bluuebunny/crossref_metadata_2025_split huggingface dataset:
So Many Feathers on the Scale: Whether and How to Voluntarily Disclose Violations of U.S. Export Controls and Economic Sanctions Laws
Authors: Matheny III Richard L. 
Published: March 2022

The export control and economic sanctions laws are a minefield for U.S. companies that export products and engage in other forms of cross-border transactions. Mistakes are common, even for diligent, well-intentioned exporters. The company suspecting it has exported an item or technology outside of compliance with these complex laws must consider whether to disclose the violation to the relevant federal agency. Although usually not required by law, a voluntary disclosure can be advisable for many reasons, including avoidance or mitigation of penalties. But two things are true about the vast majority of violations: Most do not remotely threaten the national security of the United States and most are unlikely to be independently discovered by the enforcing agency. The would-be discloser is justified in wondering what is the merit-for the company and for the national security-in making a disclosure. In addition, where the company does decide to disclose, it confronts a host a questions, including what should be disclosed, how, to whom, and when to make the disclosure. This article considers these questions in the context of the three primary U.S. export-control and economic sanctions laws: the International Traffic in Arms Regulations (ITAR), administered by the State Department's Directorate of Defense Trade Controls (DDTC); the Export Administration Regulations (EAR), administered by the Commerce Department's Bureau of Industry and Security (BIS); and the economic sanctions regulations administered by the Treasury Department's Office of Foreign Assets Control (OFAC).
The Fourth Wave of FTAs in 20152016?
Authors: Hamanaka Shintaro 
Published: March 2022

The third wave of Free Trade Agreements (FTAs) surged to Asia in the early 2000s with the Asian type of domino effect – the domino of proposing new bilateral agreements. However, with the launch of Trans-Pacific Partnership (TPP) negotiations, the mode of domino returned to the normal track (the domino of participating in existing agreements), which seems to have led to the end of third wave of FTAs. However, the number of FTAs in Asia would again increase in the near future, counter-reacting to TPP and Transatlantic Trade and Investment Partnership (TTIP). In fact, the majority of recent FTA proposals in Asia are those proposed by non-TPP parties, especially by China, or those between Asia and European Commission (EC). This short paper will briefly discuss three issues in turn to provide an overview of the state of play of FTA policy activity in Asia: (i) the latest trend of FTAs in Asia; (ii) what is likely to happen to Asia’s FTA scene in near future; and (iii) desirable and effective trade policy in the era of FTAs.
The EU and Turkey: Privileged Partner or More?
Authors: Vermulst Juni , Baskin Serdar 
Published: March 2022

By even larger numbers, respondents envisage the Europe of 2057 as encompassing Turkey. With the issue of Turkish membership, a political hot potato in a Europe struggling to integrate the Muslims already within its borders, Italians believe most strongly that Turkey will join (58%), followed by respondents from Britain and Germany (46%), France (38%), and Spain (36%). These results are ‘surprisingly revealing’, said Timothy Garton Ash, professor of European studies at Oxford University. ‘It’s fascinating because it reveals some deep assumptions people make.’ Many Europeans say ‘Europe shouldn’t expand to include Turkey and Russia’ he said, ‘but deep down they believe it will. It shows you how much enlargement really is the story of the European Union’. ‘As underlined by Prime Minister Recep Tayyip Erdogan, the EU accession process is the most significant modernization project of Turkey since the proclamation of the Republic.’
All Parts Should Have Meaning: A Proposal on the Correct Interpretation of section 15(a) & (d) of Chinas Protocol of Accession
Authors: González-Rojas Fernando 
Published: March 2022

For almost six years, there has been a heated legal debate about the correct interpretation of section 15 of China’s Protocol of Accession to the World Trade Organization (WTO). In essence, this discussion turns around one crucial question: what are the legal effects of the single sentence in that protocol, commonly known as the ‘sunset clause’? This particular sentence establishes that a certain provision in section 15 that expressly allowed for the use of non-Chinese prices or costs during normal value calculations was due to expire fifteen years after China acceded to the WTO, namely, on 11 December 2016. According to some experts, the effect of the sunset clause was transforming China into a market economy and consequently, forcing other WTO Members to use Chinese prices or costs during their investigations. On the contrary, some other scholars believe that non-Chinese prices or costs may continue to be used, even though the specific paragraph that expressly granted such permission has already expired. This confrontation has not been resolved yet, since both trends of thought have offered explanations that render certain provisions in section 15 inutile. This article offers a solution to this problem. It proposes that the backbone of section 15 is a rebuttable presumption that China is a nonmarket economy (NME) and that this presumption subsists until today. The legal basis for this presumption is the language in section 15 of China’s Protocol that was not terminated by the sunset clause. This same language also allows the investigated exporters to rebut that presumption, forcing the investigating authority to calculate the normal value of the Chinese exports, based on Chinese prices or costs. However, if this presumption is not refuted, the investigating authority may rely on non-Chinese prices or costs, but only to the extent that it complies with the requirements mandated by Article VI of the General Agreement on Tariffs and Trade (the GATT) and the WTO Anti-Dumping Agreement (ADA). The persistence of the NME presumption plays a role in demonstrating compliance with those requirements. Nevertheless, since the language in section 15 that provided for such automatic authorization has already expired, the NME presumption does not automatically authorize the use of non-Chinese data, as it was the case before 11 December 2016.
The Role of Consumer Protection in the Relations Between Asia and the European Union
Authors: Kishore Pallavi 
Published: March 2022

This article examines the functioning of the European Union’s (EU’s) consumer protection law in an incident in which the EU banned Asian shrimps in order to protect its consumers and aims to answer the following questions:
1. Are the EU’s actions in compliance with its own law and the law of the World Trade Organization (WTO)?
2. What is the impact of these actions on international trade and on the EU’s trading partners especially if they are developing countries?
The most important consequence of this incident is its restrictive impact on international trade and/or the use of consumer protection as a tool for protectionism. In this particular incident, it does appear that the EU’s actions could have been held to have violated WTO law had the Asian developing countries brought a case against the EU. The article will conclude by examining the impact of the EU’s actions on its relations with Asia.
The Arbitrary Rejection of the Declared Value by the Customs Administration
Authors: Gupta Sonia 
Published: March 2022

Valuation disputes are on an upsurge in all jurisdictions, India being no different. The collection of customs duties is directly proportionate to the rate of Customs Duty and level of enforcement. To maximize collection of customs duties, customs authorities in all jurisdictions work with revenue bias while enforcing domestic laws, safeguarding national security, implementing effective controls and confirming to so called trade facilitation. The declared value in an import transaction is often rejected arbitrarily by customs officers relying on various risk assessment tools including national valuation data base under plea of contemporaneous imports at higher value without any objectivity and prudence.
International Customs Valuation Rules, Arbitrary rejection of transaction value, loading of declared value of imported goods, related party transactions, the Customs Act, 1962 and the Customs Valuation (Determination of Price of Imported Goods) Rules.
Peace and Prosperity: Israel’s Qualifying Industrial Zone Agreements with Jordan and Egypt
Authors: Rosenblatt Daniel 
Published: March 2022

After Israel and the US entered their free trade agreement in 1985, the parties realized that this FTA could be leveraged to support regional peace by fostering economic cooperation between Israel and its neighbours. The idea was to allow goods produced in certain industrial zones, which resulted in substantial economic cooperation between Israel and the other parties, as qualifying for preferential treatment under the Israel-US FTA. Ultimately, two Qualifying Industrial Zone (QIZ) agreements were signed: one between Israel, the US, and Jordan, and the second between Israel, the US, and Egypt. This article outlines the background and rules of these QIZ agreements within the larger framework of the Israel-US FTA.
Israel-US FTA, ‘Qualifying Industrial Zone’ agreements, QIZ, preferential treatment, joint supply chains, substantially transformed, direct processing costs, rules of origin of textiles and apparel, domestic content standards.
Do Rules of Origin Extend Disproportionate Trade Gains Under SAFTA: A Case Study of Bicycle and Textile Industries
Authors: Singh Surendar , Singh Ram 
Published: March 2022

Rules of Origin (RoO) have become an important area of policy attention in international trade negotiations due to their far-reaching trade and investment implications to member countries. The main function of RoO in free trade agreements (FTAs) is to set conditions so that goods produced within FTAs comply with the essential origin criterion to claim the benefits of preferential market access and to prevent the entry of goods from non- FTA partners. The rising cases of disproportionate trade benefits have compelled countries to review their RoO provisions under different trade agreements. Additionally, the disproportionate benefit of RoO under the South Asia Free Trade (SAFTA) has received considerable interest in the recent years. This article examines how RoO under the SAFTA is extending unwarranted trade benefit to Bangladesh and Sri Lanka in bicycle and textile and clothing industries. Findings backed by data analysis demonstrate that the entry of Chinese imports into the Indian market via Bangladesh and Sri Lanka is adversely affecting the domestic bicycle and garment industries. Options available to revamp RoO under the SAFTA are limited. This article concludes that reforming value addition criterion and including a ‘sourcing restrictions’ clause may prove effective to prevent the unjustifiable benefits of RoO.
RoO, regional value chains, trade policy, free trade agreements, trade agreements, SAFTA
A New Chapter in the European Court of Justice Gambling Saga: A Stacked Deck?
Authors: Mulder Jotte 
Published: March 2022

And I believed in my system … within a quarter of an hour I won 600 francs. This whetted my appetite. Suddenly I started to lose, couldn't control myself and lost everything. After that I … took my last money, and went to play … I was carried away by this unusual good fortune and I risked all 35 napoleons and lost them all. I had 6 napoleons left to pay the landlady and for the journey. In Geneva I pawned my watch. Whether or not consumers should be protected against their propensity for gambling addictions is a public policy decision that is left exclusively to the individual Member State. Case law of the Court of Justice of the European Union (CJEU) has developed 'high trust' principles that provide Member States wide discretion to determine what system of protection - if any - works best in their territory. However, if a Member States policy turns out to be inconsistent with its policy aims and restricts free movement, the Court is not scared to strike it down. The latest judgments in the gambling saga build upon sixteen years of case law. This article investigates whether Member States are by now dealt with a stacked deck of principles.
State Monopolies and the Free Movement of Goods in EU Law: Getting Beyond Obscure Clarity
Authors: Butler Graham 
Published: March 2022

The special provision relating to state monopolies of a commercial character within the EU’s internal market is nestled in the Treaties as the final provision regarding the free movement of goods. This special provision of Article 37 of the Treaty on the Functioning of the European Union (TFEU) is often overlooked, given it is seen to be of lesser significance than the general provisions on goods concerning quantitative restrictions and measures having equivalent effect contained in Articles 34– 36 TFEU. Whilst the case law on state monopolies in respect of goods is elaborate, it is still far from clear how state monopolies within the meaning of Article 37 TFEU are to be handled, as evident from the case law of the Court of Justice. The article analyses three arising issues. Firstly, it investigates the boundary between the special provision of Article 37 TFEU and the general provisions of Articles 34–36 TFEU; secondly, it critiques the public interest aim that was once read into Article 37 TFEU by the Court of Justice; and thirdly, it questions the discrimination reading of Article 37 TFEU, rather than a more elaborate restrictions reading. Conclusively, the article offers grounds for why the special provision of Article 37 TFEU ought to be repealed, which in turn, would provide for a more concerted and consistent approach by subjecting state monopolies to the general free movement of goods provisions of the EU Treaties.
State monopolies, Free movement of goods, State-owned enterprises, European Union law, Law of the internal market
Systematic advocacy: a guide to cross-examination in international arbitration
Authors: Weiss David , Burnett Harry 
Published: March 2022

ABSTRACT: One feature of most international arbitrations today, rooted largely in the common law, is cross-examination. The tactics used in a cross-examination in a particular domestic proceeding do not always work well in an international arbitral proceeding. Further, advocates with a background and training in a domestic legal system that does not utilize cross-examination may find themselves at a distinct disadvantage in an international arbitration. This article seeks to lay out a detailed approach to preparing and executing a cross-examination in an international arbitration. It is designed for advocates who do not have significant experience in cross-examination in international arbitration, or otherwise, especially advocates with a background and training in legal systems that do not have a tradition of cross-examination.
Treaty Interpretation in Investor-State Arbitration
Authors: Rodrigues Bruno Sousa 
Published: March 2022

This study examines the exercise of discretion by investor-state arbitral tribunals in treaty interpretation. It builds upon the premise that it is an illusion to pursue a single right answer to a given legal problem when the human experience is marked by an incomplete and fragmented perception of reality. Adjudication and legal interpretation, therefore, are not understood in this study as a matter of discovery or illumination, but as a matter of choice and persuasion over choices made. Even still, the exercise of hermeneutical discretion does not amount to a license for arbitrary behavior. There may not be one single correct reading of a treaty, but certainly not all interpretations of a treaty are possible. Notably, the semantic horizon of treaty interpreters is a finite one, as the methodology established by the Vienna Convention on the Law of Treaties (“VCLT”) constrains the hermeneutical choices open to interpreters. Article 31 lays out a general rule of treaty interpretation, while Article 32 provides supplementary means of interpretation that can be used either to validate an outcome reached through Article 31 or, in exceptional circumstances, to autonomously determine the meaning of a treaty. Within this framework, this study examines interpretative practices of investment-treaty arbitral tribunals in light of the interpretive regime established by the VCLT, exploring their conformity or non-conformity to that regime.
Investment Arbitration; Investor-State Dispute Settlement; Treaty interpretation; Discretion; Vienna Convention on the Law of Treaties; VCLT; Article 31, VCLT; Article 32, VCLT.
Evaluation of English Curriculum Reform for Undergraduates at a Public Sector University by using the CIPP Model
Authors: Sohail Memoona , Noreen Sumaira 
Published: March 2022

The purpose of this study was to evaluate the effectiveness of Curriculum of English (Revised 2012) proposed by the Higher Education Commission (HEC) of Pakistan for undergraduates. In this regard, it sought to evaluate the HEC’s English curriculum document, and also the design of English curriculum by the curriculum developer of a public sector university. It finally ventured to compare the curriculum document specifications with its contemplated design in order to identify strengths and weaknesses of the reform. The study used Daniel Stufflebeam’s Context, Input, process, and Product (CIPP) model as its framework for evaluation. The study is based mainly on qualitative design and the data is collected through analysis of the curriculum document and of the curriculum developer’s interview. The evaluation revealed many strengths of the curriculum; its goals were found to address students’ various language needs to develop their reading and writing skills, and their vocabulary and communication skills. The evaluation also revealed some inadequacies including a lack of focus on listening and speaking skills and teacher training. The findings indicated that though the curriculum reform was potentially sustainable and effective, the identified shortcomings could be addressed in future to obtain better outcomes from its implementation.
Keywords: Evaluation, document analysis, curriculum reform, CIPP model
La economía popular y solidaria y su aporte al crecimiento económico y desarrollo humano en Ecuador.
Authors: Malla Alvarado Franklin Yovani , Pardo Quezada Sergio Leonardo , Bejarano Copo Holger Fabrizzio , Herrera Peña Jonathan Neptali 
Published: March 2022

La investigación centra su análisis en las operaciones que ejecuta la Economía Popular y Solidaria EPS en Ecuador y su influencia en la calidad de vida de sus integrantes, la metodología se basa en una exploración a las bases de datos de organismos de control respectivo como la Superintendencia de Economía Popular y Solidaria SEPS; entre los principales resultados se puede destacar que el sector financiero de la EPS ha tenido una participación más activa en sectores rurales del país, así como que sus líneas de crédito están disponibles para todos los sectores sociales, sobre todo los catalogados como más olvidados por los gobiernos de turno.
The Reality of English Presentation Skills of English-majored Students in Vietnam
Authors: Pham Manh Tri , Nguyen Duong Nhu Quynh , Nguyen Thi Kim Chi , Nguyen Hoang Ngoc Mai , Hoang Tran Anh Tien , Pham Vu Phi Ho 
Published: March 2022

Presentation skills play an indispensable role in undergraduates’ education and developing their future careers because this skill assists college students in accomplishing a superior knowledge base and enhancing their public speaking. The study aims to measure English-majored students' reality at the Faculty of Foreign Languages of Van Lang University in Vietnam about speaking skills, especially presentation skills. The quantitative study has been carried out among 600 second-year, third-year, and four-year students at the Faculty of Foreign Languages of Van Lang University in Vietnam. The results of the research paper demonstrated that most students were not confident about their presentation skills because of making mistakes about vocabulary usage, grammar, fluency, and so on when giving presentations. EFL lecturers can consider the results to improve their teaching methods regarding speaking skills and find out more strategies to solve students' speaking challenges.
CORRELATION BETWEEN CLINICAL AND PATHOLOGIC FEATURES OF DIABETIC NEPHROPATHY
Authors: Thimachai Paramat , Suttitossatam Nichamon , Nata Naowanit , Supasyndh Ouppatham , Satirapoj Bancha 
Published: March 2022

Background: Diabetic nephropathy is the most common cause of end stage renal disease in Thailand. Renal biopsy remains the gold standard investigation to diagnose and classify diabetic nephropathy.
Objectives: In this study, we aimed to evaluate the correlation between clinical parameters and renal pathology classification among patients with type 2 diabetic and nephropathy.
Methods: We conducted an observational study and enrolled 63 patients undergoing renal biopsy between 1 January 2014 and 31 December 2018. Pathologic classification established by the Renal Pathology Society was used to assess the severity of histologic lesions in diabetic nephropathy. Clinical parameters including age, sex, duration, presence of diabetic retinopathy, blood urea nitrogen, creatinine, urine protein creatinine ratio, fasting plasma glucose and hemoglobin A1C were collected.
Results: At the time of biopsy, mean age was 50.25±11.46 years. Median duration of diabetes mellitus was 10 years with interquartile range (IQR) 3.75-12.00 years, mean serum creatinine was 2.44 ± 1.31 mg/dL and estimated glomerular filtration rate was 22.41±12.16 mL/min/1.73 m2. Based on the glomerular classification, 1 patient (1.6%) was in class I, 16 (25.3%) in class II, 25 (39.7%) in class III and 21 (33.3%) in class IV. Using multivariate analysis, class IV was associated with rising serum creatinine compared with class II [adjusted odds ratio (AOR)= 2.58; 95% CI= 1.13-5.89]. Patients with interstitial fibrosis and tubular atrophy (IFTA) <25%, 25-50% and >50% were observed in 10, 27 and 22 patients, respectively. Patients with IFTA >50% were significantly associated with duration of diabetes (OR=1.27; 95%CI=1.21-1.57), serum creatinine (OR=3.92; 95%CI=1.34-11.48) and urine protein (OR= 1.25; 95%CI=1.01-1.55) compared with patients with IFA<25%. Using multivariate analysis, only serum creatinine (AOR=3.48; 95%CI=1.23-12.65) was confirmed as independently correlated to IFTA >50% compared with IFTA <25%. A univariate analysis revealed no significant correlation between vascular indexes and renal function.
Conclusion: The results revealed that advanced glomerular lesions and high IFTA >50% correlated with impaired renal function in type 2 diabetic nephropathy
De strafvorderlijke normering van het geautomatiseerd overnemen van persoonsgegevens uit publiek toegankelijke bronnen met behulp van webcrawlers
Authors: Klaar R.J.A. 
Published: March 2022

De strafvorderlijke normering van het geautomatiseerd overnemen van persoonsgegevens uit publiek toegankelijke bronnen met behulp van webcrawlers.
In dit artikel staat de vraag centraal in hoeverre opsporingsautoriteiten op basis van de relevante gezichtspunten/factoren voor stelselmatigheid en bezien in het licht van de huidige technische mogelijkheden van een webcrawler de mate van inbreuk op de persoonlijke levenssfeer kunnen inschatten en de aard en ernst van die inbreuk zoveel mogelijk kunnen beperken.