bluuebunny/crossref_metadata_2025_split huggingface dataset:
Rules of Origin Under the Legislation of Ukraine and Its Correlation with International Treaties to Which Ukraine Is a Party, Including FTAs and PEM Convention
Authors: Isakhanova Nataliia 
Published: March 2022

In this article, the author analyses the main rules in Ukraine for determination of the country of origin of goods, taking into account the correlation of rules of origin provisions, which are enshrined, on the one hand, in the domestic legislation of Ukraine and, on the other hand, in international treaties to which Ukraine is a party, including (FTA)s Free Trade Agreement and Pan-Euro-Mediterranean (PEM) Convention.
Revised Kyoto Convention Appendix K, EU-Ukraine Association Agreement, PEM Convention, Customs Code of Ukraine, the ‘wholly produced’ criterion of origin, Criterion of sufficient processing of goods, special (free) economic zone, ad valorem percentage rule of origin
The Non-preferential Certification of Origin in Argentina
Authors: Lascano María Noel 
Published: March 2022

The new provisions on the non-preferential certification of origin came into force in Argentina in December 2018, leaving behind a long-standing provision that for over twenty years ruled the requirements and conditions for the admissibility of such certification. The new origin certification provides for a paperless administration, attempting to simplify the import procedure and make it faster. However, its current regulation maintains certain problems that arose out of the previous one and which had seemed to be solved after several rulings issued by the Argentine courts.
Non-preferential certification of origin, antidumping, countervailing duties, safeguard measures, Customs authorities’ verification powers, statistical purposes
In the Name of Free Trade: WTO against the Brazilian Tax Incentives
Authors: Echevarría Gorka 
Published: March 2022

The Tax incentives offered by Brazil to local production triggered a WTO dispute by the European Union and Japan against the presumably ‘discriminatory tax advantages’ that for years have severely harmed these countries’ automotive and technological industries. This article explores, through the review of the claims submitted by the parties to the dispute, the Panel and the Appellate Body’s resolutions, if these tax incentives effectively increased the border protection in Brazil by imposing a higher tax burden on imported goods than on domestic goods; conditioning tax advantages to the use of domestic goods and, providing export-contingent subsidies.
WTO, Brazil, GATT, TRIMS, INOVAR-Auto, Informatics, Tax incentives, Subsidies
The German Federal Constitutional Court’s Judgment on the PSPP: What happened to the EU law Supremacy? Implications of the Judgment for the Trade and Customs Policy of the European Union
Authors: Rovetta Davide , Smiatacz Agnieszka 
Published: March 2022

The German Federal Court’s judgment on the Public Asset Purchasing Programme (PSPP) and the European Central Bank on the one hand calls into question the supremacy of European Union law. On the other hand, perhaps with some sound arguments, the mentioned Constitutional Court criticized the Court of Justice of the European Union (CJEU) for granting very limited judicial protection against acts like the challenged ones. It is the view of the German Federal Constitutional Court that the Court of Justice of the European Union by granting ‘wide discretion’ to the EU institutions, coupled with applying a ‘limited judicial review standard’, would not be able to guarantee appropriate judicial protection against EU law acts, which can be unlawful. We argue here that the reasoning as adopted in the judgment of the German Constitutional is not a new matter in the European Union, as the conflicts between the CJEU and the highest national courts did occur in the past. In fact, the judgment of the German Constitutional Court is a clear indication that according to some of the highest national courts, the unconditional supremacy of the EU law cannot be accepted. Instead, the scope of the interpreted EU measures should also align with the highest level of the national legal norms, such as constitutional norms or fundamental rights.We are also arguing that it would be up to the European Commission to re-establish the order via the infringement proceedings tool, yet that the Commission should be strongly endorsed among the EU Member States for taking such measures. It is, however, possible that the following matter can be resolved without restoring to such measures. From a substantive point of view, however, we have the regret of concluding that the German Federal Constitutional Court raised valid substantive arguments against the Court of Justice of the European Union. Finally we examine the potential scope of implications, which could occur in the trade and customs fields in the European Union.
EU supremacy, PSPP, ECB, Constitutional courts, judicial review
Tackling Technical Barriers to PPE: Pathways to Mutual Recognition Agreements in the Post-Pandemic Future
Authors: McMahon Joseph A. , Fu Jiangyuan 
Published: March 2022

As the coronavirus disease (COVID-19) continues to spread around the world, international trade has prompted widespread fears especially when it comes to the scramble of essential goods. Technical barriers to trade (TBT) are necessary to ensure the quality of exports, and for the protection of human, animal, and plant life or health. TBT varies from country to country and this issue is more pronounced when it comes to personal protective equipment (PPE) amid COVID-19. Mutual recognition plays an important role in facilitating the trade of essential goods, in particular during a pandemic. However, the number of existing mutual recognition agreements (MRAs) on essential goods for a pandemic is limited. It is envisaged that in the post-pandemic future, more countries will endeavour to negotiate MRAs on essential goods. However, issues such as origin-based bias under MRAs remain arguably unclear. This article seeks to analyse the role mutual recognition plays when it comes to trade in PPE in time of global pandemic, identify the issues with existing MRAs on PPE and suggest a model provision for the future MRA negotiations.
technical barriers to trade (TBT), personal protective equipment (PPE), medical devices, mutual recognition agreements (MRAs)
Systemic Issues in the Panel Report in Indonesia – Chicken (Article 21.5: Brazil)
Authors: Remigio Alejandro Matsuno , Elzahar Nada Morsy , Sultan Sadia 
Published: March 2022

The Panel Report in the compliance proceedings under Article 21.5 of the Understanding on Rules and Procedures Governing the Settlement of Dispute (DSU) in the case Indonesia – Measures Concerning the Importation of Chicken Meat and Chicken Products (Indonesia – Chicken (Article 21.5 – Brazil)) provides interesting guidance on systemic issues regarding the compliance phase of the WTO dispute settlement procedures.
Scope of Article 21.5 of the DSU, Amended measures, Reasonable Period of Time, RPT, Compliance proceedings, Judicial economy, Import restrictions, Undue delay in approvals, Article XI of the GATT 1994, Article 8, Annex C of the SPS Agreement, Chicken meat and chicken products
Focus EU: Import Control System 2 at the Starting Gate
Authors: Fruscione Alessandro 
Published: March 2022

On 15 March 2021, a new import control system for the European Union was launched, called Import Control System 2 (or ICS2): it will guarantee a more efficient and effective import control activity and facilitate communications between economic operators and customs administrations of Member States. However, a gradual adaptation of the information systems will be necessary and, further, different procedures, especially for postal operators and express carriers, who are the first to deal with the new system, will be needed.
There are three versions of the new system, the first just entered into effect and the others to be implemented by 2024: Release 1 requires postal operators and express carriers to submit a subset of their Entry Summary Declaration data, for goods transported by air only; Release 2 will require all air carriers, for all goods transported by air, to integrate the subset of data with the other information required for the complete Entry Summary Declaration; Release 3 requires specific functions to submit the complete Entry Summary Declaration for all goods carried by means of transport other than air, and therefore will concern maritime, rail and road operators as well as certain importers and recipients of the goods in the European Union.
Declaration, Control, Summary, Transport, Goods, Carriers, Air, Postal, Import
A Corrupt Way to Handle Corruption? Thoughts on the Recent ICSID Case Law on Corruption
Authors: Wendler Carsten , Kulick Andreas 
Published: March 2022

It is a well-established practice in international commercial arbitration that tribunals do not accept jurisdiction in disputes that involve corruption. While investment arbitration tribunals endorse such reasoning, the authors challenge the approach. Investment arbitration disputes differ from commercial arbitration disputes in that the Respondent, that is, the Host State, is vested with puissance publique and hence may pursue its interests unilaterally – in contrast to a private entity, it does not need a tribunal to get what it seeks. Moreover, the authors argue that declining jurisdiction is both detrimental from a policy perspective as well as subject to fl awed legal reasoning. Therefore, they seek to promote a balancing of the investors’ responsibilities vis-à-vis corruption with their rights on the merits stage. Only this approach promises both sound legal reasoning and a solution that pursues a policy jointly targeting corruption and conforming with the investment regime’s ultimate goal: to foster economic development by way of protecting investments.
‘There is no kind of dishonesty into which otherwise good people more easily and frequently fall, than that of defrauding the government.’
Benjamin Franklin
Predatory Pricing in China: In Line with International Practice?
Authors: Emch Adrian , Emch Adrian 
Published: March 2022

China’s Anti-Monopoly Law (AML) prohibits a dominant company from selling products at prices below cost without legitimate reasons.
Chinese antitrust agencies and courts have provided some signals as to how they will enforce the predatory pricing provision in the AML and similar provisions in other laws. For example, in 2009, the National Development and Reform Commission (NDRC) circulated for comments a draft regulation implementing aspects of the AML, including its predatory pricing provision.
However, all in all, the law on predatory pricing is still relatively undeveloped in China at this stage. As US and EU courts have long dealt with the fundamental questions raised by predatory pricing claims, we assess the existing and draft rules in China against the backdrop of US and EU jurisprudence. We focus in particular on four factors: existence of dominance/monopoly power; definition of the benchmark used in a cost test; injury to competition; and absence of pro-competitive justifications.
The New EU Tobacco Products Directive and Standardized Packaging: [in the Name of Smooth Functioning of the Internal Market]
Authors: Obolevich Viktoria 
Published: March 2022

This article conducts a selective legal analysis of the new Tobacco Products Directive 2014/40/EU, which was formally adopted in April 2014 and which, except for a few provisions, should be implemented in all EUMember States by 20 May 2016. The dominant focus of the article is on the labelling and packaging requirements (including standardized packaging). The labelling and packaging measures, despite ambitious and noble targets, have raised controversial debates about their effect in decreasing tobacco consumption. It has also begged the question whether these rules will contribute to facilitating free movement of tobacco products in the internal market as planned. In light of recent legal challenges and the ECJ’s Preliminary Ruling in Philip Morris Brands SARL and Others v. Secretary of State for Health, the article assesses the validity of the proposed measures under the principles of subsidiarity, proportionality and fundamental rights, as well as the chosen legal basis for the Directive. It continues with the examination of the minimum requirement of the Directive and the possibility for Member States to introduce further requirements relating to packaging. Overall, the article concludes that the Directive’s chosen model of partial harmonization presents a fresh approach to the regulation of labelling and packaging of tobacco products in the internal market. However, it might generate the same results as in the case of minimum harmonization. Namely, further standardization of packaging of tobacco products at the national level will lead to the lack of a harmonized approach, thereby affecting the smooth functioning of the internal market. As a result, new harmonizing rules will be required in the future.
China’s Take on National Security and Its Implications for the Evolution of International Economic Law
Authors: Huang Chieh 
Published: March 2022

This article explores the concept of national security in China’s legal system and the potential impact for the future of international economic law. By mapping the legal evolution of the concept, this article argues that its expansion reflects China’s changing role in global politics and the global economy. When ‘national security with Chinese characteristics’ is unpacked, we can find multidimensional concerns about a stable and prosperous China. While China displays no intention to challenge the current international economic legal order, this article argues that China has created the foundation to develop a mechanism to project its concept of national security through the Belt and Road Initiative. In this alternative order parallel to the current one established with the US dominance, economic development is considered as an integral part of peace and security.
national security, China, investment screening, new international economic order, geoeconomics
Targeted Economic Sanctions and WTO Law: Examining the Adequacy of the National Security Exception
Authors: Bogdanova Iryna 
Published: March 2022

Individual states increasingly rely upon targeted economic sanctions to achieve their foreign policy goals. The legality of such unilateral sanctions remains debatable in public international law. However, their proliferation and possible negative repercussions encourage targeted states to question their legality before international tribunals, including the World Trade Organization (WTO) dispute settlement system. Against this backdrop, the article analyses three types of recently enacted unilateral targeted sanctions. In particular, sanctions imposed on human rights grounds (‘Magnitsky-style sanctions’), those targeting perpetrators of cyber-attacks, and sanctions impacting trade in information and communications technology and services (ICTS) (e.g.,Huawei sanctions) are discussed. The subsequent analysis focuses on the possible WTO-inconsistency of these economic restrictions. Following this, the possibility to justify such sanctions under the national security exception of Article XXI(b)(iii) of the General Agreement on Tariffs and Trade (GATT) is explored. The conclusion emphasizes that the national security exception cannot be used to justify all types of unilateral economic sanctions, even if these measures are introduced to address national security concerns. This conclusion not only demonstrates inevitable boundaries of the national security clause but also reinforces the general tendency of questioning the legality of unilateral economic sanctions.
economic sanctions, national security, WTO, Magnitsky-style sanctions, cyber sanctions, information and communications technology and services, Huawei sanctions
Privilege in international arbitration: what are the trends?
Authors: Caroit Eugenie , Guerra Paloma Garcia 
Published: March 2022

Privilege-related issues are likely to arise in international arbitration procedures, as these often involve actors from a variety of legal backgrounds. No international standard of privilege exists, and thus arbitration tribunals have had no option but to identify standards applicable to the specific issues of privilege on a case by case basis. While privilege in international arbitration is frequently discussed among commentators, measures taken to mitigate the lack of guidance to tribunals have been minimal. This article seeks to identify trends in international arbitration regarding privilege-related issues. To this end, this article examines both commercial and investment cases, and reviews recently published doctrine on the subject to take stock of the way privilege-related issues are dealt with in practice. First, the article starts by looking at the instances in which privilege issues arise. Second, it looks at how arbitral tribunals determine the standard applicable to privilege claim. Third, the article also looks at how arbitral tribunals define different types of privilege. Fourth, it tries to identify the practical proposals made by tribunals to manage issues of privilege. Finally, the article provides a few concluding remarks.
Privilege; standard of privilege; IBA Rules on the Taking of Evidence; legal advice privilege; work-product privilege; litigation privilege; deliberate process privilege; cabinet privilege; document production; privilege waiver.
Gestegen grondstofprijzen en contracten: wie betaalt de rekening?
Authors: den Hartog J. , Lankhaar A.Z. 
Published: March 2022

Gestegen grondstofprijzen en contracten: wie betaalt de rekening?
Het afgelopen jaar kenmerkt zich door hevige prijsstijgingen van grondstoffen en (bouw)materialen. In deze bijdrage gaan wij in op de vraag in hoeverre partijen in tijden van prijsstijgingen gebonden kunnen blijven aan prijsafspraken of prijswijzigingsbedingen. Daarbij wordt stilgestaan bij de mogelijkheden om op grond van onvoorziene omstandigheden of kostenverhogende omstandigheden deze afspraken te omzeilen. Hoewel dit in voorkomende gevallen denkbaar is, zal op de partij die hierop een beroep doet een zware stelplicht en bewijslast rusten. Zoals vaker is voorkomen beter dan genezen en kunnen partijen beter vooraf duidelijke afspraken maken hoe om te gaan met prijsstijgingen.
The role of potassium channels on vasorelaxant effects of elabela in rat thoracic aorta
Authors: Şahintürk Serdar , İşbil Naciye 
Published: March 2022

Background:This study aims to investigate the roles of potassium channel subtypes in the vasorelaxant effect mechanism of elabela, which is a recently discovered endogenous apelin receptor ligand.Methods:The vascular rings (4-mm) obtained from the thoracic aortas of 20 male Wistar Albino rats were placed into the isolated tissue bath system. The resting tension was set to 1 g. The aortic rings were contracted with 10-5 molar phenylephrine after the equilibration period (90 min). Elabela was applied cumulatively (10-10-10-6 molar) to the aortic rings in the plateau phase. The experimental protocol was repeated in the presence of specific potassium channel subtype inhibitors to determine the role of potassium channels in the vasorelaxant effect mechanism of elabela.Results:Elabela induced a concentration-dependent vasorelaxation (p<0.001). The maximum relaxation level was approximately 51% according to phenylephrineinduced contraction. Vasorelaxant effect level of elabela statistically significantly decreased after removal of the endothelium (p<0.05). Tetraethylammonium (1 milimolar), 4-Aminopyridine (1 milimolar), glyburide (10 micromolar), and barium chloride (30 micromolar) statistically significantly decreased the vasorelaxant effect level of elabela (p<0.001, p<0.001, p<0.01, and p<0.05 respectively). However, anandamide (10 micromolar) and apamin (100 nanomolar) did not statistically significantly change the vasorelaxant effect level of elabela.Conclusion:Our results suggest that large-conductance calciumactivated, voltage-gated, adenosine triphosphate-sensitive, and inward-rectifier potassium channels are involved in the vasorelaxant effect mechanism of elabela in the rat thoracic aorta.
Patterns of treatment in older patients with newly diagnosed advanced bladder cancer: A SEER dataset analysis
Authors: Kessler Elizabeth R. , Schmiege Sarah J. , Eguchi Megan , Singh Sarguni , Fischer Stacy M. 
Published: March 2022

AbstractBackgroundBladder cancer is one of the top 10 cancers diagnosed in Americans with a median age of 73. This is the patient population that tends to be older with multiple medical conditions, and previously described variability in treatment in the earlier stages of the disease. This study aimed to evaluate the first‐line therapeutic choices for older adults newly diagnosed with advanced bladder cancer. In addition, this work evaluated predictors of response as well as the role of events of functional importance in relation to treatment assignment.MethodsA population‐based cohort study was conducted using the SEER‐Medicare database of patients with advanced stage bladder cancer not eligible for curative intent therapy between 2010 and 2013. Patient groups of interest were compared via univariate and multivariate associations. Additionally, a latent class analysis was applied to identify classes with similar features in reference to events of functional importance—events linked to the maintenance or improvement of physical function status.ResultsWithin the sample, we noted that a minority of patients received a standard cisplatin‐containing regimen (14.77%) and a majority did not receive any chemotherapy (59.69%). Most patients were over age 75. The adjusted odds ratio of no chemo versus cisplatin in patients aged 76 and older compared to patients 66–75 was 6.61 (4.79–9.13; p < 0.0001). We applied latent class analysis methods to the dataset, and three classes demonstrated very low and moderate levels of functional events in the 12 months prior to a person's first outpatient visit for advanced bladder cancer care.ConclusionsPatients with new diagnosis of advanced bladder cancer largely do not receive the recommended first‐line systemic therapy of cisplatin chemotherapy, and a significant majority does not receive any treatment. When evaluating the association between class assignment and predictors of chemotherapy use, such as comorbidity and age, patients with “low usage overall” were more likely to receive chemotherapy. Yet even patients who received chemotherapy had some events of functional importance.
Advanced Biomaterials for Cell‐Specific Modulation and Restore of Cancer Immunotherapy
Authors: Ruan Shaobo , Huang Yuanyu , He Mei , Gao Huile 
Published: March 2022

AbstractThe past decade has witnessed the explosive development of cancer immunotherapies. Nevertheless, low immunogenicity, limited specificity, poor delivery efficiency, and off‐target side effects remain to be the major limitations for broad implementation of cancer immunotherapies to patient bedside. Encouragingly, advanced biomaterials offering cell‐specific modulation of immunological cues bring new solutions for improving the therapeutic efficacy while relieving side effect risks. In this review, focus is given on how functional biomaterials can enable cell‐specific modulation of cancer immunotherapy within the cancer‐immune cycle, with particular emphasis on antigen‐presenting cells (APCs), T cells, and tumor microenvironment (TME)‐resident cells. By reviewing the current progress in biomaterial‐based cancer immunotherapy, here the aim is to provide a better understanding of biomaterials’ role in targeting modulation of antitumor immunity step‐by‐step and guidelines for rationally developing targeting biomaterials for more personalized cancer immunotherapy. Moreover, the current challenge and future perspective regarding the potential application and clinical translation will also be discussed.