Biodiversity is the source of genetic resources capable of being used in industrial processes. While the exploitation of genetic recourses has been dominated by industrialized countries, the world’s most biodiverse regions correspond to developing or emerging economies. The Convention on Biological Diversity has sought to strike a balance between the ‘global north’ and the ‘global south’ in this sensitive area, seeking to counter the unfair appropriation of genetic resources. In this vein, it introduces mechanisms of access and benefit sharing (ABS). The Nagoya Protocol on Access and Benefit Sharing facilitates the implementation of these mechanisms. Further steps towards a fair use of genetic resources have been taken in the context of the FAO. The FAO Seed Treaty seeks to line the FAO regime for plant genetic resources with the Convention on Biological Diversity. In this context, the rights of indigenous peoples are an important concern which includes the protection of traditional indigenous knowledge.
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Edited by Rafael Leal-Arcas
Edited by Samuel Cogolati and Jan Wouters
Regulations of the grocery industry are one of the major concerns for competition authorities throughout the world. This chapter focuses on the regulations governing the unjust use of superior bargaining positions in the grocery industry, comparing the EU approach with the Japanese approach. Firstly, this chapter studies the regulations on unfair trade practices in the EU and in the UK. In 2011, the European Commission published a directive to combat late payment in commercial transactions. The UK has the Groceries Supply Code Practice and the Groceries Code Adjudicator to ensure adherence in following these trade practices. Secondly, this chapter studies the Japanese Subcontract Act that plays an important role in regulating the unjust use of superior bargaining positions. The UK approach has the advantage in that there is a variety of means of enforcement, and enforcement is stronger than it is with the Japanese approach. However, the Japanese approach has the advantage of solving problems rapidly through administrative measures.
International policing is on the move, but as the author of this chapter explains, it can never be analysed without taking the context of national policing into account. Despite national sovereignty still being solidly embedded, policing has adopted a strong cross-border turn, certainly given transnational challenges such as organized crime, terrorism and public order, but also given the strong steps towards institutionalization in the form of Interpol and Europol. Meanwhile, particularly in the European Union but also in other regions around the world, a wide variety of laws, rules and regulations have been adopted that set the standards for international police co-operation. In the meantime, new forms of more operationally oriented cross-border practices of police co-operation build on former constructions, such as the BeNeLux Treaty and the Cross-Channel Co-operation. This chapter provides a detailed insight into the evolution of international policing across the globe, and identifies a range of challenges such as the ‘implementation gap’, the wavering trust between jurisdictions, the controversy about privacy and human rights issues, and of course, the legitimacy of international policing as well as strategic orientation towards the future.
Edited by Monica den Boer
This chapter provides a commentary of Article 12 of the Energy Charter Treaty (ECT). Article 12 belongs to Part III. Part III sets out obligations regarding ‘promotion, protection and treatment’ of investments under the ECT. Article 12 contains provisions regarding ‘compensation for losses’ under the ECT.
Anna Masutti and Filippo Tomasello
Several professions are necessary for safe Unmanned Aircraft System (UAS) operations, such as maintenance technicians, support staff for ground operations, payload masters, visual observers and remote pilots. Some of these professions (e.g. payload masters) are not mentioned in the civil aviation regulations. Others (e.g. visual observers) are semi-regulated, since, while a formal licence issued by the authority is not necessary, the operator is nevertheless mandated to provide and record sufficient training and competence. Remote pilots holding a Remote Pilot Licence (RPL) have the privilege to execute UAS operations in the certified category, including international. In the lower risk categories of UAS operations, either there are no requirements for competence of the remote pilots, or this competence can be demonstrated without direct involvement of the aviation authority.
The European Court of Justice Opinion 2/15 addresses the question of the external competence of the EU to conclude a free trade agreement with Singapore (EUSFTA). The nature of the EU’s competence determines the conclusion of an EU-only agreement, or a mixed agreement, jointly by the Union and its Member States. The Court of Justice of the European Union held that the EU competence to conclude the EUSFTA is not exclusive, as long as provisions concerning non-direct investments and dispute settlement fall under the shared competence of the Union and its Member States. The Court of Justice made valuable contributions to the interpretation of the scope of the Union’s competence in the field of common commercial policy, comprising sustainable development provisions, as well as to the interpretation of implied external competences, and clarified the status of non-substantive provisions. However, uncertainty remains as far as the meaning and the impact of a shared competence are concerned.
This chapter comments the provision dedicated to competition in the Energy Charter Treaty. It analyses the content and the strength of the obligation arising from this article. The latter does not provide a common competition regime per se for the signatory parties. It also discusses the limited dispute settlement means available to the parties. Most of paragraphs encapsulated by the provision emphasize cooperation between the parties – especially between parties with experience in competition and those with little or none.