论我国外贸听证制度的完善

我国外贸听证应当采取正式听证的方式。近年来我国外贸听证制度日趋完善,在立法宗旨、听证原则及发起程序方面取得明显的进步,但是仍然存在重大疏漏,在通知、职能分离、回避制度、禁止单方接触、阅览卷宗、言词辩论、案卷排他性和说明理由等方面还缺乏规定或者规定得不够充分,急需补充完善。     

简评《鹿特丹规则》对中国外贸的影响

作为海上货物运输法公约,《鹿特丹规则》重视国际货物买卖赖以实现的海上货物运输领域产生的利益冲突问题,并创设相应新制度以试图加以解决。通过对《鹿特丹规则》若干规定加以简要评述,认为《鹿特丹规则》对中国外贸既有积极的作用,也有不利的影响,这似乎是其平衡利益和寻求统一的必然结果。在对公约进行批判性研究基础上完善中国国内立法,为更好维护中国航运和贸易利益方根本利益提供法律保障是十分重要的。     

The long-term volume of East Europe's foreign trade: An estimate

The transformation process of East European (EE) countries led to the disappearance of the Council for Mutual Economic Assistance, the former Soviet-bloc economic integration scheme, as well as to other changes in the foreign trade sector of those economies. This study seeks to identify the potential long run modifications in the volume of trade of EE countries by using a well-established model employed in the foreign trade literature, the gravity equation. Quantitative results suggest that in the next decades trade between East and West European countries could double from its present level.     

Regional trade and foreign currency regimes among the former Soviet Republics

The paper examines the problems arising from the adoption of national currencies in former Soviet Republics, and advances proposals to avoid excessive trade and output contractions. The move towards national currencies in many republics — though politically unavoidable and economically efficient in the medium term — is seen as having disruptive effects on interrepublican trade in the short term, with heavy losses of incomes and employment, which add to the costs of market transition. Mutual convertibility among the new currencies could allow some of the negative consequences on trade and production to be overcome, while in the event of mutual currently inconvertibility the effects on interrepublic trade could be disastrous and only some form of payments agreement could reduce the magnitude of the contraction. An intermediate currency regime which could sustain the level of income and employment would be based on the use of the Russian rouble as a regional means of payment. Such an event, however, would require as a pre-condition the stabilization of the Russian currency.     

Impacts of realized volatility of oil price over foreign trade related activities in Turkey

Since 1973 oil crises, especially, small open economies have considered sudden and highly volatile movements in currencies and current account deficits. Oil prices have been breaking new historical price records since second quarter of 2014, especially from last quarter of 2015 to first quarter of 2016, which have gradually put pressure on political, geographical, and currencies risks in the Middle East and Eastern European countries. Similarly, because Turkish economy has been experienced serious current account deficit problems especially since 2002, the effect of decline in oil prices and increased volatility has been worth of investigating. For 2003M1–2015M7 period, export–import ratio, real exchange rate index, realized volatility in oil prices calculated based on monthly OPEC basket price, industrial production index, and consumer price index were collected to analyze these effects and causality relationship among these variables. Test results of unit root test with and without structural break, ARDL bound test and co-integration test were sorted out among variables. Initial result is that price volatility increases and total import decreases more sharply than total export after the decline in oil prices; thus, export–import ratio increases. Another is that there is a negative relationship between real exchange rate index and export–import ratio for real economy because of low oil substituents. As expected, inflation has an adverse effect on foreign trade ratio. Consequently, because of lower pressure of energy-induced inflation, economy policy makers will have some ability to change their priorities from inflation issue to other structural problems.     

An elasticity approach to the analysis of Romanian foreign trade policy during the years of transition

This paper focuses on the effect of exchange rate variations on the economic evolution of a country in transition, facing inflation, output decrease and negative external shocks; the particular case of Romania is considered. The theoretical part is linked to the Fleming-Mundell model for an open economy, but additional assumptions of price mobility and capital immobility are introduced. The usual interest rate versus output graphic framework is switched from one to another, which plots the exchange rate (or real exchange rate) versus output; the author considers that such a representation fits the behavior of an economy in transition towards a market-based system better. A main role, according to this interpretation, is played by the exchange rate elasticities of imports and exports, which influence the images of the equilibria on the goods market and the balance of payment (the IS and BOP curves' slopes). Finally, an empirical analysis is made, as an example, on the Romanian energy imports data series; the attempts to calculate the exchange rate elasticity may be considered as reliable only in the short term. In order to estimate the global exchange rate elasticities of imports and exports, some aggregations of partial sectorial results might be a possible solution. In the Romanian case, the resulting elasticities seem to be lower than for other countries; this poses the question as to the effectiveness of exchange rate policies in managing the Romanian economy.     

Cancellation of a trade mark based on a prior foreign geographical indication related to different products

The registration and the use of a composite trade mark includinga famous geographical indication (GI), for products differentto those covered by the GI, are acts of unfair competition insofaras they allow the trade mark owner to free-ride on the GI'sreputation, causing its dilution.     

Can foreign trade and technological innovation affect green development: evidence from countries along the Belt and Road

Economic Change and Restructuring - Foreign trade and technological innovation are major driving forces for the development of the Belt and Road Initiative. This paper investigates the green...     

Polish Supreme Administrative Court says no to trade marks for trade mark attorneys

The Supreme Administrative Court of Poland rejected the cassationcomplaint brought by the Kulikowska & Kulikowski (K&K)law firm and thereby confirmed that trade mark attorneys cannotapply for trade mark registrations in their own interest.     

Parallel trade and free trade agreements

Legal context. Free trade agreements seek to remove unjustifiedbarriers to trade. Normally barriers to trade are imposed bystates, such as quotas, tariffs, subsidies and regulatory restrictions.However, sometimes barriers will be imposed by private partiesseeking to prevent parallel trade (arbitrage) of their own products.The aim of this article is to examine the way in which freetrade agreements deal with private barriers to parallel tradeand thus to consider to what extent parallel trade is possiblewithin free trade areas. Key points. The article considers first the situation withinthe European Community, which has long supported parallel tradethrough its provisions on the free movement of goods and competitionlaw, before turning to the approach taken in the Community'sfree trade agreements with third countries. It carries out thesame exercise in relation to the United States and then considershow parallel trade is dealt with by the World Trade Organisation.Finally, as free trade agreements only seek to remove unjustifiedbarriers, it considers possible justifications for the differentapproaches before drawing some tentative conclusions. Practical significance. This article considers the impact whichthe overlap between intellectual property, competition law andtrade law has in relation to parallel trade. As well as reviewingthe current position, which will be of use to businesses andlegal practitioners on both sides of parallel trade, it assessesthe underlying justifications which are relevant to policy makingin this field.     

From foreign trade to international investment: a new step in China’s integration with the world economy

China’s economic strategy is facing new challenges arising from the changes in the world economy as well as in its domestic conditions. Given the sluggish global economy and the rise of protectionist policies, China cannot expect external demand to contribute to its economic growth as much as in the past. On the domestic side, the working age population has ceased to increase and will soon diminish; rising domestic costs will force Chinese exporters to shift from price competitiveness to quality upgrading and to build new comparative advantages. An important dimension of China’s new strategy will be the expansion of its direct investment abroad. China which has already become the leading world exporter and has been up to now a major recipient of foreign direct investment is likely to turn out to be a major international investor. China has accumulated large foreign assets which mainly consist of foreign government debt securities and is now aiming at diversifying its external assets through promoting Chinese firms’ investment abroad.     

The effect of (the absence of) multinationals' foreign direct investment on the level of Eastern European trade

Identifying the most important systemic characteristics that have determined the behavior of CPEs is crucial for the choice of a transition path within the ongoing economic reforms in these countries. The empirical literature on the comparative behavior of CPEs and MEs often gives little help in explaining exactly why the economic performance of CPEs differs from that of MEs. This is certainly the case for studies that have previously examined the comparative levels of CPE trade. Employing the data and methodology of an existing study (Browning, 1985), and adding a variable representing the level of MNC activity in each country, it is shown that the low levels of CPE trade can be completely explained by the NMC activity, without recourse to other effects of the economic system.     

Whose trade mark rights? What the Microsoft case means for trade mark owners

Legal context. The article considers the influence of the commissionruling in the Microsoft case, forcing Microsoft to use its WINDOWS-trademark for an ‘unbundled’ version of the program inthe light of the trade mark owner's properties rights. The scopeof these rights is determined by the function of the trade markand the rights that the trade mark laws confer to the ownerin case of infringement. Key points. Trade marks are protected as property rights undercommunity law. They are the embodiment of past investments andtransform the reputation of the owner into a bankable asset.Consumers rely on trade mark owners' control over quality. Thisis mirrored by the rights of the trade mark owner to stop interferencewith quality and image, in particular in the context of resaleof altered products. Any interference that would be considereda trade mark infringement if committed by a private party shouldbe considered an interference with the protected property rightif caused by a government agency. This interference is not justifiedby the public interest because trade mark rights also embodyimportant public interests. Practical significance. If the analysis proposed in the articleis followed, intellectual property rights have to be given greaterweight in shaping antitrust remedies.