从ACTA看国际知识产权保护的趋势与动向

ACTA是由美、日等知识产权强国发起的旨在全面加强国际贸易中知识产权保护的诸边协议。ACTA内容广泛,主要包括知识产权保护的民事、行政、刑事、边境及数字环境执法等四类措施和保护手段,较之《TRIPS协议》,ACTA在知识产权执法水平上提出了更高的要求,进一步凸显了知识产权国际保护的发展趋势。     

The impact of plurilateral trade agreements on developing countries – to participate or not to participate?

In the wake of the impasse in the Doha Development Round of multilateral trade talks, sector-specific plurilateral trade agreements (PTAs) have been gaining traction. However, PTAs mostly appeal to developed countries, with the uptake among developing countries (including least-developed countries) being very limited. This article investigates the factors contributing to such a phenomenon, whether there is indeed merit in developing countries playing a more active role in PTAs and how they might be encouraged to do so. Both qualitative and quantitative analyses were conducted with specific attention being given to the effects, on a selection of developing countries, of participation in four PTAs: the Trade in Services Agreement, the Government Procurement Agreement, the Environmental Goods Agreement and the Information Technology Agreement II. Among the findings was that although, according to the qualitative analysis, policymakers are generally disinterested in the four PTAs because they are not aligned to the countries’ economic interests or they threaten policy space, the quantitative analysis revealed that gains could often be made from more active participation in these agreements. This clearly points to a research gap and highlights the need for more in-depth analysis of the potential of PTAs in the developing world.     

我国BOT投资制度设计中的若干问题

BOT投资方式在我国已经有近十年的历史,但其进展并没有达到人们期望的程度,相关法律制度不完备是主要原因之一。理性地设计项目相关各方的权利和义务,是建立科学的BOT投资法律制度的前提。本文着墨于BOT项目的股债比例、汇兑管理、政府的商业性保证和政策性保证、项目资产抵押、项目主办人、特许权协议的性质和法律适用等主要法律问题的分析,希冀对BOT投资方式的制度设计有所裨益。     

The Road to EU Membership. Enforcing Competition Policy in Hungary: Double Protection and Domestic Developments

The present article is concerned withthe so-called process of harmonisation to theCommunity Law, which is taking place in thecentral eastern European countries, candidatesto join the European Union. Specifically, thisarticle deals with the building of a matureHungarian competition policy, inaccordance with the acquis communautaire,as part of a larger long-term programme ofpro-market decisions concerning privatisationand market openness. On the one hand, theso-called iterated multi-level interaction indifferent arenas between Hungarian institutionsand the Union, structured on path-dependentdynamics, influences the mechanisms and thetiming of harmonisation to the EuropeanUnion. On the other hand, the gradualempowerment of an independent national Office of Economic Competition and theprogress made to the adaptation of policystructures and policy behaviours to theEuropean Union's canons and laws are taken asthe main factors explaining the development ofa clear, predictable, and transparent processof competition law enforcement. Byfollowing a multidisciplinary approach, thisarticle combines an analysis of the meaning ofboth the Hungarian Competition Act and theprovisions on competition contained in the Europe Agreement, alongside a study of theirenforcement experience, revealing a gap betweenthe high consistency of the Hungariandiscipline on competition protection withEuropean Union law and the real enforcement capacity.     

TRIPS-Plus Free Trade Agreements and Access to Medicines

The battle over access to essential medicines revolves around the rights to issue compulsory licenses and to manufacture and export generic versions of brand name drugs to expand access. Global brand name pharmaceutical firms have sought to ration access to medicines and have used their economic and political clout to shape United States trade policy. They have succeeded in getting extremely restrictive TRIPS-Plus, and even US-Plus, intellectual property provisions into regional and bilateral free trade agreements. Asymmetrical power relations continue to shape intellectual property policy, reducing the amount of leeway that poorer and/or weaker states have in devising regulatory approaches that are most suitable for their individual needs and stages of development. While the overall trend is disturbing, some recent activities in the World Health Organization and evidence of greater unity behind health-based TRIPs flexibilities provide some grounds for cautious optimism.     

论WTO协议在我国的适用

本文以WTO协议在我国的适用为中心议题 ,以国际法和国内法关系的理论为指导 ,论述了条约的国内适用和我国适用条约的方式 ;专门阐述了WTO的性质和我国加入WTO的承诺。作者得出的结论是 :WTO在我国的适用方式应当是直接适用 ,当其与国内法发生冲突时有优先的效力。     

Anxiety and Diminished Hope: The Potential Impact of Trump’s Presidency on Security in the Pacific Islands Region

Abstract

The election of Donald Trump as the next president of the US has caused much international consternation and anxiety. Reactions have been based on distrust and rejection of Trump’s political ideology, behavioural disposition and unpredictable policy positions. His campaign speeches were filled with provocative utterances which were racist, sexist, homophobic, anti-environment and self-centred. This article examines some possible impacts of Trump’s presidency on the Pacific island countries (PICs). The first issue refers to how Trump’s proposed isolationist and militarisation policies may affect regional geopolitics. The two policies tend to contradict each other because while isolationism means pulling back on US economic and strategic presence in the Pacific, a reversal of the pivot to Asia-Pacific policy, militarisation implies greater strategic reach, regionally and globally. What does this seemingly contradictory approach mean for the PICs? Second, the article looks at the impact of Trump’s climate change denial stance and the responses by PICs, given the fact that climate change is the single most significant foreign policy and development initiative of the PICs since their independence. The third issue deals with the potential impact of Trump’s restrictive migration policies on remittance flow to the PICs and how these affect the small island economies and well-being.     

The Implications of Brexit for the Caribbean’s Future Relationship with Britain and the EU

Abstract

The UK Brexit referendum to leave the EU has created concerns internationally, particularly for countries that have formal trade, aid and investment treaties with the EU and none with Britain alone. The notion of a Commonwealth Free Trade Agreement (FTA) is a non-starter and would bring no benefits to the Caribbean. But, Britain outside the EU deprives the Caribbean of a sympathetic voice on a range of issues, including financial services, and alters the level of official development assistance that will be available from remaining EU members that have no historical relationship with the English-speaking Caribbean. The importance of the UK as a market for their goods and services make it imperative for Caribbean countries to start early ‘talks’ with London so as not to be crowded out by FTAs that the UK will conclude with countries larger and richer than the Caribbean. At the same time, Brexit provides an opportunity for the Caribbean to revisit its unsatisfactory Economic Partnership Agreement with the EU. Caribbean countries need to determine their objectives and take early initiatives to realise them.     

Paris (COP21) Agreement: Loss and damage,adaptation and climate finance issues

Climate policy documents are more interesting for what they leave out than what they contain. Using the COP21 negotiating texts, this article analyses the Paris Agreement to determine the good, the bad and the ugly of this ‘landmark’ document regarding loss and damage (L&D), adaptation and finance. The article establishes that among the good is that we have a universal deal in place that speaks to L&D and adaptation. the bad remains that developing and weaker nations are still vulnerable, in negotiations and to climate change. Among the ugly is the emerging unholy alliance between the referees (national governments) and key players (business and industry) that resulted in a quasi-legally binding deal. Furthermore, we continue to have endless financial promises. Since Gleneagles in 2005, when $50 billion in aid was promised by the G8, $100 billion per annum was promised from Copenhagen’s COP15 in 2009, to the scale-up promises of $100 billion annually from 2015 – developing countries are still waiting for these promises to be met. Drawing from Africa’s adaptation funding needs of $15 billion annually, as estimated by the United Nations environment Programme to 2020, and the $50+ billion annually thereafter to 2050, the article concludes that the global adaptation funding gap remains huge. We therefore recommend that domestic mobilisation of financial and other resources remain a viable option.     

Reflections on Global Climate Politics Post Paris: Power,Interests and Polycentricity

The Paris Agreement on climate change adopted in December 2015 has the potential to shape future climate politics and governance significantly, with broader implications for world politics at large. First of all, it solidifies the importance of ‘low-emission capacity’ as a source of power in international climate politics. Second, it supports the ongoing societal mobilisation and reinforces interest in the new climate economy. Third, it points, as a result, toward a more multipolar future climate world order. Finally, the Agreement recalibrates the role of the multilateral UN process as providing overall direction towards global decarbonisation, while leaving implementation to states, other international organisations and various non-state actors and initiatives. Therefore, phasing out global greenhouse gas emissions within the next few decades requires subnational and national policy frameworks that facilitate and promote overachievement and hence drive an upward dynamic – making the Paris Agreement a real-world experiment with an uncertain outcome.