bluuebunny/crossref_metadata_2025 huggingface dataset:
THE ROLE OF VIRTUAL TRY-ON TECHNOLOGY IN ONLINE PURCHASING DECISION
Authors: Başeğmez Hülya , Tuncalı Yaman Tutku
Published: March 2022

Today, with the intensive use of internet technologies, the concept of e-commerce became a focused channel to understand the customer behavior and purchasing processes for different product categories. Several methods are used to enable users to conclude their surf with the purchase and up-to-date technologies are contributed to positively nudging their purchasing tendencies. In this study, the impact of one of these technologies, Virtual Try-On, in terms of the customer experience was investigated. According to the results, the desire to use this technology again has been determined and it has also been seen that VTO technology had increased users’ purchase intention. Plus, two different user groups with different characteristics were identified according to their perceptions towards VTO technology. It is recommended that firms offering this technology seek to differentiate ways in their promotion and communication with designated groups.
GÖRÜNTÜ İŞLEME ENTEGRE AFET YÖNETİMİNDE YAPAY ZEKA YÖNTEMİ OLARAK KULLANILABİLİR Mİ?
Authors: Tarhan Çiğdem , Özgür Ahmet Selçuk , Teke İlknur , Komesli Murat
Published: March 2022

Türkiye'de yapı yoğunluğu ve nüfusu yüksek olan şehirler deprem ve diğer doğal afetler sırasında risk taşımaktadır. Acil bir durum (deprem vb.) son-rasında hasar gören evlerin yerini hızlı bir şekilde belirlemek ve bölgesel yoğunluğunu belirlemek zor bir süreçtir. Aynı zamanda kamu ve sivil toplum kuruluşlarının mevcut hasar durumlarına göre kaynakların, afet bölgelerine yönlendirilmesi sürecinde sorunlar yaşanmaktadır. Çalışmanın kapsamı, önerilen sistemdeki uygulama ile yapay zeka tabanlı hasar tespitini hızlı ve etkin bir şekilde gerçekleştirmektir. Böylece hasarlı yapılar konum bilgisi ile veri tabanına kaydedilecek ve afet sonrası gerçekleşecek tüm süreçlere destek verilecektir.
MUTLU PAZARLAMA YAZILIM GEREKSİNİMLERİ ANALİZİ
Authors: Kahya Özyirmidokuz Esra , Uyar Kumru
Published: March 2022

Pazarlama ile ilgili bir yazılım sistem kalitesini artırmak için, tüketici geribildirimleri sistem tasarımı sırasında değerlendirilmelidir. Bu araştırmanın amacı tüketicilerin kullanacağı iyi-olma yazılımları ile ilgili gereksinimlerini keşfetmektir. Tüketicilerin yazılım ile mutluluklarını nasıl artırabilecekleri ve ikna teknolojileri ile oyunlaştırma teknikleri dahil tüketicileri sistemde tutan ve mutluluklarını etkileyen detaylar irdelenmektedir. Çalışmada karma araştırma yöntemi uygulandı. Yapılan tematik analiz sonucunda, katılımcıların bahsettikleri bir pazarlama iyi-olma uygulamasının mutlu eden özelliklerinin yanı sıra, işlevsel özellikleri, interaktif özellikleri ve ürün-fiyat özellikleri ayrı temalarda gruplandırıldı.
Enhanced Third Party Rights in the WTO Dispute Settlement Understanding
Authors: Antoniadis Antonis
Published: March 2022

This article examines the issue of enhanced third party rights in the WTO DSU. The origin of broader participatory rights in the GATT practice is explored. Further, in the early WTO jurisprudence and in particular, in EC – Hormones, the Appellate Body determined the conditions under which those rights should be granted and the content thereof. Their foundation on the discretionary authority of the Panels and on considerations of due process was thereby established. This contribution focuses on United States – 1916 Anti-Dumping Act, where the Appellate Body was offered the opportunity to elaborate on the issue in a case where claims of procedural prejudice were raised. In light of the unsatisfactory response of the Appellate Body, an analysis of the DSU provisions is undertaken and the argument that enhanced third party rights have a strong basis in the DSU is advocated. At the same time, the procedural and systemic importance of the issue is highlighted.
Cross-border Mergers, the Rule of Reason and Employee Participation
Authors: Storm Paul
Published: March 2022

This contribution discusses cross-border mergers in the context of freedom of establishment and the major exeption to this fundamental principle of the EC Treaty, the so-called rule of reason. It does so in the light of the judgment of 13 December 2005 by the European Court in Sevic, Directive 2005/56/EC on cross-border mergers of limited liability companies, as well as with respect to cross-border mergers outside the scope of this directive. The contribution then turns to employee participation, which poses the most delicate problem in relation to cross-border mergers. In particular, it examines the impact of freedom of establishment and the rule of reason on rules and bahaviour aimed at protecting employee participation and thereby impeding cross-border mergers.
Are French Listed Companies Takeover-proof?
Authors: Carle François
Published: March 2022

In his commentary on the recent reforms of the French takeover bids regime, Professor Bonneau questioned whether France was still ‘a good member of liberalism.’ A quick look at the statistics demonstrates that indeed France has become relatively unattractive for foreign investors. It is true to say that along with British and German companies, French companies were the most attractive participants in the European wave of mergers and acquisitions between 1993 and 2001. However today, France suffers from a substantial negative takeover balance, with foreign companies investing only ?149,000,000 in takeovers of French companies, compared with the ?336,500,000 invested in foreign countries by French companies for the same purpose.

On 31 March 2006, European Directive 2004/25/EC on Takeover Bids (the ‘Directive’) was implemented into French law through Act No. 2006-387 (commonly called the ‘Loi Anti-OPA’). The objectives of the Directive are twofold: (1) to strengthen legal certainty in cross-border takeover bids; and (2) to ensure the protection of minority shareholders. Furthermore, the Winter Commission, which had the difficult task of paving the way for the drafting of the final proposal for the Directive, came to the conclusion that the Directive must also be considered as a further step towards an integrated securities market in Europe. With these observations in mind, it is difficult to imagine that the European legal institutions would enact a piece of legislation which is meant to render companies within Member States ‘takeover-proof’.

The French legislature has taken a peculiar approach to the subject of takeover bids. With the Loi Anti-OPA, the French Parliament drafted an act which tended to find a compromise between shareholder influence on defensive measures, and the reactive capacities of a company to raise a defence (‘réaction à chaud’). Economists saw the Loi Anti-OPA as a ‘financial and economical inconsistency aimed at defending national “champions” ’. Consequently, it is relevant to examine the French legislation prior to the recent Loi Anti-OPA as well as the Loi Anti-OPA itself in order to analyse its impact on the French takeover regime.
Loyalty Dividend and the EC Principle of Equal Treatment of Shareholders
Authors: Koppert-van Beek Monique , Lennarts Marie-Louise
Published: March 2022

In this contribution Lennarts and Koppert–van Beek discuss two court decisions in the Netherlands on the plans of DSM corporation to introduce a so–called loyalty dividend for shareholders. The discussion takes place against the background of the principle of equal treatment of shareholders.
Employee Representation on the Board of Directors of a Company with its Registered Office in a Nordic Country
Authors: Hansen Lone L. , Hansen Lone L.
Published: March 2022

This contribution contains an indepth analysis of employee representation in the Nordic Countries.
Cross-Border Transfer of Seat and Conversion of Companies under the EC Treaty Provisions on Freedom of Establishment
Authors: Vossestein Gert-Jan
Published: March 2022

Vossestein presents an in-depth analysis of the Cartesio ruling by the ECJ and advocates the revitalization and adoption of an EC Directive on cross-border conversions.
The Societas Privata Europaea under the Magnifying Glass (Part 2)
Authors: Uziahu-Santcross Odeaya , Dorresteijn Adriaan F. M.
Published: March 2022

This is the second part of a two-part series on the Societas Privata Europaea (SPE). Whereas the first part concentrated on the proposal by the European Commission, this part deals with the proposals for amendments that have been made by the European Parliament in the last months of 2008 and in March 2009.
Pro Forma Registration of Companies: Why a Brass Plate in the Host Country Is Enough in Some Respects, but Not in Others
Authors: Werlauff Erik
Published: March 2022

EC law has accepted pro-forma establishment of companies as a consequence of the freedom of establishment. Although in this context companies may also speculate on national differences in tax law, here they are required to show some substance. Werlauff explains the state of affairs and it consequences.
Principles of European Company Law
Authors: Werlauff Erik
Published: March 2022

Starting with a tour d’horizon into the origins and scope of European company law, Werlauff finally comes to the conclusion that the big theoretical leaps in its development are taken by the Court, while the technical legwork in the form of directives and regulations is carried out by the Council and Parliament.
Impediments to an Internal Market for Institutions for Occupational Retirement Provision
Authors: Starink Bastiaan , Van Meerten Hans
Published: March 2022

The financial crisis now at hand has led to increased attention for the way pension systems operate. At this moment, a revision of pension systems is clearly needed. At the same time, there are still impediments that stand in the way of an internal market for occupational retirement systems that need to be addressed.
The Importance of Due Diligence Practices for the Future of Business Operations in Fragile States
Authors: Beckers Sarah , Kryczka Katarzyna
Published: March 2022

Corporate social responsibility (CSR) self-regulation and new public laws oblige companies to conduct due diligence (DD) investigations to ensure compliance with human rights norms. This article focuses on challenges encountered by the extractive, electronic, and technical equipment sectors in fragile states, in particular in Africa.
Financial Incentives for Whistleblowers in European Capital Markets Law
Authors: Schmolke Klaus Ulrich
Published: March 2022

The European Commission has recently released a Proposal for a Regulation on market abuse, to increase investor confidence and market integrity in European capital markets law. One of its most innovative elements involves allowing Member States to provide financial incentives to whistleblowers who report cases of market abuse. In this, the Commission has apparently drawn inspiration from the US legislation, which with the Dodd Frank Act of 2010, significantly expanded its whistleblower reward programme. This article examines both the US and the European regulations, and evaluates the advantages and disadvantages of offering financial incentives to encourage informants to blow the whistle. Finally, it looks at the potential structure of a reward programme, examining the balance required between external rewards and internal company compliance processes.
A Practical Guide to Cross-Border Mergers in Belgium
Authors: Pottier Eric , Dobbelaere Felix
Published: March 2022

On 26 October 2005, the European Directive 2005/56/EC (the 'Cross-Border Merger Directive') was adopted, introducing a harmonizing legal framework within the European Union for cross-border mergers. Despite practical obstacles, the new cross-border merger regime introduced by the Cross-Border Merger Directive has proven to be a great success, also in Belgium, especially in the framework of intra-group restructurings of pan-Europe company groups.
Disruptive Innovation and the Global Emergence of Hybrid Corporate Legal Structures
Authors: Liao Carol
Published: March 2022

A 'hybrid' is a corporate entity that embodies legal features which empower businesses to pursue dual economic and social mandates. This article explores how the global development of hybrid corporations have the potential to foster disruptive innovations in the marketplace that, in combination with top-down regulatory reform, will contribute to an environment where sustainable companies become the norm
Company Law as a Restriction to Free Movement: Examination of the Notion of Restriction Using Company Law as the Frame of Reference
Authors: Engsig Sørensen Karsten
Published: March 2022

Focusing on recent judgments from the Court of Justice of the European Union, this article investigates how the notion of 'restriction' - which is the first step in examining whether there is an infringement of the free movement rights - is used in cases involving company law measures. There is evidence that non-discriminatory obstacles to free movement found in company law can be restrictions. However, recent cases show that the Court may be willing to apply a more restrictive approach where only non-discriminatory measures that have a qualified deterrent effect may constitute restrictions.
Madness of Crowds or Regulatory Preconception?: The Weak Foundation of Financial Crowdfunding Regulation in the US and Italy
Authors: Tonelli Enrico , Hanks Sara , Romano Giovanni
Published: March 2022

The purpose of this article is to compare US and Italian financial crowdfunding regulation. Emphasis is given on the protections crowdfunders.
Rise of a New Corporate Vehicle: Public Benefit Corporation
Authors: Fomcenco Alex
Published: March 2022

So-called Public Benefit Corporations do not bring any revolutionary amendments to the way the traditional corporations are. But they represent a shift in the way our corporate mind and mentality is evolving. Despite the deficiencies in legislation, it must be acknowledged that this new corporate vehicle indicates that for some corporations public benefit objectives become more important than profits.
The Insolvency Regulation and the Centre of Main Interest in the European Union: Are They Victims of the Company Law Conflicts within the Union?
Authors: Koutsias Marios
Published: March 2022

EU company law is full of ambiguities, uncertainties and problems. The conflict between the contractual model of companies with a more stakeholder-oriented and concessionary model has proved insurmountable. Likewise, the Insolvency Regulation and the problems in defining its central concept – the Centre of Main Interest- are reflective of that reality. Unless a compromise at the EU level is reached, almost any EU company law initiative will inevitably fall victim.
The Societas UNIUS Personae: A Welcome European Vehicle
Authors: van Duuren Tom , Brake Stephanie ter
Published: March 2022

This article discusses the desirability of introducing the Societas Unius Personae (SUP), by first comparing other light vehicles in Europe, namely the UK LLP, the German GmbH (UG), the French SARL, EURL and SAS(U), and the Dutch BV. Since the main purpose of the SUP is to make it easier and less costly for any potential company founder to establish companies abroad, the SUP can be best compared to the French EURL. The SUP is a welcome European vehicle. But it would make sense if the tax treatment of the SUP would be addressed as well.
Who Should Say on Pay and for the Sake of Whom in a Listed Company?
Authors: Asplund Aino
Published: March 2022

Listed companies’ remuneration policies have been associated with bad corporate governance. It has been argued that managerial power is too strong, which leads to imbalance between pay and performance. As a solution, shareholders, possessing a special position in the mainstream theory, are increasingly empowered to say on pay. However, in order for the company to contribute sustainable business, remuneration should be built on companies’ own long-term survival, not shareholder value, and supported with director primacy.
‘Future Trends in Auditors’ External Reporting: Inspiration from the UK?
Authors: Seehausen Jesper
Published: March 2022

For the time being, the International Standards on Auditing (ISAs) and, for Public-Interest Entity (PIE) audit reports, the PIE Regulation constitute the regulatory foundation for audit reports within the EU, together with the national act in each Member State that implements the Auditing Directive and with any other relevant national legislation or regulation. However, further changes to auditors’ external reporting may lie ahead. The purpose of this article is to discuss these possible changes. The article focuses on the UK, where a number of important and possibly ‘game changing’ reports have recently been published – especially following the collapse of Carillion. Admittedly, after Brexit, the UK will of course no longer have a direct influence on EU legislation, including audit legislation. However, there is reason to believe that the UK will remain one of the ‘driving’ countries within auditing and UK hence continue to exert significant influence on audit regulation. Besides a brief description of Carillion and its collapse, the article discusses the Kingman Review and the Brydon Report, which both include interesting considerations on auditors’ external reporting. Only time can tell which changes will actually be implemented, how, when and not forgetting where.

Auditing, Auditors, Audit Legislation, Auditing Directive, Public-Interest Entities (PIEs), PIE Regulation, International Standards on Auditing (ISAs), Audit Reports, Key Audit Matters (KAMs), Carillion, Kingman Review, Brydon Report, Company Law, UK Companies Act
The Regime of Depositary Under the Alternative Investment Fund Managers Directive 2011: French and Luxembourg Perspectives
Authors: Domina Repiquet Mariia
Published: March 2022

The Alternative Investment Fund Managers Directive 2011 requires every fund manager to designate a depositary for every fund it manages. This is the first time in the history of European alternative investment fund industry that an appointment of a depositary is obligatory across all Member States. We analyse the differences in the implementation of this regime in French and Luxembourg law.

AIFM Directive, UCITS Directive, depositary
Activist Hedge Funds and Board Representation: A Comparative Analysis of the European and American Fiduciary Duties in the Context of Activist-Nominated Directors
Authors: Taleska Ana
Published: March 2022

Recently, a new breed of representative director has featured European and American corporate boards: activist-nominated directors. Activistnominated directors are sponsored by hedge funds in course of an activist campaign targeting a listed corporation in a bid to amplify hedge funds’ direct influence in board deliberations. Constituency directors are deeply rooted in (Continental) European corporate governance and activist-nominated directors may find that the decision-making processes and deliberations of multi-stakeholder (two-tier) boards are markedly different from majority-independent (unitary) boards, commonly featured at British and American firms. This dynamic in the (Continental) European corporate governance may significantly curtail activist directors’ influence in gaining support for their demands that are at odds with the interests of other (board-represented) stakeholder interests at (Continental) European firms.

activist-nominated director, constituency director, nominee director, representative director
The Shell Nigeria Judgments by the Court of Appeal of the Hague, a Breakthrough in the Field of International Environmental Damage? UK Law and Dutch Law on Parental Liability Compared
Authors: Bartman Steef M. , De Groot Cornelis
Published: March 2022

On 29 January 2021, the Court of Appeal of The Hague rendered three judgments in cases brought by Nigerian citizens who had suffered damage as a result of leaks from oil pipelines. The proceedings stand out because they are being conducted in the Netherlands, not only against Shell Nigeria, but also against the former UK and Dutch parent companies of the Shell group, as well as against the current group holding company Royal Dutch Shell Plc. The Court of Appeal, in line with the Vedanta judgment of the UK Supreme Court, makes an extensive analysis of the structure of the Shell group and, based thereon, derives (albeit limited) a duty of care for the parent company Royal Dutch Shell Plc (RDS) vis-à-vis the claimants.

corporate social responsibility, international environmental damage, piercing the corporate veil, EEX Regulation (recast), Brussels I-bis Regulation, Rome II Regulation
Rapidly Implemented Amidst COVID Crisis, New Dutch Restructuring Procedure Offers Relief to Businesses and Organizations Struggling with High Debts
Authors: De Vaan Ruud A.G. , De Bock Gerrit-Jan
Published: March 2022

A recently enacted Dutch law enables businesses and organizations to avoid bankruptcy through a court-approved restructuring plan. As an implementation of the 2019 European Restructuring Directive, the so-called Dutch Scheme can be used to restructure debts and improve profitability, for example by applying forced debt reduction or debt-for-equity swaps. This new legislation entered into force on 1 January 2021 and is already proving to be an effective tool for business in financial distress. In this article, the authors describe its main characteristics.

insolvency proceedings, restructuring plan, WHOA, Dutch Scheme, restructuring expert, debtor-in-possession
Addressable TV and Consent Sequencing
Authors: Berber Leyla Keser , Atabey Ayça
Published: March 2022

According to the preamble of the EU passenger rights regulation (EU Regulation 261/2004) strikes that affect the operation of an operating air carrier are explicitly provided as an example of extraordinary circumstances, exempting the air carrier from having to pay compensation to the passengers. Complex in this regard is how one should see strikes by airlines staff also named ‘internal strikes’.
A Comparative Study of the Extraterritorial Enforcement of Data Protection Rules in the EU, US and Japan
Authors: Komukai Taro
Published: March 2022

Globalization and the Internet have dramatically increased the international transfer of data and information. Consequently, personal data protection has become crucial in such cross-border data transfers. Personal data collected in one’s home country but processed by foreign entities must be subjected to data protection. Such regulations and rules for the international transfer of personal data are usually carried out through the laws of each country. There are two types of data protection rules associated with the cross-border transfer of personal data: restriction of cross-border data transfers and extraterritorial application of data protection rules. This article focuses on the latter type of laws and discusses the relationship between law enforcement and sovereignty. It also provides an approach for improving the rules for extraterritorial enforcement in Japan, comparing it with analogous regulations from the EU and the US
The Interpretation of ‘Household’ in the Definition of Personal Information in the CCPA
Authors: Krzysztofek Mariusz
Published: March 2022

The California Consumer Privacy Act of 2018 (CCPA) became enforceable on 1 July 2020. However, the interpretation of ‘household’ within the definition of a consumer’s personal information remains unclear. Since even a person living alone in a housing unit is counted as a household, it is not indicated how an individual within a household differs from a consumer in the definition of personal information. In other words, people who constitute a household are in the same time consumers as defined in the CCPA (California residents), so ‘household’ in the CCPA duplicates the meaning of ‘consumer’ in the definition of personal information. The guidance of the CCPA issued by the Attorney General’s Office actually show that at the end of the day, the household needs to be tied to a consumer in order to validate the request, for example in the guidance § 999.318 it is explicitly said ‘all consumers of the household’. The scope of the definition of personal information and therefore the scope of the CCPA becomes uncertain without answering the question of how ‘household’ is to be understood in the CCPA. This article discusses the answer to this question.

CCPA, California Consumer Privacy Act, household, household definition, consumer, personal information, all consumers of the household
Case Note: Recommendations of the EDPB Further to the CJEU’s Schrems II Judgment: One Step Forward, Two Steps Back?
Authors: Ronco Emmanuel , Gerlach Natascha , Farmer Natalie
Published: March 2022

EDPB, GDPR, Schrems, CJEU, data transfers, Privacy Shield
Data Protection in Mexico: One Right, Two Systems, Different Protections and Uncontrolled Data Breaches
Authors: Guzmán-Rodríguez Héctor E.
Published: March 2022

To obtain a complete understanding of how data protection laws apply in Mexico, readers must start with the following fact: There are two main data protection laws in Mexico. One applies to companies and individuals processing personal data for non-household activities, the other provides the framework that all Mexican States shall follow to regulate data processing by public entities identified as ‘sujetos obligados’ or ‘obligated subjects’. Even when both laws regulate ‘data protection’ in a very similar way, a close look into them reveals that they provide different rights to data subjects and different obligations for data controllers. As we will indicate, this situation may lead to problems on the differentiated protections and obligations when citizens’ rights are processed by two types of data controllers that otherwise should not have different obligations when processing this information.

Mexico, Data Protection, Data Subjects, Portability, Impact Assessment, Breach, Security
Public Access to EU Institution Documents: An Introduction
Authors: Driessen Bart
Published: March 2022

The law and practice on public access to documents continues to evolve. This paper provides an overview of the main rules and case law, whilst focusing on those aspects most relevant to legal practitioners.
Harmonized System in Developing Countries
Authors: Weerth Carsten
Published: March 2022

More than 200 countries and economic regions worldwide are using the nomenclature of the Harmonized Commodity Description and Coding System (Harmonized System Convention: HS) and are basing their customs tariffs thereon. The number of HS headings (four–digit code) and HS subheadings (six–digit code) is altered every four to six years, when the nomenclature is revised and updated due to changes in trade patterns and technical development (HS 1988, HS 1992, HS 1996, HS 2002, HS 2007). More gaps are emerging within the nomenclature and 34 headings will not be in use in the HS 2007 for the next four to six years. This article examines the application of the nomenclature within developing countries, since these are allowed to adopt older versions of the nomenclature.
WTO Dispute Settlement with Respect to Customs Matters
Authors: Rovetta Davide , Rovetta Davide , Rovetta Davide
Published: March 2022

Finding Belgian chocolates in Papua New Guinea is perhaps the perfect example of globalization and trade liberalization, but the whole web of trade issues behind the curtains is what puts to test the trading order established under the World Trade Organization(WTO). The General Agreement on Trade and Tariffs 1994 (hereinafter ‘GATT 1994’) inherited the detailed framework for trade in goods based on the tripod of bound tariffs and the non–discriminatory application of tariff protection by way of the most favoured nation (MFN) principle and national treatment obligations. The only GATT–permissible protection is customs duties although there are other ‘business’, ‘non–business’, and ‘institutional’ exceptions to GATT.2 The complicated schematics of the application of customs duties have been the source of several disputes between the WTO members. This article examines certain customs issues and related disputes as also the tariff classification disputes that have arisen before the WTO dispute settlement body.
Survey on Free Trade Agreements and Customs Unions
Authors: Weerth Carsten
Published: March 2022

From 1948 to 1994, the General Agreement on Tariffs and Trade (GATT) Secretariat received 124 indications of Regional Trade Agreements (RTAs) relating to the trade in goods, and since the creation of the World Trade Organization (WTO) in 1995, more than 240 additional RTAs (covering trade in goods and services) have been notified to the WTO. Since 1990, the number of RTAs indicated to the GATT/WTO Secretariat concerning the trade in goods has risen strongly.

A World Customs Organization (WCO) survey on the existing Free Trade Agreements (FTAs) and Customs Unions (CUs) in the trade of goods has been published in September 2008.

This paper shows the major findings of the WCO survey and puts them into a wider WTO/GATT picture.
BTI: Advance Tariff Classification Rulings in the EC
Authors: Rovetta Davide , Rovetta Davide
Published: March 2022

Binding Tariff Information (BTI) is probably the most known and used system of advance ruling in tariff classification matters. It contributes to guarantee the security and predictability of tariff classification decisions by the European Union (EU) customs administrations protecting economic operators and their legitimate expectations while and at the same time facilitating trade. However, as it happens with other issues related to tariff classification, BTI is governed by a set of legislative, administrative, and soft-law rules that are complex and need to be well known by those advising companies and economic operators.
China’s Non-state Enterprises and Anti-Dumping Practices: A Perspective
Authors: Yu Yanning
Published: March 2022

This paper discusses and analyses China’s non-state enterprises and the severe challenges they face in responding to overseas anti-dumping investigations. It begins by presenting a general overview of China’s non-state enterprises in its trade regime. It then moves to address and analyse anti-dumping challenges that China’s non-state enterprises have encountered in the past. It further discusses some issues regarding anti-dumping laws and policies adopted by China’s major trading partners against Chinese exports and their impact on China’s non-state enterprises. The paper concludes that more intensive efforts should be made by governments, enterprises and other national and international organizations to construct a more balanced synthetic system to prevent and control the occurrence of dumping. Such a system should not focus on how and what measures should be undertaken after the occurrence of dumping and thus trying to prosecute (for the importing country) or fight the case (for the exporting country or respondents) but should assist these enterprises in transferring from a price-oriented competition to a product quality or technology-oriented competition. This will not only facilitate China’s own domestic reform in economics and trade but will also, in turn, play a constructive role in promoting stability and growth in the world trading system at large.
Australian Free Trade Agreement/Anti-dumping Clauses: Fair Trade or Anti-competitive Provision
Authors: Wisuttisak Pornchai
Published: March 2022

The anti-dumping clause on free trade agreement is originated as the remedy for protecting fair and competitive international trade. However, the clause can also be deviated to be the instrument of trade protection and the impediment of market competition. This article attempts to focus on the anti-dumping clause for Australian free trade agreement in this regard. It examines how anti-dumping may lead to anti-competitive behaviours, international cartels, and negative effect for consumer interests. It then discusses the conflict between the anti-dumping and competition law. The article proposes the possible solutions on short-and long-term basis to resolve the conflict
The NME Status of the Republic of Moldova and the Market Economy Status of Ukraine and Russia: A Political Decision of the European Union and Its Implications within the WTO Legal Framework
Authors: Popescu Liliana
Published: March 2022

This paper addresses the treatment of the Republic of Moldova as a Non-market Economy (NME) country. When compared to the Market Economies of Russia and Ukraine, according to comparative data provided by the Heritage Foundation, Index of Economic Freedom 2009, the Republic of Moldova ranks much higher than these countries. In the view of the European Union, Moldova is considered to be an NME but questions remain as to whether the granting of Market Economy status by the Commission is rather more political than based on economic performance. Using various comparative data, this paper clarifies the political reasons for Russian and Ukraine Market Economy status and explains the possible political motives behind Moldova’s NME status.
Risk Management for Multinational Corporations: Sentencing Guidelines Proposals Reflect Evolving Compliance Norms
Authors: Husisian Gregory
Published: March 2022

In recent years, the U.S. government has become increasingly aggressive in enforcing U.S. laws designed to regulate international conduct of multinational corporations. As a result, multinational corporations face multiplying compliance concerns as they seek to comply with U.S. sanctions and antimoney laundering requirements, export control rules, and the Foreign Corrupt Practices Act (FCPA). In this article, the author develops the proposed amendments and their implications for multinational corporations attempting to manage the risks posed by these complicated and nuanced laws.
Customs Violations and Penalties in Europe: Harmonization on the Horizon?
Authors: Anaboli Panayota
Published: March 2022

Customs legislation is made exclusively at the EU level, while its enforcement is exclusively a function of the Member States. Despite differences in law enforcement structures, all EU Member States have the same responsibility to enforce EU legislation. Differences may therefore arise in the treatment of customs offences and their penalties at the Member State level, which may generate extra costs for companies operating in more than one Member State. In addition, it is not only the risk of financial loss, but there is also the risk that of a loss of good standing with customs (such as status as Authorized Economic Operator (AEO), for example), resulting in imports being subject to closer scrutiny and a correspondingly slower clearance process, thus increasing the cost of doing business. At the same time, Member States are seeing less revenue from imports as a result of the downturn and may seek other ways to generate new revenue. Hence, enforcement authorities may focus on finding noncompliance with customs regulations and assess additional duties and taxes. In both cases, compliance issues are growing more important than ever. It is therefore appropriate to consider recent developments such as the modernization of customs legislation, the introduction of electronic customs, and the Lisbon Treaty to address the need to harmonize customs penalties regimes. This requires an analysis of the question of customs penalties, briefly referring to previous attempts of harmonization, taking into account the new institutional and legislative context, and finally reflecting on possibilities for action under the Lisbon Treaty to achieve the approximation of the European customs penalties regime.
Growing Foreign Investment and Regulatory/Policy Risks Facing High Technology Innovations
Authors: Kogan Lawrence A.
Published: March 2022

High technology innovators and investors operating in the life sciences, clean energy, and information and communication technology (ICT) sectors face complex economic and legal uncertainties compounded by regulatory and policy risks during the course of guiding an innovative concept from its research and development through product testing and commercialization stages that will be indicative and determinative of economic value assigned to said technology in a given domestic or foreign marketplace. This assessment of value is directly dependent on local jurisdictions maintaining established rules of law and related standards that recognize and robustly enforce exclusive intellectual property rights without disruptive or excessive limitations and/or restrictions. An increasing number of developing countries aspire to become twenty-first century knowledge economies by seeking to recharacterize international law in a manner that enables the conversion of high technology patents and trade secrets fromprivate to public goods. These countries have promoted the establishment of regimes to achieve this objective, principally compulsory licensing and interoperability frameworks that express or compel government procurement preferences for nonproprietary and/or royalty-free patented technologies emplaced within regional, national, and/or international technology standards. Beyond recourse to public international law remedies, companies and investors may also take private initiatives to mitigate the inherent regulatory and policy risks on company financial performance. Such initiatives include internal structural vigilance, wide external diligence, and carefully crafted communications with individuals and organizations, both public and private. This effort is predicated upon astute monitoring and analysis of relevant events in international and national fora discussing these issues.
Comments on the U.S.-Cuban Embargo
Authors: Berlack Evan R.
Published: March 2022

The U.S.-Cuban economic embargo has been maintained for more than 50 years, having been imposed in 1951 in the aftermath of the Bay of Pigs. It is, and has been during this period, the most comprehensive and stringent of all U.S. embargoes. Yet, Cuba has never posed a military let alone economic threat to the U.S. This paper will analyze the reasons why I believe the Cuban embargo is wholly anomalous and deserves to be terminated or at least substantially modified by this administration. I will first review the existing components of the embargo including those that the Obama Administration has slightly liberalized. I will then compare our embargo policy against that of Cuba with the absence of such a policy directed at Vietnam, a country that bears many characteristics similar to those we see in Cuba. Finally, I will draw some conclusions and make suggestions for the future course of U.S.-Cuban relations
A Layman’s Guide to Bringing Goods Out of the EU
Authors: Lux Michael
Published: March 2022

This article describes the EU rules on bringing goods out of the EU, taking into account the new provisions on pre-eparture or pre-loading declarations, some of which have become mandatory on 1 July 2009 and the others, on 1 January 2011.
Some Thoughts about European Communities and Its Member States: Tariff Treatment of Certain Information Technology Products
Authors: Rovetta Davide
Published: March 2022

The recent report of the Panel in the so-called Information Technology Agreement (ITA) case raises interesting interpretative issues with regard to the relationship between Article II of the GATT 1994 and tariff classification laws. Instead of creating predictability in the development of WTO case law, it creates more legal issues than it resolves. Of course while such delicate and borderline interpretative issues make lawyers very happy, perhaps policy makers and traders should be less happy. The fact that Article II GATT claims related to the schedules of concessions mix up WTO law with tariff classification laws renders such kinds of disputes extremely complex. The ITA Panel tried to find a simple solution to such difficulties, but it is argued that, by doing so, it nullified treaty language.
Section 337 by the Numbers: Trends in IP Enforcement at the US International Trade Commission
Authors: McManus Michael
Published: March 2022

Many intellectual property mega cases concerning allegedly infringing goods imported into the United States end up in front of the United States International Trade Commission. Past investigations include billion dollar tech cases between global powerhouses like Nokia, Qualcomm, RIM, Samsung, LG, Sharp, HP, and many others. Despite the economic significance of these cases, there is a relative dearth of statistical analysis of recent trends. This article seeks to supply such information by an analysis of every section 337 complaint filed in the calendar year 2009 (the most recent year for which most investigations have been resolved).
The Effectiveness of Anti-Dumping in Trinidad and Tobago
Authors: Mahabir-Charles Beverly
Published: March 2022

The effectiveness of anti-dumping as a trade remedy in Trinidad and Tobago is examined from the perspectives of interested parties, including the producer, the importer, the foreign exporter, the consumer, and the Fair Trading Unit. The law could be more effective if specific challenges were addressed, namely issues related to the collection of evidence to formulate a complaint (especially normal value and export price); the proper completion of questionnaires; the lack of financial resources, technical expertise, public awareness, and cooperation by relevant parties; and the constraints under which the Fair Trading Unit operates. The Fair Trading Unit must take the recommendations of the interested parties into consideration and ensure that proposals are developed and incorporated into the Act and Regulations, including proposals such as realistic timeframes; accessibility to documents; financial assistance; the simplification of questionnaires, consultations prior to investigation; increase public awareness; the development of technical expertise; the establishment of linkages; and the revisiting of the Act and Regulations. Only then would the anti-dumping regime be regarded as an effective trade remedy in Trinidad and Tobago.
So Many Feathers on the Scale: Whether and How to Voluntarily Disclose Violations of U.S. Export Controls and Economic Sanctions Laws
Authors: Matheny III Richard L.
Published: March 2022

The export control and economic sanctions laws are a minefield for U.S. companies that export products and engage in other forms of cross-border transactions. Mistakes are common, even for diligent, well-intentioned exporters.

The company suspecting it has exported an item or technology outside of compliance with these complex laws must consider whether to disclose the violation to the relevant federal agency. Although usually not required by law, a voluntary disclosure can be advisable for many reasons, including avoidance or mitigation of penalties.

But two things are true about the vast majority of violations: Most do not remotely threaten the national security of the United States and most are unlikely to be independently discovered by the enforcing agency. The would-be discloser is justified in wondering what is the merit-for the company and for the national security-in making a disclosure. In addition, where the company does decide to disclose, it confronts a host a questions, including what should be disclosed, how, to whom, and when to make the disclosure.

This article considers these questions in the context of the three primary U.S. export-control and economic sanctions laws: the International Traffic in Arms Regulations (ITAR), administered by the State Department's Directorate of Defense Trade Controls (DDTC); the Export Administration Regulations (EAR), administered by the Commerce Department's Bureau of Industry and Security (BIS); and the economic sanctions regulations administered by the Treasury Department's Office of Foreign Assets Control (OFAC).
Rapid Response by the Respondent: The Key to Successfully Defending a Section 337 Case at the U.S. International Trade Commission
Authors: McManus Michael , Sweetland III Rodney R.
Published: March 2022

This article examines successful defense against a proceeding at the U.S. International Trade Commission (''ITC'') under section 337 of the Tariff Act. The principal recommended strategy is decisiveness: a speedy reaction at the inception of the proceeding facilitates a determination on the merits, rather than one resulting from the advantages possessed by a prepared complainant. In examining a successful defense the article provides an overview of section 337 proceedings suitable for a sophisticated consumer of legal services who is otherwise unfamiliar with ITC litigation.
Related Parties and Customs Valuation: Guidance Derived from the Panel Report Thailand-Cigarettes
Authors: Piérola Fernando , Diaz Gavier Patricio
Published: March 2022

This article examines the customs valuation control process in the light of recent developments in WTO case law. It focuses on a situation where Customs doubts the validity of a declared transaction value between related parties.
Antidumping Proceedings and Zeroing Practices: Have We Entered the Endgame?
Authors: Nedumpara James J.
Published: March 2022

'Zeroing', the practice of setting to zero negative dumping margins in antidumping investigations, has been a contentious issue in the WTO for well over a decade. Members including the United States argued that GATT 1994 and the WTO Agreement on Antidumping did not outlaw such a practice. The WTO panels in certain cases have accepted this point of view, but the WTO Appellate Body was unambiguous in holding that the zeroing practice was untenable in most of its current manifestations. The differences of opinion of the panels and Appellate Body on zeroing have tempted many to believe that this issue could potentially escalate to affect the WTO system. That zeroing has moved beyond the realm of a complicated mathematical calculation or interpretation of a few provisions of the GATT and the WTO Antidumping Agreement has been accepted by many. However, will it snowball into a major crisis? It seems unlikely, argues this article, as the principal user of 'zeroing', that is, the United States has almost exhausted its defence in support of continuing with this practice and the Appellate Body has clearly indicated that there is no real gain in rehearsing the fine points of treaty provisions. This article argues that it will be virtually impossible for members such as the United States to re-agitate the issues in future disputes although they can argue that it strikes at the root of the retrospective system of duty collection in the way in which such countries administer such systems. The United States can, at best, use the panel and the Appellate Body process to buy some more time to make necessary reforms in their domestic law to conform to the zeroing prohibition. However, the future zeroing disputes will be 'lame duck' disputes and are unlikely to involve much discussion of any substantive arguments. It seems that the long drawn out controversy on zeroing is coming to a close.
WTO Case Analysis, Suggestions and Impacts: China  Measures Related to the Exportation of Various Raw Materials
Authors: Peng Junlei , Cunningham Nathan W.
Published: March 2022

Current WTO dispute, China - Measures Related to the Exportation of Various Raw Materials, brings about a series of queries on the consistencies of China's export restrictions on minerals with WTO rules. This dispute may trigger much more similar trade frictions such as China's restrictions on rare earth exports and increase instability of the world trading system. This article provides a detailed and deep study on the compatibility of China's measures at issue with Articles VIII, X and XI of GATT 1994 and relevant provisions in WTO accession documents in complainants' arguments and GATT 1994 Article XX (b), (g) and the chapeau in China's counterarguments. As solutions to this dispute and reference to resolve similar frictions, this article suggests China to increase the transparency and uniform administration of trade regulations, administer the fees and formalities regarding export restrictions in a more neutral and rational way and enhance domestic mining regulations.