bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Solace of the Residuary Category: The Need to Change an Age-Old Classification Regime in India
Authors: Srivastava Garima , Indrajit Siddhant 
Published: March 2022

In a dynamic technological environment where the world has become a global market, India follows the age-old classification regime for the purposes of imports and exports. The issue came to light with a recent trade notice issued by the Directorate General of Foreign Trade raising concerns over the recurring classification of goods in the residuary entry, ‘others’. Against this backdrop, it is timely to explore the reasons cited by importers for resorting to the residuary category, and the arising negative repercussions. This requires consideration of the scheme of classification under the Customs Tariff Act, 1975, the principles enumerated in international texts on classification, and the object of the scheme of classification. We also provide suggestions and strategies for importers as well as the Government to tackle the menace of misclassification under the residuary entry.
Technological advancement, Harmonized System of Classification, HS Codes, eight-digit classification, residuary entry, Trade Notice, misclassification, India, Directorate General of Foreign Trade, import restrictions
DSU Article 25 Appeal Arbitration: A Viable Interim Alternative to the WTO Appellate Body?
Authors: Li Xiaoling 
Published: March 2022

Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) Article 25 appeal arbitration scheme was first proposed by legal practitioners in 2017 to provide an alternative avenue of appeal in case the Appellate Body is non-operational. This scheme was subsequently accepted by the EU with some modifications. On 27 March 2020, sixteen Members agreed on the Multi-party Interim Appeal Arbitration Agreement Pursuant to Article 25 of the DSU (the MPIA), which has been notified to the WTO with five more participating Members in April 2020. The majority of Members have not yet decided. This begs the question of whether DSU Article 25 appeal arbitration will be a viable interim alternative to the Appellate Body. This article expounds on various potential models of Article 25 appeal arbitration, including the MPIA, from three parameters (legitimacy, compatibility and temporality), and concludes that constrained by DSU Article 25 and the whole WTO dispute settlement framework, the viability of DSU Article 25 appeal arbitration is rather dubious. The Appellate Body-model (and the MPIA) seems more viable than other models, but it is not without potential problems. To avoid the risk of long-term application of appeal arbitration and the fragmentation of WTO jurisprudence, Members should continue to prioritize negotiations to restore the Appellate Body.
appeal arbitration, the Appellate Body, arbitrator selection process, reappointment, independence of adjudicators, member control, precedent, conflicts of interest, MPIA, WTO
India’s Response to Increases in Imports from Countries Subject to Preferential Tariffs Under FTAs: Bilateral Safeguard Investigations?
Authors: Gupta Dhruv , Mansatta Bhargav 
Published: March 2022

India has entered into several Free Trade Agreements (FTAs) that provide for the possibility of imposition of bilateral safeguard measures when increase in imports causes injury to the domestic industry in India. The bilateral safeguard measure can be in the form of temporary suspension of further reduction or withdrawal of tariff preferences; some also contain provisions relating to preliminary safeguard duty, transition period, duration of safeguard measure, liberalization of safeguard duty, among others. Provisional bilateral safeguard measures were imposed in case of Refined Palm Oil from Malaysia and in case of Phthalic Anhydride &amp; Polybutadiene Rubber from Korea. Bilateral safeguard measures are an effective tool in protecting the domestic industry from a sudden increase in imports, and also help in reversing trade deficits.
Free Trade Agreements, India, Bilateral Safeguards, ASEAN, Korea, Malaysia, trade deficit, imports, customs duty, Rules, investigation
What Is Economic Globalization Without Trans-boundary Migration?
Authors: Herbert Eti Best , Olalere Fasilat Abimbola 
Published: March 2022

The world is often regarded as a global village or borderless globe where various countries freely interconnect and interrelate towards achieving a global goal. Globalization has occasioned international cooperation amongst States through the formation of several treaties and international organizations with economic objectives. This article evaluates the law and attitude of States and International organizations towards economically motivated trans-boundary migration. Particular reference is made to World Trade Organization(WTO), European Union(EU), African Union (AU), Economic Community of West African States (ECOWAS) and North American Free Trade Association(NAFTA). Findings reveal that the legal and institutional frameworks in support of trans-boundary economic migration are very weak, thereby allowing States’ interest to prevail over the globalization objectives. State practices are geared towards placement of several obstacles, such as imposing criminal sanctions, which limits trans-boundary economic migration. This prejudice is more obvious when the trade in service is a South-North movement of labour. These challenges have led to the irresistible conclusion that economic globalization is but a political fiction yet to take root in reality. It is further contended that, the puzzle of economic globalization cannot be completely fixed, except States fully embrace, accepte and liberalize the missing piece of trans-boundary migration.
Globalization, Trans-boundary migration, Economic migration, South-North movement, Trade liberalization.
Trading Through a Pandemic: The Singaporean Experience
Authors: Gao Henry , G Chainani Dhiraj , Siu Farn Chew 
Published: March 2022

Being a small country with one of the highest trade-to-GDP ratios in the world, Singapore faced seemingly insurmountable challenges at the onset of the Coronavirus disease 2019 (COVID-19) pandemic. As countries around the world scrambled to fight the pandemic, they imposed restrictions on exports and imports, suspended international transportation of both goods and people, and invoked emergency power and exceptions to justify their actions. All these presented unprecedented challenges to Singapore, a country which relies on international trade not only for its prosperity but also for survival.
This article discusses how Singapore tries to meet these challenges through various initiatives to diversify its sources of supply, ensure trade of essential goods, and minimize the interruptions to business travel. The Singapore experience provides an invaluable case study on how trade agreements can be used not just to regulate trade, but also to facilitate trade, a lesson that will be useful for all countries as the world embark on the road to recovery.
export restrictions, essential goods, general exception, stockpiling, movement of people, COVID-19, pandemic, GATT, GATS, WTO
WTO Appellate Body Without Legitimacy?: The Criticism of the Dispute Settlement System and the Response of the WTO Member States
Authors: Altemöller Frank 
Published: March 2022

Is there any practical value to international agreements without enforcement instruments? And can the multilateral rules of the world trade system hold the trust of the Member States, so that they continue to adhere to the mutual benefits and obligations under WTO law – even if the WTO dispute settlement system is totally or even partially incapacitated?
One of the key achievements of the Uruguay Round was that the Member States provided the world trade system with a dispute settlement system. However, this is increasingly being challenged: last December, the USA continued to withhold its consent for the required replacement of vacant positions, thus rendering the WTO Appellate Body indefinitely unable to carry out its function. The report by the US Trade Representative seeks to justify this with a central statement claiming that the Appellate Body lacks legitimacy.
This article discusses the different viewpoints on the future shape of WTO dispute settlement. The author argues that the causes of the ‘blockade’ in WTO dispute settlement are not, as some parties maintain, deficiencies in the dispute settlement system and its practice. Rather, the ‘blockade’ should be viewed as the result of causes outside of the dispute settlement process itself. In a radically changed political and trade environment, an increasingly important view is becoming established, according to which the current world trade system, with its multilateral liberalization concept, is less and less able to satisfy significant economic interests of important Member States. Consequently, the WTO is receiving ever diminishing support – but is there any sign that changing the multilateral framework will allow it to adapt to the changing conditions?
World Trade System, Multilateralism, Appellate Body, Dispute Settlement, US Trade Representative, Blockade, Dispute Settlement Body, Rules and Procedures Governing the Settlement of Disputes, China, Emerging Countries, Belt and Road Initiative, Biden-Presidency, WTO Security Exceptions,
Compliance Pitfalls in Communications with the Russian Customs: Overview of Anti-corruption Regulations and Enforcement Trends
Authors: Alekseyev Maxim , Ostroukhov Boris , Dorozhkin Vladislav 
Published: March 2022

Interactions with Russian customs authorities may be associated with corruption-related risks that need to be observed and managed from the outset should a company consider engaging in the import operations through the Russian border. This article focuses on reviewing the Russian legal framework, statistics and the enforcement practice concerning the most widespread corruption offenses related to the interactions with the customs officials, as well as the recent developments in anti-corruption customs legislation. It covers the legal foundation of the anti-corruption regime in Russia and analyses its basic institutions for the best understanding of the applicable legal mechanisms. The article also contains recommendations for international companies, regardless of their legal presence in Russia, how to manage their relations with Russian partners and local subsidiaries to minimize the risks of unnecessary attention from the Russian customs authorities, as well as Russian and foreign enforcement authorities specializing on the corruption-related matters. These recommendations include, among others, the adoption and control of compliance policies by nonlocal supervisors and maintaining relations with the Russian customs authorities by joining the Charter of the Bona Fide Participants of the Foreign Trade.
Offense, Prosecution, Compliance, Corruption, Anti-Corruption, Bribery, Officials, Prohibition, Review of Legislation, Customs, Criminal Liability, Administrative Liability, Federal Customs Service of the Russian Federation, Russia
Ascertaining the Burden of Proof in the Prosecution of Smuggling of Goods in Nigeria from Comparative Perspective
Authors: Olorunfemi John Funsho , Ndubuisi Anya Sylvester , Omale Godwin Musa 
Published: March 2022

The prosecution of smuggling of goods is bedeviled with procedural difficulties to prove the guilt of the accused beyond reasonable doubt and so, does not follow the usual procedures of criminal justice. This article focuses on determining whether the reversal of the burden of proof, which is common to most customs laws, offends the general notion of presumption of innocence of the accused. The paper adopts a comparative analysis of relevant statutes and case law. It finds that statutes which impose the burden of proof on the accused in certain circumstances are valid but misapplied by the courts in Nigeria. Given the peculiar nature of smuggling, it is not difficult to appreciate the rationale for placing the burden on the accused to prove certain facts especially those within his peculiar knowledge. This will however not justify the misapplication of such provisions that reverse the burden of proof as was the case in Board of Customs and Excise v Ibrahim Barau. The paper recommends a judicial rethink that will ensure the proper application of section 190 of the Nigerian CEMA whenever the opportunity presents itself.
Prosecution, Smuggling of Goods, Strict Liability Offences, Mental Fault, Intermediate Offences, Absolute Prohibition, Presumption of Innocence, Reversed Burden of Proof, Customs and Excise Laws, Nigeria
In Defence of the WTO: Why Do We Need a Multilateral Trading System?
Authors: Zhou Weihuan 
Published: March 2022

For more than seven decades, the multilateral trading system has played an essential role in promoting international cooperation on trade policymaking and dispute resolution. As theWTOis being pushed toward the verge of irrelevance, it falls upon us, who believe in the utility of the WTO and multilateralism in general, to defend its legitimacy and significance. Taking theoretical and doctrinal approaches as well as case studies, this article expounds on the fundamental function of the system as being to discipline the use of protectionist policy instruments for trade or non-trade objectives and draws on the significance of the Theory of Distortions and Welfare in providing powerful economic guidance for how the system may operate to achieve a proper balance between the regulation of protectionist instruments and the preservation of policy space. Furthermore, this article shows how the WTO’s dispute settlement mechanism, particularly the Appellate Body, has served the underlying function of the system by contributing to disincentivizing governments from responding to protectionist demands of special interest groups but leaving sufficient latitude of discretion for governments to accommodate nontrade interests. This article cautions that if theWTOdoes collapse and potential adverse economic and political ramifications materialize, then the political need for international trade cooperation and rulesbased dispute resolution will quickly return. By then, the best way to address that need in pursuit of long-term peace and prosperity would be to rebuild a multilateral trading system.
WTO, Trade War, Protectionism, Multilateral trading system, Non-trade values, Dispute Settlement, Appellate Body, Economic efficiency.
Corporate Social Responsibility and Economic Globalization: Mainstreaming Sustainable Development Goals into the AfCFTA Discourse
Authors: Amodu Nojeem 
Published: March 2022

There is a widely held belief that a borderless global economy brings numerous advantages including economic growth, development and welfare maximization. Globalization equally drives (and is driven by the activities of) large corporations involved in cross border operations. While corporate social responsibility (CSR) is a tool with which integrated developed economies ensure corporate behaviours remain within public interest confines, the regional integration agenda in Africa appears focused on liberalization of trade and investment at all costs. This article examines CSR in regional integration discourse, especially within the European Union, extracting important lessons for the African Continental Free Trade Area (AfCFTA). It unifies the ultimate agenda of both CSR and African regionalism in achieving sustainable development. Advising against misconstruing CSR as an unnecessary trade barrier, the article demonstrates why and how CSR values can be mainstreamed into AfCFTA discourse towards ensuring inclusive growth in Africa and improving the global competitiveness of domestic businesses.
AfCFTA, Africa, CSR, Corporate Responsibility, Regional Integration, Sustainable Development Goals, Trade Liberalization.
A Arbitragem como Modo de Inserção de Normas da Lex Mercatoria na Ordem Estatal
Authors: Strenger Irineu 
Published: March 2022

However, the term most frequently used in a generic sense, whether to promote the concept or to criticize it, is lex mercatoria. At the risk of adding to the confusion, and with little hope of being able to impose definitive meanings for each expression, we shall simply give the meaning attributed to each of those expressions as used hereafter. Indeed, the terminological debate is only important in so far as it facilitates discussion, on a substantive level, of the way in which the various concepts fit together. To denote rules other than those of a given jurisdiction, we shall use the generic expression lex mercatoria. The expression appears essentially in academic writing, and it covers not only transnational rules (which can only be described negatively as all rules which do not originate exclusively from a particular national legal system), but also international trade usages (meaning the practices usually followed in a particular trade). In general, we prefer the term "transnational rules" to "a-national rules" because such rules derive from the convergence of the main legal systems from which they are drawn. It is therefore counterintuitive to suggest that they have no link with national legal orders. Transnational rules in turn embrace two separate concepts: first, rules which are common to several legal systems, determined on the basis of the tronc commun method; and second, general principles of international trade law. Unitermos: arbitragem, lex mercatoria, comércio internacional.
Adequação da Arbitragem aos Litígios Envolvendo o Poder Público
Authors: Carnaúba César Augusto Martins 
Published: March 2022

RESUMO: Visa o presente artigo a estudar as possibilidades de utilização da arbitragem para solução de conflitos com a Administração Pública. Para tanto, propõe-se um exame de adequação da via arbitral aos conflitos do Poder Público, como método de trabalho apto a subsidiar a escolha pela instauração da arbitragem. ABSTRACT: This article intends to study the possibilities of using arbitration to remedy conflicts with the Public Administration. Therefore, it is proposed an examination of the suitability of the arbitration route to the conflicts of the Public Sector, as a working method able to support the choice for the introduction of arbitration. SUMÁRIO: Introdução; 1 Premissa: a instrumentalidade metodológica; 2 Exame matricial de adequação da via arbitral; 3 Custas e custo-benefício da arbitragem; Conclusão.
Igualdade das partes no direito de escolha dos árbitros e a complexidade do seu exercício
Authors: Barrocas Manuel Pereira 
Published: March 2022

RESUMO: O artigo tem por tema a escolha de árbitros pelas partes, não apenas quanto ao direito de seleção e nomeação, mas também, sobretudo, sobre a obrigação e a responsabilidade das partes de proceder a uma seleção e nomeação corretas de árbitros quanto à sua independência, imparcialidade e outros atributos essenciais. ABSTRACT: The Article deals with the choice of arbitrators by the parties, not only in which concern the parties’ right to select and nominate arbitrators, but also on the parties’ obligation and liability to do a correct selection and nomination as to independence and impartiality as well as other essential features of arbitrators.
A desconsideração na arbitragem? O consentimento atrás do véu
Authors: Xavier Rafael Branco 
Published: March 2022

The purpose of this article is to discuss the possibility of the application of the disregard doctrine in arbitration. The intent is to answer two questions regarding the application of art. 50 of the Brazilian Civil Code in arbitral proceedings. The first, whether the doctrine could be used to bound a third party which had not consented to the arbitration clause. The second, whether the disregard doctrine could be applied by the arbitrators when ruling on substantive issues of the dispute. The conclusion is negative to the first, as the consent is essential to the enforceability of the arbitration process, in light of art. 3 and 4 of the Brazilian Arbitration Act, and positive to the second, because the disregard doctrine contemplates a rule of liability determination that is applicable when the abuse of legal entity occurs. In sum, Brazilian Law does not admit the abuse of the legal entity as a criterion to make the arbitral process binding, as the analysis about the consent cannot be mixed with the requirements of the disregard doctrine.
Disregard doctrine; Civil Code, art. 50; criteria; liability determination; party and third-party; consent; Brazilian Arbitration Act, arts. 3 and 4.
Numerical Analysis and Approximate Travelling Wave Solutions for a Higher Order Internal Wave System
Authors: Lesinhovski W. C. , Ruiz de Zárate A. 
Published: March 2022

In this work we focus on the numerical solution of a higher order bidirectional nonlinear model of Boussinesq type involving a nonlocal operator. Based on a von Neumann stability analysis for the linearized problem, an efficient and stable scheme for the nonlinear system is proposed. Our method is based on a numerical scheme known from the literature that solves satisfactorily a lower order linear system. Additionally, approximate periodic travelling wave solutions profiles for the higher order nonlinear system are presented. Such approximate travelling wave solutions are obtained from a solitary wave family of solutions for the Intermediate Long Wave (ILW) equation and the regularized Intermediate Long Wave (rILW) equation.
De vordering tot koopprijsvermindering
Authors: Rijsterborgh A.J. 
Published: March 2022

De vordering tot koopprijsvermindering
Anders dan het consumentenrecht kent het algemene contractenrecht geen vordering tot koopprijsvermindering als zelfstandige actie. Gedeeltelijke ontbinding en aanpassing van de overeenkomst ex art. 6:230 lid 2 BW kunnen wel tot koopprijsvermindering leiden. Daar waar dwaling en non-conformiteit voor de koper naast elkaar bestaan, kan hij in beginsel vrijelijk tussen voornoemde grondslagen kiezen om een koopprijsvermindering te bewerkstelligen. De auteur betoogt waarom art. 6:230 lid 2 BW in die gevallen de natuurlijke thuishaven zou moeten zijn.
Autoconceito e aprendizagem
Authors: Gerhardt Cláudio 
Published: March 2022

O presente artigo tem como objetivo contribuir com as reflexões acerca da relação entre a formação do autoconceito dos alunos com o seu processo de aprendizagem. As principais ideias aqui expostas são resultado de uma pesquisa bibliográfica e descritiva, fundamentada no pensamento de teóricos clássicos e contemporâneos que abordam o tema da relação da formação do autoconceito dos alunos com a aprendizagem. Os resultados do estudo mostraram que a família e a escola exercem influência no desenvolvimento do autoconceito da criança, fazendo com que essa construção ocorra de forma positiva e faça diferença no seu processo de aprendizagem. Neste trabalho, buscou-se reunir o maior número de informações que pudessem contribuir para explicar as relações que ocorrem entre esses dois processos. Quanto ao suporte teórico, os principais autores que serviram de base para a realização da pesquisa foram: Miras (2004), Palácios (2004), Hidalgo (1995), Marocco (2008) e Briggs (2006).