bluuebunny/crossref_metadata_2025_split huggingface dataset:
Evaluating students performance in advanced programming final exam questions
Authors: Lohgheswary N. , Leelavathi R. , Lun A. Wei 
Published: March 2022

Students grade in a subject is determine mainly from the final examination marks. The final exam questions need to be reliable in order to measure the performance of students in the particular subject. Rasch model able to measure the reliability of an instrument, the final exam questions. A total of 60 students from the School of Information Technology sat for the Advanced Programming final examination. Marks were entered in excel and transferred as *prn format. Marks were analyzed against the Rasch model, WINSTEPS. The summary statistics for person, summary statistics for item, item dimensionality, item statistics, item distribution map and person distribution map are among the output being analyzed. Two items were identified as misfit items. The Advanced Programming exam questios was very reliable and able to give insight view of the questions. A corrective action is taken to review the misfit item and rephrase the item.
The Rule of Organic Fertilizer on Fertilizer Efficiency and Requirement Rate for Vegetable Crop on Inceptisols Ciherang, Bogor
Authors: Widowati Ladiyani Retno 
Published: March 2022

Utilization of organic fertilizer is an alternative to increase soil health and supply a small amount of plant nutrient. Meanwhile agricultural soil in Indonesia commonly have low organic carbon content (<2%) therefore application of organic fertilizer is recommended. Based on that, the aim of the research is to measure the effectiveness of organic fertilizer on caisim (Brassica chinensis L.) growth, to measure the release of N-NO3- and N-NH4+, to determine the recommendation of organic fertilizer for caisim on Incentisols Ciherang, Bogor. The research had been conducted at Research and Soil Testing Laboratory and green house of Soil Research Institute, Laladon – Bogor on April to July 2008 using soil sample of Inceptisols Ciherang, Bogor. The treatments were: Control (No fert.), NPK, rates of NPK + 500 kg organic fertilizer, 500 kg and 1000 kg organic fertilizer (No NPK), NPK+250 and 750 kg organic fertilizer. The five replications research had been conducted with Completely Randomized Design. The result indicated thats: (1) NPK fertilizer increased with addition of organic fertilizer approved by the evidence of increasing of plant high 2-10%, leaves number 1-2%, and crop production 16-36%. The relative agronomic effectiveness (RAE) of treatment NPK+various rate of organic fertilizer were higher than NPK alone with value of 136-181%. (2) The release of NH4+-N and NO3--N from anorganic fertilizer (NPK treatment) in four weeks incubation period showed balance proportion with N rate. Nitrogen released from organic fertilizer in the same incubation period are 5.39 mg NH4+-N kg-1 and 12.39 mg NO3- -N kg-1. (3) The best organic fertilizer rate based on fertilizer curve for Inceptisols Cicadas-Bogor having low C and N-organic is 560 kg organic fertilizer + NPK (300 kg Urea ha-1; 50 kg SP-36 ha-1; 50 kg KCl ha-1) produce caisim 134 g bag-1.
Cellulolitic Activities Of Actinomycetes Isolated From Soil Rhizospere of Waigeo, Raja Ampat, West Papua
Authors: Nurkanto Arif 
Published: March 2022

Seven actinomycetes isolated from Waigeo’s soil rhizospere have been characterized in growth, cellulase activities and pH. These actinomycetes were chosen based on their capabilities in cellulose degradation which were recognized by previous study. Those isolates are belonging to Streptomyces and Actinoplanes genera based on morphological and molecular analyses. The growths of actinomycetes were investigated based on spectrophotometric approach and cellulase activities were conducted based on reduction sugar. Cellulase activities, cell growth, and pH had significant correlation based on statistical analysis. The highest enzyme activities was acquired from Streptomyces bobili LIPIMC-A-283 (0,519 µmol mL-1 minute-1) at 96 h of incubation. This study provided important basic information on potential cellulolitic alternative from actinomycetes group, as consideration on choosing low-cost technique using microbial agent in cellulose treatment.
Swiss Tax Aspects of Debt Financing: A Guide on Contractual Arrangements Required to Mitigate Swiss Interest Withholding Tax and Their Practical Implications
Authors: Sutter Fabian M. , Liechti Aron 
Published: March 2022

Switzerland is one of the few European countries to apply a strict set of complex tax rules to debt financing which may even apply if a debt instrument is issued by a non-Swiss issuer. For corporate and banking lawyers involved in debt financing transactions with a nexus to Switzerland, dealing with Swiss withholding tax rules as well as the corresponding language in the loan documentation and agreements is inevitable. This article focuses on providing an overview to non-tax focused lawyers in order to facilitate the understanding of the Swiss interest withholding tax system applicable to debt financings and to raise awareness of recent changes in practice introducing more relaxed safe harbours.
debt financing, Swiss withholding tax reform, tax law
Sustainable Corporate Governance:A Way Forward
Authors: Engsig Sørensen Karsten , Möslein Florian 
Published: March 2022

Rarely has the report of a private consultancy caused so many reactions, in particular, criticism, in such a short period of time, as the “Study on directors’ duties and sustainable corporate governance” that Ernst and Young recently prepared for the European Commission DG Justice and Consumers (EY report).1 In addition to the responses of various groups of scholars from both Europe and the US,2 the Oxford Business Law Blog has launched a specific new series3 and the European Corporate Governance Institute has organized a three-day policy workshop, in order to bring together the presentations of over 20 distinguished scholars.4 This intensive debate demonstrates the importance of the topic for future EU policymaking in the area of corporate governance. In this piece, we argue that the main reason the EY report has attracted so much criticism is because it simply started out on the wrong foot. However, this shortcoming should not induce the Commission to misjudge company law’s potential for sustainability. We discuss various measures that target both directors and shareholders, but also other stakeholders. Adopting these measures promises to be the way forward for a more sustainable, corporate governance framework.
directors’ duties, corporate governance, sustainability
Amendments to the Anti–dumping Agreement: The Chairman’s Dinner
Authors: Brink Gustav 
Published: March 2022

In 2001 WTO Members agreed that the Anti–Dumping Agreement be included for renegotiation in the Doha Development Round. Various countries made proposals in this regard. In November 2007 the Chairman of the Committee on Anti–Dumping Practices published a draft text indicating the proposed amendments to this Agreement. This article considers the more important proposed amendments to the current text.
Scrutiny of the Chairman’s text reveals that it contains several positive proposals, including the exclusion of zeroing in antidumping investigations employing the weighted average–to–weighted average methodology and limiting the overall duration of anti–dumping duties, while it also provides for greater transparency in investigations. All of this is supported. However, it also shows that the Chairman’s text provides for more protectionist use of the anti–dumping instrument than is currently the case, including expressly permitting the use of zeroing in the transaction–to–transaction methodology and in reviews. The analysis further shows that more could have been done to prevent the abuse of anti–dumping as a protectionist measure against trade that is not necessarily unfair. The article concludes by finding that the AD Agreement can be significantly strengthened through the exclusion of certain proposed amendments, the amendment of some proposals and the inclusion of proposals made by Members, but not included in the Chairman’s text.
The System of Energy Dual Pricing in Russia and Ukraine: The Consistency of the Energy Dual Pricing System with the WTO Agreement on Anti-dumping
Authors: Pogoretskyy Vitaliy 
Published: March 2022

Dual pricing has been a controversial issue in the General Agreement on Tariffs and Trade and the World Trade Organization in the context of trade in natural resources and natural resources-based products. So far, a WTO panel has never had a chance to rule on the consistency of energy dual pricing system with WTO rules.
This article examines the relationship between energy dual pricing systems in Russia and Ukraine and anti-dumping measures applied against these countries’ exporters of energy-intensive products. The key question analyzed in the article in whether the WTO Agreement on Anti-Dumping allows using costs information from a third country, when exports under investigation originate in a market economy country?
Can Customs Rules Solve Difficulties Created by Public International Law?: Thoughts on the ECJs Judgment in the Brita Case (C-386/08)
Authors: Munin Nellie 
Published: March 2022

The Brita case decided by the European Court of Justice (ECJ) in early 2010 refers to the application of rules of origin in the EC-Israel and EC-PLO Association Agreements to territories occupied by Israel in 1967 and held by it since. The decision of the ECJ, based on the general principles of public international law, reflects the European Union's (EU's) policy toward the region but does not contribute to the enhancement of international trade in these areas. This article suggests that alternative, trade-oriented legal approaches to this dispute, based on the interpretation of the relevant Association Agreements according to the principles of the Vienna Convention on the Law of Treaties (VCLT) 1969 and on the General Agreement on Tariffs and Trade (GATT), might have better served the trade interests of all the parties involved, in the short term, thus facilitating the enhancement of the peace process in the region in the medium to long term.
A Modernization of the Incoterms
Authors: Casuccio Paul 
Published: March 2022

The International Chamber of Commerce has published the first revision in over a decade to its rules for the use of domestic and international trade terms. These rules reduce the risk associated with the sale of goods by creating a mechanism that buyers and sellers can use to clearly communicate their respective obligations. The new rules, published as Incoterms 2010, include several noteworthy changes. This article identifies and discusses these changes. One of the most significant changes in Incoterms 2010 is its expanded application to domestic sales contracts. This expansion has encouraged the replacement of Uniform Commercial Code terms with Incoterms in sales contracts where one party is located in the US. In order to simplify the use of Incoterms and make Incoterms more accessible to new users, significant changes have also been made to terms themselves. These changes include the introduction of new terms and the reclassification of existing terms. More subtle changes, including the treatment of terminal handling charges, the clarification of insurance obligations and the timing of risk transfer from the seller to the buyer, are also included. In addition, Incoterms 2010 has introduced new rules that allocate security-related obligations, address the expanded use of electronic documents and recognize the use of string sales. Overall, the changes to Incoterms 2010 appear to have succinctly addressed the evolution of trade practices over the past decade while providing continued clarity in the increasingly complex world of international trade.
The TBT Agreement Meets the GATT: The Appellate Body Decision in US  Tuna II (Mexico)
Authors: McGivern Brendan P. 
Published: March 2022

In US - Tuna II (Mexico), the WTO Appellate Body ruled that the US 'dolphin safe' labelling scheme for canned tuna violated the national treatment obligations of the United States under the WTO Agreement on Technical Barriers to Trade (TBT Agreement). However, it rejected Mexico's claims that the labelling law was 'more trade-restrictive than necessary' to fulfil the US objectives of dolphin conservation. The decision of the Appellate Body in US - Tuna II (Mexico) and its earlier ruling in US - Clove Cigarettes2 provide a clear indication of the tribunal's interpretive approach to key provisions of the TBT Agreement. Importantly, the Appellate Body has adopted a competition-based approach to determining whether a technical regulation provides 'less favourable treatment' to imported like products. The Appellate Body decisions thus root the national treatment disciplines of the TBT Agreement firmly within the jurisprudence of the GATT.
U.S. Trade Preferences Extension Act (TPEA) of 2015 Could Lead to Increased Use of Particular Market Situation in Calculating Normal Value in Anti-Dumping Cases
Authors: Nicely Matthew R. 
Published: March 2022

At the end of 2016, China’s Protocol of Accession (POA) to the World Trade Organization (WTO) will require a change in the way WTO members calculate normal value in anti-dumping (AD) proceedings involving China.1 Although no organ of the U.S. government has officially acknowledged that Paragraph 15 of China’s POA will require the U.S. Department of Commerce (USDOC) to abandon its current non-market economy (NME) surrogate value method for calculating normal value for Chinese respondents post-2016, there is no question that some change in practice must take place in order to comply with the expiration of a key provision of that Paragraph that occurs effective December 12, 2016. Ultimately, it is quite possible that the WTO Dispute Settlement Body (DSB) will interpret the provision as requiring that members subject China to the “default” rules set forth in Article 2 of the WTO Anti-Dumping Agreement (ADA). What remains a mystery, however, is just what those default rules permit in terms of the flexibility afforded to investigating authorities in dealing with economies like China, where the state’s role in the economy remains pervasive, even if to a lesser degree than it was in the past. It will also be interesting to watch how these new rules might be applied to traditionally market economies (MEs) whose governments, although not formerly communist, may be sufficiently involved in a particular market to also justify application of Article 2 in a manner that, to date, has not been widely adopted by USDOC or any other investigating authorities. These inquiries are not merely the idle musings of the authors, but draw on action already taken by the U.S. Congress and the European Commission. In amendments to its AD laws, known as the Trade Preferences Extension Act (TPEA), passed during the summer of 2015 as part of granting the Obama Administration Trade Promotion Authority,2 the U.S. Congress added language that expands USDOC’s discretion to treat certain transactions as outside the ordinary course of trade (OCOT). Although no legislative history accompanied these amendments, they appear, at least in part, tailored to a post-NME normal value calculation paradigm, in which a respondent’s costs can be disregarded and replaced with an alternative that may well approximate the NME methodology that China hoped would be eliminated as a result Article 15 of its POA. Meanwhile, the European Commission has adopted a practice that uses similar tools—so far only for MEs—where a respondent’s transactions are deemed outside the OCOT. Together, the new U.S. law and recent European action both suggest a movement toward more flexible rejection of AD respondents’ own data and replacement with data that look eerily similar to NME surrogate methodologies—for respondents in any country. But, stay tuned, as these efforts are currently under WTO review, and one dispute settlement panel has indicated that Europe’s practice may have gone too far.
Not Quite There Yet: The Ongoing Quest for a Deep Procedural Reform of EU Trade Defence Instruments
Authors: Masi Lorenzo Di 
Published: March 2022

Despite the key role played by trade defence instruments (TDI) in EU trade policy, EU TDI investigations currently lack a solid procedural framework for the guarantee of the rights of interested parties. While the European Commission has already adopted some steps aimed at improving TDI proceedings, key issues like access to confidential information and full transparency have not been properly addressed yet. In the field of access to confidential documents, new political momentum for a reform could be found only to the extent that complainants are fully convinced of the benefits arising from such system for their cause. With respect to transparency, practical options appear to be available in the short term which could render TDI proceedings more streamlined and fair.
Lack of Certification of the WTO Goods Schedules of the United Kingdom: A Way for Frictionless Trade Under No-Deal Brexit?
Authors: Kim Jin Woo 
Published: March 2022

The United Kingdom (‘UK’), as a Member State of the European Union (‘EU’), does not have its own schedule of concessions under the World Trade Organization (‘WTO’) – for now – because the EU, as a single customs union, has consolidated schedules for goods and services. The UK is currently negotiating its schedules with other WTO Members, but time is running short ahead of the UK’s scheduled exit from the EU on 31 October 2019 (‘Brexit Date’). If the UK fails to certify its schedules before the Brexit Date, the question becomes whether the UK could unilaterally establish its new schedules and conduct trade based on ‘uncertified’ schedules that have not been agreed by all WTO Members. The panel in EU – Poultry (China) found that certification of a schedule is not a legal prerequisite to implement agreed-upon changes in negotiations under Article XXVIII of the General Agreement on Tariffs and Trade 1994 (‘GATT’) at the national level. Based on the panel’s finding and Article XXVIII:3 of the GATT, under a no-deal Brexit scenario, the UK would be able to unilaterally establish its goods schedule, even in the absence of agreement with other Members. Further, the UK could enforce the new schedules before completing the certification process and, thus, trade under the uncertified goods schedule. However, three caveats must be noted: (1) the UK must certify its new goods schedule eventually; (2) unlike the goods schedule, the completion of certification is necessary for the UK to give effect to its new services schedule; and (3) if another Member brings a complaint concerning the UK’s uncertified schedules, and the dispute results in an appeal, the Appellate Body may reach a different conclusion when applying the panel’s decision in the context of Brexit. In short, the UK must certify its goods schedule as soon as it concludes Article XXVIII negotiations with other WTO Members. The Poultry panel’s decision does not support a way for frictionless trade between the UK and other countries under no-deal Brexit.
Anti-dumping Off the Rails: The European Unions Practice to Alleged Input Dumping
Authors: Wüstenberg Moritz 
Published: March 2022

For several decades the EU has adjusted the normal value of certain goods in anti-dumping investigations upward, consequently increasing the applicable anti-dumping duties, based on assertions of raw material input dumping in the country of export. Typically adjustments are founded on the assessment that raw materials are sold at a lower price in the domestic market as compared to export sales through so called dual pricing schemes. In the case of certain imports from Russia to the EU, adjustments to normal value are usually based on the premise that energy intensive industries in Russia benefit from input dumping of natural gas. Following its accession to the WTO, Russia has challenged the EU´s practice for violating the EU´s WTO obligations. In the review of its trade defence instruments in 2018, the EU reinforced mechanisms to reprimand alleged input-dumping, despite earlier findings by the WTO dispute settlement body that adjustments for the cost raw material inputs are generally not permitted. In this article it is argued that the EU´s practices are problematic also in relation to cost adjustments based on alleged energy input dumping. Next to the circumstance that WTO rules and jurisprudence do generally not support this practice, the EU´s current approach selectively discriminates against alleged energy input dumping in certain countries, potentially violating not only anti-dumping rules, but also rules of non-discrimination.
The EU’s Request for Arbitration Under the EU-Ukraine Association Agreement
Authors: Dolle Tobias , Medina Lourdes 
Published: March 2022

On 20 June 2019, the European Union’s (EU’s) Delegation to Ukraine submitted a Note Verbale to the Ministry of Foreign Affairs of Ukraine requesting ‘on behalf of the European Union, the establishment of an arbitration panel pursuant to Article 306 of the Association Agreement of 21 March 2014 between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part’. The dispute concerns Ukraine’s export restrictions on timber and unsawn wood of certain species, as well as on unprocessed timber of all species, for a period of ten years. While the restrictions appear to be legally difficult to justify for Ukraine, the more interesting and noteworthy element to this dispute is that it is the first trade dispute that the EU is pursuing under a bilateral preferential trade agreement, even though it relates to disciplines that mirror World Trade Organization (WTO) rules and could as well be pursued in the framework of WTO dispute settlement. The article reviews the case and discusses the significance and the EU’s deliberate choice of dispute settlement within the context of the trade agreement.
Trade law, EU trade law, Trade dispute, International trade dispute settlement, Trade Agreements, Dispute Settlement, Arbitration, WTO Dispute Settlement, Export restrictions, Forum clauses
EU-ACP Economic Partnership Agreements: Taking Them Forward
Authors: Micallef Jan A. 
Published: March 2022

This article aims at looking at the current state of play of the EU-ACP Economic Partnership Agreements (EPAs) and explore the best way in which they can be taken forward. In this regard the article will try to evaluate the EPAs in a collective fashion, first by looking at their present state of play and then by evaluating the best options for the future. Further to the latter element, the article will note that the options should come in the form of three actions, namely: (1) implementing the current agreements better; (2) widening their membership; and (3) deepening them from a subject matter perspective. At the end the article will also briefly note a main flanking measure that would need to be pursued in tandem with these three actions. This measure would constitute helping African, Caribbean and Pacific (ACP) countries develop their productive capabilities so that they can exploit the opportunities that the EPAs offer and will offer in the future. The article will then try to draw a number of conclusions for a way forward.
EPA, ACP, EU, development, Africa, Caribbean, Pacific, economic, partnership, agreement