The objective of this article is to examine the implications of the intellectual property provisions in the US–Jordan Free Trade Agreement (US–JO FTA) and whether they serve as a template for other Arab countries who will be concluding free trade agreements with the USA. My claim in this article is that the intellectual property part of the US–JO FTA goes beyond the World Trade Organization Agreement and cannot form the right template for the proposed (...) US–Middle East FTA of 2013. The first section provides a brief introduction to the US–JO FTA. The second section provides a critical analysis of the FTA’s protection of trademarks, copyright and patents. The third and fourth sections discuss enforcement and implementation of the intellectual property provisions of the FTA. The final section provides a conclusion regarding the intellectual property provisions of the US–JO FTA and highlights an alternative template for the proposed US–Middle East FTA. (shrink)

The global economy has showed progress in terms of a new reign of multilateral cooperation represented by the World Trade Organization (WTO). On the other hand. regional integration creates economic benefits as illustrated by the creation of the EU and NAFTA. East Asia has also seriously pursued prospects for economic integration. producing considerable successes thus far. A Free Trade Agreement is a useful tool to assist in this evolution of trade relations. and South Korea. one of (...) the major economies in East Asia. is uniquely situated to play a significant role in future negotiations. From this perspective. this paper surveys the global structure and organization of international trade. problems of regional economic integration emphasizing East Asia. and attempts to articulate a plausible South Korean strategy. (shrink)

It is assumed that the parties to the FTA will carry out their commitments in good faith. Persons and companies would risk capital and may suffer potential loss; therefore FTAs require a strong legal foundation incentivizing stability, transparency and compliance with obligations. -/- The dispute settlement mechanism in FTAs is necessary as they provide means to settle disagreements on interpretation or compliance with treaty obligations. The dispute settlement mechanism help ease tensions among FTA parties and maintain healthy relationships among trading (...) partners. (shrink)

The purpose of this paper is to examine the labor and environment provisions of the US-Jordan FTA.

The United States (U.S.) and Jordan launched negotiations for a free trade agreement in 2000.The US-JO FTA includes a preamble, nineteen articles, three annexes, joint statements, memorandums of understanding, and side letters. In addition to the interesting articles on labor and environment, the US-JO FTA provides the opportunity for Jordanian nationals to come to the U.S. to make investments and participate in trade. Under certain conditions, Jordanian nationals can enter the U.S. to render professional services. The purpose (...) of this article is to examine in detail article 8 of the US-JO FTA which relates to entry of nationals of one party into the territory of the other. The article starts by providing a brief background of the negotiation and conclusion of the US-JO FTA. Then, the article analyzes in detail the specific provision related to temporary entry of nationals. The article draws a comparison between US-JO FTA with the North American Free Trade Agreement (NAFTA) and the more recent trade agreements between the U.S., Oman, Bahrain, and Morocco. Finally, the article observes that although the US-JO FTA, like all US FTAs, is designed to permit temporary entry, without intent to establish permanent residence, of persons, the U.S. should have provided Jordan with special and differential treatment for entry of its nationals. Taking into account the special circumstances of Jordan as a developing country with low-income status, high unemployment rate, and lack of resources, movement of business visitors, investors, intra-company transferees, and professionals should have been dealt with leniency so that the FTA could generate effective and real market access. (shrink)

My inquiry will assess why, many decades after first attempts of economic integration, Arab countries have not been more successful in emulating the success of the European Union, a paradigm of successful economic integration. Specifically, I will explore obstacles to Arab economic integration and address the political and economic factors that play a role to achieve this goal. The central hypothesis of this paper is that there must be fundamental structural changes in Arab economic integration agreements.

Free trade agreements are about reducing tariffs, market access in services, protection of intellectual property rights, streamlining customs procedures, trade remedy measures, and dispute settlement mechanism. Equally important if not even more important than these provisions is the designation of rules of origin. Many benefits can be lost if restrictive rules of origin are incorporated. Rules of origin are supposed to be straightforward and easy-to-follow methods used to determine origin of imported goods. The policy question that (...) arises is how to improve trade integration among Arab countries through more effective rules of origin. (shrink)

Rules of origin (ROO) are pivotal element of the Greater Arab Free Trade Area (GAFTA). ROO are basically established to ensure that only eligible products receive preferential tariff treatment. Taking into consideration the profound implications of ROO for enhancing trade flows and facilitating the success of regional integration, this article sheds light on the way that ROO in GAFTA are designed and implemented. Moreover, the article examines the extent to which ROO still represents an obstacle to the (...) full implementation of GAFTA. In addition, the article provides ways to overcome the most important shortcomings of ROO text in the agreement and ultimately offering possible solutions to those issues. Bashar H. Malkawi and Mohammad I. El-Shafie. (shrink)

Jordan agreed to extensive liberalization undertakings under the General Agreement on Trade in Services (“GATS”) that would open some sectors that were previously closed or restricted to foreign suppliers and investors. It undertook horizontal commitments in cross-border movement of individuals and commercial presence covering all types of services.

Arab countries have adopted market economy principles and pursued policies designed to strengthen their economies. The cornerstone of Arab countries' long-term economic objectives has been to increase trade and support economic growth via regional and global integration. To this end, Arab countries are attempting to broaden their engagement in the multilateral trading system by joining the World Trade Organization (WTO). In addition, some Arab countries entered into trade arrangements with the United States (U.S.) to foster economic development, (...) attract investment, and develop peaceful relationship. These trade agreements carry several implications for local economies. (shrink)

From the traditionalist position on international law, a new form of compact agreement, which cannot be classified as an international treaty in terms of academic framework, had long fueled much of contention in politics, international law, and constitutional law. A growing practice of compact agreement had been natural as corresponding with the global compression of international community and rising aspiration of peace regime on the international relations. The scholars of international law believe that, regardless of whether the President of the (...) United States is an internationalist or an isolationist, the enactment of international law in the 21st century will be based on more pragmatic rather than formal criteria. It is still true whether or not he is willing to accept or escape the international obligations so that we can more realistically share the powers conferred by the Constitution. On the other hand, a constitutional controversy on somewhat mushy yet sophisticated issues on the compact agreements began with the Laurence Tribe's acrimonious criticism in 1990. He argues that a procedure between Congress and the executive branch for the Clinton administration's accession to the North American Free Trade Agreement(NAFTA) is unconstitutional. His criticism pointed out that the NAFTA is unconstitutional since it is contrary to the text and structure of the Constitution. On the other hand, scholars of political science believe that, while a politics is termed as the distribution of values, the new form of compact agreement serves connecting the domestic and international politics as a living organism and must be affirmed from the standpoint of parliamentary politics. The political scientists argue on the necessity and inevitability of a new form of international agreement as pursuant to the nature of political process on informal procedures and parliamentary practices. In respect of the theoretical controversy, the paper is devoted to survey what the new form of compact agreement is, what types we can identify and explore the theoretical contest among the disciplines. As the dealings of paper attempt to touch on the core of scholarly assertions as fundamental and philosophical, the endeavor could inculcate the mind of international lawyers within and outside the government by providing a better framework to understand the specific real-world issues. The perception and rationale for the new form of international agreement should differ varying with their academic disciplines from which their thought stems from. The paper ends with implications within the grand scale of jurisprudence. (shrink)

The WTO Agreement on Safeguards prescribes each member to adopt appropriate domestic legislation before it imposes safeguard measures. Historically, Jordan enacted its first WTO-compatible safeguard law, known as the National Production Protection Law No.4 of 1998 (“NPP Law”), in 1998 on the eve of Jordan’s accession to the WTO. Afterward, it amended its NPP Law of 1998. So now, Jordan’s safeguard system is based on the amended NPP Law No. 50 of 2002 and Regulation on Safeguard of National Production. -/- (...) The purpose of the paper is to examine Jordan's safeguard law. The paper analyzes safeguard investigation, safeguard review, and duration. In addition, the paper examines safeguard measures under the U.S.-Jordan Free Trade Agreement. (shrink)

Exports are critical for the highly open Ukrainian economy which is characterized by the large trade deficit. Since independence the major consumers of the Ukrainian products have been the CIS and the EU. Conflict with Russia led to the significant decline of the volume of Ukraine’s export commodities. The export analysis, based on the data provided by the State Statistics Service of Ukraine for the period of 2010-2018 allowed to identify the problems and to come up with possible solutions (...) focusing primarily on the role of the Government of Ukraine in strengthening cooperation with the EU. Firstly, it is suggested to take the institutional steps aimed at expanding and deepening the integration towards the common economic space with the EU, especially the common customs space. Secondly, to explore the opportunities of exporting goods to the countries, with which the EU has signed regional trade agreements. The third step is related to the changing role of Ukraine in the global model of the transformation of the world economy and requires the combination of close cooperation with the EU, on the one hand, and the powerful economies, on the other, thereby contributing to the formation of non-confrontational relations between East and West. (shrink)

The anti-counterfeiting trade agreement was originally meant to harmonise and enforce intellectual property rights provisions in existing trade agreements within a wider group of countries. This was commendable in itself, so ACTA’s failure was all the more disappointing. In this article, I wish to contribute to the post-ACTA debate by proposing a specific analysis of the ethical reasons why ACTA failed, and what we can learn from them. I argue that five kinds of objections—namely, secret negotiations, lack (...) of consultation, vagueness of formulation, negotiations outside any international body, and the creation of a new governing body outside already existing forums—had only indirect ethical implications. This takes nothing away from their seriousness but it does make them less compelling, because agreements should be evaluated, ethically, for what they are, rather than for the alleged reasons why they are being proposed. I then argue that ACTA would have caused three ethical problems: an excessive and misplaced kind of responsibility, a radical decrease in freedom of expression, and a severe reduction in information privacy. I conclude by indicating three lessons that can help us in shaping a potential ACTA 2.0. First, we should acknowledge the increasingly vital importance of the framework of implicit expectations, attitudes, and practices that can facilitate and promote morally good decisions and actions. ACTA failed to perceive that it would have undermined the very framework that it was supposed to foster, namely one promoting some of the best and most successful aspects of our information society. Second, we should realise that, in advanced information societies, any regulation affecting how people deal with information is now bound to influence the whole ‘onlife’ habitat within which they live. So enforcing IPR becomes an environmental problem. Third, since legal documents, such as ACTA, emerge from within the infosphere that they affect, we should apply to the process itself, which one day may lead to a post-ACTA treaty, the very framework and ethical values that we would like to see promoted by it. (shrink)

The paper examines the ways trust can be re-build for the future of free trade.

The purpose of the paper is to examine free trade in Islamic law.

Th is work is a companion piece to "The American Worker," Karl Kautsky's reply to Werner Sombart’s Why Is There No Socialism in the United States? (1906), first published in English in the November 2003 edition of the journal Historial Materialism. In August 1909 Kautsky wrote an article on Samuel Gompers, the president of the American Federation of Labor, on the occasion of the latter's first European tour. Th e article was not only a criticism of Gompers’s anti-socialist "pure-and-simple" unionism (...) but also part of an ongoing battle between the revolutionary wing of German Social Democracy and the German trade-union officials. In this critical English edition we provide the historical background to the document as well as an overview of the issues raised by Gompers' visit to Germany, such as the bureaucratisation and increasing conservatism of the union leadership in both Germany and the United States, the role of the General Commission of Free Trade Unions in the abandonment of Marxism by the German Social-Democratic Party and the socialists’ attitude toward institutions promoting class collaboration like the National Civic Federation. (shrink)

In the last 10 years, after becoming the official member of WTO in 2007, Vietnam has made commitments to the comply with the US-Vietnam Bilateral Trade Agreement and other international economic agreements. Vietnam has also become a member of the AEC and entered into important free trade agreements, notably the Trans Pacific Partnership. The financial integration of Vietnam in the global economy has been increasing rapidly. However, Vietnam also witnesses the unexpected economic fluctuations domestically and (...) internationally. The global financial crisis, especially the US financial crisis, exerts a major impact on Vietnam’s economy and its banking system. Accordingly, the real estate market, stock market and banking system in Vietnam have fluctuated remarkably. This article discusses the causes of the US financial crisis and analyses the US government’s solutions. The causes of the US financial crisis are distributed to lax lending standards, failures in regulations of derivates financial instruments, and lack of state control of banking systems. In this respect, recommendations are made for Vietnam’s case. (shrink)

In the last 10 years, after becoming the official member of WTO in 2007, Vietnam has made commitments to the comply with the US-Vietnam Bilateral Trade Agreement and other international economic agreements. Vietnam has also become a member of the AEC and entered into important free trade agreements, notably the Trans-Pacific Partnership. The financial integration of Vietnam in the global economy has been increasing rapidly. However, Vietnam also witnesses the unexpected economic fluctuations domestically and internationally. (...) The global financial crisis, especially the US financial crisis, exerts a major impact on Vietnam’s economy and its banking system. Accordingly, the real estate market, stock market and banking system in Vietnam have fluctuated remarkably. This article discusses the causes of the US financial crisis and analyses the US government’s solutions. The causes of the US financial crisis are distributed to lax lending standards, failures in regulations of derivates financial instruments, and lack of state control of banking systems. In this respect, recommendations are made for Vietnam’s case. (shrink)

In order for the liberalization and increase of international trade, the free trade agreement is generally deemed a most useful instrumentality within the region. Under the WTO regime, we can see that a plethora of FTA arrangements are negotiated, come into the treaty laws, as well as operate to regulate the binational or tri-national trade disputes on the regional basis. As most typical and frequented in FTAs, they usually include an arbitration and binational panel procedure as (...) a dispute settlement mechanics. In many aspects, the procedures prescribed in most of FTAs could be apposite that most effectively and cheaply handle the disputes arising from the specific binational or trinational treaties. On the other hand, they could offer a chance to avoid the constitutional musters merely because diplomacy, international negotiation, ratification of treaties and approval of them traditionally fall within the powers of Congress or Executive under the separation of powers principle. This paper examined the legal issues as focused upon the NAFTA ch. 19, ch. 11 and US constitution. The chapters instituted the binational panel procedure dealing with the anti-dumping or counter measures as of subsidies, as well as legal dispute from the binational investment arrangements. From the consitutional viewpoint, we can be aware that the chapters could expressly contravene the Article III of original jurisdiction, Eleventh amendment of state sovereignty, and limitations of the treaty making powers inherent in the separation of powers principle. Given the overriding feature of such treaty clauses, the treaty should be ratified through the form of constitutional amendment, which requires a more stern step over most of the civilized constitutional states. The constitution is a supreme law in land, and represents a popular sovereignty as sheerly distinguished from the constitutional function of normal branches. When the special mechanics of dispute settlement may adopt an option of forum for escape, it is viewed that its unconstitutionality could yet be cured because the constitutional language of Article III original jurisdiction is considered mandatory or exclusive. I believe that the constitutional amendment procedure only could properly dispose such arrangements. While some areas of the presidential powers are deemed not subject to constitutional review as resorted upon the doctrine of political question or judicial self-restraint, the current jurisprudence gradually finds some limitations on the presidential power of foreign affairs including the treaty or war making provisions. As for a would-be treaty party of FTA, the constitutional issues raised in US is not entirely irrelevant to the Korean case ahead. (shrink)

The World Trade Organization (WTO) is a multilateral trade organization that, at least partially, governs trade relations between its member states. The WTO (2011a) proclaims that its “overriding objective is to help trade flow smoothly, freely, fairly and predictably.” The WTO is a “treaty-based” organization – it has been constituted through an agreed, legally binding treaty made up of more than 30 articles, along with additional commitments by some members in specific areas. At present, 153 states (...) are members of the WTO, which collectively make up over 97 percent of all trade worldwide (WTO 2011b). Together, the WTO treaty specifies the rights and obligations of its member states. To become a member of the WTO, a state must treat the agreement as a “single undertaking.” Members cannot choose à la carte which agreements – for example, regarding tariffs, or trade in services or intellectual property – they want to accede to and which they do not. Instead, they must take on the obligations of the agreement in toto. The WTO is one of the most consequential governance institutions in the world, a lodestar of political debate about globalization (see globalization), attracting increased interest from moral and political philosophers in recent years (James 2006; Moellendorf 2005; Risse 2007; Brock 2009). (shrink)

The question this article addresses is how the WTO supports and deals with digital trade. The article then analyzes how existing WTO agreements have dealt with digital trade. The article also addresses recent trade agreements particularly the USMCA.

In the debate on how we ought to define political freedom, some definitions are criticized for implying that no one can ever be free to perform any action. In this paper, I show how the possibility of freedom depends on a definition that finds an appropriate balance between absence of interference and protection against interference. To assess the possibility of different conceptions of freedom, I consider the trade-offs they make between these two dimensions. I find that pure negative (...) freedom is clearly possible. Republican freedom might also be possible, though its protection requirement is too vague for a definitive verdict. Finally, the recently proposed ‘freedom as independence’ is impossible since it is an attempt to avoid the unavoidable trade-off. (shrink)

This thesis explores Vietnam’s trade policymaking to generate insights into the factors driving the country’s process of trade liberalization since the 1980s. Vietnam provides an important case for the study of the politics of trade policy, as its rapid transformation from isolation to active trade player has been one of the most dramatic of any country. As a developing country, such trade agreements require costly and highly politically sensitive policy reforms. Moreover, as a country (...) with a one-party socialist political system, its capacity to engage with the capitalist global and regional trade regimes is less than for many of its peers. This situation raises questions about how and why Vietnam has so rapidly adopted a strategy of aggressive trade liberalization through bilateral, regional and global trade agreements? (shrink)

How should the fact of state consent to international agreements affect their moral evaluation? Political criticism of the content of international agreements is often answered by invoking the voluntary nature of those agreements: if states did not wish to accept their terms then they were free to reject them; the fact of their having voluntarily accepted them limits the scope for subsequent criticism. This is the “Voluntarist Reply”. This paper examines the Voluntarist Reply to understand the (...) specific moral work that it claims to do, the sense of voluntariness that it requires, and the limits on the capacity of voluntary consent to answer substantive political and moral criticism . It maps those limits across four prominent and plausible accounts of international economic justice to understand the different ways that consent does or does not alter the moral situation. (shrink)

James Sterba uses the Pauline Principle to argue that the occurrence of significant, horrendous evils is logically incompatible with the existence of a good God. The Pauline Principle states that (as a rule) one must never do evil so that good may come from it, and according to Sterba, this principle implies that God may not permit significant evils even if that permission would be necessary to secure other, greater goods. By contrast, I argue that the occurrence of significant evils (...) is logically compatible with the existence of a good God because victims of significant evils may themselves reasonably consent to their suffering. In particular, I argue that they may be able to accept their suffering if it turns out that there was no way for God to secure relevant greater goods (or prevent other, greater evils) except by way of allowing their suffering, and God also provides them with other compensating, heavenly comforts. After using this consent-based argument to address Sterba’s logical problem from evil, I briefly consider how this argument may also help address a related evidential problem from evil, which suggests that while it is possible that victims of significant evils would consent to their suffering, it is unlikely that they would do so. While I do not provide a definitive solution to this evidential problem of evil, I highlight one important example of a trade-off that God may need to make that would—along with the provision of compensating, heavenly comforts—potentially persuade victims of significant evils to consent to their suffering. Specifically, I argue that there may be a necessary trade-off that God needs to make between permitting significant evils (on the one hand) and protecting a certain, morally significant form of free will (on the other hand). (shrink)

Much of chapters 2 to 6 of this book is in agreement with publications from the last twenty years (including those of the reviewer); so for example Frede’s points that neither Aristotle nor the Stoics had a notion of free-will; that in Epictetus (for the first time) the notions of freedom and will were combined; that an indeterminist notion of free-will occurs first in Alexander. The achievement of these chapters lies in the way Frede carefully joins them together (...) and uses them as a basis for some substantive criticism and rewriting of the history of free-will regarding late antique Pagan and Christian authors, in particular Plotinus, Origen and Augustine. (shrink)

This study analyses behavioral psychological facilitators and barriers to using different carsharing business models. It identifies the most preferable carsharing business models for different trip purposes as well as the main motivators for using it. Users of carsharing services (N=1,121) in German cities completed a questionnaire distributed by five operators representing three different business models: freefloating (FF), round-trip station-based (RTSB), and peer-to-peer (P2P). All analyses are performed from a Bayesian perspective and further discussion of the statistical analyses is included. The (...) main results indicate that there are different preferences for carsharing business models depending on the trip purpose, with a trade-off between free-floating and round-trip station-based business models. The peer-to-peer business model stood out for short holiday trips. Age, educational level, and income affected the probability of selecting different carsharing operators. Users of FF and RTSB differ regarding driving habits and trust in the services. (shrink)

I have three main objectives in this essay. First, in chapter 2, I shall put forward and justify what I call worldlessness, by which I mean the following: All truths (as well as falsehoods) are wholly independent of any circumstances, not only time and place but also possible worlds. It follows from this view that whatever is actually true must be taken as true with respect to every possible world, which means that all truths are (in a sense) necessary. However, (...) the account I shall propound is different from what is known in the trade as necessitarianism, i.e. the view that there is only one possible world, viz. the actual one, for the doctrine of the worldlessness of truth values, despite its commitment to the necessity of truths and falsehoods, is quite compatible with the idea of there being other possible worlds. Another important issue in chapter 2, explored in particular in section 2.12, is the claim that there is no real change in the world. Secondly, in chapter 3 I consider the eminent traditional argument for determinism, deriving from Aristotle, namely, logical determinism, i.e. determinism justified by an appeal to the logical principle of bivalence (that all proper statements, including those concerning the future, are either true or false). In this connection I try to show that, (i), the formulation of the conclusion of this argument as "Whatever will happen will happen of necessity" is implausible, at least from the modern point of view, (ii), the formulation as "Whatever will happen will happen inevitably" is more to the point, and (iii), on the basis of the worldless and timeless aspect advocated in chapter 2, this latter formulation is quite harmless, essentially amounting to the trivial statement, "Whatever will happen will happen". Thirdly, in chapter 4 I study theological determinism, or determinism that arises from God's supposed providential control over everything that happens. In this connection, I shall survey some historical accounts of the relation between human free will and determinism (not only theological but also causal determinism); the philosophers the views of whom I shall attend to include Chrysippus, St. Augustine, Boethius and Aquinas. I shall in particular consider G.W. Leibniz' theodicean aspirations, viz. his solution to the problem of evil and, especially, his compatibilist attempts to reconcile human free will with the strictly deterministic flow of actual events. I think it is important to try to explicate Leibniz' ingenious account of these matters, since it seems that it has not been fully appreciated in the literature, not even by contemporary Leibniz scholars (such as B. Mates, R.C. Sleigh, C. Wilson, R.M. Adams and D. Rutherford). In providing the Leibnizian compatibilist solution of the problem of determinism and freedom in chapter 4, I shall utilize the approach of chapter 2. (shrink)

Examines the relevance of empirical studies of responsibility judgments for traditional philosophical concerns about free will and moral responsibility. We argue that experimental philosophy is relevant to the traditional debates, but that setting up experiments and interpreting data in just the right way is no less difficult than negotiating traditional philosophical arguments. Both routes are valuable, but so far neither promises a way to secure significant agreement among the competing parties. To illustrate, we focus on three sorts of issues. (...) For illustration, we discuss an error theory for incompatibilist intuitions proposed by Eddy Nahmias and colleagues, the role that empirical studies might have in the assessment of manipulation arguments for incompatibilism, and the suggestion that empirical studies reveal that core criteria for moral responsibility ought not to be applied invariantly across different sorts of cases. (shrink)

The purpose of this paper is to briefl y examine one of the fundamental assumptions made in contemporary liberal political philosophy, namely that persons are free and equal. Within the contemporary liberal political thought it would be considered very uncontroversial and even trivial to claim something of the following form: “persons are free and equal” or “people think of themselves as free and equal”. The widespread nature of this assumption raises the question what justifies this assumption, are (...) there good reasons for holding it? After establishing some methodological remarks, including a distinction between having freedom-equality and being free-equal and restricting the domain of discussion to include only a subset of all moral questions, namely the questions of political morality, the paper deals with some conceptual issues concerning this assumption of persons as free and equal, such as how do free-and-equal-making properties relate to person-making properties. It then moves on to examine three broad ways the free-and-equal-mak-ing properties could be established. First, necessary property approaches, which take some necessary feature of persons to be what makes them free and equal (e.g. possessing an immortal soul). Second, contingent property approaches, which take some contingent feature of persons to be what makes them free and equal (e.g heir practise of reasoning). Third, agreement based approaches, which take some agreement or contract among persons to be the basis for their being free and equal (e.g. evolutionary emergence of our treatment of others). Strengths and weaknesses of all approaches will be examined. (shrink)

The force law of Maxwell’s classical electrodynamics does not agree with Newton’s third law of motion (N3LM), in case of open circuit magnetostatics. Initially, a generalized magnetostatics theory is presented that includes two additional physical fields B_Φ and B_l, defined by scalar functions. The scalar magnetic field B_l mediates a longitudinal Ampère force that balances the transverse Ampère force (aka the magnetic field force), such that the sum of the two forces agrees with N3LM for all stationary current distributions. Secondary (...) field induction laws are derived; a secondary curl free electric field E_l is induced by a time varying scalar magnetic field B_l, which isn’t described by Maxwell’s electrodynamics. The Helmholtz’ decomposition is applied to exclude E_l from the total electric field E, resulting into a more simple Maxwell theory. Decoupled inhomogeneous potential equations and its solutions follow directly from this theory, without having to apply a gauge condition. Field expressions are derived from the potential functions that are simpler and far field consistent with respect to the Jefimenko fields. However, our simple version of Maxwell’s theory does not satisfy N3LM. Therefore we combine the generalized magnetostatics with the simple version of Maxwell’s electrodynamics, via the generalization of Maxwell’s speculative displacement current. The resulting electrodynamics describes three types of vacuum waves: the Φ wave, the longitudinal electromagnetic (LEM) wave and the transverse electromagnetic (TEM) wave, with phase velocities respectively a, b and c. Power- and force theorems are derived, and the force law agrees with Newton’s third law only if the phase velocities satisfy the following condition: a >> b and b = c. The retarded potential functions can be found without gauge conditions, and four retarded field expressions are derived that have three near field terms and six far field terms. All six far field terms are explained as the mutual induction of two free fields. Our theory supports Rutherford’s solution of the 4/3 problem of electromagnetic mass, which requires an extra longitudinal electromagnetic momentum. Our generalized classical electrodynamics might spawn new physics experiments and electrical engineering, such as new photoelectric effects based on Φ- or LEM radiation, and the conversion of natural Φ- or LEM radiation into useful electricity, in the footsteps of dr. N. Tesla and dr. T.H. Moray. (shrink)

Any foreign manufacturer desiring to market its products in Jordan has several courses open to it. The foreign manufacturer could establish a branch or wholly-owned subsidiary in Jordan or enter into a licensing or joint venture agreement with a company doing business in Jordan. If it wants a less significant presence, however, it is left with the alternative of having a local commercial agent market and sells its products. -/- The purpose of this article is to study certain aspects-exclusivity and (...) termination- of commercial agency according to the Jordanian law. The article is divided into four sections. Section two explains the general rules governing commercial agency in Jordan. Section three analyzes exclusivity of commercial agents. This section introduces the WTO's General Agreement on Trade in Services (GATS), the basic instrument covering trade in services, and analyses the current commercial agencies regulation in Jordan and its relation to articles VIII and IX of GATS. Also, section two explores Jordan schedule of specific commitments under the GATS in order to shed light on the extent and limit of its obligations with regard to commercial agents. Section four discusses agency termination. Finally, the article concludes by summarizing the main. (shrink)

The dispute settlement mechanism in FTAs is necessary as they provide means to settle disagreements on interpretation or compliance with treaty obligations. The dispute settlement mechanism help ease tensions among FTA parties and maintain healthy relationships among trading partners. Bashar H. Malkawi.

With the establishment of the World Trade Organization in 1995, the dispute settlement mechanism for international trade was greatly prepared unlike the old GATT system. It has a very different pattern from that of original GATT system. In our case, international trade is a matter of the future of nations, and in reality of the intense world economic competition, this system change may well be of concern to our government or legal experts. In this context, this paper (...) examines the nature and problems of the WTO appeal system under the premise of the rule of law, judicial prowess, and the role of a judge. The WTO dispute settlement mechanism is based on the domestic judicial system or other international judicial systems. In contrast to this, the comparative history is only short indeed, but according to the accumulation of future precedents, it is highly possible to provide a model for the achievement of the rule of law ideals in the international community. However, due to the inherent limitations of international agreement system, the reality of appellate body is not easy. In terms of the international trade and rule of law, the role of appellate body and judges is very broad. However, in this paper, we first look at the significance and nature of the launch of WTO and furthermore; 1) the rule of law and judicial system, 2) several issues related to the nature of WTO dispute settlement mechanism, 3) the importance of judge-made law and the scope and limitations of appellate jurisdiction, 4) issues of reference materials submitted by procedures outside the process, 5) the relationship between the appellate body and political authorities. Over the review, the penetrating thoughts will be focused on judicial activism. Those points of consideration will be discussed through the approach and method on the comparative legal studies and several significant WTO precedents. (shrink)

The demonstration of a loophole-free violation of Bell's inequality by Hensen et al. (2015) leads to the inescapable conclusion that timelessness and abstractness exist alongside space-time. This finding is in full agreement with the triple-aspect monism of reality, with mathematical Platonism, free will and the eventual emergence of a scientific morality.

John Tomasi's new book, Free Market Fairness, has been well-received as "one of the very best philosophical treatments of libertarian thought, ever" and as a "long and friendly conversation between Friedrich Hayek and John Rawls—a conversation which, astonishingly, reaches agreement". The book does present an authoritative state-of-the-debate across the spectrum from right-libertarianism on the one side to high liberalism on the other side. My point is not to question where Tomasi comes down with his own version of "market democracy" (...) as a remix of Hayek and Rawls. My point is to use his sympathetic restatements of views across the liberal spectrum to show the basic misframings and common misunderstandings that cut across the liberal-libertarian viewpoints surveyed in the book. As usual, the heart of the debate is not in the answers to carefully framed questions, but in the framing itself. (shrink)

The World Trade Organization (WTO) is one of the best dispute settlement mechanisms in the world. Under WTO rules, aggrieved parties must establish a “prima facie” case before the panel can call on the offending party to respond to the claims. The objective of the present study is to critically evaluate the application of the concept of burden of proof underWTOdispute settlement mechanism.

The Community of Shared Future for Mankind (CSFM) concept is a comprehensive Chinese proposal for a better future of mankind. In this article, we provide a comprehensive analysis of this concept by focusing on its origin, evolution and philosophical foundation. This article deals with the origin and evolution of the CSFM concept. We show that the concept originated during the presidency of Hu Jintao, who initially used it for the domestic affairs of China. However, the usage of the concept was (...) later extended from domestic to international affairs. Though Hu Jintao conceived the CSFM concept, it is president Xi Jinping who became its greatest advocate. We explore the CSFM concept’s development and evolution into one of the most influential, diverse and dominant concepts of international relations under president Xi. Furthermore, the article explores the philosophical foundation of the CSFM concept. We argue that although CSFM concept is seen as a 21st century Chinese idea, the roots of the concept can be traced back to much earlier time in history. The concept is based on three major philosophical thoughts: Marxism, Confucianism and the philosophy of Mencius. We show that the CSFM concept is greatly influenced by Marx’s ideas such as the transformation of the world, the free association of producers, historical materialism and dialectics. We also point to a number of Confucian principles that are adopted by the CSFM concept. The CSFM concept not only adopts Confucian principles but also extends their scope from the individual level to international relations. Similarly, we also highlight that the CSFM concept is influenced by Mencius’ concepts such as universal brotherhood, responsibility towards the betterment of the world, humane governance, free trade, equal sharing of wealth and the conservation of natural resources. (shrink)

Ubuntu originated in small-scale societies in precolonial Africa. It stresses metaphysical and moral interconnectedness of humans, and newer Africapitalist approaches absorb ubuntu ideology, with the aims of promoting community wellbeing and restoring a love of local place that global free trade has eroded. Ecological degradation violates these goals, which ought to translate into care for the nonhuman world, in addition to which some sub-Saharan thought systems promote environmental concern as a value in its own right. The foregoing story (...) is reinforced by field research on African hunting operations that appear—counterintuitively—to reconcile conservation with business imperatives and local community interests. Though acknowledging shortcomings, I maintain these hunting enterprises do, by and large, adopt Africapitalist and ubuntu attitudes to enhance community wellbeing, environmental sustainability, and long-term economic viability. I also examine how well-intentioned Western conservation agendas are neocolonial impositions that impede local control while exacerbating environmental destruction and socioeconomic hardship. Ubuntu offers a conciliatory epistemology, which Africapitalism incorporates, and I conclude by considering how standard moral theories and political divisions become less antagonistic within these sub-Saharan frameworks, so even opponents can find common cause. (shrink)

In episode 6 of the first season of The Handmaid’s Tale, the Republic of Gilead welcomes a trade delegation of the United Mexican States. Offred’s hope that the ensuing trade agreement between Gilead and Mexico would eventually bring the sexual exploitation she and the other handmaids suffer to public are quickly dashed. During a chance encounter at the house of Offred’s master, the Mexican ambassador Mrs Castillo confides in Offred that Mexico is suffering a fertility crisis just like (...) Gilead. Her country is seriously considering trading with Gilead in handmaids. My article will use this episode as a starting point to reflect on the correlation between women’s social and economic status. I will illustrate how The Handmaid’s Tale demonstrates that markets are socially embedded and thereby reproduce and amplify social and political inequalities. This series thereby also functions as a powerful validation of the asymmetry thesis concerning markets in reproductive labour. (shrink)

The large number of hungry people in a global economy based on industrialization, privatization, and free trade raises the question of the ethical dimensions of the worsening food crisis in the world in general and in developing countries in particular. Who bears the moral responsibility for the tragic situation in Africa and Asia where people are starving due to poverty? Who is morally responsible for their poverty - the hungry people themselves? the international community? any particular agency or (...) institution? In the context of Article 3 of the UN Declaration of Human Rights, which states that "Everyone has the right to life, liberty and security" (UNDHR, 1948), the ethical question of poverty and hunger becomes a major human concern that should be discussed publicly and resolved by whatever means available. But how can the poor and hungry realize their right to life and security if their very survival is at stake? This paper maintains that responsibility for global poverty at present lies in recent neo-liberal trends in the global economy and with those individuals and organizations who, though small in number, have acquired a disproportionate share of the world's assets and financial resources. That being the case, it is suggested that our monetary and financial policies are in need of drastic changes with regard to global responsibility towards the hungry and impoverished. (shrink)

Peter Singer’s famous and influential article is criticised in three main ways that can be considered libertarian, although many non-libertarians could also accept them: 1) the relevant moral principle is more plausibly about upholding an implicit contract rather than globalising a moral intuition that had local evolutionary origins; 2) its principle of the immorality of not stopping bad things is paradoxical, as it overlooks the converse aspect that would be the positive morality of not starting bad things and also thereby (...) conceptually eliminates innocence; and 3) free markets—especially international free trade—have been cogently explained to be the real solution to the global “major evils” of “poverty” and “pollution”, while “overpopulation” does not exist in free-market frameworks; hence charity is a relatively minor alleviant to the problem of insufficiently free markets. There are also various subsidiary arguments throughout. (shrink)

Everyone has heard of "the invisible hand," the famous metaphor used by Adam Smith (1723-1790) in The Wealth of Nations. Although he uses the expression only once in the book, it has given rise to controversy that has lasted for over two centuries. -/- The famous expression has been understood, in (at least) two very different ways. In one way by most of academia, and in a very different way by Keynes, Noah Chomsky and more lately by Mark Blaug (in (...) the second edition of The New Palgrave, 2008). -/- In the standard textbook interpretation, it is considered a poetical name for "the price mechanism" and presented as an argument in favor of laisser-faire and free trade. In this paper we recall the less well-known interpretation (of Keynes, Blaug and Chomsky), showing that Smith was more reserved towards laisser-faire than is commonly believed and that by "invisible hand" he did not mean the price mechanism. (shrink)

In the context of Ukraine’s membership in the WTO, the functioning of a free trade area with the EU, the opportunity for agricultural producers to obtain a larger share of the value added is primarily linked to the intensification of trade in domestic livestock products and their processing products. However, their production is one of the high-risk areas and requires a set of measures aimed at ensuring proper quality. Without effective solution of the problem of quality of (...) livestock products it is impossible to ensure its competitiveness in the world market, to guarantee the rational nutrition of the population of the country, the availability of the necessary components for the vital activity of the human body. The aim of the research is to determine the socio-economic factors for ensuring the quality of livestock products in Ukraine. The scientific and specific research methods were used to solve the tasks set in the work: the historical method; abstraction method; method of comparative analysis; system-structural method. The main producer of livestock products in Ukraine are households. They do not have the capabilities to implement technologies of keeping, feeding, veterinary services, programs prerequisites for guaranteeing the safety of products, adherence to the HACCP principles. In Ukraine, real technical, economic and organizational-economic prerequisites for ensuring the safety and quality of livestock products are created only in the poultry meat sector. During 2015-2017, the trends in production of almost all types of livestock products except poultry and honey were identified. One of the reasons for this situation was, firstly, decreasing in capital investment in the livestock sector, and secondly, the low profitability of production of livestock products in the context of accelerated growth in prices for resources. It is proved that insignificant market (price) incentives should be supplemented with instruments of state assistance to improve the quality parameters of products on the basis of specialized enterprises. The necessity of state support for the production of livestock products based on small and medium-sized enterprises is substantiated. This will effectively combine the processes of increasing the production of livestock products with the environmental friendliness of production and steady improvement of quality. It is shown that the low quality of certain livestock products in Ukraine is caused by insufficient living standards of the population and low incomes of the majority of households, which cause them to consume low quality products. It is determined that the problem of guaranteeing the quality of livestock products in Ukraine has deep roots cause due to the influence of socio-economic factors. Therefore, a comprehensive approach is needed to solve it, which is not limited to improving the efficiency of the state control system and successfully harmonizing of the Ukrainian technical regulation system with the European one. The problem of low quality and the danger of livestock production requires a systematic approach for its solution, which is not limited, in particular, by measures to improve the system of state control and ensure approximation of the domestic technical regulation system to the European one. In Ukraine, major high-quality animal products are economically inaccessible to a large part of households. The projected increase in safety parameters and a certain improvement in the quality of livestock products as a result of the implementation of regulations adopted in 2014-2017, will necessarily lead to an increase in its value, and therefore may lead to a decrease in market demand and even greater inaccessibility of these products to people. All this can only aggravate the situation with guaranteeing the food security of the country, forming the prerequisites for increasing the intellectual capacity of the nation. (shrink)

Customs law and procedures are important part of the trade system in Jordan. They regulate the flow of goods across the borders. The purpose of this paper is to examine Jordan's import regime by analyzing customs law, rules of origin, free trade zones, and tariffs reform.