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Author: Yanning Yu
Publisher: Kluwer Law International B.V.
ISBN: 9041126864
Category : Technology & Engineering
Languages : en
Pages : 294
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Book Description
The unfair trade practice of dumping has been regulated for many years. Dumping distorts competition by selling exports at exceedingly low prices in foreign markets. Over the years, anti-dumping measures designed to counter dumping through the imposition of duties have become the most effective and popular way employed to protect domestic industries under threat. The 1980s, however, ushered in a counter measure: circumvention. As a means of avoiding anti-dumping duties, circumvention threatens the effectiveness of the anti-dumping system by undermining the protection provided for domestic industries. In response, anti-circumvention measures have been designed and implemented to combat those activities. This is the first book to offer a detailed analysis of this significant issue in anti-dumping practice.
Author: Yanning Yu
Publisher: Kluwer Law International B.V.
ISBN: 9041126864
Category : Technology & Engineering
Languages : en
Pages : 294
Get Book Here
Book Description
The unfair trade practice of dumping has been regulated for many years. Dumping distorts competition by selling exports at exceedingly low prices in foreign markets. Over the years, anti-dumping measures designed to counter dumping through the imposition of duties have become the most effective and popular way employed to protect domestic industries under threat. The 1980s, however, ushered in a counter measure: circumvention. As a means of avoiding anti-dumping duties, circumvention threatens the effectiveness of the anti-dumping system by undermining the protection provided for domestic industries. In response, anti-circumvention measures have been designed and implemented to combat those activities. This is the first book to offer a detailed analysis of this significant issue in anti-dumping practice.
Author: Weihuan Zhou
Publisher:
ISBN:
Category :
Languages : en
Pages : 29
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Book Description
The article discusses circumvention and anti-circumvention in international trade with a focus on Australia's anti-circumvention mechanism and in particular the first anti-circumvention investigation in Australia. It identifies the major issues relating to circumvention and anti-circumvention in the GATT/WTO negotiations which have led to the failure of WTO members to conclude uniform rules on anti-circumvention. The article argues that multilateral anti-circumvention rules are necessary to standardise national anti-circumvention laws and practice and discipline unilateral use of anti-circumvention measures. The article further argues that Australia's anti-circumvention law and practice, as reflected in its first anti-circumvention investigation, may have violated WTO rules and is likely to lead to increasing protectionism to cost of WTO members and Australia's FTA trading partners. Australia's unjustified use of anti-circumvention measures is unlikely to foster the development of its import-competing industries and may provoke retaliation by other countries.
Author: Peter K. Yu
Publisher:
ISBN:
Category : Copyright infringement
Languages : en
Pages : 65
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Book Description
Author: Gregory Wells Bowman
Publisher: Kluwer Law International B.V.
ISBN: 9041128409
Category : Law
Languages : en
Pages : 746
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Book Description
and political underpinnings." --Book Jacket.
Author: Jia Wang
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
This paper examines the impact of the technological measures that copyright holders employ to lock their works and discusses why users are disadvantaged. It compares the anticircumvention rules in the Digital Millenium Copyright Act in the US and the Copyright, Patents and Designs Act in the UK; the latest exemptions to circumventing activities released by the US Library of Congress are included. It reviews the evolution of Chinese anti-circumvention rules, starting with a well-known case preceding the promulgation of the anti-circumvention rules, then it examines the anti-circumvention provisions in the Copyright Act 1990, the Software Regulation 2001 and the ISP Interpretation 2004. It also critically analyzes the latest Network Regulation 2006 by comparing it with the DMCA and the CDPA. The paper suggests that the Chinese anticircumvention rules need to be constructed with more legal certainties. Recommendations are also made for additional redrafting to make China's anti-circumvention rules more adaptive to a digital environment.
Author: Zhaoxin Wang
Publisher:
ISBN:
Category :
Languages : en
Pages : 104
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Book Description
Author: Yanning Yu
Publisher:
ISBN:
Category : Antidumping duties
Languages : en
Pages : 812
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Book Description
Author: Fabian Teichmann
Publisher: Kluwer Law International B.V.
ISBN: 9403537434
Category : Law
Languages : en
Pages : 253
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Book Description
How exactly is money laundered? The answer to this question is not well understood – and for this very reason, costly prevention measures remain ineffective. This much-needed book provides the first in-depth explanation of the methods used by intelligent criminals to amass wealth from large-scale trafficking in drugs, arms, and human beings, as well as from less odious crimes. The author shows clearly not only why existing approaches to combat money laundering are bound to fail but also how money launderers easily circumvent such measures. Based on qualitative interviews with both alleged criminals and prevention experts, detailed illustrations of concrete steps taken by intelligent and specialized perpetrators of money laundering allow practitioners to anticipate and effectively combat this type of crime. The author fully documents such aspects of money launderers’ behaviour as the following: resources required; dealing with detection risks; and international mobility. A central chapter covers in depth the various markets, institutions, and facilities that are particularly favourable to money laundering, and original insights accompany the presented findings with relevant quotations from the interviewees. The author offers tailored recommendations for different professional groups, including bankers, prosecutors, defence lawyers, and judges. In its critical questioning of the logic behind anti-money laundering regulations and their costly implementation, the book demonstrates that either the existing measures of prevention are drastically tightened and extended to almost all branches of the economy or the financial sector is relieved of the burden it bears and alternative ways of fighting this type of crime are sought instead. It will prove enormously valuable to understanding and investigating white-collar and financial crime, and be welcomed by practitioners and professionals in financial markets, banking, criminal lawyers, and compliance experts, as well as academia.
Author: Richard Li-dar Wang
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
In order to cope with the challenge posed by high-quality digital copying of copyrightable works, the World Intellectual Property Organization (WIPO) and a number of its members have determined to incorporate anticircumvention provisions in 1996 WIPO Copyright Treaty (WCT) and their domestic copyright laws. Even though these countries adopted this brand new regulation close in time, they approached the same problem in quite different manners, especially divergent with regard to public domain and fair use privileges. Since the two limitations on copyright play a key role in preserving free dissemination of information and preventing authors from over-asserting their exclusive rights, the viability of public domain and fair use was pivotal to the legitimacy of the new regulation and thus merits careful exmination. This paper compares anti-circumvention regulations in five jurisdictions: WIPO, U.S., E.U., Japan and Australia, analyzing and contrasting their respective approaches in this field, and further evaluating their individual impact on public domain and fair use. Except for the highly protective approach adopted by the U.S., the other four jurisdictions endeavor to craft some machinery to sustain the two important constraints on copyrights. These jurisdictions either sought to restrain the scope of anticirvumvention protection, or allowed for certain fair use privileges excused from the anticircumvention right. In view of the significance of public domain and fair use for information exchange and sequent innovation, it would be advisable for the U.S. to reconsider its anticircumvention provisions in reference to regulations adopted by other WIPO members, and to reflect its attitude pressuring trade partners to model after DMCA anticircumvention.
Author: Tomohiko Kobayashi
Publisher:
ISBN:
Category :
Languages : en
Pages : 23
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Book Description
“Circumvention” is a growing challenge to the effectiveness of international law as the incentive to circumvent laws grows as the “legalization” of international society continues. This analysis on the anti-circumvention provisions within the WTO Agreement reveals a lack of clarity and coherence in the existing disciplines. Ongoing negotiations to modify trade rules also do not fully address these concerns. Therefore, this article proposes that there is a need for a comprehensive approach consisting of amendment, coherent interpretation, use of general principles, and functional reallocation for the WTO Agreement to address circumvention more effectively. In particular, to establish an efficient legal framework for economic integration in East Asia, this article notes that the priority in improving and clarifying anti-circumvention disciplines is to strike multidimensional balances between legitimate interests, including those between sovereign liberty and the effectiveness of international agreements, and those between the predictability of obligations and the effectiveness thereof.
