bluuebunny/crossref_metadata_2025 huggingface dataset:
Analysis on the development trend and countermeasures of ecological city in Jinan
Authors: Xu Mengchen , Zhang Lijun , Zhang Mengru , Jin Meiying
Published: June 2024

By constructing the comprehensive evaluation index system of eco cities, this paper evaluates and analyzes the development trend of eco city in Jinan during the 12th Five Year Plan period. The results show that the comprehensive level of eco city in Jinan shows a steady development trend and is at the “healthy” level from 2011 to 2015. However, the change degree of various indicators affecting the development of eco city is different. Among them, the ecological economy shows a rapid development trend, the ecological society shows a slow development trend, and the ecological environment shows a shock change of decline in the early stage and recovery in the later stage, which has become the main factor affecting the promotion of eco city in the whole city. According to the evaluation results, this paper discusses the problems existing in the development of eco city and puts forward countermeasures and suggestions for weak links, in order to provide important reference for promoting the construction of local ecological civilization and system reform and improving the level of urban ecological development.
Protocol on Ireland/Northern Ireland and the Trade and Cooperation Agreement: Silos and symbiosis
Authors: Araujo Billy Melo
Published: June 2024

The Protocol on Ireland/Northern Ireland governs the trading regime for goods applicable to Northern Ireland following the UK’s decision to withdraw from the European Union. Since its entry into force, it has been the subject of much criticism, not least because some hold it responsible for the application of new barriers to trade in goods between Great Britain (GB) and Northern Ireland (NI). This paper contends, however, that any assessment of the trade-related implications of the Protocol must also take into account another international legal instrument governing the EU-UK post-Brexit trade relationship – that is, the EU-UK Trade and Cooperation Agreement. This article examines the relationship between the Protocol and theTCA, how their interaction has exacerbated post-Brexit barriers to trade between GB and NI and argues that a renegotiation of the TCA may offer the best opportunity to address many of the post-Brexit GB-NI trade frictions that have proved so controversial.
Editorial: A Changing World Making the Road to Carbon Neutrality Even More Bumpy
Authors: Kogels Han
Published: June 2024

Since the Conference of the Parties (COP) in Glasgow in November 2021 (COP26) the world has changed dramatically. In February 2022, the Russian invasion of Ukraine led to a war that is still going on, and no one knows when and how it will end. This war has also implications for the transition of fossil to non-fossil energy, required to achieve the target of the 2015 Paris Agreement. In this third editorial on the (bumpy) road to carbon neutrality in 2050, I will summarize the recent developments in a bird’s eye view.
A Never-Ending Battle Between Privacy and Transparency: The Case of Registers of Beneficial Ownership Before the CJEU
Authors: Pantazatou Katerina
Published: June 2024

This article reviews and critically assesses the recent Grand Chamber judgment of the CJEU on Registers of Beneficial Ownership (RBOs) and the preceding Advocate General’s (AG’s) Opinion. Throughout this analysis, the author pinpoints at certain misconceptions and ponders on the open questions left. The article focuses on the interaction of the transparency principle with the fundamental rights of privacy and data protection. It also considers the potential impact of the judgment on ‘tax-related’ data and on fighting money laundering and tax evasion altogether. It finally, discusses the effect the judgment is expected to have on RBOs across the EU, but also on transparency in general.
Conference Report: ‘Court of Justice of the European Union: Recent VAT Case Law 2024’: Conference in Vienna: In Which Direction Does the CJEU Go?
Authors: Posch Kilian
Published: June 2024

From 24 to 26 January 2024 the annual Conference on ‘Recent VAT Case Law of the Court of Justice of the European Union’, organized by the Institute for Austrian and International Tax Law of the Vienna University of Economics and Business, was held in Vienna. There, the most important pending and decided cases of the CJEU in the area of VAT of the past year as well as more general developments like the planned reform to delegate jurisdiction on VAT cases from the CJEU to the General Court (Council of the European Union, Amendment to Protocol No 3 on the Statute of the Court of Justice of the European Union, File 15936/ 22, 12 December 2022, data.consilium.europa.eu/doc/document/ST-15936-2022-INIT/en/pdf; European Parliament, Amending the Statute of the Court of Justice of the EU: Reform of the preliminary reference procedure, Briefing 7 February 2024) were discussed by an international group of experts in the field. This report reviews the key statements from its concluding session, which addressed focal trends and developments in European jurisprudence with respect to VAT law (chaired by Prof. Karoline Spies, the discussion was held by Ine Lejeune, Prof. David Hummel, Dr Thomas Ecker and Prof. Ad van Doesum).
Balancing Renewable Energy Development and Local Concerns Through ‘Polluter Pays’-Based Legislation: A Case Study of Denmark
Authors: Ullits Jøren
Published: June 2024

The article focuses on Denmark’s legislative approach to managing local opposition to renewable energy projects. It examines how Denmark uniquely combines economic incentives and rights tailored to renewable energy to mitigate local opposition, through schemes based on hedonic pricing principles. The article explores local concerns over renewable energy installations, the impact of these installations on property values and the effectiveness of financial compensation in promoting local acceptance. This is examined within the framework of energy justice theory, assessing the distributive and procedural justice aspects of the Danish model. The study incorporates a legal-sociological perspective, using feedback from preliminary consultation rounds on renewable energy projects and case law to assess the consistency of the Danish scheme with the theoretical framework. The article also highlights the challenges and ambiguities in the assessment and compensation process under the Danish scheme.
A Knowledge Regime Fit for Geoeconomics? The Changing Production, Consumption and Practices of Policy Knowledge in the EU
Authors: Veselinovič Jaša
Published: June 2024

With geoeconomics becoming the dominant mode of global politics, the EU has responded by adopting a raft of new policy tools. As the EU’s foreign and trade policies have long been premised on the hegemony of neoliberal globalization, new policies represent a significant paradigm shift and have received detailed scholarly attention. However, the question of how the ‘rise of geoeconomics’ has been changing the demands for, production, practices, and institutional organization of policy knowledge remains unaddressed. Analysing the EU knowledge regime – a polity – and its political economy-specific way of producing and consuming policy knowledge – this article provides the first comprehensive examination of changes that have been engendered by (and justified with reference to) the perceived requirements of geoeconomic statecraft. Focusing on the blurring of borders between EU’s foreign and security and trade policy, this article argues that we can identify important changes in the demand, supply and practices of policy knowledge production. Besides a relative de-silosization of knowledge and policymaking between traditionally separate foreign and trade policy areas, we have witnessed ‘internal think tankization’ with EU institutions strengthening in-house think tanks, investing more in foresight, and engaging proactively with think tanks. The latter themselves have reacted to geoeconomics by reorganizing internally and adapting to new cross-area audiences and stakeholders. Finally, the think tanks-facilitated practice of convening policymakers, experts and corporate representatives has gained importance. While the changes to the knowledge regime mapped here are ongoing and open-ended, they have important implications for understanding the EU’s geoeconomic actorness, effectiveness, legitimacy and social purpose.
Sink or Swim: The EU as a Strategic Maritime Security Actor
Authors: Bosilca Ruxandra , Riddervold Marianne
Published: June 2024

Over the past decades, the European Union (EU) has rapidly emerged as a maritime security actor on the international scene. Its maritime policy portfolio spans a wide range of activities, from fighting ‘blue crime’ such as piracy and human smuggling to protecting the marine environment. The EU’s capacity to secure its vital shipping routes, protect its critical maritime infrastructure, and safeguard its interests at sea are today also seen as key prerequisites of the EU’s strategic autonomy. This article breaks down the notion of maritime security actorness, asking whether and to which extent the EU is emerging as a strategic actor in this area. Empirically, it adds to the burgeoning discussion on the EU’s role in the global maritime arena. Conceptually, it seeks to advance the understanding of the EU security actorness by examining its maritime dimension and providing a versatile conceptual framework that can be applied to other contexts.
Jurisprudence recente de la Cour en matiere de conflits de competence judiciaire et d'execution des decisions
Authors: Schockweiler Fernand
Published: June 2024

The rules on jurisdiction and the enforcement of judgment, contained in the Brussels Convention of 27 September 1968 on jurisdiction and the enforcement of judgements in civil and commercial matters, form part of the Community legal order because the Court of Justice of the European Communities has been given competence to ensure a uniform interpretation of this text. This article therefore reviews recent developments in the case law of the Court on this subject. The author first of all discusses the interpretation given in relation to the scope of application of the Convention, both from the point of view of defining the concept of 'civil and commercial matters' and also as concerns the international scope of application of the text. He then considers the decisions which relate to the rules of special jurisdiction provided in the Convention, which concesn the determination of the place of performance of a contractual obligation, the place where a branch is established and the place where the harmful event occurred as well as the definition of a counterclaim, since a defendant may be sued in a court which is seised of such a claim. Finally, the author analyses two recent decisions, one of which elaborates on the notion of pending actions within the meaning of the Convention, while the other deals with the question whether a judicial settlement must be considered, for the purposes of the Convention, as forming an obstacle to the enforcement of decisions handed down in another Contracting State.
Introduction: Online Marketplaces as Private Governance Systems and ‘Balloon Effects’ in Private Law
Authors: Ulfbeck Vibe
Published: June 2024

The introduction sets the scene for the Special Issue by describing how digital online market places through their contract based business models to a large extent in reality evade state regulation on e.g., consumer protection and labour law rights. They replace this regulation with their own private governance systems that regulate issues that are often of broad societal interest such as product safety, workers’ rights and issues of discrimination. Contrary to what one might expect, it is observed that these private governance systems often fully live up to consumer protection laws and sometimes even go further than state regulation in order to please the customers. It is observed that the downside of this is what could be called ‘balloon effects’ in other areas of the law. Thus, ‘over compliance’ with regard to consumer protection often leads to ‘under compliance’ in other areas of the law. In the introductory article, it is explained how all the contributions address such ‘balloon effects’ in a private law perspective.
Ex-ante and Ex-post Access Restrictions in Marketplaces’ Terms of Service
Authors: Van Der Donk Berdien
Published: June 2024

Online marketplaces can exert great power over their platforms and consequently, over the users and content on it. The goal of this article is to assess the current state of access restrictions and termination clauses in online marketplaces’ terms of service and to evaluate whether intervention is necessary to safeguard third-party resellers’ access to (essential) platforms to carry out their business. The article is divided into two parts. The first part discusses two types of online marketplaces’ power: ex-ante and ex-post access restrictions. It illustrates how both types of access restrictions form obstacles for third-party resellers to offer goods and services on online marketplaces’ platforms. Following this initial scene-setting, the article continues with an in-depth discussion of the redress mechanisms available for both types of access restrictions, and a case-study to illustrate the application of ex-post access restrictions on online marketplaces. The case study examines the terms of service of the five most frequently visited online marketplaces in the European Union and confirms the existence of a fragmented approach towards ex-post access restrictions. The author concludes that a ‘right to access a platform’ does not exist. An online marketplace cannot be obliged to contract a third-party reseller. Opposingly, the way the terms of service are currently applied on the assessed online marketplaces to handle ex-post access refusals do not to live up to the safeguards in the new Digital Services Act (DSA) and will need (significant) amendment.
Artificial Intelligence as a Communication Tool in Contract Law
Authors: Poncibò Cristina
Published: June 2024

The article investigates artificial intelligence (AI)-automated contracts and, specifically, AI systems as communication tools. Firstly, it examines AI systems which externalize contractual consent and the fundamental elements of a contract (parties, subject, price, and acceptance). Secondly, the article discusses mistakes in AI-automated contracts by considering the communication gaps and the relevant areas of contractual liability of the parties, programmers, software developers, AI systems, and oracles. In this regard, it specifically examines the question of whether actions and declaration by AI systems give rise to obligations. Our conclusion is that, while humans’ reliance on AI systems as communication tools raises serious challenges to contract theory, it may also be an opportunity to move beyond contractual consent as a mere formality and procedural practice toward new models of consent in presence of an AI system.
Article: Producer Liability for Substantial Modification of Products through Repair, Refurbishment and Remanufacturing
Authors: Grau Guillem Izquierdo
Published: June 2024

Within the framework of the European Union’s strategy on the transition to the circular economy paradigm, the reuse of products already on the market or put into service, through repair, refurbishment and remanufacturing, is being promoted in different regulatory spheres. Both processes were already timidly appearing in European legislation. However, the irruption of goods with digital elements and the promotion of the circular economy are the factors that have created the need to put the legal focus on this category of goods. We are currently at a time of deep legislative changes in which the European Union is adopting new regulations and directives that update the principles on which European contract law and tort law are based. This paper aims to analyse how refurbished and remanufactured goods are dealt with in the light of the current state of the art and what the consequences are for the liability of the producer when these processes involve a substantial modification of its products.
Shall We Play? Use of Gamification Techniques in Investment Services
Authors: Domina Mariia
Published: June 2024

The increased use of smartphones and social media has been fuelled by pandemic Covid-19 and successive lockdowns. Investment and brokerage firms jumped at this opportunity to develop trading apps that make the investment process look like playing a game (‘gamification’). This article looks at the advantages and disadvantages of this 4.0 investment innovation for retail investors.
Foundations in Poland and the Possibility of Running a Business by Them
Authors: Sikorska-Lewandowska Aleksandra
Published: June 2024

Currently, there are two legal regimes regarding foundations in Poland. The first one results from the Act of 6 April 1984 on foundations, (Consolidated text JoL 2020 item 216.) and the second – which is new – from the Act of 26 January 2023 on family foundations, (JoL 2023, item 326). Foundations are generally established to achieve socially or economically useful goals, while the family foundation is an instrument of succession. By definition, they are not established to conduct business activities, but if the conditions specified by law are met, they may conduct such activities – under certain rules. In particular, foundations may acquire shares in capital companies. The aim of this article is to discuss the possibility of running a business in Poland by foundations and family foundations.
Exploring Alternative Paths to Third Party Insurance for Self-Driving Vehicles. Towards No-fault Insurance?
Authors: Vincenza Cuocci Valentina
Published: June 2024

The article will focus on the need for a common European approach to regulate selfdriving vehicles and, in the same time, will explore alternative paths to third liability insurance taking into account that any choice can be ‘tragic’ and present critical profiles in relation to the interest to be pursued: protection of the injured party, promotion and increase of investments in AI, social well-being and reduction of insurance costs. Each solution implies a different set and balance of interests and values. In this light, the article will explore advantages and drawbacks stemming from the so called pure no-fault insurance – which is a first part insurance – for self-driving vehicles as alternative to liability insurance (third party insurance).
The Slow Revolution of Autonomous Vehicles: The Fragile Art of Coexistence
Authors: Zemignani Filippo
Published: June 2024

Behind the apparent oxymoron of the “slow revolution” lies the future of mobility, which will be disrupted by highly automated driving technologies at once gradually yet radically. The premise is that three factors – the slow evolution of technique, the average renewal times of global car fleet and the current vehicle ownership paradigm – will set the scene for a long middle age, in which highly automated vehicles (HVs) will share the roads with conventional ones (CVs). The Article suggests that it may be premature to follow revolutionary approaches to regulation, since it is not entirely predictable how technology and mobility will evolve. In the first phase of coexistence, conventional vehicles will be an overwhelming majority: extending the current liability regimes to autonomous vehicles could be a good solution to ensure legal certainty and swift compensation to the victims. Given the lack of a European intervention, this is the direction taken by the German legislator, although the allocation of liability costs raises some concerns.
Corporate Criminal Liability in the Perspective of Rehabilitation: The Bewilderment of Walking without a Map
Authors: Blandini Antonio , Locascio Aliberti Enrico , Vairo Ludovica
Published: June 2024

Corporate criminal liability enforcement represents the worldwide response to multiple international solicitations that aimed at repressing the crime committed by the legal entities. In the Italian legal system, the issuance of Legislative Decree n° 231 of 8 June 2001 has introduced a specific discipline of corporation criminal liability, that incentivizes – and does not oblige – the adoption of organizational structures aimed at preventing the risk of committing certain crimes. The liability of the corporation requires the existence of four prerequisites: the commission of one of the predicate offences; the qualified relationship of the offender with the corporation; the circumstance that the offence was committed «in the interest» or «to the advantage» of the corporation; finally the failure to adopt a model to prevent the commission of the offences, under the supervising of an ad hoc Supervisory board. The adoption and correct implementation of the MOG 231 entails several forms of exemption from liability for committing crimes, according to the so-called Carrot and Stick Approach. Despite frequent worldwide regulatory measures, the notion of corporate criminal liability continues to be questioned. So, in the Italian legal system the quantitative increase of offences has not always been accompanied by a qualitative improvement in Decree n° 231. Therefore, it would be advisable a systematic revision of the discipline, rethinking the heavy sanctioning system, in order to reaffirm the need for the diffusion of a real “231 culture”.
The Reform of the ESM Within a Hybrid EMU Law
Authors: Zaccaroni Giovanni
Published: June 2024

This article examines the reform of the European Stability Mechanism (ESM) as an example of the hybrid character of EMU law. The article does so by analysing the functioning of the ESM and explaining the plans for its reform, including the troubled ratification process, within and outside the EU Treaty framework. The article then concludes stressing how the evolution of the ESM contributes to the consolidation of a hybrid EMU architecture, where the interaction between Treaty and non-Treaty norms raises a variety of legal and political challenges.
Article: In Search Of Constitutional Supremacy In Malta
Authors: Stanton John
Published: June 2024

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normal;mso-layout-grid-align:none;text-autospace:none"span style="font-size:10.0pt;font-family:"AdvOTecfccdcf_I",sans-serif;
mso-bidi-font-family:AdvOTecfccdcf_I"The supremacy of the Constitution of
Malta is declared in Article 6 of the constitutional text. This article
examines the effects of this clause, exploring its limitations, and the way in
which it has been treated by politicians and judges. It is critical of the way
in which the clause seeks to secure the supremacy of the Constitution, arguing
that its easy alteration and manipulation compromise its effect, undermining
the Constitution. Concern for the way in which the Constitutional Court defers
to Parliament on whether unconstitutional laws should be repealed is also a
factor, such restraint meaning that the Constitution lacks protection. On the strength
of these concerns, the article discusses ways in which the supremacy of the
Maltese Constitution might be strengthened, drawing from established literature
to explore possible amendments, and considering the ways in which the
composition of the Constitutional Court might be increased and enhanced.o:p/o:p/span
The Rwanda Bill, Boat People and International Law
Authors: Birkinshaw Patrick
Published: June 2024

Migration has become a fomenter of extremist politics. A particular aspect of migration has been the alarming sight of asylum seekers risking perilous journeys in small boats to get to Europe and the United Kingdom (UK). In the UK, governments have sought to counter this by resorting to measures which appear to undermine the UKs obligations in international law. The most recent example is the Rwanda bill under which illegal entrants to the UK will be relocated to Rwanda as a ‘safe country’ for processing of claims. The bill poses the most serious of challenges to the role of the courts, human rights protection under the European Convention on Human Rights (ECTH), the separation of powers and the rule of law.
A Review Review: Mapping Judicial Scrutiny in the Fields of Migration, Trade and the EMU
Authors: Östlund Allison
Published: June 2024

This article explores judicial review within the European Union, with a view to the role of the Court of Justice of the EU (CJEU) in overseeing the political branches. Judicial review assumes significance in upholding political accountability and preventing the potential abuse of power. To shed light on the practical aspects of the CJEU’s practices, the article conducts an empirical analysis of rulings in three policy fields: trade, migration, and the Economic and Monetary Union (EMU), focusing on variables such as legality, review standards, assessment of legal bases, and competence. The findings reveal varying standards of scrutiny, with both policy area and the intensity of review being associated with the CJEU’s de facto strike-down rates. This study highlights the evolving nature and function of judicial review, where the tension between discretion, democratic accountability, and the separation of powers persists.
In Search of the Future of Inclusive Multilateralism: The WTO at a Crossroads
Authors: De Gama Mustaqeem
Published: June 2024

This article explores the possible role that the World Trade Organization (WTO) could play to ensure a fair, non-discriminatory, open, transparent and development friendly multilateral landscape. Given its rules-based, consensus driven, and hard law nature, this is a tough task. Can flexible multilateralism work? If so, what form should it take? Are the Joint Initiatives a good example of a possible approach or should different pathways be developed to achieve a consensus on the concept of WTO reform first? The author argues that the term WTO reform bears no common meaning among its members. However, if true WTO reform is to be achieved, a differentiated approach to multilateralism is required. Given the nature and institutional structure of the WTO, this does not conceive of rulemaking by subsets of members advancing some agendas and leaving others behind. One caveat in this context is very clear, in agreeing to a comprehensive revision of the WTO, all issues should be on the table. The paper suggests a dedicated ministerial conference should be held on the future of the WTO to agree on reset 2.0. This pathway is accessible only if all WTO members explicitly agree on a comprehensive remake.
Global Supply Chains: Opportunities and Challenges for Africa
Authors: Poponcini Ludovica
Published: June 2024

Envisioning a future shaped by a youthful demographic, swift urbanization, climate change dynamics, expanding digital capabilities, and entrepreneurial innovation, Africa holds enormous potential for trade-led growth. To accomplish this vision, both opportunities and challenges lie ahead across the supply chains of the African continent. The key to integrating Africa into global supply chains lies in striking the right balance between leveraging opportunities and addressing challenges. This requires innovative solutions and adapted regulations to ensure sustainable and inclusive economic development across the continent.
The UNIDROIT Principles of International Commercial Contracts as a System of Transnational Contract Law: Two Recent Arbitral Awards
Authors: Berger Klaus Peter
Published: June 2024

Are the International Institute for the Unification of Private Law (UNIDROIT) Principles of International Commercial Contracts just a restatement-like collection of principles and rules or a system of transnational contract law? Two recent arbitral awards support the latter view. In both cases, the tribunals decided complex international business disputes solely on the basis of the 2016 edition of the UNIDROIT Principles. In both cases, the tribunals used the UNIDROIT Principles as a self-sufficient, comprehensive, transnational legal system which enabled them to resolve all legal issues of the complex disputes before them to the exclusion of any domestic law.
Re-calibration of Curial Intervention in Public Policy Challenges Against Arbitral Awards
Authors: Chan Darius , Khong Elias
Published: June 2024

When an award debtor challenges an award on public policy grounds, usually the principle of finality prevails, and courts will consider the award debtor bound by the decision of the tribunal. However, because public policy has implications beyond the disputing parties themselves, some courts consider themselves justified in reviewing the award. There is therefore a tension between finality versus the court’s duty to stand as the guardian of public policy. Whether a review of an award should be allowed under this ground, and if so, the extent of permissible review, differs across various jurisdictions. For instance, common law authorities have generally preferred a very strict approach where a court may review an award on public policy grounds only in extremely limited situations. This paper considers the prevailing approaches taken across different jurisdictions and ultimately proposes an alternative approach for the common law to strike a better balance between all competing interests.
Finding Feet on Trade Agreements: Empowering Women Entrepreneurs Amidst a Pandemic
Authors: Bahri Amrita , Boghossian Anoush Der
Published: June 2024

The Covid-19 pandemic has deepened the existing gender inequalities. In particular, it has dealt a significant blow to women entrepreneurs, as it has magnified the pre-pandemic disadvantages women have faced in the economic, social, financial and regulatory ecosystems they operate in, particularly due to the nature and size of their businesses. The article outlines three main reasons that explain why women entrepreneurs have been disproportionately impacted during this health pandemic. It then explores how trade agreements can help women overcome the barriers that impede their entrepreneurial potential and help their businesses sustain the pandemic-inflicted market disruptions.
WTO Agricultural Commitments of the United Kingdom After Brexit: Impact of Exchange Rate
Authors: Mathur Paavni , Singhal Prachi , Shajahan Ahamed Ashiq , Sharma Sachin Kumar
Published: June 2024

The most contentious and unresolved issues in the World Trade Organisation (WTO) agricultural negotiations have been disciplining trade-distorting support and reducing barriers to agricultural trade. One of the contemporary issues that has serious implications on WTO agricultural reforms is the commitments of the United Kingdom (UK) after Brexit. The UK has based its commitments and concessions on the schedule of the EU-28 and redenominated the currency components from Euros to Pounds using a recent exchange rate. The study examines the impact of exchange rate on the policy space of the UK to provide tradedistorting support and restrict agricultural exports of other countries. This article highlights the impact of recent exchange rate on the UK’s agricultural commitments under domestic support and market access. The result shows that the use of recent exchange rate leads to additional entitlement to distort trade, increased flexibilities to implement market price support (MPS), and additional policy space to restrict agricultural imports through higher bound tariff, in-quota tariff rates, and special agricultural safeguards. Overall, this approach will undermine the fundamental objective of the Agreement on Agriculture (AoA) to substantially reduce agricultural support and protection, and consequently, exacerbate the inequities and imbalances rooted in the agreement.
Where to Next? Modernizing Environmental Commitments in EU-Latin America Free Trade Agreements
Authors: Delev Christian , Caceres Bustamante Javiera
Published: June 2024

The European Union (EU) is renegotiating its trade agreements with Latin American States. The core objective of this process is to modernize the Trade and Sustainable Development (TSD) chapters of these agreements. As such, this article critically examines the prospects of the modernized TSD chapters in the Chile-EU Association Agreement and the EU-Mexico Global Agreement, drawing lessons for the potential amendment of the EU-Andes Agreement. For this purpose, the article addresses the modernization process of the EU-Chile Association Agreement by surveying Chile’s negotiating practice in incorporating environment and climate change-related provisions in trade agreements. It compares the evolution of these provisions within the EU’s practice and discusses the convergence or divergence of views that have shaped the existing agreement. Additionally, it explores the possible future review process of the TSD chapter in the agreement. Furthermore, the article discusses the ongoing renegotiating process of the Global Agreement between the EU and Mexico. It examines the opportunity to enhance the current environmental protection disciplines in this agreement. Finally, the article evaluates how these experiences can inform a future renegotiation of the EU-Andes Agreement, with a focus on prioritising the Parties’ nationally determined contributions (NDCs) under the Paris Agreement.
Sanctions by International Organizations and Judicial Review: The Case of Mali V. The Conference of Heads of States and Government of the WAEMU
Authors: Diakité Maïmouna , Baize Zoé
Published: June 2024

Africa’s regional economic communities (RECs) are increasingly active forums for both economic and political issues in the continent. After several political coups in Mali, the Economic Community of West African States (ECOWAS) imposed wide-ranging economic and political sanctions on Mali, in the context of ECOWAS’s mandate regarding democracy and good governance. These sanctions were then mirrored by the West African Economic and Monetary Union (WAEMU). The WAEMU sanctions led Mali to bring a case before the WAEMU Court of Justice, resulting in a rare instance of judicial review, by a regional court, of acts taken by a REC. This article examines the landmark decision rendered by the WAEMU Court of Justice in 2022, in the case Mali v. The Conference of Heads of State and Government of the WAEMU, by which the Court’s President ordered the suspension of the execution of the WAEMU sanctions. We analyse the WAEMU’s constituent instruments, examine the interactions between the overlapping mandates of the WAEMU and ECOWAS, and consider their potential impact on the validity of the sanctioning decision. We argue that the decision taken at the Union’s level is difficult to justify under the applicable international law.
Analysis of the ‘Causal Link’ Requirement of WTO Safeguards: An ‘Unforeseen’ Solution to the Long Debates?
Authors: Nishimura Shohei
Published: June 2024

The ‘causal link’ requirement for the adoption of safeguard measures, under Article 4.2(b) of the Agreement on Safeguards, has been one of the most controversial disciplines under the WTO Agreement. Some critics, such as Alan O. Sykes, point out logical and practical defects in the WTO panels’ and the Appellate Body’s findings on this topic. This article attempts to clarify the requirements of the ‘causal link’, adopting a new microeconomic analytical model that accounts for the precise conditions of competition between imported and domestic products. The analysis reveals that the ‘causal link’ requirement calls for a demonstration that the factors falling into the category of ‘unforeseen developments’ under Article XIX:1(a) of the GATT 1994 have caused both increased imports and domestic injury.
Lessons from the Case Law on the Public Moral Exception: Halal and the Debate for Policy Space
Authors: Johan Eva , Cazzini Francesco
Published: June 2024

This article considers to what extent it is possible for World Trade Organization (WTO) Members to justify domestic measures on the basis of the General Agreement on Tariffs and Trade (GATT) Article XX(a), i.e., how Members’ right to regulate for moral purposes is balanced under the WTO general exception clause. To this end, the article provides an overall analysis of eight cases related to public morals and looks into religiously motivated measures, particularly those concerning halal products. The research findings reveal that the concept of public morals has remained stagnant in case law evolution. Attempts to justify this kind of exception under GATT rules have consistently fallen short, largely because of the stringent requirements outlined in the general structure of GATT Article XX. The article identifies critical (the necessity and chapeau tests) and non-critical (the policy objective test) aspects of GATT Article XX(a) with the aim of explaining, on the basis of the case law analysis, what the real burdens are for the recognition of policy space for morals-related measures under this exception clause and its overall relevance in the WTO system.
Hungarian Tax on Digital Advertising Services in the Spotlight of Challenges
Authors: Deak Daniel
Published: June 2024

The paper first raised questions about the extraterritoriality issue on digital advertising services’ taxation. Moreover, it addresses the application of a sales tax with progressive rates for these services. The paper emphasizes that linking sales taxes and tax progression is doubtful. In cross-border cases, justification problems may restrict fundamental EU freedoms and effectuate the issue of discrimination against those multinationals that provide services like publishing ads over the internet in Hungarian consumer markets. Notably, the EU judicial authorities have acted in a formalistic manner. Specifically, they have matched the existing EU rules and principles with the advertising tax case without further consideration. Consequently, the Member States’ legislative objective of redistribution, which refers to the ability to pay, was not reviewed on its merits. While the government is seeking to hone the Hungarian advertising tax from 2023, the question is how long it will remain in force due to the international two-pillar agreement finalized by the OECD. The Hungarian tax has passed many tests, but the respective legal construction has remained unsecured and has not been intact from further challenges.
The Role and Validity of Delegated and Implementing Acts under the Union Customs Code
Authors: Schippers Martijn L.
Published: June 2024

The Lisbon Treaty introduced the ability to transfer the power to adopt non-legislative acts of general application (delegated acts) and nonlegislative acts to ensure the uniform conditions for implementing legally binding Union acts (implementing acts) in a legislative act to the European Commission. Delegated and implementing acts may not change the essential elements of the legislative act. Safeguards have been included in the legislative decision-making process to prevent the European Commission from abusing its delegated and implementing powers. Nevertheless, from time to time, a case is referred to the Court of Justice of the European Union (CJEU) about the validity of these types of acts. In this contribution, the author discusses the decision-making process for them and their position in the framework of EU customs legislation. It also analyses whether the European Commission abused its delegated and implementing powers granted in the Union Customs Code (UCC) based on several examples. The author concludes that it does so in numerous cases thereby increasing uncertainties about the legality of the delegated and implementing acts of the UCC. This conclusion may also be extended to and therefore be of interest for other areas of EU (tax) law.
Ineffective Trade in Service and Investment Agreements
Authors: Park Tae Jung , Ko Young Lo
Published: June 2024

This article employs behavioural effectiveness theory to show that trade in services and investment agreements are compliance-friendly but ineffective in inducing states’ behaviour. Given that the level and scope of liberalization is determined by the extent of sectoral coverage under a positive list approach or the scope of carve-out under the negative list approach, many negotiating parties merely reflect existing domestic laws (status quo) or carve out policy autonomy more than their domestic laws permit (status quo minus) without inserting terms that actually induce states’ behaviour, such as implementing domestic laws to comply with the agreements (status quo plus). This article is the first to provide three modalities of commitments in services and investment agreements (i.e., status quo, status quo minus, and status quo plus) to show that services and investment agreements are ineffective in nature as they are mostly in the form of status quo or status quo minus rather than status quo plus. The article also introduces various political and economic reasons for the conclusion of ineffective agreements.
Tensions Between International Economic Law and the EU Energy Security Regulations During the Securitization of EU-Russian Gas Relations: Way Forward?
Authors: Zhang Yuanyuan
Published: June 2024

The past years have not been a honeymoon for the European Union (EU) Russian relations amid geopolitical conflicts, neither for their gas cooperation. During the securitization of EURussian gas relations, Russia has taken advantage of its energy weapons, and the EU, in transition to a realist player, set up regulatory barriers in its internal gas market to restrict the presence of Russian gas and pipeline services. However, while international trade and investment regulations could not prevent interruptions in energy supplies during wartime scenario, they may clash with energy regulations serving as precautions against such energy security risks. The tensions have been manifested in the World Trade Organization (WTO) case EU – Energy Package and the ongoing investment case Nord Stream 2 v. Russia, where the EU energy security regulations were challenged. The conflictual regimes interactions originate from their different objectives: international trade and investment regulations value free trade and investment protection, while energy security is a major concern in energy law and policy. The research investigates and comments on the tensions between the EU energy security regulations and international trade and investment regulations with the belief that the latter set of rules should be able to accommodate states’ legitimate energy security concerns by stipulating proper exceptions.
Israeli-Palestinian Trade Relations Before the Israeli Supreme Court: The Case for an FTA
Authors: Harpaz Guy , Reich Arie
Published: June 2024

The Israeli Supreme Court recently delivered a judgment regarding a trade dispute between a Palestinian importer and Israeli trade authorities. The court relied on a trade agreement between the State of Israel and the Palestine Liberation Organization (PLO) (the ‘Paris Protocol’) of 1994 and concluded in favour of the Israeli authorities, based on a formal reading of the agreement. After analysing the judgment and concluding that its ruling is correct according to the prevailing law and trade agreement, this article suggests that the judgment underscores the fact that the Customs Union model used to regulate contemporary trade relations between the parties is inadequate. It further argues that a Free Trade Agreement would be a better model, which would allow the Palestinian Authority (the ‘PA’) to take responsibility for its trade policy, design a trade policy that would fit its needs, and promote more equal, reciprocal relations between the parties. Along with other democratic and governance reforms within the Palestinian Authority, such a model could reduce its economic dependence on Israel, improve diversification, support economic development, and reduce the concern for fiscal leakage connected to the current trade agreement. The article also calls for strong anti-corruption measures to be implemented within the Palestinian Authority to achieve these goals. Overall, the article highlights the need for a new trade agreement that promotes economic growth and development for both parties.
Article: Harmonization of FTA Rules of Origin: Examination of General Provisions
Authors: Bum Kim Jong
Published: June 2024

This paper explores whether rules of origin (ROOs) of free-trade agreements (FTAs) are on a path to convergence or divergence. It identifies three major ROOs templates associated with the United States (US), the European Union (EU), and the Association of the Southeast Asian Nations (ASEAN). The study reveals a growing divergence in the general provisions of these templates, with the EU’s template growing more flexible through the introduction of lenient tolerance rules in its FTAs, and the North American template becoming more restrictive, as exemplified by the Net Cost (NC) method and the core-parts rule for automotive products in the ROOs of the United States-Mexico-Canada Agreement (USMCA). Furthermore, the study reveals that the ROOs of the cross-template FTAs that include parties associated with distinct templates adopt the template of the larger economic participant. These cross-template FTAs also introduce novel variations in their general provisions such as the focused-value (FV) method of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). The alignment of cross-template FTAs with the major ROOs templates and the introduction of novel variations in cross-template FTAs pose challenges to the global harmonization of FTA ROOs.
Strengthen US Sanctions by Enabling Regularized Use of Humanitarian Exemptions
Authors: Faulk Ginger T.
Published: June 2024

US sanctions have documented humanitarian impacts on domestic populations, resulting from restrictions on a country’s access to foreign currency and international trade, impeding its ability to recover from economic collapse and a weakening of civil society. In spite of efforts to carve out humanitarian exemptions, shipments of food and medicine have failed to materialize. This article explores the causes for the continuing gap between US policy intentions and real-world benefits for domestic populations of sanctioned countries and argues for specific enhancements to humanitarian exemptions and existing policy frameworks in order to bridge these gaps. The article recommends specific measures to mitigate the documented humanitarian impacts of sanctions and thereby strengthen US humanitarian policies and US policy positions globally.
The DMA Procedure: Areas to Improve
Authors: Pantelidis Konstantinos
Published: June 2024

The introduction of the Digital Markets Act (the ‘DMA’) marked the beginning of a new regulatory framework for limiting the impact of strong platforms in digital markets. With the aim of ensuring fairness and contestability in digital markets, the new Regulation provided for a detailed administrative process, in the form of market investigations, for determining which of the digital platforms act as gatekeepers in their respective markets, whether the designated gatekeepers comply with their obligations, and to what extent new obligations must be introduced to account for new developments. This article discusses some preliminary issues related to the European Commission’s administrative procedure for enforcing the new regulation. Upon summarizing the key elements of the DMA procedure, it focuses on four issues: the relationship between the DMA and competition law and problems regarding their parallel application; the obligation for recording interviews conducted for the purposes of gathering information regarding the subject matter of a market investigation; access to file limitations; and the absence of provisions regarding private enforcement and the possibility for third parties to claim damages.