bluuebunny/crossref_metadata_2025_split huggingface dataset:
Occupational Welfare in Israel: A Study of Collective Agreements and Benefits
Authors: Lurie Lilach 
Published: April 2022

Welfare regimes differ in how they supply social benefits such as pensions, disability allowances, and unemployment funding. In several regimes, the social partners – employee unions and employers’ associations – provide social benefits for workers. These regimes promote occupational welfare. This article aims to study the advantages and limitations of occupational welfare through the case study of Israel – a country in which the social partners promote occupational welfare by means of collective agreements. It examines the ways collective agreements – directly and indirectly – advance occupational welfare in Israel. The research includes a quantitative study of all collective agreements concluded in Israel in the period 1957-2016 and a qualitative study of Israeli collective agreements at the national level. The study shows that although Israel’s social partners lost much of their power during this period, they are still able to promote occupational welfare, and that Israeli social partners promote innovative workplace policies through collective agreements. Several occupational welfare arrangements first introduced in collective agreements were later extended through legislation or extension orders to all Israeli workers. Without collective bargaining, important occupational welfare benefits might have not been introduced. However, state legislation was needed to fix the flaws of these arrangements, including enforcement problems and lack of coverage of the self-employed.
Occupational Welfare, Social Welfare, Collective Agreements, Employee Unions, the Social Partners, Pension, Disability Benefits, Minimum Wage, Israel
Anti-Dumping Disputes in the GATT/WTO – Navigating Dire Straits
Authors: Vermulst Edwin , Vermulst Edwin 
Published: April 2022

“Over the last fifteen years, many countries have come to recognize the crucial vole that dispute settlement plays for any treaty system. This is particularly the case for a treaty system designed to address the myriad of economic questions of international relations today and to facilitate the cooperation among nations that is essential to the peaceful and welfare-enhancing vole of these relations. Dispute settlement procedures assist in making rules effective, thereby adding an essential measure of predictability and effectiveness for the operation of a rule-oriented system in the otherwise relatively weak realm of international norms.”
J.H. Jackson and S. Croley
“. . . dispute settlement in the area of anti-dumping will be one of the major challenges facing the WTO system. . . In view of the factual and legal complexity of the issues typically raised in disputes in the area of anti-dumping, effective implementation of this more judicial dispute settlement process will not be an easy task.”
Mark Koulen
Castro’s Cuba and the U.S. Helms-Burton Act – An Interpretation of the GATT Security Exemption
Authors: Kuilwijk Kees Jan 
Published: April 2022

“Sovereignty, at this bridge in time between millennia, is the product of rules adherence; rules which in the international community are called international law. When any member of that community fails to adhere to rules previously agreed upon, or refuses to respect principles and practices broadly recognized and accepted, it declines in stature and prestige. It will find itself subject to international criticism, as has Cuba on occasion in the past, or will be the object of directed dissatisfaction and retaliation, as is the United States in the wake of the Helms-Burton Law. No State, on reflection, wishes or encourages international criticism of its acts any more than any State is capable of living in isolation. Isolation is self-destructive in this era; it matters not whether it stems from military might or from philosophical ideology. Interdependence is the successor to the Westphalian system. A mutuality of vulnerability, as well as of opportunity, is the essence of the new international structure.”
Professor Ivan Head
Non–tariff Barriers Facing Trade in Selected Environmental Goods and Associated Services
Authors: Kim Joy A. , Fliess Barbara 
Published: April 2022

Surveying 136 exporting firms from ten Organization for Economic Cooperation and Development (OECD) and non–OECD countries, this article documents the incidence, and impact of, non–tariff measures that are perceived to act as barriers to trade in seven sectors of environmental goods and associated services. Although the DDA has a mandate to address, inter alia, such trade barriers, information shedding light on the specific problems that firms encounter in their export activities has been scarce.
Accounts by exporting firms in Austria, Brazil, Canada, Chile, France, Germany, India, Japan, Korea and the United States suggest that environmental goods indeed face a variety of obstacles when traded abroad. Firms participating in the survey mentioned relatively often problems associated with product testing and certification requirements, customs procedures, regulations on payment, problems with intellectual property protection, government procurement procedures and technical regulations and standards. Certain types of reported barriers appear to be more prevalent in certain markets. For example, customs procedures reportedly pose a problem predominantly in developing and transition economies and problems with intellectual property rights are associated especially with China. The non–tariff barriers reported by the firms appear to be generic and not specific to the environmental sector. The article shows that in many countries the environmental industry consists mostly of SMEs, for whom cost–raising barriers pose disproportionately greater problems due to their limited resources.
The survey helps to better understand the effects that NTBs have at the firm level, and what firms do when they encounter barriers of various types. It appears that the firms participating in this study mostly seek to devise ways of coping with the difficulties that they encounter, rather than seeking help from governments. Since these measures are ad hoc and do not address problems at their source, they cannot substitute for governments taking action. The study points out that many of the concerns voiced by firms in the environment sector can be addressed at the WTO but that more can be done also at the bilateral and regional levels.
Davids Sling: Cross-Agreement Retaliation in International Trade Disputes
Authors: Mitchell Andrew D. , Salonidis Constantine 
Published: April 2022

Cross-retaliation, where a World Trade Organization (WTO) member whose rights have been infringed under one WTO Agreement retaliates against the offending member under another WTO Agreement, is seen by some commentators as a way to counteract the deficiencies of conventional trade retaliation and mitigate the asymmetry of power in the WTO dispute settlement system. However, the potential of crossretaliation as an effective remedy remains unclear. This article argues that a credible and probable threat of cross-agreement retaliation could provide a powerful incentive for ex ante compliance. The credibility of the threat is established by reference to the WTO Agreement that is targeted. The suspension of Trade-Related Aspects of Intellectual Property Rights (TRIPS) obligations, in particular, holds great promise. The probability of the threat depends on the likelihood of the Dispute Settlement Body (DSB) authorization to suspend concessions, the outcomes of previous threats, and actions to operationalize cross-retaliation. WTO jurisprudence has fleshed out the requirements of Article 22.3 of the Dispute Settlement Understanding (DSU), allowing relatively safe assumptions as to the likelihood of DSB authorization to suspend concessions across agreements where significant economic disparities exist between the disputing parties. Previous cases featuring the threat of cross-retaliation reveal a modest influence on the policies of disputing parties. Finally, the operationalization of cross-agreement retaliation pursuant to the TRIPS Agreement is riddled with legal and policy problems, mainly in connection with the personal and territorial scopes of the suspension, the justiciable nature of intellectual property (IP) rights, the quantification of the suspension, the continuous supply of IP-dependent goods, and the consistency of the suspension with other, non-WTO international obligations. However, these problems do not prohibit developing countries from reaping the benefits of asymmetric information, so long as they create the impression of carefully structured retaliation plans that are ready to be triggered in the event of DSB authorization. A reasonable probability is the only certainty. Edgar Watson Howe (1853-1937)
Russia in the WTO: The Bear on a Leash? Russia in International Trade Disputes and the Added Value of a WTO Membership
Authors: Schewe Christoph J. 
Published: April 2022

After 18 years of negotiations Russia finally became the 156th Member of the WTO. Given the fact that Russia is the last of the 'BRICS' and G20 acceding to this organization, there are considerable hopes that this event might not only modernize the Russian economy but also have a vitalizing effects on other national economies. Apart from potential economic gains there are hopes that the WTO membership will have a favourable effect on transparency and predictability of Russia as an actor in international trade. Notwithstanding, the matter remains controversial as sceptics invoke that instruments provided by the WTO are insufficient for controlling a Russia that in regard to the world's dependency on energy holds a strong political bargaining position. The guiding question thus is whether the WTO can be effective in 'putting the Russian bear on a leash' in the sense of making Russia adhere to trade rules. This article will provide an overview of Russian trade relations and highlights trade disputes with several EU Member States. Hence, it will introduce the changes under WTO Membership and provide a prediction as to how these developments might influence legal structures in the country.
Saving Africa: The GMO Cold War and the Battle for Africa
Authors: Osiemo Onsando 
Published: April 2022

The situation in Africa is dire … On average, agriculture accounts for 70% of full-time employment … , 33% of national income, and 40% of total export earnings … . Yet its performance in recent decades has been one of the worst in the world. (K. Otsuka, D. F. Larson, & P. B. R. Hazell, An Overview , in An African Green Revolution: Finding Ways to Boost Productivity on Small Farms 1, 2 (K. Otsuka & D. F. Larson eds, Springer 2013).) Africa’s food crisis calls out for answers … . One new technical option is the development of new crop varieties through genetic engineering techniques. (R. Paarlberg, Are Genetically Modified (GM) Crops a Commercial Risk for Africa? 2 Int’l J. Tech. & Global. 81, 81–82 (2006).) Africa poses a conundrum. On the one hand, it has the largest percentage of undeveloped arable land in the world and deploys the largest percentage of labour in agricultural production. Yet, on the other hand, its agricultural productivity is about one third of the world ’ s average; it is a net food importer; and it suffers from the highest level of hunger in the world. Proponents of genetically modified organisms (GMO) crops have opened a new front of the GMO cold war in Africa by crusading for the adoption of GMO in Africa as a solution to increasing its agricultural production and alleviating hunger. Opponents of GMO crops have responded by vociferously opposing the adoption of GMO in Africa. Africa is torn between these opposing forces. This article examines the ongoing GMO cold war and how it is playing out in Africa. The article finds that there is a stalemate: there is minimal adoption of GMO in Africa and yet its food deficit and attendant consequences is escalating.
Reflexions on the Scope and Classification of Logistics Services in Trade Negotiations
Authors: Varadejsatitwong Paitoon , Banomyong Ruth , Julagasigorn Puthipong 
Published: April 2022

Logistics services are an important issue for trade in services negotiations. However, there are different perspectives related to the scope of logistics services, not only for policy makers involved in services negotiations but also academia. This leads to differing understandings and classifications of logistics services depending on the perspective. A bibliometric and network analysis was conducted to identify keywords and propose an expanded definition that reflects the current role and scope of services offered by logistics service providers. A novel nomenclature for logistics services classification is advanced based on an expanded definition.
WTO, Trade logistics, Logistics service, LSP definition and classification, Trade in services negotiation
Indonesia’s Export Ban on Nickel Ore: Does It Violate the World Trade Organization (WTO) Rules?
Authors: Widiatedja I Gusti Ngurah Parikesit 
Published: April 2022

Many countries have imposed export restrictions based on economic and non-economic objectives. In 2020, Indonesia has followed this trend by imposing an export ban on nickel ore. The European Union reacted by launching a complaint at the WTO, claiming Indonesia’s export ban has unfairly limited its producers’ access to nickel. This article explores the way in which Indonesia could justify banning export on nickel ore, by looking at the current WTO rules and its judicial decisions. This article claims that Indonesia has no justification to impose this ban. Although it will most likely be temporarily applied, and be designed to prevent a critical shortage, nickel is not essential in Indonesia based on its domestic demand, ongoing plans, economic contribution, and the current mining law. Also, the ban will most likely not be justified based on general exception provisions under Article XX of the 1994.
Export Bans, Export Restrictions, General Exception, Article XI GATT, Article XX GATT, Indonesia, Nickel Ore, the European Union, WTO Rules, WTO Dispute Settlement
The New Trade Order: Conflicts, Internet Standards and Human Security
Authors: Louka Elli 
Published: April 2022

It is tempting to think of trade war as an innocuous conflict between the big economic interests of states with scant implications for the rest of the international system and citizens’ rights. This could not be further from reality. This study chronicles the collapse of the Appellate Body of the dispute settlement system of the World Trade Organization (WTO) as the end point of a long process tarnished by deep ideological disputes ill-suited for adjudication. These disputes, frequently expressed through tit-for-tat litigation, have eroded the legitimacy of the WTO as a dispute settlement organization. The resulting vacuum has been exacerbated by the United States (US) – China trade war that has been conducted through imposition of tariffs, embargoes and unilateral sanctions.
The trade war has spilled over to other areas and has created fierce antagonism over the establishment of international technology standards and the governance of the internet. Global institutions have been forced to take sides undermining their authority as neutral arbiters. Other spillovers have undermined the global economic welfare and have chipped away at citizens’ rights.
China shock, economic war, internet governance, internet standards, market economy, sanctions, subsidies, trade conflicts, trade embargoes, world trade organization
Leniency in Antitrust Enforcement: Theory and Practice
Authors: Wils Wouter P. J. 
Published: April 2022

This article discusses the theory and practice of leniency in antitrust enforcement, i.e. the granting of
immunity from penalties or the reduction of penalties for antitrust violations in exchange for cooperation
with the antitrust enforcement authorities. After a description of the practice of leniency in the United
States and in the European Union, and of its history, the article analyses the positive effects and the
possible negative effects of leniency on optimal antitrust enforcement, and the extent to which these effects
can be measured. Objections of principle and institutional problems that may constitute obstacles to the
introduction of leniency policies are discussed, as well as some further issues, namely the impact on the
effectiveness of leniency of criminal penalties on individuals, of follow-on private damages actions, and of
penalties in other jurisdictions, ’’Amnesty Plus’’, and positive financial rewards or bounties.
The Development of Sound Competition Law and Policy in China: An (Im)possible Dream?
Authors: Dabbah Maher M. 
Published: April 2022

The People’s Republic of China is undergoing a very impressive and interesting phase of economic, political and social transformation. Communist thought and ideology is gradually giving way to a new economic approach and thinking, which many people would argue are among the indicators of emerging “capitalism” in the country. Among the key laws and policies being developed in the Republic, competition law and policy occupy central stage. To date, no concrete system of competition law has been fully instituted in China, but such a system is expected to emerge in due course. China needs a rigorous, independent system of competition law in order to protect its economy and consumers and to foster a healthy economic environment in which productivity and enterprise may be encouraged. The Republic is currently in the process of adopting its much-anticipated anti-monopoly law.
This article examines China’s efforts towards adopting a specific competition law and the implications of that. The article first provides a critical analysis of the context in which competition law and policy are being developed in China, focusing on the unique and intricate political and socio-economic landscape of the country (Parts I, II and III). This will be followed by a brief review of the existing legal and regulatory framework of competition in China, highlighting the problems and difficulties within this framework (Part IV). The article will discuss the proposed anti-monopoly law in Part V. The conclusions are offered in Part VI.
Grant-Backs and No Challenge Clauses in Europe: What Lessons from the MedImmune v. Genentech Case?
Authors: Morris P. Sean 
Published: April 2022

This article will discuss the provisions of Article 5 of the new Technology Transfer Block Exemption Regulation (“TTBER”) in Europe and analyse whether the provisions in the Article are anti competitive. Article 5 of the TTBER concerns grant-backs and no challenge clauses. The article will examine the MedImmune v. Genentech case of the US Supreme Court to find out whether there is any likely impact for no challenge clauses in Europe. The case concerned a patent validity dispute in which a pharmaceutical company, MedImmune, Inc., manufactured a drug Synagis, which Genentech, another pharmaceutical company, alleged to have violated its “Cabilly II” patent. The case was brought before the US Supreme Court, which held on 9 January 2007 that a patent licensee is not required to terminate or be in breach of its licence agreement before it can seek a declaratory judgment that the underlying patent is invalid, unenforceable, or not infringed. The article first discusses the interaction of competition and intellectual property law in Europefollowed by an examination of the TTBER grant-backs and no challenge provisions in Article 5. In the final part, a brief discussion on patent licensing and the doctrine of licensee estoppel is discussed to unravel any likely impact of MedImmune on no challenge clauses in licensing contracts in Europe.
This article has been shortlisted for the 3rd Young Writer’s Competition Award.
The AmBev Decision and the Regulation of Economic Power in Brazil: At a Crossroads between the US and the EU Competition Law Models
Authors: Luciano Laíse Da Correggio 
Published: April 2022

In July 2009, AmBev was condemned in a unanimous decision by the Brazilian competition authority. The conduct in question concerned AmBev's loyalty scheme, which consisted of giving discounts to retailers with the effect of increasing barriers to entry. AmBev, which is the biggest beer manufacturer in South America and part of the multinational Anheuser-Busch InBev group, emerged from a controversial merger between Brahma and Antarctica approved by the competition authority in 1999. In the recent decision, AmBev received the highest fine ever imposed for an abuse of dominance offence in Brazil. The Brazilian competition law and policy has been shaped by both US and EU competition law and case law. This article seeks to convey the relevance and complexities of the ongoing developments and evolution of Brazilian competition law and policy, as well as the regulation of economic power. In this respect, the landmark AmBev decision is relevant as it suggests a departure from the US model and an approximation towards the EU model.
Price Fixing in Crisis: Implications of an Economic Downturn for Cartels and Enforcement
Authors: Stephan Andreas 
Published: April 2022

The rigorous enforcement of cartel laws during a downturn has the potential to speed up an economy's recovery by preventing artificial price hikes. Economic downturns can break up existing cartels, but empirically many collusive agreements are borne out of economic crisis. Recession may also distort normative perceptions of price fixing and force firms previously colluding tacitly, to form a hard core cartel. Despite the heightened danger of bankruptcy in troubled industries during the present crises, competition authorities generally appear to be standing strong. Greater use of criminal sanctions on the national level could counter the deterrence weakening effect of bankruptcy discounts. The likely effect of a downturn on private enforcement is mixed. This proposed contribution has not been published or submitted for publication elsewhere.
Emerging Trend in Competition Law in Southeast Asia: Perspectives from Myanmar and Thailand
Authors: Porananond Ploykaew , Aung Po Ma Ma 
Published: April 2022

Establishing a new competition law regime is never an easy task, especially for developing countries. The current literature of competition law is rich with suggestions on the best political economy preconditions conducive to an effective competition law regime. It is generally believed that countries with a democratic political regime and a stable rule of law are more inclined to enact national competition law. Moreover, countries that embrace the principle of trade liberalization, privatization, and market economy are a fertile ground to the growth of competition law.
Yet, the enactments of Myanmar competition law in 2015 and Thailand new competition law in 2017 deviate from this general understanding. Naturally, it is assumed that competition laws adopted in these countries would be starkly different from pre-existing competition laws. It hints towards an emerging trend of competition law, one which manages to enact and enforce competition law regardless of the reality of the local political economy. This article explains the cause and consequence of this deviation, without immaturely evaluating the effectiveness of such young regimes. It concludes with investigating the likely source behind it, specifically whether the ASEAN, in which both Myanmar and Thailand are Member States, is behind such phenomenon.