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Tomohiko Kobayashi

of international law. As a step toward across-the-board studies, this article focuses on an emerging legal issue in the field of international trade law, namely, the effectiveness of anti-circumvention provisions to address emerging threats to the regulations over agricultural export subsidies. For

, 362 copyright protection anti-circumvention measures, 377-382 international conventions, 363-374 creativity, 366-369 remedies, 371-374 scope of, 365-371 defi nition, 361 Dispute resolution culture, 35 see also Jordan Droit de la famille, 8-34, 171-172, 178-179 Droit international privé, 158

Seokwoo Lee

Vol. 2 No. 2 of the Korean Journal of International and Comparative Law begins with “Revisiting the Role of Anti-Circumvention Provisions Under the wto Agreement: Lessons for East Asia” by Professor Tomohiko Kobayashi of Otaru University of Commerce in Japan. He looks at the phenomenon of

Igor Motsnyi

character of the DMCA among other anti-circumvention legislation, it is likely that other countries will follow the American path and adopt an extremely broad defi nition. 22 In its covenants, the WIPO has—it should be noted—taken a more balanced position by imposing an obligation on contracting parties to

Fayyad Alqudah

limitations to the scope of protection concerning fair use or research work. According to Article (10) of the Berne Convention, it is “permissible to make quotations from a 22 It is noted that neither Berne Convention nor TRIPS Agreement considers the anti- circumvention of technological measures mandatory to

Kyle Dylan Dickson-Smith

work in conjunction with a general cost-shifting rule (adjusting costs based on both the result of the claim and the conduct of the disputing party), 115 which is similar to that in the CETA 116 and in the EU-Singapore FTA. 117 3.2.2.1 Anti-circumvention Process The TTIP text contains an

Sherzod Shadikhodjaev

Agreement is that it provides for anti-circumvention measures in both dumping and subsidy cases. Circumvention refers to a change in the pattern of trade that is aimed at avoidance of not only anti- dumping or countervailing duties imposed but, also, implementation of voluntary undertakings by the exporter

Ezieddin Elmahjub

regarded as ‘exception’ from infringement under the us Copyright Act, are not allowed under anti-circumvention provisions of dmca . 136 ‘If a work is protected by technical controls, circumventing those controls to act in a manner privileged under the copyright act is still prohibited’. 137 The tpm

Jorun Baumgartner

Trade and Investment Partnership (TTIP) under negotiation between the EU and the US contains an identically worded clause, entitled ‘Anti-circumvention’. 103 As becomes obvious, these recent draft IIAs have incorporated the essence of the ‘pre-existing/foreseeable dispute’ jurisprudence. The inclusion

Steve Peers

9 Jan. 2008 in Case C-268/06 Impact , pending, as regards the exclusions from competence in the current Article 137(5) TEC (future Art. 153(2) TFEU) which, moreover, does not concern a limitation on competence to establish a ‘common’ policy. 101) Th is analysis is consistent with my ‘anti-circumvention