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Archive for the ‘Articles in peer reviews’ Category

Paolo Davide Farah, “Trade and Progress: The Case of China”, 30 (1) COLUMBIA JOURNAL OF ASIAN LAW, Fall 2016, pp. 51-112.

The full article can be downloaded at the following link:

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3020365

Abstract

China’s accession to the WTO is widely understood as an important step towards greater global market liberalization and integration. However, this step has been also perceived in an ambivalent way. On one hand, the global market liberalization would have never been really completed without participation of such a major player as China. On the other hand, many observers articulated concerns about China’s ability to integrate into the WTO system. In order to tackle the issues of concern, attention was paid mainly to technical issues, which were seen as a precondition for China’s successful integration into the WTO system. For this reason, topics related with market integration, such as e.g. liberalization requirements, as well as topics related with transparency and legal and administrative policies, necessary for securing of just and equitable resolution of commercial and trade disputes, were initially addressed.

Still, in the light of the changing and evolving geopolitical climate, it has become more evident that Non-Trade Concerns (NTCs) might be another multifaceted topic requiring special attention. EU and US, becoming increasingly aware of the fact that competition of economies with different level of development might result not only in job losses in developed countries due to relocation of production, but also to general deterioration of environmental, social and health standards, have accentuated the importance of a global consensus on NTCs and their inclusion into EU and US external policies concerning foreign trade and investment. Civil society from the developed world, in general, is afraid that further liberalization may endanger public policies at different levels: environmental protection and sustainable development, good governance, cultural rights, labor rights, public health, social welfare, national security, food security, access to knowledge, consumer protection, and animal welfare.

On the other hand, coalition consisting of China and other BRICS countries as well as other developing countries gaining more influence in the WTO and other international fora has been able to articulate discontent with measures adopted by developed countries to address NTCs. The clash between interests of developed and developing countries reveals potential unfairness and inconsistencies of the international system, including the international trade system, which needs to undergo a deep reform to integrate the developing countries’ needs.

Many of the measures that developed countries introduce to address NTCs were received by developing countries with suspicion, resistance, and even hostility. Developing countries, including China, doubt the authenticity of such considerations and think they might actually hide protectionist purposes. Additionally, developing countries see these measures as an indirect form of western imperialism whereby they will have no choice but to comply with the social, ethical, and cultural values of the developed states. Nonetheless, not only has China undergone serious reforms and adopted new regulations to address the issue of NTCs, but the country has even begun to play an important role in the international negotiations on NTCs—such as those on climate change, energy, culture, and so on.

However, at the same time it provides an opportunity for China and other developing countries to defend their interests in a constructive dialogue with developed countries and restructure the system in order to find a necessary balance between globalization and sustainable development or to shape it according to their interests.

TO DOWNLOAD THE FULL ARTICLE: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3020365

 

Keywords: Globalization, WTO, International Economic Law, Trade, Non-Trade Concerns, Good Governance, Human Rights, Right to Water and Food, Social and Economic Rights, Cultural Rights, Labour, Environment, Climate Change, Energy, Intellectual Property, Health, Sustainability

JEL Classification: Q40, Q48, Q50, Q56, Q58, Q34, Q37, Q32, Q23, Q24, Q25, Q27, K33, K32 Q17, Q18

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March 2014 – First LIBEAC Publication – Paolo Farah (Istituto Universitario di Studi Europei – IUSE), Riccardo Tremolada (Università del Piemonte Orientale – UNIPMN), Desirability of Commodification of Intangible Cultural Heritage: The Unsatisfying Role of IPRs, in TRANSNATIONAL DISPUTE MANAGEMENT, Special Issues “The New Frontiers of Cultural Law: Intangible Heritage Disputes”, Volume 11, Issues 2, March 2014, ISSN 1875-4120.- Work-package 2 & 4

Full Text Availabler Online: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2472339

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Paolo Davide Farah, L’energia nel contesto degli accordi dell’OMC: sovvenzioni per le energie rinnovabili e pratiche OPEC di controllo dei prezzi – The Energy in the Context of the WTO Agreements: Subsidies for the Renewable Energy and the OPEC Practice of Control of the Price (with Elena Cima), RIVISTA DI DIRITTO DEL COMMERCIO INTERNAZIONALE, 2/2013, ISSN: 1593-2605, pp. 343-381 (in Italian)

Available at:  http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2330360

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“L’energia nel contesto degli accordi dell’OMC: sovvenzioni per le energie rinnovabili e pratiche OPEC di controllo dei prezzi” (with Elena Cima), (The Energy in the Context of the WTO Agreements: Subsidies for the Renewable Energy and the OPEC Practice of Control of the Price), RIVISTA DI DIRITTO DEL COMMERCIO INTERNAZIONALE, 2/2013, ISSN: 1593-2605, pp. 343-381 (in Italian)

To download the full file: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2330360

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Paolo Farah, Piercarlo Rossi, National Energy Policies and Energy Security in the Context of Climate Change and Global Environmental Risks: A Theoretical  Framework for Reconciling Domestic and International Law through a Multiscalar and Multilevel Approach, European Energy and Environmental Law Review (EEELR), Volume 20, issue 6, 2011

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Paolo Farah, Elena Cima, The Implementation of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) in China, 2 Tsinghua China Law Review 2, Spring 2010, pp. 317-351. ISSN: 2151-8904.

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1679999

Abstract:     

The Trade-Related Aspects of Intellectual Property Rights (TRIPs) is one of the multilateral treaties adopted at the end of the Uruguay Round in 1994. The Agreement establishes the requirements that the laws of the member states must meet in order to protect intellectual property in all its forms: copyright, patents, trademarks, geographical indications, industrial design. The agreement represents an attempt to overcome the differences in the way member states protect IPRs, in order to bring them under common international rules. Chinese Government adopted Patent, Copyright and Trademark Laws, and joined the main intellectual property international conventions. None of these, though, can be compared, as far as completeness, orderliness and far-reaching consequences are concerned, to the TRIPS agreement, which China has now to deal with, after its accession to the WTO

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Paolo Farah, Five Years of China’s WTO Membership. EU and US Perspectives about China’s Compliance with Transparency Commitments and the Transitional Review Mechanism, Legal Issues of Economic Integration, Kluwer Law International, Volume 33, Number 3, pp. 263-304, 2006. ISSN: 1566-6573

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=916768

Abstract:    China’s accession to the WTO represents a goal achieved after nearly fifteen years of exhausting negotiations. However, many legal, political and social problems have not yet been tackled in terms of achieving real implementation of WTO provisions throughout the territory of the People’s Republic of China. The Protocol requires a general and deep application of transparency, which will radically influence and change the Chinese legal system. There are a wide range of transparency related problems such as the formal publication of laws and regulations, procedural fairness in decision-making, the judicial review and the non-discrimination principle. The special precautionary instrument, the Transitional Review Mechanism (TRM), was included in the Protocol of China’s Accession to the WTO, as requested by the US and supported by the EU. The TRM has the objective of monitoring and enforcement of implementation of WTO commitments, promoting transparency and the exchange of information in trade relations with China. Bilateral engagements and multilateral forums are both essential to bring China into full compliance with its WTO commitments.

Keywords: China, WTO, TRM, Transitional Review Mechanism, TPRM, Protocol, Transparency, Compliance, Implementation, Europe, European Union, EU, trade, monitoring, bilateral, multilateral

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