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Teshager Worku Dagne's
Scholarly Papers
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Total Downloads
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1.
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Teshager Worku Dagne University of Dalhousie
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12 Mar 09
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07 Oct 09
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64 (105,180)
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Abstract:
This article analyses the issue of environmentally motivated unilateral trade measures in the World Trade Organization from the perspective of the developing countries. It is argued that environmentally motivated unilateral trade measures, as applied currently, risk defeating the environmental purpose for which they are sought and threaten the core values embedded in the trading system. The article critically analyses the different approaches tabled in the World Trade Organization for the reconciliation of the conflict between trade and environment and suggests a technique by which the permissible scope of unilateral trade measures may further be clarified.
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2.
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Teshager Worku Dagne University of Dalhousie
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11 Mar 09
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Last Revised:
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28 Apr 09
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25 (153,654)
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Abstract:
With the increased industrial application of biological resources, there has been a steep rise in the economic and commercial utility of such resources. This has resulted in the emergence of a new era of discovery and patent filings by individuals and corporeal organs, in the form of biological processes and plant varieties. On the other hand, biodiversity rich countries of the south have started to assert their sovereignty over the resources in their territories by claiming rights of ownership of the resources. Due to the huge financial benefits that modification and commercialisation of biological resources can confer, biodiversity has now become a subject of intense arguments and trade negotiations.
The article begins with a brief discussion of the rules regulating rights over biodiversity resources under the World Trade Organization's Agreement on Trade Related Aspects of Intellectual Property Rights and the United Nations Convention on Biological Diversity. Part III examines the background and context of controversies over the emerging practices of registering Intellectual Property Rights over biodiversity resources by different countries, while the next part assesses the merits of Geographical Indications and Trademarks as instruments of control of biodiversity resources. Then follows a discussion on the utility of Intellectual Property Rights to the developing countries in maintaining control over the biodiversity resources in their territories. Part VI concludes the paper with several suggestions, and raises the challenging impediments to the subject.
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3.
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Teshager Worku Dagne University of Dalhousie
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12 Mar 09
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Last Revised:
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12 Mar 09
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21 (164,193)
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AIDS has recently been the most discussed and controversial public health issue in the world. With an estimate of 30-36 million people suffering from the disease at the end of 2007, it appears that the World's attention will continue to focus on this disease well into the twenty-first century. Estimates are that 1.32 million Ethiopians in total were infected with HIV by the year 2005. This means that a great host of people in the country could already have experienced some form of discrimination based on their HIV status, and that many more have the potential of becoming vulnerable to rejection, stigma and prejudice once their status becomes known to others. This paper examines the human rights situation of People Living with HIV/AIDS (PLWHA) in some selected cities of Ethiopia by tracing to empirical evidences on the nature, forms and extent of HIV/AIDS related discrimination. It analyzes the empirical data on various manifestations of HIV/AIDS related discrimination and explores possible areas for legal intervention and policy formulation in the country's domestic legal framework.
Persons Living With HIV/AIDS, Discrimination, Human rights
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4.
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Teshager Worku Dagne University of Dalhousie
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08 Jul 09
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Last Revised:
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06 Aug 09
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17 (175,656)
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Abstract:
The paper analyzes the competing views on the link between trade and environment in the World Trade Organization, and come up with a proposal that better clarifies the scope of legality of environmentally motivated unilateral trade measures in the multilateral trading system. Adopting a doctrinal approach to legal research, it provides an exegesis on the various efforts towards the integration of trade and environment in the World Trade Organization framework. The paper employs the theory of transnational social justice as its analytical tool, and suggests that a state contemplating the use of environmentally motivated unilateral trade measures should first extend positive measures to the communities in other states that are affected by the purported measure.
trade measures, principles and criteria, developing countries, Doha round, shrimp-turtle, WTO
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5.
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Teshager Worku Dagne University of Dalhousie
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26 Aug 09
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26 Aug 09
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5 (207,765)
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Abstract:
With the increase in the common concerns and interests among states, the number of treaties regulating their relations is also in the rise. This has been compounded with the rapid proliferation of international courts and tribunals, posing the danger of a potential conflict among these numerous fora. The problem becomes much more imminent when the confrontation is between forums of mandatory jurisdiction, to which, the disputant parties have conceded. This article examines the situation as envisioned in the international environmental field and suggests the possible remedy to resolve the problems discussed
compulsory dispute settlement, multiple fora, MEAs
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6.
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Teshager Worku Dagne University of Dalhousie
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26 Aug 09
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26 Aug 09
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3 (211,585)
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Abstract:
The Shrimp-Turtle Case constitutes one of the most important decisions ever decided by the World Trade Organization (WTO) Appellate Body that touch upon trade and environment issues. The case left analysts with mixed feelings as far as the relationship between trade liberalization and environmental protection is concerned. At one hand, it provided some important clarifications in favor of the right of governments to protect the environment through unilateral measures. On the other hand, the government taking such measures at the case at hand once again found itself to be in violation of its World Trade Organization obligations. Using the Shrimp-Turtle Case as a a jumping off point,the article considers the interaction between trade and the environment in the WTO, analyzes the issues from the perspective of the various schools of thought, and highlights the issues of due significance for future researches.
shrimp-turtle, World Trade Organization, unilateral trade measures, environment
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