bluuebunny/crossref_metadata_2025 huggingface dataset:
Proposed Solutions to Address the Challenges of Medical Waste Management in Health Facilities in Kamukunji Sub-County, Nairobi City County, Kenya
Authors:   Kenya Methodist University, Mbuvi Caxton , Kyulu Teresia ,   Kenya Methodist University, Makobu Kimani ,   Kenya Methodist University
Published: March 2022

Medical waste management in Kenya has been greatly affected by the country's elevated production levels. The majority of medical facilities do not have an extensive medical waste management system, or if they do, they do not handle waste thoroughly, and therefore is detrimental to humans and the environment. This research focuses on health facilities’ management of medical waste in Kamukunji sub-county, assessing the specific problems of medical waste management in that area. This was a study focusing on healthcare workers, their working conditions and habits. This study was an analytical cross-sectional study design. Multistage sampling methods for the selection of 10 health facilities and 141 study participants. The R square was 0.746, indicating that medical waste management was harmed by a lack of funding, insufficient logistics, a lack of disposal sites, and a lack of understanding. This demonstrated a 74.6 percent variance in healthcare waste management due to a lack of funding, insufficient logistical supply, a lack of disposal site, and a lack of awareness. The remaining 25.4% implies that there were additional issues affecting the healthcare waste management systems of the ten health facilities evaluated. By explicitly identifying a given color with a certain category and its accompanying hazard, segregation aids to make waste processing safer. During the research period, Pumwani Maternity Hospital generated the most medical waste (80Kg) and Bahati Health Center generated the least (15Kg). The study concludes that periodic updates in medical waste management are necessary, as is refresher training for healthcare professionals and waste handlers. Additionally, it is advised that each health care facility have a safe and hygienic system in place for the handling, segregation, c collection, storage, transportation, treatment, and disposal of medical waste. All health facilities in Kenya, the study states, should adhere to the National Policy on Injection Safety and Medical Waste Management (2007). The 2007 strategy aims to emphasize the need of advocating for both the support and execution necessary to adequately manage healthcare waste. Keywords: Medical waste generation, health risks, medical waste management solutions, challenges of medical waste management, health facilities
Quantitative Exposure Assessment to Vibrio cholerae through Consumption of Fresh Fish in Lusaka Province of Zambia
Authors:   The University of Zambia, School of Veterinary Medicine, Malata Mulenga , Bwalya Muma John ,   The University of Zambia, School of Veterinary Medicine, Siamate James S ,   The University of Zambia, Bumbangi Flavien N ,   The University of Zambia, Hang’ombe Bernard M ,   The University of Zambia, Mumba Chisoni ,   The University of Zambia, School of Veterinary Medicine
Published: March 2022

Fresh fish is one of the widely consumed sources of proteins in Zambia. Consumption of contaminated fresh fish has been linked to zoonotic transmission of diseases in humans as fresh fish harbors several spoilage bacteria and pathogens including V. cholerae which cause cholera in humans. This study aimed to conduct a quantitative exposure assessment to Vibrio cholerae through consumption of fresh fish in Lusaka Province of Zambia. We used Swift Quantitative Microbial Risk Assessment (sQMRA) model to estimate the risk of exposure. We obtained data from reviews of scientific literature, government reports, questionnaire survey, and expert opinions. We categorized fish consumers using three risk pathways; restaurants, households with low socioeconomic status, and households with high socio-economic status. Results revealed that at a serving portion of 100g in households with low socioeconomic status, a concentration of 50 cfu/g, and infectious dose 50 (ID50) of 106 cells, one person out of 2,251,898 population at risk would get ill, representing a probability of 4.4x10-7. At a serving portion of 200g in households with high socioeconomic status, a concentration of 330 cfu/g, and ID50 of 106 cells, 13 people out of 2,251,898 would get ill, representing a probability of 5.7x10-6. At an average serving portion of 200g in restaurants, a concentration of 50 cfu/g, and ID50 of 106 cells, 47 people would get ill, translating to a probability density of 2.02 x 10-5. These results indicate that the risk of exposure to Vibrio cholerae through the consumption of fresh fish among the population at risk in Lusaka Province of Zambia is extremely low through all risk pathways. Cross-contamination during preparation and consumption is the main source of exposure to the Vibrio cholerae. Therefore, improvement in good food safety handling and processing would further minimize the occurrence of foodborne illnesses.
ULUSLARARASI SÖZLEŞMELERDEN ÇEKİLMENİN ANAYASAL ESASLARI VE BAŞLICA TARTIŞMALAR
Authors: ŞİRİN Tolga , ORCAN Necdet Umut
Published: March 2022

Türkiye’de uluslararası sözleşmelerden çekilmenin hukuki usulü, bu konudaki anayasal sessizliğin de katkısıyla oldukça belirsizdir. Bu belirsizlik, özellikle 2021 yılı Mart ayında Cumhurbaşkanı kararıyla İstanbul Sözleşmesi’nin “Türkiye açısından feshedilmesiyle” daha da görünür olmuştur. Bu kararın ardından, söz konusu Cumhurbaşkanı kararının hukuka aykırılığına dair çok sayıda sav ortaya atılmıştır. Bu savlarda en çok dikkat çeken noktalardan biri, kararın neden hukuka aykırı olduğunu açıklarken sunulan gerekçelerin birbirlerinden ne denli farklı olduğudur. Bu çalışmada, Türkiye’de uluslararası sözleşmelerden çekilmenin doğru usulünün ne olduğu sorusu ele alınmaktadır. Çalışma ilk bölümde uluslararası sözleşmelerden çekilme usulü konusunda uluslararası hukuk ve karşılaştırmalı hukuktaki başlıca düzenlemeleri incelemektedir. Bu bölümde ayrıca ulusal hukuka ve uluslararası hukuka uygun, ikisine de aykırı, ilkine uygun ama ikincisine aykırı, ve ikincisine uygun ama ilkine aykırı çekilmelerin hukuki sonuçları örnekler çerçevesinde incelenmektedir. İkinci bölümde önce İstanbul Sözleşmesi’nden çekilme kararıyla başlayan tartışmada öne sürülen başlıca savlar incelenmekte, ele alınan savların hiçbirinin tam anlamıyla isabetli olmadığı öne sürülmektedir. Sonra Türkiye’de uluslararası sözleşmelerden çekilmenin hukuki usulüne dair yazarların görüşü açıklanmaktadır. Yazarlar uluslararası sözleşmelere katılma ve çekilmelerin, sözleşmelerin ilgilendirdiği alanda bir düzenleme yapmak olduğuna vurgu yapmaktadır. Dolayısıyla bir sözleşmeden çekilme usulünün yasama ve yürütme erklerinden hangilerince düzenlenebileceği sorusuna verilecek yanıt, çekilmeyle düzenlenen alana göre değişmektedir. Çünkü Anayasa, yasama ve yürütme erklerinin düzenleme yapabileceği alanları ayırmıştır. Yazarlara göre usulü Cumhurbaşkanı kararnamesiyle (“CBK”) belirlenmiş bir çekilme, yalnızca Anayasa’nın yürütme tarafından düzenlenmesine olanak verdiği alanları düzenleyen sözleşmeler açısından hukuka uygundur. Temel hak ve özgürlüklerin sınırlanması niteliğindeki çekilmelerin usulü Anayasa’nın 13’üncü, düzenlenmesi niteliğindeki çekilmelerin usulü ise (sadece sosyal hak ve özgürlükleri düzenleyenler hariç) Anayasa’nın 104’üncü maddesi gereği CBK ile düzenlenemez.
SPONTANE İZOMORFİZM PERSPEKTİFİNDEN BAKAN YARDIMCILIĞI VE MÜSTEŞARLIK POZİSYONLARININ KARŞILAŞTIRMALI OLARAK DEĞERLENDİRİLMESİ: TÜRKİYE ÖRNEĞİ
Authors: COŞKUN Yusuf , YORGANCIOĞLU Cemal
Published: March 2022

Kamu sektörü örgütlerinin genellikle ticari firmaları ve kâr amacı gütmeyen kuruluşları yapı bozuma uğrattığı görülse de devlet kurumlarının kendileri sadece ara sıra kurumsal baskıların öznesi olarak incelenmiştir. Bu çalışmada Cumhurbaşkanlığı Hükûmet Sistemi’ni, kurumsal izomorfizm kuramına dayalı uygulamalarını, zorlayıcı izomorfizm, mimetik süreçler ve normatif baskılarla ele alarak inceleme ve Türkiye’deki değişen bakanlık idari uygulamalarını göz önünde bulundurarak ‘bakan yardımcılığına’ uygun bir uyum modeli bulma amaçlanmaktadır ve çalışmanın metodolojisinde nitel bir yaklaşım kullanılmıştır. Sonuç olarak bakan yardımcılığını modellemek için ne mimetik, normatif izomorfizm ne de zorlayıcı izomorfizm yeterli değildir. Bunun yerine çalışmada ‘spontane izomorfizm’ (Sağsan ve diğ., 2011) kavramı kullanılmıştır.
TACİRİN TÜKETİCİ SIFATI SORUNU
Authors: BAL Yakup
Published: March 2022

6502 sayılı Tüketicinin Korunması Hakkında Kanun’da tüketici ve tüketici işlemi tanımlarının yeniden yapılması ve eski Kanun’da bulunmayan, tüketiciye yönelik uygulamaların da kapsama dâhil edilmesi ile birlikte Kanun kapsamı oldukça genişlemiştir. Bu durum uygulamada bazı sorunlara sebebiyet vermiştir. Bu sorunlardan biri de tacirin tüketici sayılıp sayılamayacağı ve eğer sayılacaksa hangi durumlarda tüketici olarak nitelendirileceği sorunudur. Zira bir yanda Türk Ticaret Kanunu’nda tanımlanan ticari iş ve ticari iş karinesi ile öbür tarafta Tüketicinin Korunması Hakkında Kanun’da bütün gerçek ve tüzel kişileri kapsayacak şekilde yapılan tüketici tanımı birbiriyle çelişen iki hüküm olarak karşımıza çıkmaktadır. Bu çalışmada bu soruna çözüm aranmıştır.
National Profile of Teacher Perceptions of Teaching and Learning in Modern Band Programs in the United States
Authors: Knapp David H. , Powell Bryan , Smith Gareth Dylan
Published: March 2022

Following more than half a century of resistance to popular music in the classroom, modern band programs have proliferated in the United States since the early 2000s. Supported in part by the music education nonprofit Little Kids Rock (LKR), proponents of modern band aim to engage more students in school music and to support creative, student-centered music-making. The present study examined responses to the 2019 LKR end-of-year teacher survey and found that program participation has grown substantially in recent years, but is concentrated in a few urban areas. Teachers perceived that modern band expanded access to music education by engaging more students while also making themselves more committed to the teaching profession. With respect to student learning, teachers perceived that modern band allowed for nonmusical outcomes, including academic motivation and the creation of classroom social bonds. To a lesser extent, teachers perceived that students achieved creative outcomes, such as composition and improvisation.
Awake Percutaneous Fixation for Unstable Fractures of the Spine in High-risk Patients: A Retrospective Study
Authors: Valero-Moreno Eduardo , Kaplan Leon , Bineth Noa , Cohen Jose , Schroeder Josh E.
Published: March 2022

Introduction:

Unstable fractures in sick or elderly patients are on the rise. These patients who are at high risk for surgery present a challenge for surgeons and anesthesiologists. In patients with American Society of Anesthesiologists (ASA) scores 3 to 4, the risk is even higher because of the high rate of intraoperative complications.

Methods:

All patients with ASA scores 3 to 4 who presented with unstable fractures of the spine to a level-one trauma center were assessed, and they underwent awake spinal percutaneous fixation, with mild sedation and local anesthesia. Demographics, radiology, and the outcome were collected.

Results:

Nineteen patients were operated between the years 2019 and 2021. Average follow-up was 12 months (range 8 to 24 months); six patients were female and 13 males. The average age was 77.7 years; the ASA score was 3 to 4 in all patients. There were 10 extension-type injuries, six unstable burst injuries, two chance fractures, and one teardrop fracture. All patients underwent unilateral fixation, and just one patient underwent bilateral fixation; cement augmentation was done in 16 of the patients. No neurologic complication was observed. One case of infection presented 4 months after surgery. All patients were discharged ambulating.

Conclusions:

Awake fixation in extreme cases is safe and feasible; a dedicated team including an anesthesiologist and radiologist is needed to treat these cases safely and quickly.
Refined mechanical and mathematical model of an elastic half-plane
Authors: Akhazhanov Sungat , Baltabai Daniyar , Nurlanova Bayan
Published: March 2022

Loads cause vertical movements of the foundations of all the structures. Their magnitude determines the building safe operation. A closed analytical solution to the problem of the linear elastic theory for the distribution of stresses and strains in a homogeneous isotropic elastic foundation has been presented. The article considers the calculation of the stress-strain state of an elastic half-plane by the method in displacement functions. The theory of calculating an elastic half-plane has been built. New formulas have been are found that determine displacements and stresses at any points of an elastic foundation. An example of calculating an elastic half-plane under the action of a normal and tangential loads has been given.
Knowledge Mobilization in the Canadian Naturopathic Community
Authors: Aucoin Monique , Newton Genevieve , Cooley Kieran
Published: March 2022

The process of applying new scientific knowledge to clinical decision-making is critical for the provision of optimal healthcare delivery; however, this process is often slow or inconsistent. Knowledge mobilization is the iterative and bidirectional process that involves the generation, dissemination, and translation of knowledge between researchers and knowledge users. Incorporation and application of knowledge mobilization in health care is being increasingly recognized across all fields, including naturopathic medicine. This review explores generally employed knowledge mobilization approaches. Additionally, it summarizes the knowledge mobilization strategies currently being used by the Canadian naturopathic profession and makes recommendations on the strategies which might be used in the future to bridge the gap between research evidence and clinical practice.
European Communication and Cooperation (‘CoCo’) Guidelines for Cross-border Insolvency Proceedings
Authors: van Nielen Willem J.B.
Published: March 2022

In this contribution Willem van Nielen discusses the non-binding European Communication and Cooperation Guidelines for Cross-border Insolvency Proceedings, also known as the ‘CoCo’ Guidelines, that offer guidance on the application of the EC Insolvency Regulation.
The Liability of the Dutch Financial Supervisors in an International Perspective
Authors: de Kezel Evelien
Published: March 2022

Ms De Kezel presents the results of an investigation, conducted by researchers from the University of Utrecht and the University of Amsterdam, concerning liability risks for the Dutch financial supervisors vis-à-vis the clients of supervised internationally operating companies.
Financial Services Supervision in the United States: The House of Representatives Has Spoken
Authors: Lybecker Martin E.
Published: March 2022

This is a follow-up on Lybecker’s article in ECL Volume 6, Issue 5, about financial reform in the US. On 11 December 2009 the US House of Representatives approved the so-called Wall Street Reform and Consumer Protection Act of 2009. Although work in the US Senate, in particular by its Committee on Banking, Housing & Urban Affairs, has not yet proceeded as far as the work in the House, this contribution discusses the main features of the Act as approved by the House.
Commentary on the EU Court’s Decision in Audiolux
Authors: van Bekkum Jaron
Published: March 2022

In its Audiolux judgment of 15 October 2009, the EU Court decided that under EU law there is no general principle of equality of shareholders, pursuant to which a shareholder who acquires control of a company would be obliged to also offer to buy the shares of the remaining minority shareholders for the same share price as was paid in the control-acquiring transaction.
Is the EU Taking Shareholder Rights Seriously?: An Essay on the Impotence of Shareholdership in Corporate Europe
Authors: Masouros Pavlos
Published: March 2022

In this article, Masouros critically analyses the Shareholders’ Rights Directive 2007 (‘SRD’). He concludes that the SRD, along with certain other Company Law Directives and the various European national corporate laws, forms a synthesis that falls short of providing shareholders with the full potential of getting their corporate governance voice through within listed corporations.
CSR in Japanese Company Law
Authors: Ueda Junko
Published: March 2022

Business enterprises - and public- service institutions as well - are organs of society. They do not exist for their own sake, but to fulfil a specific social purpose and to satisfy a specific need of society, community, or individual. They are not ends in themselves, but means.

 - Peter F. Drucker
Proposed Collective Redress in Europe in the Perspective of Deterrence of Corporate Wrongdoing
Authors: Hess Yulia
Published: March 2022

In the last years European authorities are exploring the subject of collective redress and its possible introduction on the European level. This article proposes to look at collective redress from the perspective of deterrence, analyses the proposed principles of the European collective redress model and argues that European authorities are at danger of introducing a mechanism which would be underpowered and unable to serve the deterrence function sufficiently.
The Social Cooperative Enterprise in Greece: A Vehicle for the Social and Solidarity Economy
Authors: Kornilakis Angelos
Published: March 2022

The Social Cooperative Enterprise (SCE) was introduced in Greece by Law 4019/2011 as a particular form of civil cooperative with an explicit social purpose. One issue that need to be addressed is that the necessity of a distinct management organ such as the executive board is not always obvious and could prove to be even counterproductive. Also, since a Social Enterprise is not a wealth maximizing vehicle for its members it is clear that the profits should not be distributed to them. Nevertheless the Greek law provides for the possibility to distribute up to 35% of the surplus to the workers, regardless of their member status.
Turbo Liquidation of a Company: An Open Invitation to Commit Fraud?
Authors: Renssen Samantha
Published: March 2022

Nowadays several European legal systems include methods for dissolving companies in an easy and quick way. In the Netherlands, a company can be dissolved without pursuing liquidation proceedings (a so-called turbo liquidation). It seems that only one condition has to be met in order to dissolve a company by turbo liquidation: the absence of assets at the time of dissolution. The question arises whether the current rules and practical use of the Dutch turbo liquidation are an open invitation to commit fraud. This question will be answered by comparing the Dutch turbo liquidation to the Belgian one-day liquidation and the UK voluntary striking off procedure.
Gender Quotas for Corporate Boards: A Comparison Between Belgium and the Netherlands
Authors: Foort-Diepeveen R.A.van 't
Published: March 2022

This article discusses and compares Belgian and Dutch gender quota legislation. In Belgium, a mandatory quota that imposes sanctions for non-compliance was introduced in 2011. From 2013–2020, a target figure (streefcijfer) was in force in the Netherlands. This target figure applied on a comply-or-explain basis with no sanctions for non-compliance. The Netherlands is currently in the process of introducing mandatory gender quota, as the target figure did not yield the desired result of increasing the number of women on boards to the required level. This article discusses the key features of the Belgian mandatory quota and of the Dutch former target figure and proposed mandatory quota. Subsequently, this article compares the Belgian and Dutch quota legislation in terms of introduction of the quota, scope, application, implementation deadlines and sanctions. The analysis of the existing Belgian quota and the proposed Dutch quota legislation reveals that there are some similarities with regard to their application and sanctions. This article concludes with a discussion about what the Dutch legislator can learn from the Belgian gender quota legislation in order to succeed in increasing the number of women on corporate boards in the Netherlands.

gender equality, gender quota, women, corporate law, corporate governance, women on boards
The Importance of ‘Smooth’ Data Usage and the Protection of Privacy in the Age of AI, IoT and Autonomous Robots
Authors: Shimpo Fumio
Published: March 2022

The emerging technologies of AI and autonomous robots are forcing us to consider not only improvements in the development of their industrial use but also further urgent research into the ethical and legal issues. In the future, autonomous robots equipped with AI will become more widespread in our society and such robot acquisition of data may lead to data confidentiality issues which we are not able to solve just by focusing solely on AI-data acquisition issues. This paper focuses on the possibilities of privacy violation and the issues which should be considered related to handling personal data and focuses on an introduction to the Japanese Personal Information Protection Act, the mutual adequacy findings between Japan and the EU, the Data Free-Flow with Trust (DFFT) initiative and future legal discussions about the increasing use of AI. Finally, I will point out the need to both clarify and streamline any related future regulations.

AI, autonomous robots, IoT, Japan, emerging technologies
Customs System in the Twenty–First Century: Theoretical and Empirical Aspects
Authors: Mosiej Gerard
Published: March 2022

Today national customs systems working in the quickly changing environment must react in changes standards of the production and the consumption, growth of the volume, methods and technologies of the international trade, threats of the terrorism, organized cross–border crime or else the breaking of international sanctions (embargoes). In spite of that these phenomena appeared earlier, this the essential novum is their dynamics, spectrum and methods which are disparately greater, wider and more and more complicated than this took place several or a dozen or so years ago. The turn of the century put before national customs systems many of new challenges and dilemmas which caused the revision of views concerning of the meaning customs policy in the economy and the society and also the roles which has (can, should, will be) to fulfil in twenty–first century. Signum temporis of the Customs at the beginning the new millennium is to act between Scylla of the guarantee of closed borders and the effective protection of the state and the society and Charybdis of the providing the methods and instruments, which will not create barriers in the international trade. However, it should be explicite stated, that question security – facilitation is not a dilemma ‘to control or not to control’ (either–or) but touches the problem ‘how to perform it’.
The Legal Relationship between Special Safeguard Measures on Agricultural Products and General Safeguard Measures
Authors: Yilmaz Müslüm
Published: March 2022

The article addresses the question of whether a World Trade Organization (WTO) Member is permitted to simultaneously apply a special safeguard measure under Article 5 of the WTO Agreement on Agriculture (AGA) and a general safeguard measure under Article XIX of the General Agreement on Tariffs and Trade (GATT) 1994 and the WTO Agreement on Safeguards on the same agricultural product. The author argues that such simultaneous application is possible as a matter of law and proposes that the text of Article 5.8 be amended in order to refl ect this. That said, the author also acknowledges that in practice it would be difficult, if not impossible, to demonstrate that the conditions for the simultaneous application of these two measures on the same agricultural product are met.
Statistics, Anti-dumping and the Emperor’s New Clothes
Authors: O'Connor Bernard
Published: March 2022

ECIPE Working Paper No. 02/2009 on ‘Ten years of anti-dumping policy in the European Union (EU)’ has raised a number of interesting issues. It identifies five tendencies based on an empirical examination of the anti-dumping statistics over the past ten years. One tendency identified is that the products targeted by EU anti-dumping actions ‘are concentrated in sectors where European comparative advantage is declining that is, raw materials, industrial input goods and textiles’.

This particular tendency cannot be deduced from the paper itself. In addition, if this tendency is removed, the other tendencies do not seem to show much need for the concerns expressed. They are merely the usual consequences of normal anti-dumping procedures. Thus, the paper’s conclusion that there is a tendency of ‘targeting fair and legitimate market competitors from abroad through anti-dumping protectionism’ is not shown in the paper either.

Like many conclusions based on statistics, the paper fails to exclude, or even examine, other possible causes of the supposed trends identified. Nor does it show why a normal aspect of anti-dumping, such as the fact that the duties imposed are higher than bound duties, is disquieting or even remarkable in any way. In addition, the statistics cited appear to contain factual errors.

This note is a brief commentary on the ECIPE anti-dumping paper. Its purpose is to highlight some of the problems in the approach taken. It shows that the statistical examination of the last ten years of EU anti-dumping practice does not support the bullet points set out in the paper’s abstract section or the conclusions themselves.
The Ralls Case: Why CFIUS and the Court Got It Right
Authors: Neelakantan Usha , Pickard Daniel B. , Daly Nova J.
Published: March 2022

The Ralls Case: Why CFIUS and the Court Got It Right examines the President's determination, based on a CFIUS recommendation, that national security concerns warranted the issuance of a divestiture order of Ralls Corporation's acquired interest in four wind farm project companies in Oregon. The article also reviews the decision of the US District Court in the legal challenge that Ralls brought in response to the President's order. The article argues that the President and CFIUS were right to block the transaction and that the President was within his legal authority to take such action. The article further argues that the court decision affirming the President's authority is, to date, correct.
Why the Potential for Trade Diversion should Be Examined Prior to Considering Setting an Antidumping Duty Lower than the Dumping Margin
Authors: Miranda Jorge
Published: March 2022

This paper argues that, where the potential for trade diversion is significant, the protective effects of antidumping measures are heavily diluted, as in such circumstances imports can be sourced from non-subject countries at prices lower than the price of subject imports inclusive of an AD duty reflecting the full dumping margin. Therefore, investigating authorities in World Trade Organization (WTO) Members where the 'lesser duty rule' is part of domestic legislation should examine whether the potential for trade diversion is significant prior to considering setting an AD duty at a level lower than the dumping margin.
Changes in the Treatment of Trademark Royalties in EU Customs Law: The Example of 3D Printing
Authors: Leys David , Willems Arnoud
Published: March 2022

A careful comparison of the legal framework of trademark royalties for 3D printed objects such as lamps under the Community Customs Code and the Union Customs Code confirms that trademark royalties will become dutiable under the new EU Customs Law regime. The new regime achieves legal certainty, but at a price for importers.
Preferential Origin Disputes: Is the Good Faith Defence under EU Law Being Eroded?
Authors: Muñiz Pablo
Published: March 2022

Under certain circumstances, importers in the EU can invoke the so-called good faith defence when goods imported, pursuant to preferential trade arrangements, which are accompanied by certificates of origin, are later found not to qualify for such preferential duty treatment. The application of the good faith defence is already subject to strict conditions. This article will review whether certain developments, such as, in particular, the replacement of certificates of origin by systems of self-certification of origin, may erode the good faith defence under EU law, and in general what effects such developments may have on this defence.
Accommodating Global Value Chains in the Union Customs Code: Towards Rules of Origin That Better Reflect Business Realities?
Authors: Geraets Dylan
Published: March 2022

The European Union’s new Union Customs Code (UCC) entered into force on 1 May 2016 and contains a number of developments in the field of Rules of Origin (ROO). This article assesses the extent to which recent initiatives reflect calls for change and considers whether the changes these initiatives present sufficiently address the problems associated with the restrictive effect of ROO. This article also assesses the extent to which the UCC takes these concerns regarding ROO into account in its provisions.
Infringements and Penalties in Customs Matters in Spain
Authors: Marsilla Santiago Ibáñez
Published: March 2022

The paper analyses the regime of administrative and criminal offences in customs law matters in the Spanish legal system. Introductory remarks on the constitutional framework on the punitive power of the State are followed by an overview of the general administrative infringements in tax matters that also apply to customs duties. Then the specific administrative and criminal offences in customs law are briefly examined. Finally there is a reference to the applicable criminal offence of fraud to the EU budget.
EU Safeguard Law and Practice: 19952018
Authors: Vermulst Edwin , Vermulst Edwin
Published: March 2022

The EU, like other developed country WTO members, thus far has used safeguard measures only sporadically. Where they have been used, they have been applied in a relatively liberal manner. However, safeguard measures, including those of the EU, are by nature very blunt, particularly if they are applied on a global, first come-first served basis. Furthermore, the application of safeguard measures by the EU tends to have a snowball effect, as happened in 2002 and is now starting to happen again. It is therefore to be hoped that the EU will continue to apply safeguard measures only exceptionally and, when it does so, in a liberal manner. The two – at the moment of writing – ongoing safeguard investigations will provide an indication of the EU’s future trade policy in this regard.
Some Thoughts on Unlocking the Potential of Existing Trade in Services Rules
Authors: Natens Bregt
Published: March 2022

This contribution suggests that EU trade in services remains below its potential, and that trade in services rules are a likely (co )culprit. The rules are highly complex and appear vastly under-used. This suggests that there is a large untapped potential for increasing EU trade in services under the existing rules.

One way to tap into this potential is by leveraging existing trade in services rules, as these seem to contain power that may sometimes be underestimated or underexplored. This contribution points to a few such circumstances.
Rebooting the WTO to Tackle Legitimate Concerns and Ensure Predictability for Businesses
Authors: Dias Anna Claudia C.
Published: March 2022

Recent frictions between major nations over the flow and rules of international trade have led to calls for rebooting the WTO. A major concern in the realm of the global trade crisis relates to the distortions caused by government intervention – Chinese state-owned enterprises being mostly under the spotlight. This concern has accentuated the debate on whether the Appellate Body of the WTO has been exercising judicial activism by filling in gaps and ambiguities deliberately left behind at the time of the Uruguay Round negotiations. There are considerable challenges to be overcome through the more efficient use of the WTO’s three legs. Recent declarations by world leaders give some hope that the negotiating function of the WTO will awaken from its comatose state and that multilateralism will ultimately prevail.
The Criminal Provisions of German and UK Export Control and Sanctions Law
Authors: Rüping Hinrich , Wilke Malte
Published: March 2022

Germany and the UK have been among the strongest supporters of a liberal trade policy within the European Union for decades. At the same time, however, both states have advocated a more or less effective export control policy in the past decades, which usually included economic, humanitarian and security considerations. Notwithstanding the foregoing, this British–German alliance will end with Brexit. As a predictable result of this withdrawal of the UK from the EU, the UK will have to give itself a new export control and sanctions law.

This essay examines a sub-aspect of this area of law. The article focuses on the criminal provisions relating to the German and the UK export control and sanctions laws, since the competence for criminal law relating to foreign trade still lies with the EU Member States. However, the study outlines the similarities between the German and the UK criminal provisions, which are astonishing in view of their different legal traditions. From this it can be deduced that both national legislations are strongly influenced by European law. Moreover, this examination illustrates that this de facto harmonization of this area contributes to the security of all EU Member States. For this very reason it would be desirable if the UK would remain a member of the customs union.
Certification of Origin
Authors: Azzam Mette Werdelin
Published: March 2022

Rules of origin determine the economic nationality of goods in international trade. The lack of harmonized rules of origin as well as the plethora of certification systems can result in barriers to trade. With its different guidelines on origin procedures the World Customs Organization (WCO) is supporting steps taken by its Members to facilitate trade while taking into account the need for customs controls.
China and the Emerging Powers in International Trade Relations: The Future of the Multilateral Trade System, the Role of Free Trade Agreements and New Unilateralism
Authors: Altemöller Frank
Published: March 2022

The shifting trends in trade relations between the major partners indicate that we are witnessing the emergence of long-term changes in international trade policy that extend well beyond current events. Does this development in international trade relations point to a future characterized by conflict, as is suggested by the disputes of the US with China and the European Union – a future informed by aggressive unilateralism and a retreat from international law and multilateral cooperation?

At the time of the founding of the World Trade Organization in the mid-90s and the considerable achievements around multilateral trade system liberalization brought about through the new WTO treaty texts, the implications posed by the emerging states were somewhere off in the still distant future. In the course of rapid development, we have now reached that future, and we have a clearer view of the actual form it takes. It raises the question of how the global power balance will unfold in the face of the continuing growth in the importance of Asia, in particular China, and the concurrent relative loss of importance of the West. And does the currently observed rise in unilateralism point to a future in which the previous model of a liberal trade order can no longer be maintained, and in which multilateral structures are increasingly replaced by forms of an alternative trade policy?

This article explains the striking movements in trade policy as being intimately related to overarching changes in the overarching world order: The changes in trade policy strategies are evolving as a response to global changes in the competitive environment, in which the emerging powers are gaining importance not only economically but politically and geopolitically as well. This is the background against which the author will discuss the perspectives of the shifting international trade regime, which simultaneously expresses an ever more clearly defined reorganization of transnational relations.
The New Paradigms for the Rule of Origin in México
Authors: Uruchurtu Gustavo A.
Published: March 2022

One of the main tools for the operation of the Free Trade Agreements (FTAs) are the Rules of Origin that allow exporters to be able to take advantage to the preferential tariffs. In the case of a Mexico, such rules were inserted in our legislation firstly, as a result of the North America Free Trade Agreement (NAFTA) and from there after by other trade agreements, and secondly as a tool for exempting the application of dumping duties, principally those applied to China. Mexico has undergo through a process of signing new FTA s as the Comprehensive and Progressive Trans-Pacific Partnership Treaty, as well as the modernization of NAFTA that resulted in the United States, Mexico and Canada Agreement (USMCA) and the FTA with the European Unión. The former has provided for a new rule of Origin in the automotive industry that were the core of the negotiations which turned free trade into a trade administration Trade Agreement. In this article I analyse briefly the rules of origin in such agreements.

USMCA, NAFTA, Automotive, CPTPP, Chemicals; Focused Value Method, FTA EU
Judgment of the Court of Justice in Case C-461/18 P Changmao v. Distillerie Bonollo and Others
Authors: Rusche Tim Maxian
Published: March 2022

In Case C-461/18 P Changmao v. Distillerie Bonollo and Others, the Court of Justice of the EU clarified the conditions under which the EU industry and EU producers can challenge a regulation imposing anti-dumping duties, where they consider that those duties are set too low. Contrary to the analysis proposed by the Advocate General, the Court of Justice does not recognize a ‘right to an imposition of an anti-dumping duty’. Rather, it bases direct concern on the specific role the Union industry plays in the administrative procedure. The Court also clarifies the effects of annulment: Where the EU Courts annul a regulation terminating an interim review, the effect of annulment is that the duty as originally imposed applies. Finally, the Court also adopts a very narrow interpretation of the notion of ‘change in circumstances’ pursuant to Article 11(9) of the basic Regulation.

Standing before the EU Courts, Direct Concern, Standing of EU Industry, Implementation of judgments, Interest in bringing an appeal, Effect of annulment, Change in circumstances, No right to antidumping duty, Judicial control under Article 13 World Trade Organization Antidumping Agreement (WTO ADA), Interpretation in conformity of EU primary law
Intellectual Property-Related Local Content Requirements in International Trade Law: An Evolving Concept Amid Persisting Questions
Authors: Gagliani Gabriele
Published: March 2022

Despite the challenges they pose under international trade law, recent discussions and cases at the World Trade Organization (WTO) demonstrate that local content requirements (LCRs) have enjoyed continued success among both developed and developing countries. This article focuses on a specific type of LCRs, intellectual property-related LCRs (IP-related LCRs). The article argues that the concept and related regulation of LCRs concerning IP rights have undergone a remarkable evolution under international trade law. The notion and regulation of IP-related LCRs, in particular, have changed from the 1883 Paris Convention on the Protection of Industrial Property (Paris Convention) and the 1886 Berne Convention on the Protection of Literary and Artistic Works (Berne Convention) to the General Agreement on Tariffs and Trade of 1947 and, later, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) and other Agreements at the WTO. Indeed, while the Paris Convention and the Berne Convention are still in force, the General Agreement on Tariffs and Trade (GATT) 1947 and the WTO Agreements have reframed the debate and implications of IP-related LCRs. Nevertheless, some questions on what is permissible under international trade law remain open at the WTO. Given LCRs continued success, some clarifications on their consistency with WTO law may be further needed.

Local Content Requirements (LCRs), Agreement of Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), General Agreement on Tariffs and Trade of 1994 (GATT 1994), World Trade Organization (WTO), Intellectual Property Rights
Adam Berman, European Policy Director of the International Emissions Trading Association (IETA)
Authors: Kim Jin Woo
Published: March 2022

Trade law, Environment, EU law, Trade dispute, Arbitration, Dispute settlement, WTO, Export restrictions, Article XX, preferential trade agreement, timber
The ACWL’s Mandate to Provide Training on WTO Law: The ACWL’s Annual Training Course
Authors: Valles Cherise
Published: March 2022

The Advisory Centre on WTO Law (ACWL) has a mandate to provide legal training on WTO law. The ACWL developed its first training course on WTO law in 2002. To date, the ACWL has conducted nineteen training courses. The ACWL structures its annual training courses on a three-year cycle. The first course covers the basic principles of WTO law, the second covers the WTO Agreements relating to trade remedies, trade in services and trade-related intellectual property rights, and the third covers WTO dispute settlement procedures. The training course is taught by ACWL lawyers and begins in October and ends in June the following year. Over the years, 955 delegates have registered their interest in attending the training courses, 159 of whom were from least-developed countries (LDCs.) The ACWL has provided Certificates of Attendance – given to delegates that attend a minimum number of training sessions each year – to 630 delegates, ninety six of whom were from LDCs. Feedback from former participants has been positive indicating that their participation in the ACWL’s training course(s) has assisted themselves and their government to better understand their rights and obligations under WTO law.

Training, capacity building, ACWL, basic principles on WTO law, WTO agreements, Moot Court exercise, developing countries, least developed countries, Geneva-based delegates
Articles 30 and 59 of the Vienna Convention on the Law of Treaties in Action: The Decisions on Jurisdiction in the Eastern Sugar and Eureko Investment Arbitrations
Authors: Reinisch August
Published: March 2022

In a number of recent investor-state arbitrations on the basis of intra-EU bilateral investment treaties (BITs), respondent states, supported by the EU Commission, have argued that their accession to the EU has rendered existing BITs with old EU Member States obsolete. This argument is mainly based on Articles 30 and 59 of the Vienna Convention on the Law of Treaties, dealing with the effect of subsequent treaties addressing (partly) the same subject matter. This contribution discusses the treaty law implications and explains why, so far, investment tribunals have rejected the idea that BITs and the EU treaties address the same subject matter or would be so far incompatible that BITs have become obsolete.
An Obligation for Sustainable Procurement? Gauging the Potential Impact of Article 11 TFEU on Public Contracting in the EU
Authors: Wiesbrock Anja
Published: March 2022

The integration of environmental criteria into public procurement contracts can constitute a powerful tool to promote desired environmental practices in the EU. As major purchasers of goods and services from the private sector, public entities have significant market power allowing them to influence corporate behaviour by attaching environmental criteria to public contracts. Behind the background of the current revision of the procurement directives, this article discusses the potential implications of the environmental integration principle (EIP) on public contracting in the EU. It is argued that Article 11 TFEU incurs an obligation for the EU legislator to ensure that national authorities are not in a position to entirely disregard environmental concerns. Moreover, the environmental integration principle implies an obligation for a wide use of environmentally friendly procurement mechanisms where no conflict with the objectives of value for money and competitive tendering arises. In the case of competing interests, a proper balancing exercise requires environmental measures that are least restrictive on competitive tendering as well as a procurement framework that is least restrictive on environmental protection.
Reconceptualizing the Primacy–Supremacy Debate in EU Law
Authors: Tuominen Tomi
Published: March 2022

The practical effects of the principle of primacy of EU law are well established in the case law of the Court of Justice of the European Union (CJEU). However, the highest national courts have had difficulties in coming to terms with the principle. Does the primacy of EU law also entail the ‘supremacy’ of EU law, and what is the significance of this for national sovereignty? There seems to be no coherence in the academic discussion on how to use the terms primacy and supremacy and what they actually entail. This article presents a reconceptualization of the way in which the terms primacy and supremacy could be understood in EU law. It is argued that they are two distinct concepts: primacy refers to actual conflicts between a national norm and an EU norm in situations concerning individual rights, whereas supremacy refers to the structural relation between the EU’s and the Member States’ legal orders that manifests itself as institutional conflicts of competence. This article maps out the primacy–supremacy debate, assesses the proposed conceptualization in light of recent European and national case law, and positions the argument in relation to constitutional pluralism, the leading theory of European constitutionalism.

primacy, supremacy, sovereignty, constitutional pluralism, Court of Justice, national courts, comparative constitutionalism, EU law, European integration
Repercussões do Anteprojeto e do Substitutivo ao Projeto do NovoCódigo de Processo Civil na Arbitragem
Authors: Fichtner José Antonio , Mannheimer Sergio Nelson , Monteiro André Luis
Published: March 2022

ABSTRACT: The article discusses the implications of the new Brazilian Civil Procedure Code bill on arbitration.
A Adesão do Brasil à CISG  Consequências para o Comércio na China e América Latina
Authors: Muñoz Edgardo , Muñoz Edgardo
Published: March 2022

ABSTRACT: In this paper, the authors analyze the possibility of reducing potential legal risks and transaction costs with respect to Brazil's adhesion to the CISG, in particular in relation to Brazilian, Chinese and Latin-American parties. The lack of predictability of the applicable laws and the substantial differences between the domestic laws of Brazil and its main trade partners create high legal risks and transaction costs for traders. This paper suggests that the CISG will provide legal certainty and appropriate rules to govern international contracts, thereby reducing risk and cost, and contributing to the celebration of contracts between Brazil and its main trade partners. Parties that are not currently engaged in a commercial relationship with Brazilian parties may regard Brazil's adhesion to the CISG as an opportunity to trade under a worldwide known and tailor-made set of neutral provisions.