bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Free Trade Agreement Between the European Union and Vietnam
Authors: Fruscione Alessandro 
Published: March 2022

The European Union and Vietnam have signed a far-reaching Free Trade Agreement, which came into force on 1 August 2020 and represents a turning point in the trade relations that the Union has with third countries.
In addition to providing for a substantial reduction in duties, partly with immediate effect and partly over the next few years, the agreement affects non-tariff barriers, substantially simplifying the documentation needed for customs operations (in particular in Vietnam) and the certifications required for certain types of products (for example, for pharmaceuticals).
The Agreement also limits the adoption of anti-dumping and countervailing duties, specifying that trade remedies should be enforced in full compliance with the relevant requirements of the World Trade Organization and should be based on a fair and transparent system.
The products originating from the two contracting parties will benefit from the duty exemptions and reductions upon production of a proof of preferential origin, represented, up to a value of 6,000 euros, by the exporter’s invoice declaration and, above this amount, by an exporter registered on the REX (Registered EXporter) system.
The protection of intellectual property, ‘Made in’ and geographical indications is ensured, with specific provisions aimed at preventing fraud.
Along with the Free Trade Agreement, the Union and Vietnam have also signed an Investment Protection Agreement, whose main point is the provision for the creation of an independent and qualified court to settle disputes between investing companies and the state.
Agreements, Vietnam, Preferential, REX, protection, investments, ASEAN, Exports, Made in, ICS
Don’t Wake up the (EU) Bear! The Scope of the EU Blocking Regulation 2271/96 in Light of the Recent Preliminary Ruling Reference in Bank Melli V. Telekom Deutschland Case, C-124/20
Authors: Rovetta Davide , Smiatacz Agnieszka , Pandey Giani 
Published: March 2022

The present article describes the main features of the EU Blocking Regulation aimed at obstructing the application in the EU of US secondary economic sanctions. The recent preliminary ruling request by a German Court on such Regulation in the Bank Melli v. Telekom Deutschland case could open the door for the Court of Justice of the European Union granting a strong and unconditional enforcement of such EU Regulation against US secondary sanctions. If this were to happen, the compliance policy of companies present in the European Union will be dramatically impacted. Although the case is yet to be decided, most likely in the first half of 2021, the present article addresses main points concerning the relevant aspects for the application and interpretation of the EU Blocking Regulation.
Blocking Regulation, Cuba, Economic sanctions, Embargo, EU, European Court of Justice, Iran, OFAC, Preliminary reference, Primary Sanctions, Secondary sanctions
The AfCFTA’s Success Depends on Effective Dispute Settlement Mechanisms for the Private Sector
Authors: Kugler Kholofelo 
Published: March 2022

The state-to-state nature of the dispute settlement mechanism (DSM) of the Agreement Establishing the African Continental Free Trade Area (AfCFTA) could serve as a barrier to ensuring dispute resolution under this regional trade agreement. African countries’ low participation in trade dispute resolution at the World Trade Organization (WTO) and within their own regional economic communities (RECs) indicates that these countries either do not have the capacity to resolve trade issues through contentious litigation or those types of dispute settlement mechanisms are not suited to their needs. However, it is important that the AfCFTA ecosystem provides effective and efficient dispute settlement options for the commercial operators that will seek to take advantage of the benefits of the trade agreement. The AfCFTA non-tariff barrier (NTB) Online Monitoring Mechanism is a welcomed addition to the options available to the private sector. However, AfCFTA State Parties must resolve the complaints lodged on that platform swiftly and adequately. In the absence of continental or regional dispute resolution options, it is foreseen that domestic courts will play a large role in adjudicating AfCFTA-related disputes. Therefore, the options that State Parties could avail to private parties include establishing or capacitating commercial courts and arbitration centres to effectively adjudicate AfCFTA-related disputes.
Africa, AfCFTA, dispute settlement, DSU, state-to-state, private sector, direct access, domestic courts, arbitration
Implementation of the WCO Time Release Study to Mitigate Non-tariff Barriers in AfCFTA: Lessons to Be Learned by Africa
Authors: Omi Kenji , Da Silva Oluimo 
Published: March 2022

The African Continental Free Trade Area (AfCFTA) entered into force on 1 January 2021. Its ‘trade in goods’ pillar focuses on a reduction ofnon-tariff barriers (NTBs) in addition to tariff reduction.
The World Customs Organization (WCO) Time Release Study (TRS) is particularly relevant in addressing NTBs. The TRS is a WCO tool designed to measure the time spent for release and/or clearance of goods at borders. It has been created to help administrations identify bottlenecks in the trade flow process and to facilitate trade while ensuring compliance and revenue collection at borders.
The aim of this article is to share the importance and benefits of applying the WCO TRS methodology to identify and address NTBs that are hampering international trade. Implementation of the TRS will support AfCFTA countries in alleviating NTBs.
In this document the authors provide an overview of the current situation relating to the TRS based on WCO survey results, together with anecdotal national and regional examples within Africa and externally. The article then shows lessons that could be learned by African countries, particularly in the context of the AfCFTA.
TRS, non-tariff, Africa, barriers, AfCFTA, lesson and regional
EU Citizenship and EU Fundamental Rights: Taking EU Citizenship Rights Seriously?
Authors: van den Brink M.J. 
Published: March 2022

European citizenship offers great potential for the protection of fundamental rights. Due to the relation between EU citizenship and EU fundamental rights, the Court's seeming willingness in Ruiz Zambrano to protect the substance of EU citizenship rights could potentially have an immense impact on the EU fundamental rights architecture. However, considering the Dereçi case, it is questionable if the Court takes EU citizenship rights seriously. Instead of contributing to the safeguarding of fundamental rights, the Dereçi approach will have worrisome effects for the protection of fundamental rights in the EU. This article examines the relation between EU citizenship and EU fundamental rights and argues that if the Court is truly willing to protect the substance of EU citizenship rights, it has to overturn its decision in Dereçi and to include fundamental rights in the doctrine established by Ruiz Zambrano. After it has been outlined why such an approach would, in contrast to the Court's argument in Dereçi, be completely in line with Ruiz Zambrano, the potential effects of such an approach will be presented.
The Bitter End of Sovereign Debt Restructurings: The Abaclat v. Argentina Arbitration and the Eurozone Crisis
Authors: Bianco Giuseppe 
Published: March 2022

Among the measures adopted to tackle the financial crisis in Europe, part of the sovereign debt of the Greek government was restructured in early 2012.The current Greek predicament bears a significant resemblance with Argentina's situation after the 2001 economic crisis. Its sovereign debt restructuring has been challenged before an investment arbitral tribunal by a group of Italian bondholders, who have thus far succeeded at the jurisdictional phase. The Abaclat and others v. Argentina case is the first International Centre for Settlement of Investment Disputes (ICSID) arbitration which deals with a sovereign debt workout. Albeit the award on the merits is still pending, the importance of the dispute cannot be overestimated. It signals a new forum bondholders could use, when they do not participate in an exchange, to still seek to obtain their interest and capital from the debtor State. This article aims at assessing the possibility of analogous developments for Greece, and potentially other Eurozone countries which might need to restructure their debt in the near future. To do so, it compares the historical unravelling of the crises in Argentina and in the Eurozone. It then offers a careful analysis of the recent arbitral decision in the Abaclat case. Finally, it evaluates the potential risks for the Eurozone and reviews several options for action at the European level.
CETA and the External Autonomy of the EU Legal Order: Risk Regulation as a Test
Authors: Leonelli Giulia Claudia 
Published: March 2022

This article endeavours to assess whether the Investor-State Dispute Settlement (‘ISDS’) mechanism established under the Comprehensive Economic and Trade Agreement (‘CETA’) may in fact undermine the external autonomy of the EU legal order, arguing that in Opinion 1/17 the Court of Justice of the European Union (‘CJEU’) has lowered the bar in its analysis of compatibility with this principle. After a brief overview of the notion of external autonomy the article turns to an analysis of the CETA Opinion, arguing that the CJEU confined itself to a formal scrutiny of the relevant textual provisions and failed to thoroughly explore the impact that CETA’s ISDS mechanism is liable to have in practice. The article then deploys two hypothetical scenarios, both involving the field of EU risk regulation. These will show how CETA Tribunals might indirectly interpret EU law as a matter of law and how, when assessing whether an EU measure breaches CETA, they might encroach on the EU determination of the adequate level of protection of public interests. Against this backdrop, the article argues that CETA’s ISDS system is liable to undermine the uniform and consistent interpretation and application of EU law. Further, CETA Tribunals might de facto bind the CJEU in its interpretation of EU law and influence other EU institutions in the exercise of their powers.
CETA, ISDS, External Autonomy, Achmea, Risk Regulation, GMOs, Health and Environmental Protection.
The EU Market in Times of a Global State of Emergency: Internal and External Trade Barriers in the Age of Pandemics
Authors: Mariani Paola 
Published: March 2022

This article explores the immediate reaction of the EU and its Member States to the Coronavirus disease 2019 (COVID-19) outbreak in Europe in terms of trade restrictions. Almost all Member States adopted export control measures on personal protective equipment (PPE) essential to combat the pandemic in order to preserve it for the domestic market. The trade barriers affected the intra-EU trade as well as the external trade with third countries. The article explores whether and to what extent these restrictive measures on exports within the internal market may be justified on grounds of the protection of health and life of humans, as allowed by Article 36 Treaty on the Functioning of the European Union (TFEU). It will be argued that the consolidated case law justifying a Member State facing health emergencies to adopt restrictive measures to protect the population on its territory is not suitable in case of pandemics. The degree of market integration and the rising concept of health solidarity as an EU objective allow a different interpretation of the health exception assuming as term of reference the whole EU population. The article further analyses the export authorization scheme adopted by the Commission to allow restrictions on exports of PPE to third countries in case of shortages in essential goods in the Union. The article concludes by suggesting a preventive EU mechanism of control of intra-EU export restrictions in case of serious cross-border threats to health, similar to the export authorization scheme for extra EU exports, in order to avoid unilateral and disjointed responses by Member States in the future.
COVID-19 crisis, European Union response, Export control measures, Public health exception to free movement of goods, Member States general interest, Health solidarity in the EU, External trade restrictions, Export authorization schemes.
Six rounds in the (arbitration) Chamber: selected U.S. measures and their impact on International Commercial Arbitration
Authors: Vasconcellos Márcio 
Published: March 2022

RESUMO: O foco do presente artigo é discutir certas medidas disponíveis perante Cortes nos Estados Unidos que podem ajudar e influenciar procedimentos em arbitragem comercial internacional. Inicialmente, o artigo discute certos poderes que os árbitros têm e que não têm em se tratando de arbitragem comercial internacional. Em seguida, o artigo se dedica a certas medidas em Cortes norte-americanas e seus impactos na arbitragem comercial internacional. Como conclusão, o potencial efeito perturbador que estas medidas podem ter na arbitragem fazem com que conhecê-los e se proteger contra eles seja uma necessidade. ABSTRACT: The focus of the present paper is to discuss certain key measures available before courts in the United States that may assist and influence international commercial arbitration. Initially, the paper discusses certain powers that the arbitrators have and do not have in international commercial arbitration. Then, the paper turns to selected U.S. measures and their impact in international commercial arbitration. As a conclusion, the potential disruptive effect that these measures may have in arbitration make knowing and protecting against them a necessity.
A Mitigação da Confidencialidade da Arbitragem na Recuperação Judicial
Authors: Cabral Thiago Dias Delfino 
Published: March 2022

RESUMO: O presente artigo visa explorar a confidencialidade da arbitragem na recuperação judicial. De forma mais específica, analiso se essa característica de determinadas arbitragens merece ser mitigada em prol do processo de recuperação judicial e, após concluir por uma resposta positiva, proponho parâmetros de flexibilização. Para atingir essa finalidade, analisei a confidencialidade da arbitragem nos ordenamentos jurídicos estrangeiros e no Brasil. Em seguida, apresentei situações que impõem a mitigação da confidencialidade no Brasil, cujos fundamentos permitem defender que a confidencialidade deve ser flexibilizada em decorrência de um procedimento recuperacional. Por fim, apresentei situações e parâmetros para flexibilização da confidencialidade na recuperação judicial. ABSTRACT: This article aims to explore the confidentiality of arbitration in judicial reorganization. More specifically, I analyze if it is worth mitigating this characteristic of certain arbitrations in favor of the judicial reorganization process and, after getting a positive response, I propose parameters of flexibility. To achieve this, I analyzed the confidentiality of arbitration in foreign legal systems and in Brazil. Moreover, I presented situations that impose the mitigation of confidentiality in Brazil, whose fundamentals allow us to defend that confidentiality should be flexible due to a recuperation procedure. Finally, I presented situations and parameters for the flexibility of confidentiality in judicial reorganization. SUMÁRIO: Introdução; 1 A confidencialidade na arbitragem: conceito; 1.1 Um panorama da confidencialidade nos ordenamentos jurídicos estrangeiros; 1.2 A confidencialidade no ordenamento jurídico brasileiro; 2 Exceções à confidencialidade da arbitragem; 3 Confidencialidade da arbitragem v. publicidade da recuperação judicial; 3.1 O dever de informar sobre a arbitragem no pedido de recuperação judicial; 3.2 O dever de informar sobre a instauração de arbitragem durante o processo de recuperação judicial; 3.3 Requisição do administrador judicial; 3.4 Inserção de crédito decorrente de procedimento arbitral como forma de pagamento aos credores no plano de recuperação judicial; 3.5 Cooperação entre o juízo arbitral e o juízo recuperacional; Conclusão.
Arbitrating under the 2018 DIS rules: recent developments
Authors: Bickmann Julian K. 
Published: March 2022

RESUMO: Este trabalho tem como objetivo discutir as recentes modificações com relação às regras de arbitragem do Instituto Alemão de Arbitragem (Deutsche Institution für Schiedsgerichtsbarkeit – DIS), em vigor a partir de março de 2018. ABSTRACT: This paper discusses the recent amendments to the arbitration rules of the German Arbitration Institute (Deutsche Institution für Schiedsgerichtsbarkeit – DIS), in force from March 2018.
Recomiéndeles que se queden en el páramo: ¿Un fragmento discursivo racista/regionalista?
Authors: Ochoa Boris Raúl , Gordillo Iñiguez Sandra Katherine 
Published: March 2022

El presente artículo se sumerge en las palabras, especialmente en siete: -Recomiéndeles que se queden en el páramo- palabras que sobrevivieron a la obsolescencia inmanente de su naturaleza, al ser pronunciadas desde el poder, por una autoridad legitimada en el discurso: Jaime Nebot, a quien, en los lapsus linguae de diferentes actores se lo sigue reconociendo como Alcalde de Guayaquil, pese a no serlo. Su frase pronunciada en pleno paro nacional, exacerbó el regionalismo y abrió una herida social olvidada: el racismo, pero ¿es racista/regionalista? Para responder esto, se recorren diferentes categorías teóricas, se hace un análisis contextual del fragmento discursivo, guiado por las preguntas ¿Quién está hablando? ¿Qué está hablando? ¿A quién le está hablando? ¿En qué escenario? ¿Con cuáles objetivos?; y se revisan fragmentos discursivos aledaños al principal, a la luz de la teoría sobre análisis de discurso racista propuesta por Van Dijk.
The imponderable of life and the imponderable of the river: the São Francisco river as a moving stage
Authors: Vilas Boas Costa Ribeiro Pâmilla 
Published: March 2022

A partir do trabalho de campo realizado com os ribeirinhos do município de Ponto Chique, no norte de Minas Gerais (Brasil), busca-se articular performances e práticas culturais às dinâmicas das águas do rio São Francisco. Durante a chegada da pandemia no local, em 2020, foi possível perceber a entrada de um outro ator que tomou conta dos diálogos na beira do rio: o Coronavírus. Morte e travessia foram temas recorrentes confirmando a tragédia que se anunciava na cidade. Mas ao se opor à ideia de controle da natureza, os ribeirinhos respeitam a natureza de cada ser e nos ensinam a interagir e nos relacionar com as diferentes espécies que habitam os territórios.
Successful method in the treatment of complicated sternal dehiscence and mediastinitis: Sternal reconstruction with osteosynthesis system supported by vacuum-assisted closure
Authors: Furkan Şahin Mehmet , Yazıcıoğlu Alkın , Ali Beyoğlu Muhammet , Yekeler Erdal 
Published: March 2022

Background: This study aims to evaluate the results of the method we used to treat sternal dehiscence and mediastinitis due to median sternotomy following open heart surgery.
Methods: Between July 2014 and March 2019, a total of 13 patients (8 males, 5 females; mean age: 60.3±2.9 years; range, 33 to 74 years) who underwent sternal reconstruction procedure and developed sternal dehiscence and mediastinitis after cardiac surgery were retrospectively analyzed. Data of the patients were retrieved from the hospital records.
Results: Before the procedure, reconstruction was performed by using the Robiscek technique in three cases and a conventional rewiring technique was used in one case. Except for one case, all the other cases had sternal purulent discharge (n=12, 92%). Except for four cases, all cases had at least two fracture lines in the sternum (n=9, 69%). One to 10 sessions of (median=4) vacuum-assisted closure therapy were used in cases before the procedure. At least two bars were placed between the opposite ribs for sternal fixation. Except for three cases, all of the cases were placed transdiaphragmatic harvested omentum in the sternal cavity. Seroma and local infection recurrence occurred in two cases (n=2, 15.3%) and incisional hernia in one case (n=1, 7.6%). Thoracic stabilization was successfully achieved in all cases.
Conclusion: Thoracic stabilization can be successfully achieved in complicated sternal dehiscence cases with sternal reconstruction with STRATOS system supported by vacuum-assisted closure therapy, until the culture turns negative in the preoperative period and by the use of transdiaphragmatic omentum intraoperatively inside the sternal cavity.
Outcomes of Norwood procedure with hypoplastic left heart syndrome: Our 12-year single-center experience
Authors: Özdemir Fatih , Korun Oktay , Dedemoğlu Mehmet , Çiçek Murat , Biçer Mehmet , Yurdakök Okan , Fırat Altın Hüsnü , Hekim Yılmaz Emine , Yurtseven Nurgül , Ali Aydemir Numan , Şaşmazel Ahmet 
Published: March 2022

Background:In this study, we aimed to analyze the predictors and risk factors of mortality in patients who underwent Norwood I procedure with the diagnosis of hypoplastic left heart syndrome.Methods:Between January 2009 and December 2020, a total of 139 patients (95 males, 44 females) who underwent Norwood I procedure with the diagnosis of hypoplastic left heart syndrome in our center were retrospectively analyzed.Results:The median birth weight was 3,200 (range, 3,000 to 3,350) g and the median age at the time of operation was seven (range, 5 to 10) days. Pulmonary flow was achieved with a Sano shunt in the majority (72%) of patients. Survival rate was 41% after the first stage. Reoperation for bleeding (p=0.017), reoperation for residual lesion (p=0.011), and postoperative peak lactate level (p=0.029), were associated with in-hospital mortality. Nineteen (33%) of 57 patients died before the second stage. Thirty-three (58%) patients underwent second stage, and survival after the second stage was 94%. Thirteen patients underwent third stage, and survival after the third stage was 85%. Estimated probability of survival at six months, and one, two, three, and four years were 33%, 33%, 25%, 25%, and 22% respectively.Conclusion:Hospital and inter-stage mortality rates are still high and this seems to be the most challenging period in term of survival efforts of the patients with hypoplastic left heart syndrome. Early recognition and reintervention of anatomical residual defects, close follow-up in the inter-stage period, and the accumulation of multidisciplinary experience may help to improve the results to acceptable limits.
Distribution of Potentially Toxic Elements in Water, Sediment and Soils in the Riparian Zones around a Kraft Pulp and Paper Mill in Western Kenya
Authors: S. Omutange Elijah , O. Manyala Julius , N. Wekesa Anne , Osano Odipo , Munyao Thomas , A. Otieno Alfred , Etiégni Lazare 
Published: March 2022

This chapter discusses the impact of effluent discharge on the distribution of potentially toxic elements (Pb, Cd, Cu and Zn) in water, sediments and soils near a Kraft mill in Western Kenya. Potentially Toxic Elements (PTEs) concentrations were determined at three sites: Water Intake Point, Effluent Discharge Point and Downstream Point. The mill liquid effluent parameters and gaseous emissions were also characterized. One-way ANOVA was used to analyze the spatial differences in PTEs concentrations. Principal component analysis determined the correlations between the proximity to the Kraft mill and the PTEs in soils, water and sediments. In riverine soils, Cd was 0.78 ± 0.01 mg/kg, while Pb was 94.38 ± 9.65 mg/kg. In sediments, the concentration was 16.81 ± 2.46 mg/kg for Zn, 6.16 ± 0.72 mg/kg for Cd and 75.28 ± 5.97 mg/kg for Pb. In water, Zn was 0.26 ± 0.038 mg/L, Cu was 0.75 ± 0.11 mg/L, Cd was 0.05 ± 0.004 mg/L and Pb was 1.26 ± 9.65 mg/L. The spatial distributions of PTEs in soils near the factory and across the river may have resulted from the factory’s effluent discharge and gaseous emissions. These findings should help formulate more stringent industrial effluent management programs in Western Kenya.