This article explores the possible role that the World Trade Organization (WTO) could play to ensure a fair, non-discriminatory, open, transparent and development friendly multilateral landscape. Given its rules-based, consensus driven, and hard law nature, this is a tough task. Can flexible multilateralism work? If so, what form should it take? Are the Joint Initiatives a good example of a possible approach or should different pathways be developed to achieve a consensus on the concept of WTO reform first? The author argues that the term WTO reform bears no common meaning among its members. However, if true WTO reform is to be achieved, a differentiated approach to multilateralism is required. Given the nature and institutional structure of the WTO, this does not conceive of rulemaking by subsets of members advancing some agendas and leaving others behind. One caveat in this context is very clear, in agreeing to a comprehensive revision of the WTO, all issues should be on the table. The paper suggests a dedicated ministerial conference should be held on the future of the WTO to agree on reset 2.0. This pathway is accessible only if all WTO members explicitly agree on a comprehensive remake.
{"title":"In Search of the Future of Inclusive Multilateralism: The WTO at a Crossroads","authors":"Mustaqeem De Gama","doi":"10.54648/gtcj2024059","DOIUrl":"https://doi.org/10.54648/gtcj2024059","url":null,"abstract":"\u0000 This article explores the possible role that the World Trade Organization (WTO) could play to ensure a fair, non-discriminatory, open, transparent and development friendly multilateral landscape. Given its rules-based, consensus driven, and hard law nature, this is a tough task. Can flexible multilateralism work? If so, what form should it take? Are the Joint Initiatives a good example of a possible approach or should different pathways be developed to achieve a consensus on the concept of WTO reform first? The author argues that the term WTO reform bears no common meaning among its members. However, if true WTO reform is to be achieved, a differentiated approach to multilateralism is required. Given the nature and institutional structure of the WTO, this does not conceive of rulemaking by subsets of members advancing some agendas and leaving others behind. One caveat in this context is very clear, in agreeing to a comprehensive revision of the WTO, all issues should be on the table. The paper suggests a dedicated ministerial conference should be held on the future of the WTO to agree on reset 2.0. This pathway is accessible only if all WTO members explicitly agree on a comprehensive remake.\u0000","PeriodicalId":12728,"journal":{"name":"Global Trade and Customs Journal","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2024-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141710645","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Labour mobility between European and African countries constitutes several opportunities and challenges shaped by historical, demographic, economic, political, and policy factors. The current labour movements, however, transcend these historical ties to reflect contemporary world dynamics that are largely influenced by demographic shifts. Demographic shifts in Europe, driven by a rise in life expectancy and a decline in fertility, have led to an ageing population and created a labour force gap that is projected to widen to ninety-five million people by 2050. Europe has an opportunity to bridge this gap by attracting Africa’s young, trained labour force with the right skill set. While Africa’s population is young, educated, and demanding jobs, it faces several challenges that prevent it from being fully immersed in the European labour market. Some of these challenges include skills mismatch, complex migration policies, requirements for recognition of qualifications, and de-linked labour markets. This paper recommends that linking labour mobility to green and digital transition, creating strategic bilateral partnerships between Europe and Africa, facilitating education platforms for knowledge sharing and imparting the right skills will open more opportunities for Europe to receive the right labour migrants and for Africa to provide more opportunities for its youth, creating a win-win game for the two continents.
{"title":"Enhancing Labour Mobility Amid Europe’s Transitions: Prospects for Europe - Africa Cooperation","authors":"A. Bisong, Pamela Eunice Ahairwe","doi":"10.54648/gtcj2024055","DOIUrl":"https://doi.org/10.54648/gtcj2024055","url":null,"abstract":"\u0000 Labour mobility between European and African countries constitutes several opportunities and challenges shaped by historical, demographic, economic, political, and policy factors. The current labour movements, however, transcend these historical ties to reflect contemporary world dynamics that are largely influenced by demographic shifts. Demographic shifts in Europe, driven by a rise in life expectancy and a decline in fertility, have led to an ageing population and created a labour force gap that is projected to widen to ninety-five million people by 2050. Europe has an opportunity to bridge this gap by attracting Africa’s young, trained labour force with the right skill set. While Africa’s population is young, educated, and demanding jobs, it faces several challenges that prevent it from being fully immersed in the European labour market. Some of these challenges include skills mismatch, complex migration policies, requirements for recognition of qualifications, and de-linked labour markets. This paper recommends that linking labour mobility to green and digital transition, creating strategic bilateral partnerships between Europe and Africa, facilitating education platforms for knowledge sharing and imparting the right skills will open more opportunities for Europe to receive the right labour migrants and for Africa to provide more opportunities for its youth, creating a win-win game for the two continents.\u0000","PeriodicalId":12728,"journal":{"name":"Global Trade and Customs Journal","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2024-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141710175","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The utilization of subsidies has increased recently due to several factors such as the COVID-19 pandemic and the war in Ukraine. Despite the economic and social justification of the provision of subsidies, there have been increasing debates. This paper analyses the trade implications of the increase in global subsidies on African trade. To better understand the nature and scale of these implications, we provide a review of the international disciplines on subsidies as well as the economics of subsidies. Relying on stylized facts, we demonstrate that the increase in subsidies by developed and emerging countries has depressed the world cotton price and trade performance in Africa. We recognize the important role played by well-designed subsidies. However, harmful subsidies like cotton subsidies should be substantially downscaled or removed. To that end, reforming agricultural subsidies becomes a necessity as it holds the potential to reduce income inequality. Further, governments should work closely with the World Trade Organization (WTO) to clarify and strengthen international disciplines on subsidies. Moreover, we suggest that the WTO should adopt stricter supervision of developed and emerging countries’ subsidies process and a more transparent notification process.
{"title":"Increase in Global Subsidies and Trade in Africa: Challenges and Opportunities","authors":"S. Karingi, Moukaila Mouzamilou Takpara","doi":"10.54648/gtcj2024054","DOIUrl":"https://doi.org/10.54648/gtcj2024054","url":null,"abstract":"\u0000 The utilization of subsidies has increased recently due to several factors such as the COVID-19 pandemic and the war in Ukraine. Despite the economic and social justification of the provision of subsidies, there have been increasing debates. This paper analyses the trade implications of the increase in global subsidies on African trade. To better understand the nature and scale of these implications, we provide a review of the international disciplines on subsidies as well as the economics of subsidies. Relying on stylized facts, we demonstrate that the increase in subsidies by developed and emerging countries has depressed the world cotton price and trade performance in Africa. We recognize the important role played by well-designed subsidies. However, harmful subsidies like cotton subsidies should be substantially downscaled or removed. To that end, reforming agricultural subsidies becomes a necessity as it holds the potential to reduce income inequality. Further, governments should work closely with the World Trade Organization (WTO) to clarify and strengthen international disciplines on subsidies. Moreover, we suggest that the WTO should adopt stricter supervision of developed and emerging countries’ subsidies process and a more transparent notification process.\u0000","PeriodicalId":12728,"journal":{"name":"Global Trade and Customs Journal","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2024-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141707053","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Envisioning a future shaped by a youthful demographic, swift urbanization, climate change dynamics, expanding digital capabilities, and entrepreneurial innovation, Africa holds enormous potential for trade-led growth. To accomplish this vision, both opportunities and challenges lie ahead across the supply chains of the African continent. The key to integrating Africa into global supply chains lies in striking the right balance between leveraging opportunities and addressing challenges. This requires innovative solutions and adapted regulations to ensure sustainable and inclusive economic development across the continent.
{"title":"Global Supply Chains: Opportunities and Challenges for Africa","authors":"Ludovica Poponcini","doi":"10.54648/gtcj2024060","DOIUrl":"https://doi.org/10.54648/gtcj2024060","url":null,"abstract":"\u0000 Envisioning a future shaped by a youthful demographic, swift urbanization, climate change dynamics, expanding digital capabilities, and entrepreneurial innovation, Africa holds enormous potential for trade-led growth. To accomplish this vision, both opportunities and challenges lie ahead across the supply chains of the African continent. The key to integrating Africa into global supply chains lies in striking the right balance between leveraging opportunities and addressing challenges. This requires innovative solutions and adapted regulations to ensure sustainable and inclusive economic development across the continent.\u0000","PeriodicalId":12728,"journal":{"name":"Global Trade and Customs Journal","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2024-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141707720","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Africa has enormous untapped potential in the maritime and logistics services sector. This provides the continent with the ability to take advantage of the opportunities presented by the African Continental Free Trade Area (AfCFTA) to develop the sector through an ecosystem approach to facilitate intra-Africa trade and socio-economic development. With one-third of African countries being landlocked and a few island states, maritime transport is a key determinant of Africa’s trade competitiveness, enabling effective access to shipping services and port networks. Maritime trade in Africa is currently shaped by the continent’s concentration on commodities and limited diversification. To position the maritime sector as a key enabler of intra–African trade, AfCFTA States must offer maritime services commitments, and conclude comprehensive regulatory frameworks in maritime services that allow industry development. This will spur growth in economic activities, create jobs and increase trade in manufactures and agribusiness. It will also enable the continent to further industrialise and develop its promised regional value chains (RVCs). Delivering on this promise means Africa must also address challenges including port infrastructure and connectivity, sustainability issues, ship ownership and registration, access by landlocked states, and digitalization. National policy and regulatory alignment with sector commitments would complete the picture.
{"title":"Positioning African Maritime Services as Key Enablers of the Emerging Single African Market","authors":"Beatrice Chaytor, Ify Ogo","doi":"10.54648/gtcj2024056","DOIUrl":"https://doi.org/10.54648/gtcj2024056","url":null,"abstract":"\u0000 Africa has enormous untapped potential in the maritime and logistics services sector. This provides the continent with the ability to take advantage of the opportunities presented by the African Continental Free Trade Area (AfCFTA) to develop the sector through an ecosystem approach to facilitate intra-Africa trade and socio-economic development. With one-third of African countries being landlocked and a few island states, maritime transport is a key determinant of Africa’s trade competitiveness, enabling effective access to shipping services and port networks. Maritime trade in Africa is currently shaped by the continent’s concentration on commodities and limited diversification. To position the maritime sector as a key enabler of intra–African trade, AfCFTA States must offer maritime services commitments, and conclude comprehensive regulatory frameworks in maritime services that allow industry development. This will spur growth in economic activities, create jobs and increase trade in manufactures and agribusiness. It will also enable the continent to further industrialise and develop its promised regional value chains (RVCs). Delivering on this promise means Africa must also address challenges including port infrastructure and connectivity, sustainability issues, ship ownership and registration, access by landlocked states, and digitalization. National policy and regulatory alignment with sector commitments would complete the picture.\u0000","PeriodicalId":12728,"journal":{"name":"Global Trade and Customs Journal","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2024-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141692189","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Asia Pacific has undergone substantial economic growth and trade integration, yet food and nutrition security challenges persist. Different forms of malnutrition, including undernutrition, micronutrient deficiencies, and a rising prevalence of obesity and diet-related diseases, impose significant human and economic costs. This paper examines the opportunities to more strategically leverage regional agricultural trade policy to improve access to diverse, nutritious, and safe foods. Amid urbanization and dietary changes associated with income growth, demand for imported foods is rising across Asia. Meanwhile, pockets of food insecurity and nutritional inadequacy remain, especially among marginalized groups. Trade has potential to enhance year-round availability and affordability of fruits, vegetables, livestock products, and processed fortified foods to support nutritional diversity. However, proactive policy efforts are essential to build nutrition sensitivity. This analysis indicates that expanding regional trade networks, reducing transaction costs, upgrading value chains, utilizing food fortification, leveraging foreign investment strategically, and incorporating nutritional objectives within policy frameworks could significantly improve availability, affordability, diversity and safety of diets. But complementary investments in health systems, infrastructure, social protection, and women’s empowerment are equally critical given the multifaceted determinants of malnutrition. The present findings point to high potential nutrition and food security synergies from closer coordination between trade, health, agriculture and development policy realms. Mainstreaming nutrition across initiatives, assessing dietary impacts, and aligning incentives for food companies with public health goals are identified as priorities alongside value chain development for nutritious commodities. Further research should quantify expected nutrition outcomes of specific trade reforms. Overall, integrating nutrition sensitivity into Asia Pacific’s dynamic agricultural trade growth represents a promising opportunity to enable healthier, sustainable food systems across this populous region.
{"title":"A Review of Trade Challenges and Nutritional Opportunities in Asia Pacific","authors":"Muhammad Zeshan","doi":"10.54648/gtcj2024062","DOIUrl":"https://doi.org/10.54648/gtcj2024062","url":null,"abstract":"\u0000 Asia Pacific has undergone substantial economic growth and trade integration, yet food and nutrition security challenges persist. Different forms of malnutrition, including undernutrition, micronutrient deficiencies, and a rising prevalence of obesity and diet-related diseases, impose significant human and economic costs. This paper examines the opportunities to more strategically leverage regional agricultural trade policy to improve access to diverse, nutritious, and safe foods. Amid urbanization and dietary changes associated with income growth, demand for imported foods is rising across Asia. Meanwhile, pockets of food insecurity and nutritional inadequacy remain, especially among marginalized groups. Trade has potential to enhance year-round availability and affordability of fruits, vegetables, livestock products, and processed fortified foods to support nutritional diversity. However, proactive policy efforts are essential to build nutrition sensitivity. This analysis indicates that expanding regional trade networks, reducing transaction costs, upgrading value chains, utilizing food fortification, leveraging foreign investment strategically, and incorporating nutritional objectives within policy frameworks could significantly improve availability, affordability, diversity and safety of diets. But complementary investments in health systems, infrastructure, social protection, and women’s empowerment are equally critical given the multifaceted determinants of malnutrition. The present findings point to high potential nutrition and food security synergies from closer coordination between trade, health, agriculture and development policy realms. Mainstreaming nutrition across initiatives, assessing dietary impacts, and aligning incentives for food companies with public health goals are identified as priorities alongside value chain development for nutritious commodities. Further research should quantify expected nutrition outcomes of specific trade reforms. Overall, integrating nutrition sensitivity into Asia Pacific’s dynamic agricultural trade growth represents a promising opportunity to enable healthier, sustainable food systems across this populous region.\u0000","PeriodicalId":12728,"journal":{"name":"Global Trade and Customs Journal","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2024-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141716089","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The EU Green Deal and its host of accompanying trade measures have put its trading partners on the defense, scrambling to find the right policy response. The approach adopted by many developing countries and Least-Developed Countries (LDCs) is mostly reactive. This article argues that for the EU Green Deal to be used as a development tool, EU trading partners must go beyond reacting to EU green trade measures, and instead adopt a proactive approach. This would effectively entail linking a changing EU market economy that is increasingly focused on sustainability objectives, to development and climate priorities in the EU trading partner. This article illustrates what a proactive approach to the EU Green Deal could look like for African countries, with a focus on the EU Ecodesign for Sustainable Products Regulation (ESPR) and the Critical Raw Materials Act (CRMA). It further puts forth the argument for leveraging legal frameworks such as the African Continental Free Trade Area (AfCFTA), and charts policies that serve African interests. For both the ESPR and CRMA, this article makes policy recommendations that African countries may consider when framing domestic policy approaches, well as in their engagements with international partners.
{"title":"Responding to the EU Green Deal: A Proactive Approach to Trade and Green Industrial Policy in Africa","authors":"Colette van der Ven, Sunayana Sasmal","doi":"10.54648/gtcj2024057","DOIUrl":"https://doi.org/10.54648/gtcj2024057","url":null,"abstract":"\u0000 The EU Green Deal and its host of accompanying trade measures have put its trading partners on the defense, scrambling to find the right policy response. The approach adopted by many developing countries and Least-Developed Countries (LDCs) is mostly reactive. This article argues that for the EU Green Deal to be used as a development tool, EU trading partners must go beyond reacting to EU green trade measures, and instead adopt a proactive approach. This would effectively entail linking a changing EU market economy that is increasingly focused on sustainability objectives, to development and climate priorities in the EU trading partner. This article illustrates what a proactive approach to the EU Green Deal could look like for African countries, with a focus on the EU Ecodesign for Sustainable Products Regulation (ESPR) and the Critical Raw Materials Act (CRMA). It further puts forth the argument for leveraging legal frameworks such as the African Continental Free Trade Area (AfCFTA), and charts policies that serve African interests. For both the ESPR and CRMA, this article makes policy recommendations that African countries may consider when framing domestic policy approaches, well as in their engagements with international partners.\u0000","PeriodicalId":12728,"journal":{"name":"Global Trade and Customs Journal","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2024-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141704790","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The adoption, on 21 June 2023, of the eleventh package of sanctions in response to Russia’s on-going military aggression against Ukraine marks an important milestone in the EU sanctions’ practice. These measures, further strengthened by the adoption of the twelfth package of sanctions on 18 December 2023, aim to effectively prevent and combat the circumvention of existing trade sanctions, potentially extending the extraterritorial reach of European sanctions. This article aims to analyse the extent to which this application of extraterritoriality, targeting entities beyond the EU’s jurisdiction, may raise concerns regarding the EU’s compliance with established rules and limitations under international law regarding prescriptive jurisdiction. Firstly, the article provides an overview of the background and content of these new measures, as well as their relationship with the EU’s sanctions regime imposed on Russia since February 2022. Subsequently, it examines the issue of the extraterritorial application of the new ‘anti-circumvention rules’ and the extent to which the EU has gradually embraced a broader (or ‘hard’) understanding of extraterritoriality within the domain of sanctions. It is noteworthy to consider the surprising nature of this development, as the EU has consistently expressed opposition to similar measures when implemented by the US.
{"title":"The EU 11th and 12th Packages of Sanctions Against Russia: How Far is the EU Willing to Go Extraterritorially?","authors":"Stefano Silingardi","doi":"10.54648/gtcj2024063","DOIUrl":"https://doi.org/10.54648/gtcj2024063","url":null,"abstract":"\u0000 The adoption, on 21 June 2023, of the eleventh package of sanctions in response to Russia’s on-going military aggression against Ukraine marks an important milestone in the EU sanctions’ practice. These measures, further strengthened by the adoption of the twelfth package of sanctions on 18 December 2023, aim to effectively prevent and combat the circumvention of existing trade sanctions, potentially extending the extraterritorial reach of European sanctions. This article aims to analyse the extent to which this application of extraterritoriality, targeting entities beyond the EU’s jurisdiction, may raise concerns regarding the EU’s compliance with established rules and limitations under international law regarding prescriptive jurisdiction. Firstly, the article provides an overview of the background and content of these new measures, as well as their relationship with the EU’s sanctions regime imposed on Russia since February 2022. Subsequently, it examines the issue of the extraterritorial application of the new ‘anti-circumvention rules’ and the extent to which the EU has gradually embraced a broader (or ‘hard’) understanding of extraterritoriality within the domain of sanctions. It is noteworthy to consider the surprising nature of this development, as the EU has consistently expressed opposition to similar measures when implemented by the US.\u0000","PeriodicalId":12728,"journal":{"name":"Global Trade and Customs Journal","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2024-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141689595","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Digital sovereignty has become a buzz concept in framing countries’ ability to control and benefit from the digital economy. With the current speed of technological advancement, countries’ ability to innovate and develop enabling domestic digital ecosystems will determine which nations will reap the digital dividends and which will be pushed further into the periphery. In this article, we examine the distinct approaches adopted by the United States (US), China, and the European Union (EU). We elucidate the multifaceted dimensions of digital sovereignty, which encompasses, inter alia, regulatory frameworks; physical infrastructure, networks, and technology; and data governance. It is within this context that we explore the implications of these strategies on African countries, shedding light on the dynamics of influence and control in the digital realm. While African countries are entering an ongoing race, initiatives like the Digital Trade Protocol of the African Continental Free Trade Area (AfCFTA) provide impetus and opportunity. Specifically, to insulate themselves from outside influence and control and to collectively cultivate an African digital agenda that will propel the continent’s economic development and influence in the digital sphere.
{"title":"Navigating Digital Sovereignty: Implications for African Countries","authors":"Kholofelo N. Kugler, Rutendo Tavengerwei","doi":"10.54648/gtcj2024058","DOIUrl":"https://doi.org/10.54648/gtcj2024058","url":null,"abstract":"\u0000 Digital sovereignty has become a buzz concept in framing countries’ ability to control and benefit from the digital economy. With the current speed of technological advancement, countries’ ability to innovate and develop enabling domestic digital ecosystems will determine which nations will reap the digital dividends and which will be pushed further into the periphery. In this article, we examine the distinct approaches adopted by the United States (US), China, and the European Union (EU). We elucidate the multifaceted dimensions of digital sovereignty, which encompasses, inter alia, regulatory frameworks; physical infrastructure, networks, and technology; and data governance. It is within this context that we explore the implications of these strategies on African countries, shedding light on the dynamics of influence and control in the digital realm. While African countries are entering an ongoing race, initiatives like the Digital Trade Protocol of the African Continental Free Trade Area (AfCFTA) provide impetus and opportunity. Specifically, to insulate themselves from outside influence and control and to collectively cultivate an African digital agenda that will propel the continent’s economic development and influence in the digital sphere.\u0000","PeriodicalId":12728,"journal":{"name":"Global Trade and Customs Journal","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2024-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141706376","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The Commission proposal for a reformed Union Customs Code (R-UCC) foresees, besides replacing national customs clearance systems by an EU Customs Data Hub, managed by an EU Customs Authority, a shift of the responsibility from the declarant and holder of a customs procedure to the importer or exporter, i.e., the person determining that the goods are brought into or out of the EU. In its Impact Assessment, and briefly in its explanatory introduction to the proposal, the Commission has analysed and explained the consequences of this shift with regard to standard imports and exports, not, however, with regard to the special procedures, such as transit, customs warehousing and inward processing. The author has therefore completed this missing analysis with the result that the concept of a single liable importer or exporter could work if there existed only a single procedure for import and export. However, the reality is that often several actors are involved in an import/export process with different procedures and processes following each other; these persons may be, besides the carrier, the temporary storage operator, the transit operator, the operator and the user of a customs warehouse, until the goods are finally released for free circulation or export by, or on behalf of, the actual importer or exporter. Furthermore, the focus on the importer and exporter has resulted in a certain neglect of the role of intermediaries in the supply chain, such as customs and logistics service providers, whose services are vital for many small and medium sized companies (SMEs) that cannot afford their own specialized customs staff and IT systems for the handing of imports and exports.
欧盟委员会关于改革《欧盟海关法典》（R-UCC）的建议，除了用一个由欧盟海关当局 管理的欧盟海关数据中心取代国家清关系统外，还将责任从海关手续的申报人和持有 人转移到进口商或出口商，即决定将货物带入或带出欧盟的人。欧盟委员会在其影响评估报告中，以及在提案的解释性导言中，对这一转变在标准进出口方面的后果进行了分析和解释，但没有对特殊程序，如过境、海关仓储和内向加工等进行分析和解释。因此，作者完成了这一缺失的分析，得出的结果是，如果只有单一的进出口程序，单一责任进口商或出口商的概念是可行的。然而，现实情况是，在一个进出口过程中，往往有多个行为者参与其中，不同的程序和流程相互衔接；这些人可能是承运人、临时储存经营人、过境经营人、海关仓库的经营人和使用者，直到货物最终由实际进口商或出口商或其代表放行供自由流通或出口。此外，对进口商和出口商的关注在一定程度上忽视了供应链中中间商的作用，如海关和物流服务提供商，他们的服务对许多中小型公司（SMEs）来说至关重要，因为这些公司无力负担自己的专业海关人员和处理进出口业务的 IT 系统。
{"title":"Special Procedures the Responsible Person(s): What Would Change under the EU Commission’s Reform Proposal?","authors":"Michael Lux","doi":"10.54648/gtcj2024064","DOIUrl":"https://doi.org/10.54648/gtcj2024064","url":null,"abstract":"\u0000 The Commission proposal for a reformed Union Customs Code (R-UCC) foresees, besides replacing national customs clearance systems by an EU Customs Data Hub, managed by an EU Customs Authority, a shift of the responsibility from the declarant and holder of a customs procedure to the importer or exporter, i.e., the person determining that the goods are brought into or out of the EU. In its Impact Assessment, and briefly in its explanatory introduction to the proposal, the Commission has analysed and explained the consequences of this shift with regard to standard imports and exports, not, however, with regard to the special procedures, such as transit, customs warehousing and inward processing. The author has therefore completed this missing analysis with the result that the concept of a single liable importer or exporter could work if there existed only a single procedure for import and export. However, the reality is that often several actors are involved in an import/export process with different procedures and processes following each other; these persons may be, besides the carrier, the temporary storage operator, the transit operator, the operator and the user of a customs warehouse, until the goods are finally released for free circulation or export by, or on behalf of, the actual importer or exporter. Furthermore, the focus on the importer and exporter has resulted in a certain neglect of the role of intermediaries in the supply chain, such as customs and logistics service providers, whose services are vital for many small and medium sized companies (SMEs) that cannot afford their own specialized customs staff and IT systems for the handing of imports and exports.\u0000","PeriodicalId":12728,"journal":{"name":"Global Trade and Customs Journal","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2024-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141690579","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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