The conflict between sovereignty and the rules-based global order

“ Meanwhile, the West continued and continues looking for another chance to strike a blow at us, to weaken and break up Russia, which they have always dreamed about, to divide our state and set our peoples against each other, and to condemn them to poverty and extinction. They cannot rest easy knowing that there is such a great country with this huge territory in the world, with its natural wealth, resources and people who cannot and will not do someone else’s bidding. ”

“ Agreement on Trade-Related Aspects of Intellectual Property Rights Members,
Desiring to reduce distortions and impediments to international trade, and taking into account the need to promote effective and adequate protection of intellectual property rights, and to ensure that measures and procedures to enforce intellectual property rights do not themselves become barriers to legitimate trade ”

“ On account of our tremendously complex economic organization—the specialization of industry among nations, and the network of commerce—war today causes more profound changes than ever before. There can not be a human being in the world today whose life is not altered by the war through which we have just passed. ”

“ It is evident from the present disturbances in Europe that the real costs of the war cannot be measured by the direct money outlays of the belligerents during the five years of its duration, but that the very breakdown of modern economic society might be the price exacted. ”

“ Russia is an independent, active participant in international affairs; like other countries, it has its own national interests that need to be taken into account and respected.
At the same time, we are grateful to all those who understood our actions in Crimea; we are grateful to the people of China, whose leaders have always considered the situation in Ukraine and Crimea taking into account the full historical and political context, and greatly appreciate India’s reserve and objectivity. ”

“ Our Government is in a very different position. The Federal Constitution is the embodiment of the sovereignty of the United States as a nation, and this sovereignty can only be exercised in accordance with the powers contained in its provisions. Great Britain can do anything as a nation in the way of the exercise of governmental functions. There is nothing to prohibit or restrict the fullest exercise of her sovereignty as a nation. Hence there is no analogy, and the sovereignty of the United States as a nation differs widely from that of Great Britain. ”

“ Counsel have been at great pains to prove that the Government of the United States is one of delegated powers, and that its powers are not absolute and untrammeled, but subject to certain limits never and nowhere to be transcended; that the vague political entity known as The People stands behind the constituted agencies of government, holding in reserve the sources of supreme power, capable and ready to alter or destroy at its pleasure the machinery heretofore set up in its behalf. ”

“ The people of Crimea and Sevastopol made their choice in favour of being with their historical homeland, Russia, and we supported their choice. As I said, we could not act otherwise.
The current events have nothing to do with a desire to infringe on the interests of Ukraine and the Ukrainian people. They are connected with the defending Russia from those who have taken Ukraine hostage and are trying to use it against our country and our people.
I reiterate: we are acting to defend ourselves from the threats created for us and from a worse peril than what is happening now. ”

“ Objectives The protection and enforcement of intellectual property rights should 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. ”

“ However it has come about, it is more important still that the control of credit also has become dangerously centralized. It is the mere truth to say that the financial resources of the country are not at the command of those who do not submit to the direction and domination of small groups of capitalists who wish to keep the economic development of the country under their own eye and guidance. The great monopoly in this country is the monopoly of big credits. So long as that exists, our old variety and freedom and individual energy of development are out of the question. ”

“ Russia wants a free hand in Chechnya and to be heard on international issues. It aspires to secure its oil contracts in Iraq - worth tens of billions of dollars - and the repayment of $9 billion in old debts by the postbellum government. It seeks pledges that the oil market will not be flooded by a penurious Iraq. It desires a free hand in Ukraine, Armenia and Uzbekistan, among others. Russia wants to continue to sell $4 billion a year in arms to China, India, Iran, Syria and other pariahs unhindered.
Only the United States, the sole superpower, can guarantee that these demands are met. ”

“ Focused on their own goals, the leading NATO countries are supporting the far-right nationalists and neo-Nazis in Ukraine, those who will never forgive the people of Crimea and Sevastopol for freely making a choice to reunite with Russia.
They will undoubtedly try to bring war to Crimea just as they have done in Donbass, to kill innocent people just as members of the punitive units of Ukrainian nationalists and Hitler’s accomplices did during the Great Patriotic War. They have also openly laid claim to several other Russian regions. ”

“ And the most despicable thing is that the Russians in Ukraine are being forced not only to deny their roots, generations of their ancestors but also to believe that Russia is their enemy. It would not be an exaggeration to say that the path of forced assimilation, the formation of an ethnically pure Ukrainian state, aggressive towards Russia, is comparable in its consequences to the use of weapons of mass destruction against us. As a result of such a harsh and artificial division of Russians and Ukrainians, the Russian people in all may decrease by hundreds of thousands or even millions. ”

“ In the anti-Russia project, there is no place either for a sovereign Ukraine or for the political forces that are trying to defend its real independence. Those who talk about reconciliation in Ukrainian society, about dialogue, about finding a way out of the current impasse are labelled as “pro-Russian” agents. ”

“ Here while on the one hand we see the grand spectacle of a nation in the last extremity refusing to part with the treasures of its higher life, on the other hand that higher life is no longer unnaturally divorced from political life. It is prized as one of the bulwarks of the State, as a kind of spiritual weapon by which the enemy may be resisted. And in the new and public-spirited generation of thinkers, of which Fichte and Sehleiermacher were the principal representatives, culture returns to politics the honour that has been done to it. ”

“ Better to enter on the struggle and do our utmost than seek some measures of self-preservation involving eternal disgrace. All our officials, high and low, are of one mind, and there have assembled without official summons several hundred thousand patriotic soldiers (I Ping "Boxers") . Even children carrying spears in the service of the State. Those others relying on crafty schemes, our trust is in Heaven's justice. They depend on violence, we on humanity. ”

“ A Republic can have no subjects. A subject is possible only in a government resting upon force; he is unknown in a government deriving its just powers from the consent of the governed. "The Republican platform says that 'the largest measure of self-government consistent with their welfare and our duties shall be secured to them (the Filipinos) by law.' This is a strange doctrine for a government which owes its very existence to the men who offered their lives as a protest against government without consent and taxation without representation. ”

“ Jefferson spoke so freely and used language with such precision that no one can be ignorant of his views. On one occasion he declared: 'If there be one principle more deeply rooted than any other in the mind of every American, it is that we should have nothing to do with conquest.' And again he said: 'Conquest is not in our principles; it is inconsistent with our government.' The forcible annexation of territory to be governed by arbitrary power differs as much from the acquisition of territory to be built up into states as a monarchy differs from a democracy. ”

“ Still others who are familiar with the Filipinos and kindred races believe that their aspiration for an independent national existence was not deep rooted, that had we adopted an affectionate, admiring tone to their leaders, had we recognized their government and approved of it, we could soon have made their government our government, could have been as sovereign as we pleased, and had the people with us. Whatever view one may hold, it must be admitted that if we were to establish our sovereignty by peaceful methods it was essential to win the confidence and affection of the Filipinos. ”

“ National Treatment 1. Each Member shall accord to the nationals of other Members treatment no less favourable than that it accords to its own nationals with regard to the protection [3] of intellectual property, subject to the exceptions already provided in, respectively, the Paris Convention (1967) , the Berne Convention (1971) , the Rome Convention or the Treaty on Intellectual Property in Respect of Integrated Circuits. In respect of performers, producers of phonograms and broadcasting organizations, this obligation only applies in respect of the rights provided under this Agreement. ”

“ Most-Favoured-Nation Treatment With regard to the protection of intellectual property, any advantage, favour, privilege or immunity granted by a Member to the nationals of any other country shall be accorded immediately and unconditionally to the nationals of all other Members. ”

“ In view of the special needs and requirements of least-developed country Members, their economic, financial and administrative constraints, and their need for flexibility to create a viable technological base, such Members shall not be required to apply the provisions of this Agreement, other than Articles 3, 4 and 5, for a period of 10 years from the date of application as defined under paragraph 1 of Article 65. ”

“ Developed country Members shall provide incentives to enterprises and institutions in their territories for the purpose of promoting and encouraging technology transfer to least-developed country Members in order to enable them to create a sound and viable technological base. ”

“ To the extent that a developing country Member is obliged by this Agreement to extend product patent protection to areas of technology not so protectable in its territory on the general date of application of this Agreement for that Member, as defined in paragraph 2, it may delay the application of the provisions on product patents of Section 5 of Part II to such areas of technology for an additional period of five years. ”

“ Each Member shall enter, upon request, into consultations with any other Member which has cause to believe that an intellectual property right owner that is a national or domiciliary of the Member to which the request for consultations has been addressed is undertaking practices in violation of the requesting Member's laws and regulations on the subject matter of this Section, and which wishes to secure compliance with such legislation, without prejudice to any action under the law and to the full freedom of an ultimate decision of either Member. ”

“ In addition, Members shall protect such data against disclosure, except where necessary to protect the public, or unless steps are taken to ensure that the data are protected against unfair commercial use.
Section 8: Control of Anti-Competitive Practices in Contractual Licences Article 40 1. Members agree that some licensing practices or conditions pertaining to intellectual property rights which restrain competition may have adverse effects on trade and may impede the transfer and dissemination of technology. ”

“ Parties to a proceeding shall have an opportunity for review by a judicial authority of final administrative decisions and, subject to jurisdictional provisions in a Member's law concerning the importance of a case, of at least the legal aspects of initial judicial decisions on the merits of a case. ”

“ Each Member shall be prepared to supply, in response to a written request from another Member, information of the sort referred to in paragraph 1. A Member, having reason to believe that a specific judicial decision or administrative ruling or bilateral agreement in the area of intellectual property rights affects its rights under this Agreement, may also request in writing to be given access to or be informed in sufficient detail of such specific judicial decisions or administrative rulings or bilateral agreements. ”

“ The best way for the government to maintain its credit is to pay as it goes—not by resorting to loans, but by keeping out of debt—through an adequate income secured by a system of taxation, external, or internal, or both. It is the settled policy of the government, pursued from the beginning and practiced by all parties and administrations, to raise the bulk of our revenue from taxes upon foreign productions entering the United States for sale and consumption, and avoiding, for the most part, every form of direct taxation except in time of war. ”

“ Duties few, small, and comparatively inexpensive of collection would afford abundant revenues for the efficient conduct of the government, besides comporting much more evidently with economy in financial administration. Of course, if vast revenues pour in over the barriers of an exacting and exorbitant tariff, amply sufficient revenues would flow in through the easy conduits of moderate and simple duties. ”

“ The authority to the President to use agents to assist him in the application of the maximum and minimum section of the statute, and to enable officials to administer the law, gives a wide latitude for the acquisition, under circumstances favorable to its truth, of information in respect to the price and cost of production of goods at home and abroad, which will throw much light on the operation of the present tariff and be of primary importance as officially collected data upon which future executive action and executive recommendations may be based. ”

“ Forty years ago the foreign trade was practically monopolised by Englishmen, who had only to place their goods on the market of any newly-opened port for them to be snapped up at almost any price by [233] Chinese merchants, who then possessed but little knowledge of foreign wares and were exceedingly timid of their own officials. As time wore on this ignorance and timidity grew less and less, until the Chinese purchaser came to close quarters with the English importer, eliminating middlemen at the small ports and transferring operations chiefly to the great emporiums of Hongkong and Shanghai. ”

“ The judicial authorities shall have the authority to order a party to desist from an infringement, inter alia to prevent the entry into the channels of commerce in their jurisdiction of imported goods that involve the infringement of an intellectual property right, immediately after customs clearance of such goods. Members are not obliged to accord such authority in respect of protected subject matter acquired or ordered by a person prior to knowing or having reasonable grounds to know that dealing in such subject matter would entail the infringement of an intellectual property right. ”

“ Suspension of Release by Customs Authorities Members shall, in conformity with the provisions set out below, adopt procedures [13] to enable a right holder, who has valid grounds for suspecting that the importation of counterfeit trademark or pirated copyright goods14 may take place, to lodge an application in writing with competent authorities, administrative or judicial, for the suspension by the customs authorities of the release into free circulation of such goods. ”

“ Ex Officio Action Where Members require competent authorities to act upon their own initiative and to suspend the release of goods in respect of which they have acquired prima facie evidence that an intellectual property right is being infringed:
(a) the competent authorities may at any time seek from the right holder any information that may assist them to exercise these powers; (b) the importer and the right holder shall be promptly notified of the suspension. ”

“ We have to start breaking up four financial institutions which led us into the economic disaster we are in right now that remain much too big to fail, that we are going to have to bail out again and again and again, and that today have a stranglehold on our economy. ”

“ When we try to understand what is going on in the economy today—the rich getting richer, the poor getting poorer, the middle class collapsing—today, after we bailed out all these large banks, three out of four of them are now much larger than they were before. Today, Bank of America, JPMorgan Chase, Citigroup, and Wells Fargo—the four largest financial institutions in this country—hold about $7.4 trillion in assets, and that is equal to over half the Nation's estimated total output last year. ”

“ And while the mathematical subjects of the quadrivium were taught as science and for their own sakes, the new mathematics is a sort of supplement to language, affording a means of thought about form and quantity and a means of expression, more exact, compact, and ready than ordinary language. The great body of physical science, a great deal of the essential fact of financial science, and endless social and political problems are only accessible and only thinkable to those who have had a sound training in mathematical analysis, and the time may not be very remote when it will be understood that for complete initiation as an efficient citizen of one of the new great complex world-wide states that are now developing, it is as necessary to be able to compute, to think in averages and maxima and minima, as it is now to be able to read and write. ”