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Trade and investment agreements are disputed because they limit the regulatory autonomy of national legislatures of participating countries. This is particularly true of mega-regionals given their expanded scope. On that account, negotiators build safe-guards into the agreements with a view to containing the intrusion into the national legal order. The debate revolves around whether the envisaged safeguards are sufficient to achieve that goal or whether, de lege ferenda, more needs to be done to find the right power balance. The present essay, first of all, elucidates the extent of sovereignty loss as a result of mega-regionals, and secondly, explores some options to secure policy space for national lawmakers, such as the use of broader exception clauses or the setting of guidelines for the calculation of damages.
The Scope and Prospects of Article 10bis of the Paris Convention for the Protection of Industrial Property
In The Protection Against Unfair Competition in the WTO TRIPS Agreement, Christian Riffel offers an account of the potential which Article 10bis of the Paris Convention has for the world trading system. In particular, the author explores what hard law obligations emerge and examines a possible application to unsettled issues, such as core labour standards and traditional knowledge.
Article 10bis embodies unfair competition law in a nutshell. The TRIPS Agreement incorporates this Article into the World Trade Organization, thus making unfair competition law a discipline of international trade law. By providing an effective enforcement mechanism against unfair competition, the WTO upholds ‘honest practices’ in the course of trade, alleviating enforcement deficits in other areas of international law.
Article 10bis embodies unfair competition law in a nutshell. The TRIPS Agreement incorporates this Article into the World Trade Organization, thus making unfair competition law a discipline of international trade law. By providing an effective enforcement mechanism against unfair competition, the WTO upholds ‘honest practices’ in the course of trade, alleviating enforcement deficits in other areas of international law.
The Scope and Prospects of Article 10bis of the Paris Convention for the Protection of Industrial Property
In The Protection Against Unfair Competition in the WTO TRIPS Agreement, Christian Riffel offers an account of the potential which Article 10bis of the Paris Convention has for the world trading system. In particular, the author explores what hard law obligations emerge and examines a possible application to unsettled issues, such as core labour standards and traditional knowledge.
Article 10bis embodies unfair competition law in a nutshell. The TRIPS Agreement incorporates this Article into the World Trade Organization, thus making unfair competition law a discipline of international trade law. By providing an effective enforcement mechanism against unfair competition, the WTO upholds ‘honest practices’ in the course of trade, alleviating enforcement deficits in other areas of international law.
Article 10bis embodies unfair competition law in a nutshell. The TRIPS Agreement incorporates this Article into the World Trade Organization, thus making unfair competition law a discipline of international trade law. By providing an effective enforcement mechanism against unfair competition, the WTO upholds ‘honest practices’ in the course of trade, alleviating enforcement deficits in other areas of international law.