bluuebunny/crossref_metadata_2025_split huggingface dataset:
Right Choice of DPU in Incoterms 2020
Authors: Kim Sang Man 
Published: March 2022

The International Chamber of Commerce (ICC), in 1936, first published Incoterms to establish commonly accepted definitions and rules concerning the delivery of goods between the seller and the buyer. ICC has periodically revised Incoterms to reflect changes in commercial practice. On 10 September 2019, ICC published Incoterms 2020, the eighth revision, which entered into force on 1 January 2020. In Incoterms 2020, DAT (Delivered at Terminal) was deleted, and DPU (Delivered at Place Unloaded) was newly introduced instead. DPU means that the seller delivers the goods to the buyer when the goods, once unloaded from the arriving menas of transport, are placed at the disposal of the buyer at the named place of destination (or at the agreed point within that place, if any such point is agreed). DPU is similiar to DAP (Delivered at Place) rather than to DAT. The only difference between DPU and DAP is that which party shall be responsible for unloading the goods from the arriving means of transport at the destination. Since it is DPU that was newly introduced in Incoterms 2020, we need to understand how to properly use DPU in international trade.
commercial practice, Delivered at Place Unloaded (DPU), delivery, delivery terms, Incoterms, Incoterms 2010, Incoterms 2020, international commercial terms, international trade, trade terms
Investment Court System Under EU Trade and Investment Agreements: Addressing Criticisms of ISDS and Creating New Challenges
Authors: Kim Jin Woo , Winnington-Ingram Lucy M. 
Published: March 2022

The Investment Court System (‘ICS’) included in the European Union (‘EU’)’s recent investment and trade agreements provides for the creation of a permanent first instance tribunal (‘First Instance Tribunal’) and an appellate tribunal (‘Appeal Tribunal’) drawn from a pre-selected roster of tribunal members. The ICS imposes mandatory transparency of proceedings, as well as a strict code of conduct applicable to all tribunal members. The ICS is expected to address several long-standing criticisms levied against investor-State dispute settlement (‘ISDS’). At the same time, the ICS raises new challenges that must be resolved for its effective operation. These must be addressed first and foremost by the EU and those pioneering trading partners who have so far committed to the ICS; only once resolved will the ICS gain traction with ISDS stakeholders.
EU Investment Court System, CETA, EU–Singapore Investment Protection Agreement, EU–Vietnam Investment Protection Agreement, EU–Mexico Global Agreement, enforcement of ICS awards, ICSID Convention, New York Convention, ISDS
Software and Customs Valuation
Authors: Schippers Martijn L. 
Published: March 2022

In this digitalized world, an increasing number of products do not function to the best of their ability if there is no (control) software installed on these products. Although it is commonly accepted that import duties are levied from goods, that is tangible property, there is still some debate about if and to what extent the value of software should be included in the customs value of imported goods. This debate has been revived in the EU after the Court’s decision in the BMW Bayerische Motorenwerke AG v. Hauptzollamt München-case. In this contribution the author analysis to what extent the value of software should be part of the customs value of imported goods.
Customs valuation, software, European Court of Justice, BEPS, DST
Animal Welfare in Trade Policy After the Covid-19 Pandemic: Another Set of learnings
Authors: Ghislain Stephanie 
Published: March 2022

In the midst of the Covid-19 pandemic, the EU has published a new trade strategy. Unfortunately, the text does not address the impact of trade on the root causes of pandemics. Considering such a question would have revealed another important omission in the EU trade strategy: the text does not address the interlinkages between trade and animal welfare. This Opinion considers how the EU should address animal welfare in trade policy in order to contribute to promote sustainable and resilient economies.
Animal Welfare, EU Trade Policy, Conditional Liberalization, process and production methods, sustainability, Covid-19
Strengthening the Enforcement of Customs Debt within the Institution of Customs Debt Security in the EU
Authors: Gwardzińska Ewa , Gwardzińska Żaneta 
Published: March 2022

This article examines the institution of customs debt security under the EU Customs Code and the closely related institution of customs debt, without which the former would not exist. The literature review carried out for this article has revealed a serious knowledge gap in this area. Based on the EU Customs Code. Three types of customs securities are presented, provided for in the EU Customs Code: mandatory (obligatory); non-mandatory (optional); not required (exemption), and applied forms of customs securities. The analysis is complemented by a discussion of the debtor’s responsibility for the debt arising by operation of law, focusing on the joint and several liability of customs debtors, which is predominant in economic turnover and constitutes a security mechanism for customs debt coverage. This mechanism on the one hand protects the EU budget and on the other hand, it guards the principle of fair competition on the EU market.
customs debt, customs debt security, customs guarantor, legal principles, administrative sanction, debtor’s liability, compulsory guarantee, optional guarantee
Patents vs. Trade? The Issue of Patent Rights Exhaustion
Authors: González Perini Federico 
Published: March 2022

The issue of exhaustion shows how patents and free trade can become in contradiction. While patents provide incentives for innovation, they stifle competition. Competition, in turn, improves affordability, but may stifle innovation. In the case of exhaustion, competition between official and parallel products may lower prices and increase users’ access but, at the same time, could deter firms from targeting innovation. The WTO Agreements are the most comprehensive attempt to deal with both intellectual property rights’ protection and free trade. However, the issue of exhaustion was left unsettled. Currently, Members have plenty of flexibility, but some common disciplines might become necessary in the long run, and will have to be agreed upon. Present flexibility leaves room for different possible approaches to exhaustion, with respect to both territorial scope and substantial disciplines. While the mere lawfulness of the first sale and the right holders’ intervention fail to provide the most appropriate solution in some special cases, the approach to exhaustion based on the right holders’ reward may deliver more accurate and balanced solutions.
Do Administrative Law Principles Apply to European Standardization: Agencification or Privatization?
Authors: Gnes Matteo 
Published: March 2022

What is the nature of European Standardization Organizations (ESOs) and of harmonized European standards? Are ESOs public or private bodies? Are harmonized standards established by such organizations an entrustment of public powers? Standards are the prescriptions of the best way of doing things, are typically set by private parties and remain of strictly voluntary application. Also European harmonized standards, although recognized by EU legislation, seem to have a private nature, as they are non-binding and emanate from the ESOs, which are private bodies. However, such standards are a necessary implementation measure which is strictly governed by the essential requirements defined by a directive, and are initiated, managed and monitored by the Commission. Moreover, subject to prior publication of their reference in theOfficial Journal, they have certain legal effects, such as giving rise to the presumption of conformity with the essential requirements established by the directive. As a consequence of the ‘public’ nature of harmonized European standardization deriving from the peculiar relationship between the ESOs and the Commission, and from the legal status and effects of harmonized standards, such standardization activities ought to follow certain procedures and to respect certain principles of administrative activity.
Promoting Green Energy Through EU Preferential Trade Agreements: Potential and Limitations
Authors: Espa Ilaria , Marín Durán Gracia 
Published: March 2022

This article aims at assessing the potential and limitations of preferential trade agreements (PTAs) in safeguarding countries’ efforts to promote renewable energy (RE). In particular, it explores whether and to what extent PTAs recently concluded by the European Union (EU) have addressed the main shortcomings found under the World Trade Organization (WTO) law. Namely, the fact that WTO rules are currently too stringent on the use of RE subsidies while too lenient on the use of trade remedy measures against RE technologies. It argues that EU PTAs could and should have gone further with regards to both subsidy and trade remedy disciplines that enable RE promotion, substantively as well procedurally, while still remaining WTO-compatible. The article further finds that much of the potential of EU PTAs has remained untapped due to inconsistency in policy practice, which reflects the lack of a coherent, ambitious and forward-looking negotiating strategy on the part of the EU. The article concludes by identifying which approach to RE promotion in PTAs is preferable and should be consistently pursued by the EU in future negotiations.
Climate change mitigation, renewable energy promotion, WTO law, green policy space, preferential trade agreements, EU
Unpacking the Concept of ‘Energy Security’: Lessons from Recent WTO Case Law
Authors: Marhold Anna-Alexandra 
Published: March 2022

‘Energy security’ is a crucial concept in international relations, as well as in international (economic) law. Although no international legal definition of this multi-layered notion exists, and the concept has been recognized as ‘vague’ in international relations literature, it remains a term that is used time and again by states when referring to measures taken in connection with safeguarding their national energy supply. This contribution identifies the various dimensions of the concept of energy security, after which it studies its role in international (economic) law and zooms in on the World Trade Organization (WTO). It critically assesses how the panel and Appellate Body (AB) have dealt with WTO Members’ arguments connected to energy security in two recent WTO disputes, India – Solar Cells and EU – Energy Package. The article demonstrates that while energy security concerns may be a valid basis for defending a Member’s measure, they will not hold if that measure is applied in a discriminatory manner. This may be problematic, as energy security concerns are frequently geo-political in nature and may be inherently discriminatory. The contribution also explains why ‘long-term energy security’ defenses are more likely to meet the threshold of the Article XIV(a) General Agreement on Trade in Services (GATS) public policy exception, rather than the ‘products in local short supply’ exception of Article XX(j) GATT.
Energy Security, ECT, IEA, OPEC, PTAs, WTO, dispute settlement, public policy exception, local short supply
‘Weed-ing’ Out Disproportionate Regulation: The Free Movement of CBD in the European Union Following the Kanavape Judgment
Authors: Nae Bogdan-Florin 
Published: March 2022

As cannabidiol’s (CBD) popularity has been increasing, multiple questions to as to its legal regime, including under European Union (EU) law, have been raised. In its preliminary ruling in the Kanavape case, the European Court of Justice, for the first time, clarifies that CBD falls under the free movement of goods provisions in primary EU law (Articles 34 and 36 Treaty on the Functioning of the European Union (TFEU)). This case note critically addresses the Court’s reasonsing, while putting the case in its broader legal and policy context.
Article 34 TFEU, Article 36 TFEU, cannabidiol (CBD), narcotic drugs, negative integration, UN drug conventions, Vienna Convention on the Law of Treaties
A conduta dos advogados e representantes de parte em geral na arbitragem internacional  as Diretrizes IBA para a Representação de Partes em Arbitragens Internacionais
Authors: Marques Ricardo Dalmaso , Bédard Julie 
Published: March 2022

RESUMO: O presente trabalho se propõe a expor e analisar brevemente as principais questões que frequentemente surgem no que diz respeito à conduta dos advogados na representação de partes em arbitragens internacionais, com foco nas Diretrizes IBA para a Representação de Partes em Arbitragens Internacionais (IBA Guidelines on Party Representation in International Arbitration), publicadas em 25 de maio de 2013. ABSTRACT: This paper aims to briefly address and analyze the main issues that regularly arise regarding counsel conduct in representation of parties in international arbitration, with focus on the released IBA Guidelines on Party Representation in International Arbitration, published on May 25, 2013.
Arbitragem e Tutela de Urgência: Confronto entre os Sistemas Brasileiro e Português
Authors: Leite Clarisse Frechiani Lara 
Published: March 2022

RESUMO: O artigo apresenta análise comparada da tutela de urgência na arbitragem doméstica no Brasil e em Portugal, à luz do Código de Processo Civil brasileiro de 2015 e da Lei da Arbitragem brasileira (Lei nº 9.307/1996, com alterações promovidas pela Lei nº 13.129/2015), bem como do Código de Processo Civil português de 2013 e da Lei de Arbitragem Voluntária portuguesa de 2011. ABSTRACT: This article presents a comparative analysis of interim mesures in Domestic Arbitration in Brazil and Portugal, in accordance to Brazilian Civil Procedure Code (2015), Brazilian Arbitration Law (Lex nº 9.307/1996, modified by Lex nº 13.129/2015), Portuguese Civil Procedure Code (2013) and Portuguese Voluntary Arbitration Law (2011).
A análise econômico-jurídica da arbitragem expedita
Authors: Arend Andréia Propp , Benetti Timm Luciano 
Published: March 2022

Expedited arbitration is an appropriate and private method of conflict resolution, with international origin. This method is progressively adopted in Brazil by virtue of legislative and regulatory permission, to resolve disputes of low complexity and low values involved. This study aims to analyze expedited arbitration from the perspective of the Law &amp; Economics, as a tool to verify transaction and opportunity costs in choosing the procedure to adopt. In the research was adopted the method of theoretical and deductive approach, using the method of documentary research procedure. For this purpose, bibliographic research, data collection and legislative and regulatory analysis were used. The research contributes to the identification of the procedure as a way of giving companies access to arbitration through an important cost-benefit relationship, depending on the quantity and quality of the information that the parties are willing to present to each other and to the arbitrator in a short time. As a result, it can be concluded that the economic-legal analysis of expedited arbitration can demonstrate that the expedited procedure presents itself as a transaction and opportunity cost reducer, bringing advantages to parties who need a speedy specialized judgment in cases of low complexity.
Expedited arbitration; transaction costs; opportunity costs.
Impact of Tourism on Pakistan Economy
Authors: Shehzadi Irum , Sandhu Muhammad Ejaz 
Published: March 2022

Tourism is a main and one of the biggest businesses in the world. Above the previous two eras, tourism has grown-up exponentially and is now measured to be one of the vital assets to raise economic development. The purpose of this study is to determine the impact of tourism on Pakistan economy. Tourism is one of the greatest essential features for the economy of different countries. Economic Impacts are usually seen as positive, contributing to employment, better services, and social stability. It is the additional main business in languages of individuals it employments. Tourism can play a vital role in the GDP of Pakistan. Pakistan is fortunate enough that it attracts almost all types of tourist national and international. Pakistan has long coastal belt, historical places, religious places, rivers, lakes, mountains etc.
Investigation of the key success factors of ventures incubated at IBA CED incubation center; An Empirical Study
Authors: Qureshi Shahid , Mustafa Abdullah , Talha Muhammad , Ahmed Azad , Amin Misbah 
Published: March 2022

Incubation is being used as a mechanism to promote entrepreneurship across the globe. The Pakistani universities have also followed this and are establishing incubation centers. However, the success rate is not very encouraging. The IBA incubation program is a unique form of incubation programs as it emphasizes more on the understanding of the entrepreneurial mindset and the effectuation theory before pursuing entrepreneurial journey. This paper describes the IBA incubation fellowship model and its practical application on new startups. The paper analyses the companies who were incubated and identifies the key success factors of these firms. This paper adds to the literature on incubation in Pakistan.
Análisis constitucional, administrativo, societario y penal frente a la transgresión de derechos y garantías derivados del estado de excepción, decretado por la emergencia sanitaria covid - 2019
Authors: Rengel Maldonado Paz Piedad , Macas Saritama Rolando Johnatan , Arrobo Rodríguez Paulo Cesar 
Published: March 2022

El presente trabajo pretende analizar fundamentadamente desde la observación, la problemática jurídica, constitucional, societaria, administrativa, penal y económica que atraviesa la sociedad ecuatoriana al decretar la Función Ejecutiva el estado de excepción a causa de la pandemia mundial por el COVID-19, lo que generó como resultado varios decretos ejecutivos y acuerdos ministeriales cuyas disposiciones vulneraron derechos y garantías constitucionales de la población ecuatoriana, y de manera particular a los servidores públicos, transgrediendo su seguridad jurídica, frente al derecho al trabajo, movilidad humana, salud y seguridad ciudadana, inobservando la supremacía y jerarquía constitucional, situación que motivó el estudio y análisis de las disposiciones Constitucional, Administrativo, Societario y Penal, con la finalidad de verificar si se transgredieron derechos y garantías de los ciudadanos, se atentó contra la seguridad jurídica de los mismos o si el estado brindó la protección debida de los derechos fundamentales a quienes por situaciones de pandemia requerían de dicha protección.
Frente a esta problemática, es necesario que el estado ecuatoriano, garantice la seguridad jurídica, protegiendo los derechos de la población que por fenómenos o desastres naturales se encuentren en riesgo, brindándoles seguridad y protección que les permita superar esta emergencia, protegiendo la vida, las fuentes de trabajo, la producción, la mano de obra y aplicando las disposiciones establecidas en nuestra legislación y de ser necesario emitir o reformar las leyes con la finalidad de evitar abusos de poder por falta de disposiciones legales.
Effect of Decomposed-Stone Dust on Properties of Concrete
Authors: Choosakul Chookiat , Yongsata Khwanchiwa , Monkaew Sunun 
Published: March 2022

TThe objective focused on the study of shrinkage behavior of concrete using Decomposed-Stone Dust to replace Portland cement type 1 in the ratio of 10, 15 , and 20 percent by weight of binder as well as designing compressive strength at 280 kg/cm2. Testing the formation time, shrinkage behavior, and compressive strength of concrete was compared with the concrete using Portland cement type 1. The study found that the concrete using Decomposed-Stone Dust was an increased formation period in accordance with the amount of replaced Decomposed-Stone Dust. Autogenous shrinkage, dry shrinkage, and compressive strength of concrete mixed with Decomposed-Stone Dust were less than control concrete. In all mixing ratios, the ratio of 20% replacement of Portland cement dust was the most suitable for this study. The initial formation time was 155 minutes. The final formation period was 305 minutes. The autogenous shrinkage was 312 microns, the dry shrinkage was 699 microns and compressive strength was 286 kg/cm2 respectively at age 28 days.
A SIR Model with Spatially Distributed Multiple Populations Interactions for Disease Dissemination
Authors: Marques J. C. , Cezaro A. De , Lazo M. J. 
Published: March 2022

In this contribution we analyze a discretized SIR (Susceptible, Infectious, and Removed) compartmental model, to investigate the role of individual interactions in the spread of diseases. The compartments S_{i, j}, I_{i,j} and R_{i, j} (i, j, = 1,2, ..., n) are spatially distributed in a two-dimensional n x n network. We assume that the dynamics follow the well-known SIR-like iteration within the population in each (i,j) site. Moreover, the dynamics are enriched by considering a multi-population interaction following a Gaussian spatial distribution. Therefore, the mobility of individuals between distinct networks is measured from the width alpha of the Gaussian distribution. The interaction of individuals between distinct sites, responsible for the contagion between different populations, is assumed to occur in a time interval smaller than a fixed interval $h$ so that, the total population in each site (i, j), given by N_{i, j} =S_{i, j} + I_{i, j} + R_{i, j}, remained constant (for example, individual leaves his home site (i, j) to work at a neighboring site and returns to his home in a time interval less than h ). We numerically explore some scenarios of population interaction, based on distinct choices of width alpha, that include a hypothetically rapidly closedness and reopening of the economy. The results found show interesting dynamics in the infected population due to the interaction parameter alpha(t) between the populations. Finally, the model can be applied to evaluate the spread of diseases such as COVID-19 enabling decision making in different contexts.
Strategi Komunikasi Politik Tim Pemenangan Ridho dalam Pemilihan Kepala Desa Tabilaa Periode 2021-2027
Authors: Moha Mohamad Ziat , Subhan Andi , Ratnasari Dwi 
Published: March 2022

Salah satu wujud demokrasi adalah pemilihan pemimpin, mulai dari calon presiden sampai pada calon kepala desa. Pelibatan tim pemenangan memengaruhi pemilihan calon pemimpin. Tim pemenangan perlu strategi komunikasi politik untuk memenangkan calonnya. Penelitian ini bertujuan untuk mengetahui strategi komunikasi politik tim pemenangan RIDHO dalam pemilihan kepala Desa Tabilaa periode 2021-2027. Penelitian menerapkan metode deskriptif kualitatif dengan pengumpulan data melalui observasi, wawancara dan dokumentasi untuk memahami fenomena-fenomena di lapangan. Hasil penelitian ini menunjukkan bahwa strategi komunikasi politik yang digunakan tim pemenangan RIDHO dalam pemilihan kepala Desa Tabilaa, ditemukan bahwa ada beberapa strategi komunikasi politik yaitu: (1) Retorika yang digunakan oleh RIDHO adalah dengan menyampaikan pesan secara langsung tentang Visi-Misi dalam membangun Desa Tabilaa; (2) Propaganda yang di maksud lebih mengarah pada cara untuk mengontrol isu-isu dan mempererat kebersamaan dan persatuan dalam tim karena tidak ada kemenenangan tanpa perjuangan; (3) Kampanye yang terdiri dari terbuka dan door to door dengan melakukan perencanaan yang matang, menyediakan komunikator, menyusun konsep kampanye 5W + 1H; dan (4) Penggunaan media massa melalui berita online. Penelitian ini menjadi bahan masukan untuk calon kepala desa dan tim pemenangan dalam menjalankan strategi komunikasi politik yang dilakukan dalam pemilihan kepala desa.