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This book is the first study to examine the issue of the legality of parallel imports of trademarked goods under the most important legal systems on an international level, namely under GATT/WTO law, EU law and the laws of the ten major trading partners of the European Union. Part I consists of a general approach to the phenomenon of parallel importation and of a presentation of the theories that have been suggested to resolve the above-mentioned issue. The rule of exhaustion of rights, of which there are three types (rule of national, regional and international exhaustion of rights), is proposed as the most effective instrument to deal with the issue in question. Part II examines the question of exhaustion of trademark rights in light of the provisions of GATT/WTO Law. Part III analyzes the elements of the EU provisions on exhaustion of trademark rights (Articles 7 of Directive 2008/95/EC and 13 of Regulation (EC) 207/2009) and some specific issues relating to the application of these provisions. Part IV presents the regimes of exhaustion of trademark rights recognized in the European Union's current ten most significant trading partners. The book is the first legal study to welcome, in light of economic analysis, the approach adopted by GATT/WTO law and EU law to the question of the geographical scope of the exhaustion of the trademark rights rule. It includes all the case law developed on an international level on the issue of the legality of parallel imports of trademarked goods and a comprehensive overview of the scientific literature concerning the phenomenon of parallel imports in general and the legality of parallel imports of trademarked goods. All the views expressed in the book are based on the European Court of Justice's most recent case law and that of the courts of the most important trading partners of the European Union.
Commercial law. Economic law (general) --- International economic relations --- Foreign trade regulation. --- Conflict of laws --- Free trade --- International trade --- Relations économiques internationales --- Commerce extérieur --- Marques de commerce --- Libre-échange --- Commerce international --- Trademarks --- Réglementation --- Droit international privé --- World Trade Organization. --- General Agreement on Tariffs and Trade (Organization) --- EPUB-LIV-FT LIVHUMAI SPRINGER-B
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The Mode 4 commitments of WTO Members are narrow and shallow. Even though trade negotiations for enhanced Mode 4 access started well before the launch of the DDA- prospects for success are thin. These negotiations followed a traditional mercantilist approach- with limited attention to the underlying difficulties countries face in letting people into their borders, either generally, or on the basis of a WTO GATS commitment. This Book argues that this approach alone will not succeed. It proposes a focus not on trading market access concessions only, but on discussions aimed at understanding each other's regulatory approaches. To date, in terms of the literature available, we know very little about how WTO Members are managing their Mode 4 commitments. We know even less about how the WTO could learn from clearly more advanced steps in regional liberalization processes. This Book addresses these issues- through case studies of market access and national treatment commitments, and regulatory approaches in Economic Integration Agreements of a select group of WTO Members.
Comparative advantage (International trade) --- World Trade Organization. --- Biśva Bāṇijya Saṃsthā --- Dėlkhiĭn Khudaldaany Baĭguullaga --- DTÖ --- Dünya Ticaret Örgütü --- Munaẓẓamat al-Tijārah al-ʻĀlamīyah --- O.M.C. --- OMC --- ʻOngkān Kānkhā Lōk --- Organisation mondiale du commerce --- Organização Mundial do Comércio --- Organización Mundial de Comercio --- Organización Mundial del Comercio --- Organizația Mondială de Comerț --- Organizzazione mondiale del commercio --- Organizzazione mondiale per il commercio --- Qaṅgkār Bāṇijjakamm Bibhab Lok --- Sāzmān-i Tijārat-i Jahānī --- Shi jie mao yi zu zhi --- SOT --- Světová obchodní organizace --- Svitova orhanizat︠s︡ii︠a︡ torhivli --- Światowa Organizacja Handlu --- Tổ chức thương mại thế giới --- Viśva Vyapāra Saṅgaṭhana --- Vsemirnai︠a︡ torgovai︠a︡ organizat︠s︡ii︠a︡ --- VTO --- W.T.O. --- Welthandelsorganisation --- World Trade Organisation --- WTO --- منظمة التجارة العالمية --- 世界貿易組織 --- 世界贸易组织 --- General Agreement on Tariffs and Trade (Organization) --- Comparative advantage (Commerce) --- Comparative costs (International trade) --- International trade --- Heckscher-Ohlin principle --- International division of labor --- International Economic Law, Trade Law. --- Private International Law, International & Foreign Law, Comparative Law . --- International law. --- Trade. --- Private international law. --- Conflict of laws. --- Choice of law --- Conflict of laws --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Law --- Legal polycentricity --- Law of nations --- Nations, Law of --- Public international law --- Civil law --- World Trade Organization
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This book brings a fresh perspective on the emerging field of international food law with the first detailed analysis of the process and implications of domestic compliance with the World Trade Organisation (WTO) Sanitary and Phytosanitary (SPS) Agreement. It investigates the influence of WTO disciplines on the domestic policy-making process and examines the extent to which international trade law determines European Union (EU) food regulations. Following controversial WTO rulings on genetically-modified foods and growth hormones in beef, awareness and criticism of global rules governing food has grown considerably. Yet the real impact of this international legal meta-framework on domestic regulations has remained obscure to practitioners and largely unexplored by legal commentators. This book examines the emergence of transnational governance practices set in motion by the SPS Agreement and their role in facilitating agricultural trade. In so doing, it complements and challenges conventional accounts of the SPS regime dominated by analysis of WTO disputes. It reviews legal commentary of the SPS Agreement to understand why WTO rules are so commonly characterised as a significant threat to domestic food policy preferences. It then takes on these assumptions through an in-depth review of food policies and decision-making practices in the EU, revealing both the potential and limits of WTO law to shape EU policies. It finally examines two important venues for the generation of global food norms – the WTO SPS Committee and Codex Alimentarius – to evaluate the practice and significance of transnational governance in this domain. Through detailed case studies including novel foods, food additives, vitamin and mineral supplements, and transparency and equivalence procedures, this book provides a richer account of compliance and exposes the subtle, but important influence of WTO obligations.
Public health. --- Community health --- Health services --- Hygiene, Public --- Hygiene, Social --- Public health services --- Public hygiene --- Sanitary affairs --- Social hygiene --- Health --- Human services --- Biosecurity --- Health literacy --- Medicine, Preventive --- National health services --- Sanitation --- Agricultural economics. --- European Law. --- Agricultural Economics. --- Public Health. --- Public International Law . --- Agrarian question --- Agribusiness --- Agricultural economics --- Agricultural production economics --- Agriculture --- Production economics, Agricultural --- Land use, Rural --- Economic aspects --- Law—Europe. --- Public international law. --- Law of nations --- Nations, Law of --- Public international law --- Law --- World Trade Organization. --- Agreement on the Application of Sanitary and Phytosanitary Measures --- Biśva Bāṇijya Saṃsthā --- Dėlkhiĭn Khudaldaany Baĭguullaga --- DTÖ --- Dünya Ticaret Örgütü --- Munaẓẓamat al-Tijārah al-ʻĀlamīyah --- O.M.C. --- OMC --- ʻOngkān Kānkhā Lōk --- Organisation mondiale du commerce --- Organização Mundial do Comércio --- Organización Mundial de Comercio --- Organización Mundial del Comercio --- Organizația Mondială de Comerț --- Organizzazione mondiale del commercio --- Organizzazione mondiale per il commercio --- Qaṅgkār Bāṇijjakamm Bibhab Lok --- Sāzmān-i Tijārat-i Jahānī --- Shi jie mao yi zu zhi --- SOT --- Světová obchodní organizace --- Svitova orhanizat︠s︡ii︠a︡ torhivli --- Światowa Organizacja Handlu --- Tổ chức thương mại thế giới --- Viśva Vyapāra Saṅgaṭhana --- Vsemirnai︠a︡ torgovai︠a︡ organizat︠s︡ii︠a︡ --- VTO --- W.T.O. --- Welthandelsorganisation --- World Trade Organisation --- WTO --- منظمة التجارة العالمية --- 世界貿易組織 --- 世界贸易组织 --- General Agreement on Tariffs and Trade (Organization) --- SPS Agreement --- WTO Agreement on the Application of Sanitary and Phytosanitary Measures
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Foreign trade regulation --- World Trade Organization --- Foreign trade regulation. --- Export and import controls --- Foreign trade control --- Import and export controls --- International trade --- International trade control --- International trade regulation --- Prohibited exports and imports --- Trade regulation --- Law and legislation --- World Trade Organization. --- Biśva Bāṇijya Saṃsthā --- Dėlkhiĭn Khudaldaany Baĭguullaga --- DTÖ --- Dünya Ticaret Örgütü --- Munaẓẓamat al-Tijārah al-ʻĀlamīyah --- O.M.C. --- OMC --- ʻOngkān Kānkhā Lōk --- Organisation mondiale du commerce --- Organização Mundial do Comércio --- Organización Mundial de Comercio --- Organización Mundial del Comercio --- Organizația Mondială de Comerț --- Organizzazione mondiale del commercio --- Organizzazione mondiale per il commercio --- Qaṅgkār Bāṇijjakamm Bibhab Lok --- Sāzmān-i Tijārat-i Jahānī --- Shi jie mao yi zu zhi --- SOT --- Světová obchodní organizace --- Svitova orhanizat︠s︡ii︠a︡ torhivli --- Światowa Organizacja Handlu --- Tổ chức thương mại thế giới --- Viśva Vyapāra Saṅgaṭhana --- Vsemirnai︠a︡ torgovai︠a︡ organizat︠s︡ii︠a︡ --- VTO --- W.T.O. --- Welthandelsorganisation --- World Trade Organisation --- WTO --- منظمة التجارة العالمية --- 世界貿易組織 --- 世界贸易组织 --- General Agreement on Tariffs and Trade (Organization)
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It is an appropriate time to rethink the relationship between trade regionalism and multilateralism in the Asian context as we witness the proliferation of free trade agreements (FTAs) in Asia. In the 1980's and 1990's, many scholars and policymakers believed that Asian integration was market-based, rather than legal-based, and that Asian integration would never be codified through agreements. Yet today, there are a large number of FTAs signed and under negotiation in Asia. This book investigates the appropriate relationship between regionalism and multilateralism, with a special reference
Asia -- Commercial policy. --- Asia -- Commercial treaties. --- Asia --Foreign economic relations. --- Free trade -- East Asia. --- Free trade -- Southeast Asia. --- Free trade. --- United States -- Economic policy -- 2001-. --- World Trade Organization -- Asia. --- Free trade --- Commerce --- Business & Economics --- International Commerce --- World Trade Organization --- Asia --- Foreign economic relations. --- Commercial policy. --- Biśva Bāṇijya Saṃsthā --- Dėlkhiĭn Khudaldaany Baĭguullaga --- DTÖ --- Dünya Ticaret Örgütü --- Munaẓẓamat al-Tijārah al-ʻĀlamīyah --- O.M.C. --- OMC --- ʻOngkān Kānkhā Lōk --- Organisation mondiale du commerce --- Organização Mundial do Comércio --- Organización Mundial de Comercio --- Organización Mundial del Comercio --- Organizația Mondială de Comerț --- Organizzazione mondiale del commercio --- Organizzazione mondiale per il commercio --- Qaṅgkār Bāṇijjakamm Bibhab Lok --- Sāzmān-i Tijārat-i Jahānī --- Shi jie mao yi zu zhi --- SOT --- Světová obchodní organizace --- Svitova orhanizat︠s︡ii︠a︡ torhivli --- Światowa Organizacja Handlu --- Tổ chức thương mại thế giới --- Viśva Vyapāra Saṅgaṭhana --- Vsemirnai︠a︡ torgovai︠a︡ organizat︠s︡ii︠a︡ --- VTO --- W.T.O. --- Welthandelsorganisation --- World Trade Organisation --- WTO --- منظمة التجارة العالمية --- 世界貿易組織 --- 世界贸易组织 --- Asian and Pacific Council countries --- General Agreement on Tariffs and Trade (Organization) --- Eastern Hemisphere --- Eurasia --- E-books --- S10/0700 --- China: Economics, industry and commerce--International economic relations (incl. development aid and problems, WTO) --- Commercial treaties.
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Le mécanisme de règlement des différends de l’O.M.C. se distingue des autres juridictions internationales en ce qu’il comporte un ensemble sophistiqué de procédures spécifiquement et exclusivement destinées à traiter les désaccords pouvant surgir au cours de l’exécution de l’obligation qui résulte pour un Membre de la décision juridictionnelle qui déclare sa responsabilité. Leur existence même et la façon dont les organes de jugement s’acquittent de leur mission témoignent de ce que l’exécution des obligations résultant des actes juridictionnels dans l’ordre international n’échappe pas fatalement au droit. Ainsi, le système de l’O.M.C. exprime mais aussi réalise une ambition singulière en droit international : renforcer la garantie de la légalité en habilitant la juridiction à encadrer, contrôler, et, en définitive, participer à assurer l’exécution de ses propres décisions. The WTO dispute settlement system has created a sophisticated set of procedures designed with the sole purpose of dealing with all disagreements that can arise between the parties during the implementation process. The very existence of these procedures, and the manner in which the adjudicative bodies accomplish their task, give evidence of the fact that compliance with judgments in the international legal order does not inevitably lie outside the realm of the law. The WTO system thereby expresses but also fulfills a strong ambition, unique when considered through the lens of international law: strengthening the rule of law by vesting the adjudicative bodies with the task of supervising, reviewing, and ultimately contributing to inducing and enforcing compliance with their own judgments.
Juridiction (droit international) --- Exécution (droit) --- Voies d'exécution. --- État --- Légalité. --- Responsabilité (droit international) --- World Trade Organization --- Organisation mondiale du commerce --- Foreign trade regulation. --- Arbitration (International law) --- World Trade Organization. --- Commerce extérieur --- Arbitrage international --- Réglementation --- Arbitration, International --- International arbitration --- International political arbitration --- Pacific settlement of international disputes --- International commissions of inquiry --- Jurisdiction (International law) --- Mediation, International --- Export and import controls --- Foreign trade control --- Foreign trade regulation --- Import and export controls --- International trade --- International trade control --- International trade regulation --- Prohibited exports and imports --- Trade regulation --- Law and legislation --- Biśva Bāṇijya Saṃsthā --- Dėlkhiĭn Khudaldaany Baĭguullaga --- DTÖ --- Dünya Ticaret Örgütü --- Munaẓẓamat al-Tijārah al-ʻĀlamīyah --- O.M.C. --- OMC --- ʻOngkān Kānkhā Lōk --- Organização Mundial do Comércio --- Organización Mundial de Comercio --- Organización Mundial del Comercio --- Organizația Mondială de Comerț --- Organizzazione mondiale del commercio --- Organizzazione mondiale per il commercio --- Qaṅgkār Bāṇijjakamm Bibhab Lok --- Sāzmān-i Tijārat-i Jahānī --- Shi jie mao yi zu zhi --- SOT --- Světová obchodní organizace --- Svitova orhanizat︠s︡ii︠a︡ torhivli --- Światowa Organizacja Handlu --- Tổ chức thương mại thế giới --- Viśva Vyapāra Saṅgaṭhana --- Vsemirnai︠a︡ torgovai︠a︡ organizat︠s︡ii︠a︡ --- VTO --- W.T.O. --- Welthandelsorganisation --- World Trade Organisation --- WTO --- منظمة التجارة العالمية --- 世界貿易組織 --- 世界贸易组织 --- General Agreement on Tariffs and Trade (Organization)
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Domestic regulation of services sectors has a significant impact on services trade liberalization, which is why General Agreement on Trade in Services (GATS) disciplines are negotiated in the WTO. With the help of analyses and case-studies from academics, regulators and trade experts, this book explores the scope and limits of WTO legal principles to promote domestic regulatory reform. Case-studies discuss country-specific challenges and experiences of regulating important service sectors, such as finance, telecommunications, distribution, legal, education, health, postal and logistics services, as well as the role of regulatory impact assessments. The findings will interest trade officials, policy-makers, regulators, think tanks and businesses concerned with the implications of domestic regulation on access to services markets, and with the opportunities for formulating trade disciplines in this area. It is also a useful resource for academics and students researching regulatory approaches and practices in services sectors.
Foreign trade regulation --- World Trade Organization --- Export and import controls --- Foreign trade control --- Import and export controls --- International trade --- International trade control --- International trade regulation --- Prohibited exports and imports --- Trade regulation --- Law and legislation --- World Trade Organization. --- Biśva Bāṇijya Saṃsthā --- Dėlkhiĭn Khudaldaany Baĭguullaga --- DTÖ --- Dünya Ticaret Örgütü --- Munaẓẓamat al-Tijārah al-ʻĀlamīyah --- O.M.C. --- OMC --- ʻOngkān Kānkhā Lōk --- Organisation mondiale du commerce --- Organização Mundial do Comércio --- Organización Mundial de Comercio --- Organización Mundial del Comercio --- Organizația Mondială de Comerț --- Organizzazione mondiale del commercio --- Organizzazione mondiale per il commercio --- Qaṅgkār Bāṇijjakamm Bibhab Lok --- Sāzmān-i Tijārat-i Jahānī --- Shi jie mao yi zu zhi --- SOT --- Světová obchodní organizace --- Svitova orhanizat︠s︡ii︠a︡ torhivli --- Światowa Organizacja Handlu --- Tổ chức thương mại thế giới --- Viśva Vyapāra Saṅgaṭhana --- Vsemirnai︠a︡ torgovai︠a︡ organizat︠s︡ii︠a︡ --- VTO --- W.T.O. --- Welthandelsorganisation --- World Trade Organisation --- WTO --- منظمة التجارة العالمية --- 世界貿易組織 --- 世界贸易组织 --- General Agreement on Tariffs and Trade (Organization) --- Foreign trade regulation.
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The fifth edition of the WTO Appellate Body Repertory of Reports and Awards (the 'Repertory') serves first and foremost as a source of information for those interested in the field of international trade law and international dispute settlement. Initially developed as an internal research tool to assist the Appellate Body Secretariat in carrying out its duty to provide legal support to Appellate Body Members, the Repertory has become a practical tool for officials from WTO Member States, and in particular for Members (including developing-country Members) that may not have the resources to prepare a similar compendium in-house. The Repertory is also a useful publication for academics, students, private practitioners, trade officials and other followers of international trade law and international dispute settlement.
Law reports, digests, etc. --- Foreign trade regulation --- World Trade Organization --- Foreign trade regulation - Digests --- World Trade Organization. --- Export and import controls --- Foreign trade control --- Import and export controls --- International trade --- International trade control --- International trade regulation --- Prohibited exports and imports --- Trade regulation --- Court decisions --- Court reports --- Court rulings --- Digests of cases (Law) --- Law reporters (Publications) --- Annotations and citations (Law) --- Law --- Law and legislation --- Biśva Bāṇijya Saṃsthā --- Dėlkhiĭn Khudaldaany Baĭguullaga --- DTÖ --- Dünya Ticaret Örgütü --- Munaẓẓamat al-Tijārah al-ʻĀlamīyah --- O.M.C. --- OMC --- ʻOngkān Kānkhā Lōk --- Organisation mondiale du commerce --- Organização Mundial do Comércio --- Organización Mundial de Comercio --- Organización Mundial del Comercio --- Organizația Mondială de Comerț --- Organizzazione mondiale del commercio --- Organizzazione mondiale per il commercio --- Qaṅgkār Bāṇijjakamm Bibhab Lok --- Sāzmān-i Tijārat-i Jahānī --- Shi jie mao yi zu zhi --- SOT --- Světová obchodní organizace --- Svitova orhanizat︠s︡ii︠a︡ torhivli --- Światowa Organizacja Handlu --- Tổ chức thương mại thế giới --- Viśva Vyapāra Saṅgaṭhana --- Vsemirnai︠a︡ torgovai︠a︡ organizat︠s︡ii︠a︡ --- VTO --- W.T.O. --- Welthandelsorganisation --- World Trade Organisation --- WTO --- منظمة التجارة العالمية --- 世界貿易組織 --- 世界贸易组织 --- General Agreement on Tariffs and Trade (Organization)
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The advent of the World Trade Organization (WTO) in 1995 transformed international economic law for states, enterprises, and nongovernmental organizations. This book analyzes how the WTO is changing the path of international trade law and examines the implications of these trends for the world economy and the global environment. Containing 18 essays published from 1999 to 2011, the book illuminates several of the most complex issues in contemporary trade policy. Among the topics covered are: Is there a normative theory of the WTO's purpose? Can constitutional theory provide guidance to keep the WTO's levers in balance? Should the WTO use trade sanctions for enforcement? What can the WTO do to enhance sustainable development and job creation?
International trade --- Foreign trade regulation. --- Export and import controls --- Foreign trade control --- Foreign trade regulation --- Import and export controls --- International trade control --- International trade regulation --- Prohibited exports and imports --- Trade regulation --- External trade --- Foreign commerce --- Foreign trade --- Global commerce --- Global trade --- Trade, International --- World trade --- Commerce --- International economic relations --- Non-traded goods --- History --- Law and legislation --- World Trade Organization. --- Biśva Bāṇijya Saṃsthā --- Dėlkhiĭn Khudaldaany Baĭguullaga --- DTÖ --- Dünya Ticaret Örgütü --- Munaẓẓamat al-Tijārah al-ʻĀlamīyah --- O.M.C. --- OMC --- ʻOngkān Kānkhā Lōk --- Organisation mondiale du commerce --- Organização Mundial do Comércio --- Organización Mundial de Comercio --- Organización Mundial del Comercio --- Organizația Mondială de Comerț --- Organizzazione mondiale del commercio --- Organizzazione mondiale per il commercio --- Qaṅgkār Bāṇijjakamm Bibhab Lok --- Sāzmān-i Tijārat-i Jahānī --- Shi jie mao yi zu zhi --- SOT --- Světová obchodní organizace --- Svitova orhanizat︠s︡ii︠a︡ torhivli --- Światowa Organizacja Handlu --- Tổ chức thương mại thế giới --- Viśva Vyapāra Saṅgaṭhana --- Vsemirnai︠a︡ torgovai︠a︡ organizat︠s︡ii︠a︡ --- VTO --- W.T.O. --- Welthandelsorganisation --- World Trade Organisation --- WTO --- منظمة التجارة العالمية --- 世界貿易組織 --- 世界贸易组织 --- General Agreement on Tariffs and Trade (Organization) --- E-books
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International economic relations. --- Economic policy, Foreign --- Economic relations, Foreign --- Economics, International --- Foreign economic policy --- Foreign economic relations --- Interdependence of nations --- International economic policy --- International economics --- New international economic order --- Economic policy --- International relations --- Economic sanctions --- World Trade Organization. --- Biśva Bāṇijya Saṃsthā --- Dėlkhiĭn Khudaldaany Baĭguullaga --- DTÖ --- Dünya Ticaret Örgütü --- Munaẓẓamat al-Tijārah al-ʻĀlamīyah --- O.M.C. --- OMC --- ʻOngkān Kānkhā Lōk --- Organisation mondiale du commerce --- Organização Mundial do Comércio --- Organización Mundial de Comercio --- Organización Mundial del Comercio --- Organizația Mondială de Comerț --- Organizzazione mondiale del commercio --- Organizzazione mondiale per il commercio --- Qaṅgkār Bāṇijjakamm Bibhab Lok --- Sāzmān-i Tijārat-i Jahānī --- Shi jie mao yi zu zhi --- SOT --- Světová obchodní organizace --- Svitova orhanizat︠s︡ii︠a︡ torhivli --- Światowa Organizacja Handlu --- Tổ chức thương mại thế giới --- Viśva Vyapāra Saṅgaṭhana --- Vsemirnai︠a︡ torgovai︠a︡ organizat︠s︡ii︠a︡ --- VTO --- W.T.O. --- Welthandelsorganisation --- World Trade Organisation --- WTO --- منظمة التجارة العالمية --- 世界貿易組織 --- 世界贸易组织 --- General Agreement on Tariffs and Trade (Organization) --- China --- Foreign economic relations. --- Commercial policy. --- World Trade Organization --- E-books --- Foreign trade regulation
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