INTERNATIONAL AGREEMENTS ON PRODUCT STANDARDS UNDER CONSUMPTION EXTERNALITIES: NATIONAL TREATMENT VERSUS MUTUAL RECOGNITION

2019 ◽  
Vol 57 (3) ◽  
pp. 1284-1301
Author(s):  
Difei Geng
Keyword(s):  
Mutual Recognition ◽  
International Agreements ◽  
Consumption Externalities ◽  
National Treatment ◽  
Product Standards

Volkswagen: Bugs and Outlooks in Car Industry Regulation, Governance and Liability

2016 ◽  
Vol 7 (1) ◽  
pp. 4-10
Author(s):  
Marie-Eve Arbour
Keyword(s):  
Market Integration ◽  
Mutual Recognition ◽  
Trade Agreement ◽  
National Treatment ◽  
Car Industry ◽  
Industry Regulation ◽  
Transatlantic Trade ◽  
Volkswagen Group ◽  
Increasing Demand ◽  
Trade And Investment

The scandal involving the Volkswagen group broke out last Fall, at the dawn of the very delicate UN Conference on Climate Change (COP21) held in Paris, and the posting of an unofficial version of the Comprehensive Economic and Trade Agreement (CETA). This so, just when a leaked version Transatlantic Trade and Investment Partnership (TTIP) ran through the veins of the Internet and the Trans-Pacific Partnership (TPP) was just about to be signed in New Zealand, fostering market integration by pushing further national treatment and mutual recognition, against the backdrop -albeit one small step at a time- of an increasing demand for environmental protection through the setting, among other regulation tools, of emission thresholds.

scholarly journals The “New” Economics of Trade Agreements: From Trade Liberalization to Regulatory Convergence?

Econometrica ◽  
2021 ◽  
Vol 89 (1) ◽  
pp. 215-249 ◽  
Author(s):  
Gene M. Grossman ◽  
Phillip McCalman ◽  
Robert W. Staiger
Keyword(s):  
Mutual Recognition ◽  
Trade Agreement ◽  
Trade Agreements ◽  
Fixed Costs ◽  
Consumption Externalities ◽  
Product Attributes ◽  
Regulatory Policies ◽  
The Difference ◽  
Consumer Tastes ◽  
Regulatory Convergence

What incentives do governments have to negotiate trade agreements that constrain their domestic regulatory policies? We study a model in which firms design products to appeal to local consumer tastes, but their fixed costs increase with the difference between versions of their product destined for different markets. In this setting, firms' profit‐maximizing choices of product attributes are globally optimal in the absence of consumption externalities, but national governments have unilateral incentives to invoke regulatory protectionism to induce firm delocation. An efficient trade agreement requires commitments not to engage in such opportunistic behavior. A rule requiring mutual recognition of standards can be used to achieve efficiency, but one that requires only national treatment falls short. When product attributes confer local consumption externalities, an efficient trade agreement must coordinate the fine details of countries' regulatory policies.

scholarly journals General Object and Special Object Principles of the Legal Regulation of Industrial Property in Cross-Border Relations

Lex Russica ◽  
2020 ◽  
Vol 73 (10) ◽  
pp. 41-62
Author(s):  
B. A. Shakhnazarov
Keyword(s):  
Legal Regulation ◽  
International Agreements ◽  
Technical Development ◽  
National Treatment ◽  
Industrial Property ◽  
National Legislation ◽  
Universal Principles ◽  
General Object ◽  
Principle Of National Treatment ◽  
Individual Objects

International agreements, as well as the national legislation of various States, in addition to the territorial principle of protection of industrial property, the principle of national treatment, the principle of convention or exhibition priority, do not specifically identify other principles of protection of industrial property that would uniform national legislation in the field of protection of industrial property in most aspects of protection, and that would also take into account the specifics of a particular object of protection. The paper distinguishes and formulates general object principles of protection of industrial property, not expressly enshrined in international agreements, as well as special object principles of protection of individual objects of industrial property. It is noted that the operation of general principles applied universally for protection of all objects of industrial property and historically established universal principles of national regime, territoriality, principles of convention and exhibition priority are supplemented by such general object principles as the principle of exclusive protection of industrial property, the principle of production and technical development. These principles can be considered general in view of their extension to other objects not expressly specified in the Paris Convention. At the same time, with regard to separate objects (groups of objects) of industrial property, one can determine special object principles of protection on the ground of their specificity.The author applies formal legal and comparative legal methods of the study, on the basis of which special international principles of protection were formulated: the principle of exclusive protection, the principle of focus on production and technical development. The paper describes special principles of protection for individual objects: the declarative and evidentiary principle of protection of registered industrial property, the principle of protection of marks “such as they are”, the principle of protection of new creative results in relation to patentable objects, the principle of absolute nature of the rights certified by the patent.

Impossible Divisions: Fanon, Hegel and Psychoanalysis

2018 ◽  
Author(s):  
Simon Morgan Wortham
Keyword(s):  
Racial Difference ◽  
Mutual Recognition ◽  
Mirror Stage ◽  
Historical Interpretation ◽  
Black Skin

This chapter concentrates on Fanon’s Black Skin, White Masks, where the Hegelian theme of mutual recognition as the origin of man’s self-consciousness and potential freedom is tested against the complex circumstances of colonialism. Fanon’s idea that the ‘Negro slave’ is recognized by the ‘White Master’ in a situation that is ‘without conflict’ suggests a possibly double, or self-resistant, meaning: the colonial situation after slavery ushers in something like a phony war; but also colonialism’s historical interpretation is not exhausted by the Hegelian master-slave logic. Through this double possibility of the colonial, one wonders whether after Hegel it is historical interpretation or the historical process itself that has gone awry. Such dynamic tensions suggest an impossibly divided dialectics at work throughout Fanon’s corpus. The section of Fanon’s ‘The Negro and Recognition’ devoted to a critique of Adler points to an earlier footnote in Black Skin, White Masks which offers a lengthy engagement with Lacan, allowing us to reread the politics of racial difference into the scene of the Lacanian mirror-stage. Here, the resistant ‘other’ of psychoanalysis unlocks the possibility of another ‘politics’ capable of addressing, by better recognising, some of its most significant impasses.

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