bluuebunny/crossref_metadata_2025 huggingface dataset:
EU Customs Valuation: Wake-Up Call for MNE
Authors: Hesselink Tim
Published: March 2022

Worldwide customs valuation rules have developed from a concept of objective market value to the current concept of transaction value. Whereas a focus on the price actually paid or payable for the goods has become the norm in a corporate in-house customs setting, at the same time financial, commercial, and operational considerations at multinational enterprises (MNE) have become a normal part of EU customs valuation and vice versa. MNE should, therefore, pay close attention to whether their customs valuation processes with respect to (non)related party transactions that cross the outer EU borders are compliant. In this regard, the treatment of royalties and assists is probably the most complex area of customs valuation law, resulting in underpayments or overpayments of customs duties by MNE. This article provides guidance on EU customs valuation, with a particular focus on royalties and assists.
Overkill, Or: Free Trade Agreements in Asia
Authors: Dahm Patrick
Published: March 2022

Free trade and investment are deemed to be beneficial and so are, in terms of content, free trade and investment agreements. In Asia the number of these agreements is growing. The article explains how free trade and investment agreements in Asia are supposed to work, but why effectively they do not, namely because their sheer number misses the market and having to plough through them causes a waste of resources and opportunities. The article concludes with suggesting the lengthy and arduous but worthwhile effort necessary in order to revert to the underlying idea of every free trade and investment agreement.
Commerces Commitment to Strengthening US Trade Remedy Laws
Authors: Kahn Jordan C.
Published: March 2022

The Department of Commerce has not made satisfactory progress on its August 2010 proposals to strengthen trade remedy laws. Several reforms have not been implemented, notably to select mandatory respondents in antidumping reviews through sampling. Because this proposal depends on available resources, sampling should instead be used without qualification. Commerce should also revisit its non-market economy labour policy that unexpectedly reversed longstanding agency practice and, while administratively convenient, undermines trade remedy effectiveness. Other implemented proposals provide only modest benefit. In contrast to its proposed regulatory reform, Commerce is strengthening trade remedy laws by devoting resources to counteract and deter fraud.
The Ralls Case: Lessons for Foreign Investors
Authors: Wakely Jonathan R. , Fagan David N. , Plotkin Mark E.
Published: March 2022

In September 2012, for only the second time in history, the President exercised his statutory authorities to prohibit the acquisition of a US company on national security grounds. This matter, involving Chinese-controlled Ralls Corporation, offers valuable lessons for foreign companies contemplating US investments. In particular, the Ralls case highlights the dangers associated with transactions that close without CFIUS consideration, the risks associated with physical proximity to sensitive US facilities, and the benefits of early consultations with experienced CFIUS counsel. At the same time, the Ralls matter does not portend any change in US openness to foreign investment-including from China.
Modernization of the EUs Trade Defence Instruments and the Law of Unintended Consequences
Authors: Vermulst Edwin , Vermulst Edwin
Published: March 2022

This article discusses the proposal issued by the European Commission (Commission) on 10 April 2013, for the modernization of the EU's trade defence instruments (TDI). Considering the time that has lapsed since the last TDI review, a modernization aimed at increasing transparency and bringing the application of TDI in line with modern day realities and the WTO Agreements as interpreted in WTO disputes certainly seems opportune. However, the Commission's proposal seems to be a missed opportunity. On the one hand, it champions protectionism by giving primacy to ex officio investigations and the abolition of the lesser duty rule in anti-subsidy investigations and when 'structural raw material distortions' exist, on the other hand, it fails to adequately address administrative transparency, an area in which the EU system has been lacking and compares unfavourably with other traditional TDI users such as the United States (US) and Canada. As many WTO members have patterned their TDI after those of the EU, the butterfly effect will almost certainly come back to haunt EU exporters.
The Landmark Decision in Jockey Canada Company v. President of Canada Border Services Agency: Lessons for Compliance with Canadian Customs Valuation Requirements
Authors: Murray Laura , Pearson Darrel H.
Published: March 2022

This paper analyses the reasons for the Canadian International Trade Tribunal's decision in Jockey Canada Company v. President of Canada Border Services Agency respecting Canadian customs valuation compliance in related party cross-border transactions. It offers practical insights into the precautions that should be taken by multinational companies when structuring import transactions in order to satisfy their evidentiary burden to prove the accuracy of declared values for duty, including the maintenance of probative supporting documentary evidence and the need for customs valuation oriented contemporaneous documentation such as granular transfer pricing studies and agreements between related parties that discretely cover intercompany payments. The application of the transaction value method when pricing is based on a formulaic transfer pricing policy is also examined.
Challenging Export Enforcement Actions: Policies of Denial under the International Traffic in Arms Regulations
Authors: Nunnenkamp Kenneth J. , Cinelli Giovanna M.
Published: March 2022

Companies rarely challenge US Government civil enforcement actions. The export reform effort, however, now places a more costly price on violations of the export laws, in particular the International Traffic in Arms Regulations. Based on the reform effort's goal of transferring less significant military items from State to Commerce, what remains on the US Munitions List and under the International Traffic in Arms Regulations ("ITAR") will now reflect what the US Government considers to be the "crown jewels." As such, civil enforcement actions may now result in more serious and more frequent enforcement. It is important to understand the full scope of the Department of State's authorities in the enforcement arena to prepare for more enhanced Government interest. The Department's discretionary authority is used to institute undefined "policies of denial" that effectively suspend a party's export privileges and result in a form of "debarment" from obtaining export licenses under the ITAR. This article discusses the Department's view of its underlying authorization for such actions and legal support which can be used to challenge these policies when issued.
European Union Financial Sanctions Law and Its Application to Subsidiaries of Listed Entities
Authors: Sachs Bärbel
Published: March 2022

A major challenge for economic operators with regard to European Union financial sanctions law is the sometimes inconsistent and contradictory interpretation of the rules amongst the Member States. In February 2013, the Council of the European Union adopted new interpretative guidelines with regard to the interpretation of the prohibition to make available funds or economic resources through persons or entities owned or controlled by listed persons or entities. While coherent interpretation has - partially - been established, the new guidelines continue to raise issues of legal certainty and reverse the burden of proof under financial sanctions law.
Factors Affecting the Effectiveness and Success of International Road Freight Transit from Iran
Authors: Partovi Sahar Ahmadi , Rahmanseresht Hossein
Published: March 2022

International freight transit involves the entrance of goods through one national border and exit through the other. Because of Iran's role in the economy of the region and the long record of international freight transit via this route, international freight can be a significant source of foreign currency. A review of the history of this sector provides the basis to model the factors affecting transit, and thereby to classify the questions and hypotheses to identify and prioritize those factors influencing success. Using questionnaires with managers, those involved in the member companies of the International Transportation Union, and those with a minimum of five years of experience in the industry, the authors developed a statistical sample. Using a random sample method, and the confirmatory factor analysis, results were obtained. These results indicate the effect of the model constructs-Infrastructure, Policies/Rules, Technology, Operation Management and Capacity-building-on the effectiveness of the sector (international road freight transit from Iran). Five hypotheses were confirmed, and we discovered that among various factors, the one that most significantly affects success is to revise the policies/rules. After this most significant factor, other factors-technology, infrastructure, operation management and capacity-building consecutively-affect success. In conclusion, we provide suggestions to make international road freight transit more successful.
The European Union and the United States: Conflicting Agendas on Geographical Indications  Whats Happening in Asia?
Authors: O'Connor Bernard
Published: March 2022

This short note presumes some knowledge of the general background to the differences between the European Union (EU) and the United States (US) in relation to Geographical Indications (GIs). For those unfamiliar with the debate, the key difference is that the US believes that GIs are best protected by means of trademarks while the EU considers specific or sui generis law are more appropriate. The US and the EU are both competing in Asia to promote these different approaches to the protection of GIs through an ever-widening number of bilateral and/or pluri-lateral trade agreements. This brief article shows that the different approaches are not compatible, and that third countries might be making agreements that are impossible to reconcile. In addition, it raises the question whether the draft Trans-Pacific Partnership agreement is compatible with the WTO TRIPS Agreement.
Why are Customs Classification Issues Adjudicated at the WTO?: Structural Issues and Possible Solutions
Authors: Yamaoka Tokio
Published: March 2022

Most classification disputes at the World Trade Organization ('WTO') have been adjudicated without decisions by the Harmonized System ('HS') Committee of the World Customs Organization ('WCO') where jurisdiction over classification exists. Why then are tariff classification issues brought to the WTO? After providing detailed explanation and analysis of the HS Convention, this article disentangles the complex relationship between the WTO and the WCO concerning tariff concessions and tariff classification. With concern for the overlapping jurisdiction between these two organizations, the article explores possible solutions, shedding light on strengthening the effectiveness of the HS and the integration of the HS Committee activities with the WTO.
A Primer on U.S. APO Practice and Procedure in Antidumping and Countervailing Duty Proceedings
Authors: Togni Patrick J.
Published: March 2022

The Administrative Protective Order (" APO") system used in antidumping ("AD") and countervailing duty ("CVD") proceedings conducted by the U.S. Department of Commerce ("Commerce") and the U.S. International Trade Commission ("the Commission") imposes strict requirements on the submission of, and access to, confidential business information. Each agency's rules and practice are derived from Federal statute, and the penalties for non-compliance may be significant. U.S. APO practice and procedure has evolved over time to account for technological advances used in global law and commerce and at the Federal agencies themselves. This article summarizes the key requirements of U.S. APO practice and concludes that the U.S. system offers robust protection for the submission of business proprietary information ("BPI") in AD and CVD proceedings.
The Peoples Republic of China: A Market Economy or A Non-market Economy in Anti-dumping Proceedings Starting on December 12, 2016?
Authors: Beckington Jeffrey S. , Rosenthal Paul C.
Published: March 2022

China's Non-Market Economy ("NME") poses a problem for countries that import Chinese products with computing reliable dumping margins based on arm's-length prices and costs. When it joined the World Trade Organization in December 2001, China agreed in its Protocol of Accession to be treated as a NME for 15 years. China's position now is that a market-economy methodology must thereafter automatically be used in all antidumping proceedings against China. Under the Protocol's terms, however, that shift is not required except to the extent China demonstrates it has made the transition to a market economy under the importing country's national law.
Imperatives of Trade Facilitation in the Indian Coffee Sector: A Transaction Cost Perspective
Authors: Mukherjee Sarbani , Kumar C. Nalin
Published: March 2022

The ASEAN India FTA and the possible phasing out of some export incentives may have profound implications on cost competitiveness of the Indian coffee sector. Observations in this paper are based on extensive discussions with the major coffee exporters, traders, logistics service providers and officials at the ports (Chennai, Kochi and Mangalore). In the coffee export sector, most of the documentation and customs related assignments are outsourced to Customs House Agents who access the permit system on behalf of exporters. This challenges the basic confidentiality in the system, as one exporter may assign the work to multiple CHAs and one CHA may do the documentation for multiple exporters. The retention time for export related documents varies across ports, which delays post-shipment documentation and claim of incentives by exporters. An integrated online system for the issuance of mandatory and importer-specified certificates and permits by various agencies (central, state and private) would reduce the time and duplication of documents.
Moving towards ASEAN Economic Community: A New Era Starting from the ATIGA
Authors: Ke Jing Jia
Published: March 2022

The ASEAN Trade in Goods Agreement (ATIGA) marked a new era of economic cooperation of Association of Southeast Asian Nations (ASEAN). With the ambition of creating an integrated regional market like the European Union, leaders of ASEAN nations signed the ATIGA in 2009. The ATIGA consolidates previous legal documents concerning different trade issues into a concise and coherent document, which has a profound implication for all market participants involved in trade with ASEAN nations. This article highlights several key legal instruments of ASEAN that market participants should pay attention to. From a comparative perspective, this article identifies the institutional weaknesses of ASEAN and proposes that ASEAN could improve its trade policy and build a more uniform and functional institution by borrowing the EU's experience in building the customs union.
The Fourth Wave of FTAs in 20152016?
Authors: Hamanaka Shintaro
Published: March 2022

The third wave of Free Trade Agreements (FTAs) surged to Asia in the early 2000s with the Asian type of domino effect – the domino of proposing new bilateral agreements. However, with the launch of Trans-Pacific Partnership (TPP) negotiations, the mode of domino returned to the normal track (the domino of participating in existing agreements), which seems to have led to the end of third wave of FTAs. However, the number of FTAs in Asia would again increase in the near future, counter-reacting to TPP and Transatlantic Trade and Investment Partnership (TTIP). In fact, the majority of recent FTA proposals in Asia are those proposed by non-TPP parties, especially by China, or those between Asia and European Commission (EC).

This short paper will briefly discuss three issues in turn to provide an overview of the state of play of FTA policy activity in Asia: (i) the latest trend of FTAs in Asia; (ii) what is likely to happen to Asia’s FTA scene in near future; and (iii) desirable and effective trade policy in the era of FTAs.
The WTO Compatibility of the Indian AI Import Ban
Authors: Dhall Niharika
Published: March 2022

The World Trade Organization (WTO) Appellate Body has confirmed that India’s Avian Influenza measure prohibiting the import of livestock and livestock products from countries reporting Avian Influenza is incompatible with the WTO Agreement on the Application of Sanitary and Phytosanitary (SPS) Measures as the application of the import ban was not based on a risk assessment or relevant international standards, appropriate to the circumstances.
The Customs Valuation Treatment of Advertisement with regard to Imported Goods
Authors: Bianchi Pablo González , Mariño Juan David Barbosa
Published: March 2022

Globalization has led to companies driving their marketing in global scale, transcending national frontiers and borders. Brand marketing, including international advertisement, has become especially relevant as companies want to have a global presence and reach a wider range of consumers. It is therefore the purpose of this article to examine the customs valuation treatment granted to advertising expenses.
Fraud Risks in Customs Bonded Warehouses in Tunisia
Authors: de Rochambeau Golvine , Ayadi Lotfi , Raballand Gaël
Published: March 2022

Customs fraud and informal trade have grown exponentially in Tunisia in recent years. Several studies have been conducted to try to identify the sources of this phenomenon and to estimate its scale. Customs bonded warehouses (magasins et aires de dédouanement – MAD) are suspected to be major sources of goods for this parallel trade sector. In this article, two approaches have been used to identify and quantify the fraud risks in these facilities. The first approach is based on interviews and observations in the field and the second is based on statistical analysis that uses the customs value density of goods sold on informal markets as an explanatory variable. Undervaluing goods leads to revenue losses estimated at more than USD 150 million per year. Several deficiencies have been identified as potential sources of fraud and the inspection and monitoring system needs to be amended.
The EU and Turkey: Privileged Partner or More?
Authors: Vermulst Juni , Baskin Serdar
Published: March 2022

By even larger numbers, respondents envisage the Europe of 2057 as encompassing Turkey. With the issue of Turkish membership, a political hot potato in a Europe struggling to integrate the Muslims already within its borders, Italians believe most strongly that Turkey will join (58%), followed by respondents from Britain and Germany (46%), France (38%), and Spain (36%). These results are ‘surprisingly revealing’, said Timothy Garton Ash, professor of European studies at Oxford University. ‘It’s fascinating because it reveals some deep assumptions people make.’ Many Europeans say ‘Europe shouldn’t expand to include Turkey and Russia’ he said, ‘but deep down they believe it will. It shows you how much enlargement really is the story of the European Union’.

‘As underlined by Prime Minister Recep Tayyip Erdogan, the EU accession process is the most significant modernization project of Turkey since the proclamation of the Republic.’
Free Zones, Foreign Ownership and Tax Incentives for Foreign Direct Investment in Qatar
Authors: Truby Jon , Truby Jon
Published: March 2022

Qatar offers specific Free Zones in order to encourage Foreign Direct Investment, as Free Zones Enterprises can be fully owned by non-Qataris, which is not the case of companies located in Non-Free Zones areas in Qatar. In fact, Free Zones offer huge tax incentives and do not provide any regulatory or legal restrictions to repatriate profits and investments. As Non-Free Zones are governed by a different law than the one applicable in Free Zones areas, taxation is slightly less favorable (corporate income taxes of 10% apply for ordinary companies) even if lots of activities are still tax exempted. The most significant difference lies in the ownership restrictions of Qataris companies. The present contribution is aiming at presenting the main tax and legal aspects of these two different options in Qatar, notably given the growing importance of Free Zones in this region.
Circumvention of Anti-Dumping Measures: Law and Practice of Brazil
Authors: Caetano Ana
Published: March 2022

This article aims to explain the background and history behind the current anti-circumvention (AC) law and proceeding in Brazil, to define the legal circumstances that characterize a circumvention practice and to inform the requirements necessary to present an application for the initiation of an AC review and the provisions in such a proceeding. It provides a look and understanding of the few AC cases in Brazil that have, thus far, taken place and the lessons learned from them. The article also explains the difference between circumvention and other practices that evade the application and effectiveness of anti-dumping (AD) duties, and the means to combat these practices, such as transshipments, origin investigations, scope assessments and redetermination proceedings.
Circumvention of Anti-Dumping Measures: Law and Practice of the European Union
Authors: Vermulst Edwin
Published: March 2022

This contribution provides an overview of EU anti-circumvention law and practice as developed over the past 25 years. It shows that the EU has been an intensive user of its anti-dumping legislation, but that by far the most cases have involved clear-cut transhipment situations. It is submitted that clear and detailed multilaterally agreed anti-circumvention rules are preferred over the current variety of national rules and interpretations.
An Appeal for Targeted Regulatory Protection of Human Rights in the European Unions External Trade Relations in Light of Front Polisario
Authors: Kuplewatzky Nicolaj
Published: March 2022

Shrimp, cotton, cocoa. The US Department of Labor’s list of goods believed to be produced by child or forced labour is long. It also acts as a chilling reminder that everyday products on the European market may have been produced under conditions representing severe human rights violations. In the United States, section 307 of the Tariff Act 1930 acts as a tool for customs to block the importation of certain goods produced under proved child or forced labour conditions. No equivalent exists in the European Union (EU). Yet, in light of the currently-pending appeal case of Front Polisario, the General Court and Advocate General Wathelet could have opened the door to requiring the Council of the EU to assess and ensure that the production of goods for export which enter the Union under a preferential trade arrangement comply with certain fundamental human rights. This note discusses the viability of that obligation and proposes making fundamental human rights indirectly enforceable abroad through a European equivalent of section 307.
The Non-Market Economy Methodology Shall Be Terminated After 2016
Authors: Minyou Yu , Guan Jian
Published: March 2022

Subparagraph 15(a)(ii) of China’s Accession Protocol (AP) permits the importing World Trade Organization (WTO) Members to use the nonmarket economy (NME) methodology to determine the normal value of Chinese imports under certain condition. This subparagraph will expire 15 years after China’s accession, i.e. 11 December 2016. The legal effect of the said expiration is under a heated debate. This article first clarifies why the market economy status (MES) and the NME methodology are separate issues. Then it examines the legal meaning and effect of provisions of paragraph 15 of the AP that will expire and those that will remain after 2016. This article concludes that the expiration of subparagraph 15(a)(ii) will terminate the NME methodology as well as Chinese producers’ burden of proof.
The World Trade Organization Trade Facilitation Agreement: Legal Consequences and Impact on the Union Customs Code
Authors: Cachet Tom
Published: March 2022

Intensive rounds of negotiations during the 9th Ministerial Conference of the World Trade Organization (WTO) in 2013 led to the Bali Agreements on Trade Facilitation and Least Developed Countries. This article focusses on the legal impact of the WTO Trade Facilitation Agreement (TFA) and compares the most important obligations in the agreement to the European Union’s existing customs legal framework to deduct whether it is in line with the new WTO provisions.
A Plurilateral E-Commerce Agreement: Skirting the Doha Impasse
Authors: Raturi Rishab , Notani Sanjay
Published: March 2022

Increased discussions at the WTO on E-commerce demonstrate a strong interest amongst many WTO Members to introduce new rules to regulate digital trade. However, these discussions have primarily been exploratory; substantive discussions under a formal mechanism have not yet been initiated. Moreover, several legal and political challenges present themselves as potential obstacles to the on-going discussion. Given these circumstances, this article argues that a ‘ critical mass ’ based-plurilateral agreement approach amongst ‘ like-minded ’ WTO Members, with extension of benefits on Most Favoured Nation basis, can result in the establishment of global E-commerce rules.
All Parts Should Have Meaning: A Proposal on the Correct Interpretation of section 15(a) & (d) of Chinas Protocol of Accession
Authors: González-Rojas Fernando
Published: March 2022

For almost six years, there has been a heated legal debate about the correct interpretation of section 15 of China’s Protocol of Accession to the World Trade Organization (WTO). In essence, this discussion turns around one crucial question: what are the legal effects of the single sentence in that protocol, commonly known as the ‘sunset clause’? This particular sentence establishes that a certain provision in section 15 that expressly allowed for the use of non-Chinese prices or costs during normal value calculations was due to expire fifteen years after China acceded to the WTO, namely, on 11 December 2016. According to some experts, the effect of the sunset clause was transforming China into a market economy and consequently, forcing other WTO Members to use Chinese prices or costs during their investigations. On the contrary, some other scholars believe that non-Chinese prices or costs may continue to be used, even though the specific paragraph that expressly granted such permission has already expired. This confrontation has not been resolved yet, since both trends of thought have offered explanations that render certain provisions in section 15 inutile.

This article offers a solution to this problem. It proposes that the backbone of section 15 is a rebuttable presumption that China is a nonmarket economy (NME) and that this presumption subsists until today. The legal basis for this presumption is the language in section 15 of China’s Protocol that was not terminated by the sunset clause. This same language also allows the investigated exporters to rebut that presumption, forcing the investigating authority to calculate the normal value of the Chinese exports, based on Chinese prices or costs. However, if this presumption is not refuted, the investigating authority may rely on non-Chinese prices or costs, but only to the extent that it complies with the requirements mandated by Article VI of the General Agreement on Tariffs and Trade (the GATT) and the WTO Anti-Dumping Agreement (ADA). The persistence of the NME presumption plays a role in demonstrating compliance with those requirements. Nevertheless, since the language in section 15 that provided for such automatic authorization has already expired, the NME presumption does not automatically authorize the use of non-Chinese data, as it was the case before 11 December 2016.
An Overview of the Swiss Trade Sanctions and Dual-Use System
Authors: Beretta Laura Carola
Published: March 2022

The Swiss export control system, both concerning dual-use and economic sanctions and embargo matters, is often unknown to foreign companies which have branches or headquarter in Switzerland. It is sometimes thought that Switzerland has no export control system or, worst, that it is enough to comply with US and/or EU export control laws to also be fully compliant with Swiss export control legislation. The present article will describe the peculiarities of the Swiss export control system underlying core concepts of such field of Swiss law and practice. This is based on a study of the relevant legislation and administrative guidance as well as based on our daily life as practitioners dealing with Swiss export controls and the related compliance programs.
Overview of the French Customs Infringements and Sanctions and the Question of Possible Harmonization
Authors: Desplanques Freddy , de Franssu Amélie
Published: March 2022

The European Commission’s proposed Directive of 13 December 2013 (Proposal for a directive of the EU Parliament and of the Council on the Union legal framework for customs infringements and sanctions, dated 13 December 2013) sets a framework to harmonize customs infringements and related sanctions. This has reopened the debate over harmonization of sanctions relating to infringements of the Union’s customs rules and sheds light upon the diversity of the law enforcement systems of each of the EU Member States’ customs services. In France, for instance, the system in place is based on specific criminal law rules. It is necessary to better understand the national legal environment and its peculiarities in order to grasp the stakes and the obstacles that delay a rapid implementation of a harmonized regime. With this in mind, we shall cover the principles that govern the French criminal law relating to customs, together with a practical overview of procedural rules in customs matters. This study will aid comprehension of the ongoing harmonization work as well as measuring how far we are from achieving it.
Filling the Gap: Are the EU Retaliatory Tariffs Consistent with EU Law?
Authors: Charles Jérémie
Published: March 2022

The EU introduced the EU retaliatory tariffs in response to the US 232 tariffs on certain steel and aluminium products. The EU retaliatory tariffs result in significant additional costs for EU importers, downstream industries and consumers of over 180 US products. While these tariffs’ WTO law consistency has been extensively debated (and is currently reviewed by the WTO Dispute Settlement Body); their EU law consistency appears to have attracted less attention. This article attempts to fill this gap by providing a preliminary assessment of whether the EU retaliatory tariffs have been determined and adopted in accordance with applicable EU rules.
Discussion on Enhancing the Legal Cooperation of PPP Projects on the Platform of Belt and Road Initiative
Authors: Liang Shuang
Published: March 2022

Since the initiation of the Belt and Road Initiative (BRI), Public-Private-Partnership (PPP) projects have remained one of the initiative’s most successful results. As the success of the Cambodian Gan Then Hydropower Station project demonstrates, cooperation in legislation can be crucial to the development of PPP projects on the platform of the BRI. Meanwhile, by comparing this project to the failure of the Poland Highway Project, it is apparent that the imperfect legal systems and cooperative barriers between the various BRI countries may lead to an increase in risks for PPP projects. This article will discuss how to reinforce legislation and cooperation regarding PPP projects on the platform of the BRI in terms of treaties, national legislation, unified evaluation criteria, and a dispute settlement mechanism.
China, Belt and Road and Intellectual Property Cooperation
Authors: Yu Peter K.
Published: March 2022

This article examines the emerging role China and its Belt and Road Initiative will play in the intellectual property area. It begins by exploring the country’s growing assertiveness in the international arena. The article then explores six areas in which this initiative can play constructive roles in facilitating international and regional cooperation. It concludes by addressing three oft-raised questions concerning the initiative.
Case Study on Fraud in Export Credit Insurance for Export Financing Against Account Receivables
Authors: Man Kim Sang
Published: March 2022

The Korean government introduced Export Credit Guarantee (‘ECG’) and Export Credit Insurance (‘ECI’) programs to support national exports. A typical ECG and ECI not only covers the risks of non-payment by importers, but also enables export financing for an exporter. Although, these programs provide various benefits, they can however be misused by fraudulent exporters. Such fraud not only contravenes the intended purpose of the programs, but also harms honest exporters by increasing insurance premiums.
The Digitalization of the Issuing Process of Certificates of Origin in the Netherlands and Belgium: Is a 100% Digitalization Rate Possible and How? Why Issuing Certificates of Origin Electronically Do
Authors: van der Weide Martin , Coulie Christophe
Published: March 2022

More and more countries are digitalizing the issuing of non-preferential Certificates of Origin (CO). The Netherlands and Belgium have both build up a robust experience in this field. Digitalizing is a necessary evolution as more and more Customs and logistic processes are running electronically. As with all digitalization processes challenges, on technical level but also on human level, need to be dealt with. While coping with these challenges at the same time one needs to anticipate to new developments as blockchain and artificial intelligence. All this is no longer possible on a national level but needs the support and coordination of an international body. On the level of CO the International Chamber of Commerce has taken up this challenge.
The Role of Consumer Protection in the Relations Between Asia and the European Union
Authors: Kishore Pallavi
Published: March 2022

This article examines the functioning of the European Union’s (EU’s) consumer protection law in an incident in which the EU banned Asian shrimps in order to protect its consumers and aims to answer the following questions:

1. Are the EU’s actions in compliance with its own law and the law of the World Trade Organization (WTO)?

2. What is the impact of these actions on international trade and on the EU’s trading partners especially if they are developing countries?

The most important consequence of this incident is its restrictive impact on international trade and/or the use of consumer protection as a tool for protectionism. In this particular incident, it does appear that the EU’s actions could have been held to have violated WTO law had the Asian developing countries brought a case against the EU. The article will conclude by examining the impact of the EU’s actions on its relations with Asia.
The Arbitrary Rejection of the Declared Value by the Customs Administration
Authors: Gupta Sonia
Published: March 2022

Valuation disputes are on an upsurge in all jurisdictions, India being no different. The collection of customs duties is directly proportionate to the rate of Customs Duty and level of enforcement. To maximize collection of customs duties, customs authorities in all jurisdictions work with revenue bias while enforcing domestic laws, safeguarding national security, implementing effective controls and confirming to so called trade facilitation. The declared value in an import transaction is often rejected arbitrarily by customs officers relying on various risk assessment tools including national valuation data base under plea of contemporaneous imports at higher value without any objectivity and prudence.

International Customs Valuation Rules, Arbitrary rejection of transaction value, loading of declared value of imported goods, related party transactions, the Customs Act, 1962 and the Customs Valuation (Determination of Price of Imported Goods) Rules.
Peace and Prosperity: Israel’s Qualifying Industrial Zone Agreements with Jordan and Egypt
Authors: Rosenblatt Daniel
Published: March 2022

After Israel and the US entered their free trade agreement in 1985, the parties realized that this FTA could be leveraged to support regional peace by fostering economic cooperation between Israel and its neighbours. The idea was to allow goods produced in certain industrial zones, which resulted in substantial economic cooperation between Israel and the other parties, as qualifying for preferential treatment under the Israel-US FTA. Ultimately, two Qualifying Industrial Zone (QIZ) agreements were signed: one between Israel, the US, and Jordan, and the second between Israel, the US, and Egypt. This article outlines the background and rules of these QIZ agreements within the larger framework of the Israel-US FTA.

Israel-US FTA, ‘Qualifying Industrial Zone’ agreements, QIZ, preferential treatment, joint supply chains, substantially transformed, direct processing costs, rules of origin of textiles and apparel, domestic content standards.
Stare Decisis in the WTO Dispute Settlement Procedure: A Response to the Trump Administration’s Criticism
Authors: Beckerle Sebastian
Published: March 2022

The United States’ refusal to reappoint judges to the WTO Appellate Body will potentially render the appellate mechanism functionless at the end of this year. One of the alleged justifications provided by the Trump Administration – the treatment of previous Appellate Body reports as precedent – is the subject of this article. By examining the WTO legal framework as well as relevant case law, the paper demonstrates that the criticism in this regard is unjustified, and instead rather serves to conceal the dissatisfaction with consecutive negative decisions by panels and the Appellate Body, dismantling protectionist US measures.
Do Rules of Origin Extend Disproportionate Trade Gains Under SAFTA: A Case Study of Bicycle and Textile Industries
Authors: Singh Surendar , Singh Ram
Published: March 2022

Rules of Origin (RoO) have become an important area of policy attention in international trade negotiations due to their far-reaching trade and investment implications to member countries. The main function of RoO in free trade agreements (FTAs) is to set conditions so that goods produced within FTAs comply with the essential origin criterion to claim the benefits of preferential market access and to prevent the entry of goods from non- FTA partners. The rising cases of disproportionate trade benefits have compelled countries to review their RoO provisions under different trade agreements. Additionally, the disproportionate benefit of RoO under the South Asia Free Trade (SAFTA) has received considerable interest in the recent years. This article examines how RoO under the SAFTA is extending unwarranted trade benefit to Bangladesh and Sri Lanka in bicycle and textile and clothing industries. Findings backed by data analysis demonstrate that the entry of Chinese imports into the Indian market via Bangladesh and Sri Lanka is adversely affecting the domestic bicycle and garment industries. Options available to revamp RoO under the SAFTA are limited. This article concludes that reforming value addition criterion and including a ‘sourcing restrictions’ clause may prove effective to prevent the unjustifiable benefits of RoO.

RoO, regional value chains, trade policy, free trade agreements, trade agreements, SAFTA
Recent Development of the Special Treatment under the EU Anti-dumping Law – Case T-498/04, Zhejiang Xinan Chemical Industrial Group v. Council, delivered on 17 June 2009; Case
Authors: Zang Michelle Q.
Published: March 2022

As one of the biggest users of anti-dumping actions, the EU has established a rather complicated regime in this area. Despite the conventional division between market and non-market economies (NME), it further develops a separated approach towards economies in transition. These special treatments under EU anti-dumping proceedings have been exhaustively explored in academia in terms of the investigation approaches and practice engaged by the European Commission. However, the importance of a systematic analysis on the jurisprudence of the European Court cannot be overestimated. It not only indicates the issue of admissibility and the chance of successful legal challenges by the private parties, more importantly, it may also signal the direction of policy development in the future.
The Free Movement of Goods, the Overseas Countries and Territories, and the EU’s Outermost Regions: Some Problematic Aspects
Authors: Tryfonidou Alina
Published: March 2022

This article will analyse how the European Union (EU)’s prohibitions on the imposition of customs duties and quantitative restrictions are applied to goods that move between the EU and its regions, countries, and territories that are situated away from continental Europe. The main aim will be to identify some of the problems and difficulties that emerge as a result of the way that the EU and its Member States have decided to delimit the scope of these prohibitions in this context and to consider possible solutions.
A New Chapter in the European Court of Justice Gambling Saga: A Stacked Deck?
Authors: Mulder Jotte
Published: March 2022

And I believed in my system … within a quarter of an hour I won 600 francs. This whetted my appetite. Suddenly I started to lose, couldn't control myself and lost everything. After that I … took my last money, and went to play … I was carried away by this unusual good fortune and I risked all 35 napoleons and lost them all. I had 6 napoleons left to pay the landlady and for the journey.

In Geneva I pawned my watch.

Whether or not consumers should be protected against their propensity for gambling addictions is a public policy decision that is left exclusively to the individual Member State. Case law of the Court of Justice of the European Union (CJEU) has developed 'high trust' principles that provide Member States wide discretion to determine what system of protection - if any - works best in their territory. However, if a Member States policy turns out to be inconsistent with its policy aims and restricts free movement, the Court is not scared to strike it down. The latest judgments in the gambling saga build upon sixteen years of case law. This article investigates whether Member States are by now dealt with a stacked deck of principles.
Liberalization of Legal Services under the CEPA Framework between Mainland China and Hong Kong
Authors: Zhao Yun
Published: March 2022

Legal services are an important type of trade in services, and opening up the legal services market requires careful consideration. The Closer Economic Partnership Agreement (CEPA) between Mainland China and Hong Kong has taken the lead in setting the platform for opening up the legal services market. This regional free trade arrangement aims to provide preferential treatment to (and only to) the legal service industry and providers in the region. Because of the ever-developing economic relationship between the two parties, it is necessary to study the possibility of opening the market even further. This article examines the existing framework for liberalization of legal services under the CEPA framework and offers some suggestions on further liberalization of legal services between Mainland China and Hong Kong.
EU Innovation Policy: Lessons Learned from the Inclusion of Aviation in the EU Emissions Trading Scheme
Authors: Lykotrafiti Antigoni
Published: March 2022

The article looks at the inclusion of aviation in the European Union (EU) emissions trading scheme from the perspective of innovation. It argues that the initiative of the European Union to subject aviation to the scheme has functioned as a catalyst for innovation in the sector. Innovation has particularly manifested itself in the areas of air traffic management, aeronautics and biofuels. The article examines the EU mechanisms activated to foster innovation to draw conclusions on the existence and nature of an EU innovation policy. It approaches innovation as a means to achieve the objectives of the various EU policies rather than as an end in itself. Drawing upon the example of aviation it concludes that, although it does not appear that the EU has developed an autonomous system of horizontal rules on innovation, it does have plenty of instruments, which, if well-orchestrated, could lead to an innovation concert.
The Private Effect of the Free Movement of Goods: Examining Private-Law Bodies Activities under the Scope of Article 34 of the Treaty of the Functioning of the European Union
Authors: van de Kooij Alex Crespo
Published: March 2022

This case concerned a dispute between private bodies Fra.bo SpA and the DVGW. The question was whether Article 34 TFEU must be interpreted as meaning that it applies to standardization and certification activities by a private-law body recognized by national law, where national legislation considers the products certified by that body to be compliant with national law, having the effect of restricting the marketing of products which are not certified by that body. The Court determined that, Article 34 TFEU had been infringed. It emphasized the presumption of legality with German national law and the fact that there exist no real alternatives to obtain the required certificate. This case note establishes that the Court did not grant horizontal effect to Article 34 TFEU, but that it merely extended the application of the Article. Further, it examines some issues and possibilities with regard to the application of the competition law doctrine.
Sketching the Contours of the Prospective EU-Russia Investment Architecture
Authors: Dralle Tilman
Published: March 2022

Since the Lisbon treaty entered into force in 2009, the European Union (EU) is vested with the exclusive competence in the field of foreign direct investment (FDI). In principle, this competence encompasses the negotiation and conclusion of bilateral investment treaties (BITs) with third countries including the negotiation of the standards of treatment applicable to foreign investors, which has been the domain of the EU Member States so far. The advent of the new EU competence for FDI has also had an impact on EU-Russia relations. The European Commission identified Russia as a priority country for EU investment negotiations. Eventually, all existing BITs between the Russian Federation and EU Member States will be substituted by a new investment law regime between the EU and Russia. Drawing on the investment treaty practice of the Russian Federation and the slowly emerging contours of the EU's investment policy, this article attempts to give a first impression of how the future EU-Russia investment architecture may look like. For this purpose, the article will take stock of the Russian BIT practice of the past and then analyse discrepancies with regard to the EU position.
Market Citizenship and Union Citizenship: An Integrated Approach? The Martens Judgment
Authors: Skovgaard-Petersen Henrik
Published: March 2022

Since the Treaty of Maastricht free movement rights for Union citizens have been continuously strengthened in a process which has gradually encroached upon the dominance of the ‘market citizenship’ paradigm. The Martens judgment takes a small, yet significant, step further along this path. Faced with the choice between the worker and citizenship provisions, the Court chose to give further substance to the prohibition of restrictions contained in the latter. Moreover, it is argued that the application of the justification test – which was shed of the usual ‘unreasonable burden’ vocabulary – is in the slipstream of a broader tendency towards convergence between economically active and inactive benefit claimants, particularly in the field of student support. Finally, the case offers yet another chance to revisit the question which has perennially plagued the field: How should financial responsibility for mobile students be distributed? Given the absence of coordination rules, the contribution considers how to approach an answer within the general free movement framework.