G20 Summit in South Korea Split Over Geithner's Trade Plan

Photo: U.S. Secretary of the Treasury Timothy Geithner

The Group of 20 (G20), an international group of 20 national finance chiefs, are planning to meet in Gyeongju, South Korea. Bloomberg reports that the G20 are split over U.S. Treasury Secretary Timothy F. Geithner's proposed trade plan that calls for G20 members to encourage national policies that "reduce trade surpluses and deficits 'below a specified share' of their economies." Yoshihiko Noda, Japan's Financial Minister, and Rainer Bruederle, German's Economy Minister, were among the national finance ministers who reject this type of "command economy" approach, reports Bloomberg.

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ICC's Incoterms® 2010

Image: International Trade

In mid-September 2010, the International Chamber of Commerce (ICC) released its Incoterms® 2010, the 8th edition of the international standard trade terms used in global transportation documentation by freight forwarders and in international commercial sales contracts drafted by international trade lawyers. Read my article "The ICC's 2010 Revisions to International Standard Trade Terms" to learn more about some of the revisions in the ICC's Incoterms® 2010 publication and notices of upcoming seminars for practitioners.

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West Africa Internet Access Increases

Photo:  Place de cineaste at night, Ouagadougou,
Burkina Faso, West Africa 

According to the Associated Press, for decades West Africa's main Internet connection has been a single fiber-optic cable in the Atlantic, described as both tenuous and expensive. A second cable -- a new $250-million MainOne cable -- along the West African coast, ending at Lagos, Nigeria, aims to create a five-fold increase in Internet capacity. Bandwidth availability in West Africa should be significantly increased by the summer of 2012, according to the U.N.'s International Telecommunications Union. This investment in Africa's communications infrastructure will have a positive impact on the continent's trade growth in the coming years.

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Anti-Counterfeiting Trade Agreement Nearly Complete

     Signatories

     Signatories also covered by signature of the European Union

     Non-signatories covered by signature of the European Union

     Other countries eligible for signing the convention

The Anti-Counterfeiting Trade Agreement (ACTA) negotiations are close to a final agreement. The ACTA aims to create international rules on how copyright infringement is treated by signatory countries. After the August 2010 talks in Washington D.C., a new version of the agreement emerged that looks less like the stricter U.S. copyright laws, which may be the reason that it is closer to becoming an international reality among the parties.

DISCLAIMER: Because of the generality of this update, the information provided here may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this blog does not constitute a client/attorney relationship. Neither the content on this blog nor transmissions between you and the blogger through this blog are intended to provide legal or other advice or to create an attorney-client relationship.

Lexmark Files Patent Complaints: Market Competition Clashes with Intellectual Property Interests

Photo credit: Anchela/Creative Commons

In a great case to follow, the computer printer manufacturer Lexmark International, Inc. released a statement on August 23, 2010 announcing that it has filed patent infringement complaints against 24 cartridge vendors with the U.S. International Trade Commission. The Lexmark patent complaints allege that the named cartridge vendors infringed on at least 15 of its U.S. patents in the design of their replacement laser cartridge technology. On August 20, Lexmark also filed district court complaints in the U.S. District Court for the Southern District of Ohio seeking damages, domestic and export injunctions, and attorney fees against the same defendants.

DISCLAIMER: Because of the generality of this update, the information provided here may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this blog does not constitute a client/attorney relationship. Neither the content on this blog nor transmissions between you and the blogger through this blog are intended to provide legal or other advice or to create an attorney-client relationship.

"Blood" Diamonds Trade: Naomi Campbell to Testify in The Hague in Former Liberian President Charles Taylor's International War Crimes Case

Photo: Naomi Campbell, Wikimedia Commons

Supermodel Naomi Campbell has been subpoened to testify in the war crimes trial of former Liberian President Charles Taylor. The subpoena was issued on June 30, 2010. It orders Campbell to appear before the United Nations-backed Special Court for Sierra Leone (SCSL) sitting at the International Criminal Court (ICC) in The Hague (Netherlands) at 9 am on July 29, 2010.

During the Sierra Leone civil war of 1991-1992 an estimated half a million lives where lost, which includes many alleged war crime atrocities. The SCSL prosecution alleges that Taylor obtained "blood" diamonds -- which describes diamonds mined in a war zone to finance army activities -- during the 1991-1992 Sierra Leone civil war. Taylor's statement before the SCSL is that he never possessed rough diamonds.

According to the UN News Centre's July 1, 2010 report, Naomi Campbell is alleged by prosecutor information and belief to have stated that Taylor gave her a gift of a rough diamond at an 1997 private dinner at the home of the former South African president Nelson Mandela. Prosecutors have summoned Campbell's testimony in an effort to impeach Taylor's statement as untrue.

The international war crimes prosecution before the trial chamber of the SCSL also alleges that timber and other mineral wealth was traded between Taylor and Sierre Leone rebels. The actress Mia Farrow has also been subpoened to appear at the ICC to testify in the SCSL proceeding. The prosecution's ultimate effort is to obtain war crimes and crimes against humanity convictions against Taylor.

Charles Taylor was born January 28, 1948 in Montserrado County in the West African nation of Liberia. He obtained his college education from Bentley College in the United States before returning to Liberia to work in the governmental administration of former Liberian President Samuel Doe. He would later become Liberia's 22nd president and serve from August 2, 1997 until his resignation on August 11, 2003.

DISCLAIMER: Because of the generality of this update, the information provided here may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this blog does not constitute a client/attorney relationship. Neither the content on this blog nor transmissions between you and the blogger through this blog are intended to provide legal or other advice or to create an attorney-client relationship.

US Trade Deficit Shows Signs of Recovery

Illustration by jscreationzs

Bloomberg interprets March 2010 U.S. government trade report of widening trade deficit as sign of global recovery from what it describes as worst recession in the post-World War II era. Imports climbed more than exports, according to the trade report issued by the U.S. Census Bureau and the U.S. Bureau of Economic Analysis, through the Department of Commerce. Data on increased import consumption suggests a rebound in consumer confidence in the U.S. The first quarter 2009-2010 report also shows an increase in the purchase of inventory and equipment by U.S. traders, which may improve U.S. exports despite what is characterized as the global "drag from Europe," which is hurting the euro.

Check-out Bloomberg BusinessWeek 5/12/10 article.

DISCLAIMER: Because of the generality of this update, the information provided here may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this blog does not constitute a client/attorney relationship. Neither the content on this blog nor transmissions between you and the blogger through this blog are intended to provide legal or other advice or to create an attorney-client relationship.

First China Trade Deficit in 6 Years

Map of China

In April 2010, China reported its first monthly trade deficit in six years. The March 2010 deficit report of $7.24 billion was the first deficit since April 2004. The Los Angeles Times predicts that China's exports will rebound in the coming months as the pace of import growth slows with the Chinese central government's plan to tighten bank lending. (ref. Los Angeles Times, 4/11/2010, A7).

DISCLAIMER: Because of the generality of this update, the information provided here may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this blog does not constitute a client/attorney relationship. Neither the content on this blog nor transmissions between you and the blogger through this blog are intended to provide legal or other advice or to create an attorney-client relationship.

The U.S.-E.U. WTO Airbus-Boeing Trade Subsidy Dispute

Image: World Trade Organization Logo, Wikimedia Commons 

The World Trade Organization (WTO) is slated to issue a confidential ruling today on the US's case against the European Union (EU) alleging unfair trade subsidies to Airbus (EAD.PA), totaling $205 billion from France, Germany, Spain, and Britian over a 20 year period. International trade commentators anticipate that the WTO's ruling will confirm that the EU's aid to Airbus included unfair trade subsidies.

In October 2004, the US filed the case with the WTO in what would become the biggest international trade case against the EU. This is asserted to include below market interest loans and other benefits from the EU to Airbus. State aid repaid by Airbus may be adjudged by the WTO as legal if the interest paid was market rate.

If deemed market-distorting government subsidies, EU subsidies to Airbus will then raise the issue of assessing damages and/or trade sanctions against the EU for 20 years of unfair trade practices in the aerospace industry. In making such an assessment, the WTO would consider the harm to the US aerospace industry due to it being hindered from competing on a level playing field in the market because of the EU's market distorting subsidies. An important market distortion from illegal state subsidies include hindering fair competition by government distorting market pricing for services and business innovations.

The EU also filed a countersuit with the WTO against the US alleging unfair trade subsidies by the US to Boeing (BA.N). The countersuit will not likely be ruled on by the WTO for a few months. Ted Austell, vice president, Executive, Legislative and Regulatory Affairs with Boeing stated on March 22 that "[w]e look forward to the WTO's final decision."

DISCLAIMER: Because of the generality of this update, the information provided here may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this blog does not constitute a client/attorney relationship. Neither the content on this blog nor transmissions between you and the blogger through this blog are intended to provide legal or other advice or to create an attorney-client relationship.

African Ivory Trade

Photo: A female African Bush Elephant in Mikumi 
National Park, Tanzania. Wikimedia Commons

Kenya and its allies now disagree with Tanzania on the ivory trade, with Kenya leading the African countries seeking a permanent ban on the trade. The Doha Round of global trade negotiations will determine whether Tanzania will have a market for the stockpile of 12,131 ivory elephant tusks it has accumulated. The current estimated value of the Tanzanian ivory reserve is $12 million in Asian markets, according to an allafrica.com report. With Kenya and its allies seeking a permanent ban on the ivory trade, the decision at the next Doha will determine the value of Tanzania's ivory reserves.

The Doha Round of negotiations, launched in 2001, were initially scheduled to conclude by January 1, 2005. Tariff and subsidy disputes amoung the G-7 nations and the European Union (EU) created substantial delays in the global proceedings, especially on agricultural issues. No date is currently set for 2010 Doha talks to resume, but it is anticipated that a conclusion to the Doha Round of negotiations will occur this year.

The African trade in ivory elephant tusks has been around for centuries.

Men with ivory tusks from the African Elephant, Dar Es Salaam, Tanzania, circa. 1880-1923. Wikimedia Commons.

11th-century elephant tusk, Italy, Musée du Louvre.
Wikimedia Commons.

DISCLAIMER: Because of the generality of this update, the information provided here may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this blog does not constitute a client/attorney relationship. Neither the content on this blog nor transmissions between you and the blogger through this blog are intended to provide legal or other advice or to create an attorney-client relationship.

Australia Threatens ICJ Legal Action Against Japan's Whaling

A whale and calf being loaded aboard a factory ship, the Nisshin Maru. 
The sign above the slipway reads, "Legal 

research under the ICRW". 

Australia released this photo to challenge that claim.

Whaling tensions have created a sea of tension between Australia and Japan over Japan's whaling fleet activities in the Southern Ocean. Australian Foreign Minister Stephen Smith stated that Australia may consider legal action in the International Court of Justice (ICJ) over the issue. New Zealand has joined Australia in opposing Japan's whaling activities in the Southern Ocean. Japanese Foreign Minister stated that the threat of legal action was "unfortunate."

Japan has few allies in its whaling position. The nation has managed to continue to secure votes International Whaling Commission (IWC) votes to continue its activities, however, by the payment of quid pro quo financial aid to some of the poorest developing countries with voting power, according to Greenpeace.

"I make no bones about it," said Antigua's former Prime Minister Lester Bird. "[I]f we are able to support the Japanese and the quid pro quo is that they are going to give us some assistance ... that is part of why we do so."

(Photo: Catch from Japanese Whaling Expedition, Wikimedia Commons)


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Whirlpool Corp. Loses Patent Case Against LG Electronics

Photo: Whirlpool Showroom in Hong Kong.
Wikimedia Commons.

The U.S. International Trade Commission (ITC) has ruled in favor of LG Electronics in the long-running refrigerator patent infringement case brought by Whirlpool Corporation for U.S. Patent No. 6,082,130 (ice storage bins located in refrigerator doors). The ITC denied Whirlpool's remaining patent infringement claim and all of its other claims for relief, giving LG Electronics a total victory over all of Whirlpool's patent infringement claims.

DISCLAIMER: Because of the generality of this update, the information provided here may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this blog does not constitute a client/attorney relationship. Neither the content on this blog nor transmissions between you and the blogger through this blog are intended to provide legal or other advice or to create an attorney-client relationship.