Search results

The Asia‐Pacific Economic Cooperation (APEC) forum has only recently included investment liberalization on its agenda. A review of actions since the Bogor declaration of 1994 reveals that critical components of an investment liberalizing strategy are already being assembled within APEC. For example, an investment experts group has been meeting regularly and it has undertaken work on impediments to investment and on implementing the non‐binding investment liberalizing procedures endorsed by members at Bogor in 1994. Investment is also now a required component of each member's annual individual action plan. It would be useful to formalize this process and then move towards adoption of the rules‐based investment provisions of NAFTA, especially the national treatment principle. Then the process developing within APEC to liberalize investment as well as trade by 2020 would help to speed up the economic integration of APEC.

Two linked topics concerning environmental issues at the WTO and their implications for MNEs are considered – namely, international business in the environmental goods and services sector, and the relationship of the WTO to the emerging climate change regime, particularly the Kyoto Protocol. Liberalization of barriers to international trade and investment in environmental goods and services could expand market access and otherwise change competitive conditions for multinational firms. The relationship of the WTO to the Kyoto Protocol is on the broader agenda of environmental and economic diplomacy. Decisions concerning these two sets of issues during the next few years will affect multinational firms’ competitive positions, strategies and operations in many industries. For instance, the liberalization of barriers to trade and FDI in the environmental goods and services industry creates new international market opportunities for firms that want to expand abroad; it also creates new competitive threats in home markets. The chapter was in press when the WTO Cancun ministerial meeting collapsed in mid-September 2003.

The most significant event for the School has been the announcement of the creation of the National Centre for Management Research and Development. The Centre is due to open in 1986 and will provide research facilities for up to 20 major projects designed to improve the competitiveness of Canadian business practices.

Although free trade law and environmental law especially contained in multi lateral environmental agreements (MEAs) are more or less compatible, however, some twenty MEAs might create a conflicting situation with the GATT/WTO regime. Efforts through CTESS are being made to make the two regimes compatible with each other. But an amicable solution towards harmonizing them still seems to be far. It is said that if all WTO Member states have the political will to agree to one suggestion, the problem can be solved. But due to politicization of the WTO, a common view is difficult to be reached. It is true that all states want protection of the environment. It is evident from the fact that many MEAs have relatively a large number of members, and their member states are sincerely working on enforcing treaty norms contained in them. But when it comes to a conflict situation with international trade, differences among them becomes eminent. In spite of this, an optimistic view that the two regimes can be made complementary to each other is still being given importance. It is for this reason that states are forwarding their suggestions to the CTESS and the discussion is being carried forward on those suggestions. The paper critically examines the reality of ‘conflict or congruity’ between free trade law and environmental law, evaluates various suggestions to make the two regimes compatible with each other, and offers one suggestion that can bring about harmony and will be viable.

IN order to be able to discriminate with certainty between butter and such margarine as is sold in England, it is necessary to carry out two or three elaborate and delicate chemical processes. But there has always been a craving by the public for some simple method of determining the genuineness of butter by means of which the necessary trouble could be dispensed with. It has been suggested that such easy detection would be possible if all margarine bought and sold in England were to be manufactured with some distinctive colouring added—light‐blue, for instance—or were to contain a small amount of phenolphthalein, so that the addition of a drop of a solution of caustic potash to a suspected sample would cause it to become pink if it were margarine, while nothing would occur if it were genuine butter. These methods, which have been put forward seriously, will be found on consideration to be unnecessary, and, indeed, absurd.

The question has been recently raised as to how far the operation of the Sale of Food and Drugs Acts of 1875, 1879, and 1899, and the Margarine Act, 1887, is affected by the Act 29 Charles II., cap. 7, “for the better observation of the Lord's Day, commonly called Sunday.” At first sight it would seem a palpable absurdity to suppose that a man could escape the penalties of one offence because he has committed another breach of the law at the same time, and in this respect law and common‐sense are, broadly speaking, in agreement; yet there are one or two cases in which at least some show of argument can be brought forward in favour of the opposite contention.