This paper summarizes the discussions within the United Nations Commission on International Trade Law (UNCITRAL) Working Group III (WG III) on the reform of investor-state dispute settlement (ISDS) regarding the two draft provisions on damages prepared by the UNCITRAL Secretariat as part of the...

Can consumers trust that the food they buy in the supermarket, even if imported, is not harmful to their health? What would be the consequences if their trust in existing health and safety standards were to be undermined by recognizing lower foreign standards? Against the backdrop of public...

The General Agreements on Tariffs and Trade facilitated liberal trade of goods globally by opening up domestic markets and reducing interference of states in trade. The proposition of the GATT to some extent meant curtailing sovereign powers of the state. Countries were cognizant of the fact...

This article questions the consistency of the EU anti-dumping regulation with the WTO Anti-dumping Agreement. It argues that with the expiry of paragraph 15(a)(ii) on 11 December 2016, China’s WTO Accession Protocol may no longer provide the legal basis for the EU to set aside Chinese domestic...

Some principles are not well suited for negotiation through the international trade regime. Or rather, the international trade regime has never been the right forum for negotiating or enforcing human rights. The World Trade Organization’s (WTO’s) current approach to data privacy law both...

COVID-19 pandemic has multiple consequences and knocked multiple disciplines after its occurrence throughout the globe. Among the disciplines touched by the pandemic is the role of law presented as an excuse for the responsibility of non-performance of owing to the pandemic. The COVID-19...

The chapter explores the far-reaching effects of the digital transformation on trade and trade law. It first sketches the state of affairs under the multilateral forum of the World Trade Organization (WTO) and, second, analyzes the more de- liberate regulatory responses to the challenges of...

This is a contribution to the AJIL Unbound Symposium on digital trade and international law. The essay unveils the fluidity of the topic of digital trade—both from a technological and a policy-legal perspective and addresses the questions of what “digital trade” is and more importantly how...

The article explores the transformations triggered by digitalization in the domain of global trade law and seeks to evaluate the nature and the effects of the unfolding legal adaptation in this field of international law. For this purpose, the article starts by mapping the sweeping effects of...

The world, in addition to existing inequalities, also suffers from a digital-data divide. Some countries and classes of people have obtained outsized benefits from digitization whereas many others have either not received promised benefits or have even suffered due to job/revenue loss, reduction...

This Chapter considers how domestic cybersecurity measures interact with the international trade law regime. To that end this chapter discusses the relationship between cybersecurity and the international trade law regime. In so doing, it reveals some of the gaps associated with applying the...

This Article examines the latest international uniform law initiative on the creation of an International Sales Law for Europe, namely the Common European Sales Law (CESL). It comprises four parts, which correspond to the most complex and important aspects of the project’s novel legal response...

"This book, adopting a multidisciplinary and transregional approach, explores political, legal and economics issues pertaining to the making of the world's first multilateral agreement on investment facilitation in the WTO, including its potential impacts on global development and the reform of...

Introduction : History and Rationale for Trade Liberalization -- Trade in Goods : Quotas, Tariffs, Rules of Origin and Trade Facilitation -- Trade in Goods : Non-Discrimination as to National Origin -- Dispute settlement -- Trade Remedies : Subsidies, Anti-Dumping and Safeguards -- Public...

Scholarly literature abounds with the exposition of the role of preferential trade agreements (PTAs) in enhancing or reducing global economic welfare, specifically in the context of the WTO. However, the bulk of it is written by economists and predominantly confined to economic analysis....

This Note advocates that the courts should use new language in the statutory "direct effect" test of the FSIA in order to promote uniformity among the Circuit Courts and prevent confusion with the Foreign Trade Antitrust Improvements Act and the Sherman Act's "direct effect" test. Section II...

The complex nature of Indonesia's export and import policies has led to a lot of challenges in the past. The Neraca Komoditas (NK) scheme might be the solution to address the complicated flow of export-import demand. However, the centralized data distribution and the plan to further expand the...

Trade regulation may never have been in more flux than it is nowadays. Apart from the emergence of ‘megaregionals’ (more recently, the Regional Comprehensive Economic Partnership – RCEP, or the Comprehensive and Progressive Trans-pacific Partnership–CPTPP) and the difficulties in...

The reform option on the Standing Multilateral Mechanism (SMM) currently under discussion at UNCITRAL's Working Group III (WGIII) has raised a number of important, systemic concerns for the procedural reforms of investor-State dispute settlement. This paper first seeks to situate the discussions...

For many years, the autonomy of EU law has been debated by ECJ within the scope of its opinions, decisions, and preliminary decisions in the meantime disputing with national courts of MS. To resolve, clarify and interpret the definition of “Autonomy of EU Law” this paper will be focusing on...

After the inauguration of Donald Trump as president of the U.S. and the success of authoritarian, far-right leaders in certain countries in the E.U., the legal framework of international trade changed drastically. This article elaborates on this phenomenon by highlighting the effect of the...

This concluding chapter, rather than summarize the findings of the preceding ones, aims at shedding some light on what may lie ahead for MERCOSUR, looking at three different challenges: the role and functioning of the MERCOSUR Parliament; the enlargement process started with the accession of...

"This book tells a new, unconventional story of the nexus between international trade and environmental law - a story in which the keyword is synergy rather than conflict, and where the trade regime was always meant for something greater than simply trade liberalization. This book intends to...

Die Investitionskontrolle ist ein vergleichsweise neues Regulierungsinstrument, das rasant an Bedeutung gewinnt. Mit der Verordnung (EU) 2019/452 hat die Europäische Union erstmals einen Rahmen für nationale Investitionskontrollen verabschiedet und diese durch eine Rückermächtigung...

In einem Buch alle relevanten Vorschriften für das Jahr 2024 kompakt auf einen BlickJahr für Jahr ändern sich die zollrechtlichen Vorgaben. Die Mitarbeiter der Zoll- und Exportabteilung müssen sich stets mit den aktuellen Änderungen aus den Bereichen Ein- und Ausfuhrverfahren, Warenursprung...

"This open access book explains why Hong Kong adopts a triangular approach (combining unilateralism, bilateralism, and multilateralism) in its external trade and investment relations, describing how it applies the methods necessary to manage the triple-track strategy, and identifying the legal,...

The article presents considerations and analyzes on the subject of conditions and prerequisites relevant to the identification processes, as well as the assessment of selected decisions, behavior patterns that enable dividing into criminal and legal corrupt practices. At the beginning, the...

This encyclopedia entry reviews the relationship between international trade law and human rights law. Trade and economic globalization aim to enhance economic growth and the well-being of states and their populations. Both trade and human rights law have traditionally been concerned with...

The paper aims at assessing and analyzing elements of due diligence in existing international trade agreements. Relevant elements include obligations to cooperate, to negotiate in good faith, to notify measures which could be harmful to other countries, to take the effects of measures on other...

COVID-19 has resulted in extraordinarily challenging times. The outbreak has disrupted the lives of people and is casting a heavy impact on the economies around the world by interrupting business operations and commercial activities. Whilst everyone is busy identifying various strategies from...

This paper argues that the UNCITRAL is in a privileged position to lead an effort — along with other international organizations, public and private stakeholders — to conduct a thorough analysis of the challenges raised by the growing interaction between international investment treaties and...

This article tends to draw out the working procedures of international trade rules regarding trade contract that gets executed between parties located in two different countries. While doing so, the article analyses the existing trade rules and practices, examines their suitability in the...

Sovereign rights in Exclusive economic zones and Continental shelves are functionally limited to the economic exploitation of these zones. Moreover, in the case of disputed maritime zones these sovereign rights are neither exclusive nor necessarily constant. Nevertheless, states are still...