Increasing Protection of GIS at the WTO: Clawbacks, Greenfields and Monopoly Rents

Currently there are proposals and negotiations regarding the strengthening of protection for geographic indicators (GIs) in the WTO. A major proponent of stronger protection for GIs has been the European Union. One of the arguments it has put forward for stronger protection has been that it will provide an avenue for economic development for agricultural producers in developing countries – a way to capture rents in the markets of developed countries. This paper first outlines the proposed changes to the international protection of geographic indicators. Second, the potential for groups of producers to generate and capture rents in foreign markets is assessed under differing assumptions pertaining to industry structure, product differentiation in the short and long run, barriers to entry reputation and the form of legal protection in importing countries. A discussion of the resource requirements to establish and maintain a GI is also provided.Agricultural and Food Policy, International Development, International Relations/Trade, WTO, GIS,

Wage Garnishment Should be Prohibited

Historically, the statutory treatment of wage garnishment among the states has been characterized primarily by its diversity. Although most states exempt a specified amount of a man\u27s wage from the reach of his creditors, the dollar levels of these exemptions are as various as the methods chosen to compute the amount to be exempted. In addition, legislators, some union spokesmen and some legal commentators have become increasingly aware of the role of wage garnishment in the debtor-spiral of easy credit, discharge from employment, bankruptcy and welfare. Inevitably this spiral involves a disproportionate impact on the poor. Impelled by these concerned groups, Congress enacted the Federal Consumer Credit Protection Act of 1968, effective July 1, 1970. Yet this law is only one step in ameliorating the impact of wage garnishment and, if it diverts our attention from an eventual prohibition of this device, it is an unfortunate compromise. Bill H.R. 11601, introduced in the House, would have placed an unqualified prohibition upon wage garnishment. The final Act merely raises the level of wage exemption to uniform minimum and restricts to a certain extent the right of an employer to discharge an employee whose wages have been garnished. This is not enough; wage garnishment should be prohibited. In the legislature of at least one state, Michigan, the lawmakers are presently faced with such a proposal and have an opportunity to reconsider the federal compromise

Divestiture of Illegally Held Assets: Observations on Its Scope, Objective, and Limitations

Divestiture has been called the most important of antitrust remedies. It is simple, relatively easy to administer, and sure. This observation was made with reference to an order requiring divestiture of illegally held stock. In the context of the divestiture of illegally held assets, however, the statement is an oversimplification of myriad complex problems. This Comment will examine the difficulties encountered in eliminating the anticompetitive effects of a fully consummated merger found to have violated section 7 of the Clayton Act. No attempt will be made to assess the substantive doctrine upon which the violation in any instance was based, except insofar as it is necessary to correlate that doctrine with the problems involved in providing appropriate relief. Although the problems surrounding asset divestiture are difficult to discuss in the abstract, certain conclusions regarding the permissible scope, objectives, and practical limitations of the divestiture remedy should be drawn to provide a much-needed conceptual framework for each individual case

Post-Moratorium EU Regulation of Generically Modified Products: Trade Concerns

EU, GMO, trade, Agribusiness, Agricultural and Food Policy, Food Consumption/Nutrition/Food Safety, International Relations/Trade,

Post-Moratorium EU Regulation of Genetically Modified Products: Triffid Flax

The regulatory regime for contamination permits the imposition of import bans with neither a scientific justification nor a risk assessment. No scientific assessment of Triffid flax was done prior to the import ban. The import regime put in place to deal with the contamination of flax with the GM-flax CDC Triffid provides no rationale for the thresholds of safety established for the testing regime. The EU is consistently pushing for commercial, economic and social considerations to be included, along with science, in decision-making. Such considerations are often perceived as avenues for economic protection to creep into EU decision-making. Such considerations can, however, cut both ways. The Canada-EU testing regime for Triffid makes provision for, but does not necessarily require, the testing of cargoes when they reach European ports (Western Producer, 2010). The risks associated with inspection upon arrival made exports to Europe too risky. By only requiring the passing of the tests prior to product leaving Canada, flexibility to find alternative markets for contaminated cargoes has been gained. Thus, while costly, the testing regime for flax exports to the EU has allowed for the resumption of Canadian flax exports to the EU. Of course, the import Protocol negotiated between the EU and Canada was a one off. In a future case, economic and commercial considerations could be used to bolster economic protection. This is why science was agreed upon as the arbitrator of SPS-based trade barriers by the Member States of the WTO, including the EU. Thus, the EU regulatory regime for GM-products would seem open to a new challenge at the WTO. Of course, the political consequences of such a challenge would have to be carefully weighed.GMO, food, EU, Triffid Flax, Agribusiness, Agricultural and Food Policy, Food Consumption/Nutrition/Food Safety, International Relations/Trade,

Post-Moratorium EU Regulation of Genetically Modified Products: Trade Concerns

Trade in genetically modified (GM) products remains a major issue in agricultural trade policy. In particular, the European Union has sought to deny market access to GM-products. In the wake of a WTO case brought by Canada and the US, among others, against an import ban imposed on genetically modified agricultural products by the European Union (EU) – which the EU lost – the import ban was dropped and the EU put in place a new regulatory regime for GM-products. The EU suggests that the post-moratorium regulatory regime is compliant with its WTO obligations. As of June 2011, the operation of this new import regime has not been formally assessed. The first GM-crops are just now working their way through the post-moratorium regulatory system and an assessment of the operation of the regime is timely. The results of this assessment suggest that the EU’s approval system is only partially based in science and thus is not in conformity with its SPS obligations under the WTO. Hence, the new EU regulatory regime could be challenged through a WTO Disputes panel.EU regulatory regime, Genetically Modified (GM) products, Science, SPS, Agribusiness, Agricultural and Food Policy, Food Consumption/Nutrition/Food Safety, International Relations/Trade,

Guide to Geographical Indications: Linking Products and Their Origins (Summary)

Geographical Indications present significant opportunities for differentiating products or services that are uniquely related to their geographic origin. While they can offer many positive economic, social, cultural, and even environmental benefits, they can also be problematic and therefore caution is warranted when pursuing them. The publication distills the relevant lessons that could apply, particularly to developing countries, from a review of more than 200 documents and a number of original Case Studies. It presents a groundwork to better understand the costs and the benefits of undertaking Geographical Indications by outlining the basic processes, covering the pros and cons of different legal instruments, and offering insights into the important factors of success. It reviews and presents current data on the key issues of global GIs such as: economic results, public and private benefits; and market relevance.Geographical Indications, developing country, marketing, local, traditional, culture, appellation, legal protection, Denomination of Origin

Crystal structures of four indole derivatives as possible cannabinoid allosteric antagonists

Acknowledgements We thank the EPSRC National Crystallography Service (University of Southampton) for the data collections and the EPSRC National Mass Spectrometry Service (University of Swansea) for the HRMS data. We thank John Low for carrying out the Cambridge Database survey.Peer reviewedPublisher PD

Crystal structures of four indole derivatives with a phenyl substituent at the 2-position and a carbonyl group at the 3-position : the C(6) N-H⋯O chain remains the same, but the weak reinforcing inter-actions are different

Acknowledgements We thank the EPSRC National Crystallography Service (University of Southampton) for the data collections and the EPSRC National Mass Spectrometry Service (University of Swansea) for the HRMS data.Peer reviewedPublisher PD