The Paris Agreement advances a heterogeneous approach to international climate cooperation. Such an approach may be undermined by carbon leakage—the displacement of emissions from states with more to less stringent climate policy constraints. Border carbon adjustments offer a promising response to leakage, but they also raise concerns about their compatibility with international trade law. This Article provides a comprehensive analysis of border carbon adjustments and proposes a way to design them that balances legal, administrative, and environmental considerations.
In the recent past, geographical indications (GIs) have emerged as a significant intellectual property rights issue in the Indian context. Since 15 September 2003, when the Indian GI Act came into force, more than a hundred Indian products have been registered as GIs. However, there are several practical challenges confronting the stakeholders in India when it comes to the realization of the potential benefits ingrained in GIs. Apart from effective enforcement of the rights in the relevant markets (domestic and export), the success of a GI is contingent, in a large measure, upon appropriate marketing and promotion of the product—tasks that are not only resource‐intensive but also challenging to execute for many stakeholders from a developing country like India. It is all the more tricky to ensure that a fair share of the benefits accruing from the GI status of a product reaches the actual producers/artisans downstream in the supply chain, unless an appropriate institutional mechanism is set in place towards that end. Against this backdrop, the article attempts to explore the prospects for India in exploiting the potential benefits embedded in GIs and the key challenges confronting the country in its endeavour to realize such benefits.
The protection of geographical indications (GIs) has, over the years, emerged as one of the most contentious intellectual property right issues in the realm of the World Trade Organization (WTO). The Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement, with its near-universal applicability and enforceability, did have the potential to ensure effective protection for all GIs. However, even with TRIPS in place, the current status of international protection for all GIs, except those designating wines and spirits, is far from adequate because TRIPS mandates a two-level system of protection for GIs: (i) a basic protection applicable to all GIs (under Article 22) and (ii) an additional protection for the GIs designating wines and spirits (under Article 23). India, along with other like-minded countries, has long since been fighting at the WTO for an extension of the ambit of Article 23 protection to cover all products. The present article deals with this controversial issue that has now reached a state of virtual stalemate.
If citing, it is advised that you check and use the publisher's definitive version for pagination, volume/issue, and date of publication details. And where the final published version is provided on the Research Portal, if citing you are again advised to check the publisher's website for any subsequent corrections.
php (briefly summarizing the outcome of the 13th Convention of the Parties and the basic contours of the "Bali Road Map"). 12 See generally U.N. Framework Convention on Climate Change, Copenhagen Climate Change Conference -December 2009, http://unfccc.int/meetings/copenhagen_dec_2009/meeting/6295.php (noting the parties made significant progress towards common climate goals (for example. keeping temperature rise under two degrees Celsius) but did not reach an actual agreement as to the execution of those goals).
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.