This first part of the commentary on the panel decision in United States - Safeguard on Large Residential Washing Machines provides a summary and views on three issues addressed by the panel: the treatment of unforeseen developments (and the effect of obligations incurred under the GATT), the definition of the domestic industry, and the assessment of increased imports. The panel addressed these issues by relying extensively on the standard of review envisaged for the assessment of safeguard-related claims: the review of the existence of reasoned and adequate explanations. The panel also favoured consistency between the categories defined for the different instances of investigation. unforeseen developments, domestic industry, increased imports, reasoned and adequate explanation, safeguard on washers
{"title":"Article: The WTO Panel Report in United States - Safeguard on Washers (Part I)","authors":"Fernando Piérola-Castro","doi":"10.54648/gtcj2023014","DOIUrl":"https://doi.org/10.54648/gtcj2023014","url":null,"abstract":"This first part of the commentary on the panel decision in United States - Safeguard on Large Residential Washing Machines provides a summary and views on three issues addressed by the panel: the treatment of unforeseen developments (and the effect of obligations incurred under the GATT), the definition of the domestic industry, and the assessment of increased imports. The panel addressed these issues by relying extensively on the standard of review envisaged for the assessment of safeguard-related claims: the review of the existence of reasoned and adequate explanations. The panel also favoured consistency between the categories defined for the different instances of investigation.\u0000unforeseen developments, domestic industry, increased imports, reasoned and adequate explanation, safeguard on washers","PeriodicalId":12728,"journal":{"name":"Global Trade and Customs Journal","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44617298","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}
On 14 September 2022, the European Commission presented a proposal for a Regulation (Proposal for a Regulation of the European Parliament and of the Council banning products made with forced labour on the Union market, COM (2022) 453 final of 14 September 2022, https://eurlex. europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52022PC0453) aimed at banning from the EU market products made with forced labour. The proposal – which concerns both imported products and those manufactured in the Union territory to be destined for internal consumption or export and does not focus on specific types of enterprises, thus also affecting very small ones – will now have to be discussed and approved by the European Union Parliament and Council to become an effective legislative act and will apply after twenty-four months from its entry into force. The Regulation Proposal of the European Commission appears to be wide-ranging, and doesn’t identify – at least in this first phase – specific product categories or certain producer countries, unlike what was decided by other countries (For example, the United States of America, in the framework of the bans on the import of goods made with forced labour, on 21 June 2022 adopted the Uyghur Forced Labor Prevention Act (UFLPA), which tightens the ban on imports into the USA for products made with forced labour in China, particularly in the Xinjiang Uyghur Autonomous Region). The most immediate effect of the desirable approval of the Proposal in question will be represented, for Union economic operators, by the need to carry out even more careful due diligence on supply chains and, more generally, on the reliability of their suppliers, in order to mitigate the risks of placing on the market products obtained by resorting to modern slavery. Forced labour, Regulation, Importer, Exporter, Slavery, Products, Manufactured, Ban, Market, Work conditions
2022年9月14日，欧盟委员会提交了一项法规提案(欧洲议会和理事会禁止在欧盟市场上使用强迫劳动生产的产品的法规提案，COM (2022) 453 final of 2022年9月14日，https://eurlex)。europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52022PC0453)，旨在禁止强迫劳动生产的产品进入欧盟市场。这项建议- -既涉及进口产品，也涉及在联盟领土内生产的用于国内消费或出口的产品- -并不侧重于特定类型的企业，因此也影响到非常小的企业- -现在必须由欧洲联盟议会和理事会讨论和批准，以成为一项有效的立法行为，并将在其生效后24个月后实施。欧盟委员会的监管提案似乎涉及范围很广，至少在第一阶段没有确定具体的产品类别或某些生产国，这与其他国家的决定不同(例如，美利坚合众国在禁止进口强迫劳动制造的商品的框架下，于2022年6月21日通过了《维吾尔族强迫劳动预防法》(UFLPA))。该法案收紧了对从中国(尤其是新疆维吾尔自治区)强迫劳动生产的产品进口到美国的禁令。对于欧盟经济运营商来说，该提案获得批准的最直接影响是需要对供应链进行更仔细的尽职调查，更广泛地说，是对供应商的可靠性进行尽职调查，以减轻将通过诉诸现代奴隶制获得的产品投放市场的风险。强迫劳动，法规，进口商，出口商，奴役，产品，制造，禁令，市场，工作条件
{"title":"Article: The European Commission Proposes a Regulation to Ban Products Made With Forced Labour","authors":"Alessandro Fruscione","doi":"10.54648/gtcj2023013","DOIUrl":"https://doi.org/10.54648/gtcj2023013","url":null,"abstract":"On 14 September 2022, the European Commission presented a proposal for a Regulation (Proposal for a Regulation of the European Parliament and of the Council banning products made with forced labour on the Union market, COM (2022) 453 final of 14 September 2022, https://eurlex. europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52022PC0453) aimed at banning from the EU market products made with forced labour.\u0000The proposal – which concerns both imported products and those manufactured in the Union territory to be destined for internal consumption or export and does not focus on specific types of enterprises, thus also affecting very small ones – will now have to be discussed and approved by the European Union Parliament and Council to become an effective legislative act and will apply after twenty-four months from its entry into force. The Regulation Proposal of the European Commission appears to be wide-ranging, and doesn’t identify – at least in this first phase – specific product categories or certain producer countries, unlike what was decided by other countries (For example, the United States of America, in the framework of the bans on the import of goods made with forced labour, on 21 June 2022 adopted the Uyghur Forced Labor Prevention Act (UFLPA), which tightens the ban on imports into the USA for products made with forced labour in China, particularly in the Xinjiang Uyghur Autonomous Region). The most immediate effect of the desirable approval of the Proposal in question will be represented, for Union economic operators, by the need to carry out even more careful due diligence on supply chains and, more generally, on the reliability of their suppliers, in order to mitigate the risks of placing on the market products obtained by resorting to modern slavery.\u0000Forced labour, Regulation, Importer, Exporter, Slavery, Products, Manufactured, Ban, Market, Work conditions","PeriodicalId":12728,"journal":{"name":"Global Trade and Customs Journal","volume":"1 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71142461","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}
Business sectors around the globe have recently seen rapid changes in the corporate world due to the ongoing pandemic. To financially and economically survive and strengthen their current footprints, businesses have merged and acquired other companies nationally and internationally. This article argues that whilst signing or negotiating an international or national transaction deal, the importance of Customs Law is significant, and should not be underestimated, as non-compliance of Customs Law by the target entity historically may serve significant risk to conclusion of a merger and acquisition deal in certain circumstances. The article discusses the scope of customs due diligence within the specific provisions of the Gulf Cooperation Council (GCC) Common Customs Law (applicable in the United Arab Emirates) and presents the consequences of non-compliance with the Customs Law. The article also presents some suggestions to avoid the trade related issues which may eventually turn into a merger and acquisition deal breaker, if not addressed appropriately. Customs Law, International Trade Law, Free Trade Agreement, Origin, Tariff Classification, Customs valuation, United Arab Emirates
{"title":"Article: Customs Law: Deal Maker or Breaker in Mergers & Acquistions? The UAE Perspective","authors":"Atia Hussain, Zain Satardien, W. ElKelish","doi":"10.54648/gtcj2023011","DOIUrl":"https://doi.org/10.54648/gtcj2023011","url":null,"abstract":"Business sectors around the globe have recently seen rapid changes in the corporate world due to the ongoing pandemic. To financially and economically survive and strengthen their current footprints, businesses have merged and acquired other companies nationally and internationally. This article argues that whilst signing or negotiating an international or national transaction deal, the importance of Customs Law is significant, and should not be underestimated, as non-compliance of Customs Law by the target entity historically may serve significant risk to conclusion of a merger and acquisition deal in certain circumstances. The article discusses the scope of customs due diligence within the specific provisions of the Gulf Cooperation Council (GCC) Common Customs Law (applicable in the United Arab Emirates) and presents the consequences of non-compliance with the Customs Law. The article also presents some suggestions to avoid the trade related issues which may eventually turn into a merger and acquisition deal breaker, if not addressed appropriately.\u0000Customs Law, International Trade Law, Free Trade Agreement, Origin, Tariff Classification, Customs valuation, United Arab Emirates","PeriodicalId":12728,"journal":{"name":"Global Trade and Customs Journal","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42625381","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}
In January 2020 the Internatoinal Maritime Organisation (IMO) imposed, down from 3.5% m/m, a new limit of 0.50% m/m Sulphur limit from exhaust gases originating from commercial vessels. This new standard forced the maritime industry to switch to compliant fuels (such as Very Low Sulphur Fuel Oil (VLSFO) and ultra-low sulphur fuel oil (ULSFO) blends) or use an exhaust gas cleaning system (EGCS). Although there may be a consensus that this is a good thing, achievement of benefits has created contractual challenges for the industry. Responsibilities are divided between shipowner and charterer through forming a voyage charter, a time charter, or a bareboat charter (BBC). Baltic and International Maritime Council (BIMCO) and Intertanko provide standard contracts allocating the responsibilities of compliance with IMO Sulphur regulations between shipowner and charterer under the time charter. The compliance obligations under the voyage charterparty and BBC are still unaddressed. Here, we address them and offer an allocation of the responsibility. Charterparty, VLSFO, EGCS, contract, obligation, fixtures, Sulphur
{"title":"Article: Green Shipping and Trade: Allocating Costs of the IMO Sulphur Regulation 2020","authors":"Abhay Singh, S. Shanthakumar","doi":"10.54648/gtcj2023012","DOIUrl":"https://doi.org/10.54648/gtcj2023012","url":null,"abstract":"In January 2020 the Internatoinal Maritime Organisation (IMO) imposed, down from 3.5% m/m, a new limit of 0.50% m/m Sulphur limit from exhaust gases originating from commercial vessels. This new standard forced the maritime industry to switch to compliant fuels (such as Very Low Sulphur Fuel Oil (VLSFO) and ultra-low sulphur fuel oil (ULSFO) blends) or use an exhaust gas cleaning system (EGCS). Although there may be a consensus that this is a good thing, achievement of benefits has created contractual challenges for the industry. Responsibilities are divided between shipowner and charterer through forming a voyage charter, a time charter, or a bareboat charter (BBC). Baltic and International Maritime Council (BIMCO) and Intertanko provide standard contracts allocating the responsibilities of compliance with IMO Sulphur regulations between shipowner and charterer under the time charter. The compliance obligations under the voyage charterparty and BBC are still unaddressed. Here, we address them and offer an allocation of the responsibility.\u0000Charterparty, VLSFO, EGCS, contract, obligation, fixtures, Sulphur","PeriodicalId":12728,"journal":{"name":"Global Trade and Customs Journal","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42148760","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}
Customs brokers perform an essential service in assisting global traders in dealing with the complexity of global trade as well as the numerous associated compliances. These services are impacted by customs legislation that must be adhered to for an importer or exporter to trade. This article addresses the evolving role, scope of services, compliances, risks and liabilities of clearing agents currently found in the Customs and Excise Act No 91 of 1964 (C&E Act) and those of the newly termed customs brokers as provided for in the New Customs Control Act No 31 of 2014 (CCA) and the New Duty Act no. 30 of 2014. This vital role that customs brokers fulfil is examined and compared within both new and in-force legislative frameworks. An examination of the evolving legislative landscape and the impact on services is also evaluated and discussed to establish their roles in accordance with global instruments. South Africa has been greatly steered by the World Customs Organization (WCO) and by how brokers operate internationally. The findings of this study show that customs brokers’ procedures will be affected given their nominated role in the trade process. A dearth of infrastructure and a lack of training are potential hindrances to the implementation of proposed legislation. Custom brokers, South Africa, Customs Act
{"title":"A Comparative Analysis of South African Current and Proposed Customs Legislation for Customs Brokers","authors":"Joy W. Moodley, Sanele Gumede","doi":"10.54648/gtcj2023005","DOIUrl":"https://doi.org/10.54648/gtcj2023005","url":null,"abstract":"Customs brokers perform an essential service in assisting global traders in dealing with the complexity of global trade as well as the numerous associated compliances. These services are impacted by customs legislation that must be adhered to for an importer or exporter to trade. This article addresses the evolving role, scope of services, compliances, risks and liabilities of clearing agents currently found in the Customs and Excise Act No 91 of 1964 (C&E Act) and those of the newly termed customs brokers as provided for in the New Customs Control Act No 31 of 2014 (CCA) and the New Duty Act no. 30 of 2014. This vital role that customs brokers fulfil is examined and compared within both new and in-force legislative frameworks. An examination of the evolving legislative landscape and the impact on services is also evaluated and discussed to establish their roles in accordance with global instruments. South Africa has been greatly steered by the World Customs Organization (WCO) and by how brokers operate internationally. The findings of this study show that customs brokers’ procedures will be affected given their nominated role in the trade process. A dearth of infrastructure and a lack of training are potential hindrances to the implementation of proposed legislation.\u0000Custom brokers, South Africa, Customs Act","PeriodicalId":12728,"journal":{"name":"Global Trade and Customs Journal","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44527141","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 Southern African Customs Union (SACU) prioritizes trade facilitation as one of its primary objectives in its founding Agreement (Article 2 (a)), implementing programmes to increase trade through expedited movement, and release and clearance of goods in the region. The oldest Customs Union in the world anticipated increased trade-flows following the entry into force and implementation of the progressive World Trade Organization’s Trade Facilitation Agreement (WTO TFA), and operation of the African Continental Free Trade Agreement (AfCFTA). Its aspirations, however, were dampened by the Covid-19 pandemic, which presented supply side challenges and slowed customs processes. Members introduced critical legislative measures to reduce or stop the spread of coronavirus disease (COVID-19) and initiate needed trade-facilitations interventions at a national and regional level. SACU also played a role in this regard, albeit a minimal one, through Council decisions. This raises the question of the SACU’s effectiveness, or ineffectiveness, its relevance in its functions, institutional structural readiness to address pandemics and regional emergencies, and future role it will play in this regard. This article examines trade-facilitation related responses from the institution following the outbreak of the pandemic, and adequacies/inadequacies of the said measures. The article, lastly, proposes trade-facilitation related approaches the SACU could adopt to improve efficiency for future pandemics and other global emergencies. SACU, Trade-Facilitation, Customs, Covid-19, Southern-Africa, Africa, AfCFTA, WTO, WCO, Tariff
{"title":"SACU and Trade Facilitation: A Post-Covid Pandemic Legal Analysis for Improved Efficiency","authors":"Mbakiso Magwape","doi":"10.54648/gtcj2023007","DOIUrl":"https://doi.org/10.54648/gtcj2023007","url":null,"abstract":"The Southern African Customs Union (SACU) prioritizes trade facilitation as one of its primary objectives in its founding Agreement (Article 2 (a)), implementing programmes to increase trade through expedited movement, and release and clearance of goods in the region. The oldest Customs Union in the world anticipated increased trade-flows following the entry into force and implementation of the progressive World Trade Organization’s Trade Facilitation Agreement (WTO TFA), and operation of the African Continental Free Trade Agreement (AfCFTA). Its aspirations, however, were dampened by the Covid-19 pandemic, which presented supply side challenges and slowed customs processes. Members introduced critical legislative measures to reduce or stop the spread of coronavirus disease (COVID-19) and initiate needed trade-facilitations interventions at a national and regional level. SACU also played a role in this regard, albeit a minimal one, through Council decisions. This raises the question of the SACU’s effectiveness, or ineffectiveness, its relevance in its functions, institutional structural readiness to address pandemics and regional emergencies, and future role it will play in this regard. This article examines trade-facilitation related responses from the institution following the outbreak of the pandemic, and adequacies/inadequacies of the said measures. The article, lastly, proposes trade-facilitation related approaches the SACU could adopt to improve efficiency for future pandemics and other global emergencies.\u0000SACU, Trade-Facilitation, Customs, Covid-19, Southern-Africa, Africa, AfCFTA, WTO, WCO, Tariff","PeriodicalId":12728,"journal":{"name":"Global Trade and Customs Journal","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47120652","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}
India and Bangladesh, the two neighbouring economies of South Asia, are at the centre of attraction in the foreign trade literature. The present article analyses the pattern of trade between India and Bangladesh before and after joining the South Asian Free Trade Area (SAFTA). The study covers twenty-five years, from 1996 to 2020 and used indices, namely, the Index of Revealed Comparative Advantage (RCA)Index, Trade Intensity Index (TII) and Trade Complementarity Index (TCI), to analyses the bilateral trade. Although Bangladesh has a relative comparative advantage in some of the products, India has a maximum comparative advantage in relatively more product groups. The index value of the TII is more than one for both countries during the study period, which means that the bilateral trade flows are highly intensive compared to their trading partner of the rest of the world. Furthermore, at the bilateral level, the index value of trade complementarity reflects a partial match between each country’s export supply and import demand because the value of indices stays between 0 and 100 during the entire study period. It also reflects that India’s export complementarity with Bangladesh is reciprocating, indicating growing trade demand for Indian product in Bangladesh’s market and India’s export supply becomes more compatible to meet imports demand of Bangladesh. India and Bangladesh have huge potential for bilateral trade, because they belong to Indian subcontinent, have geographical proximity, abundant natural resources and pursed similar policies towards achieving economic development. Neighbouring Countries, Bilateral Trade, Trade Intensity, Index of Revealed Comparative Advantage, Trade Complementarity, Trade Pattern, Exports, Imports JEL Classification: F10, F13, F14, F47
{"title":"Bilateral Trade Between India and Bangladesh: A Pre- and Post-SAFTA Period Analysis","authors":"Md. Kamrul Islam, Ashish Nath","doi":"10.54648/gtcj2023008","DOIUrl":"https://doi.org/10.54648/gtcj2023008","url":null,"abstract":"India and Bangladesh, the two neighbouring economies of South Asia, are at the centre of attraction in the foreign trade literature. The present article analyses the pattern of trade between India and Bangladesh before and after joining the South Asian Free Trade Area (SAFTA). The study covers twenty-five years, from 1996 to 2020 and used indices, namely, the Index of Revealed Comparative Advantage (RCA)Index, Trade Intensity Index (TII) and Trade Complementarity Index (TCI), to analyses the bilateral trade. Although Bangladesh has a relative comparative advantage in some of the products, India has a maximum comparative advantage in relatively more product groups. The index value of the TII is more than one for both countries during the study period, which means that the bilateral trade flows are highly intensive compared to their trading partner of the rest of the world. Furthermore, at the bilateral level, the index value of trade complementarity reflects a partial match between each country’s export supply and import demand because the value of indices stays between 0 and 100 during the entire study period. It also reflects that India’s export complementarity with Bangladesh is reciprocating, indicating growing trade demand for Indian product in Bangladesh’s market and India’s export supply becomes more compatible to meet imports demand of Bangladesh. India and Bangladesh have huge potential for bilateral trade, because they belong to Indian subcontinent, have geographical proximity, abundant natural resources and pursed similar policies towards achieving economic development.\u0000Neighbouring Countries, Bilateral Trade, Trade Intensity, Index of Revealed Comparative Advantage, Trade Complementarity, Trade Pattern, Exports, Imports JEL Classification: F10, F13, F14, F47","PeriodicalId":12728,"journal":{"name":"Global Trade and Customs Journal","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42456425","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 article analyses Vietnam’s commitment to implementing the Trade Facilitation Agreement (TFA) of the World Trade Organization (WTO) from a legal perspective. With the TFA’s importance in terms of trade effects, not to mention its binding scope for all WTO members, Vietnam has reasons to make every effort to complete the TFA’s commitments as soon as possible. Therefore, a review of Vietnamese law to align with the TFA’s obligations and commitments is essential and meaningful. Vietnam’s legal documents reviewed in this study have a direct impact on its foreign trade. Most of the TFA’s duties have already been codified in Vietnamese law, with just a small portion of the remaining specified obligations likely to be incorporated into domestic legal documents in the near future. Full compliance with the TFA, as well as practical implementation, would be a stepping stone toward a variety of benefits for Vietnam’s economic development. Vietnam, TFA, Customs law
{"title":"Vietnam’s Commitment to Implementing TFA: Perspectives in Customs Law","authors":"Hanh T Vu, H. Tran, Tuan S. Vu","doi":"10.54648/gtcj2023006","DOIUrl":"https://doi.org/10.54648/gtcj2023006","url":null,"abstract":"The article analyses Vietnam’s commitment to implementing the Trade Facilitation Agreement (TFA) of the World Trade Organization (WTO) from a legal perspective. With the TFA’s importance in terms of trade effects, not to mention its binding scope for all WTO members, Vietnam has reasons to make every effort to complete the TFA’s commitments as soon as possible. Therefore, a review of Vietnamese law to align with the TFA’s obligations and commitments is essential and meaningful. Vietnam’s legal documents reviewed in this study have a direct impact on its foreign trade. Most of the TFA’s duties have already been codified in Vietnamese law, with just a small portion of the remaining specified obligations likely to be incorporated into domestic legal documents in the near future. Full compliance with the TFA, as well as practical implementation, would be a stepping stone toward a variety of benefits for Vietnam’s economic development.\u0000Vietnam, TFA, Customs law","PeriodicalId":12728,"journal":{"name":"Global Trade and Customs Journal","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45830824","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}
View Book Review: The Law and Policy of the World Trade Organization: Text, Cases, and Materials, Peter Van den Bossche & Werner Zdouc. 5th ed. Cambridge: Cambridge University Press. 2021 by - Global Trade and Customs Journal
书评:《世界贸易组织的法律和政策:文本、案例和材料》，Peter Van den Bossche & Werner Zdouc，第5版，剑桥:剑桥大学出版社，2021年，全球贸易和海关杂志
{"title":"Book Review: The Law and Policy of the World Trade Organization: Text, Cases, and Materials, Peter Van den Bossche & Werner Zdouc. 5th ed. Cambridge: Cambridge University Press. 2021","authors":"Joao Otavio Benevides Demasi","doi":"10.54648/gtcj2023009","DOIUrl":"https://doi.org/10.54648/gtcj2023009","url":null,"abstract":"View Book Review: The Law and Policy of the World Trade Organization: Text, Cases, and Materials, Peter Van den Bossche & Werner Zdouc. 5th ed. Cambridge: Cambridge University Press. 2021 by - Global Trade and Customs Journal","PeriodicalId":12728,"journal":{"name":"Global Trade and Customs Journal","volume":"55 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135096245","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}
Drawback is a tool available to countries to promote their exports but also a measure that harms trade liberalization. This article argues that the no drawback rule in European Union preferential agreements does not apply when the exemption or reduction of duties derives from an EUR.1 or an origin declaration in application of that agreement. On the other hand, this reasoning cannot always be extended when the exemption of duties derives from the application of an inward processing regime. Therefore, an operator in the European Union will find more convenient and smoother to establish trade relations with operators located in countries with which the European Union has concluded preferential trade agreements. no drawback, origin, inward processing regime, preferential treatment, Approved Exporter, EUR.1
{"title":"The No Drawback Rule in EU Preferential Agreements","authors":"Patricio Galella","doi":"10.54648/gtcj2023003","DOIUrl":"https://doi.org/10.54648/gtcj2023003","url":null,"abstract":"Drawback is a tool available to countries to promote their exports but also a measure that harms trade liberalization. This article argues that the no drawback rule in European Union preferential agreements does not apply when the exemption or reduction of duties derives from an EUR.1 or an origin declaration in application of that agreement. On the other hand, this reasoning cannot always be extended when the exemption of duties derives from the application of an inward processing regime. Therefore, an operator in the European Union will find more convenient and smoother to establish trade relations with operators located in countries with which the European Union has concluded preferential trade agreements.\u0000no drawback, origin, inward processing regime, preferential treatment, Approved Exporter, EUR.1","PeriodicalId":12728,"journal":{"name":"Global Trade and Customs Journal","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45430168","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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