bluuebunny/crossref_metadata_2025_split huggingface dataset:
WTO Negotiations: The Unfinished Doha Development Agenda and the Emergence of New Topics
Authors: Dufour Genevieve , Pavot David 
Published: March 2022

This article focuses on the state of progress of negotiations at the World Trade Organization. Since 2001, WTO Members have been working towards the conclusion of the Doha Development Round. While negotiations have been stagnant for a long time, the arrival of Roberto Azevêdo has brought a new impetus to the discussions and led to the adoption of the Bali Package in 2013, making it possible to close the debates on about 10% of the subjects. Unfortunately, the post-Bali discussions were less positive since, although they produced interesting results in some areas, they did not produce satisfactory results on one of the most important multilateral trade issues, namely domestic support measures for agriculture. Even more problematically, the Nairobi ministerial noted a new difficulty, namely a lack of consensus on the very content of future negotiations. In this context, the ministers met in Buenos Aires in 2017 without a clear agenda. With an American administration not very inclined to multilateralism, and a group of countries ready to block any progress that is not favourable to developing countries, this Ministerial was a dead end. However, the Buenos Aires Ministerial was marked by the creation of three informal working groups. In parallel, many Members enthusiastically joined an initiative of the International Trade Centre on the empowerment of women in trade, suggesting that a new theme may have emerged at the WTO. The Nur-Soultan Ministerial Conference in June 2020 will determine whether Members are ready for a redefinition of the Negotiating Agenda.
WTO Ministerial Conference, Doha Round, Plurilateral initiatives, WTO à la carte, Negociation Agenda, Buenos Aires Ministerial Conference, Gender
Palm Oil for Fuels: WTO Rules and Environmental Protection
Authors: Limenta Michelle 
Published: March 2022

Biofuels are one of the renewable energy sources that present an alternative ‘clean’ energy to fossil fuels. However, their increased demand and use has led to concerns about their impacts on sustainability and climate change. Regulators worldwide attempt to regulate biofuels and their impacts in their domestic policies. In 2018, the European Union revised its original Renewable Energy Directive (RED) to integrate both sustainability criteria and the so-called indirect land use change (ILUC) for biofuels. The crux of the matter is that the EU Commission classified palm oil as the only biofuel feedstock crop with a high ILUC-risk. Consequently, it cannot be counted by the EU Members in attaining their specific targets of renewables transport and it will have to phased out by 2030. Palm oil is one of the most effective source materials used to produce biofuels, but the industry has attracted criticism as their activities are linked to widespread deforestation and the loss of biodiversity. As palm oil is not produced in the EU but imported, this policy measure is likely to have a significant impact on trade. This article seeks to analyse whether the ILUC policy as an environmental process and production method (PPM) measure with extraterritorial reach can be contested as breaching World Trade Organization (WTO) rules of non-discrimination under Article III of the General Agreement on Tariff and Trade (GATT), and whether the measure can be justified under the general exceptions in Article XX of the GATT.
palm oil, biofuels, indirect land-use change (ILUC), high ILUC-risk fuels, GATT, process and production method (PPM)
The Real Cost of Rules of Origin: A Business Perspective to Discipline Rules of Origin in a Post COVID-19 Scenario
Authors: Inama Stefano , Ghetti Pier Paolo 
Published: March 2022

In the day-to-day business life, rules of origin (RoO) are part of the cross-border routine and have to be administered in an efficient manner to facilitate customs clearance and not hinder trade. Toward this goal, addressing some of stigma over the cost of compliance with rules of origin can provide concrete support to trade policy makers and administrators for the introduction of reforms that could serve to stimulate world trade in the post Coronavirus disease 2019 (COVID 19) scenario. There is a real need to establish a public-private dialogue to simplify customs procedures related to rules of origin addressing the day-to-day hurdles that business is facing. It is hoped that the shock to world trade caused by the COVID 19 pandemic provides renewed energy to trade negotiations for drastic and pragmatic reforms towards convergence and simplification of rules of origin to support business, especially Small-Medium size enterprises (SMEs).
Rules of origin, compliance costs, customs procedures, certificate of origin, supplier declaration, exporter declaration, Proof of origin, accounting segregation, Revised Kyoto Convention, Third country invoicing, direct consignment, Product specific rules of origin (PSRO).
The Arbitration Panel Ruling on Ukraine’s Certain Wood Restrictions under the EU-UA Association Agreement
Authors: Makhinova Anzhela , Shulha Mariia 
Published: March 2022

On 11 December 2020, the first Arbitration panel ruling in the European Union’s (EU’s) trade dispute under a bilateral preferential trade agreement was issued. This dispute concerns Ukraine’s export restrictions on raw timber and sawn wood of ten specific wood species referred to in the relevant Ukrainian law as ‘rare and valuable species’ and all ‘unprocessed timber’ for a period of ten years. The Arbitration panel found a violation by Ukraine’s ten-year export restriction on all ‘unprocessed timber’ of Article 35 of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part (Association Agreement), while justified restriction on ‘rare and valuable species’ under Article XX(b) of the General Agreement on Tariffs and Trade 1994 (GATT 1994), as applied in Article 36 of the Association Agreement. This dispute was not only interesting as the first usage of the EU’s dispute settlement mechanism, but also because of the interpretation of the arbitration panel of ‘World Trade Organization (WTO)-extra’ obligation on the environment contained in the Association Agreement. The article reviews the case as well as analyses the EU’s claim and Ukraine’s defence.
Trade law, Environment, EU law, Trade dispute, Arbitration, Dispute settlement, WTO, Export restrictions, Article XX, preferential trade agreement, timber
Imported Products, Pesticides, and the Environment: The Compatibility of ‘Mirror Measures’ with WTO Rules
Authors: Baldon Clémentine , Braoudakis Nikos 
Published: March 2022

With the current focus being on major environmental changes, environmental measures impacting trade are expected to proliferate. Taking stock on case-law and scholarship work, this article takes the example of possible ‘mirror measures’ whereby the EU current prohibition to treat foodstuff with pesticides banned due to their adverse impacts on the environment would extend to imported products, suggesting that such measures could respect WTO law. It relies on the debate over production methods and extraterritoriality and argues that distinctions based on production methods according to their environmental impact may be admissible under the General Agreement on Tariffs and Trade (GATT).
Mirror Measures, WTO, GATT, Pesticides, Environment, Sustainable Development, Green Deal, Production Methods, Imported Products, Likeness, Article XX Exceptions, Extraterritoriality, Chapeau, Dispute Settlement Body, Public Morals, PPM
Cost Elements of Importing into Egypt: Understanding the Burden
Authors: Mahmoud Amr Feteha Hanafy 
Published: March 2022

Import costs substantially influence many aspects of import flows, such as who imports, what is imported, and from whom. They also impact the goods that are available to consumers and the prices paid. A study estimating the main costs borne by importers to comply with customs procedures in Egypt reveals that complying with customs procedures generates a burden on importers estimated to range from 457 to-7,962 USD; releasing the shipment from the customs authority takes Six–seventeen days. Moreover, importers may pay storage fees for one–twelve days and demurrage fees for one–ten days. These outcomes illustrate the inefficiencies and unnecessary costs borne by importers, and the recommendations offer solutions for policymakers to facilitate optimal policy planning.
customs procedures, trade facilitation, non-tariff measures, customs clearance, shipment releasing
Extending International Legal Aid from Trade to Investment: An Advisory Centre on International Investment Law
Authors: Ortino Federico , Sauvant Karl P. 
Published: March 2022

Several mechanisms at the international level provide legal aid to lower-income States to strengthen ‘access to justice’ and ‘equality among States’, whether through direct financial support or institutional legal assistance. After reviewing the concept of international legal aid, this article makes the case for the creation of an Advisory Centre on International Investment Law (ACIIL) to provide support to respondent States involved in disputes brought by private investors based on international investment treaties and other instruments, as part of investor-State dispute settlement (ISDS). The increasing costs, complexity and number of investor-State arbitrations has strengthened the need for an international legal aid mechanism in this area, to put under-resourced developing countries in a better position to have affordable access to justice and defend themselves adequately in international investment disputes. This would level the playing field, strengthen the confidence of governments in a reformed investment regime and thereby enhance its legitimacy. Drawing on the experience of the Advisory Centre on WTO Law (ACWL), the article discusses the rationale, key features and current policy challenges of an Advisory Centre on International Investment Law.
Advisory Centre on WTO Law, Advisory Centre on International Investment Law, international legal aid, access to justice, investor-state disputes, international investment law, multinational enterprises
The European Union’s Proposed Carbon-Border Adjustment and Its Impact on Trade With Africa
Authors: Gergondet Edouard 
Published: March 2022

On 11 December 2019, the European Commission officially presented its proposed carbon border adjustment mechanism (CBAM), which seeks to address carbon leakage by putting a price on carbon-intense imports into the European Union (EU). In essence, importers in targeted sectors (cement, electricity, fertilizers, iron, steel and aluminium) would be required to monitor and declare greenhouse gases (GHG) emissions embedded in products coming from outside the EU so as to purchase and surrender each year ‘certificates’ offsetting such emissions. Such a carbon border adjustment, to the extent it only covers specific sectors, at least in its initial phase, would not equally affect African countries. Trade with most of the continent would – in general – not be subject to such an adjustment. However, specific industries, primarily in Northern and Southern Africa, including in least developed countries, would shoulder the pain associated with such an adjustment, both in terms of costs and risks of trade diversion. Africa has little contributed to the situation which the EU seeks to tackle by putting a price on carbon globally. In order to mitigate the impact on Africa, specific tools should be considered, including outright exclusions, reinforced cooperation towards decarbonization and partnerships building on existing trade agreements.
Africa, Algeria, Egypt, Libya, Morocco, Tunisia, Mozambique, South Africa, Zimbabwe, Trade, Environment, Energy, Carbon Leakage, Carbon Border Adjustment, Border Adjustment, European Union
The Role of Trade Facilitation and Other Policy Strategies in the Successful Implementation of AfCFTA
Authors: Attia Sayed 
Published: March 2022

The purpose of this research paper is to discuss the importance of trade facilitation in the successful implementation of the African Continental Free Trade Area (AfCFTA). The AfCFTA brings a great potential to African economies by creating a single market with the elimination of tariffs and non-tariffs barriers (‘NTBs’); providing a push for the development of industrial capacities; encouraging the emergence of continental value chains; contributing to promoting intra-African trade; creating jobs; and ensuring economic transformation and prosperity in Africa.
However, this potential requires a trade environment featured with simplified and harmonized trade border procedures for the smooth movement of goods among African countries. The importance of trade facilitation for the successful implementation of the AfCFTA emerges from the fact that it will work as a panacea for intra-Africa trade ills of increasing trade costs arising from NTBs; inefficient transportation; weak logistics infrastructure; cumbersome regulatory procedures; lengthy customs processes; and incoherent business documentation, thereby placing Africa at a competitively disadvantaged position.
The paper concludes that trade facilitation has a crucial role in maximizing the benefits of the AfCFTA. Furthermore, it recommends that the existence of wide productive capacity and diversified manufactured products that can be exchanged regionally, continentally and internationally through a flexible trade facilitation environment, should be supported to galvanize the outcomes of the AfCFTA.
AfCFTA, Trade Facilitation, Boosting Intra-African trade, Empowered Private Sector, Industrialization, Sustainable Economic Growth, TBT, SPS, NTB
OFAC Sanctions Trends Under the New Biden Administration
Authors: Clark Deanna , Jeffery Alexander 
Published: March 2022

Though dramatically different in terms of style and rhetoric on how to best lead the country, it remains to be seen how different United States trade policy between the current and former administration, and in particular President Biden’s use of Executive Orders to implement sanctions, will be used in shaping the global priorities of the United States. This article highlights the top countries facing the Department of Treasury’s Office of Foreign Assets Control (OFAC) activity under the new Presidency and what direct, and indirect, messages reveal themselves through these first actions by the Biden Administration.
OFAC, Designations, Sanctions, Biden Administration, China, Burma, Saudi Arabia, Iran, Drug-Trafficking, Democracy
Trade Conflicts: Whither the WTO?
Authors: Bronckers Marco 
Published: March 2022

The WTO is in a state of crisis. Yet its problems did not start with the Trump Administration. And although this has been the focus of much criticism from the United States, the Appellate Body should not be the priority in reforming the WTO. More differentiation amongst its members and its rules is needed, to reflect varying levels of development. In addition, more room for plurilaterals ought to be created. China’s atypical economic model ought to be reconciled with the WTO’s market-orientation. This can be done through an update of its Protocol of Accession to the WTO, or perhaps through a newly conceived plurilateral agreement. Such a bridging mechanism would reflect a renewed engagement of China with the WTO, and could help to recommit the United States to a rules-based system. The EU should take initiatives to make this happen.
Appellate Body, China, Developing countries, Dispute settlement, EU trade policy, Made in 2025, Non-market economy, Plurilaterals, Protocol of Accession to the WTO, Special and Differential Treatment, State capitalism, State-owned enterprises, US trade policy, WTO-crisis
La Conception Francaise de LArbitrage International  Reflexions au Sujet des Arrets Putrabali, Cass. Civ. 1, 29 Juin 2007
Authors: Weiller Laura 
Published: March 2022

RESUME: La conception autonomiste de l'arbitrage international mise en oeuvre par la Cour de cassation française a trouvé un point d'aboutissement avec les arrêts Putrabali rendus du 29 juin 2007. Une justification positive a en effet pour la première fois été apportée au principe d'autonomie de la sentence arbitrale, "décision de justice internationale" dont la reconnaissance et la régularité ont en conséquence vocation à être examinées au regard des règles applicables dans le pays où sa reconnaissance et son exécution sont demandées. Le traitement de l'inconciliabilité de décisions pouvant résulter de la consécration de cette autonomie de la sentence interna­tionale est assuré par le recours au mécanisme de l'autorité de chose jugée "fonctionnalisé" à cet effet, mais le fondement de la loyauté procédurale pourrait aussi, selon certains, être efficacement utilisé.
O poder público e a arbitragem após a reforma da Lei nº 9.307/1996
Authors: Hatanaka Alex S. 
Published: March 2022

RESUMO: Recentes modificações introduzidas na Lei de Arbitragem Brasileira reduziram significativamente a controvérsia em torno da submissão à arbitragem de disputas envolvendo a Administração Pública. O presente estudo analisa os desafios que remanescem após tal reforma, os contornos da arbitrabilidade objetiva de tais litígios, o requisito de publicidade da arbitragem e outros aspectos processuais relacionados ao tema. Por fim, busca-se identificar as vantagens, desvantagens e fatores a serem considerados no manejo da arbitragem envolvendo a Administração Pública. ABSTRACT: Recent changes to the Brazilian Arbitration Act have materially reduced the controversy surrounding the submission to arbitration of disputes involving the Public Administration. This study analyzes the challenges that remain after such changes, the limits of the objective arbitrability of such disputes, the requirement of publicity of the arbitration and other procedural aspects of the matter at hand. Finally, it seeks to identify the advantages, disadvantages and other considerations to be factored into when resorting to arbitration in disputes involving the Public Administration.
A Arguição de Ilegalidade na Arbitragem Investidor-Estado: Construindo a Argumentação Jurídica Que Permita o Exame da Conduta do Investidor
Authors: Ribeiro Gustavo Ferreira , da Silva Ana Rachel Freitas 
Published: March 2022

RESUMO: Tradicionalmente, os tratados de investimento não contêm obrigações para investidores estrangeiros. Porém, quando demandados a indenizar investidores em arbitragem investor-Estado, os Estados têm invocado a necessidade de cumprimento de suas leis, na denominada arguição de ilegalidade. A argumentação, uma vez acatada, permite que tribunais examinem a conduta do investidor. Referida argumentação pode ser articulada a partir de um requerimento explícito, quando existente, no tratado, o que excluiria da competência do tribunal investimentos realizados em desacordo com as leis do Estado anfitrião. Complementarmente, e ainda pouco exploradas na literatura, as ilegalidades cometidas pelos investidores também configuram violações a princípios gerais de Direito, como a boa-fé e as mãos limpas. Como se propõe neste artigo, são, assim, possíveis de serem invocadas, independentemente da existência de um requerimento explícito de legalidade. Por meio de pesquisa teórico-jurisprudencial, apontam-se os caminhos da construção desta argumentação, indicando-se, ainda, que novos modelos de tratados oferecem uma terceira via à arguição de ilegalidade, ao prever obrigações endereçadas aos investidores. ABSTRACT: Traditionally, investment treaties do not contain obligations for foreign investors. However, when demanded to compensate investors in investor-State arbitration, States have been arguing the need that investors comply with the host State law through the so-called plea of illegality. The argumentation, once upheld, allow courts to assess the behavior of the investor. The concerned argumentation can be articulated based on an explicit requirement, whenever available, in a treaty, which would exclude from the court jurisdiction an investment not established in accordance with the host State laws. Additionally and barely developed in the literature, investors illegal behavior also violates general principles of law, like good faith and clean hands. As this paper suggest, these illegalities can be invoked regardless of the existence of an explicit requirement of legality. Based on doctrine and case law research, this article shows the ways to construct this argumentation and points out that new treaty models offer a new perspective regarding the plea of illegality, while establishing direct obligations for investors. SUMÁRIO: Introdução; 1 Direitos e obrigações dos investidores estrangeiros: a obrigação de respeitar as leis do país anfitrião; 2 Arguição de ilegalidade: exigindo a obrigação de respeitar as leis do país anfitrião; 2.1 Objeto da arguição de ilegalidade; 2.2 Arguição de ilegalidade articulada a partir do requerimento de legalidade contido nos tratados; 2.3 Arguição de ilegalidade articulada a partir de princípios gerais de Direito; 3 Novos modelos: imposição de obrigações de compliance diretamente aos investidores estrangeiros; Conclusão.
Arbitragem no Estado do Rio de Janeiro: breves comentários ao Decreto nº 46.245, de 19 de fevereiro de 2018
Authors: Machado Fabiana Morais Braga 
Published: March 2022

RESUMO: Comentários ao Decreto Estadual nº 46.245/2018, que regulamenta a adoção da arbitragem no âmbito da Administração Pública do Estado do Rio de Janeiro. ABSTRACT: Notes on State Act nº 46.425/2018, which regulates arbitration within the Public Administration at State of Rio de Janeiro. SUMÁRIO: Apresentação; Capítulo I – Das Disposições Preliminares; Capítulo II – Da Convenção de Arbitragem; Capítulo III – Do Procedimento; Capítulo IV – Dos Prazos; Capítulo V – Dos Árbitros; Capítulo VI – Da Publicidade; Capítulo VII – Do Cadastramento do Órgão Arbitral Institucional; Capítulo VIII – Da Sentença Arbitral; Capítulo IX – Das Atribuições da Procuradoria-Geral do Estado; Capítulo X – Das Disposições Finais e Transitórias; À guisa de conclusão.
Arbitragem, Competência Internacional Exclusiva e homologação de sentença arbitral estrangeira que verse sobre bens imóveis situados no Brasil
Authors: Monteiro André Luis 
Published: March 2022

RESUMO: Este artigo analisa a possibilidade de homologação de sentenças arbitrais estrangeiras tratando sobre direitos relativos a bens imóveis localizados no Brasil. Trata-se de questão especialmente relevante dada a competência internacional exclusiva da autoridade judiciária brasileira nessa matéria. ABSTRACT: This article analyses the possibility of recognising foreign arbitral awards that deal with rights related to real estate properties located in Brazil. This issue is especially important given the exclusive jurisdiction of the Brazilian courts on this matter.