Regulatory Cooperation, Regional Trade Agreements, and World Trade Law: Conflict or Complementarity?

Today, the growing and aging population, and the rise of new global threats on human health puts an increasing demand on the healthcare system and calls for preventive actions. To make existing medical treatments more efficient and widely accessible and to prevent the emergence of new threats such as drug-resistant bacteria, improved diagnostic technologies are needed. Potential solutions to address these medical challenges could come from the development of novel lab-on-chip (LoC) for point-of-care (PoC) diagnostics. At the same time, the increasing demand for sustainable energy calls for the development of novel approaches for energy conversion and storage systems (ECS), to which micro- and nanotechnologies could also contribute. This thesis has for objective to contribute to these developments and presents the results of interdisciplinary research at the crossing of three disciplines of physics and engineering: electrokinetic transport in fluids, manufacturing of micro- and nanofluidic systems, and surface control and modification. By combining knowledge from each of these disciplines, novel solutions and functionalities were developed at the macro-, micro- and nanoscale, towards applications in PoC diagnostics and ECS systems. At the macroscale, electrokinetic transport was applied to the development of a novel PoC sampler for the efficient capture of exhaled breath aerosol onto a microfluidic platform. At the microscale, several methods for polymer micromanufacturing and surface modification were developed. Using direct photolithography in off-stoichiometry thiol-ene (OSTE) polymers, a novel manufacturing method for mold-free rapid prototyping of microfluidic devices was developed. An investigation of the photolithography of OSTE polymers revealed that a novel photopatterning mechanism arises from the off-stoichiometric polymer formulation. Using photografting on OSTE surfaces, a novel surface modification method was developed for the photopatterning of the surface energy. Finally, a novel method was developed for single-step microstructuring and micropatterning of surface energy, using a molecular self-alignment process resulting in spontaneous mimicking, in the replica, of the surface energy of the mold. At the nanoscale, several solutions for the study of electrokinetic transport toward selective biofiltration and energy conversion were developed. A novel, comprehensive model was developed for electrostatic gating of the electrokinetic transport in nanofluidics. A novel method for the manufacturing of electrostatically-gated nanofluidic membranes was developed, using atomic layer deposition (ALD) in deep anodic alumina oxide (AAO) nanopores. Finally, a preliminary investigation of the nanopatterning of OSTE polymers was performed for the manufacturing of polymer nanofluidic devices.QC 20140509RappidNanoGateNorosenso

THE CONCEPT OF ODIOUS DEBT IN PUBLIC INTERNATIONAL LAW

The concept of “odious debt” regroups a set of equitable considerations that have often been raised in the context of political transitions. This paper explores the grounds of the “odious debt” concept in international law and points out that obligation to repay debt has never been accepted as absolute, and has been frequently qualified by a range of equitable considerations, some of which may be regrouped under the concept of “odiousness.” Due to the complexity and variety of transitional contexts, there is no single legal forum for the adjudication or settlement of claims of odiousness. Depending on context, such claims might appropriately be raised in bilateral or multilateral negotiations, or they could be adjudicated in domestic litigation. However, invocation of the concept of odious debt in multiple forums risks inconsistent decisions. Thus, the examination of considerations of odiousness by a single special transitional tribunal may be an attractive solution.

Europe\u27s Evolving Regulatory Strategy for GMOs --- The Issue of Consistncy with WTO Law: of Kine and Brine

This Essay deals with one question: If challenged, how would regulatory restrictions on genetically modified organisms ( GMOs ) be judged by a World Trade Organization ( WTO ) adjudicating body. Many of the controversies about the effect of WTO law on domestic regulation have been influenced by the view that the law as it stands may well impede the ability of governments to regulate new and uncertain risks to health and the environment. The result in the Beef Hormones case is often cited for this proposition. In this Essay we aim to show that, contrary to an increasingly widespread popular perception, if WTO law is properly interpreted, GMO-related measures, where non-discriminatory against other WTO Members, can pass the test of consistency with even the most stringent of relevant WTO rules

European Community--Sugar : cross-subsidization and the World Trade Organization

An important recent World Trade Organization dispute settlement case for many developing countries concerned European Union exports of sugar. Brazil, Thailand, and Australia alleged that the exports have substantially exceeded permitted levels as established by European Union commitments in the WTO. This case had major implications for both European Union sugar producers and developing countries that benefited from preferential access to the European Union market. It was also noteworthy in the use of economic arguments by the WTO dispute settlement panel, which held that the excess sugar exports were in part a reflection of illegal de facto cross-subsidization-rents from production that benefited from high support prices being used to cover losses associated with exports of sugar to the world market. Although in principle the economic arguments of the panel could apply to many other policy areas, in practice WTO provisions greatly limit the scope to bring similar arguments for trade in products that are not subject to explicit export subsidy reduction commitments of the type that were made for sugar and other agricultural commodities.Economic Theory&Research,Trade Law,Tax Law,Food&Beverage Industry,Agribusiness&Markets

Canada - Export Credits and Loan Guarantees for Regional Aircraft (WT/DS222/R) A Comment

This panel report represents another installment in the long-standing litigation between Canada and Brazil over subsidization of sales of commuter jets by both countries. The report addresses a set of claims by Brazil closely related to prior claims concerning the practices of the Export Development Corporation as well as industrial policy entities in the Canadian province of Quebec. Brazil specifically challenged certain recent transactions where these federal and provincial entities provided certain kinds of financing assistance in connection with the sale of Bombardier aircraft (namely to Air Wisconsin, Atlantic Coast Airlines, Comair, Kendell, and Air Nostrum). For the most part the panel applied existing jurisprudence on export subsidies to the factual record. In particular, the panel applied a "private investor principle”, verifying in all instances whether the conditions that were granted by the export development and industrial policy agencies were more favorable than the conditions that were available from alternative private source

United States - Section 211 Omnibus Appropriations Act of 1998 (WT/DS176/AB/R) A Comment

As usual the authors have divided their labor, based on expertise. In particular, the economic analysis in section 4 was the responsibility of Damien Neven; Robert Howse's own understanding of the costs and benefits of international trade law rules with respect to intellectual property protection in general depends on a rather different framework for analysing the problem. However, in so far as the legal and economic analysis of the Havana Club case itself is concerned, which deals only with trademarks as a form of IP protection, the authors are in agreemen

United States - Tax treatment for "Foreign Sales Corporations” Recourse to Arbitration by the United States under Article 22.6 of the DSU and Article 4.11 of the SCM Agreement (WT/DS108/ARB) A Comment

Some of the legal analysis in this study derives from joint work between Robert Howse and Susan Esserman on this ruling, "Trade disputes quire fairer arbitration,” FT.com, Sep 12, 2002 This chapter discusses the decision by the arbitrator on suspension of concessions ("retaliation”) in the dispute between the US and the EU regarding the tax treatment of offshore corporate income under US legislation. By way of background, the first part of the chapter (section 2) describes the operation of the US scheme, including as revised after the first round of WTO ruling