bluuebunny/crossref_metadata_2025 huggingface dataset:
Regulatory Discretion in Financial Markets Law: An Effective Remedy Against Financial Crises?
Authors: Domina Mariia
Published: March 2022

This article discusses the regulatory discretion of competent national authorities as a mechanism to prevent financial crises, on the example of investment funds and their managers. The ability to impose stricter conditions on fund managers and define the procedures for efficient intervention allows responding efficiently to the financial shocks. Whilst EU law cannot respond quickly enough to the changes in financial markets, Member States and their respective regulatory authorities can provide for a tailor-made approach for each fund and its manager registered within their territories.

AIFMD, financial markets authorities, investment funds (managers), MiFID II
The WTO Trade Facilitation Negotiations: It’s Time to Agree on Basic Principles
Authors: Creskoff Stephen
Published: March 2022

This article is the second in a series on trade facilitation by the author. The first article, Trade Facilitation: An Often Overlooked Engine of Trade Expansion, published in Global Trade and Customs Journal, volume 3, issue 1 (2008), discusses how trade facilitation is defined and measured and econometric estimates of trade facilitation benefits.
Harmonized System: Nomenclature Evolution at Its 20th Anniversary (1988–2008)
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 trade patterns and technical development (HS 1988, HS 1992, HS 1996, HS 2002, HS 2007).More and more gaps are emerging within the nomenclature 34 headings are not in use in the HS 2007 for the next four to five years. This Column shows the history of HS revisions, the gaps within the nomenclature and the evolution of the HS nomenclature within the past 20 years (1988–2008).
Modernizing the Community Customs Code
Authors: Lux Michael , Lux Michael
Published: March 2022

This article is intended as an explanatory guide to the modernized Community Customs Code (mCC), setting out, in general terms, the differences between it and the present Customs Code (CC) and explaining at the same time the important amendments made to the original Commission proposal as a result of deliberations in the Council and the Parliament. Readers who seek an overview on the subject are recommended to read the introduction (section I), the description of difficult issues (section II), the introductory part of sections III–XI, and the conclusion (section XII).
The CFS Case: Looking Back and Looking Forward
Authors: Julien Chaisse
Published: March 2022

The coated free sheet paper from China case (CFS case) is the first one to give rise to a substantial countervailing duty (CVD)investigation in the history of trading frictions between China and the United States of America. This landmark investigation and its final definite countervailing subsidy determination have set a controlling precedent for subsequent US CVD investigations against exports from China. While looking back to look forward, we shall put emphases on four key issues in this case, namely (i) whether the Department of Commerce’s CVD investigation is ‘half–cooked rice’; (ii) a neglected ‘deliberation principle’ under the General Agreement on Tariffs and Trade/World Trade Organization (GATT/WTO) CVD mechanism; (iii) an issue of double counting of duties; and (iv) the mechanism of using third–country benchmarks for the calculation of the subsidy benefit. In any case, a compromise or consideration for the other side is always indispensable.
Bangladesh Customs: Managing Risk for Better Trade
Authors: Saifuddin Hossain Syed
Published: March 2022

Bangladesh has long been striving towards simplifying its regulatory procedures to ensure better integration into the global trading system. It is in this context that the Bangladesh Customs plays a crucial role in implementing pragmatic risk management procedures to maintain supply–chain security. Automation of customs procedures and enforcing the three–step selectivity process are part of the existing risk management framework. Such regulatory controls are, then, aimed at maximising trade facilitation through effective and efficient functioning of the compliance management framework which comprises of four critical elements: legislative base, client service, compliance assessment, and enforcement/recognition.
CVD Actions against China – The US Approach
Authors: O'Connor Bernard
Published: March 2022

The United States does not recognize China as a market economy. Yet at the same time it is willing to take anti subsidy actions against goods originating in China. This article examines the background to the US CVD policy vis a vis China and in particular the moves away from considering China as a state economy as in the old Eastern Europe sense allowing the opening of CVD actions in relation to China. The article then examines the various cases that have been opened (and concluded) and looks in some detail at the government practices that have been considered to be subsidies, the issue of specificity and the benchmarking of measures so as to measure the benefit granted. As the issue of possible double remedies between anti dumping and anti subsidy measures is of concern in the European Community, the US approach is examined in some detail. Finally the article examines legal challenges to the US approach both in domestic courts and in the WTO.
Case T- 498/04- Zhejiang Xinan Chemical Industrial Group Co. Ltd v. Council of the European Union, CFI Judgment of 17 June 2009
Authors: Van Haute Charlotte
Published: March 2022

The judgment of the European Court of First Instance in the aforementioned case seems to sharpen the requirements of the basic anti-dumping regulation that allow the Commission to deny market economy status to companies operating in non-market economy countries. The Court decided that a finding of state control within a company would not be sufficient to refuse the granting of market economy status and thus that such an assessment made by the Commission should rather be based on specific business decisions of the company at issue.
Caught by the ITA? The Case of Sophisticated Mobile Phones
Authors: Tack Filip
Published: March 2022

The Information Technology Agreement (ITA) is a sector-specific, plurilateral trade liberalization agreement, concluded in the framework of the WTO and has been effective since 1 July 1997. The EU was one of the driving forces behind and first signatories of the agreement. This article discusses the interplay between the ITA and the EU’s Schedules of Concession under GATT 1994. It also addresses some boundaries of ITA’s product coverage as result of the process of technological convergence among Information and Communication Technology (ICT) products. Economic operators currently face the challenge of assessing whether new multifunctional and sophisticated devices are subject to customs duties, or on the contrary, benefit from a dutyfree treatment. The tariff treatment that the EU accords to mobile phones with increased functionality further illustrates the boundaries of ITA’s product coverage.
Cloud Computing and U.S. Export Controls: A Case Study in the Need for Reform
Authors: Rarog Robert
Published: March 2022

Cloud computing is a new class of services in which access to computers is made available over the Internet. As such, it poses unique export control problems for company compliance managers and provides a prime example of how new technologies and international business models are needlessly impaired by an outdated control system.
The Ad Hoc Committee Annulment Decision in Malaysian Historical Salvors: The Meaning of ‘Investment’ Re-established?
Authors: Rovetta Davide , Rovetta Davide
Published: March 2022

Member States to the International Centre for Settlement of Investment Disputes (ICSID) Convention, as well as their companies and economic operators, are interested in guaranteeing meaningful protection for their investments. This is done by granting jurisdiction to ICSID arbitral tribunals to hear disputes between private persons and states party to the ICSID Convention in cases where a valid Bilateral Investment Treaty (BIT) is present. Because such tribunals’ jurisdiction is limited to investment disputes, the definition of ‘investment’ as embodied in Article 25 of the ICSID Convention and the relevant BIT is of paramount importance. In fact, the definition of investment will have a bearing on whether or not a given economic activity by a company or a private person can be protected via a so-called Investment Treaty Arbitration. In turn, this rather technical issue will have direct practical economic consequences for companies and investors. Unfortunately, both the meaning of investment and the manner in which the ICSID Convention and BITs have been interpreted have been addressed in contradictory manners by various ICSID tribunals, creating unpredictability and damaging the level playing field of investors’ protection. However, the ad hoc Committee’s Decision on the Application for Annulment in Malaysian Historical Salvors v. The Government of Malaysia (hereinafter ‘MHS Annulment Award’) appears to have re-established a proper meaning and method of interpreting the term investment, which, it is argued, should be followed by future tribunals. If this were to happen, companies and economic operators will be able to enjoy both predictability and full protection of their investments.
Federal Circuit Keeps Commerce Honest
Authors: Fraedrich Laura
Published: March 2022

Twenty years ago, from May 1990 through April 1991, Shinyei Corporation of America (hereinafter “Shinyei”) imported ball bearings into the United States that were subject to an antidumping duty order on ball bearings from Japan. The ball bearings had been manufactured by six different Japanese manufacturers and were subject to the second administrative review of the relevant antidumping duty order. The Department of Commerce, however, failed to apply the results of that administrative review to Shinyei’s imports, and Shinyei sued the Department of Commerce at the U.S. Court of International Trade (CIT) in 2000. This case note follows the path of the ensuing litigation, including three remands to the CIT by the U.S. Court of Appeals for the Federal Circuit (hereinafter “Federal Circuit”), which recently awarded attorney’s fees to Shinyei under the Equal Access to Justice Act.
A Layman’s Guide to Bringing Goods into the EU
Authors: Lux Michael
Published: March 2022

This article describes the European Union (EU) rules on bringing goods into the EU, taking into account the new provisions on pre-arrival declarations that have become mandatory as of 1 January 2011.
A Survey of the EU Trade Defence Case Law in Year 2010
Authors: Senduk Jeffry H.
Published: March 2022

Judicial protection is a cornerstone of European Union (EU) law. However, the limited review applied by EU Courts to trade defence instruments (TDIs) historically tends to grant a wide amount of deference to the Community Institutions administering such TDIs. Because of this limited review the Court proceedings in TDI matters tend to be less important and decisive than in other areas of EU law. In our 2009 survey we saw signs of improvement in the situation with the EU Courts timidly widening the judicial protection granted to individuals. These signs of improvement however, seem to have disappeared in 2010 as not a single applicant was able to successfully challenge TDI matters before the courts during the year.
Customs Audits, Verifications and Voluntary Disclosures in Canada
Authors: Albrecht Dalton J. , Kiselbach Daniel
Published: March 2022

The process of handling a customs or trade audit or verification can be an extraordinarily difficult experience for the uninitiated. Many customs managers who successfully complete a customs audit or verification in Canada have: (1) a good understanding of current regulatory requirements; (2) systems and processes for tracking information and documents; (3) an ability to provide timely and accurate responses; and (4) reviewed potential audit or verification compliance issues with a customs advisor prior to responding to an auditor or verification officer. Customs managers may conduct self-reviews in order to prepare for an audit. Non-compliance discovered in the course of a self-review may, in some circumstances, be disclosed to government officials in order to avoid penalties. The Canada Border Services Agency (CBSA), the Canada Revenue Agency (CRA) and Foreign Affairs and International Trade Canada have voluntary disclosure programmes.
Trade Remedies: China and the WTO Dispute Settlement Resolution
Authors: Yu Yanning
Published: March 2022

This article discusses and analyses an interesting phenomenon about China's journey in the World Trade Organization (WTO) dispute settlement mechanism since its accession to the WTO in 2001: an increasing number of the WTO disputes China is involved in are trade remedy cases. Section 2 of this article provides a general overview of all trade remedy disputes at the WTO in which China participated as complainant, respondent, or a third party. Based upon these facts and statistics, a detailed analysis of the disputes is offered from various perspectives in sections 3 and 4. This article begins by examining why China has been involved in these trade remedy disputes in the WTO by discussing China's political and economic situation at both the domestic and international levels. It then analyses China's main concerns over trade remedy disputes as well as some of the legal issues and challenges embedded in these disputes. This article further discusses the issue of China's role shift in these disputes by identifying China's external relationships with its major trading partners. This article concludes with some observations and implications for the future of China's WTO disputes.
Canadian Transfer Pricing: Optimizing Canadian Expansion with a Unified Approach to Tax and Customs Transfer Pricing
Authors: Pearson Darrel H. , Kennedy Claire M.C.
Published: March 2022

Canada is seen as an increasingly attractive destination for foreign investment, given the relative strength of the Canadian economy and recent tax and trade initiatives of the Canadian government. As Canadian market opportunities present themselves, transfer pricing should be at the forefront of planning for a Canadian expansion. This article presents a short primer on business expansion in Canada and describes a proactive, unified approach to tax and customs transfer pricing to minimize income tax, customs duties, and value added taxes and protect cross-border arrangements from encroachment by revenue authorities.
The Customs Union of Russia, Belarus, Kazakhstan, and the European Union: Selected Cross Border Issues
Authors: Nesterov Anatoly , Chin-Oldenziel Martine
Published: March 2022

This is a review of issues and problems, including cross-border disputes, arising during customs examination and sampling in the Russian Federation and the European Union. The Customs Union of the Russian Federation, Republic of Kazakhstan, and the Republic of Belarus was formed in accordance with the Agreement of 6 October 2007. This article provides some concrete examples of cross-border disputes in comparison to similar problems that have arisen in the EU, particularly in the Netherlands. Based on this review, we will conclude with some suggestions to improve the handling of cross-border disputes arising from customs examinations and sampling.
Navigating Uncharted Waters: A Review of US-Tuna II
Authors: Nottage Hunter , Sánchez Alejandro
Published: March 2022

The WTO panel report in US-Tuna II, issued on 15 September 2011, represents a milestone in WTO jurisprudence as it addresses novel interpretative questions under the Agreement on Technical Barriers to Trade (TBT Agreement). The panel's finding that the US 'dolphin-safe' labelling requirements for tuna products constitute 'technical regulations' tackled a fundamental threshold issue under the TBT Agreement and was the subject of a dissenting opinion by one panellist. Furthermore, the panel's finding that the US measures contravene Article 2.2 of the TBT Agreement since they are more trade-restrictive than necessary is also significant as it provides one of the first interpretations of this core obligation. This article discusses the issues faced by the panel and evaluates the implications of the panel's findings for future cases and possible appeals.
The EUs Anti-Dumping Refund System: Too Many Hurdles to Jump for Effective Relief?
Authors: MacLean Robert M.
Published: March 2022

In contrast to many of its trading partners, and notably the United States, the European Union applies a prospective refund approach, not a retroactive one, to the adjustment of anti-dumping duty margins after such measures have been definitively imposed. Practically and empirically, this approach is fraught with difficulties. The result is that an abnormally low volume of refund requests is successfully pursued and that EU importers pay anti-dumping duties that do not accurately reflect the underlying commercial trading activities. Certain interpretative approaches taken by the European Commission to adapt to the prospective character of the processes are also open to question. This is especially so in the case of the so-called duty as a cost question, which invariably arises in the course of a refund claimed by related importers and their non-EU exporting manufacturers. The purpose of this article is to examine the many causes of the obstacles to the successful pursuit of refunds by EU importers and to flag up these difficulties for importers proposing to embark on this kind of exercise.
Administrative and Judicial Review of Anti-dumping Measures in Australia
Authors: Moulis Daniel , Bridges Alistair
Published: March 2022

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

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

The ILC Articles on State Responsibility ('ILC Articles') establish secondary rules in public international law on the existence and the parameters of a country's responsibility arising from a specific conduct. Although international tribunals systematically rely on the ILC Articles as applicable law, WTO adjudicators have relied on the ILC Articles only as an interpretation tool to clarify the meaning of WTO law. This article discusses the origins and the content of the ILC Articles and explores the issue of whether, and to what the extent, the ILC Articles could constitute applicable law in the WTO context.
Trade Governance is Working, but the WTO Needs a Shot in the Arm
Authors: Kim Seung-ho
Published: March 2022

In spite of the failing DDA, trade governance is at work better than any other governance of global issues. In addition to the rule-based system and the solid institutions, trade governance is being enriched by WTO jurisprudence and new agreements. However, trade governance has to catch up with new trade trends such as changed power structure, digitalized economy, fair trade, global value chain, proliferation of RTAs and so forth. Above all, finding an alternative for the brain-dead DDA is urgent. Instead of reviving DDA with the old format that does not reflect the changed trade environment, it is worth trying a large scale RTA among the selected nations dedicated to free trade and upgrading trade governance. By doing so, the ailing world economy can be boosted by trade, and WTO can be woken up from complacency and lethargy.
Export Credits and Safe Haven Provisions under the WTO SCM Agreement: A Case of False Safety?
Authors: Nedumpara James J.
Published: March 2022

Official financing support in the form of export credit has been a controversial issue in World Trade Organization (WTO) dispute settlement. WTO Members that apply the interest rate provisions of the Organisation for Economic Co-operation and Development (OECD) Arrangement on Officially Supported Export Credits qualify for the safe haven provisions under item (k) of Annex I of the Agreement on Subsidies and Countervailing Measures. However, an interesting issue is whether subsidized export credits which comply with the OECD Arrangement can be targeted in countervailing duty (CVD) actions. This commentary seeks to examine the scope and limit of the safe haven provisions in the light of the WTO disputes dealing with export credits and other domestic CVD actions concerning export credits. The article argues that safe haven provisions under item (k) are of limited use especially in the context of CVD investigations.
United States v. Izurieta: Searching the Judicial Rolls to Get It Right
Authors: Donohue John P.
Published: March 2022

The author argues that the Eleventh Circuit properly vacated the defendants' conviction for smuggling-specifically the provision of the smuggling statute which prohibits the entry of merchandise in "violation of law" when the sole basis for the "law" upon which the indictment rested were Customs regulations governing the return for export of non-complying goods.
What Is In It For Me: How Recent Developments in FCPA Enforcement Affect the Voluntary Disclosure Calculus
Authors: Schafer Jamie A.
Published: March 2022

With increasing enforcement of the US Foreign Corrupt Practice Act companies must give consideration to the 'pros' and 'cons' of voluntary disclosure. The benefits of voluntarily disclosing corrupt activity are difficult to discern through comparison with settlement involving non-disclosed activities. Despite the lack of a clear effect on penalty amounts, there are discernible advantages to voluntary disclosure, including preserving the opportunity for the government to formally decline prosecution or agreeing to a non-prosecution agreement ('NPA'). Disclosure also increases the likelihood that the government may forgo requiring an external monitor in favour of far less intrusive self-monitoring and reporting requirements. This article addresses some of the most important considerations with regard to voluntary disclosure of a Foreign Corrupt Practice Act (FCPA) violation to support each company making a decision based its own facts and circumstances and in consultation with qualified FCPA counsel.
Enhancing Trade in Textile and Clothing in South Asia: The Role Trade Facilitation Can Play
Authors: Ara Laila Arjuman , Rahman Mohammad Masudur , Kim Chanwahn
Published: March 2022

South Asia is one of the least integrated regions in the world. The textiles and clothing (T&C) sector is one of the most important and leading sectors for South Asian countries. Intra-SAARC trade in textile & clothing outweighs intra-regional trade in any other product. However, the literature indicates that inadequate trade facilitation measures have become the leading non-tariff barriers that reduce intra-regional trade in South Asia. Against this backdrop, it is essential to conduct a study to estimate the gains that can be acquired by adopting improved trade facilitation measures for trade in textiles and clothing. Therefore, using a standard gravity model, the main objective of this study is to identify the nature and extent to which trade facilitation can help to improve trade flows among South Asian countries and their trading partners. This study finds that bilateral trade flows in South Asia are influenced by time delays in trade, the quality of port infrastructure, customs efficiency and cost of trade. The findings of the study suggest that policy makers in South Asia must promote trade facilitation in order to boost merchandise trade among countries in the South Asian region.
Does a Theory of Causation Exist under the WTO Safeguards Agreement?
Authors: Leys David
Published: March 2022

A careful analysis of the US - Tyres from China WTO Panel report confirms the non-existence of any theory of causation under the WTO Safeguards Agreement. The Panel leaves a margin of discretion to the national investigating authorities to assess causation between imports and injury to the domestic industry. To develop a theory of causation, the author suggests applying the conditio sine qua non theory on causation under the WTO Safeguards Agreement, because it will facilitate the assessment of causation before the WTO panels and the national authorities.
Appellate Body Report in China: Rare Earths  Addressing Violations of WTO-Plus Obligations
Authors: Walles Cherise M.
Published: March 2022

The Appellate Body has once again rejected the ability of China, a recently acceded World Trade Organization (WTO) Member, to have recourse to Article XX of the GATT 1994 to justify a violation of a WTO-plus obligation. It emphasized that even an express textual reference to Article XX in the relevant provision in an Accession Protocol is not dispositive as to whether an Article XX defence is available to that Member to justify a breach of a WTO-plus obligation. Rather, that determination must be conducted on a case-by-case basis, taking into account the text and context of the relevant provisions in the Accession Protocol, the agreements in the WTO legal framework, and the nature of the obligation at issue. This latest report in the trilogy of cases suggests that it will be extremely difficult for a recently acceded Member to have recourse to a general exception to justify a violation of a WTO-plus obligation.
Judicial Review of CITT Preliminary Determinations of Injury: Is It Possible?
Authors: Walker Reagan
Published: March 2022

An argument may be made that the recent preliminary determinations of injury contained one or more reviewable errors. However, the probability is small that an application for judicial review will be brought against any preliminary determination, other than as part of a broader settlement strategy. This is because, first, the bulk of the Tribunal’s analysis on a preliminary injury determination involves matters within its specialized expertise to which the courts will give deference. Second, even for questions of law, final determination proceedings comprise a hearing de novo, which not only offers an adequate alternate remedy to judicial review, but, from the point of view of the complainant’s ability to enter evidence of an economic or corporate nature, a superior one.
Assessment of Material Injury and Causation: Recent Developments in Australia
Authors: Zhou Weihuan
Published: March 2022

The article discusses the most recent developments in Australia’s anti-dumping practice on the determination of ‘material injury’ and ‘causation’. It argues that while Australia’s anti-dumping investigating authority has failed to conduct assessment of ‘injury-causation’ adequately and objectively in past investigations, in two recent investigations the authority seems to have become more objective and comprehensive in its ‘injurycausation’ determinations. The developments suggest that the Australian authority has started moving towards a thorough and unbiased analysis of ‘injury-causation’ in accordance with World Trade Organization (WTO) rules. They also suggest that active and full participation in ‘injurycausation’ defence in an investigation is crucial for exporters and other parties with shared interest to increase their odds of success.
Evolution of Classified Administration of Enterprises and the Harmonization of AEO System in Chinese Customs Reform
Authors: Jiang Qing-Yun
Published: March 2022

With the effectiveness of AEO mutual recognition agreement between EU and China on 1 November 2015, China intensifies its AEO harmonization with other trade partners. In this context, this article first considers the framework of classified administration of enterprises and AEO system in China and discusses the latest development. Further reform of AEO system in China is to strengthen credit-based administration and improve the efficiency of customs clearance for domestic and foreign certified importers and exporters. The article also provides a review of administration concept of General Administration of Customs of China in various stages: risk management concept, classified administration concept and credit-based administration concept. By comparison with the AEO implementation in EU, the article suggests customs regulatory measures shall focus more on global standardization and compliance, as well as improve accessibility of SMEs to AEO status by establishing screening procedure and special guidance etc.
The World Ranking of Trade Statistics Accuracy
Authors: Ico Ronaldo , Tafgar Aiken
Published: March 2022

In this paper, we construct an accuracy index of trade statistics compiled by customs offices worldwide, based on established methodology from studies. The score or ranking of trade statistics accuracy is interesting for trade and customs officials. In addition, the accuracy of trade statistics can be viewed as a proxy to the quality of trade or customs governance. Therefore, we believe our indicators hold the potential to improve both policy and research on trade and customs. First, the trade statistics accuracy score can be a useful tool in assessing the progress of trade and customs reform because it reflects the ‘real’ status of trade and customs governance – unlike some surveys which tend to suffer perception problems. Second, with our new indicators, we are able to assess the true impact of trade and customs governance on economic and trade performance.
Market Integration through WTO Law and Questions of Democracy: The Case of Ethiopias Accession to the WTO
Authors: Mengie Legesse Tigabu
Published: March 2022

Among the factors which could explain the failure and success stories of market integration through the WTO law, issues related to democracy ar the most important as they determine the legitimacy or otherwise of such integration process. This work examines questions of democratic legitimacy in WTO accession with a focus on Ethiopia’s accession process. Many are anticipating that Ethiopia will join the WTO in the near future due to the lowered accession standards under the revised accession guidelines issued in 2012. However, the government has not yet shown willingness to give up control over state-owned services. This work investigates the democratic legitimacy of this accession process. Thus, it answers this question: How far the elements of democratic legitimacy are observed in Ethiopia’s accession process to the WTO? Procedural and substantive elements of democracy are employed in analyzing legitimacy of governance at national and multinational level.
Settling the Debate of Animal Welfare, Public Morals and Trade: In the Light of the EC-Seal Products Case
Authors: Narayan Anand Vardhan , Das Anand Swaroop
Published: March 2022

The EC-Seal Products is a case which caused considerable debate and attracted the greatest public attention in the recent years raising fundamental questions about trade liberalization, animal welfarism and pluralistic public morals under the World Trade Organization jurisprudence. The public policy implications of this unprecedented decision are far-reaching as both the Panel and the Appellate Body for the first time clarified that trade-restrictive regulatory measures qualify as exceptions under Article XX of the General Agreement on Trade and Tariffs (GATT) despite the fact that these measures contain their own exceptions which compromise the policy objectives of the same measures by taking into account other policy objectives. The European Union introduced the policy as a response to the moral outrage concerning the inhumane killing of seals. The decision readily acknowledges the importance of a blanket trade ban on grounds of animal welfare in an era of increasing globalized trade. The interpretative issues inter alia touched upon the legitimacy of the exceptions to the Seal Regulations and the scope of animal welfare vis-a-vis the public moral exception under Article XX (a) of the GATT. The present article critically analyses the Appellate Body ruling in the EC-Seal Products dispute in the light of the growing concern regarding animal welfare and the resulting legislations across the globe.
Illegal Transnational Trading of Biodiversity and Wildlife Materials from Sri Lanka and the Countermeasures
Authors: Jayasuriya KMG Gehan , Azam Abdul Wahid Mohamed , Musthafa Muneeb M. , Marikar Faiz MMT
Published: March 2022

Trafficking of biodiversity materials is a major threat to the earth’s ecological balance and Sri Lanka is no exception. This article describes the protocol under the Convention on Biodiversity in the context of illicit trade in biodiversity and wildlife materials trade products across Sri Lanka during the period of 1992–2009. It highlights the methods that can be effective to counter-attack and prevent illegal transnational trading and discusses how the region can approach a coordinated implementation of those key provisions. Details of the current illegal biodiversity during the above period are highlighted and the great effort made by Sri Lankan Customs in protecting the country’s conservation of biodiversity and combatting the weak points of illegal transactions is pointed out clearly with remedies.
Anti-Circumvention in the Multilateral System: Plus ça Change
Authors: Yano Hiromi , Kreier Jesse , Coskun Seref
Published: March 2022

World Trade Organization (WTO) Members have long struggled to distinguish between acceptable responses to the imposition of anti-dumping duties and inappropriate efforts to ‘circumvent’ such duties. This article summarizes the efforts to formulate multilateral norms on anti-circumvention, from the early General Agreement on Tariffs and Trade (GATT) dispute settlement challenges through the Uruguay Round, the WTO's Informal Group on Anti-Circumvention and the more recent Rules negotiations of the Doha Round. Despite these efforts, WTO Members have been unable to agree on what constitutes circumvention, much less adopt rules governing the use of anti-circumvention measures. Yet despite the legal uncertainties, thirty-six Members have notified include anti-circumvention provisions to the Committee on Anti-Dumping Practices, and six Members have reported the initiation of 103 anti-circumvention proceedings to the Committee since 2009. While Members would appear to share a common interest in having some predictability and certainty in defining what is and is not appropriate behaviour, both for exporters and importing Members, the gaps, both of principle and practical, have to date proved insurmountable.
The Trade and Customs Law Consequences of Brexit
Authors: Leys David , Dolle Tobias
Published: March 2022

Businesses are encouraged to take a pro-active stand to understand, assess and monitor the trade and customs consequences of Brexit on the UK, on the EU and on their bilateral, plurilateral, regional and multilateral trade relations. The lengthy and complex process of negotiation and re-negotiations that will affect the EU and the UK looks poised to result in many commercial risks and opportunities for traders.
The American Agenda on Trade: Whats Happened and Whats Next?
Authors: Kaniecki Chase
Published: March 2022

The Trump Administration ’ s early actions on trade policy largely reflect the ‘ America First ’ agenda candidate Trump promoted during the 2016 campaign. For example, a March Executive Order initiated efforts to identify and potentially take action targeting countries that significantly contribute to the US trade deficit and two subsequent Executive Orders call for the review of current trade agreements for possible abuses and for the establishment of a White House Office of Trade and Manufacturing Policy, which is tasked with defending and serving American workers and domestic manufacturers. In addition, higher antidumping duty rates, more antidumping and countervailing duty cases, and other, less frequently used, trade remedies recently were initiated and could be considered in the future – but might face court and other challenges. It also is likely that President Trump's preference for bilateral over multinational trade agreements will affect ongoing and future negotiations and renegotiations pertaining to such agreements. Companies relying on imports should monitor these developments and consider their potential impact on supply chain issues. At the same time, companies, including, in particular, those adversely affected by imports, should become engaged as the Trump Administration develops its trade policy.
Trade and IPR in Iran: TRIPS Issues and Challenges
Authors: Milani Alireza , Ahmadi Amir
Published: March 2022

The Iranian government is working to develop its national intellectual property (IP) law to engage with the international IP system, prepare for membership of the WTO, and fulfil its obligations under the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement. Joining the WTO – even at the same level of obligation as current Members – may require a substantial adjustment in national law and corresponding industrial policy. The impact of bringing national law into baseline or ‘normal’ TRIPS Agreement compliance should not be underestimated. Compared to the TRIPS Agreement, Iran’s IP system is far from compliant. A number of items required in TRIPS are not yet protected in Iran. Even for items covered by law in Iran, many are not in compliance with TRIPS. To comply with TRIPS, Iran has a challenging agenda of reform.
Trade from the Trenches: Negotiating in Practice
Authors: Lagares Eva Valle
Published: March 2022

The Transatlantic Trade and Investment Partnership (TTIP) generated significant public curiosity about trade, triggering a passionate debate reflecting many concerns. The European Commission Communication ‘Trade for All: Towards a More Responsible Trade and Investment Policy’ (2015) was intended to support a well-informed debate based on facts, and this was followed by ‘A Balanced and Progressive Trade Policy to Harness Globalisation (2017)’. EU Member States, in the Council, have always been closely involved in trade negotiations, giving the mandate to the Commission to negotiate, following progress closely and approving the results of the negotiations. A positive side-effect of the public debate on TTIP and subsequently the Canada-EU Comprehensive Economic Trade Agreement (CETA) is that it has awoken curiosity on trade and investment negotiations. This article provides an overview of the lifecycle of a negotiation focusing on the procedural steps, efforts to increase transparency and engagement with stakeholders.
Changes in EU Trade Policy After Opinion 2/15
Authors: Geraets Dylan
Published: March 2022

2017 has been an important year for the future of the external trade policy EU. Several developments impacted the way in which it can exercise its ‘ exclusive competence ’ . Opinion 2/15 of the European Court of Justice (ECJ) on the EU – Singapore FTA provided clarity on the division of competence in trade and investment agreements. This article assesses the effects of the Opinion and submits that its effects reach well beyond the issue of investment. They have an impact on the manner in which the Commission treats the inclusion of new subjects in Free Trade Agreement (FTA) negotiations, as well as on the roles of Member States and the European Parliament.
The Portuguese Customs Infractions Regime
Authors: Rijo Jose
Published: March 2022

The Issue is aimed at clarifying the specific characteristics of the Portuguese customs infractions regime. It firstly establishes some introductory notes on the main differences between the criminal law and the law of administrative offences as well as on the layout of the ethical-preventive approach on the law of administrative offences. Secondly a detailed analysis of the customs crimes and customs administrative regime is set forth. Finally, the Issue highlights some thoughts on the European harmonization of the several customs administrative offences regimes
Interpreting WTO Rules in Times of Contestation (Part 1): Trump Tariffs on Imported Steel and Aluminium in the Light of the GATT 1994
Authors: Duque Gustavo Adolfo Guarin
Published: March 2022

This article is a research written under the legal framework of the World Trade Organization. It focuses on the compatibility of the Trump administration’s tariffs, quotas and waivers on imported steel and aluminium with the General Agreement on Tariffs and Trade of 1994 and the Agreement on Safeguards.

 

In the research, the author made a general description of the measures enacted by the US on aluminium and steel and made a legal assessment of the measures in the light of the principal obligations provided in the GATT 1994 and the Agreement on Safeguards of the WTO.
Class-Action in EU TDI Cases: Applications for Annulment Brought by Associations on Behalf of Their Members
Authors: Maniatis Byron
Published: March 2022

The European Union is a prolific user of trade defence instruments (TDIs). When TDI measures are imposed on their exports, exporting producers often face significant difficulties in obtaining effective judicial protection, which could explain why legal challenges against TDI measures are the exception rather than the rule. There is, however, the potential for a more effective use of actions for annulment of TDI measures. One of the ways in which this potential can be unlocked is through a more active role of associations. In particular, this article will discuss how associations can, under certain circumstances, bring actions on behalf of their members or on their own behalf.
The EUs Modernization Regulation: Stronger and More Effective Trade Defence Instruments?
Authors: Cornelis Joris
Published: March 2022

This article addresses the changes to the EU’s trade defence instruments that were introduced by Regulation (EU) 2018/825 which entered into force on 8 June 2018. Many of the changes (such as speedier completion of investigations, increased transparency and predictability) are welcome developments. Others, however, such as making the application of the lesser duty rule discretionary in certain circumstances are less welcome. They do not only reduce predictability by expanding the Commission’s discretion but also have the, perhaps inadvertent, consequence that for the foreseeable future, different procedural and substantive rules will apply to new investigations and reviews of old measures.
Food Origin Marking in the European Union: Not a Piece of Cake
Authors: Fochesato Enea
Published: March 2022

This article analyses the EU origin marking regime for food products, beginning with an overview of the international trade rules overseeing the

entire matter, as well as the general principles of EU food law. The author then points out that the EU origin marking regime for food products has

both specific mandatory origin marking regimes applicable to certain food products, as well as a general origin marking statute provided for by

Articles 26(2)(a) and 26(3) of the EU Regulation no. 1169/2011 on food information to consumers. Such latter provision requires an

implementing act which has been long-awaited and it was recently adopted in the wake of the proliferation of national measures. In particular, the

IR no. 2018/775 has eventually provided guidelines on the origin labelling of the primary ingredient of a food product. The author then concludes

that the interpretation and application of the above-mentioned set of rules requires a case-by-case analysis and further guidance from the EU

Commission to solve all the open interpretation issues.