Intellectual Property and the EU’s Deep Trade Agenda

The EU is considered to be one of the main proponents of what has been called the deep trade agenda—that is, the push for further trade liberalization with an emphasis on the removal of domestic non-tariff regulatory measures affecting trade, as opposed to the traditional focus on the removal of trade barriers at borders. As negotiations on the Doha Development Round have stalled, the EU has attempted to achieve these aims by entering into comprehensive free trade agreements (FTAs) that are not only limited exclusively to tariffs but also extend to non-tariff barriers, including services, intellectual property rights (IPRs), competition, and investment. These FTAs place great emphasis on regulatory convergence as a means to secure greater market openings. The paper examines the EU's current external trade policy in the area of IP, particularly its attempts to promote its own regulatory model for the protection of IP rights through trade agreements. By looking at the IP enforcement provisions of such agreements, the article also examines how the divisive issues that are currently hindering the progress of negotiations at WTO level, including the demands from developing countries to maintain a degree of autonomy in the area of IP regulation as well as the need to balance IP protection with human rights protection, are being dealt with in recent EU FTAs.

Study on risk assessment and management and prevention of conflicts of interest in the prevention and fight against betting-related match fixing in the EU 28: Final Report

This report concerns the provisions and practices on betting-related match fixing in sports
within the 28 Member States. Carried out in late 2013/early 2014, respondents in each Member
State reported on that state’s gambling-related provisions in respect of football and tennis and
(in each country) a third sport determined on the basis of either its popularity (in terms of
participation or television viewing) or the existence of betting-related “scandals” in that sport
within that particular jurisdiction. Those reports helped the authors to compare the Member
States’ regulatory and self-regulatory frameworks relating to risk assessment and conflict of
interest management, with a view to indicating areas of best practice, identifying particularly
good legislative frameworks and highlighting areas where change was either desirable or
necessary. While some individual Member States have legislation which might provide
templates that others could adapt for their own use, the authors were not convinced that “more
law”, whether at the national or European level, was desirable. Rather, more effective
cooperation among the stakeholders was identified as being more likely to provide tangible
benefits than would new legal frameworks.

Economic Stability and Economic Governance in the Euro Area:What the European Crisis Can Teach on the Limits of Economic Integration

The recent European economic crisis has dramatically exposed the failures of
the various institutional mechanisms in place to maintain economic stability
in Europe, and has unveiled the difficulty in achieving international coordination
on fiscal and financial stability policies. Drawing on the European
experience, this article analyzes the concept of economic stability in international
law and highlights the peculiar problems connected to its maintenance
or promotion. First, we demonstrate that policies that safeguard and
protect economic stability are largely regulated and managed at the national
level, due to their inextricable relationship with the exercise of national political
power. Until recently, more limited levels of pan-European integration
did not make the coordination of economic stability policies seem necessary.
However, a much deeper level of economic integration makes it very difficult
to tackle an international economic crisis through national responses. If EU
Member states wish to maintain and deepen economic integration, they
must accept an erosion of sovereignty over their economic stability policies.
This will not only deprive states of a fundamental anchor of political power,
but also create a challenge for the maintenance of democratic control over
economic policies. Second, this article argues that soft law approaches are
likely ineffective in enforcing the regulatory disciplines required to ensure
economic stability.

Movement of Capital and Trade in Services:Distinguishing Myth from Reality Regarding the GATS and the Liberalization of the Capital Account

This article will analyze the interplay between capital movements and trade
in services as structured in World Trade Organization (WTO) law, and it will
assess the implications of the capital account liberalization for the freedom of
WTO Members to pursue their economic policies. Although the movement
of capital is largely confined to the domain of international financial or monetary
policy, it is regulated by WTO law due to its role in the process of
financial services liberalization, which generally requires liberalized capital
flows. From a legal perspective, the interplay between capital movements
and trade in services requires striking a delicate balance between the right
of market access and the parallel right of economic stability. Indeed, a liberalized
regime for capital movements could pose serious stability problems
during times of crisis. For this reason, it is necessary that Members are able
to derogate from their obligations and adopt emergency measures.
Regulating the movement of capital in the General Agreement on Trade in
Services (GATS) requires stretching the regulatory oversight of WTO law
over different aspects of international economic policy. Indeed, capital movements are a fundamental component of the balance of payments and have a
major role in shaping monetary, fiscal, and financial policies. This article will
analyze how the discipline provided by the GATS on capital movements will
affect not only trade in services, but also the Members’ policy space on
monetary and fiscal policy. The article will conclude that while the GATS offers enough policy space for the maintenance of financial stability, it does
not fully take into consideration the need of Members to control capital
movements in order to conduct monetary policies.

Sustainable Chemical Regulation in a Global Environment

The globalisation and unintended impacts of chemicals sets substantial challenges for sustainable development and the protection of natural resources such as land and water. Currently, there are three key chemical Conventions, the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal which came into force in 1992, the 1993 Rotterdam Convention on Trade in Dangerous Chemicals and the Stockholm Convention on Persistent Organic Pollutants (POPs) (2004). These Conventions have as common features a mechanism for assessment of chemical safety, a process for the addition of new chemicals to a list of controlled substances and capacity building in developed countries. However, they only cover a small fraction of the chemicals manufactured and traded across the world. Defining effective regulation of chemicals is an on-going debate that has the potential to have a significant impact on vested commercial and political interests. A sustainable chemical industry should take account of evidence-based standards and through legal mechanisms adopt long-term precautionary evaluations rather than short-term market driven decisions. It is argued in this paper that effective international chemical regulation in the future will come from the adoption of sound chemical management and corporate social responsibility, but it recognised that this will face the challenge of economic disparity between countries and the potential export of regulatory risk from big chemical conglomerates to poorly regulated jurisdictions.

Public Interests, Private Disputes: Investment Arbitration and the Public Good

This paper seeks to investigate the bases for resistance to arbitration in general -and investor arbitration in particular- focusing on the way in which arbitral tribunals deal with notions of public interest and the public good. The paper hypothesises that while courts have within their terms of reference the capacity to consider notions of public interest, arbitral tribunals do not. It is this core difference in the scope of decision making between the two bodies that could render privately organised dispute resolution unsuitable for disputes that have public aspects, like investor-state disputes. The paper discusses the meaning of public interest and the public good as found in the literature. It then proceeds to consider how tribunals in the investment field have dealt with these concepts. This leads to a conclusion urging not abandonment of arbitration as a component of dispute resolution, but caution. It is argued that unchecked growth in private dispute resolution can threaten perceptions of legitimacy and democratic accountability. The paper adopts a socio-legal methodology in considering the effect of legal mechanisms on social and political phenomena. It is also informed by a law and economics methodology in addressing impacts of dispute resolution mechanisms on economic efficiency. The contribution of the paper rests on theorising motivations for resistance to private dispute resolution, a topical issue in light of the TTIP debate.

A afirmação do direito de águas

This thesis aims at demonstrating the dogmatic autonomy of Water Law. It also intends to clarify that this branch of law must not be confused with other similar subjects of law. To accomplish this task, the thesis justifies the dogmatic autonomy of Water Law beginning by discussing the emergence of this branch of law both at international and regional levels. The thesis analyses the emergence of International Water Law, discussing the reasons of its existence, its subject and importance. It also explains the relationship between international watercourses and the need to regulate them, considering that rules related to the use and management of such resources, although created at international level, are meant to be applied at regional and local levels. The thesis demonstrates that the fact that some waters are international, because they cross different states or serve as border between two or more states, justifies the existence of international water law rules aplicable to the region and to the watercourse they are supposed to regulate. For this reason, this thesis considers not only international water law in relation with the aplicable regional water law, but also the regional law in relation with the rules aplicable to the water basins and particularly with the concerned water basin states. This relationship between rules leads us to discuss how these three spectrums of rules are conciliated, namely international or universal, regional and water basin rules. To demonstrate how all this works we chose SADC for our case study. The thesis also studies the States who benefit from rules of international water law, and all other subjects who directly use water from international watercourses, and the conclusion we reach is that who really benefits are the population of such states whose rights of access, use and management are regulated by international, regional and basin rules As we can imagine, it is not easy to concile so many different rules, applicable to a scarce resource to which many subjects in many states compete for. And the interaction of the different interests, which is done under different spectrum of rules, is what guided our study, in which we analyse how all this process functions. And the main reason of all the discussion is to conclude that there is, in fact, a dogmatic autonomy of water law. To reach such a conclusion, the thesis begins by studying how international water law is applied at local level. Considering that international watercourses usually have different regimes adopted by the basin states, which difference may cause conflicts, the thesis discusses how water law may contribute to solve possible conflicts. To do this, the thesis studies and compares rules of international water law with rules of water law applicable to SADC states, and figures out the level of interaction between such rules. Considering that basin states have to obey to local rules, first of all, and after that to international and basin level rules, the thesis studies how the differents interests at stake are managed by riparian states, who act on behalf of their population. SADC appeared to provide an excellent case study to reach this goal. And the thesis discusses all these matters, the rules and principles applicable, and provides solutions where applicable, always considering water as subject of our study. Accordingly, we discuss the right to water, its nature and how it functions, considering the facts mentioned previously. And, as we conclude, all these legal discussions over water are a clear sign of the dogmatic autonomy of water

A regulação da atividade espacial

The technological evolution of the past fifty years has provided Humanity the contact with the last frontier of knowledge: space. An unknown world, explored by a small group of nations, which has become crucial to understanding who we are and where we come from. Space assets in recent years have opened the way to a digital society, shaped by the rapid exchange of information, whose means are mostly in space. A place of fascination and curiosity, restricted to a few people in these decades, which may soon be changing. This essay addresses some legal issues concerning the private exploration of space. Liability on space tourism is the core of this investigation, focusing on the comprehension of the international legal framework and its connection with the states national law. In particular, the study of the main international treaties, the U.S. legal system of space law and the developments in Europe are the fundamental tools of the current analysis, not forgetting the point of view of a possible international harmonization. Besides the needed theoretical context on the evolution of space law and a brief approach of the technical matters of the current aerospace engineering, the goal is to examine the characteristics of international space law and its relation with the new private actors, responsible for providing suborbital flights, operating in a near future. Within these circumstances, given the economic potential of the growing private space industry, it is essential to discuss the legal aspects of a spatial regulation. Being liability, undoubtedly, the emerging issue in the legal debate on this topic, it is important to safeguard the interests of the operators, States and, above all, future space tourists.