bluuebunny/crossref_metadata_2025 huggingface dataset:
Revisiting the Conflict Minerals Rule
Authors: Melin Yves , Brackett Alex , Levin Estelle
Published: March 2022

Companies listed in the U.S. are required by Section 1502 of the Dodd-Frank Act to report whether they manufacture products that incorporate socalled conflict minerals (defined as gold, tin, tungsten and tantalum coming from the Democratic Republic of Congo and its neighboring countries). The first part of this article reviews the conflict minerals rules of Dodd-Frank, and assesses their impact. In the authors' view, Dodd-Frank has failed to achieve its objective to reduce the financing of armed conflicts in Eastern Congo through the illegal trade in minerals, and has created a de facto embargo against minerals mined responsibly in the region.

The European Commission proposed in March 2014 conflict minerals rules for the EU. The second part of this article summarizes the proposed Regulation (and the impact assessment report and studies underpinning it), compares the EU proposal with the U.S.'s Dodd-Frank, and critically reviews it in view of its stated objective. In the authors' opinion, the EU proposal helps improve the ability of operators to perform due diligence of their supply chain. But it does not contain any meaningful incentive meant to foster the responsible sourcing of minerals from conflict areas. If adopted as such, the proposed EU rules are likely to result in the same embargo as the one Dodd-Frank created, but for the EU this time, and for potentially a lot more countries than the African countries targeted by Dodd-Frank.
WTO Implications of Chinas Food Security Policy
Authors: Palma Carolina
Published: March 2022

This commentary describes some of the agricultural policies adopted by China with focus on the pillars of internal support and export competition, and it briefly explains its policies in the field, which is of interest to research on China in order to have an overview of its agricultural measures, which have contributed to food security in the last thirty years. Such measures along with numerous poverty reduction programmes have made it possible for China to be the first nation to achieve the Millennium Development Goals of poverty reduction. However, it suggests that to maintain sustained food security, some of the programmes implemented recently will not contribute to long-term food security nor are they compatible with China’s WTO commitments under the Agreement on Agriculture (AoA). Even if such measures stay within the limits of the AoA, revision is necessary to meet national food security goals. Moreover, those policies have implications on the multilateral system and for other WTO members. China’s WTO accession has brought more food security overall, both to China and to the rest of the world. However, policies should be directed towards continuous work and reform to meet WTO and the multilateral trading system’s goals for greater food security.
AEO Programmes Worldwide: From MRAs to a General AEO Agreement?!
Authors: Weerth Carsten
Published: March 2022

The Authorized Economic Operator (AEO) status is being introduced around the globe in more and more countries in order to combat terrorism by better security measures in World Trade. This paper gives an overview about existing AEO programmes and new AEO programmes which are about to start in 2015. It describes in detail the Mutual Recognition Agreements (MRAs) which have been concluded to date. And it calls for a General AEO Agreement in order to facilitate the AEO acknowledgement by traders and governments alike in many less developed countries of the world.
Leadership and Management Development: Meeting the Challenges of Economic Integration
Authors: Altemöller Frank
Published: March 2022

There is currently a lively discussion underway over free trade agreements, including examples such as the Transatlantic Trade and Investment Partnership (TTIP) between the US and the EU or the agreements within the framework of the European Neighbourhood Policy. Each of the parties is faced with high demands in the negotiations. These are concerned with the enforcement of important ‘national interests’ and the preservation of state sovereignty, with the environment and consumer protection, with broad scale social issues and finally, with ‘fair and just solutions’ for those involved.

However, there is an entirely different issue, which is much less in the public eye. This concerns what happens after the agreements have been negotiated and then adopted in the Member States. Ultimately, the success of economic integration agreements is dependant not only on their substantive content. An equally important question concerns the actual willingness of the parties, and how successful they will be in taking on and integrating the relevant provisions into their legal, economic and administrative practice. The challenge of implementation was inadequately taken into account in the past. In the current debate, it is gradually gaining the position of importance it actually deserves.

The author will argue that economic integration requires processes of change. This calls for a complex knowledge management system, in particular for the development of leadership and management. Corresponding approaches are presented in this article and then illustrated with relevant examples.
Solving the Conflict Minerals Puzzle
Authors: Vyboldina Elena
Published: March 2022

The on-going crisis in the eastern provinces of the Democratic Republic of Congo (DRC) has taken place since 1998, witnessing humanitarian disaster, violence and state instability. This issue is a cause of concern for the international community. In an attempt to solve the problem, the US has provided its legislative solution, now it is the turn of the EU authorities to propose their way on how to address this issue. This article will analyse the proposed solutions and try to answer the question: what is still missing in order to solve the conflict minerals puzzle?
A New World of Causation in Safeguards: Application of the But for Test
Authors: Tayal Pratik
Published: March 2022

Safeguard measures are a response to increased imports that cause or threaten to cause serious injury. Therefore, establishing the causal link between increased imports and serious injury is central to safeguards. This seemingly simple task has been the subject matter of a long controversy. In this backdrop, this paper seeks to critically analyse the causation requirement under the Safeguards Agreement and subsequently proposes an alternative theory of causation known as the ‘but for’ test. This theory posits that increased imports will be considered to be a cause of the serious injury only if they are necessary to cause them. It is sought to be argued that the ‘but for’ test is (a) a better understanding of the causation requirement as regards the objective of Safeguards, (b) a more appropriate interpretation of the text and (c) has practical benefits that overcome the limitations of the present model.
Pakistans Trade Performance in Two Decades of the WTO Regime: Implications for the Future
Authors: Bhaur Mehnaz
Published: March 2022

In the Financial Year 2014–2015, which marks the completion of two decades of the WTO trading arrangements, Pakistan registered the highest ever trade deficit of USD 22.95 billion. Mehnaz Bhaur conducts a trend analysis and finds out that the country’s trade deficit is a systemic issue characterized by a gradually widening trade gap, which has undergone a further decline in the previous year.

If this trend is not managed, Pakistan’s economy will undergo a downward spiral marked by low exports, high imports, low productivity, decline in growth, lack of investment, increased debt, and extreme poverty. The situation can be compounded by the evolving demographic realities with the population projected to double in thirty-five years, resulting in a large unemployed youth presenting a potential risk of conflict in the country.

Where some benefits of trade liberalization have been registered; those are not substantial to offset the challenges presented by the rising import bill and sluggishness of the economy. Pakistan needs to adopt a comprehensive set of policy actions concentrating on creating a stable macroeconomic framework, devising a credible business-friendly environment and developing skilled youth to be able to realize the promises of trade liberalization linked with sustainable growth outcomes.
Tracing GATT-Minus Provisions on Export Restrictions in Regional Trade Agreements
Authors: Zhang Weiwei
Published: March 2022

Regional Trade Agreements (RTAs) have been applauded for advancing new disciplines on export restrictions beyond those provided under the World Trade Organization (WTO), especially with regard to export duties. Nevertheless, RTA provisions that fall short of the WTO’s general prohibition on quantitative restrictions on exports are largely unnoticed. It is important to explore the frequency of these GATT-minus RTA provisions on quantitative export restrictions, their economic importance and the implications for the WTO. WTO Members should be alerted by the prevalence of such provisions and their compatibility with the WTO.
Article 2.2 of the TBT Agreement: More Complicated than Necessary?
Authors: Aneno Karyn Sandra , Sánchez Alejandro
Published: March 2022

Article 2.2 of the Technical Barriers to Trade Agreement requires that technical regulations shall not be more trade restrictive than necessary. The legal standard of Article 2.2 is composed of various elements which have been developed in World Trade Organization jurisprudence. This article explains the different components of Article 2.2, and presents a critical analysis of the issue of ‘risks of non-fulfilment’.
Representations and Warranties in Sale and Purchase Agreements : The Italian Perspective
Authors: Salatino Gregorio
Published: March 2022

This article examines the Italian practice with respect to ‘Representations and Warranties’ in Sale and Purchase Agreements (SPA). The author has also analysed theories and case law referred in this article in another paper published in Italian language on a leading Italian review, namely Salatino, ‘Patto di garanzia’ nel contratto di acquisizione (‘Sale Purchase Agreement’), in Giurisprudenza Commerciale 891/II (2015), no. 5. In particular, this article is a simplified version of the Italian one, and its aim is to share the analysis with non-Italian speaking practitioners to provide general information on compliance with Italian law that provisions contained in representations and warranties may trigger, and how to resolve such issues.
Anti-Circumvention of Anti-Dumping Measures: Law and Practice of Argentina
Authors: Arnolt Paola
Published: March 2022

The article intends to summarize the Argentinean approach to anti circumvention processes. As these kinds of investigations are scarce and procedures are vague, we tried to review existing precedents to reach to some conclusions on the main variables considered to determine the presence of a circumventing behaviour. I analysed the main conclusions of two cases: radial ball bearings from China and parts of bicycle frames and forks, also originated in China; both involving the import of parts of the product subject to dumping duties in order to be assembled in Argentina. I realized that these investigations do not follow strict pre-fixed parameters except for identifying a change in the characteristics of trade flows that could be related to a practice, process or activity for which there is no adequate cause or economic justification other than the imposition of the duty. I also concluded that these procedures did not necessarily require evidence of dumping’s existence but gave importance to the presence of the same exporters and importers of the original dumping investigation. From a procedural point of view, circumvention processes could be initiated ex officio or by party request, and although being a bifurcated procedure where two technical departments are involved, it is the National Trade Commission the one that carries out a detailed analysis of the circumventing practice, whereas the technical body normally in charge of calculating the dumping margin, limits its participation to supporting the decision made by the Commission. Argentina applies additional controls to prevent circumvention, such as red channel of selectivity for the products subject to dumping duties and the demand for a certificate of origin when they are imported from a different origin. The additional requirements our country has established for goods subject to anti-dumping duties that originated in third countries, cover an important part of the broad range of circumventing manoeuvers. However, there is a full range of scenarios that surpasses these control mechanisms and for these situations that may be developed by a “creative” potential circumventing party, it is necessary to have instruments that could promptly react in case of circumvention of the measures applied.
Anti-Circumvention of Anti-Dumping Measures: Law and Practice of Ten World Trade Organization Members  Australia
Authors: Moulis Daniel
Published: March 2022

Laws dealing with practices that ‘get around’ tariffs imposed by World Trade Organization (WTO) Members on dumped or subsidized goods are well established in some Members but have only recently been introduced in Australia. The compliance of these laws with WTO norms is open to debate. The economic rationale for penalizing some kinds of commercial practice as circumvention may be similarly contested. This article outlines the Australian laws and accompanying investigation procedures, with available case studies, and poses questions about the need for them and about their legitimacy in policy terms.
Anti-Circumvention of Anti-Dumping Measures: Mexico
Authors: Uruchurtu Gustavo A.
Published: March 2022

This article addresses the origin of the Anti-Circumvention provisions in Mexico. In addition it explains the current provisions under Mexican law and if they incorporate the most common practices of Circumvention. It is explained the practice of the Mexican Investigating Authority of the application of such provisions through the analysis of the investigations that ended with a final determination. Finally, explains the current Anti- Circumvention procedure in Mexico.
Anti-Circumvention: A Comparison
Authors: Cornelis Joris
Published: March 2022

No basic multilateral definition of ‘circumvention’ is embedded within Article VI, nor in any subsequent Anti-Dumping Code or Agreement. This lack of a multilateral framework is striking, given the prominence this issue has assumed in the world of anti-dumping. Indeed, as reported in the World Trade Organization (WTO) Chapter, 36 of the 87 AD legislations that were notified to the Committee on Anti-Dumping Practices already include anticircumvention provisions and more nations are expected to follow suit. This article provides a comparison of the relevant provisions and practices in the nine jurisdictions discussed in this Special Edition of the Global Trade and Customs Journal. This article also describes certain potential WTO concerns arising from this growing unilateral ‘self-regulation’ and practice. This overview does not include other possible means of combatting circumvention that could exist outside the traditional dumping ‘arena’, such as, for example, national criminal investigations, special customs proceedings or specific antifraud investigations.
International Investment Law, Trade in Services and Customs: Legislative Strategies for States Hosting International Competitive Events
Authors: Truby Jon
Published: March 2022

Any nation hosting a mega sports event faces an onerous and pressing legislative task with an inflexible deadline to introduce or amend essential legislation in order to accommodate the many demands of the event. The requirements of international investors and the laws governing trade in services all need due consideration prior to the execution of such an event. Never before have the demands of legislative reform been more pressing than on the State of Qatar in its mammoth efforts to host the 2022 FIFA World Cup QatarTM, with a 2017 deadline to do so. The demands on a host nation to enact adequate Enabling Legislation adequate to deliver a mega sporting event are so significant and require such accuracy that before even considering what type of legislation should be passed, lawmakers must strategize as to their method of enacting wide-ranging, reformist and potentially contentious legislation.

In the context of the FIFA World Cup Qatar and other mega sporting events, this article evaluates the variety of possible legislative strategies for enacting the legal reforms required to host such an event. It does this by considering how previous tournament hosts, including South Africa, Russia and Brazil have undertaken this, as well as how London managed with the Olympic games. It then considers how best these laws can be passed to include also laws that would leave a positive legacy for the host nation. Finally it considers how the use of emergency legislation could have a detrimental affect on the host nation, and warns against overruling certain constitutional freedoms and rights.
The Brexit Vote: Its Impact on the Canada-EU Comprehensive Economic and Trade Agreement and UKs Obligations Under Comprehensive Trade and Economic Trade Agreement
Authors: Sosnow Clifford R. , Massicotte Kevin , Logvin Alexandra
Published: March 2022

With the United Kingdom’s (UK) announcement of its withdrawal from the European Union (EU), questions have arisen with respect to the applicability of the Comprehensive Trade and Economic Trade Agreement (CETA) between the EU and Canada to UK-Canada trade and investment before the UK’s withdrawal is complete. This article concludes that until such withdrawal, and pending appropriate approvals in both the EU and Canada, the CETA will apply provisionally to Canada and UK trade. While the exact boundaries of provisional application are not clear, the EU commission believes that other than a very limited set of mostly investment related provisions, provisional application would be extensive. Once the UK withdraws from the EU, the CETA will no longer apply to the UK. CETA is regarded as a high quality free trade agreement. This article concludes that as the UK has already agreed to the terms of the CETA, should both Canada and the UK wish, the path is available to them to have CETA function as template for a Canada-UK Free Trade Agreement. Although these negotiations may not formally commence while CETA provisionally applies to the UK and it is an EU Member State, Canada and the UK can conduct information discussions to map out areas for inclusion in a free trade agreement and the use, or not, of the CETA provisions as a basis for such agreement.
The Legal Status of Pre-shipment Inspection Before and After: The WTO Trade Facilitation Agreement
Authors: Tuncer Tolga , Kaya Talat
Published: March 2022

Agreement on Pre-shipment Inspection (PSI), an Uruguay Round agreement, has been the only legal instrument under the WTO umbrella governing PSIs. Newly accepted Trade Facilitation Agreement (TFA) which entered into force on 22 February 2017, brings some important changes on PSIs, especially on tariff classification and customs valuation. The TFA completely banned these two types of PSI applications. Moreover, it ‘encourages’ WTO Members not to introduce or apply new requirements for the use of PSIs other than those related to tariff classification and customs valuation.
WCO Immediate Release Guidelines State of Application in CEFTA
Authors: Sowinski Cezary , Parker Luke
Published: March 2022

The application of the World Customs Organisation Immediate Release Guidelines (WCO IRG) is pivotal for the expedited movement of goods across borders and the facilitation of trade. Nonetheless, there is no universal application of the Guidelines globally and therefore an uneven standard of trade facilitation exists. With the forthcoming ratification of the Bali Trade Facilitation Agreement (TFA) an opportunity exists for countries and regions alike to not only improve the application of WCO IRG in order to prepare for the TFA, but to stimulate economic growth. Both of these goals mirror aspirations of the Central European Free Trade Agreement (CEFTA) region in a bid to secure EU membership for its members. With the recent implementation of the Union Customs Code and the ratification of the TFA, CEFTA members need to focus on the continuous improvement of customs procedures and processes in order to not only grow economically but maintain a similar standard to their EU counterparts. Using data collected by DHL Express, this article analyses the application of the WCO Immediate Release Guidelines in the CEFTA region. The article is successful in highlighting both areas of strengths and weaknesses for the average CEFTA application in twelve key domains in comparison to the WCO Ideal, the EU and the rest of the world. Through vast experience of the Express Industry the authors are able to suggest achievable methods in order to improve some of these areas of weakness.
NAGPRA and Commodification of Cultural Property: A Legal Mechanism to Prevent Its Transfer to Europe and Return to the Native Nations
Authors: Akhtar Zia
Published: March 2022

The movement for restoration of Native American cultural property began with the enactment of the American Indian Religious Freedom Act 1978 followed by the Native American Graves Protection and Repatriation Act 1990 (NAGPRA). However, the federal legislation has been restricted because the desecrations of graves and funeral artifacts have continued to be appropriated and transferred from the reservations to their destinations in museums and auctions houses abroad. They have mostly ended up in Europe and are displayed against the will of the Native tribes from whose lands they have been moved. The domestic legal umbrella of NAGPRA does not provides protection when cultural property is resident abroad and the framework of ‘soft’ international law such as the United Nations Educational, Scientific and Cultural Organisation Convention (UNESCO) Convention and UNIDROIT Convention are not sufficient to facilitate their repatriation. The preventative extraterritorial legal regime has not been successful in transferring cultural property and there needs to be an improved mechanism devised to apprehend and to repatriate them to the original owners. This article argues for a framework that is international and which imposes sanctions when the iconographic property that is stolen is moved and is stored or sold for monetary gain and for its return to the rightful owners.
How to Properly Account for Sustainable Production and Supply Chains in Modern Tariff Schedules and Trade Rules
Authors: Dolle Tobias
Published: March 2022

A recent Resolution adopted by the European Parliament on ‘palm oil and deforestation of rainforests’ included, among its Recommendations, a call to reform the tariff classifications maintained by the World Customs Organization (WCO), so as to recognize sustainable versus unsustainable palm oil. Furthermore, the Resolution called for such a differentiation, at least for products imported into the EU, to be based on yet-to-be-developed sustainability criteria, which the Resolution also outlined and called for. This article explores the potential feasibility of distinguishing tariff classifications based on process-characteristics rather than product-characteristics, while contrasting such approach to non-tariff related measures implemented by major economies (e.g., tying biofuel subsidies to ‘renewability’ in the United States, or to ‘sustainability’ in the European Union). The article also discusses the sustainability criteria outlined and proposed by the European Parliament, as well as their relation to other sustainability criteria present on the world stage, trying to identify the scope, tools and legal ambits through which tariff advantages could be provided to sustainable products in a WTO consistent and non-discriminatory manner.
Unspoken Truths: The Hidden Logic of Decision 2/15
Authors: Howse Rob
Published: March 2022

The context within which Opinion 2/15 falls is the legitimacy crisis of ISDS and its particular threat to the autonomy of domestic legal and judicial institutions. While, on the face of it, the ECJ seems to have escaped the risks of weighing into the ISDS-legitimacy debate (for now), Opinion 2/15 nonetheless seems to have given Brussels a tremendous opportunity to achieve rapidly-comprehensive new era trade and investment agreements, bypassing hold out problems, at the small price (if indeed it is a price) of dropping ISDS and portfolio investment (indirect investment). Given today’s global political economy, it would be surprising if this opportunity were not seized. My contribution seeks to weigh in on the debate as to what results emanate from Opinion 2/15, by ‘reading between the lines’. In doing so, I come to the conclusion that further changes to the European Union’s involvement in the international investment regime are to be expected going forward, not least because of the recently-requested opinion by Belgium on the Canada-EU Free Trade Agreement.
Use of the Dispute Settlement Mechanism of the WTO by Developing Countries in the Context of Food Safety
Authors: Atici Cemal
Published: March 2022

Food safety issues are becoming increasingly important in international trade, especially for developing countries that rely on exports. The Dispute Settlement Mechanism (DSM) of the World Trade Organization (WTO) serves as an important forum for trade-related issues among member countries. This study reviews the main food safety regulations currently prevailing in international trade, and examines food safety-related issues raised by member countries. Developed countries have engaged the mechanism for some time, but developing countries have started to use it only recently. The results of this study have several important implications for policymakers and stakeholders with regard to global trade issues. The long duration of the process and lack of regional representation highlight the importance of empowering the capacity of developing countries in terms of legal aspects.
The Impact of Economic Sanctions and the JCPOA on Energy Sector of Iran
Authors: Ahmadi Amir
Published: March 2022

International sanctions and political uncertainty have clouded Iran’s economy and have made some foreign business and investors wary of Iran. UN and some US sanctions are targeted toward obstructing Iran’s development of its oil and gas sectors to constrain Iran’s resources for uranium enrichment and alleged terrorist financing. The research examining the effects of sanctions on the energy sector of Iran reviews the history of the impact of the sanctions, and identifies key characteristics associated with the sanctions on the Iranian energy sector. This article provides a range of data and estimates on the impact of sanction on Iran’s petroleum production, exports, and economy, and the impact that full implementation of the Iran nuclear agreement could have on Iran’s exports and economy. It also reviews the process of sanctions relief. Finally, the article concludes with a policy proposal designed to take advantage of the historic Joint Comprehensive Plan of Action (JCPOA) agreement specifically advocating for the application of the concept of ‘oil diplomacy’.
The Unreliability of Merchandise Trade Statistics
Authors: Yasui Tadashi
Published: March 2022

This article contends that merchandise trade statistics are insufficiently reliable for accurate economic analysis and informed trade policy decisions. The official trade figures analysed for this article appear to be significantly overvalued. Re-exports combined with re-imports caused both world import and export data to be exaggerated by as much as 20%. Import data was further inflated, and bilateral export data was unreliable even between developed countries. Compared with official figures, the article’s case study estimates that the US merchandise trade deficit is nearly 20% less with China, nearly double with Mexico, and over triple with Canada.
Customs Penalties in Germany
Authors: Pickett Eric , Retemeyer Alexander , Möller Thomas
Published: March 2022

Penalties for infringements of customs law in Germany are deeply embedded in national fiscal, criminal and administrative sanctions legislation. The adoption of Directive (EU) 2017/1371 on the fight against fraud to the Union’s financial interests by means of criminal law has so far had no impact on this legislation. This article describes the current rules and practices with regard to customs penalties in Germany and looks at the implications of the proposed Directive on customs infringements and sanctions.
Harmonization of Customs Law Penalties in the European Union: Have the EU Institutions at All Realized It Is a Multilevel, Multisource Complex System? Some Reflections Based on the Italian Case
Authors: Villante Vincenzo
Published: March 2022

The European Commission and the European Parliament intention of harmonizing customs penalties is for sure to be welcomed. However, despite analysis of their specialized services in customs matters, external studies and hearings with specialists, such EU Institutions have not yet realized the customs penalty system is a multilevel complex system of procedural and substantive law regulated all and the same time by European Union law, national law and by the European Convention of Human Rights. Only making uniform the substantive elements of penalties may therefore result of little help if not even hindering the EU internal market. The Italian system of customs penalties is a good example of the above. By contrast the harmonization process should deal with both substantive and procedural law.
Addressing Tensions and Avoiding Disputes: Specific Trade Concerns in the TBT Committee
Authors: Holzer Kateryna
Published: March 2022

Most specific trade concerns (STCs), which are raised before the WTO Committee on Technical Barriers to Trade (TBT Committee), disappear from the TBT Committee’s meeting agendas without escalating into formal disputes. At the same time, a relatively small number of TBTrelated disputes have been subject to the WTO dispute settlement (DS) procedures. By examining the practice of raising STCs and the relationship between STCs and disputes, the article emphasizes the role of STCs as a trade tension resolution mechanism. It argues that the STC mechanism is a viable alternative to the currently overburdened WTO DS system. The article also suggests ways to strengthen the STC mechanism of the TBT Committee through dividing TBT Committee meetings into thematic sessions, adopting mediation procedures and reporting on STC resolutions. Further, it underscores the importance of increasing transparency and promoting good regulatory practice in avoiding disputes.
The Limits of FTAs in the Chemical Sector: Is a Sector Agreement the Solution?
Authors: Grigorova Jenya , Willems Arnoud
Published: March 2022

This article examines the role of Free Trade Agreements (‘FTA’) in eliminating tariff and non-tariff barriers on trade in the chemical sector. We identify the limits of FTAs as tools for liberalizing trade in the sector, focusing on two issues: the protection of trade secrets and the elaboration of rules of origin in the sector. We conclude that the negotiation of a Global Chemical Sector Agreement, with the active participation of the industry, would generate the greatest benefits for the sector.
Indias Position in the International Economic Order
Authors: Kumar Vipin , Jha Veena , Bansal Pankhuri
Published: March 2022

India holds a dominant position in influencing global issues related to climate change, world trade, international terrorism, and nuclear proliferation. Considering the trade war between US and China, the threat to multilateralism from the US and the uncomfortable trade relationship between US and EU and Japan, India is now at a crossroads in the international economic order. This offers a leadership opportunity to ‘Aspirational India’ that is willing to engage in new issues of international economic order. This article examines India’s position in Multilateral Trade System by comprehensively reviewing the difference between its overall trade and sectoral interests; India’s role at the World Trade Organization (WTO) and how it has evolved; the role of India’s foreign policy in guiding its regionalism; and the opportunities that India may have in the trade war currently prevailing in the global economy. The article concludes that India’s interest is to preserve a stable multilateral trading order through the WTO, while using regionals or even sectoral agreements to augment its trade competitiveness
EUs New Anti-dumping Methodology and the End of the Non-market Economy Dispute?
Authors: Zhou Weihuan , Noël Stéphanie
Published: March 2022

The EU’s New Anti-Dumping (‘AD’) Methodology effectively maintains the long-standing distinction between market economies and non-market economies (‘NMEs’) and continues the entrenched practice of treating China discriminatively in AD actions. China challenged this discriminatory treatment immediately after the expiry of the relevant parts of section 15 of its World Trade Organization (WTO) Accession Protocol which permits such practices purportedly for fifteen years only. For unknown reasons, China decided to suspend the panel proceedings before the panel report was about to be released. While the suspension means that WTO Members including the EU may continue their existing AD practices against China, it would not stop China from retaliating against such discriminatory treatment. More significantly, the suspension does not mean the end of the dispute as China is likely to pursue it once the appellate function of the WTO is revived.
The Practical Implications of AEO on Preferential Origin Certification
Authors: Erfan Sherif
Published: March 2022

Authorized Economic Operator (AEO) programmes have become a core part in providing trade facilitation benefits to the trustworthy firms while applying different eligibility criteria and providing non-standardized benefits paralyze customs work and doesn’t help for establishing regional networks of mutual recognition agreements that are very crucial to serve for a better supply chain security.

 

On the other hand, AEO programmes should provide standard tiers of measurable benefits that should be extended to include waivers for origin certification and origin proving procedures that would provide certified firms with a competitive edge. Meanwhile, AEO programmes should be embedded into Free Trade Agreements (FTAs) for insuring more streamlined schemes like approved exporters programmes.
When There Is No Line Between Your Data Protection and Data of Your Company: The Application of GDPR to Customs Law in C-496/17 Deutsche Post AG v. Hauptzollamt Köln Case
Authors: Rovetta Davide , Smiatacz Agnieszka , Pandey Giani
Published: March 2022

The present Article provides a contextualised commentary to the preliminary ruling of 16 January 2019 by the CJEU, in case C-496/17 Deutsche Post AG v. Hauptzollamt Köln which concerned interpretations of requirements related to maintaining Authorized Economic Operator (AEO) status by Deutsche Post AG in the context of data protection of the personal information from senior management under the Regulation 2016/679 (GDPR) and sets out the broader implications stemming therefrom. It also provides a brief selected overview of certain recent developments concerning data protection cases within the sphere of customs law at country level and EU institutional level. It finally also highlights certain relevant issues important for cross-border data flow in the EU such as the current use and future creation of various EU integrated databases used by customs and other authorities, the right of access to these, and the new European Data Protections Board’s guidelines on lawful data processing for online services.
EU Border Carbon Adjustment and the WTO: Hand in Hand Towards Tackling Climate Change
Authors: Dias Anna , Seeuws Stéphanie , Nosowicz Agnieszka
Published: March 2022

The new EU leadership has set ambitious goals for reducing global CO2 emissions through, among others, the implementation of a border carbon adjustment (BCA). The adoption of a BCA by the EU will be controversial, internally and externally, and likely to be challenged before the WTO. It is therefore key to ensure that this mechanism is structured carefully, so as to ensure its consistency with WTO rules. This article focuses specifically on the WTO provisions that would affect the design of a BCA. Although many aspects remain speculative, as existing case law provides little clarity on how WTO rules might be interpreted regarding BCAs, some general prescriptions for a WTO-compatible EU BCA can be identified. In the eventuality that the BCA would be found to be inconsistent with the EU’s substantive obligations under the GATT, exceptions are provided by the WTO which could justify any potential conflict with GATT provisions.

Border carbon adjustment, WTO, Article XX GATT, climate change, non-discrimination principle
Brazilian Path to Trade Facilitation
Authors: Rodrigues Daniela Menon
Published: March 2022

Brazil has been known as a challenging country for multinational and national enterprises interested in either importing into Brazil or exporting from it. Even though it represents a highly attractive consumer market, the political, economic, administrative and regulatory environment make Brazil a risky business partner. From Trade Policy to Customs procedures, structural and legal changes are shaping the future for international trade as a whole. This article explores, through data collection and its corresponding analysis, progress made towards implementing trade facilitation and liberalization measures as well as those still in need for further attention.

Receita Federal, Mercosur, Brazil, liberalization, facilitation, AEO, ATA Carnet, Ex-Tariff, Ruling, Consultation.
Rules of Origin in Brazil
Authors: Balassiano Andrea Weiss
Published: March 2022

The article compiles essential information regarding the Rules of Origin provided in the trade agreements to which Brazil is a party, including the Free Trade Agreement (FTA)’s signed by Mercosur.

The focus is to point out the differences in the preferential Rules of origin provided in the different trade agreements signed by Brazil and Mercosur, especially in relation to the value-added requirement when imported inputs from non-state parties are used to manufacture a finished product.

Rules of origin, preferential rules of origin, non-preferential rules of origin, Brazil, Certificates of Origin
Importers: Improve Origin Data Quality to Reduce Origin Liability
Authors: Staples Brian Rankin
Published: March 2022

This article presents the institutional framework of preferential and non-preferential certificate of origin in Colombia. Special emphasis is made in the process of verification, the sanctioning regime and the common errors that Companies incur, also describing some current trends of the Authority to disregard the Proof of Origin.

Preferential Origin, Suspension of Preferential Tariff Treatment, Verification, Free Trade Agreement, Sanctions and Penalties, Authorized Exporter, Transshipment, Non-preferential origin, Proof of Origin.
Italian Customs Penalties: Between Risks, Paradoxes, with Reform in Sight
Authors: Fruscione Alessandro
Published: March 2022

Customs criminal and administrative penalties in Italy are considered in the light of the general principles set out in the European Union Treaties and the rulings of the European Court of Justice. The Italian regulatory framework, found mainly in Presidential Decree no. 43/1973, including the Consolidated Act on Customs Laws, in addition to appearing at odds with the basic criteria of proportionality of penalties, is notable – following the decriminalization of numerous cases that in the past constituted a criminal matter – for a paradoxical tendency, that is to punish, in some cases, crimes due to simply negligent conduct in a more serious way than malicious behaviour. Probably due to the apparent need to modify a series of obsolete and unclear regulations, in 2019 the Italian legislative body delegated the Government to draft new national customs regulations, including those pertaining to penalties.

This paper also examines the tools available to economic operators to minimize any sanctions and knowingly manage customs activities in Italy.

Penalties, Customs, Italian, Proportionality, Smuggling, European, Code, Decriminalization, Declaration, Repentance
Incoterms, VAT and Customs: International Trade of Tangible Goods
Authors: Sousa Gabriela Loureiro de
Published: March 2022

Three important topics in international trade warrant periodic clarification to increase awareness on three relevant topics relevant to international trade in goods: International Commercial Terms (‘Incoterms rules’), Value Added Tax (‘VAT’) and Customs. Some or all are often disregarded or, even if considered, their relevance is underestimated, just as with the potential impact of VAT and Customs obligations; an important context for trade, therefore, includes risks assumed by the seller and the buyer, which result from the Incoterms rules agreed to by the parties.

Incoterms, VAT and Customs, ‘Delivered Duty Paid’ (DDP) and ‘Ex Works’ (EXW)
COVID-19 and International Trade: The Role of the WTO in Fighting the Pandemic and Building Back Better
Authors: Marceau Gabrielle , Parwani Pramiti
Published: March 2022

The COVID-19 pandemic has presented one of the most significant global challenges in recent times. Movement restrictions to contain the spread of the virus led to supply-chain disruptions and shortage of essential products and services in many parts of the world. Many countries responded with trade restrictive measures to safeguard supply of essential goods for their population. However, this was also accompanied with a growing realization that global challenges require global solutions. The WTO provided a forum for international cooperation, allowing Members to coordinate their trade policies, and discuss further steps needed to fight against the pandemic. Now, with several vaccine candidates having been approved for use, the most pressing challenge is to ensure equitable and speedy access to vaccines. The WTO has an important role in this, from ensuring that trade actions are not used to pose a barrier to affordable and good-quality vaccines, to increasing vaccine production capacities in developing countries, and strengthening vaccine supply chains for quick delivery even in remote locations.

WTO, Covid-19, multilateral cooperation, notification, transparency, (regional) cooperation, vaccines, supply chains, sustainable trade and building-backbetter
A Review of Trade Policies and Measures Relevant to Trade in Plastics and Plastic Pollution
Authors: Sugathan Mahesh , Birkbeck Carolyn Deere , Steenblik Ronald , Eugui David Vivas
Published: March 2022

This article presents a first scholarly review of the trade policies and measures applied to trade in plastics, including those relevant to plastic pollution. It reviews existing tariff policies applied to plastics (section 1) and non-tariff measures applied to plastics (section 2). Section 3 provides a synopsis of environment-related trade measures relevant to plastic pollution. Analysis of the current state of play provides important insights that can inform both the United Nations ongoing discussions on intergovernmental cooperation to address plastic pollution and the dialogue underway at the WTO to identify how trade related policies could support the Sustainable Development Goals.

Plastic pollution, trade measures, plastic trade, WTO, environment and trade
Technology Transfer at the WTO: Old Promises and New Hopes of the Developing World
Authors: Vishnoi Apoorva Singh , Meena Rishabha
Published: March 2022

While the subject of forced technology transfer has elicited sharp focus in recent years, similar attention has not been directed to the issue of voluntary technology transfer under the aegis of the WTO. Technology transfer was seen as a tool to enable development by both developing countries and least developed countries (LDCs). Article 66.2 of the TRIPS Agreement entrenched technology transfer to LDCs as a hard obligation for developed countries, but its imperfect implementation has caused concerns to LDCs. Developing countries, such as India, are not beneficiaries under Article 66.2, but they have pushed for a closer link between technology transfer and development issues through a variety of ways at the WTO. Due to COVID-19, the issue of technology transfer concerning health in the LDCs becomes more important. Against this background, this article analyses the experience of LDCs with the implementation of Article 66.2 and India’s experience in its push for further entrenchment of technology transfer obligations. This article specifically assess technology transfer by the US and the EU in light of COVID-19 vis-à-vis Article 66.2. The paper pays particular attention to the various roadblocks in the implementation of Article 66.2 and the solutions as proposed by LDCs themselves.

development, technology, technology transfer, TRIPS Agreement, sustainable development, health technology, developed country, Least Developed Country, developing country, Intellectual Property Rights, know-how, Article 66.2
Sustainable Development and Modern Customs: A Review on Customs Conventions of World Customs Organization
Authors: Taghvaee Vahid Mohamad , Sharifpour Yousef , Nikbeen Hossein , Yousefi Abdolaziz , Ahmadi Hoda , Soleymani Abdorreza , Rasoli Karim , Mohebi Maryam
Published: March 2022

Members of the World Customs Organization (WCO) do not take up expectedly the customs conventions introduced by the Customs Cooperation Council (CCC). To attract more members, the main question of the study is within which scope, the future customs conventions or amendments thereon should fall. To answer the question, this study investigates the alignment of customs conventions with the goals and pillars of the WCO and the United Nations to discover those goals, ignored by the customs conventions. It investigates the gap between the scope of customs conventions on one hand, and the modern customs and sustainable development, on the other hand. Our findings show that the ignored scopes are: environment, health, and organizational development; and ‘Temporary Admission (Istanbul)’ is the most inclusive and highly-influential WCO convention. Therefore, the CCC is advised to adopt the global customs conventions on these fields, based on the patterning of the ‘Temporary Admission (Istanbul)’. It attracts more members to join the conventions and increases the contribution of the CCC to both the modern customs establishment and sustainable development in the world.

Trade law, Environment, EU law, Trade dispute, Arbitration, Dispute settlement, WTO, Export restrictions, Article XX, preferential trade agreement, timber