bluuebunny/crossref_metadata_2025 huggingface dataset:
The World Trade Organization as a Catalyst for Internal Divergences in Developing Countries
Authors: Freitas Filho Roberto , Dias Varella Marcelo
Published: March 2022

This article analyses the legal and political consequences of Brazil’s imposition of an important ban on retreaded tyres, especially with respect to MERCOSUR and the World Trade Organization (WTO). Domestic and international decisions are studied according to the process of internationalization of law and the disjunction between the domestic and international orders.
The EU’s Anti-Dumping System: Is Reform Still Needed and Can It Be Implemented?
Authors: Newman Stuart
Published: March 2022

Towards the end of 2006, the ex EU Trade Commissioner, Peter Mandelson, launched a Green Paper exercise on the reform of the Community’s Trade Defence Instruments (TDIs). At the start of 2008, this process was pulled following pressure from protectionist elements. The Commission has not returned to the reform since that date (save for some improvements to transparency), and there is a danger that the more substantial improvements that were proposed will fail to see the light of day. In this article, I look back at the proposals I put forward at the time and see what still needs to be, and what can be, done.
The Impact of the Lisbon Treaty on Customs Matters: A Legal Assessment
Authors: Grave Jean-Michel
Published: March 2022

This article aims at providing a broad assessment of the impact of the Lisbon Treaty on customs matters. Since the new treaties do not include any definition of what shall be meant by ‘customs matters’ this assessment embraces as many policies and fields of action as possible, not to miss any one which could be ‘customs-related’. It progresses from the basics of the new European Union, its values, objectives and principles, to enter step by step in the more detailed parts of the treaties, defining the categories and areas of competences of the Union and the legal bases for the adoption of secondary law relevant for customs-related matters, then identifying the acts of the Union and the new procedures to adopt them.
Digital Convergence and Electronic Commerce: Customs and Trade Implications
Authors: Cannistra Daniel
Published: March 2022

This article covers emerging trade issues driven by the rapid expansion of goods incorporating digital products. Historically, trade bodies and agreements struggled to develop a uniform policy concerning software, the earliest digital product. In large part, the difficulty arose from differing rules for goods and services. As digital content expanded beyond software and became embedded in a wide array of products, the goods or services distinction grew in importance, while simultaneously becoming more difficult to administer. Recent free trade agreements (FTAs) have addressed this digital convergence through electronic commerce provisions that do not rely on traditional goods/service distinctions but seek instead to unify the treatment of digital goods across product lines and delivery means.

To appreciate the significance of the new digital commerce provisions, this article first presents the treatment of digital products in the absence of digital commerce provisions. Second, an analysis of the digital commerce provisions in recent trade agreements is presented. The expansion of digital commerce provisions and its implication on other taxes is then presented. This article concludes with a discussion of the possible relationship between most favoured nation (MFN) provisions of service agreement and digital commerce provisions and a case study concerning a recent digital convergence product – e-books.
Totes-Isotoner v. United States: Tariffs and Civil Rights Intersect, Uncomfortably
Authors: Peterson John M.
Published: March 2022

Taxes that discriminate based on gender and age have come under Constitutional attack in recent decades and today are relatively rare. Defying this trend, however, the Harmonized Tariff Schedule of the United States (HTS) still contains dozens of provisions that discriminate in the taxation of imported merchandise based on the gender or age of the intended user. In Totes-Isotoner Corp. v. United States and more than 150 pending lawsuits, importers have challenged these discriminatory rates, contending that no sufficient justification exists for Congress? disparate treatment of similar goods. To date, the Federal courts have struggled with the question of what type of allegations importers must plead in order to state a prima facie challenge to these discriminatory rates. Is the discrimination evident on the face of the statute, which ordinarily shifts to the government the burden of justification? Or, because modern tariff schedules are based on internationally agreed nomenclatures and duty rates reflect concessions made in multilateral agreements, are tariff laws a “breed apart” to which a special standard should be applied? The Totes-Isotoner case shows that the Federal courts are confused and somewhat divided on this basic issue and that the United States Supreme Court may need to identify the standards of pleading applicable to Totes and similar lawsuits.
Consumer Complicity with Counterfeits: Fight or Flight—Addressing the Intellectual Property Issues in International Trade
Authors: Chaudhry Peggy E. , Stumpf Stephen A.
Published: March 2022

Counterfeiting is an increasingly significant cost of international trade. Consumer complicity contributes to this cost of trade but is often overlooked in trade strategies. The authors identify and analyze the issue, providing specific tools for international executives to identify and counteract consumer complicity. Among the recommendations are how to demystify fakes, adopting creative supply chain solutions, countering complicity, and exposing the criminal aspects of counterfeit trade. Specific recommendations are made for trade in pharmaceutical products and film.
Restrictions Relating to Investment in Entities Holding Infrastructure in Japan
Authors: Tsujikawa Tetsuji
Published: March 2022

On May 17, 2010, the Growth Strategy Meeting set up in the Ministry of Land, Infrastructure, Transport and Tourism (MLIT) issued a report on growth strategy (“GSM Report”). The GSM Report recommends as a basic principle the creation of a new market environment consisting of the following pillars: (i) intensive allocation of public investment according to costeffectiveness; (ii) relaxation of regulation, and facilitation of private sector proposals and bold management; (iii) active use of private sector’s wisdom and fund through public-private partnership (PPP) and private fund; and (iv) cooperation with private sector and promotion of talent. With regard to an international operation and cooperation with private sector, the GSM Report recommends: (a) formation of infrastructure fund; and (b) use of PPP and Private Finance Initiative (PFI). The infrastructure mentioned in the GSM Report includes airport infrastructure, port infrastructure, highway infrastructure, railway infrastructure, and sewage infrastructure. The measures for facilitation of PPP and PFI mentioned in the GSM Report includes introduction of concession method in infrastructure sector, privatization of government-affiliated corporation, improvement of tax for promotion of PFI, and measures allowing the participant to sell to a third party its shares in special purpose vehicle used in the PPP and PFI. On June 1, 2010, the Ministry of Economy, Trade and Industry (METI) released a report on the Industry Structure Vision 2010, which recommends for improvement of industrial finance such measures as improvement of tax for foreign fund and tax exemption or corporate bond interest. We here review environment on foreign direct investment in Japan and investment in infrastructure.
When Does a Request for Information Become an Investigation?
Authors: Fraedrich Laura
Published: March 2022

According to Charles Ressin, Chief of the Penalties Branch within the Office of Regulations and Rulings at U.S. Customs and Border Protection (CBP), the question of when a request for information becomes an investigation will be answered in guidelines being drafted to assist Customs ports of entry in understanding the relationship between an importer’s right to make a prior disclosure and the CBP Form 28 (Request for Information). Mr. Ressin addressed this issue during his June 10, 2010 remarks at the Customs Lawyers Association meeting in Washington, D.C. Importers can only hope that the answer is as Mr. Ressin suggested—that unless the CBP Form 28 expressly states that the importer is “under investigation,” the importer’s ability to make a prior disclosure is not foreclosed when it receives a CBP Form 28. What remains less certain, however, is the impact on the prior disclosure right when CBP issues a CBP Form 29 (Notice of Action). This article addresses the legal underpinnings of an importer’s right to make a prior disclosure and the intersection of that right with CBP’s issuance of Forms 28 and 29. The winds may be changing in how CBP routinely uses these documents.
U.S. Defense Trade Enforcement
Authors: Pisa-Relli John
Published: March 2022

The purpose of this monograph is to provide a legal and compliance practitioner’s reference guide on the enforcement of international defense trade controls in the United States, with an emphasis on the U.S. State Department’s civil and administrative enforcement program. Though it is useful to take note both of administrative and criminal enforcement trends, it is predominantly through its considerable administrative enforcement powers that the State Department most clearly and consistently signals to regulated parties its expectations for what constitutes adequate compliance. Section 1 is an executive summary of U.S. defense trade controls and their enforcement by the U.S. federal government. Section 2 is a detailed chronological digest of all reported civil penalty cases that the State Department has settled since 2001. Section 3 is a chronological table of those cases intended to provide a “snapshot” of key enforcement data.
A New Approach to Preferences: The Review of the European GSP Scheme
Authors: Schmülling Ulrike
Published: March 2022

Unilateral trade preferences granted by industrialized countries are a common and widely used instrument to foster exports from developing countries, thereby stimulating economic growth and alleviating poverty. The European Union (EU)’s Generalized System of Preferences (GSP) is one of the most generous schemes worldwide, offering tariff preferences for about 6,200 tariff lines to 176 countries. The authors are of the view that the current EU’s GSP scheme contains some fundamental flaws, in particular with respect to the selection of beneficiary countries and the graduation mechanism. The ongoing reform of the EU’s scheme provides a unique opportunity for overhauling the system as such and targeting trade preferences to those countries that mostly need them. The European Parliament being a new player at the table when it comes to trade policy legislation will certainly shape the reform.
Export Compliance Challenges: The Role of Corporate Culture and Management of Costs
Authors: Liebman John R.
Published: March 2022

How can we understand why one company is successful at regulatory compliance where others are not? This article goes beyond canned export compliance programs to examine "cultural" factors that may play an important role in this challenging arena. While there may be no single reason for one company's success and another company's failure, the writer's observations-based on more than 40 years of experience-suggest that there is an organizational ambience that is crucial and factors that play important roles in achieving that ambience.
The Divergence in Theoretical and Practical Use of Combined Nomenclature Explanatory Notes and Tariff Classification Regulations in the EU
Authors: Kuplewatzky Nicolaj
Published: March 2022

All goods imported into or exported from the customs territory of the European Union must be declared and classified in conformity with the Combined Nomenclature (CN). In accordance with the so-called 'Basic Tariff Regulation', the European Commission ('the Commission') can approve explanatory notes and tariff classification regulations in order to classify a given set of goods in the CN. Their practical retroactive application however creates many problems both under EU law and the GATT 1994. The present paper analyzes such practical problems and sets forth possible solutions in light of the case-law of the Court of Justice of the European Union and of the so-called 'counter-limits doctrine' by the Italian and German Constitutional Courts. We argue that the retroactive application of explanatory notes and tariff classification regulations coupled with possible criminal and administrative sanctions against traders must be addressed by both the European Commission and the Court of Justice. We also argue that should the EU institutions fail to correct the above shortcomings, national constitutional courts, basing themselves on the counter-limits doctrine, must step in and set aside such aspects of EU tariff classification law and the national sanctions breaching fundamental freedoms.
India Back among WTO Disputes: An Update on Indias Current and Potential WTO Disputes
Authors: Nedumpara James J. , Nathani Suhail
Published: March 2022

After a fairly long lull in World Trade Organization (WTO) dispute settlement activity India has become active again. There are at least three disputes involving India before the WTO dispute settlement body. There are several other trade differences that are perceived as potential disputes as India engages with other Members of the WTO community for an early resolution of these differences. While some of these trade differences have already been reported by the media as 'WTO challenges', it is important to put in perspective the nature and type of these trade differences and whether they can culminate in trade disputes. This Comment also seeks to understand the diverse economic and systemic issues these disputes and trade differences have raised.
The Question of the Benefit
Authors: Piérola Fernando
Published: March 2022

The latest decision of the Appellate Body in Canada - Renewable Energy (412, 426) 1 establishes criteria for the determination of a subsidy granted through public procurement. In particular, the decision establishes criteria for the determination of whether the supplier of goods or services to the government has received a 'benefit', which is a prerequisite for the existence of a subsidy pursuant to Article 1.1 (b) of the Agreement on Subsidies and Countervailing Measures of the WTO ('SCM Agreement'). Although the dispute was about a prohibited subsidy scheme with a local content requirement, in its discussion, the Appellate Body relies heavily on the rule established under Article 14.1(d) of this agreement, which applies to the calculation of a 'benefit' for the purpose of a countervailing duty investigation. This provision reads in relevant part as follows:

[A]ny . . . method [for the calculation of a benefit in countervailing duty investigation] shall be consistent with the following guidelines:

(d) the . . . purchase of goods by a government shall not be considered as conferring a benefit unless . . . the purchase is made for more than adequate remuneration. The adequacy of remuneration shall be determined in relation to prevailing market conditions for the good . . . in question in the country of . . . purchase (including price, quality, availability, marketability, transportation and other conditions of purchase or sale).
Man the Firewalls: Cyber Intrusions and Compliance Risks under U.S. Export Control Laws
Authors: Laufman David H.
Published: March 2022

An epidemic of foreign-based cyber attacks upon the computer networks of U.S. industry presents an array of compliance challenges and questions for companies involved in technologies subject to U.S. export controls. Is the loss or "exfiltration" of export-controlled technology by means of a cyber intrusion an "export" under U.S. export control laws, and could such an exfiltration constitute a violation of such laws? What, if any, obligations does a victimized company have to disclose a cyber attack to the government, and what factors should a company consider in weighing whether to make such a disclosure? Are government-mandated standards for cyber defenses emerging with which companies must now comply in implementing their information security programs? This article addresses these questions in the context of the International Traffic in Arms Regulations ("ITAR"), administered by the U.S. Department of State's Directorate of Defense Trade Controls, and the Export Administration Regulations, administered by the U.S. Department of Commerce's Bureau of Industry and Security.
The Canada-European Comprehensive Free Trade Agreement and the Mining Sector: Key Issues and Opportunities
Authors: Sosnow Clifford R. , Stephenson Sean , Kirby Peter
Published: March 2022

The Comprehensive Economic and Trade Agreement (CETA) between Canada and the EU has the potential to be a generational 'game changer'. This potential is particularly robust for the mining sector. CETA will reduce tariffs on all mining commodities to zero, allow greater trans-Atlantic labour mobility, and access to capital and investments critical to capital intensive mining projects. Changes will not be immediate; however if CETA fulfils its potential, the benefits for Canadian and European mining companies could be considerable. While technical aspects of CETA continue to be negotiated and finalized, this article highlights publically available information at the time of writing on CETA's chapters on goods, services, investment, and the environment and how they apply to the mining sector.
The Special Case of China: Why the Use of a Special Methodology Remains Applicable to China after 2016
Authors: Birch Nicholas J. , Stewart Terence P. , Fennell William A. , Bell Stephanie M.
Published: March 2022

The World Trade Organization (WTO) Members agreeing to China's accession wanted one of the world's largest economies to participate in the trading system, but had serious concerns about the fit of China's economy with a system based on free market principles. These concerns were reflected in China's Accession Protocol, which included a number of special obligations. One element of the Protocol recognized that, in anti-dumping proceedings addressing imports from China, Members would want to use a special methodology other than prices or costs in China to determine normal value, and it enabled them to do so absent a demonstration that prices or costs in China were market-driven. The Accession Protocol established a time-limit for this ability to presume that Chinese prices or costs were not market-driven. The authors support the position that even though the Members' ability to rely on a presumption will expire, the flexibilities provided by the Accession Protocol - including the use of a special methodology - will remain available to them so long as China's economic structure warrants their use.
The New EU Tobacco Products Directive in the Light of TRIPS: Trademarks and the Protection of Public Health
Authors: Pitschas Christian
Published: March 2022

This article addresses the provisions of the recently adopted EU Tobacco Products Directive regarding the labelling of tobacco products. These provisions are reviewed in the light of the WTO-Agreement on Trade-Related Intellectual Property Rights (TRIPS-Agreement). This article seeks to determine the meaning of Article 8 TRIPS-Agreement as regards measures of WTO Members for the protection of public health. Further, said labelling provisions are assessed as to their necessity for the protection of public health and consistency with the provisions of the TRIPS-Agreement on trademarks, especially Article 20 TRIPS-Agreement.
The Wages of Belonging: Rare Earths from China, and the Return of GATT À LA CARTE
Authors: Senduk Jeffry H. , Lim C.L.
Published: March 2022

China has lost the Rare Earths case before a Panel which, however, split 2:1 on whether the Chinese Accession Protocol's general ban on export duties would allow General Agreement on Tariffs and Trade (GATT) Article XX to be invoked. The question affects whether other Recently Acceded Members' (RAMs') WTO-plus terms of accession should generally be read together with the GATT. Export quotas are unproblematic because Article XI is contained in the GATT. China's quota-based conservation measures were however strictly scrutinized, raising other questions about the room RAMs have to invoke Article XX if they might have to depend upon highly trade-restrictive quotas. This article is about the Panel ruling, China has since appealed.
APO in the EU: Clearly the Best Option
Authors: Newman Stuart
Published: March 2022

Transparency - from the Latin transparentia meaning 'shining through'; not a word that can be assigned to TDI investigations in the EU. Indeed, if anything 'shines through' during the course of such it is the realization that an independent scrutiny of the data collected and the decisions taken thereon by the EU Commission is not possible.
Re-constructing Dispute Settlement Mechanism in Trade and Investment Agreements: Key Considerations for the PACER Plus Negotiating Parties
Authors: Ngangjoh-Hodu Yenkong
Published: March 2022

The last few decades have been characterized by a proliferation of Regional Trade Agreements (RTAs) which cover, inter alia, trade in goods, trade in services and investment. Hundreds of these agreements are currently in operation while a significant number are still currently being negotiated. The Pacific Agreement on Closer Economic Relations Plus (PACER Plus) falls under the latter category. While the launching of PACER Plus negotiations has been hailed by contracting parties as a development and integration instruments, the issue of the nature of dispute settlement in a final agreement that will cover both trade and investment has been a polarizing one. Taking inspiration from the World Trade Organization (WTO) dispute settlement system and the dispute settlement system established under the North American Free Trade Agreement (NAFTA), this paper will examine the relevance of disputes settlement mechanism in trade and investment agreements. In so doing, it will answer a fundamental question namely whether a single dispute settlement system should be established under PACER Plus or whether it would be necessary to establish a separate mechanism for settling trade disputes and another for investment disputes as is the case under NAFTA owing to the specificities of investment disputes.
COO Dispute Settlement through Tax Court in Indonesia
Authors: Hikmah Muhamad , Nugroho Budi
Published: March 2022

Customs disputes related to Certificate of Origin (COO) submitted to the Indonesia Tax Court had increased each year. In 2013, disputes regarding the use of COO had increased dramatically and were ranked second in terms of case numbers. Of the total 500 appeals on COO, 319 were granted. This article, designed as legal research, aims to explain the causative factor. Primary data were collected from interviews and focus group discussions. The respondents were frontline customs stipulation makers, the reviewers of customs objection, customs officers who attended tax court trials, the policy makers at the customs head quarter, judges and tax attorneys. After analyzing the regulation, the law and the understanding of the officers, suggestions were made. Indonesia Directorate General of Customs and Excise should strengthen evidence quality, compose guidance to analyze COO, perform verification visits, present experts in the trial and contribute towards increasing the judges’ knowledge concerning FTAand COO.
Interpreting Paragraph 15 of Chinas Accession Protocol in Light of the Working Party Report
Authors: Zhenghao Li
Published: March 2022

The subparagraph 15(a)(ii) of the Protocol of China’s Accession to the WTO will expire after 11 December 2016. The legal consequence of the expiry under WTO law hinges largely on the interpretation of paragraph 15 of the Protocol. In this respect, the Report of the Working Party on the Accession of China should be taken into account, which provides contextual support for the view that the expiry of subparagraph 15(a)(ii) will require WTO Members to adhere fully to general anti-dumping rules provided in the Anti-dumping Agreement and the GATT 1994 in antidumping proceedings involving Chinese exports.
Global Trade Governance: WTO Accountability to Local Stakeholders
Authors: Mengie Legesse Tigabu
Published: March 2022

The domestic implications of global trade governance are advancing dramatically. This has made stakeholders more watchful of World Trade Organization (WTO) decisions and policies. The need for enhanced accountability has risen to one of the central issues in global trade governance. This article approaches WTO accountability from the perspective of stakeholders at local levels and proposes new accountability mechanisms to address the WTO accountability deficit.
The Union Customs Code and Innovation in Italian Customs Procedures
Authors: Orsi Giorgia
Published: March 2022

Under the new European Union Customs Code (UCC), European Union (EU) Member States are moving towards simplified and fully digitalized Customs procedures aiming at a paperless customs administration. This article describes the efforts of the Italian Customs Agency in this regard, including the introduction of a Customs Single Window, ‘fast corridor procedures', and CARGO project which concerns ‘pre-clearance’ procedures at sea.
Comprehensive Economic and Trade Agreement, ISDS and the Belgian Veto: A Warning of Failure for Future Trade Agreements with the EU?
Authors: Petillion Flip , Laird Ian
Published: March 2022

The recent free trade negotiations between the EU and Canada have provided a cautionary tale for the future of international trade involving the EU. Investor-State dispute settlement (or ‘ISDS’) has been a contentious element of EU negotiations and has been supplanted in the Comprehensive Economic and Trade Agreement (or ‘CETA’) by a new international investment court model. In the fall of 2016, the new investment court and regional politics involving Belgium became a flash point in the final stage of the signing of CETA. Although the Agreement was signed on 30 October 2016, the authors examine the question whether the continuing headwinds faced by CETA sends a message that all future trade agreements with the EU may experience similar problems.
Vietnamese Businesses Not Yet Taking Advantage of Trade Remedies: Realities and Solutions
Authors: Ngoc Hoang Thi Bich
Published: March 2022

Trade remedies are considered a safety valve to ensure fair trade and protect domestic production against negative impacts. Anti-dumping, countervailing and safeguard measures, three pillars of trade remedies are increasingly popular in international trade practices as evidenced by the increase in the number of trade remedy investigations in recent decades. Vietnam has become a member of the World Trade Organization (WTO) and other major international organizations. Deeper economic integration with the rest of the world presents a great opportunity for Vietnam to access global markets. At the same time, Vietnamese businesses are also confronted with numerous challenges including the issues related to unfair competition to domestic production from imports. Consequently, it is important for Vietnam to use trade remedy measures more effectively and improve Vietnam’s participation in trade remedy actions. The purpose of this research article is to provide the general view about Vietnamese businesses’ use of trade remedies and suggestions how to enhance their capability in using the tools.
Analysis and WTO Implications of the Proposed Border Adjusted Tax
Authors: Miranda Jorge
Published: March 2022

The proposed ‘border-adjusted’ tax would be superior to the corporate income tax because it would derail a multiplicity of tax avoidance strategies and provide significant incentives for investment. However, if enacted with discriminatory deductions, it will likely unleash a flood of countervailing duty actions against US products. To the extent the expected boom in US exports is deflated through such actions, the US dollar cannot be reasonably expected to appreciate in a proportion such that the effects of this tax on US import prices are neutralized. So this would be the ‘Holy-Grail’ of tax reform, but with a price tag attached.
Customs Valuation in Bosnia and Herzegovina: Challenges and Obstacles
Authors: Alagic Ognjen
Published: March 2022

As a country in transition, Bosnia & Herzegovina (BiH) is facing many challenges on the road to the European Union, including the creation of a modern and well-organized Customs administration. Determining the Customs value is emerging as a primary challenge because it affects the calculation of indirect taxes and hence government revenue. Despite existing methods for determining the Customs value, customs officials are often unable to reach a clear answer in some cases. Practical assessment and guidance is needed. Attention should turn to the problem of obtaining information needed to support the assessment, controls in customs procedures, human resources, the discretionary powers of Customs officers, database (risk management), court decisions, and the international exchange of information on Customs valuation. The responsibility for finding an adequate balance in each case, taking into account the rights and obligations of the customs administration, on the one hand and economic entity, on the other hand, is always imperative.
Appeal Process in Korea and Appeal Strategies
Authors: Cho Jeong Cheol
Published: March 2022

The appeal process against the Korean customs offices’ assessment of customs duties can be divided into a pre-assessment procedure and a postassessment procedure in reference to the date of assessment. The pre-assessment review falls under the pre-assessment procedure, whereas an appeal, request for adjudication, and administrative litigation fall under the post-assessment procedure. While the pre-assessment review may be omitted, the request for adjudication is a post-assessment procedure which must take place before filing an administrative litigation, which consists of a trial, an appeal, and the final appeal. Strategies for reduction in tax risk include avoidance of taxation risk through advance ruling to the Korea Customs Service, utilization of the ACVA (a system for an advance agreement between the customs authority and taxpayer on the method of determination of the customs value), and request for rectification following adjustment of customs value of imported goods.
Implementation of EU Free Trade Agreements
Authors: Hannonen Marjut
Published: March 2022

The EU has a very active trade negotiating agenda, with new negotiations starting every year and being in preparation. Increasing number of free trade agreements (FTAs) are also being concluded. Against this background, and the fact that trade policy is attracting much more attention from the public that used to be the case still a few years back, effective implementation of EU trade agreements has become an important priority for the EU Trade policy. The EU needs to demonstrate that its trade agreements work in practice and deliver the negotiated benefits to EU operators.

The EU FTAs currently in force are not identical in their scope and objectives, and this has to be taken into account also when looking into their implementation. EU FTAs can be divided in different groups on the basis of their scope and objectives. Since 2006 the Commission has been negotiating comprehensive FTAs which cover a wide range of areas including also inter alia services, investment, procurement, intellectual property rights, competition and trade and sustainable development.

When speaking about FTAs, normally the main point of interest is to know whether the FTAs have led to an increase of trade flows between the partners in the areas of trade in goods, services and investment. In general it can be said that in large majority of cases, the trade in goods has increased during the period than the FTAs have been in force. In terms of services and investment, it is more difficult to see the link with the FTAs in developments in these areas.

Preference utilization rates (PURs) of the EU FTAs have attracted a lot of attention since the Commission started producing them after the EU–Korea FTA started to be applied. In general, the PURs for EU operators are lower than those of our trading partners.

New generation FTAs have a comprehensive structure of implementation bodies. A number of subcommittees and working groups covering different areas covered by the chapters of the FTA meet annually to address problematic issues. Sanitary and phytosanitary measures, restrictions in trade of agricultural products, enforcement of geographical indicators and public procurement have been areas most often discussed in these fora.

Lack of awareness of the FTAs by EU companies and difficulties in understanding them is still a real issue preventing FTAs reaching their full potential. This has led the Commission to intensify its efforts to address better the awareness gap. In addition to the Commission, Member States and their business organizations have also a crucial role in disseminating information on FTAs to their stakeholders, in particular small and medium sized enterprise (SMEs), who often require information in a local language and locally in different regions. Close cooperation between Member States’ embassies and the EU delegations in the FTA partner countries has also been identified as a key factor to ensure effective implementation of the FTAs.
Regulatory Cooperation in Free Trade Agreements: Perspectives from the Automotive and Information and Communication Technology Sectors
Authors: Goyeneche Fabienne` , Laurenza Eugenia
Published: March 2022

Whereas international trade agreements have traditionally focused on reducing and progressively removing tariffs that increase the costs of international trade transactions, as tariffs have come down after successive rounds of tariff negotiations as well as sectorial agreements to eliminate them all together, attention has progressively shifted towards regulatory obstacles in the form of non-tariff measures (NTMs). This contribution aims at showing why regulatory cooperation, the objective of which is to reduce obstacles to trade caused by regulatory divergence between different markets worldwide, is crucial for exporters and how it can be defined and applied in free trade agreements (FTAs). The different forms of regulatory cooperation within FTAs and their evolution in recent years with the emergence of ‘new generation’ FTAs is analysed from the perspective of two sectors: the automotive industry and information and communication technology goods.
Overview of the Korean Classification Regime and Notable Matters (Part I)
Authors: Cho Jeong Cheol
Published: March 2022

Classification refers to identification of the classification code of a certain imported/exported good in accordance with standards and system of harmonized system. Classification is used as a standard in determining the tariff rate/exemption/origin, and accuracy in classification is required. Six digit codes provided under the HS convention are commonly used world-wide. Korea uses ten digit codes in accordance with Korea’s appendix to Customs Act and Harmonized System of Korea (HSK). For purposes of accurate classification, (1) possibility for error arising from amendment of HS to reflect development of new products and changes in the trade environment should be minimized, (2) appropriate response should be made to different classifications for the same goods due to differences in interpretations adopted by each country, and (3) grounds for classification should be prepared to secure accuracy in determination of origin for purposes of Free Trade Agreement (FTA) benefits. In addition, classification should be made in accordance with established standards, with no regard for customs rate applicable to a certain good. However, since Korea Customs Service tends to prefer classification yielding a high tariff rate due to its nature as a revenue agency, taxpayers should consider active response to customs audit.
Is the WTO Dispute Settlement System a Model for EU FTA Investor-State Disputes?
Authors: Goetz-Charlier Alexandra
Published: March 2022

Is the WTO dispute settlement system (DSS) is a suitable model for investor-state disputes arising under European Union Free Trade Agreements (EU FTAs)? Although previous attempts to replicate the system have failed at the multilateral level, the DSS is highly suitable to the specific nature of the EU. First, the WTO has helped create an integrative system, involving all stakeholders, i.e. disputants, States, and the organization itself. Second, a close analysis of the DSS shows that it is strongly focused on economic cooperation and not merely on litigation. Finally, unlike investment arbitration, the DSS has seemingly preserved the rule of law by allowing appeals. In this respect, the Appellate Body has gradually developed into a ‘rebellious’ judiciary, immune from political considerations. Transferring these key institutional features to the investment sphere would not only constitute structural improvements to the current system but also provide the EU with an instrument of global governance.
Navigating the Currents of Belt and Road Initiative: Perspectives on Least Developed Countries
Authors: Upreti Pratyush Nath , Bhattarai Tejeshwi Nath
Published: March 2022

This article aims to discuss the Belt and Road Initiative (BRI) from the lenses of Least Developed Countries (LDCs) and bring attention to some of the issues which may require profound thought. Most developing countries around the globe, especially the least developed ones, today face significant development funding gaps and a pressing need for infrastructure development. The BRI has given rise to new global geopolitical and geostrategic dynamics and fuelled intense debates around China’s increasing assertiveness in the conduct of its international relations. As far as countries with financing needs are concerned, while adjusting sails according to the changing geopolitical winds to propel growth momentum might seem like a lucrative position to exploit, it is often far from easy to maintain such a delicate balance, as we will see, analysing Nepal as an example in this article.
Jordan Imports and Tariff Regimes: A Revisit
Authors: Malkawi Bashar H.
Published: March 2022

Jordan made substantial market access commitments as part of its WTO membership negotiations. Jordan has low average tariffs with single or two digits rate and ad valorem-only duties with some exceptions where specific duties apply. Customs standards in Jordan were streamlined in accordance with WTO rules. Jordan confirmed in its accession to the WTO that free zones or export processing zones would be fully subject to the coverage of the commitments taken in the protocol of accession. The purpose of this article is to examine and analyse Jordan’s current imports and tariffs regime.
Mercantalist Concerns in US GSP Law: Termination of GSP Benefits to India
Authors: Janardhan Sparsha , Shekhar Satwik
Published: March 2022

As has been the case with many developed countries, the United States unilaterally grants trade preferences to developing countries under its Generalized System of Preferences (GSP) Programme. The US GSP Programme is granted on the basis of a few conditions, some of which are compulsory, while others are discretionary on part of the President of the US. In June 2018, the United States Trade Representative (USTR) conducted a review of India’s eligibility as a Beneficiary Developing Country on the grounds that India does not provide the US ‘equitable and reasonable access to its markets’. This is one of the discretionary conditions under the GSP Programme. On 31 May 2019, the US President, via Proclamation 9902, modified the list of Beneficiary Developing Countries withdrawing the GSP benefits that were granted to India, citing India’s failure to fulfil the said market access condition. In light of this, the article analyses the legality of grant and withdrawal of GSP benefits on this market access condition with respect to the World Trade Organization (WTO) law. The article begins with exploring the historical development of the Generalized System of Preferences from the GATT-era to the present WTO regime. It then examines the validity of the US GSP Programme in light of the relevant WTO framework, in particular, the 1979 Enabling Clause. It also analyses the US GSP Programme in light of the WTO Appellate Body Report in the EC – Tariff Preferences case. The article concludes by suggesting the possible arguments that India could make in a potential dispute and the larger political ramifications of challenging the US GSP Programme.
Non-preferential Customs Origin Under EU Law
Authors: Melin Yves , Arnold Dan
Published: March 2022

This article seeks to act as a refresher on non-preferential rules of origin in EU customs law. The authors first place non-preferential origin in its broader customs context, and then review the substantive rules governing the acquisition of origin. This article then reviews the new anti-avoidance rules introduced by the Commission when the Union Customs Code was adopted, and explain why, in their view, those new rules are invalid.
Measuring the Gender-Responsiveness of Free Trade Agreements: Using a Self-Evaluation Maturity Framework
Authors: Bahri Amrita
Published: March 2022

In the recent years, we have witnessed a sharp increase in the number of free trade agreements (FTAs) with gender-related provisions. The key champions of this evolution include Canada, Chile, New Zealand, Australia and Uruguay. These countries have proposed a new paradigm, i.e. a paradigm where FTAs are considered vehicles to achieving the economic empowerment of women. This trend is spreading like a wild-fire to other parts of the world. More and more countries are expressing their interest in ensuring that their FTAs are genderresponsive and not simply gender-neutral or gender-blind in nature. The momentum is on, and we can expect many more agreements in the future to include stand-alone chapters or exclusive provisions on gender issues. This article is an attempt to tap into this ongoing momentum, as it puts forward a newly designed self-evaluation maturity framework to measure gender-responsiveness of trade agreements. The proposed framework is to help policy-makers and negotiators to: (1) measure gender-responsiveness of trade agreements; (2) identify areas where agreements need critical improvements; and (3) receive recommendations to improve the gender-fabric of trade agreements that they are negotiating or have already negotiated. This is the first academic intervention presenting this type of gender-responsiveness model for trade agreements.
Rules of Origin in the EU, a Simplification?
Authors: Rovetta Davide , Vermulst Edwin , Smiatacz Agnieszka , Rogiest Emmanuelle
Published: March 2022

Determining under which circumstances a good originates in a certain country is often an extremely complicated exercise. This is mainly caused first, by the fact that each Free Trade Agreement (‘FTA’) establishes a different set of rules of origin. Second, effectively claiming preferential treatment is also hindered by the fact that (1) preferential rules of origin are often designed in a very restrictive way and (2) a complicated administrative procedure usually needs to be followed in order for origin to be conferred to a good. Moreover, these procedures strongly differ from one FTA to another. This article analyses the ways in which the EU strives towards the application of more simple and modern rules of origin and origin procedures. More specifically, first, modernized rules of origin and origin procedures are included in FTAs recently concluded by the EU. Second, the Regional Convention on pan-Euro-Mediterranean preferential rules of origin will replace about 60 bilateral protocols on rules of origin with a single legal instrument. Third, the Registered Exporter (REX) system simplifies certification of origin of goods.

Rules of origin, Origin Procedures, EU–Japan FTA, CETA, Free Trade Agreement (FTA), Association Agreement, PEM Convention, Registered Exporter System (REX)
Rules of Origin. Notes on Challenges for the African Continental Free Trade Area (AfCFTA)
Authors: Jacobsz Thinus
Published: March 2022

The African Continental Free Area Agreement aims to create a tariff-free continent and the worlds’ largest free trade area (FTA). This contribution notes some issues and challenges to be considered in the design and further development of the AfCFTA Agreement and the impact thereof on the eventual specificRules of Origin to be adopted as part of the ongoing negotiation process.

AfCFTA, ECOWAS, EAC, SACU, CEMAC, non-traditional MFN principle, Regional Economic Centres (RECs)
The European Union’s New Move Against China: Countervailing Chinese Outward Foreign Direct Investment
Authors: Evenett Simon J. , Vermulst Edwin , Sud Juhi Dion
Published: March 2022

In the landmark glass fibre fabrics (GFF) anti-subsidy case, the EU has recently started countervailing foreign direct investment (FDI) of Chinese companies. This is an unwise move from a policy and legal perspective and will come back to haunt EU companies in the future. The timing is also unfortunate seeing how the EU and its Member States are spending billions of Euros in subsidies to support industrial sectors in the EU supposedly affected by Covid-19.

Subsidies, Countervailing duties, Foreign direct investment, China
US-China Trade War: Opportunities for India
Authors: Katti Vijaya , Arora Kashika
Published: March 2022

With the launch of trade war against China, the US government that had pressured many a country to liberalize trade and globalize seems to have turned against its own agenda. The United States, once a staunch supporter of free trade has put in place and widened the coverage of a protectionist shield aimed at stimulating domestic production and reducing the country’s trade deficit. With the supremacy of globalization under siege, we provide clarity on the turn of events to facilitate understanding of the concepts involved; we present a robust time-series analysis to determine the extent this trade war between China and the United States brings opportunities for India. We have provided the list of products belonging to technology and labour-intensive categories that India can further export to the United States and reap the gains before other countries. Timely enactment of Indian government policies would be prudent to avail India of this opportunity.
The China–United States Trade War: Will It Impact Latin American Countries?
Authors: Peluffo Adriana
Published: March 2022

This article gives a brief overview of the current trade war between China and the United States, pointing out the main causes and the likely effects on the two rivals. We conclude with a brief analysis of the probable effects of the dispute on the world as a whole, and on Latin American countries in particular.