Hybrid journal (It can contain Open Access articles) ISSN (Print) 2044-7663 - ISSN (Online) 2044-7671 Published by Inderscience Publishers[450 journals]
Authors:Hongyu Shu, Cheng Guo, Yitong Song, Xianbao Chen, Shuang Luo Pages: 193 - 214 Abstract: Trust in the international economic legal order has been associated with an historic global expansion of trade and investment. That trust is at constant, if not imminent, risk of erosion, and may even, in the perception of some, already be in the process of erosion. The interaction between trust and the notion of complexity may hold the key to understanding that process, whether actual or potential. On the premise of that interaction, an evolutionary interpretation of the transnational regulation of economic private-public relationships as a complex adaptive system may indicate whether and how trust in this context should be restored. The paper sketches the contours of an interdisciplinary research agenda aimed at exploring and investigating the proposition that an evolutionary interpretation of complexity in transnational economic relations may help to situate and explain that complexity and, thereby, to better understand the practical importance of trust in transnational economic regulation. Keywords: socio-legal method; complexity; trust; evolutionary game theory; transnational economic regulation Citation: International Journal of Public Law and Policy, Vol. 6, No. 3 (2019) pp. 193 - 214 PubDate: 2019-10-08T23:20:50-05:00 DOI: 10.1504/IJPLAP.2019.102868 Issue No:Vol. 6, No. 3 (2019)
Authors:Hongyu Shu, Cheng Guo, Yitong Song, Xianbao Chen, Shuang Luo Pages: 215 - 235 Abstract: A key challenge facing the World Trade Organisation (WTO) today is the rapidly eroding trust in the trade liberalising values it embodies. Among other criticisms, its rules have long been perceived as constraining the ability of national governments to intervene in economic practices to advance important societal goals, such as public health. Refuting this popular belief, Australia's successful defence of its tobacco plain packaging (TPP) measures in a recent WTO dispute stands as a welcome reaffirmation of the WTO's capacity to adequately balance trade obligations with members' right to regulate. This paper examines the Panel's findings in the TPP dispute in relation to two provisions of the WTO Agreements which reflect a balance between trade and non-trade values; Article 2.2 of the Agreement on Technical Barriers to Trade (TBT Agreement or TBT) and Article 20 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement or TRIPS). Keywords: tobacco plain packaging; WTO; TRIPS Agreement; TBT Agreement; trademarks Citation: International Journal of Public Law and Policy, Vol. 6, No. 3 (2019) pp. 215 - 235 PubDate: 2019-10-08T23:20:50-05:00 DOI: 10.1504/IJPLAP.2019.102875 Issue No:Vol. 6, No. 3 (2019)