bluuebunny/crossref_metadata_2025_split huggingface dataset:
Labour Rights in the Wake of the WTO
Authors: Singh Ashwani , Mishra Achyutananda 
Published: July 2023

One of the most contentious issues surrounding globalization includes trade and labours rights. In the real world, trade and labour circumstances have an impact on one another. Trading nations should be subject to significant labour standards. It was believed that enforcing labour standards via trade agreements helps to improve the working conditions and income in poor countries, and minimize wage inequalities between rich and poor countries. The World Trade Organization’s (WTOs) establishment has resulted in the liberalization of trade and investment. Transnational corporations (TNCs) have become more economically powerful than many countries around the world in today’s era of globalization and free trade. These powerful TNCs are violating labour rights and are not accountable for that because of the lack of a legal framework. This calls for a look at issues that arise at the interface of international trade and labour standards, including a brief historical review of labour rights and the, as well as the impact of TNCs on labours and accountability.
World Trade Organization, Labour Rights, International Labour Organization, Globalization, Trade, Transnational Corporations, International Labour Rights, Free Trade, Labour standards
Analysis of International Customs Cooperation Mechanisms and the Promotion of Trade Facilitation Under the Belt and Road Initiative
Authors: Pang Dongmei 
Published: July 2023

This article is based on the concept of cooperation in trade facilitation proposed by the Belt and Road Initiative, and demonstrates in detail the importance of customs cooperation in promoting trade facilitation. It provides an analysis of the importance of the connection between the existing legal system of international customs cooperation and the customs cooperation agreements of countries along the Belt and Road. It confirms the positive effect of the current bilateral customs cooperation and China’s practice. Then, based on a series of severe problems encountered in actual cooperation, it explains in detail the reasons why international customs cooperation needs to be updated. Finally, based on the existing problems of international customs cooperation along the Belt and Road, the article elaborates on the status quo of the countries along the route, emphasizes the importance of establishing a reasonable and effective legal operation mechanism and proposes solutions to improve the feasibility of international customs cooperation.
Belt and Road Initiative, international customs cooperation, Belt and Road Initiative customs cooperation, trade facilitation
Commentary: ‘Beggar-Thy-Neighbour’ and International Trade: An Analysis With Policy Recommendations
Authors: P. Ezekiel Mobolaji 
Published: July 2023

With the growth and expansion of international trade, government policymakers need to formulate policies advancing favourable bilateral trade relations, including a comparative advantage to penetrate export markets. To maintain growth and protect existing trade flows, we are seeing an increase in various protectionist tactics, amongst which is the ‘beggar-thy-neighbour’ approach (gaining an economic advantage at the expense of others). We explore this approach extensively to reveal what makes it so attractive to nations. Can it be justified in the modern global economy?
Beggar-Thy-Neighbour, Bilateral Relations, Currency Devaluation, Economies, Government, International Trade, Policy, Protectionist Policies, Tariff, Trade Barriers
Book Review: The Protection of Intellectual Property Rights Under International Investment Law, Simon Klopschinski, Christopher Gibson & Henning Grosse Ruse-Khan. Oxford, Oxford University Press. 2021
Authors: Lawn Nick , Laufer Helin 
Published: July 2023

With the growth and expansion of international trade, government policymakers need to formulate policies advancing favourable bilateral trade relations, including a comparative advantage to penetrate export markets. To maintain growth and protect existing trade flows, we are seeing an increase in various protectionist tactics, amongst which is the ‘beggar-thy-neighbour’ approach (gaining an economic advantage at the expense of others). We explore this approach extensively to reveal what makes it so attractive to nations. Can it be justified in the modern global economy?
Beggar-Thy-Neighbour, Bilateral Relations, Currency Devaluation, Economies, Government, International Trade, Policy, Protectionist Policies, Tariff, Trade Barriers
The Different Rights of a ‘Worker’: A Comparative View
Authors: Kovács Erika 
Published: July 2023

The academic debate on the protection of vulnerable persons performing work is often driven by the idea that a person’s status in labour law determines the rights they are entitled to. This approach overlooks the fact that the personal scope of labour rights is heterogeneous across EU Member States, with different groups enjoying the right to equal treatment, protection against unfair dismissal or the right to a minimum wage. The status of employee or worker does not necessarily confer a wide range of rights. This short article provides an overview of the different systems in terms of the consequences of this status. While highlighting this diversity in the personal scope of workers’ rights, it is argued that regulations that focus less on the relationship between the employer and the worker, and more on the impact of a regime on the public, provide more appropriate protection for persons who do not fit into the traditional employment relationship.
Platform Worker, Definition of Worker, Personal Scope of Labour Rights, Labour Regulation Models
Social Europe in Times of COVID-19
Authors: Laulom Sylvaine 
Published: July 2023

COVID-19 gave rise to an unprecedented global crisis. As the end of the pandemic approaches and new crises have taken hold of Europe in the shape of the Russian invasion of Ukraine, we propose in this study to analyse the actions taken by the European Union in the field of labour law during the pandemic. While any crisis can reveal the strengths and weaknesses of a society, what does the pandemic tell us in particular about the state of Social Europe and its future?
The responses from Europe have been different from the previous crisis, especially the 2008 crisis. First, as an immediate response, the European Union released Member States from the European budgetary rules enshrined in the European Semester. Second, it adopted a specific instrument, the Support to mitigate Unemployment Risks in an Emergency (SURE) programme, to facilitate short time working (STW) schemes. Third, the implementation of the European pillar of social rights continued, with new social directives expected to be adopted in the coming months. Unlike the 2008 crisis, the COVID-19 period could mark a deepening of social Europe.
Social Europe, European Employment Policy, COVID-19, Short-time Working, European Pillar of Social Rights
The Response of Social Europe in Times of Covid-19
Authors: Pfalz Thomas 
Published: July 2023

This article addresses selected issues relating to the current situation of Social Europe, examining a possible legal basis for a Directive on short-time work as proposed by Sylvaine Laulom. Subsequently, it discusses the legal basis for the proposed Directive on minimum wages, concluding that there is no sufficient legal basis in EU primary law as a result of Article 153 (5) Treaty on the Functioning of the European Union (TFEU). The article then provides a brief overview of developments in long-term care and collective bargaining for self-employed persons. Finally, it concludes with examples taken from Austrian case law of how the COVID pandemic can open up a new perspective for dealing with existing problems in labour and social security law
Minimum Wage, Collective Bargaining for Self-Employed Persons, Long-Term Care
‘To Move Is to Stir, and to Be Valiant Is to Stand’. Some Challenges Concerning Free Movement: Restrictions and Guarantees Post Covid-19, New Family Models and Digitalization
Authors: Miranda Boto José María 
Published: July 2023

In the past half a century, free movement has faced a number of challenges. Few have been on the scale of the Covid-19 pandemic, which was characterized by unsuspected difficulties. This paper aims to analyse the responses to these difficulties, both in terms of the restrictions arising from instruments such as the Covid Passport and possible guarantees for the future. Vaccination certificates, derived from a regulation that seeks to ensure free movement, have a dual nature as a restriction that deserves to be analysed. On the other hand, the consolidation of the idea of key occupations is set to be of great importance but requires a final effort for effective implementation. In addition to these issues, the study examines the adaptation of existing legislation to new family configurations, including considerations on the case law of the Court of Justice of the European Union (CJEU) on same-sex marriages and the clash with certain legislative provisions. Theoretical attention is also paid to the problems potentially arising from marriages in nonrecognized forms. Finally, some issues are examined with regard to platform work and digital teleworking.
Free Movement, Covid-19, Vaccines, Family Models, Digitalization
The Pandemic and Free Movement of Workers: Two Challenges in Austrian Practice
Authors: Dullinger Thomas 
Published: July 2023

Covid-19 has brought unprecedented restrictions on the free movement of workers. This paper takes a critical look at entry restrictions related to testing, vaccination and recovery. In addition, Covid-19, in combination with the entry restrictions, has led to an increase in cross-border working from home, which may result in changes to the applicable labour law.
Covid-19 Pandemic, Free Movement of Workers, Entry Restrictions, Habitual Place of Work, Virtual Place of Work
Why Is It Better to Treat Every Provision of EU Directives as Having Horizontal Direct Effect?
Authors: Bobek Michal 
Published: July 2023

The provisions of EU directives do not have horizontal direct effect. This contribution explains how that initial choice and statement made by the Court of Justice of the European Union in Marshall came to be gradually undermined by the numerous exceptions to this rule. If viewed together, they make one wonder about the nature of the present-day rule and the exceptions, in particular in areas like employment law or various aspects of prohibition of discrimination. This leads to the advice that could be given to national practitioners, puzzled about the present-day normative impact of directives in horizontal relationships: after the lapse of the transposition period, it is prudent to treat every provision of a EU directive as having horizontal direct effect.
Court of Justice of the European Union, Marshall, Normative Impact of Directives, Employment Law, Horizontal Direct Effect
Which Labour Rights Are Fundamental Rights? Horizontal Direct Effect of the Charter of Fundamental Rights of the EU
Authors: Witschen Stefan 
Published: July 2023

The paper provides a short overview from a labour law perspective of the scope of the European Charter of Fundamental Rights (I.) and the Court of Justice of the European Union’s case law regarding the horizontal direct effect of certain Charter provisions (II.). On this basis, it seeks to assess the practical relevance of the Court’s case law (III.). Finally, it explores how the Court determines the horizontal direct effect of Charter provisions and illustrates that operation by offering a specific example regarding employment relationships (IV.).
European Charter of Fundamental Rights, Direct Effect, Horizontal Effect, Annual Paid Leave, Work From Home, Remote Work, Safety and Health, Display Screen Equipment
European Framework Agreements in Multinational Companies. What Role for European Labour Law?
Authors: Pisarczyk Lukasz , Boguska Anna 
Published: July 2023

This article focuses on European Framework Agreements (EFAs) concluded between multinational companies and employee representatives (trade unions, European Works Councils (EWCs)). EFAs have been seen as a chance to revive industrial relations, in particular in countries (e.g., Eastern European countries) where traditional collective bargaining is in a critical condition. The main problem concerning EFAs is, however, the lack of an appropriate legal framework suitable for the transnational nature of the agreements. Although the development of EFAs depends on various factors, including the engagement of the social partners, the lack of any legal framework may be perceived as an obstacle to conducting transnational negotiations and concluding EFAs. Undoubtedly, the most important role in creating a legal framework for transnational agreements should be played by EU law. In the authors’ opinion, the EU has the legal instruments to create a legal framework for EFAs. The best way to create a legal framework for EFAs seems to be in the form of a directive pursuant to Article 153(1)(b) and (f) in conjunction with Article 153(2)(b) of the Treaty on the Functioning of the European Union (TFEU). It is important to adopt solutions that would facilitate negotiations, with a view to ensuring their effectiveness, while providing support mechanisms for monitoring and resolving potential conflicts. However, adopting a framework for EFAs may turn out to be difficult due to the lack of political will. Perhaps the changing reality will induce the stakeholders to resume work on the regulation – the more so as EFAs fit into the European Pillar of Social Rights.
European Framework Agreements, Collective Bargaining, Multinational, Companies, Trade Unions, European Works Councils
Transnational Company Agreements and EU Law
Authors: Niksova Diana 
Published: July 2023

This article analyses transnational company agreements (TCAs) as a new form of social dialogue in multinational companies and examines why a legal framework for TCAs has not yet been introduced at European level. It argues that a reopening of the discussion on the introduction of such a legal framework should be promoted in order to strengthen the social dialogue in multinational companies and raise social standards in Europe
Transnational Company Agreements, Social Dialogue, Multinational Companies, Legal Basis, Austrian Collective Bargaining System
Electronic Arbitral Awards: Yea or Nay? A Glimpse Inside the Minds of Arbitral Institutions
Authors: Ongenae Kevin 
Published: July 2023

More and more publications address the validity of electronic arbitral awards. The underlying assumptions of such articles are often that (1) the arbitration community does not make use of electronic awards; and (2) that the reason for that is that there may be legal validity issues due to the formal requirements that apply to them. This article verifies whether that is really the case, and does so on the basis of questionnaire data obtained from leading arbitration institutions during Spring and Summer 2022. The data from the questionnaire pertains to (1) how exactly arbitral institutions render arbitral awards in practice; and (2) how they perceive electronic awards (in general and with respect to their desirability and legality). This article finds that, indeed, institutions rarely make use of electronic awards. Their reasons for doing so are both legal and practical in nature.
Technology, Digitalization, Procedure, Arbitral Awards, Electronic Awards, Award Formalities, Arbitral Institutions, Article IV NYC, UNCITRAL Model Law, Institutional rules
The Future of International Arbitration in the Age of Artificial Intelligence
Authors: Cabrera Colorado Orlando Federico 
Published: July 2023

This article postulates that there will be two stages for the implementation ofArtificial Intelligence (AI). In the short term, the first stage will lead to a complementary relationship between predictive machines and humans. After the cost of prediction decreases, new players come to the arbitration arena and the flow of capital to finance AI’s use in international arbitration is widely available, we will see the second stage’s outset where predictive machines will assist in more sophisticated tasks. AI may assist counsel in crafting arguments, and arbitrators in comparing evidence submitted, and finding conflicting fact patterns in the evidence. AI may even decide some aspects of a case. This requires a new division of labour. Lawyers will have to adapt and learn to delegate to such machines while being aware of their limitations. In response, new arbitration specialties will inevitably emerge. However, flesh-and-blood arbitrators will not be eliminated. While predictive machines may be able to decide certain aspects of arbitrations quickly and at a lower cost, the amount of data, the lack of repetitive patterns, inconsistencies, and parties’ agreement that the award shall remain confidential and state the reasons upon which it is based may hinder their capabilities. The current legal framework seems to require drastic changes to make way for AI.
artificial intelligence, machine learning, international arbitration, expert systems, rule systems, the future of arbitration, division of work, intelligence
Limitation Period for Enforcing Arbitral Awards in Nigeria: A Case of Justice Without Remedy
Authors: Ugwuokpe Kenneth 
Published: July 2023

In Murmansk State Steamship Line v. Kano Oil Millers Ltd, City Engineering Nigeria Ltd v. Federal Housing Authority and Tulip Nigeria Ltd v. Noleggioe Transport Maritime SAS, the Supreme Court of Nigeria held that the limitation period for enforcing arbitral awards runs from when the cause of action for arbitration arose and not when the awards were made, unless they contain Scott v. Avery clauses. The purpose of this article is to analyse if and to what extent such decisions constitute denial of access to justice against arbitral award creditors.
Arbitration, international commercial arbitration, arbitral awards, enforcement of arbitral awards, limitation period, computation of time, Nigeria, Arbitration and Conciliation Act 1988, Supreme Court of Nigeria, access to justice
Is iFood Starving the Market? Antitrust Enforcement in the Market for Online Food Delivery in Brazil
Authors: Kira Beatriz 
Published: July 2023

This article examines the decisions taken by the Brazilian Competition Authority, the Administrative Council for Economic Defence (CADE) in two antitrust cases related the dominant food delivery platform iFood, one merger review and one investigation into exclusive dealing agreements. Through an in-depth examination of the case documents, this article uncovers the evolution in CADE’s comprehension of the competition dynamics in multi-sided digital markets, while also revealing gaps and inadequacies in the authority’s substantive and procedural antitrust enforcement. Based on the findings, the article draws lessons that can help strengthen the authority’s approach to digital platform cases in the future. Firstly, CADE must adapt its steps of analysis and develop new theories of harms that are better tailored to the characteristics of multi-sided platforms. Secondly, CADE should conduct more rigorous merger reviews that take into account the wider impact of dominant platforms’ business strategies on the ecosystem of players orbiting them. Thirdly, the article highlights the importance of the authority building its capacities and expertise to detect competition problems from an early stage, design effective remedies, and ensure these remedies are enforced effectively. These recommendations underscore the significance of continuously updating the enforcement framework and enhancing the capabilities of the competition authority to keep pace with the rapidly evolving digital economy.
digital markets, competition law, antitrust, exclusivity dealing, merger review, theories of harm, online food delivery, Brazil
Moderating Globalization: Is There a Role for Antitrust Law? A Comparison of the Relevance of Entry, Expansion and Imports in US and EU Merger Proceedings
Authors: Friederiszick Paul 
Published: July 2023

This paper attempts to locate the issue of innovation and foreign entry, in particular new entrants from China, in recent US and EU merger decisions. In the first part, the paper examines to what extend US and EU authorities considered foreign entry in recent major merger decisions such as Bayer/Monsanto, Dow/DuPont and ChemChina/Syngenta. The outcome of this short analysis shows that the EU Commission has in recent years begun to accept the argument of foreign entry, in particular from China, as long as the market shares of the merging parties are not too high. The US has not explicitly discussed the question of foreign entry in the above-named decisions. However, in the case Whirlpool/Maytag the US authorities accepted, despite high market shares of the parties, the argument of foreign entry and approved the merger. With regards to innovation, entry into future product markets is not considered favourable to the merging parties by the EU Commission. ‘Innovation competition’ or early ‘pipeline products’ is rather used as an argument to demonstrate that the merging parties hold market power in product markets in the future. Based on the selected case law, the US authorities, by contrast, did recognize entry into future product markets as an argument in favour of the merging parties.
In its second part, the paper looks at the pros and cons of forming ‘national champions’ and discusses competition law enforcement in light of the numerous and politically powerful Chinese state-owned enterprises (SOEs).
Global competition/antitrust law and policy, foreign entry in merger decisions and China, innovation competition, entry criteria in US/EU mergers, climate change
A Paradigm Shift in Indian Competition Regime Vis-A-Vis Restructured Adjudicatory Institution
Authors: Ghosh Minakshi , Chatterji Souvik 
Published: July 2023

In the recent past Indian government policy relating to the reform of the tribunals has raised debate amongst researchers, policy makers, judiciary and stake holders. However, this reform was never called for in respect of Indian competition law, despite many instances of discord between the relevant adjudicatory and regulatory bodies. Significant time and effort is required to develop an appropriate jurisdiction specific antitrust regime, which is distinct from that required in respect of other sectoral tribunals. Any structural reform pertaining to a developing competition jurisdiction can have a serious impact on its performance and the disposal rate of competition cases.
In this paper a substantial performance analysis has been carried out from the perspective of the pre and post restructured adjudicatory institution of competition regulatory body. Ultimately, it is concluded that the reform has resulted in a steady reduction in the performance of the Indian competition enforcement system, thus calling for reconsideration of the reestablishment of a dedicated competition law adjudicatory institution.
Competition law, government policy, antitrust regime, litigation disposal rate, developing jurisdiction, specialized tribunal, synergy, AAEC, domain expertise, restructured institution