bluuebunny/crossref_metadata_2025_split huggingface dataset:
Empowerment and ‘Big Personal Data’: From Portability to Personal Agency
Authors: Anciaux Nicolas , Zolynski Célia , Chaudat Sébastien , Ladjel Riad 
Published: March 2022

The place of individuals and the control of their data have emerged as central issues in the European data protection regulation. The 'empowerment' of the individual has notably resulted in the recognition of a new prerogative for the individual: the right to the portability of personal data. The corollary of this new right is the design and deployment of technical platforms, commonly known as Personal Cloud, Personal Server or PIMS, allowing the individual to consolidate all his or her data in a single system managed under his or her control. On the strength of these technical and legal innovations, several questions arise: what forms of empowerment are targeted in practice? What are the appropriate conditions to guarantee the objective pursued? At the crossroads of these questions, one dimension appears to be insufficiently exploited: that of 'agentivity'. This article transposes this notion from the social sciences to the management of personal data, and opens up a new reading of the empowerment measures of Big Data functionalities on personal data.
Personal Data, Portability Right, GDPR, Data Governance Act, PIMS, PDMS, Personal Agency, Mutual Trust
Ten Years of Anti-dumping in the EU: Economic and Political Targeting
Authors: Davis Lucy 
Published: March 2022

Anti-dumping is at the heart of EU trade policy. Its use is justified on the grounds of eliminating injurious dumping by foreign firms and reestablishing conditions of ‘fair’ trade. Use of anti-dumping has been rising globally, generating concerns about the potential for protectionist abuse of this trade defence instrument (TDI). Most economists are of the opinion that anti-dumping has little to do with ‘unfair’ trade. In general, suspicions are high that domestic industries are turning to anti-dumping as a form of protectionism, and that the EU’s current anti-dumping laws support their efforts. This article takes an in-depth look at the past ten years of anti-dumping usage in the EU. The analysis draws on information from the 332 anti-dumping cases initiated between 1998 and 31 December 2008.
Five empirical tendencies have been identified:
(1) the main targets of investigations and measures are exporters in emerging markets, particularly in Asia – a growing source of global competition;
(2) targeted products are concentrated in sectors where European comparative advantage is declining, that is, raw materials, industrial input goods, and textiles;
(3) dumping margins reflect this pattern, being particularly high in the chemicals and steel sectors;
(4) duty levels are significantly higher than bound tariffs, particularly in the higher end technology sector;
(5) once an anti-dumping investigation has been initiated, definitive measures are the most likely outcome.
The EU Ban on Seal Products: Some Customs and WTO Open Questions
Authors: Gambardella Maurizio 
Published: March 2022

The recent adoption by the EU of a regulation as to the ban of seal products has left unsolved a number of legal issues; namely, in the areas of (1) EU customs law and (2) the WTO law.
As to the EU customs law, for example, the regulation lacks provisions as to the administration of the customs procedures. For example, the transit regime is undefined in the regulation. Thus, the legitimacy of the transit of seal products is still uncertain and open to several interpretations by national authorities. The way transit as to the seal products regime will be managed, this will inevitably affect other sectors of trade. In addition, the regulation lacks as well clear rules for the implementation of a harmonized custom penalty regime. How this is implemented will determine whether it is consistent with the general principles of EU law. These and other legal issues will affect directly or ‘de relato’ a great number of trading sectors, which are involved in the seal products trade, because as changes are made to create harmony with EU law, other sectors will inevitably be affected.
Further, with reference to the World Trade Organization (WTO) law, in late 2009, Canada and Norway have brought a complaint against the regulation, claiming the inconsistency of the latter in the light of the WTO law. The pending litigation, which is mainly about environmental issues, may reach a new striking interpretation of several WTO principles, for example, as to the general exemption under Article XX(b) of the General Agreement on Tariffs and Trade (GATT) 1994 and, in general, as to Article XX of the GATT 1994. Indeed, in the previous few case laws involving animals health issue, such as US-Shrimp, such general exemption under Article XX(b) was not analysed by the Appellate Body. Therefore, this seal product litigation could instead push WTO jurisprudence ahead on the interpretation of Article XX(b) and the consistency of the measures in the light of the chapeau of Article XX of the GATT 1994. It goes without saying that the interpretation that the WTO judicature will possibly make over these issues will constitute a case law, which will be invoked in many future WTO litigation.
Caught in the Crosshairs: CBP Enforcement of Antidumping and Countervailing Duty Orders
Authors: Parga Cylinda , Pike Damon V. 
Published: March 2022

Given the myriad of government regulations governing the import of merchandise into the United States, many companies are struggling to keep 'ahead of the curve' and effectively identify the 'landed cost' of imported merchandise so that planned profit margins turn into actual ones. Although regular US Customs duties may often be a small part of that calculation (or even not a part at all because many products are duty-free), another 'hidden' cost can be antidumping and countervailing duties. This article examines that issue and why importers need to focus on this increasingly important financial aspect of trade compliance and cost planning. US Customs and Border Protection (CBP or Customs) has identified the enforcement of Antidumping and Countervailing Duties (AD/CVD) as one of eight Priority Trade Issues (PTI) to receive heightened scrutiny from the agency and its personnel in 2013. CBP's designation of AD/CVD duties as a PTI indicates that CBP believes the area presents a high risk of significant revenue loss - a key concern for the agency given its current focus on 'protecting the revenue'. Pursuant to this designation, CBP has been vigorously investigating importations of goods suspected to be covered by current AD/CVD orders in an effort to ensure maximum compliance by US importers and to collect AD/CVD on covered products. CBP's enforcement efforts present a significant compliance risk for importers which have not enacted any AD/CVD controls beyond relying solely on their customs broker to flag potential AD/CVD imports. Importers - in coordination with their in-house trade compliance professionals and/or outside advisors - should implement a robust AD/CVD compliance regime to monitor and flag the presence of any potential AD/CVD obligations prior to importing goods into the United States. Failure to do so can have catastrophic consequences for uninformed importers; if not previously accrued for, the draconian nature of some AD/CVD rates, when combined with potential penalties for failing to report such rates, presents many importers with insurmountable duty liabilities.
Revisiting the Conflict Minerals Rule
Authors: Melin Yves , Brackett Alex , Levin Estelle 
Published: March 2022

Companies listed in the U.S. are required by Section 1502 of the Dodd-Frank Act to report whether they manufacture products that incorporate socalled conflict minerals (defined as gold, tin, tungsten and tantalum coming from the Democratic Republic of Congo and its neighboring countries). The first part of this article reviews the conflict minerals rules of Dodd-Frank, and assesses their impact. In the authors' view, Dodd-Frank has failed to achieve its objective to reduce the financing of armed conflicts in Eastern Congo through the illegal trade in minerals, and has created a de facto embargo against minerals mined responsibly in the region. The European Commission proposed in March 2014 conflict minerals rules for the EU. The second part of this article summarizes the proposed Regulation (and the impact assessment report and studies underpinning it), compares the EU proposal with the U.S.'s Dodd-Frank, and critically reviews it in view of its stated objective. In the authors' opinion, the EU proposal helps improve the ability of operators to perform due diligence of their supply chain. But it does not contain any meaningful incentive meant to foster the responsible sourcing of minerals from conflict areas. If adopted as such, the proposed EU rules are likely to result in the same embargo as the one Dodd-Frank created, but for the EU this time, and for potentially a lot more countries than the African countries targeted by Dodd-Frank.
Leadership and Management Development: Meeting the Challenges of Economic Integration
Authors: Altemöller Frank 
Published: March 2022

There is currently a lively discussion underway over free trade agreements, including examples such as the Transatlantic Trade and Investment Partnership (TTIP) between the US and the EU or the agreements within the framework of the European Neighbourhood Policy. Each of the parties is faced with high demands in the negotiations. These are concerned with the enforcement of important ‘national interests’ and the preservation of state sovereignty, with the environment and consumer protection, with broad scale social issues and finally, with ‘fair and just solutions’ for those involved. However, there is an entirely different issue, which is much less in the public eye. This concerns what happens after the agreements have been negotiated and then adopted in the Member States. Ultimately, the success of economic integration agreements is dependant not only on their substantive content. An equally important question concerns the actual willingness of the parties, and how successful they will be in taking on and integrating the relevant provisions into their legal, economic and administrative practice. The challenge of implementation was inadequately taken into account in the past. In the current debate, it is gradually gaining the position of importance it actually deserves. The author will argue that economic integration requires processes of change. This calls for a complex knowledge management system, in particular for the development of leadership and management. Corresponding approaches are presented in this article and then illustrated with relevant examples.
Pakistans Trade Performance in Two Decades of the WTO Regime: Implications for the Future
Authors: Bhaur Mehnaz 
Published: March 2022

In the Financial Year 2014–2015, which marks the completion of two decades of the WTO trading arrangements, Pakistan registered the highest ever trade deficit of USD 22.95 billion. Mehnaz Bhaur conducts a trend analysis and finds out that the country’s trade deficit is a systemic issue characterized by a gradually widening trade gap, which has undergone a further decline in the previous year. If this trend is not managed, Pakistan’s economy will undergo a downward spiral marked by low exports, high imports, low productivity, decline in growth, lack of investment, increased debt, and extreme poverty. The situation can be compounded by the evolving demographic realities with the population projected to double in thirty-five years, resulting in a large unemployed youth presenting a potential risk of conflict in the country. Where some benefits of trade liberalization have been registered; those are not substantial to offset the challenges presented by the rising import bill and sluggishness of the economy. Pakistan needs to adopt a comprehensive set of policy actions concentrating on creating a stable macroeconomic framework, devising a credible business-friendly environment and developing skilled youth to be able to realize the promises of trade liberalization linked with sustainable growth outcomes.
International Investment Law, Trade in Services and Customs: Legislative Strategies for States Hosting International Competitive Events
Authors: Truby Jon 
Published: March 2022

Any nation hosting a mega sports event faces an onerous and pressing legislative task with an inflexible deadline to introduce or amend essential legislation in order to accommodate the many demands of the event. The requirements of international investors and the laws governing trade in services all need due consideration prior to the execution of such an event. Never before have the demands of legislative reform been more pressing than on the State of Qatar in its mammoth efforts to host the 2022 FIFA World Cup QatarTM, with a 2017 deadline to do so. The demands on a host nation to enact adequate Enabling Legislation adequate to deliver a mega sporting event are so significant and require such accuracy that before even considering what type of legislation should be passed, lawmakers must strategize as to their method of enacting wide-ranging, reformist and potentially contentious legislation. In the context of the FIFA World Cup Qatar and other mega sporting events, this article evaluates the variety of possible legislative strategies for enacting the legal reforms required to host such an event. It does this by considering how previous tournament hosts, including South Africa, Russia and Brazil have undertaken this, as well as how London managed with the Olympic games. It then considers how best these laws can be passed to include also laws that would leave a positive legacy for the host nation. Finally it considers how the use of emergency legislation could have a detrimental affect on the host nation, and warns against overruling certain constitutional freedoms and rights.
The Practical Implications of AEO on Preferential Origin Certification
Authors: Erfan Sherif 
Published: March 2022

Authorized Economic Operator (AEO) programmes have become a core part in providing trade facilitation benefits to the trustworthy firms while applying different eligibility criteria and providing non-standardized benefits paralyze customs work and doesn’t help for establishing regional networks of mutual recognition agreements that are very crucial to serve for a better supply chain security. On the other hand, AEO programmes should provide standard tiers of measurable benefits that should be extended to include waivers for origin certification and origin proving procedures that would provide certified firms with a competitive edge. Meanwhile, AEO programmes should be embedded into Free Trade Agreements (FTAs) for insuring more streamlined schemes like approved exporters programmes.
EU Border Carbon Adjustment and the WTO: Hand in Hand Towards Tackling Climate Change
Authors: Dias Anna , Seeuws Stéphanie , Nosowicz Agnieszka 
Published: March 2022

The new EU leadership has set ambitious goals for reducing global CO2 emissions through, among others, the implementation of a border carbon adjustment (BCA). The adoption of a BCA by the EU will be controversial, internally and externally, and likely to be challenged before the WTO. It is therefore key to ensure that this mechanism is structured carefully, so as to ensure its consistency with WTO rules. This article focuses specifically on the WTO provisions that would affect the design of a BCA. Although many aspects remain speculative, as existing case law provides little clarity on how WTO rules might be interpreted regarding BCAs, some general prescriptions for a WTO-compatible EU BCA can be identified. In the eventuality that the BCA would be found to be inconsistent with the EU’s substantive obligations under the GATT, exceptions are provided by the WTO which could justify any potential conflict with GATT provisions.
Border carbon adjustment, WTO, Article XX GATT, climate change, non-discrimination principle
Brazilian Path to Trade Facilitation
Authors: Rodrigues Daniela Menon 
Published: March 2022

Brazil has been known as a challenging country for multinational and national enterprises interested in either importing into Brazil or exporting from it. Even though it represents a highly attractive consumer market, the political, economic, administrative and regulatory environment make Brazil a risky business partner. From Trade Policy to Customs procedures, structural and legal changes are shaping the future for international trade as a whole. This article explores, through data collection and its corresponding analysis, progress made towards implementing trade facilitation and liberalization measures as well as those still in need for further attention.
Receita Federal, Mercosur, Brazil, liberalization, facilitation, AEO, ATA Carnet, Ex-Tariff, Ruling, Consultation.
Rules of Origin in Brazil
Authors: Balassiano Andrea Weiss 
Published: March 2022

The article compiles essential information regarding the Rules of Origin provided in the trade agreements to which Brazil is a party, including the Free Trade Agreement (FTA)’s signed by Mercosur.
The focus is to point out the differences in the preferential Rules of origin provided in the different trade agreements signed by Brazil and Mercosur, especially in relation to the value-added requirement when imported inputs from non-state parties are used to manufacture a finished product.
Rules of origin, preferential rules of origin, non-preferential rules of origin, Brazil, Certificates of Origin
Importers: Improve Origin Data Quality to Reduce Origin Liability
Authors: Staples Brian Rankin 
Published: March 2022

This article presents the institutional framework of preferential and non-preferential certificate of origin in Colombia. Special emphasis is made in the process of verification, the sanctioning regime and the common errors that Companies incur, also describing some current trends of the Authority to disregard the Proof of Origin.
Preferential Origin, Suspension of Preferential Tariff Treatment, Verification, Free Trade Agreement, Sanctions and Penalties, Authorized Exporter, Transshipment, Non-preferential origin, Proof of Origin.
Italian Customs Penalties: Between Risks, Paradoxes, with Reform in Sight
Authors: Fruscione Alessandro 
Published: March 2022

Customs criminal and administrative penalties in Italy are considered in the light of the general principles set out in the European Union Treaties and the rulings of the European Court of Justice. The Italian regulatory framework, found mainly in Presidential Decree no. 43/1973, including the Consolidated Act on Customs Laws, in addition to appearing at odds with the basic criteria of proportionality of penalties, is notable – following the decriminalization of numerous cases that in the past constituted a criminal matter – for a paradoxical tendency, that is to punish, in some cases, crimes due to simply negligent conduct in a more serious way than malicious behaviour. Probably due to the apparent need to modify a series of obsolete and unclear regulations, in 2019 the Italian legislative body delegated the Government to draft new national customs regulations, including those pertaining to penalties.
This paper also examines the tools available to economic operators to minimize any sanctions and knowingly manage customs activities in Italy.
Penalties, Customs, Italian, Proportionality, Smuggling, European, Code, Decriminalization, Declaration, Repentance
Incoterms, VAT and Customs: International Trade of Tangible Goods
Authors: Sousa Gabriela Loureiro de 
Published: March 2022

Three important topics in international trade warrant periodic clarification to increase awareness on three relevant topics relevant to international trade in goods: International Commercial Terms (‘Incoterms rules’), Value Added Tax (‘VAT’) and Customs. Some or all are often disregarded or, even if considered, their relevance is underestimated, just as with the potential impact of VAT and Customs obligations; an important context for trade, therefore, includes risks assumed by the seller and the buyer, which result from the Incoterms rules agreed to by the parties.
Incoterms, VAT and Customs, ‘Delivered Duty Paid’ (DDP) and ‘Ex Works’ (EXW)
COVID-19 and International Trade: The Role of the WTO in Fighting the Pandemic and Building Back Better
Authors: Marceau Gabrielle , Parwani Pramiti 
Published: March 2022

The COVID-19 pandemic has presented one of the most significant global challenges in recent times. Movement restrictions to contain the spread of the virus led to supply-chain disruptions and shortage of essential products and services in many parts of the world. Many countries responded with trade restrictive measures to safeguard supply of essential goods for their population. However, this was also accompanied with a growing realization that global challenges require global solutions. The WTO provided a forum for international cooperation, allowing Members to coordinate their trade policies, and discuss further steps needed to fight against the pandemic. Now, with several vaccine candidates having been approved for use, the most pressing challenge is to ensure equitable and speedy access to vaccines. The WTO has an important role in this, from ensuring that trade actions are not used to pose a barrier to affordable and good-quality vaccines, to increasing vaccine production capacities in developing countries, and strengthening vaccine supply chains for quick delivery even in remote locations.
WTO, Covid-19, multilateral cooperation, notification, transparency, (regional) cooperation, vaccines, supply chains, sustainable trade and building-backbetter
A Review of Trade Policies and Measures Relevant to Trade in Plastics and Plastic Pollution
Authors: Sugathan Mahesh , Birkbeck Carolyn Deere , Steenblik Ronald , Eugui David Vivas 
Published: March 2022

This article presents a first scholarly review of the trade policies and measures applied to trade in plastics, including those relevant to plastic pollution. It reviews existing tariff policies applied to plastics (section 1) and non-tariff measures applied to plastics (section 2). Section 3 provides a synopsis of environment-related trade measures relevant to plastic pollution. Analysis of the current state of play provides important insights that can inform both the United Nations ongoing discussions on intergovernmental cooperation to address plastic pollution and the dialogue underway at the WTO to identify how trade related policies could support the Sustainable Development Goals.
Plastic pollution, trade measures, plastic trade, WTO, environment and trade