International trade law Part 12

DROIT DU COMMERCE INTERNATIONAL ET DE LA CONCURRENCE/INTERNATIONAL TRADE AND COMPETITION LAW
International Business Law Journal
Number 6, 2006

DROIT DU COMMERCE INTERNATIONAL ET DE LA CONCURRENCE/INTERNATIONAL TRADE AND COMPETITION LAW
International Business Law Journal
Number 5, 2006

Spain Sup. Ct. 28 March 2005 Use that maintains right by virtue of trade markregistration — Mixed word and picture trade mark — Use of only individual parts — Elements modified — Determination of identity of mixed trade mark — Constitution, Art. 24(1); Law No. 32/1988 on Trade Marks, Arts. 4, 9, 53; EEC Dir. 89/104, Arts. 10(1), 12(1) — Comercial Ibérica de Exclusivas Deportivas, S.A. (CIDESPORT), Flora B.M. and Juan A.F. v. Nike International, Ltd. and American Nike, S.A. – “Nike”
International Review of Intellectual Property and Competition Law
Volume 37, Number 6, 2006 p.754

Select Articles on International Economic Law & Trade law , State Sovereignty & Sovereign Immunity
Meenakshi Bhan
Indian Journal of International Law
Volume 46, Number 2, April-June 2006 p.310

ULRICH MAGNUS (ed.), Global Trade law . International Business Law of the United Nations and UNIDROIT Collection of UNCITRAL’s and UNIDROIT’s Conventions, Model Acts, Guides and Principles
KRYSTYNA KOWALIK-BANCZYK
Polish Yearbook of International Law
Volume 27, 2004-2005 p.218

A Clash of Cultures? The UNESCO Diversity Convention and International trade law
Hahn, M.
Journal of International Economic Law
Volume 9, Number 3, September 2006 p.515-552

The adoption, on 20 October 2005, of the Convention on the Protection and Promotion of the Diversity of Cultural Expressions (Diversity Convention) has returned the limelight to the suitability of World Trade Organization (WTO) rules for cultural products. This article shows that the Diversity Convention, while an important step towards the recognition of cultural diversity as an internationally recognized public choice of states, does not affect the rights and obligations of WTO Members as such. The original purpose of the Convention was to create a safe haven for cultural policies and protect them from WTO disciplines. However, the central operative provision for bringing about the desired shielding effect for domestic policies safeguarding national cultural industries against foreign competition, its now-article 20, while making a general claim to non-subordination in paragraph 1, modifies this broad statement in paragraph 2 so as to only apply to Treaties concluded at the same time or later. The article explores how to avoid or minimize an undesirable incongruence between liberal trade rules and the right of states to protect shelf-space for domestically produced cultural products.

The New UNESCO Convention on Cultural Diversity: A Counterbalance to the WTO?
Graber, C. B.
Journal of International Economic Law
Volume 9, Number 3, September 2006 p.553-574

On 20 October 2005, the 33rd UNESCO General Conference adopted by a majority of 148 votes to two the Convention on the Protection and Promotion of the Diversity of Cultural Expressions (CCD). The major objectives of the CCD are the recognition of the dual nature of cultural expressions as objects of trade and artefacts of cultural value and the recognition of the sovereign right of governments to formulate and implement cultural policies and measures for the protection and promotion of cultural diversity. The ambitious role assigned to the CCD by its proponents is to fill an existing lacuna for cultural objectives in public international law and to serve as a cultural counterbalance to the World Trade Organization (WTO) in future conflicts between trade and culture. Opponents, however, have criticized the CCD as an instrument of disguised protectionism and claimed that it violates freedom of expression and information. This article endeavours to explain how cultural diversity has become an issue of international law and provides a critical assessment of the strengths and weaknesses of the CCD. It explores in particular the possible linkages between the CCD and the WTO.

DROIT DU COMMERCE INTERNATIONAL ET DE LA CONCURRENCE/ INTERNATIONAL TRADE AND COMPETITION LAW
International Business Law Journal
Number 4, 2006

Regulatory Obstacles to the International Trade of Health Foods
Nicole Coutrelis
European Food and Feed Law Review
2006, Number 4 p.220

The Role of the Law and its Limitations – The Example of EU Law

Author: international

Mentioned in these Entries

International trade law, Trade law, Treaties.