bluuebunny/crossref_metadata_2025 huggingface dataset:
COVID19 PANDEMİSİNİN TÜRKİYE’DEKİ DİJİTAL DÖNÜŞÜM SÜREÇLERİNE ETKİSİ
Authors: Çınar Berkant , Güngör Yıldız , Uyar Sercan , Tarhan Çiğdem
Published: March 2022

2019 sonunda ortaya çıkan COVID-19 pandemisi tüm dünyaya hızla yayılmış, tehlikeli bir hal almıştır. Virüsle savaşmanın en önemli yolu teması azaltmak olduğu için ülkemizde de bu süreçte karantina ve izolasyon kararları alınmıştır. Kapanma dolayısıyla temel hizmetler aksamaya hatta durma noktasına gelmiştir. Kamu hizmetlerinin aksamaması için ülkemizde de ortaya dijital çözümler çıkmıştır. Eğitimde uzaktan eğitim için EBA, Kamu hizmetlerinde E-Devlet Kapısı, Sağlık hizmetlerinde ise E-Nabız ve Hayat Eve Sığar uygulamaları dijitalleşme döneminde vatandaşlar için önemli rol oynamıştır. Durma noktasına gelen ticaret hayatında ise dijitalleşen sektörler çalışmalarına devam etmiş, hatta artan talepten ötürü e-ticaret sektöründe büyüme yaşanmıştır.
INFLUENCE OF DIFFERENT THEORIES OF ETHICS ON ORGANIZATIONAL CODES OF CONDUCT OR ETHICS: A COMPARATIVE SEMANTIC ANALYSIS
Authors: Albayrakoğlu Mehmet Murat , Aydın Mehmet N
Published: March 2022

The aim of this study was to investigate the influence of various theories of ethics on codes of conduct or codes of ethics of computing and data organizations. To quantify and evaluate the differences in influence, four Python libraries, namely difflib, gensim, nltk, and spaCy, and, in addition, a web-based proprietary semantic similarity tool, Compare Text, were used. The codes of seven computing and data organizations for Information Technology (IT) professionals and scholars were compared to the descriptions of five different schools of ethical thought through four different tools. The findings were tabularized, summarized in radar charts, and their implications were discussed: It was found that there are some differences of influence on the codes by different theories. However, the percentages of similarities calculated by each tool were observed to differ, on some occasions, considerably. Finally, contributions and limitations of the current work and recommendations for further studies were presented.
From the White Paper to the Proposal for a Council Regulation: How to Treat the New Kids on the Blocks?
Authors: Mavroidis Petros C.
Published: March 2022

This Paper analyses how the network of enforcers envisaged in the Proposal for a Council Regulation on the implementation of the rules on competition laid down in Articles 81 and 82 of the EC Treaty (September 2000) would operate. We identify four issues. First, we observe that the Proposal (unlike the White Paper) includes safeguards to avoid a shift of competence in favour of national competition laws, which may be questionable in terms of subsidiarity. Second, we recognise that the accountability of antitrust authorities might vary across the members of the network, so that, for instance, some authorities may be more prone than others to accept industrial policy considerations. The preservation of the Commission's monopoly (among administrative units) with respect to decisions granting a positive application of Article 81(3) (a matter which was not fully clear in the White Paper) can be seen in this light. We suggest that the imposition of institutional constraints on Member States like accountability and independence standards could have been a more effective way of addressing the issue. Third, we observe that in the proposed framework, sequential enforcement by several authorities is likely to occur and that each Member States will have little incentive to take into account in its decision the interests of other Member States. We show that such a system of enforcement can have a 'disintegrating effect', to the extent that it does not allow for a balance between positive and negative net benefits across Member States. The Proposal contains a number of measures which may reduce the scope of multiple enforcement, without however addressing the underlying incentive issue. We suggest that additional co-ordination between the members of the network may prove necessary. In particular, we advocate the re-emergence in the intra-EC context of a 'positive comity' obligation and we suggest that a formal procedure for co- ordination between different institutions might turn out to be necessary. Finally, we observe that if the Proposal formalises the (vertical) relationship between the Commission and the national competition authorities (beyond what was considered in the White Paper), it fails to bind the Commission discretion. We argue, in light of the US experience with multiple enforcement that such commitment would be useful.
Report on the CECL Conference on European Company Law in Accelerated Progress
Authors: Uziahu-Santcross Odeaya
Published: March 2022

On 23 September 2005 a conference was held in Leiden, the Netherlands, about recent developments of European company law, inspired by the adoption of the Commission?s Action Plan in 2003.Many topics were covered, inter alia the EC harmonization ability as such, the Takeover Directive, the SE and the pending reform of UK company law. During the conference, discussions were initiated by Professor Jaap Winter.
Piercing the Corporate Veil
Authors: Vandekerckhove Karen
Published: March 2022

This is a synopsis of a research project performed by the author on piercing the corporate veil. The legal systems of five European countries and of the US are analysed and compared.
Towards a New Architecture for European Banking Supervision
Authors: Lamandini Marco
Published: March 2022

Under Article 25 of the ECB Statue, the ECB may only render opinions on the scope and implementation of EC legislation on prudential supervision and financial stability. This provision raises the question how supervision on multi–jurisdictional financial conglomerates can be best allocated.
Electronic Voting by Shareholders in Spain
Authors: Iglesias Rodríguez Pablo
Published: March 2022

The European Shareholders’ Rights Directive allows Member States to grant firms the right to provide electronic voting to their shareholders. This contribution analyzes the already existing rules on electronic voting in Spain for listed firms.
Insider Dealing Defined: The EU Court’s Decision in Spector Photo Group
Authors: Lau Hansen Jesper
Published: March 2022

By its decision in the Spector Photo Group case, the ECJ has clarified what constitutes insider dealing and what it takes to prove it. Hansen explains the ins and outs
Harmonization of Insolvency Law in Europe
Authors: Wessels Bob
Published: March 2022

In April 2010, at the request of the European Parliament’s Committee on Legal Affairs, a report was presented on the harmonization of Insolvency Law at the EU level. In the report disparities between several national insolvency laws are described. The report displays of a number of areas of insolvency law where harmonization at EU level could be worthwhile. However, as the H-word (harmonization) has been avoided the last decade, the question arises whether such harmonization is feasable in any form.
The Financial Assistance Prohibition: Origins, Evolution, and Future
Authors: Hooft Kees
Published: March 2022

Article 23 of the - revised - EU Capital Directive permits Member States to allow public companies to make loans or provide security to third parties to have them acquire shares in the company, if certain conditions are met. This contribution places these financial assistance rules within its historical perspective and sets out recent developments in certain jurisdictions, ending with a discussion of expected developments.
Proxy Advisors in Europe: Reform Proposals and Regulatory Strategies
Authors: Fleischer Holger
Published: March 2022

The rise of proxy advisors as powerful players in corporate governance has been increasingly catching attention. There are a number of criticisms and concerns about proxy advisors, including allegations of conflicts of interest, a lack of transparency and faulty methodology.
New Disclosure Requirements under the Dodd-Frank Financial Reform Act: A Move towards Greater Transparency
Authors: Taylor Celia R.
Published: March 2022

This article discusses disclosure in US securities law under the Dodd-Frank Act. As relevant to corporate social responsibility (CSR), the Act requires increased due diligence. While uncertainties in application exist, this represents a step towards greater transparency that will ultimately be beneficial to issuers.
Sovereign Wealth Funds and Socially Responsible Investment: Dos and Donts
Authors: van der Zee Eva
Published: March 2022

This article explores sovereign wealth funds (SWFs) in terms of socially responsible investment (SRI). It examines the concept of SRI and compatibility with the Santiago Principles, ultimately discussing whether SWFs, due to their link to the state, should become leaders in the sustainable investment field.
New Trends in French Corporate Governance: Towards a Stakeholder-oriented Approach?
Authors: Magnier Veronique
Published: March 2022

This article discusses how recent reforms will cause a shift in French corporate governance. They accentuate the already-established stakeholder corporate culture widespread in Europe and reflect an increasingly stakeholder-oriented French corporate governance. One that stands in marked contrast with that of the US.
Vale: Increasing Corporate Mobility from Outbound to Inbound Cross-Border Conversion?
Authors: Roelofs Erwin R. , van Eck Gerco C.
Published: March 2022

On 12 July 2012, the Court of Justice of the European Union rendered a judgment in the Vale case. With this judgment, an important further step has been taken with respect to cross-border restructurings within the EU, especially with respect to crossborder conversions. In 2008, the EU Court rendered a judgment in the Cartesio case in which it considered that the cross-border transfer of the seat of a company within the Member States falls within the scope of the freedom of establishment 'to the extent that it is permitted under that law - the law of the Host Member State - to do so'. In Vale, the EU Court has given a clear answer to the meaning of those latter words.
The Nullity of a Merger under Romanian Law
Authors: Hinescu Arcadia
Published: March 2022

In Romania, the legislature took over the European provisions on legal mergers mostly verbally. This has resulted in a sufficient level of legal protection of the rights and interests held by the shareholders of the merging companies. The nullity of a merger has a distinct legal nature, as there are only limited situations in which such nullity may be invoked, and the term during which the nullity can be invoked is also limited.
Importing Delawares Fiduciary Duties to South-Eastern European Countries
Authors: Sejdiu Korab R.
Published: March 2022

The countries of South European Europe are engaged in serious efforts to develop new company laws. However, they still seem to lag behind leading states in company law such as Delaware in the USA and Germany in the European Union. At the same time, with regard to the principles of fiduciary duties, the company laws of these countries are much in line with the law of Delaware, especially due to the heavy impact that American technical assistance has had and continues to have on the drafting of those laws.
The Judgment in CJEU C-186/12 (Impacto Azul): Company Law, Parental Liability and Article 49 TfEU  A Plea for a Soft Law Oriented EU Law Approach on Company Groups
Authors: Rammeloo Stephan
Published: March 2022

In June 2013 the CJEU provided for a preliminary ruling under Article 49 TfEU with regard to the exclusion under national law of joint and several liability of parent companies vis-à-vis the creditors of their subsidiaries in a cross-border context. The Court's ruling calls for an investigation on the wide range of (potential) legal ramifications for companies (and firms) embedded in a group structure while operating on a cross-border scale, notably in view of the need to establish a Union wide level playing field. However, the judgment does not entail any progress in the field, as the Court refrains from delineating clear EU law standards.
Reforming Company Law for Sustainable Companies
Authors: Lambooy Tineke
Published: March 2022

In the discussion on making companies act more sustainable, one of the most neglected fields of law is company law. In the Sustainable Companies Research Project of Oslo University, researchers from 25 jurisdictions have explored which barriers and possibilities exist to utilize company law for creating sustainable companies. In the final conference, the researchers presented proposals for law reform. Several of these ideas have been captured in the short articles in this ECL issue. Lambooy summarizes the themes and explains how they interrelate.
Better Accounting for Corporate Shareholding and Environmental Protection
Authors: Biondi Yuri
Published: March 2022

This article purports to better represent and control the relationship between shareholding and the business firm, by balancing shareholding rights and obligations with other stakeholders' interests and the general interest. On this basis, EU accounting for environmental liability provisioning is improved through capitalization and securitization of nominal estimates of future expenditure to cover environmental future costs which are voluntary or compulsory incurred
Energy Subsidy Reporting: Its Creation and Enforcement through International Financial Reporting Standards (IFRS)
Authors: Heffron Raphael James
Published: March 2022

This article proposes that the International Accounting Standards Board introduce a new International Financial Reporting Standard (IFRS) to require energy companies to disclose subsidies received by the energy sector. The effect could be transformative among energy sources, and permit the development of a more equitable and informed subsidy system. Low carbon energy technology companies would stand to gain significantly from a redistribution of energy subsidies
The European Legislative Framework for Audit Committees
Authors: van der Elst Christoph
Published: March 2022

This first analysis of the new European legal framework of audit committees of public-interest entities shows that the role and importance of this committee is considered to be pivotal. The requirements to monitor the work and independence of the auditor should not be underestimated. There are some doubts, however, whether all the new measures are all equally advantageous for reaching the goal of an effective statutory audit.
Financial Crisis and Directors Liability on Trial: The Case of the Dusseldorf IKB Bank
Authors: Fleischer Holger
Published: March 2022

Courts and arbitration panels in Germany are still struggling with liability cases arising out of the financial crisis. In this, special attention has been given to the liability of managing directors under the Stock Corporation Act. Most of the liability suits relate to the disastrous impacts of investments by German banks in US-structured securities. The leading case concerns the Dusseldorf-based IKB ('Industriekreditbank').
Undertakings for the Collective Investment in Transferable Securities Directive V: Increased Protection for Investors
Authors: Alshaleel Mohammed K.
Published: March 2022

This article considers the impact of the European Union’s new Undertakings for the Collective Investment in Transferable Securities Directive (UCITS V) on investor protections and the system’s alignment with the EU’s Alternative Investment Fund Managers Directive (AIMFD). It scrutinizes the historical development of the UCITS Directives, the pivotal role of the depositary in the UCITS fund industry and the key regulatory changes of UCITS V. It concludes that the UCITS V provides greater protection for investors and should encourage confidence in UCITS products.
The Use of Corporate Mobility Instruments and Brexit: An Empirical Analysis
Authors: Biermeyer Thomas , Meyer Marcus
Published: March 2022

Based on a dataset between 1 January 2017 and 30 November 2019, it can be concluded that UK companies make use of cross-border mergers and cross-border seat transfers of Societates Europaeae (SEs) in order to move from the UK to other EU Member States. Such cross-border transactions primarily concern companies from the financial sector, but also companies from other sectors are relocated.

cross-border merger, cross-border seat transfer, Societas Europaea, Brexit
AI and the Board Within Italian Corporate Law: Preliminary Notes
Authors: Domenico Mosco Gian
Published: March 2022

Artificial Intelligence (hereafter: AI) is transforming our everyday life in many important respects. The corporate realm is no exception. Many corporations cannot avoid facing the variety of issues raised by the increasing importance that AI plays within firms. Can an AIbased system be appointed as a board member? Can boards delegate specific tasks to AI-based systems? What are the implications and consequences of AI-involvement when designing the corporate structure? How does the choice to resort to, or to depart from the suggestions of an AI-based system expose, eliminate, or alleviate directorial liability? After a general discussion of AI and its projected use in the corporate context, this article aims to address, in a preliminary fashion, these basic questions within the framework of Italian corporate law.

Artificial Intelligence, AI, Corporate Governance, Board of Directors, Blockchain, FinTech, RegTech, Business Judgment Rule, Director´s Liability
Report from the Netherlands: Recent Developments with Respect to Company Law in the Netherlands
Authors: Mellenbergh Rik
Published: March 2022

chain principle, mandatory bid, cascade offer, takeover regulation, minority shareholders protection, equal treatment of shareholders, market for corporate control, control, significance test, premium value
Comparing LED and GDPR Adequacy: One Standard Two Systems
Authors: Drechsler Laura
Published: March 2022

The 2015 Schrems decision established that for an adequacy decision authorizing personal data transfers from the European Union (EU) to a third country, that third country has to have a level of protection of fundamental rights and freedoms ‘essentially equivalent’ to that in the EU. Since May 2018, the European Commission (Commission) has the exclusive competence not only to assess third countries for an adequacy decision in relation to the General Data Protection Regulation (GDPR) but also in relation to the Law Enforcement Directive (LED). However, so far, no LED adequacy decision has been adopted.

The absence of any LED adequacy decisions and the presence of GDPR adequacy decisions (the latest concerning Japan) invites a comparative analysis of adequacy decisions under both EU instruments, also to assess whether GDPR adequacy decisions could serve as orientation for the adequacy assessment under the LED as suggested by the Commission. Having conducted this comparison, I argue that actually LED adequacy decision would have to be properly separated from GDPR adequacy decisions, as even though they aim to achieve the same standard of essential equivalence, their system of protection for issues connected to the processing of personal data in a law enforcement context differs.

Adequacy decisions, law enforcement, LED, international personal data transfers, fundamental rights, standard of essential equivalence, GDPR
The General Data Protection Law in Brazil: What Comes Next?
Authors: Sombra Thiago Luís
Published: March 2022

The Brazilian Data Protection Law (LGPD) will enter into force in August 2020. Brazil was one of the few countries among the major global economies not to have a regulatory framework for personal data protection, which means, it was a minor player in the subject with sparse regulations such as the Civil Rights Framework for the Internet, Civil Code and the Consumer Protection Code. The cultural change to be imposed by LGPD can be noticed by the principles that give legal grounds to the law. With around ten general principles, including purpose, necessity, open access, transparency, security, liability and accountability, which are particularly emphasized, LGPD aims to rebalance the games of power, increase transparency, responsiveness and empower the subjects of personal data in their interactions in cyberspace.

Data Protection, cybersecurity, data subjects, LGPD, GDPR, Brazil
The Multilateral Trade Regime: Which Way Forward? A Look at the Warwick Report
Authors: Vadi Valentina S.
Published: March 2022

In the light of the complex negotiations of the Doha Development Agenda, the Warwick Commission has been charged with carrying out independent analysis with the goal of making recommendations about how the World Trade Organization (WTO) should move forward. In December 2007, the Commission has released its fi rst report, entitled The Multilateral Trade Regime: Which Way Forward?

This article attempts to review the most significant findings and proposals of the Report, and to criticize some of its shortcomings. The composition of the Commission and its focus almost exclusively on procedural issues constitute serious defects of the Report albeit not altering the value of the proposals. The author calls for a more representative study, carried out on more substantial issues. Importantly, multidisciplinary approaches would promote creative and constructive thinking about the future of the world trade.
A Personal History of Zeroing
Authors: Horlick Gary N.
Published: March 2022

The author describes the origin of the ‘fair comparison’ language of Article 2.4 of the WTO Antidumping Agreement, and its impact on the ‘Zeroing’ disputes in the WTO.
Legal and Regulatory Aspects of International Single Window Implementation: The ASEAN Experience
Authors: Chong Kah-Wei
Published: March 2022

Whilst efforts concerning the development of Single Window facilities have been focused on technical issues for some time, it is only recently that attention has turned to the necessity for creating an enabling legal infrastructure to ensure the success of a Single Window facility or a regional Single Window network. The UN/CEFACT Recommendation No 35 on Establishing a Legal Framework for International Trade Single Window is expected to be released soon. In 2008, the WCO and UNCITRAL formed the WCO-UNCITRAL Joint Legal Task Force on Coordinated Border Management Incorporating the International Single Window to bring together experts from both organisations to develop a comprehensive international reference document that will provide guidance on the legal aspects of international Single Window implementation to governments that are considering the implementation of Single Window facilities. Given that no regional or international Single Window has yet been implemented, governments that are engaged in regional or international Single Window projects do not have the benefit of learning from the experience of other successfully implemented regional or international Single Window projects. Being a relatively recent field of study, the full extent and complexity of the legal and regulatory issues arising from the implementation of a regional or international Single Window network has yet to be clearly understood. This paper discusses some of the key legal and regulatory issues arising from the implementation of a domestic or national Single Window, and those arising from the implementation of a regional or international Single Window network. It highlights that such legal and regulatory issues should be taken into account during the planning and design phase of a Single Window project.
Comments on the Use of Trade Defence Instruments against the EU in the Current Economic Downturn
Authors: Depypere Stefaan , Nardelli S.
Published: March 2022

In parallel with the economic downturn, the number of new trade defence actions (anti-dumping, countervailing and safeguard measures) initiated by non-EU countries against EU exports has more than doubled. This is a worrying trend given the increased risk of improper use of these instruments especially in time of global economic crisis, when Governments are under exceptional protectionist pressure. Despite diverging national practices, all countries have to apply these instruments in full compliance with their international obligations. Restraint should also be exercised to preserve the true objective of remedying distortions of competition and to avoid any abuse and undue restriction to trade.
The “Middle Pillar”: Transparency and Surveillance of Subsidies in the SCM Committee—Reflections after the Global Economic Crisis
Authors: Kazeki Jun
Published: March 2022

This article examines the issue of transparency and surveillance of subsidy programs in the Committee on Subsidies and Countervailing Measures (SCM Committee) under the Agreement on Subsidies and Countervailing Measures (SCM Agreement) of the World Trade Organization (WTO). It will review what has been done in the SCM Committee on the issue in light of the global economic crisis while referring to relevant progress in other rules areas. It will then analyze current practice relating to the issue under the SCM Agreement, indicating the remaining challenges including a poor record of notifications. This article will further provide certain reflections on and lessons to be drawn from the issue after a long debate during the global economic crisis. Finally, it will touch upon future prospects beyond the SCM Agreement.
China’s Path to the Center Stage of WTO Dispute Settlement: Challenges and Responses
Authors: Ji Wenhua , Ji Wenhua
Published: March 2022

In 2009, China stood at the center stage of the World Trade Organization (WTO) dispute settlement, accounting alone for half of new disputes. From three perspectives, this article examines China’s endeavors since WTO accession to respond challenges and support its meaningful participation in WTO dispute settlement. On ideological level, the prevailing attitude toward WTO dispute settlement in China remains legalistic and positive, but this article observes that pragmatism is rising and may lead to inconsistencies of China’s behavior in the future. Concerning institution and capacity building, China is currently equipped with initially fledging internal mechanisms, growing in-house legal capacities and expanding societal supports, and has swelling potentials to compete with its fellow WTO members. However, outside legal expertise is still needed. On the issue of government and industry interaction, China has established a formal mechanism, but its utility has not yet been proven, with only one unsatisfactory instance suggesting reform is needed, not just more time. This article argues that China will likely continue to be a leading actor in WTO dispute settlement and suggests that developing country members might benefit from a consideration of China’s experience.
Trade Facilitation Measures under FTAs: Are They Discriminatory against Nonmembers?
Authors: Lazaro Dorothea , Tafgar Aiken
Published: March 2022

Are trade facilitation measures under free trade agreements (FTAs) discriminatory? This important question has yet to be sufficiently explored by the existing literature on trade facilitation. Despite the multilateral scope and nondiscriminatory objectives of trade facilitation measures, some trade facilitation measures under FTAs can be discriminatory, similar to those in preferential tariff elimination. Based on a review of FTAs in Asia and the Pacific, this study provides detailed empirical analysis on whether or not trade facilitation provisions in FTAs are exclusive to contracting FTA partners and how the measures can be discriminatory against nonmembers.
Inside ‘the CFIUS’: US National Security Review of Foreign Investments
Authors: Bellinger III John B. , Townsend Nicholas L.
Published: March 2022

Foreign companies looking for good deals buying US businesses that were hit hard by the economic downturn need to be aware that transactions that implicate the US national security are subject to significant scrutiny by the Committee on Foreign Investment in the United States (CFIUS). Several recent foreign investments have failed because of national security concerns raised by this little-known US government committee. National security review by the CFIUS can be a frustrating process for international investors who are not well-prepared. Potential foreign investors should understand how the US national security review process works and how the Obama Administration’s trade policy and the highly politicized national security debate in the US could impact their transactions. This article provides international investors an informal guide to the CFIUS process to help them understand what is involved and benefit from lessons learned from past transactions.
Authorized Economic Operator in Norway and Switzerland
Authors: Weerth Carsten
Published: March 2022

The Authorized Economic Operator (AEO) status has been introduced in Norway and Switzerland in 2009. This article shows the acceptance and developments in these countries.
Foreign Corrupt Practices Act Conviction of Lindsey Manufacturing May Embolden U.S. Authorities, But Should It?
Authors: Ritcey-Donohue Joanna , Schafer Jamie A.
Published: March 2022

On May 10, 2011, a jury verdict in the U.S. District Court for the Central District of California made California-based Lindsey Manufacturing Company the first company ever to be criminally convicted of violating the U.S. Foreign Corrupt Practices Act (FCPA).1 In a press statement, the Assistant Attorney General Lanny Breuer of the U.S. Department of Justice's (DOJ's) Criminal Division stated that ''Lindsey Manufacturing is the first company to be tried and convicted on FCPA violations, but it will not be the last.''

Understanding what led to the first ever criminal conviction of a corporation in the history of a law that is over thirty years old may add to attorneys' understanding of the current and evolving risks their clients face under the FCPA and how best to mitigate those risks. Neither has there been any recent change to U.S. law nor have U.S. authorities announced any official changes to enforcement policy. However, enforcement of anti-bribery laws in the United States, as well as in other jurisdictions, has become more aggressive and widespread. Increasingly aggressive enforcement also has intensified doubts about the value to corporations of cooperation with the U.S. and other enforcement authorities during FCPA investigations.

This evolution of the enforcement landscape seems likely to have contributed to the Lindsey decision to defend against anti-bribery charges, and the conviction may in turn shift companies' calculation as to the benefits of cooperation. Companies worldwide have been watching the Lindsey trial closely and now await the sentence, as a gauge of what outcome may await other companies that choose to fight the U.S. Government in an FCPA case. However, the Lindsey conviction may not necessarily spur greater cooperation with enforcement authorities if current aggressive enforcement trends continue and the benefits of cooperation are sufficiently dubious. Regardless of the final outcome in Lindsey, now more than ever, clients should appreciate the value and importance of implementing an effective FCPA compliance program, as U.S. authorities have now amply demonstrated that they are willing and able to criminally prosecute uncooperative companies under the FCPA.
Troubles along the U.S.-Canada Border
Authors: Rushford Greg
Published: March 2022

With more than USD 1 billion in goods crossing the U.S.-Canadian border every day, no wonder no wonder that President Barack Obama and Canadian Prime Minister Stephen Harper boast their close ties. Yet behind the scenes, there are awkward tensions over mutual accusations of protectionism-and also disturbing border-security issues stemming from rampant smuggling of illicit tobacco, narcotics, guns, and human beings.
From Political Pre-occupation to Legitimate Rule against Market Partitioning: Export Subsidies in WTO Law after the Appellate Body Ruling in the Airbus Case
Authors: Flett James
Published: March 2022

Since its inception, GATT/WTO subsidies law has been troubled by two distinct but related questions: what are export subsidies and why should they be specifically regulated? The parameters of the first question have been blurred, inter alia, by ambiguous references to de facto export subsidies. And perplexity about the second question has been driven by the observation that export subsidies tend to be either ineffective or to enhance welfare in the importing country. In the Airbus case, the Appellate Body confirmed that an export subsidy is a subsidy contingent upon export. The Appellate Body further confirmed that assessing whether or not there is a subsidy contingent in fact upon export does not involve changing the legal standard but merely the consideration of different evidence. In particular, the Appellate Body faulted the panel for equating the legal standard of contingency with an enquiry into the reasons for which a subsidy is granted. Rather, the adjudicator must explain how the evidenced facts, working together in specifically explained ways, permit the existence of a contingency to be inferred. The concept of an export subsidy in WTO law has thus evolved from an intuitive if imprecise and irrational pre-occupation with exports, into a contemporary and legitimate concern with market partitioning, as in EU State aid law. From that perspective, it is logical to conclude that certain other market partitioning contingent subsidies are also inconsistent with various provisions of the WTO Agreement.
Judicial Review of Anti-dumping Measures in China
Authors: Lingchen Pu
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.
Case Note  Thailand  Customs Valuation and Royalties
Authors: Sukparangsee Picharn , Supakijjanusorn Luxsiri
Published: March 2022

The Supreme Court of Thailand has ruled in favour of an importer, finding that the royalty payment was not part of the dutiable value of the imported merchandise.
What a Customs Lawyer Should Know about EU Value Added Tax (VAT) Law
Authors: Vitkauskaite Kristina , Schrömbges Ulrich
Published: March 2022

It is a widely held belief that persons handling imports and exports mainly need to know customs legislation and the rules on import/export prohibitions. However, insofar as the financial aspects of import are concerned, the amount of import Value Added Tax (VAT) is normally higher than that of customs duty, given that a high proportion of goods can be imported into the EU duty-free or at low duty rates, whereas for import VAT the standard rate ranges - depending on the Member State concerned - between 15% and 27%. Though VAT - different from customs duty - is intended to be borne by the final consumer and VAT relief is to be granted when goods are exported or brought to another Member State, there are a number of pitfalls which can lead to the result that the importer or exporter or his representative has to bear the burden of VAT. This article describes in a simple way the VAT rules for import (including import followed by an onward delivery to another Member State) and export and explains their link with, or divergence from, the customs rules. In order to facilitate comprehension and to limit the size of this article, not all details of the EU VAT legislation and its implementation by Member States are explained, so that for specific cases individual advice by a specialized lawyer or tax consultant should be sought in the Member State concerned.
South Koreas Free Trade Agreements with the EU and EFTA: How Do They Compare?
Authors: Nordgaard Lars Erik , Rydelski Michael Sánchez
Published: March 2022

Given the years of deadlock over the Doha Agenda, many WTO Members have actively engaged in bilateral negotiations to advance their goals of mutual liberalization. The European Union and the four EFTA States (Iceland, Liechtenstein, Norway and Switzerland) are no exception to this development and indeed are most active in pursuing their trade and related interests through bilateral Free Trade Agreements with key trading partners. The most ambitious Free Trade Agreements concluded so far by the European Union and EFTA are both with South Korea. This article describes the key features of both Agreements. It examines how they compare and to what extent they achieve their objectives.
Liberalization of Legal Services in India: The Role and Consequences of the Free Trade Agreements EU-India
Authors: Muller Gilles
Published: March 2022

Since the early 1990s India has progressively liberalized its economy to become fully integrated in the globalization process becoming one of the fastest growing economies in the world. This situation stands in sharp contrast with its legal services market, which remains totally closed to foreign lawyers. Nevertheless, economic developments as well as intense lobbying of foreign legal services suppliers have pressed the Indian government to liberalize its legal services market. However, the Indian government has faced fierce resistance from domestic lawyers. As a result, the situation has been paralyzed for over two decades with the government delaying action. Within this context, the conclusion of free trade agreement with the EU and the potential gains for the Indian economy has become a powerful incentive for liberalization. This article aims to analyze the role and consequences of this agreement in the liberalization of legal services in India.
The De Facto Accession of the European Communities to the World Customs Organization: Process and Significance
Authors: Yamaoka Tokio
Published: March 2022

Normally, it is a very simple matter to become a Member of the World Customs Organization (WCO). In some cases, however, political and legal problems constitute stumbling blocks. Following a decision to allow accession of the European Communities (EC) by the WCO Council, the accession remains ad hoc, pending amendment of the Convention establishing the WCO. This article explores issues related to the accession process of the EC to the WCO and issues concerning the decision to allow accession and the Convention establishing the WCO. Because the WCO's status as an international organization has not been satisfactorily addressed , this article also focuses on its characteristics, as compared with those of the World Trade Organization (WTO). In closing, this article will consider and evaluate the political impact of the EC's accession to the WCO.
A New Creative Ruling of the Italian Supreme Court of Cassation on Customs Penalties: Time for a EU Harmonized Customs Regime?
Authors: Gambardella Maurizio , Gambardella Maurizio
Published: March 2022

A recent ruling (No. 1397/2013) of the Italian Supreme Court of Cassation on customs penalties has identified new aspects of the long running debate around the call for a harmonized EU customs penalties regime. This ruling supports the applicability of domestic customs penalties to cases that fall outside the scope of the applicable law. This article first offers an overall picture of customs penalties at EU level; next, after a brief introduction to the applicable law covered by the case, we will briefly comment on the controversial ruling. Lastly, we will offer some conclusions as to the consequences rising from an inconsistent interpretation of a domestic customs penalty regime in one EU Member State.
Cross Retaliation under the WTO-DSM
Authors: Singh Manoj Kumar
Published: March 2022

The WTO dispute resolution system provides mechanism for finding out a solution for dispute occurred between the member nations. In respect to the same Dispute Settlement Body (DSB) authorized sanctions to be imposed when a member country is unwilling to comply. However, the retaliation process has some ambiguities and difficulties and also has undesirable economic features. In fact, in the traditional retaliation, trade concessions may cause economic loss to the less powerful member using them. Hence term cross retaliation is invented and the same is used as a weapon against the developed nations to make them comply with the World Trade Organization (WTO) obligations. This chapter discusses in brief the dispute settlement process, traditional retaliation and its drawbacks, the introduction of cross retaliation in the WTO dispute settlement process. The leading cases in which cross retaliation is allowed by the appellate board and use of cross retaliation under the Trade-Related Aspects of Intellectual Property (TRIPS) agreement.
The Canada  EU Free Trade Agreement Demystified: New Opportunities for Trade, Investment and Government Procurement
Authors: Kiselbach Daniel
Published: March 2022

The Canada-European Union Comprehensive Economic and Trade Agreement (CETA) 'agreement in principle' was signed on 18 October 2013 by Prime Minister Harper and European President Jose Manuel Barroso. On 29 October 2013, the Prime Minister tabled a report on CETA and hailed it as: 'the biggest deal ever concluded by Canada'. If it is not the biggest deal, it is certainly a big deal. CETA provides a variety of trade, investment and government procurement opportunities to Canadian and EU businesses which are expected to pay dividends for years to come. CETA will provide Canada with access to the twenty-eight member EU, which has over 500 million consumers, and CDN 17 trillion in annual economic activity. It will remove 98% of EU import tariffs on goods originating from Canada (e.g., aerospace parts, agricultural products, automobiles, beef and bison, chemicals, dairy products, forest products, fruits and vegetables, grains and oils, industrial machinery, iron and steel, IT equipment, medical equipment, metals, minerals, plastic products, and seafood products). CETA could boost Canada's annual income by CDN 12 billion, create 80,000 jobs, and result in a 20% annual increase in bilateral trade. Once CETA is ratified, Canada will have preferential trade agreements with countries having 53% of global GDP (approximately CDN 36.4 trillion), and a trade advantage over the USA. The EU expects CETA to result in duty savings of approximately CDN 700 million. CETA will remove Canadian import tariffs on goods including automobiles, some cheeses, industrial machinery, seafood products, and wine and spirits. European exporters will save three times as much in annual duty payments as Canadian exporters. Canadian businesses and consumers stand to benefit if retailers and exporters pass on duty savings to them. At present Canada is the EU's fourth largest source of investment, and the EU's twelfth largest export market. CETA is not just a free trade agreement. It addresses issues such as services and investment; government procurement; intellectual property; dispute settlement; sustainable development, the environment; immigration and labour. This ambitious agreement will create business opportunities for a large number of sectors including: advanced manufacturing; the automotive industry; chemicals and plastics; agriculture and agri-food; food processing; metals and mineral products; fish and seafood products; information and communications technology; services; investment and government procurement. Within an improved regulatory environment under CETA, Canadian and EU businesses will be able to forge new alliances, and access new markets.
Indias Food Security Concerns and the WTO Bali Ministerial Decision
Authors: Nedumpara James J.
Published: March 2022

The Bali Ministerial decision on public stockholding for food security purposes was a triumph for India - welcomed by both the domestic constituents and other members of the WTO community. The decision was particularly important for India in the context of the enactment of the National Food Security Act, 2013. However, the lasting impact of the Bali Ministerial Decision will depend on the ability of World Trade Organization (WTO) members in securing a long term solution for authorizing various public stockholding programmes targeted at subsistence and resource-poor farmers. While the burden has shifted to the developed countries to find a permanent change in the provisions of the Agreement on Agriculture (AoA), the developing country food security programmes, including India's NFSA, could still face difficulties if a negotiated outcome is not achieved by the 11th WTO Ministerial Conference.
Drawing Down Bribery Risks: Complying with the FCPA While Doing Business in Afghanistan in 2014 and Beyond
Authors: Cunningham Nathan W.
Published: March 2022

Changes in Afghanistan's security environment present challenges for western companies operating in Afghanistan; many will see an increased reliance on local partners, a higher tolerance of dangerous environments, and greater exposure to corruption risks. Given Afghanistan's entrenched culture of corruption, companies must minimize the corresponding risk under the Foreign Corrupt Practices Act ("FCPA"). This article provides a primer on the FCPA's provisions to give compliance personnel guidance. It contains a description of certain payments demanded by the Afghan government from companies supporting U.S. government operations in Afghanistan to illustrate certain difficulties with doing business in Afghanistan as well as a description of the general characteristics of doing business in Afghanistan. It concludes with recommendations for companies doing business in Afghanistan.
The Confiscation by Equivalent in Customs Matters in Belgium
Authors: Diaz Gavier Patricio
Published: March 2022

Belgian customs law authorizes severe penalties for violations. One of the penalties is confiscation. If the goods at issue cannot be returned for confiscation, the judge can order payment of the value of the goods. In a recent judgment, the Supreme Court confirmed the legality of what is known as 'confiscation by equivalent', much to the dismay of scholars. Although not intended as a scholarly treatment, the issue is timely, interesting and important to customs practitioners.