International Trade Law Commons^™

Measuring The Capacity To Combat Illicit Tobacco Trade In 160 Countries, Valerie Gilbert T. Ulep, Monica Paula Lavares, Ariza Francisco

Ateneo School of Government Publications

Background

Illicit trade of tobacco negatively affects countries’ tobacco control efforts. It leads to lower tobacco prices and makes tobacco products more accessible to vulnerable populations. In this study, we constructed an illicit tobacco trade index, which measures the structural and institutional capabilities of 160 countries in addressing illicit tobacco trade. We collected the most recent and best available data on general governance, tobacco control policies, and trade and customs practices.

Results

Singapore, New Zealand, Finland and Sweden lead countries with the most favorable illicit tobacco trade score. We observed a positive relationship between illicit tobacco trade scores and Gross …

The Coronavirus Pandemic And International Trade, E. Wesley F. Peterson

Cornhusker Economics

The Coronavirus pandemic has disrupted economic activities around the world. Many businesses had to cease operations and furlough or lay off their workers. The World Bank (2021) has reported that global economic output fell by 3.4% in 2020. The good news is that the massive infusion of financial support from many governments in high-income countries meant that the worst economic effects of the pandemic were mitigated, and a rapid recovery has begun to make up for the pandemic-related losses. The International Monetary Fund (IMF) predicts that the global economy will grow by 5.9% in 2021 recovering the 2020 losses and …

Research Exceptions In Comparative Copyright Law, Sean Flynn, Michael Palmedo, Andrés Izquierdo

Joint PIJIP/TLS Research Paper Series

Recent scholarship has highlighted the positive impact on scholarship of copyright exceptions for text and data mining and of more “open” exceptions for research uses. Until now, however, there has not been a collection and categorization of the world’s copyright laws according to the degree to which they provide exceptions for research. In this report, we release the results of the first such study. We show that every copyright law in the world has at least one exception to promote research uses of copyrighted works, but that such exceptions vary widely between countries. We conclude that the world’s exceptions for …

Waive Ip Rights & Save Lives, Srividhya Ragavan

Faculty Scholarship

In October of 2020, when India and South Africa proposed a waiver from certain provisions of the TRIPS agreement, it was meant to increase local manufacturing capacity in these countries. The waiver was proposed as a tool to kick-start prevention, containment and treatment of COVID-19. While there is an imminent need to meet a growing supply-demand gap for all medical products, COVID-19 related products are urgently required in poorer nations to contain the pandemic. The waiver has an additional role to play in the larger trade schema. In enabling vaccination of populations across the globe, the waiver would be critical …

The Role Of The Nype Inter-Club Agreement As A Modular Apportionment Mechanism For Cargo-Claims Across Multiple Jurisdictions, Tiurma Mangihut Pitta Allagan, M. Rizky Bayuputra

Indonesian Journal of International Law

The New York Produce Exchange Inter-Club Agreement (the 'ICA') is a staple maritime cargo claims provision incorporated into popular charter party forms, the NYPE46, ASBATIME, and NYPE15. It mechanically regulates cargo liability apportionment between charterers and shipowners mechanically for quick dispute resolution. This study aimed to examine the use and application of the ICA through a private international law lens to evaluate the ICA’s choice of law (being English law). ICA is an independent contract applicable to national legislation or any international convention, such as the Hague Rules, Hague-Visby Rules, and Hamburg Rules. It protects the commercial interests of shipowners …

Cases Of Lifting The Swiss Banking Secrecy In Financial Crimes, Dr. Marwa Youssef Elbesiky

UAEU Law Journal

Banking secrecy is the most important obstacle facing the disclosure of financial crimes especially corruption and tax crimes where criminals commit corruption, theft, embezzlement, and tax evasion crimes and deposit their assets in countries that have strong banking secrecy provisions such as Switzerland in order to hide their illegal assets. Recovering those assets from Swiss banks which have strong banking secrecy, an issue that demands further exploration, is something that this research intends to undertake.

In this regard, this paper will analyse the Federal Act No. 955 of 1997 on Combating Money Laundering and Terrorist Financing in the Financial Sector. …

Bridging Separate Worlds— Application Of Human Rights Law In Investment Treaty Arbitration, Raymond Yang Gao

Northwestern Journal of International Law & Business

With the proliferation of investor-state treaty arbitration, international investment law has been increasingly caught in a “legitimacy” crisis, with concerns looming large over resultant disruptive effects on human rights. Amid existing scholarship seeking to recalibrate the balance between investment protection and public interests, what is relatively undertheorized is a public international law dimension. In this regard, this Article explores the role of human rights law in integrating human rights considerations into investment tribunals’ decision-making, bridging the normative divide between international investment law and human rights. It makes three contributions. First, it systemizes the normative tensions and potential conflicts between international …

The Disparate Treatment Of Rights In U.S. Trade, Desirée Leclercq

Fordham Law Review

Rights advocates are increasingly urging U.S. trade negotiators to include new binding and sanctionable provisions that would protect human rights, women’s rights, and gender equality. Their efforts are understandable. Trade agreements have significant advantages as a process for advancing international rights. Even though Congress and the executive incorporate international environmental standards and labor rights into U.S. trade agreements, they have refused to incorporate gender rights and broader human rights. The rationale behind the United States’s disparate treatment of rights in trade has received almost no scholarly attention. That is a mistake. Using labor rights as a case study, this Article …

State Energy Cartels, James W. Coleman

Cardozo Law Review

Fracking has made America the center of global oil production and the engine of the world’s economy. But haste makes waste. America’s new oil wells are releasing natural gas as well, which is prized as a clean and reliable fuel around the world but must be simply burned off or “flared” if there are no pipelines to bring it to the customers that need it. The pace of the oil boom and the challenges of building new pipelines have forced oil companies to flare staggering quantities of natural gas. Texas and North Dakota are now flaring—that is, wasting—more gas than …

Are You In Or Out? Hong Kong And The Applicability Of The United Nations Convention On Contracts For The International Sale Of Goods, Cullen Threlkeld

Georgia Journal of International & Comparative Law

No abstract provided.

Investor-State Dispute Prevention: A Critical Reflection, Lise Johnson, Lisa E. Sachs, Ella Merrill

Columbia Center on Sustainable Investment Staff Publications

With the rise of treaty-based investor-state dispute settlement (“ISDS”) which has taken place over the last two decades, a number of governments have adopted varying approaches to avoid those arbitration cases. Countries including Bosnia and Herzegovina, Colombia, Mexico, Mongolia, and Peru have pursued such initiatives, often with the support of intergovernmental organizations such as the United Nations Convention on Trade and Development (“UNCTAD”) and the World Bank.

In the context of discussions on ISDS reform taking place at the United Nations Commission on International Trade Law (“UNCITRAL”), some states have identified development and implementation of such ISDS-avoidance strategies and tools …

How To Assess Regional Trade Agreements? Deep Ftas V. China’S Trade Agreements, Heng Wang

Research Collection Yong Pung How School Of Law

Regional trade agreements are undergoing many changes. Notably, the trajectory of China’s trade agreements has been affected by the unique US-China Phase One agreement, and these agreements extend beyond free trade agreements (FTAs). China’s trade agreements represent a different path forward from that mapped out by deep FTAs (e.g., the CPTPP) in respect of the future of trade law. This paper analyses two crucial but underexplored questions: What are the approaches behind deep FTAs and China’s trade agreements? How can we assess trade agreements (particularly China’s trade agreements)?The article critically reviews China’s trade agreements and deep FTAs. Based on in-depth …

Finding A Rule-Based Solution To The Appellate Body Crisis: Looking Beyond The Multiparty Interim Appeal Arbitration Arrangement, Henry S. Gao

Research Collection Yong Pung How School Of Law

The WTO dispute settlement system is in crisis due to the persistent blockage of the appointment of Appellate Body members by the United States. This paper reviews the US criticisms against the Appellate Body and argues that its allegations are unfounded and its approach is wrong. To deal with the US blockage, various proposals have been made, with the most popular being the Multiparty Interim Appeal Arbitration Arrangement (MPIA) set up by several key Members including the European Union and China. After a thorough analysis of the key features of the MPIA from both theoretical and practical perspectives, this paper …

Tindak Pidana Pencucian Uang, Yunus Husein

Indonesian Journal of International Law

Money laundering is considered as a transnational organized crime. The logic of elimination money laundering is to omit the criminal’s motivation to enjoy their proceed of crime. The efforts to eliminate money laundering is much related to the issues of national jurisdiction. Thus, it requires international cooperation among countries, where international law is needed. Eventhough there is still no specific convention about money laundering, but regulation about money laundering is partially arranged in some conventions such as Vienna Convention 1988 and in UN Convention on Transnational Organized Crimes 2000. Indonesia has enacted a regulation is amended by UU No. 25 …

Enhancing Maritime Security In The Malacca Strait: Cooperation Against Piracy And Maritime Terrorism, Rheny Wahyuni Pulungan

Indonesian Journal of International Law

The Malacca Strait, together with the Singapore Strait, are two of the most important straits in the world and consequently there is significant traffic through them, reported to be approximately 60,000 vessels a year. The rising number of violent and well-coordinated attacks on transiting ships in these straits has become a very serious problem, such as threats of unauthorized boarding; theft of personal property, cargo and the ships themselves; and violence against, and the kidnapping or murder of, seafarers. One effort which is likely to enhance security in the Malacca Straits is the establishment of 'joint patrol areas', where more …

Preventing Retaliation In Trade By Harmonizing The Measures, Muhammad Putra Iqbal

Indonesian Journal of International Law

Sanitary and Phytosanitary Measures (SPS) Agreement as a globally-accepted legal document within the World Trade Organization (WTO) is very important in ensuring food traded across the boundaries is safe for consumers and also protecting animal and plant from diseases and pests. Therefore, SPS Agreement's role within the international trade is very crucial. This paper evaluates "Indonesia-China candy case" that closely related to the implementation of the SPS Agreement. It is concluded that Indonesia as a member of WTO has declared and proven that Indonesia national regulations on food safety comply with international standard. On the other hand, China should show …

Environmental Protection And State Responsibility In International Humanitarian Law, Arie Afriansyah

Indonesian Journal of International Law

International armed conflicts is not only threatened the existence of human being, but also brought great environmental damage that has served to raise the international community's deep concern. The conflicting parties are liable for violations of their international obligations including damages to the environment. The obligations of warring parties to protect the environment are sourced not only from treaty law but also from customary law. Even though the conflict has ceased, they are still liable for the violations as long as the damages continue. That is why the legal concept of State offers an important doctrine in international conflicts offering …

Author's Right Is Not Only Copyright, Agus Sardjono

Indonesian Journal of International Law

This article discusses the difference between the concept of Author's Right and Copyright. These two concepts are often mistakenly considered to be inter-changeable. The purpose of this article is to help readers obtain a better insight into the basic concept of Author's Right and Copyright.

Us-China Transnational Law In A Time Of Trade Crisis, Carrie Shang

Indiana Journal of Global Legal Studies

Growing transnational business activities have resulted in more rapid transnationalization of American laws. In an era of deglobalization, the way the Trump administration moved away from multilateralism has both gravely impacted international law ordering and triggered responsive (or adaptive) law-making in some of the United States' major trade partners, in particular, China. The recently concluded US-China Trade War has driven up the speed of transnational norm-making and hastened incorporation of American legal principles into Chinese domestic laws. As diplomatic tension between the United States and China intensify, Chinese companies are increasingly becoming targets of sanctions and regulatory enforcement actions led …

Digital Euro And Ecb Powers, Seraina Neva Grünewald, Corinne Zellweger-Gutknecht, Benjamin Geva

Articles & Book Chapters

The use of cash in the euro area is declining. Accordingly, the EuropeanCentral Bank is exploring options for the design of a digital euro as a form of central bank money available to the public. This article addresses the key question of whether the Eurosystem is empowered to issue a digital euro and, if so, in what form. Based on a historical, teleological, and systematic interpretation, it argues that Article 128(1) TFEU serves as both a source of competence for the Eurosystem to issue a digital euro and a limitation to that competence. The Eurosystem’s powers are necessarily exclusive and …

Resurgence Of Bundling Mechanisms In Digital Services Trade, Tereso S. Tullao, Vicenzo Della Croce Br.

Angelo King Institute for Economic and Business Studies (AKI)

The expansion of trade through centuries was pushed through a great extent by the unbundling of commodities from various factors that prevent them from being traded globally. The use of the steam engine in shipping, for example, ushered in the rapid expansion of 19th-century trade as transport cost was drastically reduced and countries realized interspatial cost differences across the Atlantic. The previous untradability of services, on the other hand, was broken by various dimensions of globalization that separated the simultaneous production and consumption of services. This unbundling rapidly boosted global trade in recent decades. However, growing developments and innovations in …

A Critical Appraisal Of The African Continental Free Trade Area Agreement, Olabisi D. Akinkugbe

Articles, Book Chapters, & Popular Press

Despite Africa’s fragmented sub-regional economic regimes, the AfCFTA Agreement represents a significant moment for African States to harness the continent’s international trade and investment opportunities on their own terms. The AfCFTA Agreement initiates a set of complex and lengthy negotiations with a view to reducing tariffs, galvanize industrial production and boost Africa’s trade. The success of Africa’s reinvigorated liberal internationalism embodied in the AfCFTA Agreement depends on a host of factors that primarily includes its effective implementation.

This Chapter situates the AfCFTA Agreement in the historical and contemporary contexts of the mixed performance of sub-regional economic communities and other regimes …

Non-Precluded Measures Clauses: Regime, Trends And Practice, Dilini Pathirana, Mark Mclaughlin

Research Collection Yong Pung How School Of Law

“Non-precluded measures” (NPM) clauses have become a fixture of the modern international investment regime. As an integral aspect of attempts to recalibrate the public-private balance in investment treaties, these clauses are intended as a corrective to the pro-investor interpretations of early arbitral tribunals. They expressly provide for the primacy of public policy over investment protection standards under certain conditions. This contribution seeks to identify trends in the drafting of NPM clauses and identify their common components. It will categorize the conditions that must be satisfied in order that host States can have recourse to them, as well as the role …

Impacts Of Iprs Basic Provisions In Cptpp On Technology Transfer And Innovation - Suggestion In Indonesia, Nguyen Phan Quoc

Indonesian Journal of International Law

No abstract provided.

Visually Impaired Persons And Access To Copyrighted Works: The Indian Roadmap, Anjana Girish, Saraswathy Vaidyanathan

Indonesian Journal of International Law

The copyright regime poses challenges to visually impaired persons, such as the inability to access books written in a format suitable for their reading needs. Therefore, in 2013, the Marrakesh Treaty to Facilitate Access to Published Works for Blind Persons, Visually Impaired, or Otherwise Print Disabled was carried out to resolve these challenges. India has adopted certain exceptions in its copyright regime, which facilitate access to the visually impaired. However, the beneficial effects of these provisions remain debatable. This research is based on an empirical study conducted on the effectiveness of the provisions of the Indian Copyright Act on facilitating …

Critical Examination Of The Intellectual Property Regimes In The Gulf-Co-Operation Council (Gcc) States, Nadia Naim

Indonesian Journal of International Law

The research focuses on the intellectual property developments made by the member states of the GCC and how intellectual property development and subsequent deployment, can act as a catalyst for financial prosperity. The main purpose of the research is to analyse and examine the intellectual property provisions currently in existence within the states of the GCC. The aim is to provide recommendations to improve the current level of intellectual property protection at both a national level and at a state level in the GCC through an integrated intellectual property protection model. There have been three main stages in the development …

The Implementation Of The Traditional Cultural Expression (Tce) Protection In Indonesia Based On Article 38 Law Number 28 Of 2014 Regarding Copyright, Prasetyo Hadi Purwandoko, Adi Sulistiyono, M. Hawin

Indonesian Journal of International Law

Indonesia as a multicultural and multi-ethnicity country has a wide Traditional Cultural Expression (TCE) which needs active protection as a cultural heritage from extinction and to provide certain economic benefits. However, a lot of elements are endangered due to the effect of globalization, lack of facilities, appreciation, and comprehension which cause erosion of values, functions, and cultural elements. This research was, therefore, conducted to discuss the implementation of TCE protection in Indonesia based on Article 38 Law Number 28 of 2014 concerning Copyright (Copyright Law 2014). It was concluded that the implementation of TCE protection is through the Draft of …

Exhaustion Requirements And Dispute Resolution Reform In Bilateral Investment Treaties, William Crowder Gaskins Jr.

Georgia Journal of International & Comparative Law

No abstract provided.

The Role Of Law In Chinese Value Chains, Henry Gao, Gregory Shaffer

Research Collection Yong Pung How School Of Law

Since starting its economic reform four decades ago, China has been highly successful in integrating its economy into regional and global value chains (GVCs). This started with simple assembly and processing, then expanded to low-end labor-intensive manufacturing, and gradually moved up to technology-intensive and capital-intensive industries. This article analyzes the development of Chinese law, legal institutions, and international and transnational legal initiatives to support the development of GVCs, which we divide into five phases. The article does not idealize law in terms of ‘commitment’ or ‘rule of law,’ but rather, in the legal realist tradition, views law as an important, …

Intellectual Property Rights And Public Policy On The Role Of Plain Packaging And Health Care In India, Anil Kumar Vishwakarma, Maria Devi Angerhofer

Indonesian Journal of International Law

Although tobacco is a multi-billion-dollar industry globally, its consumers are prone to various non-communicable diseases, such as cancer, heart attack, etc. Therefore, to prevent this, many states have taken initiatives to discourage the consumption of this harmful product. Many international organizations like World Health Organization (WHO) have supported these preventive measures through The WHO Framework Convention on Tobacco Control (WHO FCTC). The main objective of this convention is to encourage the concept of packaging all brands of tobacco products in a uniform standard, which is known as the Plain packaging process. This was the first initiative adopted by Australia. This …