The Validity of the Anti-Counterfeiting Trade Agreement (ACTA): Perspectives from European Union, US and International Law

The negotiation and conclusion of the Anti-Counterfeiting Trade Agreement (ACTA) has generated fierce controversy and political protest around the globe. Its main aim is the improvement of the domestic enforcement of intellectual property (IP) rights. This paper analyzes in detail the secretive negotiation process and controversial substantive features of ACTA that have led to global political resistance. It considers the legal issues that the treaty brings to the key signatories, both substantively and procedurally: the European Union (EU) and the United States (U.S.), thereby considering international, supranational and domestic legal questions. This includes an examination of the changes that ACTA brings to the Agreement on TradeRelated Aspects of Intellectual Property Rights (TRIPS), whether ACTA complies with the existing EU legislation on copyright appropriately (EU acquis) and questions surrounding the constitutionality of ACTA under U.S. Constitutional law. We argue that the danger of ACTA lies less in the actual substantive changes that it may bring to the enforcement of IP rights than in the precedent that it sets for the adoption of controversial and restrictive regulation in secretive and exclusive international procedures

Correlations in Quasi-Periodic Oscillation and Noise Frequencies Among Neutron-Star and Black-Hole X-ray Binaries

We study systematically the ~0.1-1200 Hz quasi-periodic oscillations (QPOs) and broad noise components observed in the power spectra of non-pulsing neutron-star and black-hole low-mass X-ray binaries. We show that among these components we can identify two, occurring over a wide range of source types and luminosities, whose frequencies follow a tight correlation. The variability components involved in this correlation include neutron-star kilohertz QPOs and horizontal-branch oscillations, as well as black-hole QPOs and noise components. Our results suggest that the same types of variability may occur in both neutron-star and black-hole systems over three orders of magnitude in frequency and with coherences that vary widely but systematically. Confirmation of this hypothesis will strongly constrain theoretical models of these phenomena and provide additional clues to understanding their nature.Comment: 15 pages, 2 figures (one color figure), to appear in the Astrophysical Journa

The EU’s dual-use export control and human rights risks: the case of cyber surveillance technology

Export of cyber technology can undermine human rights in countries of destination. In the aftermath of the Arab Spring, political controversies have arisen around EU-exported cyber surveillance technology, which allegedly helped autocratic states monitor and arrest dissidents. While cyber technology is indispensable to our lives, it can be used to suppress the right to privacy, the freedom of expression and the freedom of association, not only in the EU, but also in the countries it trades with. The EU has taken a proactive role in reforming the export of human rights-sensitive cyber technology. In September 2016 the European Commission proposed the integration of human rights due diligence in the process of export control. The Commission’s proposal, however, invited strong contestations both from industry and Member States. Essentially, dual-use export control has developed in order to mitigate military risks. Attempts to integrate human rights risks in export control have thus invited discomfort among stakeholders. This paper unpacks normative tensions arising from the EU’s attempts to integrate human rights risks in its export control regimes. By so doing, the paper highlights fundamental tensions embedded in the EU’s value-based Common Commercial Policy, of which dual-use export control forms an integral part

Controlling the Export of Digital and Emerging Technologies: Security and Human Rights Perspective

Dual-use export control regulates the trade of items which serve both civilian and military purposes. Justification for imposing export controls has been furnished by the need for safeguarding regional and international security, especially the non-proliferation of weapons of mass destruction. The rationale for applying export controls has been subject to challenges, however. This Security and Human Rights special issue addresses the underlying justification for imposing export controls by focusing on their technological fronts. Scott A. Jones’ piece sheds light on the regulatory challenges that have arisen for the US’ control over so-called “emerging” technologies. Cindy Whang moves on to compare the US’ approach with that of the EU’s dual-use export control. Ben Wagner proposes a set of policy options for the design of export controls on digital technologies, so that they can serve as an effective vehicle for promoting the protection of human rights

The present and future status of Japanese foundry industry

An introduction is given in detail about the current situation of Japanese foundry industry in 2006 from aspects such as the delivery structure of castings, scale and numbers of foundries, current profi t of foundry industry as well as the background of lower profi tability, etc. The development trend of Japanese foundry industry was also predicted, such as the transition of foundries from family business to modern company business, the improvement of rejection ratio and yield, application of IT to production and management, human resources and the challenge for zero emission and so on