自強之路

阿鴻說：｢裁定大多係程序事項，但並非絕對。如：實體裁定 (刑訴477更定其刑) 是。程序裁定：刑訴178科證人罰鍰之裁定。｣
｢關於免訴與不受理判決：
1. 以內容上區分；免訴判決、不受理判決均係形式判決。亦即訴訟上事項。
2. 以效力上區分；免訴判決係本案裁判；而不受理判決係非本案裁判。
區別實益：免訴判決具有實質確定力 (一事不再理原則適用)，而不受理判決則無。｣
感謝阿鴻指導，所以二火翔哥決定提前致贈生日禮物，為盼長官能較早啟航，練就一身好工夫，榮神益人。

219. World Trade Organization = 世貿組織
220. most-favored-nation treatment = 最惠國待遇
221. national treatment = 國民待遇
National treatment is a principle in international law vital to many treaty regimes. It essentially means treating foreigners and locals equally. Under national treatment, if a state grants a particular right, benefit or privilege to its own citizens, it must also grant those advantages to the citizens of other states while they are in that country. In the context of international agreements, a state must provide equal treatment to those citizens of other states that are participating in the agreement. Imported and locally-produced goods should be treated equally, at least after the foreign goods have entered the market.
While this is generally viewed as a desirable principle, in custom it conversely means that a state can deprive foreigners of anything of which it deprives its own citizens. An opposing principle calls for an international minimum standard of justice (a sort of basic due process) that would provide a base floor for the protection of rights and of access to judicial process. The conflict between national treatment and minimum standards has mainly played out between industrialized and developing nations, in the context of expropriations. Many developing nations, having the power to take control over the property of their own citizens, wished to exercise it over the property of aliens as well.
222. tariff concessions = 關稅減讓
The General Agreement on Tariffs and Trade (GATT) was a multilateral agreement regulating international trade. According to its preamble, its purpose was the "substantial reduction of tariffs and other trade barriers and the elimination of preferences, on a reciprocal and mutually advantageous basis." It was negotiated during the UN Conference on Trade and Employment and was the outcome of the failure of negotiating governments to create the International Trade Organization (ITO). GATT was signed in 1948 and lasted until 1993, when it was replaced by the World Trade Organization in 1995.
The third round occurred in Torquay, England in 1950. Thirty-eight countries took part in the round. 8,700 tariff concessions were made totaling the remaining amount of tariffs to ¾ of the tariffs which were in effect in 1948. The contemporaneous rejection by the U.S. of the Havana Charter signified the establishment of the GATT as a governing world body.
223. generalized system of preference (GSP) = 普遍性優惠制度
The Generalized System of Preferences, or GSP, is a formal system of exemption from the more general rules of the World Trade Organization (WTO), (formerly, the General Agreement on Tariffs and Trade or GATT). Specifically, it's a system of exemption from the most favored nation principle (MFN) that obliges WTO member countries to treat the imports of all other WTO member countries no worse than they treat the imports of their "most favored" trading partner. In essence, MFN requires WTO member countries to treat imports coming from all other WTO member countries equally, that is, by imposing equal tariffs on them, etc.
GSP exempts WTO member countries from MFN for the purpose of lowering tariffs for the least developed countries, without also lowering tariffs for rich countries.
224. subsidies = 補貼
225. dumping = 傾銷
In economics, "dumping" is a kind of predatory pricing, especially in the context of international trade. It occurs when manufacturers export a product to another country at a price either below the price charged in its home market, or in quantities that cannot be explained through normal market competition.
226. closer economic partnership arrangement = 更緊密經貿關係
The Closer Economic Partnership Arrangement (CEPA) is an economic agreement between the People's Republic of China, the Hong Kong SAR government (signed on 29 June 2003), and the Macau SAR government (signed on 18 October 2003), in order to promote trade and investment facilitation.
The main aims of CEPA are to eliminate tariffs and non-tariff barrier on substantially all the trade in goods between the three, and achieve liberalization of trade in services through reduction or elimination of substantially all discriminatory measures.
227. safeguards = 防衛
In the technical language of the World Trade Organization (WTO) system, a safeguard is used to restrain international trade in order to protect a certain home industry from foreign competition. A member may take a “safeguard” action (e.g. restrict importation of a product temporarily) to protect a specific domestic industry from an increase in imports of any product which is causing, or which is threatening to cause, serious injury to the domestic industry that produces like or directly competitive products.
228. Agreement on Trade-related Aspects of Intellectual Property Rights = 經貿智財協定
The Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) is an international agreement administered by the World Trade Organization (WTO) that sets down minimum standards for many forms of intellectual property (IP) regulation as applied to nationals of other WTO Members.[2] It was negotiated at the end of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) in 1994.
The TRIPS agreement introduced intellectual property law into the international trading system for the first time and remains the most comprehensive international agreement on intellectual property to date. In 2001, developing countries, concerned that developed countries were insisting on an overly narrow reading of TRIPS, initiated a round of talks that resulted in the Doha Declaration. The Doha declaration is a WTO statement that clarifies the scope of TRIPS, stating for example that TRIPS can and should be interpreted in light of the goal "to promote access to medicines for all."
Specifically, TRIPS contains requirements that nations' laws must meet for copyright rights, including the rights of performers, producers of sound recordings and broadcasting organizations; geographical indications, including appellations of origin; industrial designs; integrated circuit layout-designs; patents; monopolies for the developers of new plant varieties; trademarks; trade dress; and undisclosed or confidential information. TRIPS also specifies enforcement procedures, remedies, and dispute resolution procedures. Protection and enforcement of all intellectual property rights shall meet the objectives to contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare, and to a balance of rights and obligations.
229. patent cooperation treaty = 專利合作條約
230. Madrid Agreement = 馬德里協定
The Madrid Accords, also called Madrid Agreement or Madrid Pact, was a treaty between Spain, Morocco, and Mauritania to end the Spanish presence in the territory of Spanish Sahara, which was until the Madrid Accords' inception a Spanish province and former colony. It was signed in Madrid on November 14, 1975, although it was never published on the Boletin Oficial del Estado. This agreement violated the Law on decolonization of Sahara, ratified by the Spanish Parliament (Cortes) on November 18. In cause of the Madrid agreement, the territory would then be divided between Morocco and Mauritania.
231. Berne Convention = 伯爾尼公約
The Berne Convention of 1906 is an international treaty negotiated in Bern in Switzerland which prohibits the use of white (yellow) phosphorus in the manufacture of matches. The treaty also prohibits the import and sale of such matches.
The background to the treaty was the extensive medical problems such as Phossy jaw facing workers in match production. In 1925 Edward J. Phelan, future Director General of the International Labour Organisation, stated that the establishment of the ILO, " may in one sense be traced to the Berne Convention of 1906", partly as a result of lobbying by the International Association for Labour Legislation.
232. UN Convention on International Sales of Goods = 聯合國貨物銷售公約
The United Nations Convention on Contracts for the International Sale of Goods (CISG; the Vienna Convention) is a treaty offering a uniform international sales law. As of August 2010, it had been ratified by 78 countries which account for a significant proportion of world trade, making it one of the most successful international uniform laws. Benin was the most recent state to ratify the Convention.
The CISG allows exporters to avoid choice of law issues, as the CISG offers "accepted substantive rules on which contracting parties, courts, and arbitrators may rely".
The CISG was developed by the United Nations Commission on International Trade Law (UNCITRAL), and was signed in Vienna in 1980. The CISG is sometimes referred to as the Vienna Convention (but is not to be confused with other treaties signed in Vienna). It came into force as a multilateral treaty on 1 January 1988, after being ratified by 11 countries. CISG has been regarded as a success for UNCITRAL, as the Convention has since been accepted by States from "every geographical region, every stage of economic development and every major legal, social and economic system". Countries that have ratified the CISG are referred to within the treaty as “Contracting States”. Unless excluded by the express terms of a contract, the CISG is deemed to be incorporated into (and supplant) any otherwise applicable domestic law(s) with respect to a transaction in goods between parties from different Contracting States. Of the uniform law conventions, the CISG has been described as having "the greatest influence on the law of worldwide trans-border commerce".
The CISG has been described as a great legislative achievement, and the "most successful international document so far" in unified international sales law, in part due to its flexibility in allowing Contracting States the option of taking exception to certain specified articles. This flexibility was instrumental in convincing states with disparate legal traditions to subscribe to an otherwise uniform code. A number of countries that have signed the CISG have made declarations and reservations as to the treaty's scope, though the vast majority, 55 out of the current 76 Contracting States, has chosen to accede to the Convention without any reservations.
The CISG is the basis of the annual Willem C. Vis International Commercial Arbitration Moot held in Vienna in the week before Easter (and now also in Hong Kong). Teams from law schools around the world take part. The Moot is organised by Pace University, which keeps a definitive source of information on the CISG.
233. Interational Rules for the Interpretation of Trade Terms = 國貿術語解釋通則
In international economics and international trade, terms of trade or TOT is (Price of exportable goods)/(Price of importable goods). In layman's terms it means what quantity of imports can be purchased through the sale of a fixed quantity of exports. "Terms of trade" are sometimes used as a proxy for the relative social welfare of a country, but this heuristic is technically questionable and should be used with extreme caution. An improvement in a nation's terms of trade (the increase of the ratio) is good for that country in the sense that it can buy more imports for any given level of exports. The terms of trade is influenced by the exchange rate because a rise in the value of a country's currency lowers the domestic prices for its imports but does not directly affect the commodities it produces (i.e. its exports).
Terms of trade should not be used as synonymous with social welfare, or even Pareto economic welfare (詳 [補充]). Terms of trade calculations do not tell us about the volume of the countries' exports, only relative changes between countries. To understand how a country's social utility changes, it is necessary to consider changes in the volume of trade, changes in productivity and resource allocation, and changes in capital flows.
The price of exports from a country can be heavily influenced by the value of its currency, which can in turn be heavily influenced by the interest rate in that country. If the value of currency of a particular country is increased due to an increase in interest rate one can expect the terms of trade to improve. However this may not necessarily mean an improved standard of living for the country since an increase in the price of exports perceived by other nations will result in a lower volume of exports. As a result, exporters in the country may actually be struggling to sell their goods in the international market even though they are enjoying a (supposedly) high price.
In the real world of over 200 nations trading hundreds of thousands of products, terms of trade calculations can get very complex. Thus, the possibility of errors is significant.
[補充] Pareto efficiency, or Pareto optimality, is a concept in economics with applications in engineering. The term is named after Vilfredo Pareto (1848–1923), an Italian economist who used the concept in his studies of economic efficiency and income distribution. In a Pareto efficient economic allocation, no one can be made better off without making at least one individual worse off. Given an initial allocation of goods among a set of individuals, a change to a different allocation that makes at least one individual better off without making any other individual worse off is called a Pareto improvement. An allocation is defined as "Pareto efficient" or "Pareto optimal" when no further Pareto improvements can be made.
Pareto efficiency is a minimal notion of efficiency and does not necessarily result in a socially desirable distribution of resources: it makes no statement about equality, or the overall well-being of a society. The notion of Pareto efficiency can also be applied to the selection of alternatives in engineering and similar fields. Each option is first assessed under multiple criteria and then a subset of options is identified with the property that no other option can categorically outperform any of its members.
234. uniform customs and practice for documentary credit = 信用狀統一慣例
The Uniform Customs and Practice for Documentary Credits (UCP) is a set of rules on the issuance and use of letters of credit. The UCP is utilized by bankers and commercial parties in more than 175 countries in trade finance. Some 11-15% of international trade utilizes letters of credit, totaling over a trillion dollars (US) each year.
Historically, the commercial parties, particularly banks, have developed the techniques and methods for handling letters of credit in international trade finance. This practice has been standardized by the ICC (International Chamber of Commerce) by publishing the UCP in 1933 and subsequently updating it throughout the years. The ICC has developed and moulded the UCP by regular revisions, the current version being the UCP600. The result is the most successful international attempt at unifying rules ever, as the UCP has substantially universal effect. The latest revision was approved by the Banking Commission of the ICC at its meeting in Paris on 25 October 2006. This latest version, called the UCP600, formally commenced on 1 July 2007.
235. calvo doctorine = 卡爾沃主義
The Calvo Doctrine is a foreign policy doctrine which holds that jurisdiction in international investment disputes lies with the country in which the investment is located. The Calvo Doctrine thus proposed to prohibit diplomatic protection or (armed) intervention before local resources were exhausted. An investor, under this doctrine, has no recourse but to use the local courts, rather than those of their home country. As a policy prescription, the Calvo Doctrine is an expression of legal nationalism. The principle, named after Carlos Calvo, an Argentine jurist, has been applied throughout Latin America and other areas of the world.
The doctrine arose from Calvos's ideas, expressed in his Derecho internacional teórico y práctico de Europa y América (Paris, 1868; greatly expanded in subsequent editions, which were published in French). Calvo justified his doctrine as necessary to prevent the abuse of the jurisdiction of weak nations by more powerful nations. It has since been incorporated as a part of several Latin American constitutions, as well as many other treaties, statutes, and contracts. The doctrine is used chiefly in concession contracts, the clause attempting to give local courts final jurisdiction and to obviate any appeal to diplomatic intervention.
The Drago Doctrine is a narrower application of Calvo's wider principle.

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