the brief history of the Doha Round and the possible categorization of higher education within a commercial framework. Conclusions are reached at the end.     

MERCOSUR enlargement: predicting the effects on trade in primary agricultural commodities

This article estimates the effects of a hypothetical enlargement of the Mercado Común del Sur (MERCOSUR), depicted by granting MERCOSUR associate member countries a full membership status, on trade in primary agricultural commodities. The empirical investigation is implemented through the multiplicative form of the gravity model. The estimated gravity parameters are used to carry out scenarios that predict the effects of MERCOSUR enlargement on trade in primary agricultural commodities. The predictions reveal that MERCOSUR enlargement would generate significant increases in exports from the full members to the associate members. The predictions also show relatively smaller increases in exports from the associate members to the full members (in value terms), but some important increases in trade among the associate members. Trade diversion effects of MERCOSUR enlargement, which influence trade between full members and from non-member countries to full and associate members, are found to be limited.     

WTO解决贸易与环境争端的实践取向与我国的法律对策

WTO在解决贸易与环境争端的实践中,对环保规则做出了富有发展性的新的解释,表现出比在GATT时代更加重视环保的取向。面对这种形势,我国作为一个深受环境壁垒之害的贸易大国,应做出全面的法律对策。     

The new EMTALA regulations and the on-call physician shortage: in defense of the regulations

This Article examines the new Emergency Medical Treatment and Labor Act (EMTALA) regulations, focusing on the on-call provisions, in light of the practical realities of the on-call physician shortage. It provides an historical account of issues surrounding the delivery of emergency care by on-call physicians and the legal background of EMTALA insofar as it relates to on-call physicians. Ultimately, the author concludes that, although the current shortage of on-call physicians has caused hospitals to anticipate EMTALA liability and advocate for more specific regulations, a closer look reveals that hospitals' fears are overstated. As long as hospitals have proper procedures in place, the new regulations will not put them in violation of EMTALA.     

《鹿特丹规则》对海上保险及相关法律规则的影响

《鹿特丹规则》的条文变化,表面上看是船方与货方权利与义务的再分配,但最终影响的还是船货双方背后的海上货物运输相关的各种保险,以及保险人之间风险和利益的分配。从保险人角度出发,对货运险和保赔险在新的公约体系下可能受到的影响进行分析,并提出合理建议。