The initiative on Trade and Environmental Sustainability Structured Discussions (TESSD) was launched in 2020, as part of an ambitious WTO package to gain worldwide relevance on the conversation on trade and environment. It has been portrayed as a non-negotiating initiative, conceived to encourage discussion and transparency over a wide number of topics. In its three years of existence, it has gained popularity and its discussions became more technical and focused; it is expected to deliver a Ministerial Declaration in the forthcoming thirteenth WTO Ministerial Conference. This paper questions whether the WTO acquis is suitable to deal with what we consider the two main aspects of sustainable trade: trade facilitation of sustainable goods and services (a ‘trade greener’ standpoint), and trade that remedies the externalities caused by trade and production (the ‘green trade’ approach). We also argue that the current WTO initiatives on sustainable trade are not mature enough to support the green transition at an organization that needs to balance trade liberalization with environment protection. WTO and environment, TESSD, sustainable trade, WTO reform, green trade, environmental goods and services, subsidies, trade-related climate measures, circular economy, MC13, COP 28
{"title":"Green Trade and Trade Greener: The Wto Trade and Environmental Sustainability Structured Discussions","authors":"Olga Falgueras del Álamo","doi":"10.54648/gtcj2024005","DOIUrl":"https://doi.org/10.54648/gtcj2024005","url":null,"abstract":"The initiative on Trade and Environmental Sustainability Structured Discussions (TESSD) was launched in 2020, as part of an ambitious WTO package to gain worldwide relevance on the conversation on trade and environment. It has been portrayed as a non-negotiating initiative, conceived to encourage discussion and transparency over a wide number of topics. In its three years of existence, it has gained popularity and its discussions became more technical and focused; it is expected to deliver a Ministerial Declaration in the forthcoming thirteenth WTO Ministerial Conference. This paper questions whether the WTO acquis is suitable to deal with what we consider the two main aspects of sustainable trade: trade facilitation of sustainable goods and services (a ‘trade greener’ standpoint), and trade that remedies the externalities caused by trade and production (the ‘green trade’ approach). We also argue that the current WTO initiatives on sustainable trade are not mature enough to support the green transition at an organization that needs to balance trade liberalization with environment protection.\u0000WTO and environment, TESSD, sustainable trade, WTO reform, green trade, environmental goods and services, subsidies, trade-related climate measures, circular economy, MC13, COP 28","PeriodicalId":12728,"journal":{"name":"Global Trade and Customs Journal","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2024-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140469785","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 International Convention on the Harmonized Commodity Description and Coding System (HS Convention) is an international agreement that applies a systematic and manner to describe commodities in global trade. It effectively provides a universal language that communicates trade matters amongst stakeholders. Despite having a significant impact on international trade, little is known about the legal texts of the HS Convention. therefore, therefore examines the architecture of the HS Convention, discusses its objectives, analyses its impact. Coding, Commodities, Customs Cooperation Council, Description, Harmonized, Harmonized System (HS), HS Convention, Nomenclature, Trade facilitation
{"title":"The International Convention on the Harmonized Commodity Description and Coding System: Legal Pillar Behind the Harmonized System","authors":"Willie Shumba","doi":"10.54648/gtcj2024004","DOIUrl":"https://doi.org/10.54648/gtcj2024004","url":null,"abstract":"The International Convention on the Harmonized Commodity Description and Coding System (HS Convention) is an international agreement that applies a systematic and manner to describe commodities in global trade. It effectively provides a universal language that communicates trade matters amongst stakeholders. Despite having a significant impact on international trade, little is known about the legal texts of the HS Convention. therefore, therefore examines the architecture of the HS Convention, discusses its objectives, analyses its impact.\u0000Coding, Commodities, Customs Cooperation Council, Description, Harmonized, Harmonized System (HS), HS Convention, Nomenclature, Trade facilitation","PeriodicalId":12728,"journal":{"name":"Global Trade and Customs Journal","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2024-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140470312","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 Agreement on Fisheries Subsidies (AFS) was concluded by the Ministerial Conference of the World Trade Organization (WTO) in June 2022. It was negotiated following the mandate contained in the Sustainable Development Goal (SDG) 14.6 adopted by the United Nations General Assembly in 2015. In the AFS, WTO Members were able to agree on subsidy prohibitions relating to illegal, unreported, and unregulated fishing, overfished stocks and unregulated waters. However, the AFS fails to address part of the SDG 14.6 mandate concerning subsidies contributing to overcapacity and overfishing. For this reason, WTO Members have, shortly after the conclusion of the AFS, engaged in a second wave of negotiations to address the missing elements in SDG 14.6, as well as other provisions left out of the AFS. At the time of writing, the WTO Negotiating Group on Rules has produced a draft text containing the proposals of Members on overcapacity and overfishing, including a sustainability carve-out and special and differential treatment for developing countries. In addition, this text includes a subsidy prohibition with respect to subsidies contingent upon or tied to fishing and fishing related activities in waters outside the subsidizing Member’s jurisdiction and a notification obligation concerning the use of forced labour. The challenge is, therefore, to produce a text that is agreeable to both the representatives of Members sitting at the WTO Ministerial Conference and the stakeholders of each WTO Member who will decide, domestically, whether to ratify the agreement. fisheries subsidies, IUU fishing, overfished stocks, overcapacity, overfishing, forced labour, waters outside the jurisdiction
{"title":"The Second Wave of the Fisheries Subsidies Negotiations: Overcapacity, Overfishing, and Other Disciplines","authors":"Christian Vidal-León","doi":"10.54648/gtcj2023064","DOIUrl":"https://doi.org/10.54648/gtcj2023064","url":null,"abstract":"The Agreement on Fisheries Subsidies (AFS) was concluded by the Ministerial Conference of the World Trade Organization (WTO) in June 2022. It was negotiated following the mandate contained in the Sustainable Development Goal (SDG) 14.6 adopted by the United Nations General Assembly in 2015. In the AFS, WTO Members were able to agree on subsidy prohibitions relating to illegal, unreported, and unregulated fishing, overfished stocks and unregulated waters. However, the AFS fails to address part of the SDG 14.6 mandate concerning subsidies contributing to overcapacity and overfishing. For this reason, WTO Members have, shortly after the conclusion of the AFS, engaged in a second wave of negotiations to address the missing elements in SDG 14.6, as well as other provisions left out of the AFS. At the time of writing, the WTO Negotiating Group on Rules has produced a draft text containing the proposals of Members on overcapacity and overfishing, including a sustainability carve-out and special and differential treatment for developing countries. In addition, this text includes a subsidy prohibition with respect to subsidies contingent upon or tied to fishing and fishing related activities in waters outside the subsidizing Member’s jurisdiction and a notification obligation concerning the use of forced labour. The challenge is, therefore, to produce a text that is agreeable to both the representatives of Members sitting at the WTO Ministerial Conference and the stakeholders of each WTO Member who will decide, domestically, whether to ratify the agreement.\u0000fisheries subsidies, IUU fishing, overfished stocks, overcapacity, overfishing, forced labour, waters outside the jurisdiction","PeriodicalId":12728,"journal":{"name":"Global Trade and Customs Journal","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2024-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140463460","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 ACWL was established in 2001 to level the playing field at the WTO by providing assistance in WTO dispute settlement proceedings and free legal advice and training to developing countries and LDCs. More than 20 years after its creation, this article describes the origins of and rationale behind the ACWL and assesses the impact of its services. It also explains the current informal discussions among ACWL Members to improve the accessibility of its services in the context of the broader WTO discussions regarding the dispute settlement system reform. Legal aid, developing countries, LDCs, accessibility, dispute, Settlement, World Trade Organization
{"title":"The ACWL: Enhancing the Accessibility of the WTO Legal System","authors":"Leah Buencamino","doi":"10.54648/gtcj2024002","DOIUrl":"https://doi.org/10.54648/gtcj2024002","url":null,"abstract":"The ACWL was established in 2001 to level the playing field at the WTO by providing assistance in WTO dispute settlement proceedings and free legal advice and training to developing countries and LDCs. More than 20 years after its creation, this article describes the origins of and rationale behind the ACWL and assesses the impact of its services. It also explains the current informal discussions among ACWL Members to improve the accessibility of its services in the context of the broader WTO discussions regarding the dispute settlement system reform.\u0000Legal aid, developing countries, LDCs, accessibility, dispute, Settlement, World Trade Organization","PeriodicalId":12728,"journal":{"name":"Global Trade and Customs Journal","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2024-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140469330","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 agreement by sixty-nine WTO Members on a set of disciplines on the transparency, predictability, and efficiency of services regulation - otherwise known as the ‘Reference Paper on Services Domestic Regulation’ - marks the first negotiated outcome in the field of services trade since the extended negotiations on basic telecommunications and financial services in 1997. The outcome illustrates, on the one hand, the challenge of arriving at multilaterally agreed results in the WTO even for substantively non-controversial issues. On the other hand, it is testament to the ability of large groups of like-minded WTO Members to cooperate and deliver without political linkages with other negotiating issues. This contribution aims to provide an overview of the evolution of negotiations on domestic regulation at the WTO, and elaborates on how the main features of the new Reference Paper complement and build upon regulatory disciplines contained in the GATS. While not yet legally into force, recent evidence suggests that the new Reference Paper will become a standard building block for future economic cooperation agreements and its implementation is expected to generate broad economic benefits. services domestic regulation, WTO, Joint Initiative, preferential trade agreements, economic benefits, good regulatory practices
{"title":"Facilitating Services Trade Through the Adoption of Good Regulatory Practices: The New Reference Paper on Services Domestic Regulation","authors":"Markus Jelitto","doi":"10.54648/gtcj2024001","DOIUrl":"https://doi.org/10.54648/gtcj2024001","url":null,"abstract":"The agreement by sixty-nine WTO Members on a set of disciplines on the transparency, predictability, and efficiency of services regulation - otherwise known as the ‘Reference Paper on Services Domestic Regulation’ - marks the first negotiated outcome in the field of services trade since the extended negotiations on basic telecommunications and financial services in 1997. The outcome illustrates, on the one hand, the challenge of arriving at multilaterally agreed results in the WTO even for substantively non-controversial issues. On the other hand, it is testament to the ability of large groups of like-minded WTO Members to cooperate and deliver without political linkages with other negotiating issues. This contribution aims to provide an overview of the evolution of negotiations on domestic regulation at the WTO, and elaborates on how the main features of the new Reference Paper complement and build upon regulatory disciplines contained in the GATS. While not yet legally into force, recent evidence suggests that the new Reference Paper will become a standard building block for future economic cooperation agreements and its implementation is expected to generate broad economic benefits.\u0000services domestic regulation, WTO, Joint Initiative, preferential trade agreements, economic benefits, good regulatory practices","PeriodicalId":12728,"journal":{"name":"Global Trade and Customs Journal","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2024-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140469951","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 personal scope of customs debt and excise taxation differ. It is clearly noticeable, however, that legislators – in the spheres of customs and excise duties – tend to eliminate the possibility of untaxed consumption of goods. In order to achieve this aim, the legislators impose duties on the holders of untaxed goods. The author of this article analyses the relevance of knowledge of the holders for the personal scope of respectively customs and excise duties in the legal system of the European Union (EU) with particular emphasis placed on Poland and undertakes an attempt to assess the rules from the perspective of the principle of legal certainty. customs debtor, taxpayer, possession of untaxed goods, knowledge
{"title":"Knowledge of Facts and Personal Scope of Customs and Excise Duties","authors":"Krzysztof Lasiński-Sulecki","doi":"10.54648/gtcj2024009","DOIUrl":"https://doi.org/10.54648/gtcj2024009","url":null,"abstract":"The personal scope of customs debt and excise taxation differ. It is clearly noticeable, however, that legislators – in the spheres of customs and excise duties – tend to eliminate the possibility of untaxed consumption of goods. In order to achieve this aim, the legislators impose duties on the holders of untaxed goods. The author of this article analyses the relevance of knowledge of the holders for the personal scope of respectively customs and excise duties in the legal system of the European Union (EU) with particular emphasis placed on Poland and undertakes an attempt to assess the rules from the perspective of the principle of legal certainty.\u0000customs debtor, taxpayer, possession of untaxed goods, knowledge","PeriodicalId":12728,"journal":{"name":"Global Trade and Customs Journal","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2024-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140526761","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}
This article focuses on successful interim measures before the General Court and the European Court of Justice in the realm of international trade and restrictive measures. Pursuant to that procedure, a judge may suspend the operation of a contested act. While the conditions for an award of such measures are famously strict, recent case-law of the EU Courts has brought about a more flexible interpretation of those conditions. The article will assess whether that logic is tenable and can be extended to the area of EU trade and restrictive measures. EU, Carbon Border Adjustment Mechanism (CBAM), customs
{"title":"Interim Measures before the EU Courts in the Realm of the Common Commercial Policy and the Common Foreign and Security Policy","authors":"Nicolaj Kuplewatzky","doi":"10.54648/gtcj2024008","DOIUrl":"https://doi.org/10.54648/gtcj2024008","url":null,"abstract":"This article focuses on successful interim measures before the General Court and the European Court of Justice in the realm of international trade and restrictive measures. Pursuant to that procedure, a judge may suspend the operation of a contested act. While the conditions for an award of such measures are famously strict, recent case-law of the EU Courts has brought about a more flexible interpretation of those conditions. The article will assess whether that logic is tenable and can be extended to the area of EU trade and restrictive measures.\u0000EU, Carbon Border Adjustment Mechanism (CBAM), customs","PeriodicalId":12728,"journal":{"name":"Global Trade and Customs Journal","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2024-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140517973","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}
Japan is one of the most significant foreign investors in Vietnam. However, information about trade compliance by Japanese firms in Vietnam remains scant. This study draws from a new survey of Vietnamese import and export enterprises in 2019, which includes both local and Japanese firms. It shows that Japanese firms are performing better than local firms in terms of trade compliance and regulation. They are also more likely to acknowledge the importance of public-private partnerships and the legal capacity of human force. However, the biggest concerns and obstacles of these actors are Vietnam’s specialized laws and regulations in the cross-border trade of goods. These findings offer important policy implications to enhance trade compliance for Vietnamese enterprises in general and Japanese FDI firms in particular. Authorized Economic Operator Program, Japanese FDI firms, Trade Compliance, Trade Facilitation, Vietnam
{"title":"Foreign Investment in Vietnam: A Review of Corporate Compliance by Investors from Japan","authors":"Phan Thi Thu Hien, Mac Thi Ngoc Diep","doi":"10.54648/gtcj2024012","DOIUrl":"https://doi.org/10.54648/gtcj2024012","url":null,"abstract":"Japan is one of the most significant foreign investors in Vietnam. However, information about trade compliance by Japanese firms in Vietnam remains scant. This study draws from a new survey of Vietnamese import and export enterprises in 2019, which includes both local and Japanese firms. It shows that Japanese firms are performing better than local firms in terms of trade compliance and regulation. They are also more likely to acknowledge the importance of public-private partnerships and the legal capacity of human force. However, the biggest concerns and obstacles of these actors are Vietnam’s specialized laws and regulations in the cross-border trade of goods. These findings offer important policy implications to enhance trade compliance for Vietnamese enterprises in general and Japanese FDI firms in particular.\u0000Authorized Economic Operator Program, Japanese FDI firms, Trade Compliance, Trade Facilitation, Vietnam","PeriodicalId":12728,"journal":{"name":"Global Trade and Customs Journal","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2024-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140526488","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}
EU sustainability requirements, including the latest known as the Carbon Border Adjustment Mechanism (CBAM), take the practical form of data requirements passed from the EU importer to the manufacturer of goods in a non-EU country. The new laws raise many questions, the first being who in the company (both importing and manufacturing) is responsible for compliance. In the case of CBAM, Customs play an important role, so eyes turn first to the customs specialist. Let's take a look at whether this is really the right position to be in charge of CBAM compliance. EU, Carbon Border Adjustment Mechanism (CBAM), customs
{"title":"Commentary: Practical Customs Aspects of CBAM","authors":"Enrika Naujokė","doi":"10.54648/gtcj2024007","DOIUrl":"https://doi.org/10.54648/gtcj2024007","url":null,"abstract":"EU sustainability requirements, including the latest known as the Carbon Border Adjustment Mechanism (CBAM), take the practical form of data requirements passed from the EU importer to the manufacturer of goods in a non-EU country. The new laws raise many questions, the first being who in the company (both importing and manufacturing) is responsible for compliance. In the case of CBAM, Customs play an important role, so eyes turn first to the customs specialist. Let's take a look at whether this is really the right position to be in charge of CBAM compliance.\u0000EU, Carbon Border Adjustment Mechanism (CBAM), customs","PeriodicalId":12728,"journal":{"name":"Global Trade and Customs Journal","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2024-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140524264","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}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：