This article provides a summary and a commentary of the panel’s decision in United States - Safeguard on Photovoltaic Products. While it notes that the treatment of unforeseen developments and the effect of GATT obligations seems to be different from that accorded by other panels, the article also highlights that the panel’s treatment of other substantive issues seems to be in line with the standard of review set out in previous WTO case law.
{"title":"Commentary of the WTO Panel Report in US: Safeguard on Photovoltaic Products","authors":"Fernando Piérola-Castro","doi":"10.54648/gtcj2023001","DOIUrl":"https://doi.org/10.54648/gtcj2023001","url":null,"abstract":"This article provides a summary and a commentary of the panel’s decision in United States - Safeguard on Photovoltaic Products. While it notes that the treatment of unforeseen developments and the effect of GATT obligations seems to be different from that accorded by other panels, the article also highlights that the panel’s treatment of other substantive issues seems to be in line with the standard of review set out in previous WTO case law.","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":"43589133","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 Agribusiness is one of the pillars of the Brazilian economy, and it represented 43% of the Brazilian exports in 2021. Moreover, Brazil is a net importer of inputs that are fundamental for the agriculture, such as fertilizers and equipment. Despite of being competitive by nature, it is of utmost importance that the players understand the mechanisms provided by the Brazilian legislation related to international trade. The purpose of this article is to call the attention of the Brazilian Agribusiness to several tools related to foreign trade, and how useful they can be. In this context, the article first approaches the use of tariff modification mechanisms that could be useful to boost competitiveness by the Agribusiness by reducing costs of imported inputs or protecting against foreign competitors by means of reducing or increasing tariff rates. Then, the article calls the attention to Free Trade Agreements involving Brazil that promote trade in the agricultural sector. The article also highlights the use of trade remedies to protect the Agribusiness against unfair trade. The article finishes with a brief the analysis on how the Brazilian Agribusiness is affected by economic sanctions imposed by third countries, demonstrating the importance of understanding the new reality of global trade. Brazil, Agribusiness, agriculture, International Trade, tariff, Free Trade Agreements, Mercosur, antidumping, sanctions, imports
{"title":"The Use of International Trade Mechanisms by the Brazilian Agribusiness","authors":"Vera Kanas Grytz, Isabelle Ruiz Guero","doi":"10.54648/gtcj2023002","DOIUrl":"https://doi.org/10.54648/gtcj2023002","url":null,"abstract":"The Agribusiness is one of the pillars of the Brazilian economy, and it represented 43% of the Brazilian exports in 2021. Moreover, Brazil is a net importer of inputs that are fundamental for the agriculture, such as fertilizers and equipment. Despite of being competitive by nature, it is of utmost importance that the players understand the mechanisms provided by the Brazilian legislation related to international trade. The purpose of this article is to call the attention of the Brazilian Agribusiness to several tools related to foreign trade, and how useful they can be.\u0000In this context, the article first approaches the use of tariff modification mechanisms that could be useful to boost competitiveness by the Agribusiness by reducing costs of imported inputs or protecting against foreign competitors by means of reducing or increasing tariff rates. Then, the article calls the attention to Free Trade Agreements involving Brazil that promote trade in the agricultural sector. The article also highlights the use of trade remedies to protect the Agribusiness against unfair trade. The article finishes with a brief the analysis on how the Brazilian Agribusiness is affected by economic sanctions imposed by third countries, demonstrating the importance of understanding the new reality of global trade.\u0000Brazil, Agribusiness, agriculture, International Trade, tariff, Free Trade Agreements, Mercosur, antidumping, sanctions, imports","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":"42114565","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 research work quantifies the changes in effective rates of protection in Pakistan during the last decade of 2011–20. Based on its results, it supports a more flexible trade policy in Pakistan. Further, it identifies the sectors with strong and weak long-run productive capacities and highlights the role of trade barriers in these industries. A key concern is the decreasing productive capacity of textile and leather sectors where the textile industry has the largest share in the total exports from Pakistan. Hence, there is a dire need to invest more in research and development activities in such industries. Finally, the country needs to increase its range of export items and export destinations with more favourable terms of trade, which can be achieved by reducing its historically high import tariff rates. Effective Rate of Protection, Input-Output Table, Industry, Trade, Pakistan JEL Classification: C67, D57, F6, L5, R15
{"title":"A Practical Narrative of Tariff Protection in Pakistan","authors":"M. Zeshan","doi":"10.54648/gtcj2023004","DOIUrl":"https://doi.org/10.54648/gtcj2023004","url":null,"abstract":"This research work quantifies the changes in effective rates of protection in Pakistan during the last decade of 2011–20. Based on its results, it supports a more flexible trade policy in Pakistan. Further, it identifies the sectors with strong and weak long-run productive capacities and highlights the role of trade barriers in these industries. A key concern is the decreasing productive capacity of textile and leather sectors where the textile industry has the largest share in the total exports from Pakistan. Hence, there is a dire need to invest more in research and development activities in such industries. Finally, the country needs to increase its range of export items and export destinations with more favourable terms of trade, which can be achieved by reducing its historically high import tariff rates.\u0000Effective Rate of Protection, Input-Output Table, Industry, Trade, Pakistan JEL Classification: C67, D57, F6, L5, R15","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":"44548571","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 COVID-19 pandemic (coronavirus disease, previously known as novel coronavirus 2019) and the inequality of access to COVID-19 vaccines generated a proposal for a waiver by the World Trade Organization (WTO) of broad sections of the Agreement on Trade-Related Intellectual Property Rights (TRIPS), on a time-limited basis. India and South Africa presented a proposal to that effect in October 2020. The text proposed was controversial, led to considerable debate in the TRIPS Council and eventually led to a lengthy stand-off in the TRIPS Council, from October 2020 until May 2021. The European Union and the United States were the principal (but not the only) WTO Members opposing this proposal. Following the transition from the Trump Administration to the Biden Administration, the United States changed its position on a possible TRIPS COVID-19 waiver (in May 2021) and declared its willingness to engage in text-based negotiations. That prompted India and South Africa, together with other co-sponsors, to produce a somewhat revised version of their earlier proposal. Shortly after the change in the US position, the European Union presented an alternative proposal for a WTO COVID-19 waiver, in June 2021. It was only in the period of December 2021 to March 2022 that serious negotiations on the text of a TRIPS COVID-19 waiver took off, initially in ‘high-level group’, consisting of India, South Africa, the European Union and the United States. The outcome of these negotiations was taken to the TRIPS Council and resulted eventually in the adoption of a TRIPS COVID-19 waiver decision by the WTO Ministerial Conference, in June 2022. This article tracks the different proposals for a TRIPS waiver through their various phases, in a broader WTO and TRIPS context. It also evaluates the contributions of the different proposals to the final text of the TRIPS COVID-19 waiver decision and arrives at some conclusions as to the merits and significance of the resulting waiver. WTO, TRIPS, Marrakesh Agreement Establishing the World Trade Organization, WTO Agreement, waiver
{"title":"TRIPS and COVID-19 Vaccines: The New WTO TRIPS COVID-19 Waiver","authors":"Ton Zuijdwijk","doi":"10.54648/gtcj2022064","DOIUrl":"https://doi.org/10.54648/gtcj2022064","url":null,"abstract":"The COVID-19 pandemic (coronavirus disease, previously known as novel coronavirus 2019) and the inequality of access to COVID-19 vaccines generated a proposal for a waiver by the World Trade Organization (WTO) of broad sections of the Agreement on Trade-Related Intellectual Property Rights (TRIPS), on a time-limited basis. India and South Africa presented a proposal to that effect in October 2020. The text proposed was controversial, led to considerable debate in the TRIPS Council and eventually led to a lengthy stand-off in the TRIPS Council, from October 2020 until May 2021. The European Union and the United States were the principal (but not the only) WTO Members opposing this proposal. Following the transition from the Trump Administration to the Biden Administration, the United States changed its position on a possible TRIPS COVID-19 waiver (in May 2021) and declared its willingness to engage in text-based negotiations. That prompted India and South Africa, together with other co-sponsors, to produce a somewhat revised version of their earlier proposal. Shortly after the change in the US position, the European Union presented an alternative proposal for a WTO COVID-19 waiver, in June 2021. It was only in the period of December 2021 to March 2022 that serious negotiations on the text of a TRIPS COVID-19 waiver took off, initially in ‘high-level group’, consisting of India, South Africa, the European Union and the United States. The outcome of these negotiations was taken to the TRIPS Council and resulted eventually in the adoption of a TRIPS COVID-19 waiver decision by the WTO Ministerial Conference, in June 2022. This article tracks the different proposals for a TRIPS waiver through their various phases, in a broader WTO and TRIPS context. It also evaluates the contributions of the different proposals to the final text of the TRIPS COVID-19 waiver decision and arrives at some conclusions as to the merits and significance of the resulting waiver.\u0000WTO, TRIPS, Marrakesh Agreement Establishing the World Trade Organization, WTO Agreement, waiver","PeriodicalId":12728,"journal":{"name":"Global Trade and Customs Journal","volume":"1 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71142517","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 war in the Ukraine has led to the introduction of a number of export prohibitions and restrictions on agricultural products leading to problems of food security in a number of countries – another food crisis. The rules of World Trade Organization (WTO) in this area are laid down in Article XI.2(a) of the General Agreement on Tariffs and Trade (GATT) and Article 12 of the Agreement on Agriculture (AoA) and the law and practice of these rules are examined before addressing the negotiations for new rules on agriculture in the Doha negotiations. These negotiations have not resulted in new rules in this area and with their demise the focus has shifted to bespoke decisions reached at Ministerial Conferences, such as those on Export Quotas and Export Subsidies. The latest (twelfth) Ministerial Conference reached a Decision on the Emergency Response to Food Insecurity but this Decision has not led to changes in the rules on export prohibitions and restrictions but there is the promise that such a Decision could be reached at the thirteenth Ministerial Conference. This article suggests a Decision on Export Prohibitions and Restrictions to promote greater food security in response to the current and future food crises. WTO, agricultural export prohibitions and restrictions, food insecurity, Ministerial Conference
{"title":"Discipling Export Prohibitions and Restrictions to Promote Food Security","authors":"J. McMahon","doi":"10.54648/gtcj2022069","DOIUrl":"https://doi.org/10.54648/gtcj2022069","url":null,"abstract":"The war in the Ukraine has led to the introduction of a number of export prohibitions and restrictions on agricultural products leading to problems of food security in a number of countries – another food crisis. The rules of World Trade Organization (WTO) in this area are laid down in Article XI.2(a) of the General Agreement on Tariffs and Trade (GATT) and Article 12 of the Agreement on Agriculture (AoA) and the law and practice of these rules are examined before addressing the negotiations for new rules on agriculture in the Doha negotiations. These negotiations have not resulted in new rules in this area and with their demise the focus has shifted to bespoke decisions reached at Ministerial Conferences, such as those on Export Quotas and Export Subsidies. The latest (twelfth) Ministerial Conference reached a Decision on the Emergency Response to Food Insecurity but this Decision has not led to changes in the rules on export prohibitions and restrictions but there is the promise that such a Decision could be reached at the thirteenth Ministerial Conference. This article suggests a Decision on Export Prohibitions and Restrictions to promote greater food security in response to the current and future food crises.\u0000WTO, agricultural export prohibitions and restrictions, food insecurity, Ministerial Conference","PeriodicalId":12728,"journal":{"name":"Global Trade and Customs Journal","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44627042","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 Court of Justice of the European Union, with the ruling of 12 May 2022 rendered in case C-714/20, affirmed two important principles: first of all, the Court held that Article 77 (3) of the Union Customs Code must be interpreted as meaning that, on the basis of that provision alone, the indirect customs representative is only liable for the duties due on goods which he has declared to customs, while not being also liable for the value added tax for import of the same goods; moreover, this representative, pursuant to Article 201 of the Council Directive 2006/112/EC - the European Community -, pertaining to the common system of value added tax, cannot be held liable for the payment of the value added tax on imports, jointly and severally with the importer, in the absence of national provisions that designate or recognize him or her, explicitly and unambiguously, as the payer of this tax. The legal question submitted to the Court of Justice has a long history. Already during the validity of the Community Customs Code, repealed from 1 May 2016, several customs administrations of the Member States of the European Union (including Italy) used to, in case of revision of the import customs declaration from which resulted in a greater duty and VAT (Value Added Tax) debt, notify an assessment notice both to the importer and to his/her indirect customs representative, jointly and severally, to recover both taxes. This is a consequence that derived, under the Community Code, from Article 201, paragraph 3, and, in the Union Code, from the express provision of Article 77, paragraph 3: both provisions, in identifying the figure of the debtor of the customs duties, state it is the ‘declarant’, while ‘In the event of indirect representation, the person on whose behalf the customs declaration is made shall also be a debtor’. However, this approach has been the subject of numerous disputes, fundamentally based on the consideration that the reference to Article 77 of the Union Customs Code (and, before that, Article 201 of the Community Customs Code) did not appear relevant to justify the recovery of VAT. The Court of Justice has now clarified the meaning of these provisions. Importer, representation, declaration, solidarity, person, territory, obligations, duties, value added tax
{"title":"Import VAT Is Not Part of the Customs Debt","authors":"Alessandro Fruscione","doi":"10.54648/gtcj2022071","DOIUrl":"https://doi.org/10.54648/gtcj2022071","url":null,"abstract":"The Court of Justice of the European Union, with the ruling of 12 May 2022 rendered in case C-714/20, affirmed two important principles: first of all, the Court held that Article 77 (3) of the Union Customs Code must be interpreted as meaning that, on the basis of that provision alone, the indirect customs representative is only liable for the duties due on goods which he has declared to customs, while not being also liable for the value added tax for import of the same goods; moreover, this representative, pursuant to Article 201 of the Council Directive 2006/112/EC - the European Community -, pertaining to the common system of value added tax, cannot be held liable for the payment of the value added tax on imports, jointly and severally with the importer, in the absence of national provisions that designate or recognize him or her, explicitly and unambiguously, as the payer of this tax.\u0000The legal question submitted to the Court of Justice has a long history.\u0000Already during the validity of the Community Customs Code, repealed from 1 May 2016, several customs administrations of the Member States of the European Union (including Italy) used to, in case of revision of the import customs declaration from which resulted in a greater duty and VAT (Value Added Tax) debt, notify an assessment notice both to the importer and to his/her indirect customs representative, jointly and severally, to recover both taxes.\u0000This is a consequence that derived, under the Community Code, from Article 201, paragraph 3, and, in the Union Code, from the express provision of Article 77, paragraph 3: both provisions, in identifying the figure of the debtor of the customs duties, state it is the ‘declarant’, while ‘In the event of indirect representation, the person on whose behalf the customs declaration is made shall also be a debtor’.\u0000However, this approach has been the subject of numerous disputes, fundamentally based on the consideration that the reference to Article 77 of the Union Customs Code (and, before that, Article 201 of the Community Customs Code) did not appear relevant to justify the recovery of VAT. The Court of Justice has now clarified the meaning of these provisions.\u0000Importer, representation, declaration, solidarity, person, territory, obligations, duties, value added tax","PeriodicalId":12728,"journal":{"name":"Global Trade and Customs Journal","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45260014","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}
Agricultural tariffs were typically put in place in the distant past and have remained largely unchanged. Tariffs provide benefits to agricultural producers at the expense of consumers and policy makers must make implicit tradeoffs when they are imposed. Agriculture and food markets are, however, dynamic and changing. In the period since agricultural tariffs were set, many foods have been altered to, or discovered to, provide human health benefits beyond their nutritional value – health foods or functional foods. Hence, they are more valuable to consumers with the result that the cost to consumers of existing agricultural tariffs has increased. As a result, policy makers may wish to revisit some agricultural tariffs. A case study from China’s vegetable oil market is provided to illustrate the effect foods with human health benefits arising in markets with existing agricultural tariffs can have. agricultural tariffs, benefits to human health, consumers, producers, tradeoffs
{"title":"Is It Time to Revisit Agricultural Tariffs When Enhanced Human Health Is at Stake?","authors":"W. Kerr, Sidi Zhang","doi":"10.54648/gtcj2022067","DOIUrl":"https://doi.org/10.54648/gtcj2022067","url":null,"abstract":"Agricultural tariffs were typically put in place in the distant past and have remained largely unchanged. Tariffs provide benefits to agricultural producers at the expense of consumers and policy makers must make implicit tradeoffs when they are imposed. Agriculture and food markets are, however, dynamic and changing. In the period since agricultural tariffs were set, many foods have been altered to, or discovered to, provide human health benefits beyond their nutritional value – health foods or functional foods. Hence, they are more valuable to consumers with the result that the cost to consumers of existing agricultural tariffs has increased. As a result, policy makers may wish to revisit some agricultural tariffs. A case study from China’s vegetable oil market is provided to illustrate the effect foods with human health benefits arising in markets with existing agricultural tariffs can have.\u0000agricultural tariffs, benefits to human health, consumers, producers, tradeoffs","PeriodicalId":12728,"journal":{"name":"Global Trade and Customs Journal","volume":"48 6","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41305035","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}
Corporate divestiture represents an important component of a firm’s strategy. Divestment takes different forms and is usually undertaken for a variety of general and firm-specific reasons. The objective of this article is to provide an overview and assessment of the current consensus on the empirical evidence on underlying divestiture motives. What is the direction of the literature on the antecedents of divestment? Are there important lessons to be learned from dominant and underexplored themes? We embark on the answers to these questions by analysing the existing empirical literature and providing an informative and instructive synopsis. Our synopsis contributes to the literature by integrating antecedents of divestiture from the multiple strands and synthesizing potentially rich areas of further exploration in the literature. Performance remains the dominant factor in divestiture but there is strong evidence that divestment is the result of a multitude of interacting dynamics among various factors. There remain considerable opportunities in the literature on the economics of divestiture, emerging environmental, social and governance (ESG) and its theoretical underpinnings and the general divestment theory. Divestment, Divestiture, Industrial Organization, Portfolio Management, Strategic Management, Foreign Investment, Mergers and Acquisitions, ESG JEL Classification: D22, F23, F30, G32, G34, L25, M12
{"title":"Evidence on Divestment Motives: An Overview","authors":"Badar Alam Iqbal, Linus Nyiwul","doi":"10.54648/gtcj2022070","DOIUrl":"https://doi.org/10.54648/gtcj2022070","url":null,"abstract":"Corporate divestiture represents an important component of a firm’s strategy. Divestment takes different forms and is usually undertaken for a variety of general and firm-specific reasons. The objective of this article is to provide an overview and assessment of the current consensus on the empirical evidence on underlying divestiture motives. What is the direction of the literature on the antecedents of divestment? Are there important lessons to be learned from dominant and underexplored themes? We embark on the answers to these questions by analysing the existing empirical literature and providing an informative and instructive synopsis. Our synopsis contributes to the literature by integrating antecedents of divestiture from the multiple strands and synthesizing potentially rich areas of further exploration in the literature. Performance remains the dominant factor in divestiture but there is strong evidence that divestment is the result of a multitude of interacting dynamics among various factors. There remain considerable opportunities in the literature on the economics of divestiture, emerging environmental, social and governance (ESG) and its theoretical underpinnings and the general divestment theory.\u0000Divestment, Divestiture, Industrial Organization, Portfolio Management, Strategic Management, Foreign Investment, Mergers and Acquisitions, ESG JEL Classification: D22, F23, F30, G32, G34, L25, M12","PeriodicalId":12728,"journal":{"name":"Global Trade and Customs Journal","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47682449","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}
States’ perceived sovereign interests are often not aligned with international legal standards, especially in relation to national security. The Article XXI security exception qualifies the collective interests of the international community which the non-discrimination requirements of the General Agreement on Tariffs and Trade (GATT) regime aspires for. While its justiciability and self-judging nature have long been discussed and debated upon, the provision must be understood in light of the ever-evolving conceptions of security itself, including challenges posed by climate change, public health emergencies and cyber warfare. Despite being noticed at the drafting stage, Article XXI does not contain a mechanism akin to the chapeau of Article XX against which the need for states to act against such non-conventional threats may be balanced with free trade interests. In view of the underlying subjectivity arising from both, judicial discretion and states’ conceptions, this article so contextualizes the security exception, including by tracing its historical underpinnings. It considers the application of the good faith requirement and significantly, examines whether security interests can objectively be determined. National security, WTO, treaty interpretation, Article XXI, non-discrimination, trade law, GATT
{"title":"A Contemporary Contextualization of Security Under Article XXI of the GATT","authors":"Anhad S. Miglani","doi":"10.54648/gtcj2022068","DOIUrl":"https://doi.org/10.54648/gtcj2022068","url":null,"abstract":"States’ perceived sovereign interests are often not aligned with international legal standards, especially in relation to national security. The Article XXI security exception qualifies the collective interests of the international community which the non-discrimination requirements of the General Agreement on Tariffs and Trade (GATT) regime aspires for. While its justiciability and self-judging nature have long been discussed and debated upon, the provision must be understood in light of the ever-evolving conceptions of security itself, including challenges posed by climate change, public health emergencies and cyber warfare. Despite being noticed at the drafting stage, Article XXI does not contain a mechanism akin to the chapeau of Article XX against which the need for states to act against such non-conventional threats may be balanced with free trade interests. In view of the underlying subjectivity arising from both, judicial discretion and states’ conceptions, this article so contextualizes the security exception, including by tracing its historical underpinnings. It considers the application of the good faith requirement and significantly, examines whether security interests can objectively be determined.\u0000National security, WTO, treaty interpretation, Article XXI, non-discrimination, trade law, GATT","PeriodicalId":12728,"journal":{"name":"Global Trade and Customs Journal","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45932185","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 tax environment of the United Arab Emirates (UAE) is continuously evolving. Over the past six years, we have seen the implementation of Excise Tax laws, Value Added Tax (VAT) laws and the recent introduction of Corporate Income Tax (CIT) laws, with effect in 2023. As such, companies operating in the UAE are, and have been confronted with a multitude of changes and challenges. This article argues that despite the implementation of indirect taxes, and the recent introduction of direct taxes consuming the attention of company operations, the significance of the primitive form of indirect tax in the UAE i.e., Customs, cannot be undermined. On the contrary, the article submits that Customs laws become more so important for companies in the UAE. In this context, this article posits that the customs value is considered as the basis for the assessment of customs duty, and VAT, and serves in certain cases as the value for the determination of the excise tax base (indirect taxes). The Customs laws play an important role for the import and liability of dutiable and excisable goods in the UAE, and can even have a last minute say in whether the importer’s transfer price is at arm’s length for customs duty purposes. Also, the recent progressive steps taken by the UAE government in the form of ratifying Free Trade Agreements (FTAs) each with India and Indonesia, and with likely more to come, underscores the importance of Customs visà- vis global trade in the UAE market. This article also addresses the practical challenges faced by the businesses in the UAE pertaining to Customs/global trade issues and proposes some suggestions to mitigate these issues. Tax, Customs, United Arab Emirates, Challenges, Indirect tax, UAE businesses
{"title":"The Rapid Changing Tax Environment in the United Arab Emirates: The Position of Customs in This Evolution","authors":"Atia Hussain, Zain Satardien, W. ElKelish","doi":"10.54648/gtcj2022066","DOIUrl":"https://doi.org/10.54648/gtcj2022066","url":null,"abstract":"The tax environment of the United Arab Emirates (UAE) is continuously evolving. Over the past six years, we have seen the implementation of Excise Tax laws, Value Added Tax (VAT) laws and the recent introduction of Corporate Income Tax (CIT) laws, with effect in 2023. As such, companies operating in the UAE are, and have been confronted with a multitude of changes and challenges. This article argues that despite the implementation of indirect taxes, and the recent introduction of direct taxes consuming the attention of company operations, the significance of the primitive form of indirect tax in the UAE i.e., Customs, cannot be undermined. On the contrary, the article submits that Customs laws become more so important for companies in the UAE. In this context, this article posits that the customs value is considered as the basis for the assessment of customs duty, and VAT, and serves in certain cases as the value for the determination of the excise tax base (indirect taxes). The Customs laws play an important role for the import and liability of dutiable and excisable goods in the UAE, and can even have a last minute say in whether the importer’s transfer price is at arm’s length for customs duty purposes. Also, the recent progressive steps taken by the UAE government in the form of ratifying Free Trade Agreements (FTAs) each with India and Indonesia, and with likely more to come, underscores the importance of Customs visà- vis global trade in the UAE market. This article also addresses the practical challenges faced by the businesses in the UAE pertaining to Customs/global trade issues and proposes some suggestions to mitigate these issues.\u0000Tax, Customs, United Arab Emirates, Challenges, Indirect tax, UAE businesses","PeriodicalId":12728,"journal":{"name":"Global Trade and Customs Journal","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49161960","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：