bluuebunny/crossref_metadata_2025_split huggingface dataset:
Technology Transfer at the WTO: Old Promises and New Hopes of the Developing World
Authors: Vishnoi Apoorva Singh , Meena Rishabha 
Published: March 2022

While the subject of forced technology transfer has elicited sharp focus in recent years, similar attention has not been directed to the issue of voluntary technology transfer under the aegis of the WTO. Technology transfer was seen as a tool to enable development by both developing countries and least developed countries (LDCs). Article 66.2 of the TRIPS Agreement entrenched technology transfer to LDCs as a hard obligation for developed countries, but its imperfect implementation has caused concerns to LDCs. Developing countries, such as India, are not beneficiaries under Article 66.2, but they have pushed for a closer link between technology transfer and development issues through a variety of ways at the WTO. Due to COVID-19, the issue of technology transfer concerning health in the LDCs becomes more important. Against this background, this article analyses the experience of LDCs with the implementation of Article 66.2 and India’s experience in its push for further entrenchment of technology transfer obligations. This article specifically assess technology transfer by the US and the EU in light of COVID-19 vis-à-vis Article 66.2. The paper pays particular attention to the various roadblocks in the implementation of Article 66.2 and the solutions as proposed by LDCs themselves.
development, technology, technology transfer, TRIPS Agreement, sustainable development, health technology, developed country, Least Developed Country, developing country, Intellectual Property Rights, know-how, Article 66.2
Sustainable Development and Modern Customs: A Review on Customs Conventions of World Customs Organization
Authors: Taghvaee Vahid Mohamad , Sharifpour Yousef , Nikbeen Hossein , Yousefi Abdolaziz , Ahmadi Hoda , Soleymani Abdorreza , Rasoli Karim , Mohebi Maryam 
Published: March 2022

Members of the World Customs Organization (WCO) do not take up expectedly the customs conventions introduced by the Customs Cooperation Council (CCC). To attract more members, the main question of the study is within which scope, the future customs conventions or amendments thereon should fall. To answer the question, this study investigates the alignment of customs conventions with the goals and pillars of the WCO and the United Nations to discover those goals, ignored by the customs conventions. It investigates the gap between the scope of customs conventions on one hand, and the modern customs and sustainable development, on the other hand. Our findings show that the ignored scopes are: environment, health, and organizational development; and ‘Temporary Admission (Istanbul)’ is the most inclusive and highly-influential WCO convention. Therefore, the CCC is advised to adopt the global customs conventions on these fields, based on the patterning of the ‘Temporary Admission (Istanbul)’. It attracts more members to join the conventions and increases the contribution of the CCC to both the modern customs establishment and sustainable development in the world.
Trade law, Environment, EU law, Trade dispute, Arbitration, Dispute settlement, WTO, Export restrictions, Article XX, preferential trade agreement, timber
Psychological Contract: A New Dimension in Preventing Corrupt Behaviour in Customs
Authors: El Hail Si Mohamed , Zhalitov Arman 
Published: March 2022

The fight against corruption in the Customs environment is a major challenge for many countries. It is important to highlight the commendable efforts that have been made by Customs through the implementation of anti-corruption programmes. However, it is difficult to identify cases where these efforts have yielded a positive return on investment. This is partly because they are not sufficient to foster a process of organizational, cultural and behavioural change conducive to Customs integrity. As corruption ultimately results from decisions made by individuals, an understanding of human behaviour is of paramount importance. Behavioural insights that help us understand corruption and make integrity-promoting measures more effective should be applied in consultation with Customs practitioners in the development of workable anti-corruption strategies.
Through this article, we aim to explore a new approach (Although previous research studies have examined the effect of the psychological contract on promoting behavioural change in employees at work (e.g., Conway &amp; Briner, 2005; Coyle-Shapiro, 2002; Van de Ven, 2012; etc.), to the best of our knowledge, there has not been any research directly investigating the link between the psychological contract and corruption behaviour in the Customs working environment.) to corruption prevention from the perspective of the psychological contract as a cognitive concept, one that is measurable and that forms the foundations of the employment relationship. This can help to assess the ‘emotional distance’ between the employee and the employer in any given Customs administration, and can thus assist in analysing measures of the level of trust, reciprocity and integrity exhibited by Customs employees in relation to the organization.
This article aims to discuss the value of the concept of the psychological contract and, more specifically, the consequences of contract violation in understanding and combating the phenomenon of corruption in the Customs environment.
Behavioural insights, psychological contract, psychological contract violation, corruption in Customs, integrity in Customs
Dual-Use Regulation 2021/821: What’s Old & What’s New in EU Export Control
Authors: Vandenberghe Karolien 
Published: March 2022

Regulation 2021/821 of 20 May 2021, which sets up a European Union (EU) regime for the control of exports, brokering, technical assistance, transit, and transfer of dual-use items, enters into force on 9 September 2021. While the main features of the EU’s dual-use regime remain the same, Regulation 2021/821 introduces some novelties. Export control is extended to technical assistance. Member States are granted more options to use local controls applicable to non-listed items, particularly in the case of cyber-surveillance items being used for repression or serious human rights violations, and generally in the case of a Member State creating national controls. In addition to the new authorization for large projects, two new EU authorizations are created: the intra-group software authorization (EU007) and the encryption authorization (EU008). The role of an internal compliance program (ICP), now clearly defined, is strengthened: an ICP is a legal necessity for holders of general global export authorizations and for applicants of the intra-group export of software and technology authorization. Finally, administrative provisions are added to improve cooperation between customs authorities and dual-use authorities at the national level, as well as to improve the exchange of information among the Member States, including with regard to the coordination of enforcement, at EU level.
Dual-Use, EU Export Control, Regulation 428/2009, Regulation 2021/821
Assisting Developing and Least Developed Countries in Legal Aspects of WTO Negotiations: A Case Study of the Fisheries Subsidies Negotiations
Authors: Vidal-León Christian 
Published: March 2022

The Advisory Centre on WTO Law (ACWL) is an international organization charged with assisting developing countries and least developed countries (LDCs) in all legal aspects arising from the law of the World Trade Organization (WTO). Among its services, the ACWL provides, upon request, legal advice in WTO negotiations. The ACWL does not influence the political position of its Members or the LDCs. Rather, it confines itself to providing legal inputs that would enable its developing country Members and LDCs better to participate in WTO negotiations. In particular, the ACWL assists in drafting proposed legal provisions when a requesting government wishes to propose an idea. In addition, the ACWL conducts legal analyses of proposals tabled by other WTO Members in order to ascertain their potential legal effects were they to become part of the WTO covered agreements. In the context of the fisheries subsidies negotiations, the ACWL has made strides to become familiar with such areas as international law of the sea, fisheries law, and the legal aspects of sustainability and development in order to provide well informed legal advice to its developing country Members and the LDCs. Legal advice on the fisheries subsidies negotiations has, both qualitatively and quantitatively, become an important part of the ACWL’s work.
Legal advice, WTO negotiations, fisheries subsidies, fisheries management, treaty interpretation, ACWL, developing countries, least developed countries
EC-Chicken Cuts: How Developing Countries Obtained Increased Market Access Through Successful Recourse to WTO Dispute Settlement
Authors: Piérola Fernando , Valles Cherise 
Published: March 2022

Some developing countries have learned from experience that WTO dispute settlement is by no means an abstract exercise. Instead, the WTO dispute settlement process has produced tangible benefits in the form of enhanced market access for key developing country exports, thus contributing to a rise in standards of living in those countries. This article examines how in EC – Chicken Cuts, two developing country Members, Thailand and Brazil, were able to use the WTO dispute settlement mechanism to challenge successfully EU customs classification measures that adversely affected their market access for exports of chicken products. Following their victory at the WTO, Thailand and Brazil were able to gain increased market access for chicken exports to Europe. The dispute illustrates how developing countries can successfully use the rules-based system in the WTO to level the playing field with large, developed country Members.
Developing countries, WTO disputes, market access, ACWL, Thailand, chicken industry, rule of law, EC-Chicken Cuts
The Pending EU CBAM: Quo Vadis Switzerland?
Authors: Holzer Kateryna 
Published: March 2022

The intention of the EU to introduce a carbon border adjustment mechanism (CBAM) raises concerns among its trading partners fearing the loss of competitiveness in the EU market, should the measure apply to their exports. Switzerland, a major EU trading partner, has an advantage compared to many others: It has its own emissions trading scheme (ETS) in place, which due to the linking arrangements with the EU ETS results in the same carbon price for Swiss producers as for their EU counterparts. There seems therefore no need to adjust emissions costs at the border between the EU and Switzerland, and good chances for an exemption of Swiss exports from the pending EU CBAM. However, the exemption is unlikely to come without a condition: Switzerland would have to introduce its own CBAM to avoid the transshipment of other countries’ carbon-intensive products through the Swiss territory to the EU. The article discusses the main conditions and constraints for the design of an effective Swiss CBAM that would need to balance between achieving environmental and economic objectives, while also remaining acceptable from a practical, legal, and political perspective. In designing its CBAM, Switzerland could follow the EU model and adjust it accordingly depending on the reaction the EU measure will provoke among stakeholders. Statements and recommendations on a CBAM design made in the article hold true, for the most part, also for other third countries.
Carbon Border Adjustment, Emissions Trading, WTO Law, EU, Switzerland
The Trans-Pacific Strategic Economic Partnership Agreement: A Critical Analysis
Authors: Gao Henry 
Published: March 2022

When the Trans-Pacific Strategic Economic Partnership Agreement (TPP Agreement or P4 Agreement) was signed in 2005, it was hailed as a ‘high-standard’ agreement that could serve as a model for Free Trade Agreements (FTAs) within the Asia-Pacific region. This claim seems to have received support from recent events, such as the launch of the accession negotiation by the US and the expression of interests from a host of other countries.
This article provides a critical analysis on whether the TPP Agreement is a ‘high-standard’ agreement as its members have claimed. After comparing it with other FTAs, this article notes that the P4 Agreement does not distinguish itself among FTAs and has failed to provide higher market access concessions or stricter disciplines on protectionist policies. This is followed by a discussion on the possible factors that might explain the mismatch between the rhetoric and reality of the P4 Agreement. This article concludes by considering how the P4 Agreement could be re-engineered to fulfil its original expectations.
A Critical Look at the Prospects for Robust Rules for Services in Preferential Trading Agreements
Authors: VanDuzer J. Anthony 
Published: March 2022

The negotiation of market access commitments and rules for services trade faces a number of daunting challenges that are an inherent consequence of the fact that many barriers to services trade are embedded in domestic regulation. The result, so far, has been that international services commitments are relatively weak. The challenges to negotiating stronger commitments include convincing private sector interests that services commitments will benefit them and the difficulty of constructively engaging domestic regulators in negotiations, especially where they are associated with subordinate levels of government. To the extent that negotiating countries have close proximity in terms of geography, trade and investment relationships, common culture, language, and legal traditions, as well as similar regulatory goals and approaches, these challenges may be lessened. These factors are present to varying degrees among developed countries. In the current Canada-Europe negotiations, for example, the presence of significant export interests, long experience with trade negotiations, well-developed regulatory schemes, and a history of regulatory cooperation all support a relatively robust outcome in services commitments and rules. The role played by subordinate levels of government and regulators, however, as well as differences in approaches to the architecture of trade agreements will be challenges for the negotiators.
Collective Redress in the Field of EU Competition Law: The Need for an EU Remedy and the Impact of the Recent Commission Recommendation
Authors: Tzakas Dimitrios-Panagiotis L 
Published: March 2022

With regard to the introduction of uniform rules governing civil antitrust liability, the Commission recognizes that it would be very unlikely that consumers and purchasers with small claims will bring individual actions for the damages they have suffered. Therefore, attention is shifted to the ways in which these interests can be better protected especially by means of collective actions. These instruments can serve to consolidate a large number of smaller claims into one action, thereby saving time and money. The need for enabling national redress mechanisms in different areas where EU law grants rights to citizens and companies is underlined by the 2013 Recommendation. The main policy rationale focuses on ensuring a coherent horizontal approach without harmonizing - although indirectly interfering with - the Member States' systems. The article discusses the specificities of collective redress mechanisms for antitrust violations and focuses on the implications of the 2013 Recommendation.
Collective Redress in the Field of European Consumer Law
Authors: Benöhr Iris 
Published: March 2022

Collective redress procedures play an increasingly important role in the resolution of consumer to business disputes in Europe. With the enlargement of the European market and growing cross-border purchases, multiple consumers are more often harmed by the same illegal practice of a business. As a result, compensatory collective redress mechanisms have been established in certain Member States to facilitate consumer redress. At a more general level, the European Commission adopted a 2013 Recommendation on common principles for collective redress mechanisms in the Member States. This article analyses existing collective redress measures and examines the potential impact that the new Recommendation may have on consumer protection. It will be argued that while this new measure provides Member States with some guidance on how to establish collective redress procedures, its practical influence in improving effective dispute resolution for consumers may remain limited.
Legal Issues of Economic Disintegration: Government Procurement and BREXIT
Authors: Dawar Kamala 
Published: March 2022

This article examines some of the European Union (EU) and World Trade Organization (WTO) legal issues that emerge for the United Kingdom’s (UK) public procurement law and policies following Brexit. It analyses the consequences and sequencing of international negotiations that must now take place since the UK triggered Article 50(2) of the Treaty on the European Union (TEU). Once the UK revokes the European Communities Act 1972, it will no longer be obligated to follow either the Treaty on the Functioning of the European Union (TFEU) or the EU Procurement Directives. Nor will the UK be subject to the commitments the EU has signed up to on behalf of the UK in the WTO Government Procurement Agreement (GPA) and in its Regional Trade Agreements (RTAs). After examining the legal issues concerned with sequencing, the article moves on to assess the domestic, centrifugal forces that will also impact the UK’s public procurement law post-Brexit. Under the Devolution Settlement of 1998, the competence for public procurement was devolved down to the regions of Scotland, Northern Ireland, England and Wales. The article postulates that the legal issues of disintegration that have surfaced under Brexit could potentially fragment a coherent UK wide procurement policy, competition and value for money internally; as well as externally towards the WTO GPA, the EU and other regional procurement agreements. The article puts forward a competition approach to address some of the potentially negative consequences of Brexit undermining value for money, transparency and integration in the UK’s lucrative markets for government procurement. It concludes with the limited hope that the legal and economic issues and challenges resulting from the UK’s referendum on membership of the EU will be a salutatory lesson for all other nations.
Internal Market Acquis as a Tool in EU External Relations: From Integration to Disintegration
Authors: Öberg Marja-Liisa 
Published: March 2022

Brexit and the ensuing uncertainty about the United Kingdom’s (UK’s) future relationship with the European Union (EU) have brought the participation of non-EU Member States in the internal market to the centre of academic attention. The latter phenomenon is not novel and many of the existing frameworks for cooperation between the EU and its neighbourhood countries have been used as models for a possible post-Brexit arrangement. This article identifies the various roles played by the internal market acquis – both of integration and disintegration – in the EU’s relations with its neighbourhood by analysing the dynamics between the aims of various bilateral and multilateral instruments and the character and scope of the internal market acquis contained therein. The article argues that over time the function of the internal market acquis has evolved from providing a legal framework for the functioning of the internal market among the EU’s Member States to also integrating third countries into the Union’s sphere of influence beyond the accession process, and even membership. The internal market can thus no longer be regarded as an ‘internal’ and exclusive affair for the committed few that offers inspiration and limited access for third countries but rather as a dynamic and geographically inclusive form of collaboration between the Union and its periphery.
internal market acquis, EU external relations, neighbourhood policy, European Common Aviation Area, Energy Community, Transport Community, European Economic Area, Switzerland, AA/DCFTA, Brexit, integration, disintegration
Technology Transfer Contracts and the TRIPS: Interpreting High and Low Consensus Norms
Authors: Davies Arwel 
Published: March 2022

China’s rules and practices in relation to technology transfer have been of long-standing concern to its trading partners. These concerns are most strongly evident in the United States Trade Representative’s section 301 Report which foreshadowed the imposition of substantial increased tariffs on Chinese goods; a move which was quickly mirrored by China. This article subjects some of these concerns to legal scrutiny. Particular attention is given to China’s treatment of grantback clauses in technology transfer contracts which speak to the ownership of improvements made to \licensed technology. China’s outgoing and recently revised rules are evaluated under two questions. The first is whether China’s rules are discriminatory contrary to the Trade-Related Aspects of Intellectual Property Rights (TRIPS) national treatment obligation. The second is the extent to which states are free under the TRIPS to interfere with freedom of contract in technology transfer. The article identifies a shift as between the two questions from high consensus, to low consensus norms. While the prohibition on discrimination must be strictly interpreted and applied, other TRIPS provisions which touch upon the control of anti-competitive practices in technology licensing, do not remotely reflect a stable international consensus. Interpretations of these provisions should therefore seek to accommodate different approaches, rather than presume that they reflect and prioritize one approach to the exclusion of others.
technology transfer, technology licensing, grantback clauses, TRIPS, national treatment
Investment Screening in the Netherlands
Authors: de Kok Jochem 
Published: March 2022

Despite imperfections, the Dutch framework for investment screening could function as a model for more proportionate and clearer investment screening rules. From a procedural perspective, the Dutch framework illustrates that it is possible to establish objective thresholds in order to more specifically target certain companies or categories of companies. Substantively, the Dutch framework shows that the general test of ‘security’ can be narrowed down to more specific substantive criteria. Providing clearer procedural thresholds and substantive tests under investment screening regulations, both in the Netherlands and elsewhere, will help ensure that investments are only restricted or prohibited where genuinely necessary and proportionate in order to safeguard national security interests. The Commission and national authorities throughout the Union should therefore endeavour to establish clearer procedural thresholds and frameworks of assessment to ensure that only transactions that can reasonably pose a threat to security or public order are made subject to filing obligations and are assessed on the basis of more clearly defined substantive criteria.
investment screening, FDI screening, security screening, investment law, national security, proportionality, Chinese investments, Regulation 2019/452, investeringstoets, veiligheidstoets, ongewenste zeggenschap