bluuebunny/crossref_metadata_2025 huggingface dataset:
Perspectives on Covid19 Safety Protocols among Non-Native English Speaking Teachers and Students
Authors: Robles Balida Don Anton , Alegre Romulo Aujero , Lopez May Rhea Siapno , Balida Glennest Joy Daliba
Published: March 2022

This study sought to elicit global perspectives on Covid19 safety protocols when communicated in English to teachers and students of other languages. Adherence through comprehension of safety protocols by non-native English speaking students and teachers of higher education institutions (HEIs) is central to this investigation. Covid19 pandemic resulted in an unprecedented impact on the education sector. Since the well-being of students and teachers against any form of risk is a priority, safety protocols should be communicated effectively using comprehensible language. However, there is a valid observation on the lack of inquiries on how HEIs communicate, facilitate and implement those safety protocols to ensure adherence. Hence, the quantitative research approach was employed to address the problem presented. Primary data were collected through a structured questionnaire from 450 global student and teacher respondents. The respondents were chosen through a referral sampling technique, also known as a snowball, they joined the online survey, which took place for a month. The descriptive correlational research design was used, and the data were treated using descriptive and inferential statistical tools. Results revealed that out of eighteen components of safety protocols for educational institutions, wearing face masks is clearly understood and was noted as the most prevalently observed. The high level of knowledge and awareness on safety protocols among respondents is linked to massive information dissemination. The step-wise regression model identified only two significant predictors for a conforming perspective: wearing a face mask and physical distancing. The rest of the pre-identified protocols do not significantly affect or influence the perspectives. These results suggest that the respondents adhere to all protocols and agree that wearing face masks is their foremost concern. A negative perspective is indicated toward those who resist following the Covid19 protocols, suggesting that the respondents are aware of the importance of safety protocols in reducing positive cases if religiously observed. This study concludes that protocols for any crisis should be maintained and institutionalised because they serve their purpose better with proper implementation. Furthermore, English as a medium for communicating those health and safety is not a barrier and did not interfere with the respondents’ understanding and adherence. Therefore, the language of the protocols is within the grasp of the respondents, which is attributed to the success of its implementation.
İŞGÜCÜ PİYASALARINDA YÖNETİM BİLİŞİM SİSTEMLERİ PROGRAMLARININ FARKINDALIĞI: ABD VE TÜRKİYE’DEKİ İŞ İLANLARI ÜZERİNDEN BİR DEĞERLENDİRME
Authors: Aktaş Bahadır , Baz Aktaş Neşe , Akbıyık Adem
Published: March 2022

Bu çalışma Türkiye işgücü piyasasında yönetim bilişim sistemleri (YBS) bölüm mezunlarına odaklanan iş ilanları üzerinden işverenlerin beklentilerini ve YBS algısını açıklamaya çalışmaktadır. Türkiye’deki önemli iş ilanı platformlarından YBS mezunlarına odaklanan iş ilanları metni web kazıma yöntemi ile toplanmış, ardından bilgisayar destekli nitel veri analiz yöntemlerinden yararlanarak içerik analizi yapılmıştır. Elde edilen bulgular ışığında YBS bölümünün birlikte ele alındığı bölümler incelenmiş ve Türkiye’de YBS mezunlarından beklenen yetkinlikler YBS alanının teorik temellerinin atıldığı Amerika Birleşik Devletleri (ABD)’ndeki YBS iş ilanları ile karşılaştırmalar yapılarak sunulmaktadır. Böylece üniversitelerin YBS müfredatlarında olması gereken içeriklerin belirlenmesi, birlikte ele alınan bölümlerin ortaya konması, bölümler arası ders alımları, Çift Anadal ve Yandal programları planlanması konularında karar vericilere katkı sunması öngörülmektedir.
ÜNİVERSİTELERDE AKILLI KAMPÜS UYGULAMALARI İÇİN ALTYAPI SİSTEMİ OLUŞTURULMASI
Authors: Tecim Vahap , Aydın Can , Tarhan Çiğdem , Aşan Hakan , Komesli Murat
Published: March 2022

Üniversiteler için artan öğrenci sayıları, büyüyen binalar, değişen ve gelişen hizmetler ve bunlara bağlı olarak karmaşık hale gelen yönetimsel faaliyetler büyük sorunları da beraberinde getirmektedir. İlçe ve bazen küçük bir il nüfusuna dayanan bazı üniversitelerdeki öğrenci ve personel sayıları bir il yönetimindeki gibi hizmetlerinde sorunsuz bir şekilde yönetilmesi gerekliliğini beraberinde getirmektedir. Modern yönetim anlayışı çerçevesinde kampüs içerisindeki fiziksel mekanlarına uluslararası standartlarda koordinatlı bir şekilde teknolojik imkanlarla bilgisayar ortamına aktarılması ve bunun üzerinde değişim ve dönüşümleri kontrol edip yönetebilmelidir. Bu çalışma, kampüslerin ve içerisindeki her türlü varlığın, faaliyetin ve düzenlemelerin sağlıklı yapılabilmesi için akıllı kampüs uygulamalarına temel teşkil edecek altyapı sistemlerinin nasıl oluşturulabileceğini, bu altyapı üzerine uygulamaların nasıl yerleştirilebileceğini ortaya koymaktadır.
Variable Frequency Control in High Switching Frequencies DC-DC Converters
Authors: Syafiq Syahir , Ang Tze-Zhang , Salem Mohamed
Published: March 2022

The switching mode DC- DC was extensively researched and developed to meet most industrial power electronics requirements. Using the switch mode has the advantage of reducing conductive and switching losses by increasing the switching frequency. In addition, the power converters structure includes energy storage components, and power switches that reduce their performance. The development of new typologies for the power converters was undertaken in parallel with the advancement of instruments, materials, and control systems technology. By minimizing the switching losses and the overall converter size, these typologies may provide high performance. This study will therefore reflect on the classifications of DC- DC converters, and their ability to operate at high switching frequencies. Also, the control methods of the DC- DC converters will be discussed and compared. This project includes an intensive comparison between different typologies of DC-DC converters by using Matlab/ Simulink software to implement the frequency controlfor the most two effective typologies.
Alternative Investment Vehicles and (Self–)Regulation
Authors: Lamandini Marco
Published: March 2022

This contribution briefly reviews the state of the art of the regulatory and self–regulatory initiatives as regards hedge funds and private equity funds in Europe, and calls for more intervention from the EU legislator leading to the introduction of a European passport for this industry.
The Debtor behind the Debtor, the Tortfeasor behind the Tortfeasor. On liability for another company’s default and other debts
Authors: Werlauff Erik
Published: March 2022

The author discusses the question of when a situation of abuse of legal personality can be said to exist, and following from that, when a parent company or a main shareholder is at risk of incurring liability for the debts of a subsidiary to one or more of the subsidiary’s creditors.
Employee Participation on Companies’ Boards in Poland and Selected CEE Jurisdictions
Authors: Stanuch Slawomitz , Stroinski Rafal T.
Published: March 2022

This contribution discusses Employee Board Representation in Poland with reference to three other EU Member States: Hungary, the Czech Republic and Romania. The authors conclude that in all these jurisdictions the enthusiasm for Employee Board Representations seems to be losing ground.
Greek Legislation on Strategic Investments; the Next Golden Share Case before the European Court of Justice?
Authors: Papadopoulos Thomas
Published: March 2022

In 2008 Greece introduced legislation to curtail the right of investors to increase their shareholding in ‘strategic’ companies beyond certain levels and thereby to acquire control over those companies. In the opinion of the European Commission, however, this legislation constitutes a restriction on the free movement of capital and the freedom of establishment in the EU.
Boards of Directors and Managements Liability in Law in Denmark: The Written Standards Gradual Superseding of the Unwritten
Authors: Werlauff Erik
Published: March 2022

In Denmark a new Companies Act came into effect on 1 March 2010. The Act did not make any apparent changes to the standards concerning directors' liability. It would seem, however, that written standards for the basis of directors' liability have come to play a greater role relative to unwritten standards under tort law.
The New Polish Law on the Golden Veto: A Model Act for Member States of the European Union?
Authors: Grzegorczyk Filip
Published: March 2022

In 2010 in Poland a new law was passed that defines the rights of the Minister for the State Treasury in capital companies and capital groups in the electrical energy, oil and liquid fuels sectors.
Integrating CSR Principles in Capital Markets through the Prospectus Directive
Authors: van Rumpt Jelena Stamenkova
Published: March 2022

This article shows arguments in favour of integrating CSR information in every prospectus so as to ensure clarity and comparability of information and providing a level-playing field and promoting sustainable development in Europe.
State Competition: the Belgian Case for Reform
Authors: Wyckaert Marieke
Published: March 2022

In the wake of Jaap Winter's call for a fundamental review of Dutch company law, particularly regarding the rules for listed companies, the authors present the Belgian case and plead a fundamental rethinking of the Belgian Companies Code in view of both the domestic needs and the European standstill.
Is the Comply or Explain Principle a Suitable Mechanism for Corporate Governance throughout the EU?: The Dutch Experience
Authors: Olaerts Mieke , Abma Rients
Published: March 2022

In April 2011, the European Commission launched its Green paper on the EU corporate governance framework. The purpose of this Green paper is to foster the debate regarding a diverse range of corporate governance issues. One of the issues raised by the Commission regards the functioning and the effectiveness of the so-called comply or explain-principle. Experience with this principle in the Dutch context shows that in a large majority of the cases in which a provision in a corporate governance code has not been applied, the reasons have been formulated in general terms, a disclaimer has been incorporated, or no reasons whatsoever have been provided.
Upgrading the Nordic Corporate Governance Model for Sustainable Companies
Authors: Sjåfjell Beate , Sjåfjell Beate
Published: March 2022

Business as usual is no longer an option. How can the competitive advantage be given to countries and their companies that wish to pursue sustainable profit? This article presents the core of a legal reform proposal in a Nordic context, introducing planetary boundaries as a company law concept, with a redefined purpose for companies and a corresponding reform of the duties of the board
Improving the Legal Environment for Social Entrepreneurship in Europe
Authors: Argyrou Aikaterini
Published: March 2022

In the light of the definition communicated by the European Commission concerning social entrepreneurship, this article discusses three corporate structures which were introduced to better support and enable social enterprises in Belgium, the UK and Greece. Drawing on inspiration from these national corporate laws, this article reflects on their innovative approaches regarding corporate purpose, corporate governance and accountability applicable to social enterprises
Introducing Environmental Auditing at the Closure of Business in China
Authors: Lou Jianbo
Published: March 2022

Conventional solutions do not require many changes in the law and work to some extent. They do not solve the problem all by itself, however. That is why we still need to gauge our laws in general against the sustainable development requirements and also be prepared to make necessary radical changes
21st Century Company Law in Belgium
Authors: van der Elst Christoph
Published: March 2022

The new Belgian Code of Companies and Associations (BCCA) of 23 March 2019 entered into force on 1 May 2019 (See section 8 for the details.). The BCCA is divided in five parts, and further subdivided in different books. The first part, from book 1 to book 3, contains the general provisions that apply to companies, associations and foundations. Part 2 contains provisions specifically applicable to the different types of companies. Part 3 continues with the provisions that apply to associations and foundations. Part 4 deals with the restructuring and the transformation of the legal form and the last Part 5 contains provisions on the European legal forms.

Belgian Code of Companies and Associations
The New Kid on the Block on the European Market for Corporate Legal Forms: A Polish Laboratory for a Modern Close Corporation
Authors: Mucha Ariel , Mazgaj Marcin
Published: March 2022

Entering into force in 2021, Poland will have a new legal form: the simplified joint stock company (sJSC). The sJSC is especially relevant for start-ups companies.

simplified joint stock company (sJSC), Polish corporate law
New Rules and Regulations on the Duty to Publish a Prospectus in Switzerland: Scope of Application, Exemptions and Alleviations
Authors: Jentsch Valentin
Published: March 2022

On 1 December 2020, the revised duty to publish an approved prospectus in accordance with the Swiss Financial Services Act (FinSA) and the Swiss Financial Services Ordinance (FinSO) became fully effective. From a practical perspective, the scope of application of the duty to publish a prospectus has been significantly expanded and extended. Another remarkable novelty is the introduced set of explicit exemptions and alleviations from such duty, which are largely in line with the Prospectus Regulation (earlier, the Prospectus Directive) of the European Union. There are not only similarities, however, but also differences.

This article analyses and discusses the scope of application, exemptions and alleviations from the duty to publish a prospectus under the new rules and regulations in Switzerland. Using a functional and comparative approach, the article focuses on differences between European and Swiss law in this regard and further examines the new rules and regulations applicable to Swiss public offers for acquisition of securities and admission of securities to trading on a Swiss trading venue in light of European compatibility.

duty to publish a prospectus, scope of application, public offer, admission to trading, exemptions, subsequent resale of securities, alleviations, abridgments, simplified disclosure regime, proportionate disclosure regime, omission of information
Advancements in the Personal Information Protection System in Japan
Authors: Ishii Kaori
Published: March 2022

This article aims to overview the recent amendment of the Act on the Protection of Personal Information in Japan and discusses how it has made advancements and how it should address new challenges; furthermore, it shows future perspectives of Japanese data protection regime from both the national and international viewpoints. Overall, this amendment has heightened data protection levels by strengthening individual rights, reinforcing the obligations of Business Operators Handling Personal Information, raising the maximum amount for pecuniary fines, strengthening enforcements, and enhancing transparency.

There are certain similarities and differences between the General Data Protection Regulation in the EU and the Japanese Act on the Protection of Personal Information. It is important to elaborate on international coordination between enacting sanctions delivered by multiple jurisdictions.

In addition to the amended Act, the Cabinet Secretariat and the Personal Information Protection Commission in Japan jointly launched the Expert Committee on Reviewing Personal Information Protection System in order to review Japan’s overall data protection regime. The current Japanese personal information protection system stipulates multiple regulations depending on the category of entities that handle personal information. Creating a comprehensive data protection mechanism by eliminating unnecessary divergences in data protection provisions would be a great advancement in achieving ideal data protection system.

Personal Information Protection, Japan, General Data Protection Regulation, Adequacy
The Constitutional System for the Protection of Privacy in Chilean Law
Authors: Álvarez-Valenzuela Daniel
Published: March 2022

This article proposes a systemic review of the protection of privacy in the Chilean Constitution, understood not only by the norms of Article 19 No. 4, the right to privacy and the right to the protection of personal data, but also through the normative content provided by No. 5, which comprises the rights to the inviolability of the home, private communications and documents, subject to constitutional protection. When we conceive the privacy protection standards set out in Chilean constitutional law as a system, we can appreciate that despite the obvious differences between the different rights that form this system, there are areas where they do intersect or overlap when applying them to specific facts. This wide scope of protection is essential to apply the right to privacy as a strong defence against the threats and risks posed by the use of digital technologies.

Chile, Privacy, Constitutional Law, Personal Data, Private Communications, Informational Self-Determination
The Law and Economics of Simultaneous Countervailing Duty and Anti-dumping Duty Proceedings
Authors: Kelly Brian
Published: March 2022

Two of the chief tools of US trade administration are countervailing duties, intended to eliminate the effects of foreign subsidies on US imports, and anti-dumping duties, intended to eliminate the effects of unfairly low prices on imported merchandise. When products are subject simultaneously to both types of trade remedies, care must be taken to avoid the double penalization of the imports. This article models the ‘level playing field’ rationale that underlies both types of trade remedies and extends that model to cases in which the remedies are applied concurrently. The results demonstrate that proposed changes to law and practice with respect to ‘non-market’ economy exporters would cause double penalization, creating an additional deadweight loss from trade regulation.
Border Tax Adjustment to Combat Carbon Leakage: A Myth
Authors: Quick Reinhard
Published: March 2022

Discussions about unilateral trade measures as a means to combat climate change have become quite fashionable notwithstanding warnings against unilateralism and protectionism from the leaders of G-8 and G-20 in times of an economic crisis. A system of ‘border tax adjustment’ on imports is suggested in order to countervail the cost of domestic emission trading systems. The proponents argue that without such measures, a country having adopted an emission trading system would not only lose economically but also environmentally. The standard reason given to justify this argument is the notion of carbon leakage, namely, the danger that energy-intensive production would move from countries with domestic policies to reduce greenhouse gas emissions based on a carbon price for emitters to regions that do not have a binding and costly regulatory CO2 regime. Recently, the discussions have been fuelled by the Waxman/Markey Bill, adopted on 26 June 2009 by the House of Representatives and by a French non-paper, presented at the informal EU Environment Council held in July 2009. These two initiatives aim to establish, in the context of a domestic emission trading system, a system of ‘border tax adjustment’ against some imports from some countries, namely, those that are seen as not contributing enough in the fight against climate change. The revised European ETS Directive does not provide for border measures. It instructs the European Commission to submit a report to the Council and the European Parliament no later than 30 June 2010 assessing whether energy-intensive sectors are exposed to a significant risk of carbon leakage and explicitly outlines the inclusion of imports in the European Union’s ETS system as one of several actions. The joint WTO-UNEP paper on trade and climate change has been widely regarded as a justification from a legal point of view of such measures. While there are many proponents for such measures, there remains a considerable amount of skepticism; politicians, business organizations, and scholars have warned against such an approach. The following short note will discuss the feasibility of ‘border tax adjustment’ in relation to domestic climate change legislation as well as some WTO legal aspects along the following questions: (1) Are there target countries for border measures? (2) Would border measures help to combat climate change and could they be administered without too much bureaucracy? (3) How should border measures be qualified under General Agreement on Tariffs and Trade (GATT)?
Expiry Reviews of Anti-Dumping Measures in the European Union
Authors: Vermulst Edwin , Vermulst Edwin
Published: March 2022

Since 1995 until 2008, 163 expiry reviews have been completed in the European Union (EU). Of these, 108 expiry reviews resulted in the continuation of the measures and 55 led to their termination. In 153 cases no expiry reviews were initiated and the measures expired automatically. The present article discusses the procedural and substantive aspects of expiry review investigations in the EU and provides a statistical overview of the expiry reviews undertaken during the past fourteen years. The last part of the article discusses the possibilities for changes in the provisions concerning expiry reviews in light of the draft texts of the Anti-Dumping Agreement (ADA) proposed by the Chair of the WTO Negotiating Group on Rules.
The Role of Customs Administrations in Preparation of Regional Integration in the European Union
Authors: Weerth Carsten
Published: March 2022

The national customs services of the twenty-seven EU Member States are playing a crucial role for the preparation of the admission of further states to the European Union (EU) by helping to build structures and teach the EU Customs Law in order to enable candidate states to apply the acquis communautaire. The so-called ‘twinning’ is an important and practical approach to facilitate the transfer of knowledge about EU Customs Law to candidate countries. This article explains the legal basis and also shows the practical limitations and problems of the twinning projects in EU Customs Law. It also shows the benefits of the new EU Customs Blueprints for a uniform capacity building of candidate countries.
A Survey of EU Trade Defence Case Law in 2009
Authors: Senduk Jeffry H.
Published: March 2022

The EU Trade Defence Instruments (TDIs), namely anti-dumping and anti-subsidy duties, are highly technical subjects that one might think should fall within the realm of specialized lawyers and EU officials only. With this survey however, the authors demonstrate that technicalities, such as inter alia ‘Market Economy Treatment’ (MET) and the methodology applied to calculate dumping or injury margins, are very often of great importance, in economic terms to companies.

The level of a duty that is to be paid by companies often depends on such technicalities. After the Council has adopted a final anti-dumping or anti-subsidy Regulation, economic operators have the legal right to challenge the determination of such TDIs before the General Court and the Court of Justice of the European Union (EU). This survey, which follows an earlier paper by the authors concerning the same subject matter, illustrates how the case law of the EU Courts developed in a, in the authors’ opinion, positive direction over 2009 by allowing for a higher degree of successful judicial review with regard to TDI matters than in previous years. This survey will also highlight the topics for which a challenge in EU Courts is possible and effective and topics for which, by contrast, success is less likely. In doing so, the authors provide a helpful overview to all parties that deal with TDIs on a regular basis.
A Survey of the EU Tariff Classification Case Law in Year 2010
Authors: Diaz Gavier Patricio , Diaz Gavier Patricio
Published: March 2022

This survey provides an overview of the judgments of the Court of Justice of the European Union in tariff classification matters in the year 2010. The jurisprudence of the Court of Justice provides valuable guidance for all actors involved in EU tariff classification.
Judicial Review of Anti-dumping Actions Country Study: India
Authors: Seetharaman Sampath
Published: March 2022

This collection of articles analyses the problems with judicial review of trade remedy determinations in ten user countries - Australia, Brazil, Canada, China, the European Union, India, Indonesia, Mexico, South Africa, and the United States - and is a follow-up to similar studies in 2004 and 2007 respectively. Each article succinctly describes the major problems with judicial review in their jurisdictions covering the period from 2001 to 2010 with an aim to examine the effectiveness of judicial review (and/or, where applicable, review by an administrative tribunal) of trade remedy determinations in the light of Article 13 of the WTO Anti-Dumping Agreement. Two problems have been underlined: (1) the excessively long duration of the judicial review procedures; and (2) the considerable deference given to the administrative authorities on substantive issues by the courts typically on account of the technicality of the anti-dumping determinations and the absence of expert judges versed with trade remedy laws. These two problems have deeply impacted the effectiveness of the judicial review systems in most jurisdictions investigated and the situation is far from what is envisaged in Article 13 of the ADA. Both problems are related to the absence of specialized courts and chambers with judges trained in trade remedy laws. In contrast, the United States and India - the only two countries that have specialized courts - have effective judicial review systems. For the ten year period covered by this study, the ten countries investigated can be divided into two groups as regards the recourse to judicial review of anti-dumping determinations. One group comprises the European Union, India, Mexico and the United States where judicial review of anti-dumping determinations has been frequent. The second group comprises the remaining countries namely Australia, Brazil, Canada, China, Indonesia and South Africa where judicial reviews have been more limited. In fact the judicial review systems for trade remedy determinations in countries such as China and Indonesia are in the early stages of development.
Judicial Review of Anti-dumping Determinations in Mexico
Authors: Uruchurtu Gustavo A.
Published: March 2022

This collection of articles analyses the problems with judicial review of trade remedy determinations in ten user countries - Australia, Brazil, Canada, China, the European Union, India, Indonesia, Mexico, South Africa, and the United States - and is a follow-up to similar studies in 2004 and 2007 respectively. Each article succinctly describes the major problems with judicial review in their jurisdictions covering the period from 2001 to 2010 with an aim to examine the effectiveness of judicial review (and/or, where applicable, review by an administrative tribunal) of trade remedy determinations in the light of Article 13 of the WTO Anti-Dumping Agreement. Two problems have been underlined: (1) the excessively long duration of the judicial review procedures; and (2) the considerable deference given to the administrative authorities on substantive issues by the courts typically on account of the technicality of the anti-dumping determinations and the absence of expert judges versed with trade remedy laws. These two problems have deeply impacted the effectiveness of the judicial review systems in most jurisdictions investigated and the situation is far from what is envisaged in Article 13 of the ADA. Both problems are related to the absence of specialized courts and chambers with judges trained in trade remedy laws. In contrast, the United States and India - the only two countries that have specialized courts - have effective judicial review systems. For the ten year period covered by this study, the ten countries investigated can be divided into two groups as regards the recourse to judicial review of anti-dumping determinations. One group comprises the European Union, India, Mexico and the United States where judicial review of anti-dumping determinations has been frequent. The second group comprises the remaining countries namely Australia, Brazil, Canada, China, Indonesia and South Africa where judicial reviews have been more limited. In fact the judicial review systems for trade remedy determinations in countries such as China and Indonesia are in the early stages of development.
Anti-dumping and Judicial Review in South Africa: An Urgent Need for Change
Authors: Brink Gustav
Published: March 2022

This collection of articles analyses the problems with judicial review of trade remedy determinations in ten user countries - Australia, Brazil, Canada, China, the European Union, India, Indonesia, Mexico, South Africa, and the United States - and is a follow-up to similar studies in 2004 and 2007 respectively. Each article succinctly describes the major problems with judicial review in their jurisdictions covering the period from 2001 to 2010 with an aim to examine the effectiveness of judicial review (and/or, where applicable, review by an administrative tribunal) of trade remedy determinations in the light of Article 13 of the WTO Anti-Dumping Agreement. Two problems have been underlined: (1) the excessively long duration of the judicial review procedures; and (2) the considerable deference given to the administrative authorities on substantive issues by the courts typically on account of the technicality of the anti-dumping determinations and the absence of expert judges versed with trade remedy laws. These two problems have deeply impacted the effectiveness of the judicial review systems in most jurisdictions investigated and the situation is far from what is envisaged in Article 13 of the ADA. Both problems are related to the absence of specialized courts and chambers with judges trained in trade remedy laws. In contrast, the United States and India - the only two countries that have specialized courts - have effective judicial review systems. For the ten year period covered by this study, the ten countries investigated can be divided into two groups as regards the recourse to judicial review of anti-dumping determinations. One group comprises the European Union, India, Mexico and the United States where judicial review of anti-dumping determinations has been frequent. The second group comprises the remaining countries namely Australia, Brazil, Canada, China, Indonesia and South Africa where judicial reviews have been more limited. In fact the judicial review systems for trade remedy determinations in countries such as China and Indonesia are in the early stages of development.
The Scope of the TBT Agreement in Light of Recent WTO Case Law
Authors: Silveira Luciana Dutra De Oliveira , Obersteiner Thomas
Published: March 2022

Until very recently, little guidance existed as to the application of the Agreement on Technical Barriers of Trade (TBT Agreement). Through the reports in three disputes in 2012, US - Clove Cigarettes, US - Tuna II and US - COOL, the Appellate Body (AB) provided important and controversial insights regarding the interpretation of the TBT Agreement. Among other matters, the AB shed light on the precise scope of this Agreement. The authors argue that recent WTO case law broadened the scope of the TBT Agreement by establishing the limits of technical regulations, providing further enlightenment to the understanding of standards and leaving room for the inclusion of process and production methods (PPMs) under the purview of the TBT Agreement.
Addressing Increased Imports: Policy Options in Brazil
Authors: Alcaraz Fernando Coppe
Published: March 2022

In the last ten years, the Brazilian economy has experienced significant increased imports followed by the displacement of national production in certain manufacturing sectors. Because many of these sectors are labour-intensive and/or considered important in social as well as in strategic and economic terms, the Brazilian government faces the challenge of deciding how to deal with the issue using the available trade policy tools. This article will first provide a brief analysis of the evolution of the imports and their share in the domestic market in selected industrial sectors. It will then explore the main trade policy options, with an analysis of their advantages and disadvantages. In closing, this article will present conclusions and trade policy recommendations.
Patients versus Patents: The Indian Supreme Courts Decision in the Novartis Case
Authors: Joseph Sharmila Mary
Published: March 2022

The Indian Supreme Court in a landmark judgment on 1 April 2013 dismissed the plea of Novartis AG for grant of patent for the beta crystalline form of Imatinib mesylate. The Court did not find the product to have satisfied the relevant provisions of patentability laid down in the Indian Patents Act. Patents for pharmaceutical products have always triggered intense debate in India and other developing countries. The Indian Patent laws are fully compliant with the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS Agreement). This article through the lens of the Court verdict analyses whether there was any real enhancement in therapeutic efficacy of the product as claimed by Novartis and whether Novartis resorted to evergreening. The article dwells on the possible implications of the judgment on investments in India; and innovations in research and development in the pharmaceutical sector. The article further observes that the Court has, while upholding the public health agenda of the state, judiciously interpreted the statutory provisions governing the grant of intellectual property rights for pharmaceutical products in India, in the patient versus patent debate.
Effective Compliance with Trade Law and International Business Integrity Requirements in Australia
Authors: Morfesi David , Sandford Iain
Published: March 2022

This article considers the framework of Australian law, policy and institutions that raise compliance issues for enterprises undertaking business into and out of Australia. It provides a brief, practical perspective on the Australian frameworks that regulate: general import and export compliance; compliance with special regimes affecting certain goods, such as defence and strategic items; as well as Australia's strict quarantine requirements for food, biological products and other goods that risk introducing exotic pests and diseases. It also addresses Australia's increasing emphasis on 'business integrity' issues that affect how, where and with whom business is done. The article concludes by suggesting that Australian law requirements should be addressed in the context of the global compliance systems of internationally active businesses.
The Increasing Recognition of Problems with WTO Appellate Body Decision-Making: Will the Message Be Heard?
Authors: Stewart Terence P. , Jorgensen Sandra K. , McDonough Patrick J. , Smith Jennifer M.
Published: March 2022

Many have identified problems in the decision-making of the Appellate Body of the World Trade Organization ("WTO"). These problems primarily arise from Appellate Body interpretations of the terms of WTO agreements that improperly "add to or diminish the rights and obligations" in the agreements. Recently, former high-level international trade negotiators, GATT/WTO personnel, and at least one Appellate Body Member have recognized that these problems exist and threaten the integrity of the WTO dispute settlement system. They have further recognized that these problems are particularly acute where WTO Members are deadlocked from reaching legislative consensus or negotiating new agreements, and may prevent further agreements. This increasing recognition should be a reason for the Appellate Body to adopt a more restrained and less activist role, hence helping to restore balance to the WTO's structure by encouraging Members to address unaddressed issues through negotiations and not through dispute settlement. The real question is not whether the AB should reexamine its approach but will it?
Interpreting Paragraph 15 of Chinas Protocol of Accession
Authors: Miranda Jorge
Published: March 2022

Although some commentators view paragraph 15 of China's World Trade Organization (WTO) Accession Protocol as conferring market economy status automatically by-year end 2016, no such commitment is discernable in the actual text of this provision, as examined based upon well-established rules of interpretation of WTO law. This paper also contends that, besides lacking textual support, a 'sudden death' approach to China's Non-Market Economy (NME) status would eviscerate the case-specific, facts-based approach that is the distinguishing characteristic of paragraph 15 vis-a-vis NME provisions in prior accessions.
Administrative Protective Orders: Protection of Confidential Information in Canadian Trade Remedy Proceedings
Authors: Horwitz Jessica B. , Pearson Darrel H.
Published: March 2022

Trade remedy disputes require parties to adduce evidence that includes commercially sensitive business information and strategies. Canada's trade remedy system seeks to strike a balance between the interests of parties in preventing harmful disclosure of confidential information and the public's need for transparent and expedient administration of justice. This paper provides an overview of the mechanisms and procedures available in Canada for the treatment and disclosure of confidential information in the context of trade remedy disputes and judicial review of those decisions, and includes a discussion of existing challenges and areas of concern in the Canadian context.
Protection of Confidential Information in the Mexican Trade Remedy System
Authors: Vázquez Adrián
Published: March 2022

Ordinarily, a host of information is employed during unfair international trade practices investigations, such as dumping and subsidies. A vast majority of the information submitted by parties to these investigations comes from public sources, but they also offer confidential information. Therefore, interested parties in an investigation of this nature have the right to have their confidential information protected from misuse, as well as a right to timely access the information contained in the administrative record that is necessary for the adequate protection of their interests. This essay shall examine the legal regime applicable to the protection of confidentiality and access to this sort of information in Mexico by interested parties in matters related to unfair international trade practices.
WTO Agreement on Trade Facilitation: Assessing the Level of Ambition and Likely Impacts
Authors: Hamanaka Shintaro
Published: March 2022

At the Ninth Ministerial Conference of the World Trade Organization (WTO) held in Bali on 3-6 December 2013, the ministers agreed upon the WTO Agreement on Trade Facilitation (ATF). This paper assesses the level of ambition of the ATF from two angles. First, the use of softening language in each provision is examined. Second, the final agreement is compared against the draft text prepared before the Bali conference. Then, the paper considers the likely legal, economic, capacity building, and reform-inducing impacts of the ATF.
Interview Questions for David J. Brummond, Former Senior Sanctions Advisor  OFAC
Authors: Appel Michael
Published: March 2022

David J. Brummond retired from the Department of the Treasury on July 31, 2014, after serving eight years as Office of Foreign Assets Control (OFAC's) Senior Sanctions Advisor - Insurance. This interview offers insights and perspective on his experience in advising OFAC on insurancerelated issues. The positions represented in this interview are solely those of the author and do not purport to reflect the official policy or views of the Department of the Treasury or the U.S. Government.
Embargo as a Trade Defense against an Embargo: The WTO Compatibility of the Russian Ban on Imports from the EU
Authors: Pickett Eric
Published: March 2022

This article addresses the issue of the compatibility of the recent Russian ban on imports of certain agricultural products from the EU with WTO law. This ban was introduced as a reaction to the embargo of the EU following the Russian support to Ukrainian separatists. It will be argued that the EU can establish a prima facie case that the Russian ban is inconsistent with the provisions of four instruments: the Agreement on Agriculture, the GATT, Russia's Protocol of Accession, and the WTO Dispute Settlement Understanding. The paper then turns to the question of whether Russia can justify its measures. The main focus is on GATT Article XXI:(b)(iii), also known as the security exception. The security exception is one of the most controversial in clauses in WTO law, starting with the issue of whether it is justiciable at all. After examining the history of the clause, the institutional changes wrought by the establishment of the WTO and its dispute settlement system and the practice of the GATT Contracting Parties and WTO Members, it will be argued that it is within the scope of a panel's competence to examine a defense mounted on the basis of this provision. It will be argued that the terms of the clause can and must be interpreted and applied in such a manner as to respect a WTO Member's right to determine autonomously its security interests and protect these security interests in a manner it considers appropriate while still being subject to justiciable limitations. When the insights gained from the preceding section are applied to the Russian ban it appears unlikely that a defense based on the security clause will succeed. The final section then briefly outlines the legal options open to EU enterprises affected by the ban.
A Future for Multilateralism?: New Regionalism, Counter-Multilateralism and Perspectives for the World Trade System after the Bali Ministerial Conference
Authors: Altemöller Frank
Published: March 2022

Participation in the World Trading System is generally considered to bring substantial benefits. However, the developments of the Doha Round show, that the multilateral trade negotiations are progressing at an unprecedentedly slow pace accompanied by constant setbacks. This resistance towards stronger multilateral economic integration may at first appear not very plausible.

This article sets out to look for the causes of these difficulties. From that base, it describes the ways that WTO Member States are seeking different strategies for economic integration on the bilateral, regional and inter-regional levels. The perspectives for the future of the World Trading System and multilateralism are discussed.
Gray Becomes Black and White: Exploring Options for U.S. Businesses in Wake of the Kirtsaeng Decision
Authors: Ortega Diego , Kaniecki Chase
Published: March 2022

In Kirtsaeng v. John Wiley & Sons, Inc., 133 S. Ct. 1351 (2013), the Supreme Court held that gray market goods are protected by the first sale doctrine of the Copyright Act of 1976 ("Copyright Act"). U.S. manufacturers are typically at a severe disadvantage when competing with gray marketers who offer essentially the same or comparable goods at lower prices. Accordingly, businesses should explore new avenues to limit the economic power of gray market goods by using: (1) licenses for copyrighted works; (2) contract provisions restricting distribution; (3) remedies under trademark law, such as Lever rule protection under section 42 of the Lanham Act or by curtailing the importation of certain foreign-manufactured merchandise through section 526 of the Tariff Act; and (4) consumer protection laws in applicable states such as California, Connecticut, and New York.
The ITA II: Successful Trade Liberalization
Authors: Marx Aaron
Published: March 2022

The Information Technology Agreement (ITA) is an international agreement aimed at increasing worldwide trade of information technology products by removing barriers to trade. Specifically, the ITA is a tariff cutting mechanism implemented by the World Trade Organization. Each country that participates in the ITA agrees to reduce the duties on certain products to zero. After years of negotiations, the Committee of Participants on the Expansion of Trade in Information Technology Products has proposed an updated list of products to be given duty-free treatment. This article examines the updated product list from the perspective of implementation at the Customs level, and offers insight into how to receive the benefits of reduced duty treatment.
Normal Value in Anti-Dumping Proceedings against China Post-2016: Are Some Animals Less Equal Than Others?
Authors: Sud Juhi Dion
Published: March 2022

This article attempts to show that from 12 December 2016, WTO Members can no longer use the analogue country or similar methodologies as the basis for normal value calculations in anti-dumping proceedings targeting China and should rather use Chinese domestic prices or costs. However, contrary to what some would like decision-makers to believe, this does not mean that the EU or other WTO Members will have no defence against genuine Chinese dumping practices. Other provisions in either the ADA or the SCM Agreement offer sufficient guarantees against that. Furthermore, our assessment of the manner in which the Commission has conducted MES reviews casts doubt on the quality of the evidentiary base used, on the apparent willingness to give some trading partners the benefit of the doubt but not to others, and on the utility of the review process as a lever to encourage reforms in transition economies, such as China.
WTO and Rule of Law in China: A View Based on Personal Experience
Authors: Guohua Yang
Published: March 2022

To celebrate the 15th anniversary of China’s WTO accession, this article reveals – through the lens of the author’s experience in government – a continuous thread of the rule of law, from WTO compliance assessments, dispute settlement, and research and education, thereby illustrating the significant impact that the WTO has had on China. To project the future direction and impact, this article concludes by introducing ongoing WTO training in China.
Circumvention of Anti-Dumping Measures: Law and Practice of India
Authors: Sud Juhi Dion
Published: March 2022

This article presents an overview of the substantive and procedural aspects of the anti-circumvention rules introduced in the Indian anti-dumping law in 2011. Invoked for the first time this year since their introduction, the Indian anti-circumvention provisions while covering the traditional forms of circumvention, in the author’s view, are multi-interpretable and give the investigating authority significant discretion in their application. While the WTO-compatibility of anti-circumvention rules in general remains questionable, seen against the law and practice of other WTO members such as the European Union, the Indian anti-circumvention rules need further clarity and precision, and can be reasonably expected to be influenced by the approach of more experienced users.