bluuebunny/crossref_metadata_2025_split huggingface dataset:
Rules of Origin and the FTAs: Major Issues in India
Authors: Kumaran V. Lakshmi 
Published: March 2022

Free Trade Agreements (FTAs) feature heavily in the contemporary global trading system and these are popular form of reciprocal arrangements between nations. Over the past years, an unswerving increase has been observed in the multilateral and bilateral trade agreements contracted by nations and trade blocs around the world. This surge in FTAs is experienced as most nations around the world rely upon these agreements to facilitate trade and investment amongst them.
India, like most of the WTO members, has contracted and executed several FTAs. Each FTA provides for rules to determine origin of goods to ensure that benefits of the FTA are extended only to those goods which are originating in a contracting party. Preferential Rules of Origin under the FTAs provide for criteria such as wholly obtained test, minimum value addition test, tariff jump etc. to determine origin of goods.
However, due to varying criteria of origin with respect to minimum value addition and tariff jump etc. coupled with lack of standard provisions, for instance, of third country invoicing, under the different rules of origin, there is a lot of confusion and conundrum around the rules of origin in India.
This article attempts to provide a brief analysis of various criteria laid down to test origin of goods under rules of origin for FTAs and major challenges faced with respect to these rules in India.
Vietnamese Exporters in the Midst of Rules of Origin Under FTAs
Authors: Le Giang , Bui Hanh 
Published: March 2022

Vietnam is involved in many trade agreements as well as is the beneficiary of many trade preferences. However, these benefits do not come automatically. Vietnamese exporters have to follow the rules of origin (ROOs) set forth by each and every of the trade agreements to prove their eligibility to the lawful privileges. As each agreement has different requirements, Vietnamese firms are seen perplexed in the maze of rules before they can reach the prize of trade preferences. This article briefly discusses the prevailing rules of origins facing Vietnamese firms and some issues in implementing such rules in Vietnam.
rules of origin, FTA, preferential tariff, certificate of origin, self-certification, preference utilization, electronic certificate of origin, Vietnam, ASEAN
Proving FTA Preferential Tariff Eligibility: The Evidentiary Burden in Canada
Authors: Clément Jean-Marc 
Published: March 2022

As is the case with most free trade agreements, importers simply claim preferential tariff eligibility at the time of import. This claim can later be subject to verification by the customs administration in view of determining if it was valid. Proving preferential tariff entitlement requires assembling and presenting relevant facts and documents that support the claim. But just how much evidence is necessary in order to discharge that burden? In Canada there has always been a disconnect between what the Canada Border Services Agency (CBSA) deems necessary in the course of an origin verification and what the courts find satisfactory in the course of a judicial review. What follows are certain illustrations of that disconnect and how it usually gets resolved by Canadian courts.
Origin verification, judicial review, NAFTA, burden of proof, non-originating status, eligibility considerations, evidence
Rules of Origin in the Mercosur–UE Agreement
Authors: Arnolt Paola , Cepeda Horacio 
Published: March 2022

Preferential rules of origin have increased with the proliferation of trade agreements between two or more countries. They are regarded as instruments that allow privileged market access.
Following the evolution of these rules in Mercosur and the ones negotiated in the Mercosur–UE Agreement we will focus in certain sectors to suggest that these guidelines are crucial in the negotiation process as they reflect a definition of economic policy, productive development and commercial integration.
Mercosur, European Union FTA, ALALC, ALADI, Accumulation, Automotive Sector, Vehicles, Beverages, spirits and vinegar, Footwear, preferential rules of origin
Circle of Debtors on Importation Defined: Without Responsibilities No Liability
Authors: Chao Petra 
Published: March 2022

Article 77 of the Union Customs Code (UCC) sets out the chargeable event giving rise to a customs debt on importation, when it occurs and who is liable. This article discusses in depth the circle of debtors, in particular the persons providing false information of which they knew or should have known that the information was false and based on that information customs declarations have been drawn up due to which import duties have (partially) not been collected.
Article 77 UCC sets out the chargeable event giving rise to a customs debt on importation, when it occurs and who is liable (Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code). This provision is of utmost importance as it directly impacts the relation between customs authorities and international traders and thereby influences international trade. If the application of this provision is predictable, because the provision is clear, international traders can sufficiently assess their trade risks inherent to importing goods into the European Union (EU). Such legal certainty is beneficial for the economic development of the EU. It is in the interest of both customs authorities and persons dealing in international trade that such a fundamental provision is clearly defined. But that does not seem to be the case as will be argued in this article. Who is liable has required (and perhaps still requires) clarification by the European Court of Justice (ECJ). This contribution attempts to provide an overview of the circle of debtors.
GATT Article XXI as a Way to Justify Food Prohibitions Adopted as a Response to COVID-19?
Authors: Lapa Viktoriia 
Published: March 2022

The current pandemic, coronavirus disease-2019 (COVID-19), pushed some countries to adopt export prohibitions on medical devices, protective gear and foodstuffs. Since most of such restrictions would be contrary to WTO Members’ commitments under General Agreement on Tariffs and Trade (GATT) Article XI, the question arises how to justify them. While most scholars concentrate on public health and general exceptions, i.e. GATT Article XX (b), we should not overlook the national security exception under GATT Article XXI. This article discusses the possibility to justify food export restrictions in light of GATT Article XXI (b)(iii) as interpreted by the Panel in the Russia-Traffic in Transit case. Given the flexibility of GATT Article XXI (b)(iii) terms and the larger deference awarded to WTO Members, it appears to be an attractive tool to justify certain export prohibitions in view of the global pandemic. In particular, this article will discuss whether food security can be framed as a national security interest, as well as whether COVID-19 can be considered an emergency in international relations under GATT Article XXI(b)(iii).
national security exception, pandemic, COVID-19, food security
Balancing Disclosure and Access to Documents in EU Trade Defence Investigations
Authors: Kuplewatzky Nicolaj 
Published: March 2022

The European Union’s founding treaties recognize the need for a balancing exercise between protective interests and the principles of openness, transparency, and the right of access to documents. Nowhere is that balancing exercise as evident as in the field of trade defence investigations. There, primary EU law principles meet the restrictions arising from the Union’s international law obligations under the WTO Agreements as well the sectoral EU law system of protection of confidential information. What is more, to-date, the Court of Justice of the European Union is yet to provide guidance on how that system should be untangled. This article assesses the interplay between those (at first sight competing) frameworks. In so doing, it will look at the intricacies of the law surrounding EU trade defence investigations and the public right of access to information under Regulation (EC) 1049/2001. Guided by the case-law in those areas and other fields of EU law, the article will discuss how that interplay of rights and restrictions should be resolved if and when the issue is put before the General Court or the European Court of Justice.
Trade defence, disclosure, rights of defence, access to documents, Regulation (EC) 1049/2001
Lessons from COVID-19 Stress Test: Filling the Gaps in Rules of Origin Provisions
Authors: Ashour Sara 
Published: March 2022

Times of crisis are a true test, not just for individuals but also for our supply chains, economic structures, and legal frameworks testing their resilience and inclusivity. The Coronavirus Disease pandemic was the latest reminder after several epidemics in the last decades highlighting the importance of preparedness. Free Trade Agreements (FTAs) are intended to provide privileges to trading partners through lessening their paperwork, easing their trade, and thereby fostering interconnected supply chains. Despite their increasing number, they have not lived up to these expectations throughout times of crises. During the 2020 pandemic ‘stress test’, global trade practices have revealed critical gaps within these agreements, mainly relating to information access, burdensome administrative procedures, and lack of effective coordination hindering the transfer of goods. With a lens towards crisis preparedness, this article reviews the utility of existing preferential rules of origin provisions within African and European contexts. By analysing these missed opportunities within some provisions, it seeks to provide recommendations to future-proof FTAs and mitigate challenges experienced by traders in times of crises.
Rules of Origin (RoO), Paperless trade, Trade Facilitation, Free Trade Agreements (FTAs), COVID-19, Building back better
Reflections on Developing Countries’ Initiation of Disputes in the WTO Dispute Settlement System
Authors: Shraideh Saleh Al 
Published: March 2022

The establishment of the World Trade Organization (WTO) has presented a major improvement in international trade liberalization to the benefit, as claimed, of all its members. Such improvement is reflected in the comprehensive legal framework of the WTO trading system, which is based on detailed rules regulating various aspects of international trade, and a dispute settlement system ensuring the implementation of such rules and safeguarding rights and interests associated with the system’s membership.
Each of these two elements complements the other. The dispute settlement system needs to be based on comprehensive rules that provide a clear detail on members’ rights and obligations, and such rules are useless in the absence of an effective dispute settlement process that guarantees the protection of members’ rights and the enforcement of their obligations.
The efficiency of the WTO dispute settlement system is not only measured by its mechanism’s detail and strictness, but also by its accessibility and ability to accommodate the different positions of all WTO members in a way that ensures an optimal utilization of the system. Developing countries are still struggling in accessing the WTO dispute settlement system and reinstating their violated WTO-protected rights and interests, which undermines not only the integrity of the dispute settlement system, but also the whole organization.
This study focuses on the participation of developing countries in the WTO dispute settlement process, outlining the main issues that affect such participation. In doing so, the initiation stage, where countries make the decision to participate or not, is going to be the focus, as it provides a clear indication on the general position of developing countries in the process of dispute settlement in general.
WTO, Dispute Settlement, Developing Countries, Developed Countries, Initiation Stage
Export Compliance in Italy: Dual-Use Items
Authors: Zentai Alida 
Published: March 2022

Constantly changing regulatory framework and recent restrictions render it more important than ever for private companies and for research institutions to dedicate more attention and to invest in trade compliance. The present document aims to provide insight into the current legislative measures applicable in Italy to the export of dual-use items.
export, trade, dual-use items, compliance, regulation, license, export control, internal compliance program
Significant Distortions Under Article 2(6a) BADR: Three Years of Commission Practice
Authors: Van Vaerenbergh Pieter , Reinhold Philipp 
Published: March 2022

The EU’s autonomous trade policy has recently been updated to increase its resilience and to seek to establish a level playing field. Already in 2017 and 2018, anti-dumping law was reformed for this purpose. The 2017 reform introduced a new exception to the primary method for determining normal value. According to the new Article 2(6a) of the Basic Anti-Dumping Regulation, the actual sales price in the exporting country is to be rejected if there are ‘significant distortions’. Whereas much has been written about whether this new methodology is compatible with WTO law, this article analyses how this provision has been applied by the European Commission during the first three years since its introduction.
Anti-Dumping, Significant Distortions, State Capitalism, European Commission, Constructed Normal Value, Third Country, Input Prices, China, Russia, Trade Defence
Interactions Between Trade and Climate Governance: Policy Options and Innovative Ways Forward Through Climate Clubs
Authors: Monkelbaan Joachim 
Published: March 2022

This article attempts to answer the question ‘What could be the role for trade in achieving the goals laid down in the Paris Climate Agreement?’ This article explores the interactions between the trade and climate change regimes, their specific interactions, and innovative ways forward in the context of global governance.
Sections 1 and 2 of this report first assess the numerous linkages between trade and climate change including at the policy level. Chapter 3 then systematically assesses the main policy options for making trade more supportive of climate action. The report then investigates the rationale, benefits, and challenges for climate clubs in Chapter 4.
trade, climate change, response measures, fossil fuel subsidies, environmental goods and services, border carbon adjustments, climate clubs, carbon market clubs, WTO, UNFCCC
Regional Integration: Whither the Arab Free Trade Area?
Authors: Malkawi Bashar H. 
Published: March 2022

The economic integration sought by Arab countries has been a merely aspirational one. Arab countries have not risen to the challenges posed to it by their unique circumstances. Instead, Arab countries have failed to develop the strength that would be conferred by economic integration.
My inquiry will assess why, many decades after first attempts of economic integration, Arab countries have not been more successful in emulating the success of the European Union, a paradigm of successful economic integration. Specifically, I will explore obstacles to Arab economic integration and address the political and economic factors that play a role to achieve this goal. The central hypothesis of this paper is that there must be fundamental structural changes in Arab economic integration agreements. Effective dispute resolution mechanism and few opt-out provisions speak to a greater will to commit to integration. Arab countries must confront internal dissension and lack of implementation.
Assessing Labour and Environmental Regimes in Regional Trading Arrangements
Authors: Dawar Kamala 
Published: March 2022

This article examines environmental and labour regimes in twenty-eight leading regional trade agreements (RTAs). It identifies the different legal regimes regulating labour and the environment within the territories of the parties to these regional agreements. To produce a comparative assessment of the scope and strength of these regimes, the research uses a multidimensional method of legal analysis.
This article argues that as the impact of other international law sources in the World Trade Organization (WTO), including labour and environmental law seems to be narrowing, labour and the environment regulation within RTAs is expanding. These ‘behind-the-border’ regulatory commitments are made more enforceable when they are linked to trade agreements because trade retaliatory measures are potentially permitted in the event of non-compliance.
This article concludes that despite the shift towards including labour and environmental regulation within RTAs, there are strict limits to how far these regimes can promote these issues. This has implications for the use of RTAs as a forum for this type of regime.
Is Transatlantic Trade and Investment Partnership a Regional Contribution to Global Economic Governance?
Authors: Bourgeois Jacques H.J. 
Published: March 2022

The negotiation of Transatlantic Trade and Investment Partnership (TTIP) has been followed to an unprecedented extent by civil society. One of the issues underlying the debate is whether TTIP would contribute positively to global economic governance. This contribution is a limited attempt to address this issue from two different perspectives. First, it tries to reply to the question of how TTIP would relate to the World Trade Organization (WTO), a major form of global economic governance; whether it would be legally consistent with the WTO and whether, where it deals with areas potentially within the scope of the WTO, it blocks any action at WTO level in these areas. Second, this contribution addresses the question whether TTIP would contribute in other areas beyond the scope of the WTO, to global economic governance; it examines a few such selected areas.
The AfCFTA and Trade Facilitation: Re-Arranging Continental Economic Integration
Authors: Magwape Mbakiso 
Published: March 2022

The African Continental Free Trade Agreement (AfCFTA) was launched on the 21 March 2018 with overwhelming support by African States. The FTA emerges against the backdrop of unsuccessful continental economic integration attempts, characterized by failed target-deadlines, multiplication of RTAs (the ‘spaghetti-bowl effect’) and political and governance issues. The AfCFTA re-arranges the African continental integration construct by employing a ‘top-down’ approach. This is a drastic departure from the ‘bottom-up’ structure championed by the African Economic Community (AEC) through Regional Economic Communities (RECs). This article examines the change in institutional framework adopted by the AfCFTA, the role that existing RECs have under the said Continental FTA, and aligns international instruments with legal provisions binding on Member States. The Article focuses on trade facilitation which took centre stage during the Doha Development Round. African States have embraced trade facilitation, the AfCFTA has followed suit and has cemented provisions in its Protocol on Trade in Goods. An overwhelming majority of AfCFTA Signatory States are WTO Members, and have also ratified the WTO Trade Facilitation Agreement (WTO TFA). The Article reconciles legal trade facilitation obligations of African Member States under the AfCFTA and the WTO TFA, and establishes the legal relationship between the AfCFTA and the WTO.
The EMU and Its Multi-Level Constitutional Structure: The Need for More Imaginative ‘Dialogue’ Among and Across EU and National Institutions
Authors: Ruiz Almendral Violeta , Lamandini Marco , Ramos Muñoz David 
Published: March 2022

‘Finance’ has become the most salient part of the European project. For better or worse, it has been the EU’s major field of experimentation for institutional innovations, and also the protagonist of its major tensions. Such tensions pervade the Monetary Union, the Banking Union, and the framework for fiscal stability and budgetary coordination, and, in important occasions or respects, have ignited inter-court conflicts, exposed some accountability gaps, and made more difficult than desirable cooperation towards a common policy and mutual understanding, albeit in the diversity, at the inter-governmental level. It need not be like this. All those shortcomings can be overcome without major statutory reform, with a more imaginative use of the tools already in place, and (crucially) a change in the practice of dialogue between institutions and bodies, both from a vertical perspective (notably, courts, but also parliaments and governments) and a horizontal one (between political, administrative and judicial levels of accountability).
European Monetary Union, EMU, banking union, fiscal coordination, judicial review, accountability, dialogue
When Integration by Stealth Meets Public Security: The EU Foreign Direct Investment Screening Regulation
Authors: Verellen Thomas 
Published: March 2022

The EU FDI Screening Regulation (the Regulation) is an interesting application of the ‘integration by stealth’ theory to the sphere of investment screening. The Regulation leads to integration in the sense that, for the first time, the Commission is granted a role in the process of investment screening within the EU. However, Commission involvement comes at the cost of simultaneously strengthening the hands of the Member State screening authorities, leading to a suboptimal policy outcome whereby neither the Commission nor the Member States may have at their disposal the necessary tools to screen investments quickly and thoroughly, as is required to maintain an open investment environment. The shortcomings of the Regulation are likely to trigger calls for further reform. To develop this argument, this article (1) legally examines the main features of the Regulation and (2) explores the interplay of the Regulation with EU free movement rules. The article explains how the Regulation is likely to contribute to an uptake in national screening decisions, but not to a concomitant increase in enforcement opportunities for the Commission or the Court of Justice of the EU. This creates an enforcement gap, which may put pressure on the existing free movement framework and may risk encouraging Member States to develop a national as opposed to a common EU conception of public security and order.
European Union law, European integration, foreign direct investment screening, free movement of capital, freedom of establishment, investment liberalization, functionalism, neo-functionalism, Court of Justice of the European Union, common commercial policy, rule of law, judicial protection, enforcement
Exempting and Justifying Covid-19 Related Export Restrictions Under WTO Law
Authors: Huang Chieh 
Published: March 2022

WTO Members have adopted various trade-related measures under their domestic laws in response to the outbreak of Covid-19. The article discusses ways to exempt or justify quantitative export restrictions or bans which are in principle prohibited by Article XI:1 GATT.To this end, it sheds a light on the different scopes and requirements of Article XI:2 (a), Article XX (b) and ( j) GATT, as well as of Article XXI (b) (iii) GATT. The article finds that the GATT provides a solid legal framework for both the exemption and justification for Covid-19 related trade measures; additionally, it raises the question of whether Article XXI (b) (iii) GATT likewise provides an appropriate legal basis to justify Covid-19 related trade restrictions.
Covid-19, pandemic and trade, export restrictions, WTO exceptions, national security