The Trade Implications of Sports Sponsorship and Licensing under China’s WTO Obligations: A Case Study of the Beijing Winter Olympics

For the most part, conflict between domestic tobacco regulation/international tobacco control instruments and international trade obligations is more imaginary than real. In practice, domestic regulation can be carried out consistently with trade obligations. Nevertheless, there is at least a small chance of actual conflict between international tobacco rules and trade obligations. Where such conflict arises, this paper argues that proper treaty interpretation requires that trade obligations, as the 'harder' version of law, would take precedence over conflicting tobacco rules. For public health advocates who have concerns about this, the solution is not to exclude tobacco from trade agreements, but to refine existing trade obligations.

Background/Purpose: The 2022 Beijing Winter Olympics, with the concept of building a community with a shared future for mankind, were Olympic Games held in Beijing after 2008. Its Olympic heritage is more macro, comprehensive, and distinctive of China, and is an important resource for China's subsequent development. The cultural heritage of the Beijing Winter Olympics, as a world-renowned historical landmark, has a sustained endogenous driving force for the national image and brand building. Although there has been some research on Olympic heritage, it has mainly focused on the Summer Olympics, with relatively few studies on the heritage of the Winter Olympics. The current research on the heritage of the Winter Olympics has mainly discussed the definition and evaluation methods of heritage or analyzed individual categories of heritage such as venue preservation, with less exploration of heritage development strategies. In addition, although existing research has yielded certain results in the subsequent development of heritage from previous Winter Olympics (such as the Vancouver Winter Olympics), each Winter Olympics has its own specific environment and background, and its Olympic heritage also has its own unique characteristics. Therefore, it is necessary to conduct a specialized analysis of the heritage of 2008 Beijing Winter Olympics. Based on the analysis of the characteristics of the Beijing Winter Olympics heritage, the purpose of this study was to explore issues such as how to utilize these features in the process of national branding, and ultimately what kind of national image should be formed. Methods/Design: A semi-structured interview was conducted to collect key experiences, opinions, and lessons learned from stakeholders in the construction of selected national brands and the Winter Olympics, to have a deeper understanding of the details of national image construction, national brand development, and the Beijing Winter Olympics and its heritage. Based on the list of stakeholder types mentioned in the literature, the criteria of the population most likely to answer research questions based on their first-hand experience, and expert knowledge of large-scale events, 12 subjects were selected to participate in this study, including members of the Organizing Committee for the 2022 Beijing Winter Olympics, partners and sponsors of the 2022 Beijing Winter Olympics, important mainstream foreign media journalists, academic researchers from domestic and foreign universities in the impact of large-scale events and national brand research. Interviews were conducted from January to June 2022, covering the preparation, organization, and review of the Winter Olympics, providing interviewees with objective evaluation and reflection space. Due to the pandemic, the interviews were mainly conducted online through three apps: Skype, Zoom, and We Chat. The interview was digitally recorded and transcribed with the informed consent of the interviewees, and the interviewee's interview materials were encoded. The collection of data takes saturation as the node until no more information appears. Through constant comparison and inductive analysis, this study developed the relevant characteristics of the cultural heritage of this Winter Olympics and conducted discussions on this basis. Secondly, to make the text materials more detailed and abundant, online ethnography was used, relying on mainstream domestic and foreign online platforms, focusing on comments on the Winter Olympics cultural heritage and national image in the "online community", as part of the source of this research text. Results: The heritage of the Winter Olympics presented four important features that can be utilized in brand building: (1) consensus, resonance, and progress: a major country striving for world unity; (2) Green, environmentally friendly, and sustainable: the business card of the "Double Olympics City"; (3) People oriented and responsible big country: important achievements in the prevention and control of COVID-19 epidemic; (4) Kind, joyful, and youthful: Happy Winter Olympics and sports stars. These features were derived from China's early planning and have been successfully perceived internationally. The dissemination effect was good. Therefore, in subsequent development work, those features should be utilized as a focus and highlight. Conclusion: As an important connotation and clear goal of the cultural heritage of the Beijing Winter Olympics, the benefits of a national brand are considered a key achievement of the host country’s activities. This study specifically analyzed the unique features provided by the Beijing Winter Olympics that can create a national brand, and clarified the interrelationships between major sports events, the development of the host country's national brand, and image building work. Considering the long-term and important nature of national brand building, further research is needed to explore the specific media products and forms in which the characteristics of the Winter Olympics heritage can be applied, as well as how different media products should be coordinated.

TRIPS Agreement was entered into by WTO members as a means to create a unified Intellectual Property regime across the world. The provisions of TRIPS act as a minimum standard which has to be followed by the member countries. TRIPS provisions had forced the developing and least developed countries to create and follow an IP regime which was not suitable for their technology and needs. One of the severe impacts of following such a regime was on the public health sector. Before TRIPS came into being, a large number of countries had refused to grant patents for pharmaceutical products and even if the same was granted the countries provided for a flexible compulsory licensing procedure, enabling the growth of generic drug industries, thus allowing the manufacture of essential drugs at a cheaper cost. This flexibility was taken away by the TRIPS agreement which hampered the capability of the developing and least developed countries to provide for an effective public healthcare system. This disparity led to the Doha Declaration and WTO Para. 6 decision in 2003, allowing more flexible provisions regarding compulsory licensing and thereby to some extends resolving the issues. While these measures were being adopted which were lauded by organs of UN and WHO, the developed countries went on with TRIPS plus provisions in their countries. Recent years have shown the world a new trend amongst the developed countries, wherein they, through the Free Trade Agreements (FTAs) with the developing countries, impose TRIPS Plus Intellectual Property Standards. The Regional Trade Agreements (RTAs) and Bilateral Trade Agreements envisaged under GATT Agreement, had been negotiated mainly for favourable tariff rates and lower customs barriers in the initial stage acting as an exception for the MFN Rule. But recently as mentioned earlier these Agreements are including within them Intellectual Property chapters involving TRIPS Plus provisions. Unlike the GATT and GATS Agreements, TRIPS Agreement does not include any provisions which exempt the application of MFN principle for the Intellectual Property provisions in FTAs. Thus the inclusion of IP chapters in these FTAs results in an increase of the Intellectual Property standards prevailing around the globe. This practice is defeating all the efforts taken by the developing countries including India in Doha to ensure access to medicines for the people of the developing countries and least developed countries (LDCs) and is nullifying the flexibilities under Doha Declaration. If such a policy is allowed to be followed, the flexibilities and the safeguards under TRIPS will remain as a mere scarecrow and in near future itself the TRIPS will lose its significance.

It has been almost 15 years since the TRIPS Agreement came into force and its relationship with the GATT has developed in that time. The relationship between the agreements has been discussed in dispute settlement and in negotiations in the TRIPS Council. As the role of TRIPS has become more widely understood, it has become clear that its relationship with other trade agreements may not be what it should be. While the GATT and GATS agreements have as their overall goal the liberalisation of trade, the protection of intellectual property is a different goal that sometimes works as a trade barrier, rather than a liberalising tool. This feature of intellectual property was known when the TRIPS Agreement was completed, but the rhetoric that intellectual property protection, within the WTO, was necessary to prevent counterfeiting in the global world won the day. Also, there continues to be concerns over the impact of the TRIPS Agreement on innovation and technology transfer, particularly in developing countries. The flexibilities in the TRIPS Agreement have not produced results that really assist in development of local innovation and technology transfer. This chapter discusses the differences between GATT, GATS and the TRIPS Agreement and whether GATT and GATS jurisprudence is relevant to the interpretation of the TRIPS Agreement. The chapter concludes, amongst other things, that GATT principles may also be applicable to the interpretation of some TRIPS Agreement exceptions, particularly where those exceptions require external sources to give them a meaning in the TRIPS Agreement context. However, the applicability of GATT principles seems to vary according to what is at issue. As yet it is not clear that there is a consistent approach to the use of GATT principles in the interpretation of the TRIPS Agreement.

On 1 January 2017, France started a two-year trial of a mandatory country of origin labelling (hereinafter, COOL) scheme, which requires producers of milk, food containing milk products and food containing meat to provide information on the country of origin of the products. The scheme was introduced through Decree No 2016-1137 (i.e. Décret n° 2016-1137 du 19 août 2016 relatif à l’indication de l’origine du lait et du lait et des viandes utilisés en tant qu’ingrédient,1 hereinafter, the Decree). Before the end of this trial period, France has promised to provide a report to the European Commission (hereinafter, Commission) that would allow it to review consumer patterns and the potential impact on the internal market. In view of the report, the Commission may consider implementing such a scheme in all EU Member States. This article also notes that other EU Member States are introducing their own COOL measures and concludes that, when COOL is being made mandatory, the EU’s international trade obligations must be taken into account by the EU and its Member States.

The House GOP Blueprint can be drafted into legislation in a manner that would comply with the United States’ international trade obligations. This paper presents two alternative approaches that avoid the key WTO discrimination and subsidy issues often raised in discussions of destination-based cash flow tax proposals.

The community of tomato growers in Australia, which is largely based in the Goulburn Valley in Victoria, has been so affected by economic decline that their ‘viability was under threat’ (Australian Productivity Commission [PC], 2013). How and whether this situation can be improved is a challenge to government — federal, state and local — the wholesale and retail fruit markets, growers and producers. In the course of finding a solution to this decline, the media — both commercial and social — played a significant role in developing public opinion and in seeing its effect in action. The improvement of parlous social and economic conditions in farming communities where tomato growing is a major industry is complicated by the scope of Australia's international trade obligations — multilateral, regional, and bilateral. The range of legally compliant remedies is limited to restraints on imports by the alteration of tariffs or the imposition of quotas, including zero quotas (General Agreement on Tariffs and Trade [GATT], 1994, Article XIX; Agreement on Safeguards [AoS], 1994). But the availability of these depends on serious damage being caused by a sudden and unforeseen increase in the level of imports of processed tomatoes or their sale in Australia at a price below the cost of their production. There are further limitations if the source of the imports is at a low level and from a developing country or where any action is foreclosed by the terms of an existing Preferential Trade Agreement (PTA) with the exporting state. It is important to remember that these goods are being lawfully traded and to interfere with the terms of trade goes against the policy of trade liberalisation, which Australia has enthusiastically upheld for a long period of time…

In a world where the balance between economic globalization and national sovereignty is constantly evolving, the right to regulate becomes a crucial aspect of ensuring sustainable and inclusive development. This article explores the complex dynamics of protecting this essential right within the framework of international trade and investment agreements. Drawing upon a comprehensive analysis of legal frameworks, case studies, and scholarly discourse, it sheds light on the challenges and opportunities associated with preserving the right to regulate. By examining the intricate interplay between trade liberalization and regulatory autonomy, it provides a nuanced understanding of how nations can effectively navigate the complex terrain of global governance while safeguarding their ability to enact and enforce domestic regulations. Furthermore, the article explores the implications of regulatory measures on environmental protection and sustainable development, investigating potential conflicts between international trade obligations and the sovereign right of nations to regulate in the best interest of their citizens. Through a multidisciplinary approach, encompassing legal analysis, policy evaluation, and socioeconomic considerations, it aims to contribute to the ongoing discourse on striking a delicate balance between economic integration and the preservation of national regulatory autonomy, ultimately providing policymakers, scholars, and stakeholders with valuable insights and recommendations to navigate the complex landscape of international trade and investment agreements.

Global governance in intellectual property (IP) has changed dramaticallyin the last two decades. What was once principally an instrument of nationalpolicy is now increasingly subject to international disciplines. I contrast the newrestrictions placed on IP management that developing countries accept as partiesto the World Trade Organization’s Agreement on Trade-Related Aspects ofIntellectual Property Rights (TRIPS) with the constraints they face as membersof Regional and Bilateral Trade Agreements (RBTAs) with the United States. Ihighlight the areas where countries retain opportunities for policy innovationdespite their WTO obligations and provide examples of how some countries haveintroduced and retained measures that tailor IP management to local conditionsand needs, all while meeting the new TRIPS obligations. Moreover, I show howthese opportunities are circumscribed by RBTAs across all dimensions of patentpolicy, countries that are parties to such RBTAs have significantly less autonomy intheir management of IP. In sum, the proliferation of RBTAs presents the greatestthreat to countries’ capacities to manage IP for development objectives.

The Olympics is the world’s foremost multisport international event that occurs every four years in 2 seasonal editions which are the Summer and Winter Olympics respectively. With more than 200 nations participating in hundreds of events, it is a matter of prestige for any nation and the dream of every sportsperson to win a medal in the Olympics. Despite the massive hard work of the sportspersons, many nations fail to win medals whereas some nations are able to grab most of the medals under the names of their nations. Therefore, an analysis of the history of the Olympics is needed to understand the performances of nations, athletes and events to observe certain patterns occurring throughout the history of Olympics, in order to help the nations to improve themselves. The primary objective of this paper is to analyze the historical data of both the Winter and Summer Olympics under 14 different factors using Exploratory Data Analysis (EDA) techniques and statistical methods to evaluate the performance of nations and athletes as well as the historical evolution of Olympics and correlation of medal win of sports persons with external variables such as GDP and population. The analyses provide accurate insights of the performance of nations in the Olympics throughout history and help sportspersons to analyze their own and the competitor’s performances. In this paper, the data visualization aspect of EDA is used to provide a statistical view of factors that led to the evolution of the Olympic games as well as the performance of nations and sportspersons and helps countries with average and poor performances to improve themselves in upcoming Olympic editions.

Alternative approaches to estimating the effects of nontariff measures (NTMs) on trade flows are discussed and evaluated critically. Recent econometric studies point to three results: (i) NTM restrictiveness measures based on an aggregate of ‘core’ NTMs are more restrictive than existing tariffs and, because of export composition towards agricultural products, in the aggregate, these ‘core’ NTMs limit market access most for low-income countries; (ii) Proxies for individual NTMs have a negative effect on the volume of bilateral trade for the detailed product under scrutiny; (iii) harmonization of standards is trade enhancing. Case studies confirm several of these patterns, and also that perceived severity of NTMs varies across products and across destinations for a given product. Across broadly defined imports at the section level, NTMs are more restrictive than the corresponding tariffs with two-thirds of the ad-valorem equivalent estimates in the 25%-50% range. Technical regulations and non-automatic licensing are the most used single-NTM measures and the restrictiveness of technical regulations increases with income per capita.

BackgroundThe 2022 Beijing Winter Olympics is a representative large-scale sporting event, which not only promotes the development of the national and regional economy, society, and culture but also increases the demand of residents for winter sports, thus helping achieve the grand goal of “encouraging 300 million people to participate in winter sports.” This research explores the influence of the Beijing Winter Olympics on residents’ demand for winter sports in the Beijing–Tianjin–Hebei and Yangtze River Delta urban agglomerations in China. MethodsApplying big data mining techniques, the Baidu Index of Winter Olympics-related terms are used to measure residents' interest in the Beijing Winter Olympics, and the ratio of the Baidu Index of five winter sports (ice skating, ice hockey, curling, luge, and skiing) to the number of internet searches is used to capture residents’ demand for winter sports. Moreover, we explore the spatial–temporal pattern of the interest in the Winter Olympics and the demand for winter sports and construct an econometric model to test the driving effect of the Winter Olympics empirically. ResultsThe results show that 1) since 2011, interest in Winter Olympics has been on the rise, and the interest of residents in Beijing–Tianjin–Hebei has been higher than that of the Yangtze River Delta; 2) the demand for skating and skiing, which are two popular winter sports, shows a declining geographical concentration, indicating that the popularity of these two sports is on the increase; 3) the demand for winter sports in the peripheral cities in Beijing–Tianjin–Hebei shows a trend of specialization, while Beijing, Tianjin, and some cities in the Yangtze River Delta present a trend of diversification; and 4) the interest in the Beijing Winter Olympics influences the demand for winter sports positively. ConclusionThis study shows that the increase in interest in the Beijing Winter Olympics boosts residents’ demand for winter sports, which implies that hosting Winter Olympics successfully drives winter sports participation in China.

Multilateral trade negotiations have helped substantially reduce tariff rates over the years. Non-tariff measures (NTMs) as policy measures can potentially have an economic effect on international trade in goods, changing quantities traded, or prices or both. Myanmar is at the very beginning stage of listing NTMs exercised in the country, and there has been no systematic collection of the official regulations which could be understood as NTMs. The motivation for selecting the apparel sector as a case study in this context arises due to the significance of this sector in terms of its impact on employment and inclusive growth in Myanmar. The apparel industry achieved its growth throughout the 1990s. It has contributed a considerable percentage to the total export earnings of Myanmar before the economic sanctions by the EU and the United States in 2003. While this sector is not the major sector in driving the country’s exports, its importance comes from the fact that it is a major source of employment, especially for women. Policy corrections suggested in this chapter are expected to improve and create new trade opportunities, higher employment, gender equality and inclusive growth in Myanmar.

The 24th Winter Olympics was held in Beijing, and the air quality in the Beijing area has become the focus of the world’s attention. The Beijing government has taken a series of strict measures to control pollutant emissions during the Winter Olympics, which also provides us with a valuable opportunity to study the impact of meteorological conditions on pollutants. We defined November, December, January, February, and March as the polluted period in Beijing, and used the T-PCA method to divide the circulation types (CTs) affecting Beijing into six kinds (CT1-CT6). It was found that under the control of the western high pressure (CT1) and the northwest high pressure (CT4), the concentrations of PM2.5, NO2, SO2 and CO in Beijing were lower; while under the control of the northern high pressure (CT2), eastern high pressure (CT5), southeast high (CT3) and northeast low pressure (CT6), the concentration of PM2.5, NO2, SO2 and CO is higher. By analyzing the daily CTs, wind field and pollutant concentration changes in the Beijing area during the Beijing Winter Olympics, it was found that when two pollution events occurred during the Winter Olympics, the Beijing area was mainly prevailed by CT2, CT3, and CT6. Comparing the frequency of occurrence of six CTs during the 2022 Winter Olympics and the same period from 2014 to 2021, it was found that the proportion of CT1 and CT4 increased significantly during the Winter Olympics. Finally, the FLEXPART-WRF model was used to analyze the 48-h backward footprint distribution of pollutant particles in Beijing during the Winter Olympics. It further showed that the circulation in the Beijing area during the Winter Olympics was generally conducive to the dispersion of pollutants, and the air quality was better.

The Panel Report in the World Trade Organization (WTO) dispute United States - Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products (hereinafter 'US - Tuna II') was released on 15 September 2011. This case, which concerned the US's 'dolphin-safe' tuna labelling programme, was important to WTO watchers for several reasons. In particular, it addressed several issues of first impression regarding the scope of the Agreement on Technical Barriers to Trade (TBT) (hereinafter 'TBT Agreement') and contributed another piece to the ongoing puzzle of how to balance international trade obligations with domestic regulatory space in the WTO. The authors contend that the Panel Report supports the idea that labelling is a 'safe' option for creating regulatory policies that may comply with WTO standards, but the fact that the measure was ultimately defeated means that policymakers will have to think carefully about how to design their labelling schemes in order to avoid incompatibility with their international trade obligations.