bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Reform of the EC GSP Rules of Origin: Per aspera ad astra?
Authors: Inama Stefano 
Published: April 2022

On 1 January 2011, a new regulation on EC Generalized System of Preferences (GSP) rules of origin came into force, ending a reform process that was initiated by the Commission Green Paper of 2003 on the future of rules of origin in preferential trade arrangements. The new EC GSP rules of origin herald a new era and set a benchmark for other preference-giving countries: they are far more liberal than the previous ones with the notable exception of fishery products and processed agricultural food. The Regulation also introduces as of 2017 a new administration of rules of origin whereby origin declarations are made upon registered exporters designation of the certifying authorities. The aim of this article is twofold. The first is to analyse the EC reform to assess the major changes from previous rules of origin; the second aim is to briefly analyse the foundation, evidence, and studies that have underpinned such reform. It discusses the methodology used by the EC Commission and developed by the author in previous UNCTAD papers in setting a given rule of origin. The article concludes with a comparative table of old and new product-specific rules of origin outlining the major changes in key industrial sectors such as agri-food products, clothing, machineries, and electronics.
The Economic and Monetary Union of the Gulf Cooperation Council
Authors: Al-Khodiry Amer 
Published: April 2022

Since the establishment of the Cooperation Council for the Arab States of the Gulf (Gulf Cooperation Council (GCC)) in 1981, its Member States (the Kingdom of Bahrain, the State of Kuwait, the Sultanate of Oman, the State of Qatar, the Kingdom of Saudi Arabia, and the United Arab Emirates) have pursued economic and monetary integration further to the constituent aim of the Charter of the GCC for regional cooperation. With that aim, the Economic Agreement of 1981 established a Free Trade Area, operational since 1983, in the expectation that it would promote regional trade creation and, in turn, greater economic and monetary integration among the Member States. However, most of its provisions for an Economic and Monetary Union (EMU) never took effect. Thus, twenty years after its entry into force, the GCC Supreme Council agreed to revise the terms of the Economic Agreement. The Economic Agreement of 2001 now regulates the economic programme of the GCC.A timetable for the establishment of a Monetary Union was approved at the same time with a proposal to introduce a single currency by 1 January 2010. However, only four of the six Member States (Bahrain, Kuwait, Qatar, and Saudi Arabia) have concluded the Monetary Union Agreement of 2008 and, to date, the single currency remains a proposal only. The GCC has failed to achieve any significant level of economic and monetary integration: ultimately, the EMU and single currency are yet to materialize. On that premise, the article critiques the scope and effect of implementation of the Economic Agreements of 1981 and 2001 as it examines the origins and development of economic and monetary integration in the GCC.
The Integration of Accession Protocols into the WTO Agreement
Authors: Kennedy Matthew 
Published: April 2022

The World Trade Organization (WTO) dispute settlement system has begun to enforce accession commitments without a systematic analysis of the relationship between accession protocols and the WTO agreements. The Appellate Body has twice made recommendations as if a protocol of accession were a separate covered agreement under the Dispute Settlement Understanding (DSU) when, manifestly, it is not. This approach can affect the interpretation of the accession protocols, notably as regards the availability of general exceptions. Even if it is agreed that an accession protocol is 'an integral part of the WTO Agreement', that statement needs to be analysed and not merely recited. It is a pivotal clause which expressly addresses the relationship between an accession protocol and the WTO Agreement and therefore provides an interpretative framework for the assessment of claims arising under accession commitments. Analysis of that clause in its context reveals that it provides for an accession protocol to be read together with the WTO Agreement as a whole, including the multilateral trade agreements, such as GATT 1994.
Thinking in a Box: A Mode 5 Approach to Service Trade
Authors: Kutlina-Dimitrova Zornitsa , Cernat Lucian 
Published: April 2022

This article draws the attention to the growing importance of services inputs in manufacturing sectors' exports in the EU and beyond. The GATS existing four modes of supply do not adequately cover this type of indirect services value-added trade. Hence, theoretically, the case for a new indirect mode of services supply - 'mode 5' - is made. On the basis of the TiVA database, our estimates of mode 5 services exports point to a substantial share of total merchandise trade. The article also finds that from a 'mode 5' perspective, services embodied into products are also subject to fairly complex trade rules. One such example illustrated in this article is the area of customs valuation. Other issues (trade facilitation, rules of origin) could have an impact on the way 'mode 5' services are traded. The renewed impetus at the WTO on trade facilitation and the post-Bali agenda should provide a new opportunity for policy makers to forge trade rules that are well-suited for the ways in which goods and services interact along global supply chains.
Asymmetrical Fairness: China’s Use of Antidumping Measures
Authors: Sohn Injoo 
Published: April 2022

How and under what conditions do issues of fairness affect a state’s behaviour? This article argues, through the study of China’s behaviour in antidumping (AD) disputes, that there is utility in analysing economic conflict resolution by means of the capacity-based concept of asymmetrical fairness. This study seeks to develop theoretical hypotheses (‘systemic stability’ and ‘deterrence signal’) on the causal mechanism through which asymmetrical fairness can affect the policy choices of trade disputants. This study also presents some conjectures about conditions conducive to the elevation of fairness concerns within government: (1) the availability of punitive mechanisms; (2) unclear distributional implications; (3) domestic norms; and (4) in-group identity. The article concludes by discussing some implications of China’s fairness concern for global economic governance in today’s turbulent international system.
China, America, fairness, anti-dumping, trade conflict, inequality, WTO, governance
Online Platform Providers in the Sharing Economy: Emergence of New Service Suppliers?
Authors: Hur Nany , Kwak Dongchul , Park Jeongjoon 
Published: April 2022

The ‘sharing economy’ has grown dramatically with the development of online platforms, challenging both domestic and international economic structure and related policies. While the issue of governance surrounding the online platform industry has become an important issue, thereby necessitating more discussion, even in the WTO, there remains the structural incompatibility of online platform providers with the current international trade regime and the continuing debate regarding how to classify and categorize platform services and their suppliers. This study aims to provide a comprehensive analysis of the status of online platform providers under the international trade regime, focusing on the matters of classification and the likeness of online platform providers based on the norms of trade in services. The article further examines the next question of the applicability of existing international trade norms, including WTO and free trade agreements together with the overview of newly introduced trade norms for online platform providers. Although there are still unresolved questions regarding various kinds of online platforms, the present work urges a continuous effort into defining applicable norms for the sharing economy within the established trade regulatory framework for legal certainty and predictability.
Sharing economy, online platform, GATS, FTA, classification, likeness
Export Restrictions in Times of Pandemic: Options and Limits Under International Trade Agreements
Authors: Pauwelyn Joost 
Published: April 2022

Trade saves lives’ could have been the headline. Coronavirus disease 2019 (COVID-19) hit so hard, quickly and across so many nations at the same time, that many countries not only rushed to produce and import, but also imposed export restrictions on protective masks, ventilators and other products they were running out of. On one count, as of 26 April 2020, at least seventy-five governments had banned or limited exports of medical supplies and medicines.
The impact and pros and cons of such export restrictions have been discussed elsewhere. What this contribution seeks to do is to set out the options and limits under international trade agreements.
Section II discusses export restrictions under EU law, first within and then outside the EU. Section III turns to WTO agreements, discussing both obligations in respect of export restrictions, and a number of exceptions explicitly provided for. It also refers to trade remedies as a possible response to export restrictions. Section IV briefly examines preferential trade agreements. Section V concludes, highlighting the importance of transparency and the limits of law and enforcement procedures when it comes to emergency measures, especially those enacted on a temporary basis in the midst of a crisis.
Economists have almost universally condemned the recent surge in export restrictions. The main take-away point when looking at what international law currently provides for is, however, that it offers countries a great deal of leeway to enact such restrictions especially during a pandemic. One question for further research and negotiations is whether this wiggle room ought to be reduced to effectively address the next pandemic. Some recent commitments and proposals have been made in this direction. They are referenced in the conclusion.
Export Restrictions, Public Health, COVID-19, Food Security, Shortages, WTO, EU, International Trade, Dispute settlement
A Trade Policy Agenda for the Diffusion of Low-Carbon Technologies
Authors: Ahmad Zaker 
Published: April 2022

This article proposes that the function of trade rules with respect to low-carbon technology diffusion should be to address the identified market-related barriers preventing cross-border dispersion of the necessary technologies. By doing so, it seeks to expand the discussion in the WTO regarding trade, technology transfer, and climate change beyond the traditional confines of intellectual property issues. To that effect, it outlines a new framework against the normative background of Common Concern of Humankind, an emerging legal doctrine. This is further followed by highlighting the key areas of action, which includes - market access reform to reduce costs, process and production measures (PPMs) to increase demand for clean technologies, and making rational and appropriate incentives available domestically and also for exports.
Trade and Climate, Low-carbon technology diffusion, Transfer of technology, Market failure, Technology market reform, Common concern of humankind
Informing WTO Reform: Dispute Settlement Performance, 1995-2020
Authors: Saluste Maarja , Mavroidis Petros C. , Hoekman Bernard M. 
Published: April 2022

This article presents salient facts on the performance of WTO dispute settlement, using an updated dataset on cases adjudicated between 1992 and mid 2020. The dataset provides a comprehensive compilation of information on WTO disputes, including complainants, respondents and third parties; the substantive matters tabled; the WTO provisions invoked; the claims that are accepted or rejected by adjudicating bodies; the time involved to complete the consultation, panel and appeal (Appellate Body) stages; and the identity of panelists and how they were appointed. We highlight elements of the operation of the system that are salient to WTO reform discussions, while drawing attention to the richness of the dataset by highlighting stylized facts in the hope others will use the data to investigate specific research questions and hypotheses.
WTO, trade disputes, conflict resolution, panels, Appellate Body
Migration, Trade and Investment: Towards a New Common Concern of Humankind
Authors: Cottier Thomas , Shingal Anirudh 
Published: April 2022

This article explores linkages between migration, international trade and investment from both economics and legal perspectives. The literature review reveals that the migration-investmenttrade triangle shows complex interdependencies, both in terms of substitution and complementarities, though its components remain largely separated both institutionally and legally. The 2018 Global Compact for Safe, Orderly and Regular Migration addresses a number of trade and investment-related issues. Recent treaty developments also encourage considering the three in a more integrated manner. The article suggests undertaking such an integration effort under the emerging principle of Common Concern of Humankind and sets out a number of preliminary ideas suggesting ways in which migration could be addressed in policies on international trade regulation and in the field of investment protection.
Migration, trade, investment, Global Compact, Common Concern of Humankind
Selective Engagement? Future Path for US– China Economic Relations and Its Implications
Authors: Wang Heng 
Published: April 2022

The US–China economic interactions will have profound ramifications for the world. The article explores the following questions: what is the path forward for US–China economic interactions? What are its implications? It argues that selective engagement is the possible future path for US– China economic interactions. Selective engagement involves selective focuses, which currently are an unprecedented emphasis on market access, and delegalized implementation. Selective engagement contrasts sharply with deep free trade agreements that focus on regulatory disciplines and legalized dispute settlement. Selective engagement carries profound implications, ranging from rule vacuum and inconsistency, increased protection and economic disintegration, to the marginalization of multilateralism. Essentially, selective engagement is a ‘different animal’ from previous trade practices, and could be a game changer in international economic order. The US–China interaction is highly mutable, and selective engagement may change over time.
selective engagement, trade war, US–China Phase One agreement, free trade agreements, the Belt and Road Initiative
Old Wine in a New Bottle? Green Industrial Policy and the Use of Safeguards in the Solar Sector
Authors: Meng Fang Mandy 
Published: April 2022

Enhancing manufacturing competitiveness in the solar photovoltaics (PV) sector has been a political priority for numerous countries, with green industrial policies often used to effectuate such priorities. In 2018, safeguards were utilized by the United States as a new form of green industrial policies in the solar PV sector, which was quickly followed by India. Safeguards are distinctly different from other widely employed green industrial policies, and their use threatens the multilateral trading system and impedes much-needed efforts to mitigate climate change. This article seeks to advance the literature on the interaction between green industrial policies and the World Trade Organization (WTO) by exploring the legal considerations and policy implications of employing safeguards in the PV Sector. This article discusses why the WTO would likely find that both the US and Indian measures violate the General Agreement on Tariffs and Trade and the Agreement on Safeguards (AS), but perhaps more importantly reveals several deficiencies associated with the WTO rules and institutional difficulties which may curtail the reduction of trade barriers. This article suggests the negotiation of a plurilateral agreement to eliminate the use of safeguards in the solar PV sector and foster a positive synergy between the trade and climate regimes.
WTO, Safeguards, Green Industrial Policy, Solar PV, Trade Protectionism, Climate Change
Let’s Play?: An Examination of the ‘Level Playing Field’ in EU Free Trade Agreements
Authors: Gillis Matilda 
Published: April 2022

Free Trade Agreements to which the European Union is a party increasingly contain minimum obligations with respect to taxation, subsidies, and labour and environmental standards. Those obligations have been termed, in a highly pervasive and rhetorically effective metaphor, the ‘level playing field’. This article is directly concerned with the concept of the level playing field. Specifically, it examines the level playing field concept vis-à-vis ‘free trade’, how it has been implemented in recent EU free trade agreements (FTAs), particularly with respect to labour and environmental standards, why the concept seems to be gaining in influence and authority, and what that might mean for the liberal trading regime.
level playing field, WTO law, EU Free Trade Agreements, free trade
Cartel Fines in Europe–Law, Practice and Deterrence
Authors: Veljanovski Cento 
Published: April 2022

This article examines the law, practice and evidence on fines for price-fixing under European competition
law. It undertakes the first comprehensive quantitative analysis of fines imposed on cartels by the European
Commission. Based on an analysis of 30 fully reported cartel decisions, and appeals against many of these,
the article looks at how fines were calculated in practice under the 1998 Penalty Guidelines, leniency
notices and appeals, and whether they reflected consumers’ losses and were likely to deter price-fixing. It
also examines the impact of the 2006 Penalty Guidelines by recalculating fines for the decided cartel cases.
Are Sports Cartels Different?–An Analysis of EU Commission Decisions Concerning Collective Selling Agreements for Football Broadcasting Rights
Authors: Massey Patrick 
Published: April 2022

The March 2006 decision by the EU Commission in respect of broadcast rights for FA Premier League
(FAPL) football matches is the latest in a series of decisions in which the Commission has permitted
collective selling of such rights. The decision precludes the sale of all rights to live FAPL football matches
to a single broadcaster. The Commission had initially objected that the joint selling arrangements were
anti-competitive and ’’tantamount to price fixing’’. Given that price fixing is generally regarded as a
serious breach of competition law, the acceptance of such arrangements in the case of sports broadcasting
raises some serious issues. A subsequent UK Government report on football recommended the
introduction of a block exemption permitting collective selling of football broadcasting rights. Three main
arguments have been advanced in support of collective selling of sports broadcast rights?that it is
necessary because of the unique characteristics of sports leagues; that it improves competitive balance
within sports leagues; and that it permits the redistribution of some of the revenues from the sale of
broadcast rights to lower level clubs. The present article analyses these arguments and concludes that they
are not supported by the evidence.
The Application of Article 86(2) EC to Measures Which do Not Fulfil the Altmark Criteria; Institutionalising Incoherence in the Legal Framework Governing State Compensation of Public Service O
Authors: Lynskey Orla 
Published: April 2022

Whether or not state compensation for the performance of public service obligations constitutes aid is a
question to which consistent answers have not been forthcoming.
In its Altmark Trans judgment the Court made an attempt to definitely settle this issue when it held that
state compensation for the undertaking of public service obligations does not confer an advantage on
undertakings if the four criteria set out in that judgment are fulfilled. However, this conditional answer
provided by the Court to this question opened a different can of worms. The Altmark criteria overlap with
those found in Article 86(2) EC begging the question; did Altmark incorporate the Article 86(2) EC
derogation into the Article 87(1) EC concept of advantage? The Commission’s position is clearly set out in
its Monti package; it considers that the exception may be applied after the Altmark criteria. By permitting
the application of the same legal criteria twice, the Commission runs the risk of applying these criteria in an
inconsistent manner. This article sets out to examine the ramifications the Altmark judgment has had on the
legal certainty of the Community’s state aid regime. In this regard, particular emphasis will be put on the
Commission’s recent ’’Monti package’’ to examine whether it has cleared up any remaining confusion post-
Altmark.This article has been shortlisted for the 2nd World Competition Young Writer’s Award.
Market Power in Bidding Markets: An Economic Overview
Authors: T’Syen Koen 
Published: April 2022

Undertakings often claim to operate on a bidding market, where it is impossible to have market power (“bidding market defence”).
This defence is only valid under four conditions: winner-takes-all, lumpy demand, absence of lock-in effects and easy entry. If fulfilled, one speaks of an ideal bidding market.
Non-compliance with at least one condition invalidates the defence, and “ordinary” antitrust problems resurge: firms may exercise market power. The feasibility thereof depends, firstly, on whether the bidding process is better qualified as an ascending or a sealed-bid auction and, secondly, on whether it is a private or a common value auction.
Three common ways of exercising market power in impure bidding markets are collusion, predation and entry deterrence. These strategies can be effectively tackled under Articles 81 or 82, except for tacit collusion. Therefore, competition authorities should use their powers under the Merger Regulation to avoid that mergers between bidders facilitate coordinated behaviour.
Consequently, markets with bidding contests do not always lead to competitive outcomes. To avoid confusion, these markets should not be referred to as “bidding markets” but as “markets with a bidding process”. The concept “bidding market” is better reserved for ideal bidding markets.
This article has been shortlisted for the 3rd Young Writer’s Competition Award.
An Institutionalist Explanation of Joint Dominance
Authors: Vatiero Massimiliano 
Published: April 2022

This article tries to formulate an institutionalist reassessment of the notion of joint dominance, a market situation in which certain firms indirectly synchronize the conduct in a ‘conscious parallelism’. In this article, the concept of joint dominance is treated as an economic common good with the resulting problems of coordination and free riding. We prove, then, that the essence of these problems explains the emergence of economic links between agents involved in a joint dominance. In particular, we define the limit of a joint dominance by the notion of conjectural variations.
Moreover, we distinguish different forms of joint dominance as deriving from the old-institutionalist J.R. Commons’ idea of transaction. We demonstrate that joint dominances composed by vertically related parties and/or by firms and the ‘public authority’ produce the reduction of a contestable Commonsian transaction as well as the horizontal joint dominance.