bluuebunny/crossref_metadata_2025 huggingface dataset:
Cross-Border Data Flows: An Evolving Multi-Layered Regulatory Approach Required!
Authors: Walters Robert
Published: May 2022

This article will discuss the increasing importance of the multi-layered approach that personal data is taking in transnational cross-border data flows. It examines the role personal data plays in the evolving digital economy. The article will address a further accentuating question as to how far, if at all, the cross-border data flows are being considered in the area of national security. Throughout the outbreak of coronavirus, technology has been used by nation states to trace and collect health data of its citizens, in the interest of the broader national interest/security of individual states. Some states in developing the technology to track and trace their citizens went one step further and established bilateral agreements to share some of the data, such as Australia and Singapore. What emerged, was the evolving complex layers regulating while enabling data flows. The dichotomy facing governments and regulators is to allow for the free flow of personal data, while ensuring data subjects do not relinquish their privacy. To achieve this, I propose a Theory Of Action (TOA). Such an approach is widely accepted in other industry sectors where governments regulated a minimum standard, such as primary, human health and food production.

Cross-Border Data Flows, Data Transfers, Digital Economy, National Security, Trade in Data
Australia-China Dispute Over Barley Trade at the WTO: Challenges Ahead and Possible Outcomes for Australia
Authors: Islam M. Rafiqul , Zaman Khorsed
Published: May 2022

In mid-December 2020, Australia sought WTO intervention in its dispute over Chinese anti-dumping duties on its barley export. Upon a critical analysis of the relevant applicable provisions of the WTO Dispute Settlement Understanding (DSU), the potential challenges ahead and likely outcome for Australia, this article argues that the dispute is unlikely to be resolved expeditiously and in favour of Australia due to several caveats and contradictions in the DSU, which seemingly favour China more than Australia. Even if Australia prevails and the outcome of its lamb meat dispute with the US is any guide, the prospect of a procrastinated implementation of the outcome may not be gainsaid. Australia will be the ultimate loser at least in the substantial part, if not the full five-year tenure, of the imposed anti-dumping restriction on its barley imports in China. The article concludes that resort to the WTO by Australia appears to be as difficult as its diplomatic pursuit to resolve this barley trade impasse. Nonetheless, a bilaterally negotiated settlement may be a more palatable option for Australia than any legalistic intervention by the WTO. Highlighting the cracks of the DSU, the article reinforces the urgency of long overdue reforms of the DSU.

Australia-China Barley Dispute, Anti-dumping, WTO Dispute Settlement, DSU Reform
Transfer Pricing and Business Restructuring in the Manufacturing Industry: A Study of Korean and Indonesian MNEs
Authors: Rosdina Haula , Tambunan Maria R.U.D.
Published: May 2022

This research considers business restructuring and transfer pricing behaviour of Korean principal multinational manufacturers and Indonesian subsidiary manufacturers by applying the polycorporate network of Gunther Teubner’s view of hybrid relational contracts. Under this view, the agent acts in its own interest, but at the same time it attaches and performs its business on its duty and loyalty to its principal. Korean multinational firms create a transaction price with their subsidiaries that in most cases is based on non-market prices. On the other hand, Indonesian subsidiaries act less independently in most of their business activities, and the decisions taken are highly depend on their principal. Regarding the transfer pricing issue, it shows that the common disputes of both types of manufacturer are quite similar; payments for the use of intangible property and the technical aspects of assessing the arm’s length nature of the price, such as the use of comparables, the most appropriate method to assess comparability and the proof of economic benefit arising from the transaction performed. The differences between the two types of business entities concern the ability to bear the business risk in light of their manufacturing characteristics.

transfer pricing, business restructuring, polycorporate network, international tax, supply chain
The WTO’s Collapsing Judicial and Legislative Wings: Is ‘Consensus’ the Real Elephant in the Room?
Authors: Bahri Amrita , Boklan Daria
Published: May 2022

The World Trade Organization (WTO) has three main functions: (i) it provides a negotiation forum where Members can negotiate new agreements and understandings, (ii) it provides a judicial forum where trade disputes between countries can be settled, and (iii) it acts as an executive forum for the administration and application of the WTO agreements, including capacity-building and training in this respect. Currently, it is only performing its executive function, as the other two functions remain stalled. The authors in this article analyse two challenges that have contributed to paralysing the WTO’s legislative and judicial functions. With this assessment, the authors suggest that the ‘real elephant in the room’, i.e., the root-cause behind these challenges, is the avoidable ‘consensus-based decision-making’.

World Trade Organization, National Security Exception, Appellate Body, Consensus, Decision-Making
Promoting Circularity in Transition Economies: The Role of Trade and Economic Cooperation
Authors: Tuerk Elisabeth , Sporysheva Nadezhda
Published: May 2022

In a global economy, interconnected through international and regional value chains, there are strong links between international trade and circular economy. During the post COVID-19 recovery phase, it is particularly important to make circular economy and trade policies mutually supportive. This paper provides novel evidence on how trade and economic integration has a potential to contribute to shifting to the circular economy in the transition economies of the Eurasian region. While being significantly dependent on finite resources, this region has a big potential of transitioning to more sustainable approaches. The region has strong regional links and is actively involved in liberalizing trade at the multilateral level through acceding to the World Trade Organization (WTO), which entails undergoing significant reforms, and thus constitutes an opportunity for shifting to circular economy principles.

Circular economy, trade, UNECE, WTO, Eurasian region, transition economies, UN SDGs, post COVID-19 recovery, sustainability
Meeting the Challenges of Customs Compliance in a Post TFTEA and Reinvigorated Trade Enforcement Environment: Go Beyond by Returning to Basics
Authors: Bell Sandra L. , Anene Amadi
Published: May 2022

In the international trade environment, basic import issues have always presented challenges for customs compliance because each import issue represents a distinct custom law discipline. For importers into the US, compounding the pre-existing challenges are the enhanced enforcement tools enacted in 2016 under the Trade Facilitation and Trade Enforcement Act of 2015 (TFTEA), which is now being fully implemented by US Customs and Border Protection. Through self-assessment questions, this article examines how companies may use trade compliance risk assessment to confront these increased customs compliance challenges in a reinvigorated US trade enforcement paradigm.

Transaction value, Tariffs, Penalty, EAPA, Country of origin, WRO, Prior Disclosure, Trade compliance, Importer, Risk assessment
The COVID-19 Pandemics’ Impact on Customs Valuation and Import Duties: An Israel Perspective, and a Wider Comparison
Authors: Wagner Omer
Published: May 2022

In the past year, due to the Coronavirus disease 2019 (COVID-19), sea freight prices and domestic transportation costs have risen sharply, an increase that has not been seen for many years. This leads to a change in customs valuation. In most countries worldwide, collection of duties is based on the cost, insurance and freight (CIF) value of goods, there, any increase in transportation costs, lead to additional collection of import duties. The United States, Canada, Australia, New Zealand and South Africa, however, impose duties on the free on board (FOB) value of goods, meaning, therefore, transport costs changes do not lead to additional import duties in those countries. COVID-19 effects on transportation costs are a global issue and may last for a long time. Therefore, governments that impose customs on the CIF value, should consider waiving the COVID-19 extra shipping costs, for customs valuation purposes, until we are back to a ‘normal’ period.

customs, valuation, transport, Incoterms, CIF, FOB, covid19, Israel
‘Shaken Not Stirred’: WTO as a Ground for Plurilateral Initiatives
Authors: Biryukova Olga
Published: May 2022

The negotiation work of the WTO is in the grip of the requirement that decision-making take place by consensus among all 164 members. At the same time, the shift in the political economy of trade negotiations towards plurilateralism is becoming increasingly evident. This begs the question of the perspectives of joint statement initiatives (JSI) on services domestic regulation, investment facilitation and e-commerce. This article discusses how to give legal effect to the negotiation outcomes in the WTO, with a particular focus on plurilateral initiatives. The need for additional ‘flexibilities’ that expand the ways to include plurilateral outcomes in WTO law is now more urgent than ever. At the same time, if plurilateralism is to be effective and sustainable, it must be linked to multilateral principles and norms.

WTO, plurilateral outcomes, joint statement initiatives, trade rules, consensus
Dual Use Items: A Whole New Export Regulation in the European Union
Authors: Fruscione Alessandro
Published: May 2022

On 9 September 2021, Regulation (EU) no. 821/2021, of the European Parliament and of the Council, of 20 May 2021, relating to the control of exports, brokering, technical assistance, transit and transfer of dual-use items, i.e., all those products, including software and technologies, which can be used for both civil and military purposes, came into effect. The new Regulation has as its main objective (see in particular ‘Whereas (5)’ in the preamble to the Regulation) that of making the common system for the control of exports of dual-use items even more effective, to ensure compliance with the commitments and responsibilities of the Member States and of the Union, particularly in the fields of non-proliferation, regional peace, security and stability and respect for human rights and international humanitarian law. For these purposes, the definitions of ‘dual-use products’ and ‘exporter’ have been expanded and, moreover, a specific Article (8) is dedicated to the issue of technical assistance, which in the previous Regulation (428/2009) was covered exclusively in certain explanatory notes in the Annexes. The changes in this Regulation also concern the authorizations for the export from the European Union of ‘dual-use’ goods: a whole new ‘large project authorization’ (Article 2 (14) of the Regulation) has been created, which consists of an individual export authorization or a global export authorization granted to one specific exporter for a type or category of dual-use items, which may be valid for exports to one or more specific end-users in one or more specified third countries for the purpose of a specified large-scale project. This permission can relate to intra-group technology transfers and cryptography. Also with regard to the procedures for the export of dual-use items, the European Union decided to make use of the ‘Internal Compliance Programmes’, already present in other legislative sectors of the Union.

Dual use export controls, authorizations, civil, military, technologies, compliance, exportation, controls, Regulation
The EU-UK Investment Regime After Brexit: In Search of an Equilibrium?
Authors: A. Barr Noah
Published: May 2022

On 30 December 2020, after eight months of negotiations, the European Union (EU) and the United Kingdom (UK) signed the EU-UK Trade and Cooperation Agreement (TCA). The TCA governs their relationship after Brexit and was provisionally applied from 1 January 2021 until its entry into force on 1 May 2021. It provides for inter alia free trade in goods, limited mutual market access in services, and investment protection. Given the ‘radical shift’ in investment protection at EU level, which materialized in its most recent free trade agreements, foreign investors may have expected clarity as to what type of investment protection would apply post Brexit. This article analyses the investment provisions of the TCA and argues that the UK has embraced the EU ‘new-generation’ approach to international investment protection, by preserving the right to regulate and redefining investment standards and dispute settlement mechanisms. Nevertheless, the TCA remains silent regarding bilateral investment treaties (BITs) between the UK and Member States (former intra-EU BITs), which contain old-generation investment provisions. While some have argued that these BITs may provide the UK with a distinct advantage to structure investments in the EU, their validity remains uncertain, which may potentially generate friction in the EU-UK relations.

Brexit, international investment arbitration, WTO dispute settlement system, state-to-state disputes
Improving Trade Competitiveness Through a Risk-based Approach: Post-clearance Audits in Bangladesh Customs
Authors: Alam Shawkat , Uddin Ahammad Saif
Published: May 2022

To create new development opportunities in the Global South, developing countries must enable greater trade facilitation with the global economy. Customs officials, who are at the front line and act as gatekeepers for market access, must often balance competing priorities between ensuring regulatory compliance and efficient processing of a high volume of consignments and goods. Currently, customs processes in developing countries often act as bottlenecks in the global supply chain which create undue costs for exporters and traders, yet these countries must also tackle the growing problem of illegal or unlawful trade. Post-clearance audits (PCAs) provide an effective risk management technique that can be used in conjunction with automated risk-based selectivity. This approach provides a holistic, risk management approach to customs processing. PCAs can also assist customs to promote an expedited release of goods without compromising the control of high-risk consignments. This article examines the weakness and the challenges of implementing PCAs within the domestic regulatory framework of Bangladesh. To achieve this objective, this article has obtained primary evidence from key stakeholders including Bangladesh Customs to develop insight and analysis into implementing PCA into the Bangladeshi regulatory framework. As this article will explore, these challenges include implementing an automated risk-based selectivity approach, online connectivity among relevant agencies, customs-to-customs cooperation, customs-to-business cooperation and developing greater technical capacity through skilling-up the workforce.

Post-clearance Audit, Risk Management, Customs Control, Trade Facilitation, Bangladesh Customs
Is Soft Law Making Hard Law Too Hard?
Authors: Lasinski-Sulecki Krzysztof
Published: May 2022

Soft laws are created for many reasons to serve various purposes. This article focuses on acts of soft law that are adopted to facilitate the process of applying hard law (or complying with it) and to standardize the understanding of international agreements. In the field of customs law, one can point, for instance, to opinions adopted by the World Customs Organisation. The Organisation for Economic Co-operation and Development (the OECD) Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations and the Commentary to the OECD Model Tax Convention on Income and on Capital are globally recognized examples of the tax arena. The side effects of the application of acts of soft law in the fields of tax law and customs law are presented and analysed. Interpretative problems are observed at the international level, whereas clear-cut side effects often occur domestically.

customs classification – World Customs Organisation (WCO) – double taxation conventions – Organisation for Economic Co-operation and Development (the OECD) – Model OECD – OECD Transfer Pricing Guidelines – OECD Commentary – interpretation
Basics and Practical Overview of VAT Management in the EU: Spotlight on the French Practice a Few Months After the Adoption of the Reverse Charge of VAT on Imports
Authors: Bellescize Gaspard de
Published: May 2022

Value-Added Tax (hereinafter VAT) is due on importation together with customs duties and other import taxes, including assigned taxes. In France, since 1 January 2022, Customs is no longer in charge of the management and collection of import VAT, which has been transferred to the Treasury Department of the French state. VAT is recoverable under the principle of «tax neutrality». The generalization of the import VAT reverse charge in France (Law n°2019-1479 of 28 December 2019 – Article 181) since 2022 appears to be a welcomed simplification. The import VAT reverse charge is one of the four main arrangements for the management of import VAT settled in the VAT Directive (Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax). French Customs considers that certain French taxes no longer follow the VAT regime. However, this rupture point does not come without legal difficulties.

VAT, customs, import VAT reverse charge
The Lost Precedents of Arbitration
Authors: Ford Cameron
Published: May 2022

Concerns have been expressed that commercial common law is not developing as it should due to disputes being resolved by confidential international commercial arbitration where the majority of awards are not published, and the resultant lack of precedents. This has contributed to questions of the legitimacy of international commercial arbitration and whether the rule of law is being undermined by the non-publication of awards or by the diversion of disputes to arbitration rather than litigation. This article examines the meaning of precedents in this context and the approximate number being ‘lost’ to international commercial arbitration compared to those made in authoritative common law superior courts of record. It suggests that the number of awards of precedential value (APV) is small compared to the volume of commercial judgments of those courts, and that the perceived loss of precedents does not support either publication of awards nor determination of disputes by courts rather than by tribunals. Precedent might instead be enhanced by a wider right of appeal from awards and by publication of the appeal decisions.

precedent, precedential value, award publication, arbitration appeals, law development, settlement pressures, litigation vs arbitration, court reporting, Lindley principles, rule of law
Arbitration in Derivatives Contracts
Authors: Leonard Patrick , O’Donnell Hayley
Published: May 2022

In recent years, the International Swaps and Derivatives Association (ISDA) has increasingly facilitated the use of arbitration as a means of resolving disputes arising out of derivatives transactions. Although the financial services industry is said to have traditionally preferred court-based dispute resolution, a number of factors suggest that market participants ought to consider the particular advantages of arbitration for such disputes. In particular, factors such as the ability of arbitration to mitigate enforcement risks in the absence of the mutual recognition of judgments and to deal with competing regulatory standards both in European and international derivatives suggest that arbitration should play an important role in the resolution of such disputes.

This article reviews the history of arbitration in derivatives disputes and considers the recent moves by ISDA to facilitate the use of arbitration as a means of dispute resolution. It also considers the various options now available in this regard to market participants who seek to use ISDA standard form documentation, and the factors affecting the use of arbitration as a dispute resolution mechanism. It concludes that more research and data is required to monitor the use of arbitration in this area.

Arbitration – arbitral rules and institutions – ISDA – Derivatives – financial services – arbitral award, recognition and enforcement – enforcement – choice of law
On Route to Climate Justice: The Greta Effect on International Commercial Arbitration
Authors: Bizikova Lucia
Published: May 2022

Climate change is the greatest global challenge that humankind has ever faced. It has changed the way in which communities, governments and businesses interact with each other, how they contract one with another and what legal disputes they face. National and international legal frameworks currently in place rarely provide the necessary mechanisms to resolve new kinds of disputes that have emerged and as a result, important gaps remain.

International commercial arbitration is uniquely placed to respond to the transboundary nature of climate change. Its inherent flexibility, innovativeness, ability to deal with complex, cross-border issues and the possibility to choose a neutral adjudicator according to his/her expertise give commercial arbitration an important advantage over court litigation. However, some of its characteristics that are seen as welcome and desired in different contexts create important challenges for achieving climate justice. Therefore, innovation in this area will be necessary if commercial arbitration is to become an attractive option for resolving climate change-related disputes between businesses. The arbitration community should try to find constructive ways in which commercial arbitration can innovate itself so that it can complement other methods of dispute resolution traditionally used for climate change disputes.

climate change, climate justice, ESG, international commercial arbitration, private finance, Paris Agreement, arbitration clause, expertise, transparency, Campaign for Greener Arbitrations, Chancery Lane Project, COP 26
De-biasing Counsel: A Call for Agile Minds in Arbitration
Authors: Stocker Alice
Published: May 2022

Unconscious biases have been a hot topic for decades and have found their way into arbitration. While the decision-making process of arbitrators has been the focus of attention, there is hardly any legal literature that deals with potential biases of counsel. Psychological studies have identified a general overconfidence bias in counsel that can have a negative impact on case assessments. As a solution to this issue, a recent study of 2018 showed how to use de-biasing techniques and how this improved case assessments: analysing almost 500 law students in the United States, the study demonstrated how overconfidence and self-serving judgments of fairness could tamper with the ability to assess the value of a case when the students were required to represent a client’s interests. This effect is called ‘partisan bias’. The study displayed its effect on specific case valuation methods and demonstrated how it could be partly eliminated by a de-biasing technique called ‘consider the opposite’. Further, the study showed that individuals with a high score of a need for cognitive closure, i.e., a motivational tendency to prefer clear answers over ambiguity, were more inclined to be susceptible to partisan bias, however were equally likely to be receptive to de-biasing.

International arbitration, Partisan Bias, Overconfidence, De-biasing, Decision-making, Case assessment, Settlements, Negotiation, Need for cognitive closure, Consider the opposite
The New Arbitration Law in Tanzania: An Appraisal of Its Salient Features and Implications for Investment Disputes Settlement
Authors: J. Mwakaje Saudin , S. Mkumbukwa Nuhu
Published: May 2022

Preference for arbitration as an option for dispute settlement is steadily on the rise, partly because of its perceived efficacious proceedings and enforceability. In 2020, Tanzania enacted a new legislation on arbitration with a detailed and defined framework, cascading through the entire qualifying process of arbitrators, initiating the arbitration proceedings, enforcement and recognition of foreign arbitral awards. This article analyses the corpus of the new legislation, its pertinent structural features, the gaps, and future prospects. The analysis is predicated on the ramifications of the new arbitration law for investment dispute settlements, particularly, state versus investors disputes, as envisaged under the national investment legislation. It concludes by highlighting several aspects which need to be revisited, such as the independence of arbitrators, duty to refer disputes to arbitration, and determination of arbitration costs. Further, a case is made for amendment of the existing national investment legislation in respect of dispute settlement provisions in order to create a harmonious arbitration regime in Tanzania.

Tanzania arbitration law, implications to investment disputes, enforcement of foreign arbitral awards
Noises Off: Towards Greater Consistency in International Arbitration Awards
Authors: Greenwood Lucy , Charlotin Damien , Díaz-Córdova Leonor
Published: May 2022

‘Noise’ is the unjustified and unwanted variance in a set of judgments over comparable issues. Together with bias, Noise is a driver of error in decision-making. As argued by the authors of the bestseller ‘Noise: A Flaw in Human Judgment’, every set of judgments or decisions (in legal proceedings or otherwise) evidence statistical ‘Noise’, and more of it than is commonly believed. Such variance has corrosive, if often concealed, consequences in terms of fairness, efficiency and legitimacy. In this article we demonstrate that there is likely to be substantial Noise in international arbitration proceedings, which is driven by features inherent to the arbitral process (though further features also help mitigate it). We present our Noise Audit and identify examples of Noise in publicly-available awards. We conclude with a number of recommendations to minimize Noise, in order to forge a pathway towards greater consistency in international arbitration.

International Arbitration, Consistency, Noise, Variance, Psychology, Dispute- Resolution, Empirical, Interest Rates, Country Risk
The Arbitrability of Corporate Disputes After Fulham Football Club V. Richards: A Decade On
Authors: Kasolowsky Boris , Mathews Roopa
Published: May 2022

In Fulham Football Club (1987) Ltd v. Richards and The Football Association Premier League Ltd, the Court of Appeal of England and Wales settled a controversial matter, finding that unfair prejudice petitions under section 994 of the English Arbitration Act 1996 could be referred to arbitration. At the time the judgment was handed down, it was met with some scepticism with commentators arguing that it would lead to inconsistency and confusion in the arbitrability of disputes and the remedies that can be awarded in arbitration. In the years that followed, the Court of Appeal’s judgment has been relied on in the development of the arbitrability of corporate disputes in England and Wales and several other common law jurisdictions. On the occasion of the ten-year anniversary of the Fulham decision, this article explores whether the confusion and inconsistency that commentators predicted have, in fact, materialized.

Arbitrability, Arbitration Act 1996, Corporate disputes, Fulham Football Club v. Richards, Remedies, Section 994, Unfair prejudice
A Case Note on the UK Supreme Court’s Recent Decision in General Dynamics v. Libya: Hard Cases (Don’t Always) Make Bad Law
Authors: Howe Michael
Published: May 2022

In General Dynamics v. Libya, the UK Supreme Court was asked to decide whether the only means for serving on a sovereign state an order enforcing an international arbitral award under the New York Convention was via diplomatic channels. The Supreme Court decided, by a bare majority, that service via diplomatic channels was mandatory. This case note reviews and analyses the Supreme Court’s decision.

State Immunity, Service, Proceedings, Sovereign State, Enforcement Order, Hard Cases, UK Supreme Court
To Waive or not to Waive: International Patent Protection and the Covid-19 Pandemic
Authors: Thomas Monica
Published: May 2022

In 2020, South Africa and India submitted a landmark proposal to the World Trade Organization (WTO) to allow all countries the legal right under international trade rules to choose not to grant or enforce patents and other intellectual property (IP) related to COVID-19 drugs, vaccines, diagnostics and other technologies and materials for the duration of the pandemic. Since then, the proposal for an IP waiver has gained support from 100 WTO members. However, a small number have continued to oppose implementing an IP waiver, maintaining that the current flexibilities under the Agreement on Trade-Related Intellectual Property Rights (TRIPS) provide a sufficient remedy. The TRIPS flexibility most recommended by waiver opponents is the Compulsory Licensing mechanism which allows government the authority to grant permission to itself or domestic producers to make a patented product without the patent owners’ consent. This article conducts a comparative analysis of the potential IP waiver and the compulsory licensing mechanism’s functioning in relation to facilitating increased production of Covid-19 vaccines by generic pharmaceutical manufacturers.

Covid-19 vaccine access, international intellectual property regime, TRIPS agreement, access to medicine, intellectual property waiver, compulsory licensing
International Abuses, EU Solutions: Using EU Structures to Address the Challenges of International Antitrust
Authors: Blaschke-Broad Morgan
Published: May 2022

Modern markets are increasingly international, online and unrestricted by geographic borders and territoriality. Competition regulation remains decidedly domestic in nature, restrained by principles of jurisdiction and state sovereignty in a way that multinational business is not. With the rise of online markets and transnational trade, legislators and regulators are increasingly expected to grapple with abuses of dominance which span multiple jurisdictions. However, traditional approaches to state sovereignty and prescriptive jurisdiction present fundamental challenges to the effective implementation of competition policy in these modern markets. In particular, abuses of dominance by international or online firms have the potential to profoundly impact national economies. Yet unlike other competition ills, such as cartels, abuse of dominance is not the subject of widespread international regulatory cooperation or legislative uniformity. Against this background, substantive convergence emerges as a potential solution to jurisdictional clash but, as this article explores, it faces legal, sociopolitical, and practical obstacles that make its success not only unlikely, but not necessarily desirable. While recognising the unique political context of the EU legal system, in particular the role of market integration and its place at the core of policy decisions, this article explores what practical guidance may be found in the EU competition law framework. It explores EU horizontal, administrative measures which could be repurposed in order to bring further predictability and clarity to international jurisdictional issues. It concludes by proposing that EU approaches to case allocation, horizontal best practice standards and peer review may be meaningfully adapted by the international competition law community, in order to alleviate jurisdictional issues in competition regulation.

jurisdiction, antitrust, EU, regulation, international, competition, convergence, cooperation, multinational markets, EU, abuse of dominance
The Roadmap to the ASEAN-EU FTA in the Post-Pandemic Era
Authors: Hsieh Pasha L.
Published: May 2022

Relations between the Association of Southeast Asian Nations (ASEAN) and the European Union (EU) have enriched the multifaceted concept of interregionalism from legal and international relations perspectives. The article argues that the transformative ASEAN-EU frameworks have shaped the Third Interregionalism. Brussels’ building-block approach envisions pathfinder agreements with individual ASEAN states as the basis for the ASEAN-EU FTA, which will help realize the EU’s Indo-Pacific strategy and the ASEAN-EU Strategic Partnership. The designs of the EU’s trade and investment agreements with Singapore and Vietnam are therefore critical. The article assesses core areas such as tariff liberalization and ASEAN cumulative rules of origin, as well as commitments of trade in services and non-tariff barriers in key industries. Contributors to the special issue further analyse cutting-edge issues involving electronic commerce and sustainable development. These on-the-ground insights contribute to a new understanding of ASEAN-EU legal frameworks and evolving interregionalism in the post-pandemic era.

ASEAN-EU FTA – CPTPP – Indo-Pacific strategy – Investment Protection – Singapore – RCEP – Sustainable Development – Third Interregionalism – Vietnam
TÜRK VE İSVİÇRE ANONİM ŞİRKETLER HUKUKUNDA ORGAN KAVRAMI
Authors: PALTA Nihan
Published: May 2022

Türk Ticaret Kanunu m. 125 uyarınca tüzel kişilik tanınmış olan anonim şirketler, organlarının hukuken oluşmasıyla fiil ehliyetlerini kazanmakta ve Türk Medeni Kanunu m. 50/1 (İsviçre Medeni Kanunu m. 55/1) uyarınca iradelerini organları aracılığıyla açıklamaktadır. Tüzel kişinin bir parçası olan organın tüzel kişiyi temsil etmesi, borçlar hukuku anlamında bir temsil ilişkisine değil, kaynağını kanundan alan bir ilişkiye ve organ sıfatına bağlı bir yetkiye dayanmaktadır. TMK m. 50/2 (İMK m. 55/2) uyarınca organların tüzel kişiyi temsilen gerçekleştirdiği hukuki işlemler ile görevleri esnasında işledikleri hukuka aykırı fiillerinin tüzel kişiyi bağlaması nedeniyle organ kavramının kapsamının netleştirilmesi, anonim ortaklıklarda sorumluluk hukuku açısından önem arz eden bir husustur. Organ kavramının Türk ve İsviçre öğretisinde geniş olarak yorumlanması neticesinde kavramın kapsamına salt kanun, esas sözleşme veya iç yönerge gibi şirket içi düzenlemelerle teşkil eden şekli organlar (organe formel) değil böylesi bir düzenleme ile yetkilendirilmiş olmamasına rağmen fiilen organ görevi icra eden kişi(ler) de dahil edilmektedir. Bir diğer deyişle şeklen yetkilendirilmemiş olmasına rağmen yönetim ve temsil ile görevli organlara özgü işlevleri bağımsız olarak ve kendi sorumluluğu altında kullanarak şirketin iradesinin oluşumuna katılan kimseler fiili organ (organe de fait) olarak nitelendirilmektedir. Bunun yanında İsviçre öğretisinde ve İsviçre Federal Mahkemesi içtihatlarında harici şartlar esas alınarak görünüşe güven ilkesi uyarınca organ sıfatının kazanılabileceği ileri sürülmüş olup, bu kavram, dış görünüşte organ izlenimi veren organ (Organstellung durch/İnfolge Kundgabe veya organe apparent) olarak adlandırılmıştır. İsviçre doktrininde dış görünüşte organ izlenimi veren organ, kavramsal anlamda yaygın olarak kabul edilmekle birlikte işlem ve fiillerinin tüzel kişiye izafe edilmesi hususu halen tartışmalıdır.
The Philosophicum-Model Project of Philosophy of Medicine in Medical Education and Practice in Germany Perspective Article
Authors:   Department of Medicine: Philosophicum, University Hospital Wuerzburg, Wuerzburg, Germany, Daub Jonas , Christoph Aster Hans , Gauger Hannah , Gallasch Till , Schmidt Michael , Heinrich Koenigshausen Johann , Bohrer Thomas
Published: May 2022

Medical and philosophical thinking belong together, cannot be separated neither in scientific theory nor in practice, and only the symbiosis of both can face the challange to reflect the basic phenomenon of both of these desiciplines: human life itself. No patient expects to be treated exclusively on the basis of the latest scientific results, but also wants to be perceived by his doctor as an unique individual. It is the doctor’s specific task to embed the scientifically developed diagnoses therapeutically into each individual patient’s biography. Furthermore such a perspecitve increases patient safety and it enables a future of trust in the doctor-patient relationship. The „Philosophicum“ is a model project in Germany that brings together philosophers, physicians and students to do research and education in the broad and enriching intersection of medicine and philosophy. Based on many years of experience, we are convinced that a structured philosophical education can substantially improve medical studies and subsequently doctors‘ work. Medical anthropology and hermeneutics are necessary and also teachable. The preparation should start early in the medical education and should be strengthened by bedside training while interacting with the patient. This requires philosophically interested and trained doctors and students. Exactely for that reason we favor integrating a philosophicum into the medical eduacation and practice.
Chiari Network – Just an Innocent Bystander or Can Have Serious Impact on Clinical Outcomes
Authors:   Department of Medicine, University of Pittsburgh Presbyterian Hospital, Pittsburgh, USA, Asif Anum , Farooq Nauman , Mumtaz Tayebah
Published: May 2022

Chiari network, a remnant of sinus venosus is often incidentally diagnosed on routine echocardiograms. Chiari network occurs due to incomplete resorption of right valve of sinus venosus. It is often noticed as fenestrated membranous structure or reticular network like structure in the valve of inferior vena cava and coronary sinus. The structure was first described by Von Rokitansky in 1875 and gained its name after pathologist Hans Chiari in 1897 when he described the structure in 11 cadavers. There are inconsistencies in the exact prevalence of this structure and has been reported in literature from 2-13.6%. Most of this data is available from cadaveric or autopsied hearts. These structures are usually considered as benign congenital malformations but literature has reported various cases which have resulted in medical complications including endocarditis, thromboembolism or procedural difficulties. These structures can also mimic right atrial pathologies or thrombus creating a diagnostic challenge. It is important that clinicians are aware of these since misdiagnosis can have significant effect on clinical course and outcomes of the patients. The possibility of the presence of these congenital remnants should be kept in mind during clinical decision making. We present two clinical scenarios with incidental diagnosis of Chiari network and its effect on the clinical course of these patients.
Transient Primary Bone Marrow Edema Syndrome - A Synthesis
Authors:   Department of Orthopeadic Surgery, Meir Medical Center, Kfar Saba and Faculty of Medicine, Tel Aviv University, Tel Aviv, Israel, Ohana Nissim , Sheinis Dimitri , Benharroch Daniel
Published: May 2022

A complex and often confusing nomenclature is currently used for relatively rare syndromes characterized by sudden onset of joint pain in the lower limbs, absence of trauma, bone marrow edema and its resolution, both confirmed by the MRI, as well as a self-limiting course. These include transient osteoporosis of the hip (TOH), of the knee (TOK), of the foot and ankle and transient bone marrow edema syndrome. Our purpose was to review the literature in order to substantiate the hypothesis that these apparently different conditions may be synthesized into a single disease entity, termed transient primary bone marrow edema syndrome (TPBMES). Of a total of 546 patients scrutinized, 342 had TOH, 105 had TOH of pregnancy, and 49, mainly females, showed transient foot-and-ankle osteoporosis. TPBMES occurred also with systemic osteoporosis or in a migratory pattern. The six proposed subsets of TPBMES have in common a MRI-based diagnosis and remission, as well as a self-limiting course. Thus, the hypothesis of a single disease entity is sustainable. We conclude that the education of the medical profession regarding this rare disease should expand. The causes of the prolonged symptoms seen in the systemic osteoporosis and migratory subsets warrant further studies. The efficiency of our suggested modality of management should be validated in a large cohort.
Factors Limiting Buprenorphine Prescriptions in Sacramento and El Dorado County
Authors:   College of Medicine, California Northstate University, Elk Grove, USA, Freifeld Alana , Ramakrishnan Neeraj , Puglisi Jose , Moulin Aimee , Elder Joshua
Published: May 2022

Buprenorphine is an effective treatment for opioid use disorder (OUD). Despite the demonstrated efficacy of Medication Assisted Treatment (MAT), few healthcare providers are licensed to prescribe Buprenorphine for OUD. The purpose of this study was to assess the attitudes and prescribing practices of providers licensed to treat patients Buprenorphine in two counties in Northern California. We aim to identify barriers to prescribing Buprenorphine for OUD. This is a descriptive study to understand provider practices, attitudes, and barriers towards Buprenorphine prescribing. Of the 95 x-waivered providers identified in Sacramento and El Dorado County, 36 (38%) responded to our phone survey. 12 (33%) were women, and the three most common specialties were Family Medicine 19 (53%), Addiction Medicine 8 (22%), and Psychiatry 8 (22%). Of the survey participants, 33 (92%) actively prescribe Buprenorphine. Self-motivation was cited as the most common reason to become x-waivered 29 (81%), while the least cited reason was an institutional requirement 3 (8%). The most common motivations for prescribing Buprenorphine included low overdose potential 30 (91%), drug efficacy 28 (85%), and low abuse potential 27 (82%). The greatest barriers to Buprenorphine prescribing included poor reimbursement 15 (46%), time constraints 13 (39%), and patient preference for opiates 11 (33%). Overall, most of the interviewed providers 30 (83%) believed Buprenorphine should be prescribed more frequently to manage addiction or pain. This study found that the majority of x-waivered providers in Sacramento and El Dorado Counties do prescribe Buprenorphine but not at their full capacity.
Inflammation, HIV, and Immune Quiescence: Leveraging on Immunomodulatory Products to Reduce HIV Susceptibility
Authors:   Centre for the AIDS Programme of Research in South Africa (CAPRISA), Nelson Mandela School of Medicine,University of KwaZulu-Natal, Durban, South Africa, Archary Derseree ,   Department of Medical Microbiology, University of KwaZulu-Natal, Durban, South Africa., Ross Cromarty Ross
Published: May 2022

The relationship between inﬂammation and HIV has been a focus of research over the last decade. In HIV-infected individuals, increased HIV-associated immune activation signiﬁcantly correlated to disease progression. While genital inﬂammation (GI) has been shown to signiﬁcantly increase the risk of HIV acquisition and transmission, immune correlates for reduced risk remain limited. In certain HIV-exposed seronegative individuals, an immune quiescent phenotype characterized reduced risk. Immune quiescence is deﬁned by speciﬁc, targeted, highly regulated immune responses that hinder overt inﬂammation or immune activation. Targeted management of inﬂammation, therefore, is a plausible strategy to mitigate HIV risk and slow disease progression. Nonsteroidal anti-inﬂammatory drugs (NSAIDs) such as hydroxychloroquine and aspirin have shown encouraging preliminary results in low-risk women by reducing systemic and genital immune activation. A topical NSAID, containing ibuprofen, is eﬀective in treating vulvovaginal inﬂammation. Additionally, the glucocorticoids (GCs), prednisolone, and dexamethasone are used to treat HIV-associated immune activation. Collectively, these data inform on immune-modulating drugs to reduce HIV risk. However, the prolonged use of these pharmaceutical drugs is associated with adverse eﬀects, both systemically and to a lesser extent topically. Natural products with their reduced side eﬀects coupled with anti-inﬂammatory properties render them viable options. Lactic acid (LA) has immunomodulatory properties. LA regulates the genital microbiome by facilitating the growth of Lactobacillus species, while simultaneously limiting bacterial species that cause microbial dysbiosis and GI.Glycerol monolaurate, besides being anti-inﬂammatory, also inhibited SIV infections in rhesus macaques. The proposed pharmaceutical and natural products could be used in combination with either antiretrovirals for treatment or preexposure prophylaxis for HIV prevention. This review provides a summary on the associations between inﬂammation, HIV risk, and disease progression. Furthermore, we use the knowledge from immune quiescence to exploit the use of pharmaceutical and natural products as strategic interventions to manage inﬂammation, toward mitigating HIV infections.
Nanocomposite Polymer Scaﬀolds Responding under External Stimuli for Drug Delivery and Tissue Engineering Applications
Authors: Hébraud Anne , Schlatter Guy , Goetz Jacky , Harlepp Sébastien , Bégin-Colin Sylvie , Mertz Damien
Published: May 2022

The blossoming development of nanomaterials and polymer science has opened the way toward new biocompatible scaﬀolds responding remotely to external stimuli (magnetic field, light, electric field). Such smart scaﬀolds are envisioned as new implantable tissues displaying multiple therapeutic and imaging functionalities. They hold great promises to achieve a controlled delivery of therapeutics for various diseases, or to ensure a stimuli-induced cellular response for bone, cardiac, or muscle tissue engineering.
Gene Therapy for Hepatocellular Carcinoma: Highlighting the Journey from Theory to Clinical Applications
Authors:   Laboratory of Innovative Nanomedicine, Faculty of Pharmaceutical Sciences, Hokkaido University, Kita-12, Nishi-6, Kita-ku, Sapporo 060-0812, Japan, Harashima Hideyoshi , A. Khalil Ikramy , A. Younis Mahmoud
Published: May 2022

Treatment for hepatocellular carcinoma (HCC) is currently limited to early stages where surgical intervention is applicable. Meanwhile, the response for most chemotherapies is still low, leaving patients in advanced stages without an eﬀective therapeutic approach. Other therapeutic strategies based on immunotherapies or radiotherapy have a narrow spectrum with multiple limitations. These collective drawbacks necessitate the development of alternative strategies. Gene therapy has achieved a breakthrough in the treatment of several diseases, especially tumors. In the current review, a discussion is provided on the various strategies that have been developed for HCC gene therapy, the functional and genetic materials used, and their diverse delivery systems, with a special focus on novel targeting strategies based on biomaterials, peptide libraries, and aptamers. In addition, animal models that have been used in preclinical evaluation of HCC gene therapies are highlighted and compared. Lastly, ongoing clinical trials and future perspectives for these strategies are discussed.