Circumvention and Anti-circumvention Measures

Circumvention and Anti-circumvention Measures
Title Circumvention and Anti-circumvention Measures PDF eBook
Author Yanning Yu
Publisher Kluwer Law International B.V.
Pages 294
Release 2008-01-01
Genre Technology & Engineering
ISBN 9041126864

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The unfair trade practice of dumping has been regulated for many years. Dumping distorts competition by selling exports at exceedingly low prices in foreign markets. Over the years, anti-dumping measures designed to counter dumping through the imposition of duties have become the most effective and popular way employed to protect domestic industries under threat. The 1980s, however, ushered in a counter measure: circumvention. As a means of avoiding anti-dumping duties, circumvention threatens the effectiveness of the anti-dumping system by undermining the protection provided for domestic industries. In response, anti-circumvention measures have been designed and implemented to combat those activities. This is the first book to offer a detailed analysis of this significant issue in anti-dumping practice.

Circumvention and Anti-Circumvention

Circumvention and Anti-Circumvention
Title Circumvention and Anti-Circumvention PDF eBook
Author Weihuan Zhou
Publisher
Pages 29
Release 2017
Genre
ISBN

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The article discusses circumvention and anti-circumvention in international trade with a focus on Australia's anti-circumvention mechanism and in particular the first anti-circumvention investigation in Australia. It identifies the major issues relating to circumvention and anti-circumvention in the GATT/WTO negotiations which have led to the failure of WTO members to conclude uniform rules on anti-circumvention. The article argues that multilateral anti-circumvention rules are necessary to standardise national anti-circumvention laws and practice and discipline unilateral use of anti-circumvention measures. The article further argues that Australia's anti-circumvention law and practice, as reflected in its first anti-circumvention investigation, may have violated WTO rules and is likely to lead to increasing protectionism to cost of WTO members and Australia's FTA trading partners. Australia's unjustified use of anti-circumvention measures is unlikely to foster the development of its import-competing industries and may provoke retaliation by other countries.

Trade Remedies in North America

Trade Remedies in North America
Title Trade Remedies in North America PDF eBook
Author Gregory Wells Bowman
Publisher Kluwer Law International B.V.
Pages 746
Release 2010-01-01
Genre Law
ISBN 9041128409

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and political underpinnings." --Book Jacket.

Circumventing Circumvention

Circumventing Circumvention
Title Circumventing Circumvention PDF eBook
Author Debabrata Dey
Publisher
Pages 49
Release 2020
Genre
ISBN

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The role of education and enforcement in ensuring compliance with a law or policy has been debated for more than a century now. We reopen this debate in the context of security circumvention by employees, currently a leading cause of information security and privacy breaches. Drawing upon prior literature, we develop a microeconomic framework that captures employees' circumventing behavior in the face of security controls. This allows us to obtain interesting insights that have implications for how an organization should employ anti-circumvention measures. First, unless circumvention is rampant, education and enforcement often work better in combination, and not in isolation. Second, there are incentives for an organization to tolerate circumvention to an extent, even when education and enforcement are cheap. Finally, education and enforcement may be strategic complements or substitutes in different parts of the parameter space. When they are complements, if a change in cost parameters compels the organization to increase one, it would also require an increase in the other in lockstep. In contrast, when they are substitutes, an increase in one is associated with a decrease in the other.

Anticircumvention and Anti-circumvention

Anticircumvention and Anti-circumvention
Title Anticircumvention and Anti-circumvention PDF eBook
Author Peter K. Yu
Publisher
Pages 65
Release 2006
Genre Copyright infringement
ISBN

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Anti-Circumvention Rules in the Information Network Environment in the US, UK and China

Anti-Circumvention Rules in the Information Network Environment in the US, UK and China
Title Anti-Circumvention Rules in the Information Network Environment in the US, UK and China PDF eBook
Author Jia Wang
Publisher
Pages 0
Release 2023
Genre
ISBN

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This paper examines the impact of the technological measures that copyright holders employ to lock their works and discusses why users are disadvantaged. It compares the anticircumvention rules in the Digital Millenium Copyright Act in the US and the Copyright, Patents and Designs Act in the UK; the latest exemptions to circumventing activities released by the US Library of Congress are included. It reviews the evolution of Chinese anti-circumvention rules, starting with a well-known case preceding the promulgation of the anti-circumvention rules, then it examines the anti-circumvention provisions in the Copyright Act 1990, the Software Regulation 2001 and the ISP Interpretation 2004. It also critically analyzes the latest Network Regulation 2006 by comparing it with the DMCA and the CDPA. The paper suggests that the Chinese anticircumvention rules need to be constructed with more legal certainties. Recommendations are also made for additional redrafting to make China's anti-circumvention rules more adaptive to a digital environment.

Methods of Money Laundering

Methods of Money Laundering
Title Methods of Money Laundering PDF eBook
Author Fabian Teichmann
Publisher Kluwer Law International B.V.
Pages 253
Release 2021-10-08
Genre Law
ISBN 9403537434

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How exactly is money laundered? The answer to this question is not well understood – and for this very reason, costly prevention measures remain ineffective. This much-needed book provides the first in-depth explanation of the methods used by intelligent criminals to amass wealth from large-scale trafficking in drugs, arms, and human beings, as well as from less odious crimes. The author shows clearly not only why existing approaches to combat money laundering are bound to fail but also how money launderers easily circumvent such measures. Based on qualitative interviews with both alleged criminals and prevention experts, detailed illustrations of concrete steps taken by intelligent and specialized perpetrators of money laundering allow practitioners to anticipate and effectively combat this type of crime. The author fully documents such aspects of money launderers’ behaviour as the following: resources required; dealing with detection risks; and international mobility. A central chapter covers in depth the various markets, institutions, and facilities that are particularly favourable to money laundering, and original insights accompany the presented findings with relevant quotations from the interviewees. The author offers tailored recommendations for different professional groups, including bankers, prosecutors, defence lawyers, and judges. In its critical questioning of the logic behind anti-money laundering regulations and their costly implementation, the book demonstrates that either the existing measures of prevention are drastically tightened and extended to almost all branches of the economy or the financial sector is relieved of the burden it bears and alternative ways of fighting this type of crime are sought instead. It will prove enormously valuable to understanding and investigating white-collar and financial crime, and be welcomed by practitioners and professionals in financial markets, banking, criminal lawyers, and compliance experts, as well as academia.