bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Digital Markets Act: Regulating the Wild West
Authors: Witt Anne C. 
Published: July 2023

This contribution critically assesses the European Union’s Digital Markets Act (DMA). The DMA is the first comprehensive legal regime to regulate digital gatekeepers with the aim of making platform markets fairer and more contestable. To this end, the DMA establishes 22 per se conduct rules for designated platforms. It also precludes national gatekeeper regulation by EU Member States, thereby calling into question the legality of the pioneering German sec. 19a GWB. The analysis shows that the DMA’s rules are not as rigid as they may appear at first sight. While it is more accepting of false positives than of false negatives, the DMA contains several corrective mechanisms that could allow the Commission to finetune the rules to address both the danger of over- and under-inclusiveness. A further positive is that the new regulation incorporates key concepts of the GDPR, and requires coordination between the Commission and key EU data protection bodies. On the downside, the DMA does not contain any substantive principles for the assessment of gatekeeper acquisitions, leaving a worrying gap. While the DMA’s conduct rules outlaw specific leveraging strategies in digital ecosystems and may thereby indirectly address certain non-horizontal concerns arising from gatekeeper acquisitions, it remains that the European Union’s existing guidance on merger control is seriously out of date. The merger guidelines therefore urgently need updating to include (workable) theories of harm for concentrations in the digital economy.
Digital Markets Act (DMA), platform markets, gatekeepers, fairness, ne bis in idem, digital economy, abuse of dominance, merger control
Strategic autonomy in the European Union’s external relations law
Authors: Hoffmeister Frank 
Published: July 2023

The article reviews the legal significance of the European Union’s quest for “strategic autonomy” in its external relations. First the political origin of the term is recapped and a legal definition proposed: “Striving for multilateral solutions, while being able to take lawful action alone to safeguard the Union’s values, fundamental interests, security, independence and integrity!” Second, the application thereof in the EU’s common commercial policy is reviewed. In particular, the recent EU legislative initiatives that combat economic distortions on the one hand are distinguished from the pieces of EU legislation that foster EU values worldwide on the other hand. Third, the Common Foreign and Security Policy is considered. It is shown how the EU’s reaction in the aftermath of Russia’s invasion of Ukraine led to an unprecedented array of use of available instruments (European Peace Facility, ten sanctions packages, support for Ukraine for its legal cases against Russia). The conclusion identifies a new defining moment for the European project through a remarkable legal push from intergovernmental to integrationist conduct in its external relations in the 2020s.
strategic autonomy, external relations law, common commercial policy, CFSP, European Peace Facility
EU investment law at a crossroads: Open strategic autonomy in times of heightened security concerns
Authors: Sattorova Mavluda 
Published: July 2023

This article examines the key pillars of the EU’s open strategic autonomy with a focus on its foreign investment policy. It explores three dimensions the EU’s investment policy: 1) the creation of the EU-wide FDI screening framework, 2) the proposal of new investigative and enforcement powers in relation to foreign investment subsidies, and 3) the proposal of new mechanisms to enforce EU values on sustainability, including human rights, environment and labour standards. The overarching objective is to unveil the forces at play in the making of EU investment policy and to interrogate the shifting attitudes towards trade and investment in times marked by geopolitical tensions and economic security concerns.
open strategic autonomy, EU investment law, foreign investment policy, foreign investment subsidies
Countering circumvention of restrictive measures: The EU response
Authors: Finelli Francesca 
Published: July 2023

Restrictive measures are always complemented by an “anti-circumvention clause” which prohibits participation in activities the object or effect of which is to circumvent EU provisions. This clause plays a key role in ensuring the effectiveness of sanctions and, ultimately, the objectives of EU external action. This article intends to shed light on the obligations arising from the anti-circumvention clause, with a specific focus on financial restrictive measures against designated individuals (which essentially entail asset freeze measures against them). First, the scope of the anti-circumvention clause under EU law is defined. Second, the actors involved in uncovering and countering circumvention practices within the territory of the Union are presented, illustrating the central role of the Member States in coordinating national and supranational efforts to ensure compliance with EU restrictive measures, through constant dialogue and cooperation with financial operators and the European Commission. Third, one specific circumvention strategy is explored, namely circumvention through family members. More precisely, the article investigates whether there is a presumption of circumvention when family members are involved. To this end, it considers the case law of the ECJ on the legality of family members’ designations under EU sanctions. Throughout the analysis, the article emphasizes how the exceptional circumstances in relation to the war in Ukraine have progressively changed the design of EU restrictive measures as well as the commitment of the Union to tackle circumvention. In this context, the unprecedented emphasis on circumvention is complemented by the Union’s unprecedented desire to resort to criminal enforcement. Accordingly, the effectiveness of EU restrictive measures has become a call for effective criminal enforcement.The article, however, argues that this may not be the most appropriate choice.
Restrictive measures, anti-circumvention clause, effectiveness of sanctions, asset freeze measures
Review of the Maltese and European Laws related to the Genetic Protection of the Endemic Maltese Honey Bee (Apis mellifera ruttneri)
Authors: Borg Simone , Chetcuti Dimech David , Joe Buttigieg Abner , Farrugia Dylan 
Published: July 2023

This paper is intended to study the legal protection of the Maltese honey bee (Apis mellifera ruttneri) from the point of view of preserving Maltese biodiversity, and more specifically the honey bee’s genetic status. The primary aim is to establish whether and how theMaltese honey bee can be protected, specifically through the banning of imports of foreign Apis mellifera subspecies.
States are under the general legal obligation of protecting their biodiversity. Member States (MS) of the European Union (EU) EU MS have more specific obligations to do so under EU law. However, Yet conservation of biodiversity under EU law cannot be used to restrict the freedom of movement of goods unless this is done for very restrictive and specific reasons outlined under the EU treaties.
This paper will be split into three broad sections. The first establishes whether there are legal obligations to protect the Maltese honey bee imposed on the Maltese government. The second considers whether such protection can be legally justified under EU law, including through banning imports of foreign subspecies of the Apis mellifera species. The third reviews the different methods available to protect the honey bee through the banning of imports of foreign bees. It also incorporates a comparative study of three EU MS that have protected, or are in the process of protecting, a bee native to their territories.
Environmental law, EU law, Biodiversity, Species protection, Ban on imports, Endemic species
The (Legal) Concept of Waste: An Obstacle for Exnovating Linear Economic Activities and the Transition to a Circular Economy (In the Brussels Capital Region)?
Authors: Feltkamp Régine , Hermans Tim 
Published: July 2023

This contribution examines whether and how the legal framework regarding waste, as applicable, is an obstacle or not to exnovating the linear economy.
After providing an overview of the applicable legal framework regarding waste and the role of waste in the context of exnovating the linear economy (or put differently in the transition to a circular economy) (section II) the contribution dives into the concept of waste (section III) and examines the criteria that are to be fulfilled to qualify a product as waste. Once qualified as waste, a substance or good can also lose again this status if it complies with the conditions of the so-called ‘end-of-waste status’. This contribution examines how these criteria impact a circular economy.
The conclusions of the assessment are bundled in section IV.
This contribution is part of the interdisciplinary ULB/VUB research project Gosete, financed by Innoviris Brussels (Belgium). Gosete examines the governance issues related to the transition to a sustainable economy and in that context different case studies focused on the Brussels Capital Region (BCR) have been performed. This contribution thus also focuses on the legal framework as applicable to the BCR. However, to the extent this legal framework derives from EU legislation this contribution includes a more general assessment.
The Three Lives of Electronic Money Institutions
Authors: Gimigliano Gabriella 
Published: July 2023

Electronic Money Institutions (EMIs) are non-banking financial institutions specialized in the issuing of electronic money and the provision of payment services. They were introduced in 2000 and revised in 2009, but the MiCA Regulation proposal will amend their legal framework. Through a legal analysis of the “lives” of EMIs, this paper argues that the European framework for EMIs has, over time, levelled market conditions for business entities professionally providing the issuance of e-money, but still lacks a consistent construction and application of European standards and waivers, suffering from a dystopian approach between public and private enforcement.
e-money, fintech, PSD 2015, MiCA, EMIs, crypto-assets, money as a social institution, level playing field, financial stability, monetary function
Regulating Crypto-Assets: Investor Protection Strategies and the 5-I’s Model
Authors: Salo-Lahti Marika 
Published: July 2023

Crypto-assets are often marketed with high expected returns but as a detriment, very high price volatility comes in the same package. It is hard to imagine more controversial investment objectives than crypto-assets – their status varies worldwide from legal currency to totally prohibited illegality. Crypto-assets have been an almost unregulated field in the EU. However, the Crypto Wild West days are soon to be over, as the new EU regulation is finally coming. The growing consumer demand for crypto-assets forces to strengthen investor protection. In this paper, investor protection strategies of the crypto-asset market are systematised with the 5-I’s Model developed by the author. The model examines crypto-assets from the perspective of investor, investment, information, intermediary and issuer – parts that constitute the five ‘Is’ in the model.
5-I’s model, crypto-assets, EU regulation, MiCA, DLT, blockchain, investor protection, FinTech, regulatory sandbox, decentralised finance
To Whom Polish Directors Owe Their Duties – Between Shareholder Primacy and Political Agenda
Authors: Chalaczkiewicz-Ladna Katarzyna , Jerzmanowski Jędrzej , Sójka Tomasz 
Published: July 2023

Poland is traditionally portrayed as a shareholder primacy jurisdiction – the legislation is silent on this, but it is confirmed by the Polish legal academia and the case law. Interestingly, the focus on shareholder value in Poland is not “transplanted” from the common law jurisdictions, but it is rather derived from the liberal model of the economic transformation that started in 1989 and crucially, the traditionally concentrated share ownership structure. Furthermore, in Poland, just like in the other former Eastern Bloc countries, companies that are fully or partially state-owned are still influential. The interest of such companies is in practice defined in a specific way, as apart from the projects that pay off economically, they have often engaged in ventures that bring rather political than economic gains.
The aim of this article is to scrutinise the extent to which the perception of Poland as a shareholder primacy jurisdiction still stands; especially, in the context of recent sustainability-focused initiatives at the national and European level. This piece also suggests reform proposals as to how the current law on the corporate objective could be improved. This study concentrates on the public companies with shares listed on the Warsaw Stock Exchange, including the state-owned enterprises.
Directors’ duties, corporate objective, shareholder primacy, stakeholder value, company law in Eastern Europe, state-owned enterprises, sustainability, ESG, CSR, concentrated share ownership
Occupied Territories and the Exceptions to WTO and EU Rules on grounds of Public Morality, Public Order and Public Policy
Authors: D. C. Turner Jonathan , Howard Thomas 
Published: July 2023

This article discusses whether restrictions on trade with occupied territories imposed by national or sub-national authorities are permitted under exceptions to WTO and EU free trade rules on grounds of public morality, public order or public policy. The relevant provisions have a common origin and similarities in their terms. However, our analysis finds significant differences in their interpretation and application.
Restrictions on trade with occupied territories are unlikely to be permitted on these grounds under WTO rules unless there is a strong justification for the restrictions in all the circumstances and they do not discriminate between different territories where relevant conditions are similar. By contrast, such restrictions are unlikely to be permitted under EU law if adopted unilaterally by an EU member state or sub-national authority.
The different approaches and potentially different outcomes reflect the different priorities of the WTO and the EU. The primary objective of the WTO is to remove barriers and discrimination in international trade in a diverse global economy in which countries with differing values and alliances participate. By contrast, the highest priority of the EU is the integration of the economies and societies of its member states.
Occupied territories, WTO, EU, free trade, exceptions, public morality, public order, public policy, discrimination, common commercial policy
Commentary: The Pandemic: Shuffling the Deck of the Global Business Environment
Authors: Tsianaka Eleni 
Published: July 2023

The pandemic created new and unknown realities for humanity, creating uncertainty in all areas of human life, such as personal, social, business, economics, healthcare, education, and politics. This study clarifies the influence and impact of Coronavirus Disease 2019 (COVID-19) on the international business environment. The pandemic shocked the global supply and demand of goods and services, testing trade resilience and adaptation. Governments realized a need to decrease international economic dependence. Many global companies – strongly dependent on China for their supplies – were seriously affected. This decreased investor confidence, shrank business, and cause unemployment, signalling a human capital crisis. Shifting to a hybrid work environment affected work routines, forcing new corporate intra-organization policies. The pandemic left its ‘fingerprint’ on the organizations because they had no option but to function under the new circumstances. Despite initial predictions, recovery is underway, which has led to stability in the global economy. Post-pandemic, we are witnessing a resumption of global demand. The pandemic’s enduring impact on international business is unknown. What we do know is that risk management and crisis preparedness will remain paramount.
business, international, COVID-19, pandemic, trade, coronavirus, crisis, black swan, globalization, risks management
The Statute of Limitation in Case of Customs Criminal Offences in the EU: A Comparative Study
Authors: Milla-Ibáñez Jorge Juan 
Published: July 2023

According to the uniformed customs legislation in the European Union (EU), the normal statute of limitation for notifying a customs debt is three years. This period can be extended to a period of a minimum of five years and a maximum of ten years if the customs debt is incurred as the result of an act which, at the time it was committed, was liable to engender criminal court proceedings. Understanding the rules about what is considered a criminal court proceeding is thus essential for the extended statute of limitation that applies in case of a post-clearance recovery of customs debt. As EU Member States are competent to decide in their own legislation when an act engenders a criminal court proceeding, the application of the extended statute of limitation may be different between the Member States and cause uncertainty for market operators having customs operations in different EU Member States.
This study examines to what extent the differences in application of the extended statute of limitation in case of customs criminal offences in a representative sample of eight Member States (Belgium, France, Germany, Italy, the Netherlands, Portugal, Romania, and Spain) could hinder the uniform application of customs legislation in the EU Customs Union.
statute of limitation, customs debt, post-clearance, criminal offence
Liberalization of Higher Education Services: Exploring the Prospects and Challenges Under the ‘Australia-Bangladesh Trade and Investment Framework Agreement’
Authors: Islam M. Rafiqul , Zaman Khorsed 
Published: July 2023

This article examines the potential opportunities and challenges for the liberalization of higher education services between Australia and Bangladesh under their recently concluded ‘Trade and Investment Framework Agreement (TIFA)’. Given their complementary economic imperatives, there is strong potential for growth in bilateral trade and investment in higher education services. Australia with its advanced higher education system would benefit from investments in higher education sector in Bangladesh. Bangladesh with its impressive growth performance would require educated, skilled, and knowledge-based workforce to sustain its ongoing economic development. It would benefit from the stock of human resources endowed with the high-quality education and training provided and supplied by the advanced higher education institutions and investors of Australia. This article prescribes ways of promoting and deepening their bilateral economic integration through investing in higher education services, identifies niche areas for additional opportunities, and highlights barriers to be overcome to derive and maximize mutual benefits. Education service is one of the least committed sectors under GATS. Economic growth-oriented bilateral liberalization of trade and investment in higher education services between Australia and Bangladesh is likely to have wider domino effect on others to follow, thus serving as a stepping-stone towards the progressive liberalization of multilateral trade in services under the World Trade Organization (WTO).
Higher Education, Trade in Services, Education Services, Liberalization, Australia, Bangladesh
The Power of Digitization: Transforming Ukraine’s Customs Service
Authors: Nazarko Artem , Fedotov Oleksii 
Published: July 2023

The article analyses the specifics of implementing the processes of digital development, digital transformation, and digitalization of the State Customs Service of Ukraine. The article scrutinizes the legal norms regulating the digital transformation of the State Customs Service of Ukraine to ensure qualitatively new, convenient, and accelerated processes of customs affairs in Ukraine. The article analyses the trend formulated at the normative level regarding the fulfilment by Ukraine of the international legal obligations of the State Customs Service of Ukraine. The article emphasizes that the implementation of relevant measures should be carried out with the help of timely corrections of national legislation. The article focuses on the fact that the world trends of digitalization set new tasks to ensure the functioning of modern, accessible, managed, and cyber-secure electronic information systems that work under the fundamental principles of customs affairs effectiveness. The article outlines the directions of further implementation of the processes of digital development, digital transformation, and digitalization of the State Customs Service of Ukraine in accordance with European and international requirements in the context of the digital strategy of the development of society. The authors conclude that a new cyber-physical system began to form due to innovations in Ukraine. All elements and participants continuously interact with each other, ensuring the constant optimization of the integrated digital system.
customs, digital transformation, digitalization, information technology, electronic customs procedures, automation, Customs Service of Ukraine
The (In)application of National Treatment in Certain Tax Measures in Brazil
Authors: Andrade Thális 
Published: July 2023

This article aims to demonstrate the need for the application of the principle of non-discrimination in taxation on the consumption of imported goods compared to similar national goods in the Brazilian Judiciary. The principle of non-discrimination is the international terminology applied to the well-known principle of tax equality, provided for in the Brazilian Constitution and GATT rules. At the international level, the Dispute Settlement Body (DSB) of the World Trade Organization (WTO) has interpreted the application of the principle to all taxes levied on the consumption of goods without any exception. Thus, the principle covers both domestic taxes and so-called border taxes imposed in an equivalent manner to domestic taxes. However, in recent national disputes, the Brazilian Judiciary has been reluctant to recognize this principle to Social Contributions, requiring necessary alignment and a better understanding of GATT’s customs taxation rules.
Non-Discrimination, Customs Taxation, National Treatment, WTO, Domestic Review
Vietnam’s Trade With RCEP Countries
Authors: Le Thi Anh Tuyet 
Published: July 2023

Using data from 2013 to 2021, this study assesses Vietnam’s trade with Regional Comprehensive Economic Partnership (RCEP) countries. Although this market has a high trade turnover and accounts for a significant proportion of Vietnam’s total trade with the rest of the world, the results show that Vietnam overall has a trade deficit with RCEP countries. Vietnam’s trade with RCEP countries is negatively affected by two factors: (1) Foreign Direct Investment (FDI) in Vietnam and (2) the distance between countries. In contrast, the Gross Domestic Product (GDP) and trade openness of RCEP member countries has positive effects on Vietnam’s trade with RCEP countries. This leads to some recommendations, if the Government of Vietnam will implement them, to address Vietnam’s trade with RCEP countries, including: (1) policies to promote successful joint ventures between Vietnamese enterprises and FDI enterprises; and (2) plans to focus on boosting exports to major markets such as Australia, Japan, Korea, and New Zealand in the RCEP.
Trade, RCEP, Vietnam. Panel data model, import, export, FDI, GDP, OPEN, FTA