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The Law of the WTO and the DVD Regional Coding System: The "Fragmentation" of International Trade Law Exemplified
Neuwirth, Rostam J.
2008-01
Source PublicationThe Indian Journal of International Economic Law
ISSN0975-3214
Volume1Issue:1Pages:145-180
Abstract

Fragmentation is apowerfulphenomenon derived from human thinking, also finding expression in the context of the regulation ofinternational trade under the World Trade Organization (WTO). Trade fragmentation is particularly found in the prevailing conception ofinternational trade law, as being a discipline ofpublicinternationallaw, on one hand with nation states as the sole actors ofpublicinternationallaw, and, on the other hand, a discline ofprivateinternational commercial law with privatepersons and companies as the central actors. However, important changes to the international business and trading environment, often caused by an unprecedented pace oftechnological innovation, have occurred which threaten to render this perception not only obsolete but inapt to cope with the most imminent challenges to the regulation ofinternational trade. For instance, as restrictions to trade at state borders are being removed by wayofmultilateral trade negotiations, increasinglynon-tariff barriers in the form ofdomestic regulation are being erected. Paradoxically, state regulation is not the only source ofnewrestrictions to trade capable offragmenting the global market. These trade restrictions can also have their origin in the actions ofprivate parties.

This fragmentation andits inherent dangers is well exemplifed in the so-called 'Digital Versatile Disc Regional Coding System (DVD-RCS)'which, forthepurposeofthe distribution ofilms on DVDs, divides the world in several different geographical regions to the effect that a movie on a DVD from one region can only be watched on the respective hardware (i.e. a computer ora DVD player) manufactured in the same region. Prima facie, the DVD-RCS appears to stand in stark contrast to the letter and the spirit of the lawgoverninginternational trade established under the WTOsystem and to openlyconstitute a so-called "unnecessary obstacle to international trade." The reasons behind the adoption of the DVD-RCS are discussed and its possible incompatibility with the rules contained in the agreements established under the WTO examined in this article.

KeywordWto Law Dvd Regional Coding
URLView the original
Language英語English
PublisherNational Law School of India University (NLSIU)
Document TypeJournal article
CollectionFaculty of Law
Corresponding AuthorNeuwirth, Rostam J.
AffiliationFaculty of Law of the University of Macau
First Author AffilicationFaculty of Law
Corresponding Author AffilicationFaculty of Law
Recommended Citation
GB/T 7714
Neuwirth, Rostam J.. The Law of the WTO and the DVD Regional Coding System: The "Fragmentation" of International Trade Law Exemplified[J]. The Indian Journal of International Economic Law, 2008, 1(1), 145-180.
APA Neuwirth, Rostam J..(2008). The Law of the WTO and the DVD Regional Coding System: The "Fragmentation" of International Trade Law Exemplified. The Indian Journal of International Economic Law, 1(1), 145-180.
MLA Neuwirth, Rostam J.."The Law of the WTO and the DVD Regional Coding System: The "Fragmentation" of International Trade Law Exemplified".The Indian Journal of International Economic Law 1.1(2008):145-180.
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