Reconstructing World Politics: Norms, Discourse, and Community

This Article argues that the conventional (rationalist) approach to world politics characterized by political bargain cannot fully capture the new social reality under the contemporary global ambience where ideational factors such as ideas, values, culture, and norms have become more salient and influential not only in explaining but also in prescribing state behaviors. After bringing rationalism’s paradigmatic limitations into relief, the Article offers a sociological framework that highlights a reflective, intersubjective communication among states and consequent norm-building process. Under this new paradigm, one can understand an international organization as a “community” (Gemeinschaft), not as a mere contractual instrument of its contracting parties (Gesellschaft). The Article applies the new paradigm to the World Trade Organization (WTO) as it describes the WTO’s institutional evolution from a power-oriented, tariff-reducing contract to a norm-oriented world trade community

Compulsory Licensing of Patented Pharmaceutical Inventions: Evaluating the Options

In this Comment, the author traces the relevant legislative history pertaining to compulsory licensing of patented pharmaceuticals from the TRIPS Agreement of 1994 to the 2003 waiver to, and later proposed amendment of, article 31, which enables poor countries to obtain needed medicines from other countries that possess manufacturing capacity. The Comment then evaluates recent, controversial uses of the relevant legislative machinery as viewed from different critical perspectives. The Comment shows how developing countries seeking access to esential medicines can collaborate in ways that would avoid undermining incentives to innovation and other social costs attributed to compulsory licensing. It ends by defending the legality of recent measures taken to promote public health in developing countries, and by reminding developed countries that unilateral retaliation against such measures is demonstrably illegal under WTO foundational law and jurisprudence

International Upheaval: Patent Independence Protectionists and the Hague Conference

International lawmakers presently are negotiating a treaty that would not only allow U.S. courts to grant summary judgment in patent infringement suits if a court in Canada or Europe previously found patent infringement, but would actually require it. This paper examines whether courts in the United States should be allowed to find patent infringement based solely upon the fact that foreign courts had previously found patent infringement. The author concludes that changing the law to allow this practice is not sound policy

The Doha Round’s Public Health Legacy: Strategies for the Production and Diffusion of Patented Medicines Under the Amended TRIPS Provisions

This entry into force of the World Trade Organization (WTO) TRIPS Agreement in 1995 transformed the international intellectual property system. The harmonization of basic intellectual property standards has operated to protect investment in innovation, limiting risks from unjustified \u27free riding.\u27 Yet these same harmonized IP standards sharply curtailed the traditional capacity of suppliers of public goods, such as health care and nutrition, to address the priority needs of less affluent members of society, particularly in (but not limited to) developing countries. In the Doha Declaration, the Waiver Decision of 30 August 2003 and the Article 31bis Protocol of Amendment, stakeholders concerned with re-opening policy space for the supply of newer pharmaceutical products pushed back against the restrictive elements of the TRIPS Agreement. Governments around the world are in the process of deciding whether to ratify and accept the Article 31bis Amendment. Based on their Study for the International Trade Committee of the European Parliament, the authors argue that acceptance of the Amendment will provide a \u27net benefit\u27 for countries seeking to improve access to medicines. At the insistence of WTO delegations acting on behalf of the originator pharmaceutical industry lobby, Article 31bis regrettably is saddled with unnecessary administrative hurdles. Nonetheless, through skillful lawyering, political determination and coordinated planning, the system can be made to work. Among other options, expeditious back-to-back compulsory licensing linked with pooled procurement strategies may effectively achieve economies of scale in production and distribution of medicines. The authors doubt that the international political environment would support renegotiation of an \u27improved\u27 solution. They express concern that failure to bring the Amendment into force will open the door to a campaign to undermine the Waiver Decision. Recent events in Brazil and Thailand illustrate both the opportunities and risks associated with implementing TRIPS exception mechanisms, and help to inform views on the negotiating environment. Specific proposals for regional cooperation in implementing the Amendment are laid out, and the authors emphasize the importance of pursuing concrete transfer of technology measures in support of developing country pharmaceutical manufacturing. Over-reliance on private market mechanisms for the supply of public health goods leaves the international community with an unresolved collective action problem on a large scale

GLADE: A galaxy catalogue for multimessenger searches in the advanced gravitational-wave detector era

We introduce a value-added full-sky catalogue of galaxies, named as Galaxy List for the Advanced Detector Era, or GLADE. The purpose of this catalogue is to (i) help identifications of host candidates for gravitational-wave events, (ii) support target selections for electromagnetic follow-up observations of gravitational-wave candidates, (iii) provide input data on the matter distribution of the local Universe for astrophysical or cosmological simulations, and (iv) help identifications of host candidates for poorly localized electromagnetic transients, such as gamma-ray bursts observed with the InterPlanetary Network. Both being potential hosts of astrophysical sources of gravitational waves, GLADE includes inactive and active galaxies as well. GLADE was constructed by cross-matching and combining data from five separate (but not independent) astronomical catalogues: GWGC, 2MPZ, 2MASS XSC, HyperLEDA, and SDSS-DR12Q. GLADE is complete up to dL=37+3−4Mpc in terms of the cumulative B-band luminosity of galaxies within luminosity distance dL, and contains all of the brightest galaxies giving half of the total B-band luminosity up to dL=91Mpc. As B-band luminosity is expected to be a tracer of binary neutron star mergers (currently the prime targets of joint GW+EM detections), our completeness measures can be used as estimations of completeness for containing all binary neutron star merger hosts in the local Universe

Does the Tax Code Favor Robots?

In recent months, a number of scholars and commentators have articulated versions of the following argument: (1) U.S. tax law favors capital over labor;1 (2) Robots are capital; 2 (3) Therefore, U.S. tax law favors robots over labor. 3 Three implications tend to be drawn from this syllogism: (a) that U.S. tax law leads to inefficient investments in automation;4 (b) that automation—because it is capital-intensive and capital is tax-favored—will result in a reduction in tax revenues;5 and (c) that policymakers should respond to the automation trend either by imposing explicit taxes on robots or by raising taxes on all capital.6 This short essay seeks to illustrate why the line of argument above is misguided. First, the claim that U.S. tax law is biased toward capital rests entirely on an unstated (and uncertain) normative premise: that the United States should tax income rather than consumption. If an income tax is the baseline, then U.S. tax law exhibits a pro-capital bias; if a consumption tax is the baseline, then U.S. tax law exhibits an anti-capital bias. Which baseline we choose depends on normative choices that claims of capital-favoritism tend to occlude. Second, robots do not only (or even primarily) represent “capital”; they also embed the labor of engineers and others. The labor of robot makers is often taxed at unfavorable rates relative to the labor of the workers whom automation threatens to displace. Third, the idea that U.S. tax law incentivizes firms to replace human workers with robots rests on doubtful logic, and the claim that automation will erode the tax base finds little support either. This essay is not an argument against capital income taxation or a defense of the current Code, which does tax capital income but not all that much. I believe, though, that the case for capital income taxation will be stronger if it is based on firm foundations rather than on dubious claims of robot favoritism. The essay also is not a full treatment of the arguments for and against taxing capital. Its objective is to evaluate one such argument and to show why it is unpersuasive. Part I of the essay examines the claim that the U.S. tax system favors capital over labor. Part II turns to the question of whether robots represent capital or embedded labor. Part III considers the case for explicit taxation of robots or broader taxation of capital once illusions about the tax code’s pro-robot bias are cleared away

Antitrust and Intellectual Property: Unresolved Issues at the Heart of the New Economy

The New Economy differs in degree rather than kind from the old economy. Part II of this discussion examines the key differences that define the New Economy. Part Ill turns to several implications of those differences as they pertain to antitrust enforcement. I argue that the differences do not justify sweeping generalizations that antitrust enforcement has no place in the New Economy, but do require antitrust enforcement to make adjustments and exercise sensitivity towards intellectual property issues on a case-by-case basis. The goal of a coherent overall competition policy, in deciding both what conduct to enforce against and what remedies to require, should be to achieve an appropriate balance between the complementary legal regimes of intellectual property and antitrust. Part IV examines several examples of recent antitrust enforcement decisions involving intellectual property. Without addressing the ultimate merits of individual decisions, I find that antitrust enforcement has generally evolved in recent years in a way that pays heed to the distinctive characteristics of the New Economy. These decisions demonstrate a concerted attempt to give reasonable, fact-specific consideration to both incentives and opportunities to innovate. Finally, to supplement the preceding review of substantive issues, Part V examines the institutional challenges posed to antitrust enforcement by the New Economy