Tran Van Trang, Doan Hong Le, Vuong Tuan Nam, Pham Thuy Hong, Nguyen Thanh Truc, Nguyen Trọng Sinh
The study analyses the factors affecting tariff management (import and export tax) at the Saigon Port Border Gate Customs Branch Area IV – Vietnam in the context of modern reformed customs procedures. At the same time, evaluate and draw the successes and limitations in the import tax management of the unit from 2018–2022. The article uses qualitative research methods to collect information and data in the form of ‘nonnumeric’ to obtain detailed information about the evaluation of research subjects. The data was collected from within the unit and through interviews, direct observations and group discussions, using open-ended questions for customs officers directly managing the border gate and some Customs leaders. In the framework of the research, the author has applied theory and practice to analyse the situation of import tax collection management at the Saigon Port Customs Branch Area IV – Vietnam, from which as a basis for proposing solutions to improve import tax management in the coming time. Global Supply Chains, Green Supply Chain, Sustainability, UNCITRAL, China
{"title":"The Role of Tariffs in Modernizing Customs Procedures in Vietnam: The Case of Saigon Port Customs Area 4","authors":"Tran Van Trang, Doan Hong Le, Vuong Tuan Nam, Pham Thuy Hong, Nguyen Thanh Truc, Nguyen Trọng Sinh","doi":"10.54648/gtcj2023041","DOIUrl":"https://doi.org/10.54648/gtcj2023041","url":null,"abstract":"The study analyses the factors affecting tariff management (import and export tax) at the Saigon Port Border Gate Customs Branch Area IV – Vietnam in the context of modern reformed customs procedures. At the same time, evaluate and draw the successes and limitations in the import tax management of the unit from 2018–2022. The article uses qualitative research methods to collect information and data in the form of ‘nonnumeric’ to obtain detailed information about the evaluation of research subjects. The data was collected from within the unit and through interviews, direct observations and group discussions, using open-ended questions for customs officers directly managing the border gate and some Customs leaders. In the framework of the research, the author has applied theory and practice to analyse the situation of import tax collection management at the Saigon Port Customs Branch Area IV – Vietnam, from which as a basis for proposing solutions to improve import tax management in the coming time. Global Supply Chains, Green Supply Chain, Sustainability, UNCITRAL, China","PeriodicalId":12728,"journal":{"name":"Global Trade and Customs Journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135348103","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}
Geographical indications (GIs) are means of identifying the source and denoting the quality and reputation of regionally distinct goods. (Kevin. M. Murphy (2003), ‘Conflict, Confusion, and Bias Under TRIPs Articles 22-24’, American University International Law Review, Volume 19, Issue 5/2003.) They contribute to enhancing the goods’ value, thereby generating profits for entrepreneurs and countries. Vietnam, a country with many agricultural and regional products, has been actively integrating with the world, typically by becoming a member of the WTO (World Trade Organization (Member List at, https://www.wto.org/english/thewto_e/whatis_e/tif_ e/org6_e.htm (accessed 04 May 2023))) and participating in agreements such as the European Union-Vietnam The Free Trade Agreement (EVFTA) (European Union-Vietnam Free Trade Agreement), https://taxation-customs.ec.europa.eu/system/files/2022-11/ EVFTA-guidance_0.pdf (accessed 04 May 2023) and the TRIPs (Agreement on Trade-Related Aspects of Intellectual Property Rights, https://www.wto.org/english/docs_e/legal_e/27-trips.pdf (accessed 04 May 2023)). To align its legal framework with international standards, Vietnam has amended and supplemented to its Intellectual Property (IP) Law of 2005 in 2009, 2019, and 2022, introducing new regulations on GIs. These changes have had a significant impact on the protection of GIs in Vietnam. With this in mind, we analyse the current GI protection provisions in Vietnam’s IP laws and assess their compatibility with the requirements in international agreements. We will also explore the influence of the GI protection provisions on the actual registration and utilization of GIs in Vietnam. Based on our findings, we have prepared recommendations to improve Vietnam’s regulations on GI protection and enhance the practical effectiveness of those GI protection measures. Geographical Indications, TRIPs Agreement, EVFTA Agreement, Vietnam Intellectual Property Law, Geographical Indication Protection, Vietnam, Agricultural products, Homonymous Geographical Indications
{"title":"Geographical Indications in Vietnam: Protection and Legal Issues","authors":"","doi":"10.54648/gtcj2023038","DOIUrl":"https://doi.org/10.54648/gtcj2023038","url":null,"abstract":"Geographical indications (GIs) are means of identifying the source and denoting the quality and reputation of regionally distinct goods. (Kevin. M. Murphy (2003), ‘Conflict, Confusion, and Bias Under TRIPs Articles 22-24’, American University International Law Review, Volume 19, Issue 5/2003.) They contribute to enhancing the goods’ value, thereby generating profits for entrepreneurs and countries. Vietnam, a country with many agricultural and regional products, has been actively integrating with the world, typically by becoming a member of the WTO (World Trade Organization (Member List at, https://www.wto.org/english/thewto_e/whatis_e/tif_ e/org6_e.htm (accessed 04 May 2023))) and participating in agreements such as the European Union-Vietnam The Free Trade Agreement (EVFTA) (European Union-Vietnam Free Trade Agreement), https://taxation-customs.ec.europa.eu/system/files/2022-11/ EVFTA-guidance_0.pdf (accessed 04 May 2023) and the TRIPs (Agreement on Trade-Related Aspects of Intellectual Property Rights, https://www.wto.org/english/docs_e/legal_e/27-trips.pdf (accessed 04 May 2023)). To align its legal framework with international standards, Vietnam has amended and supplemented to its Intellectual Property (IP) Law of 2005 in 2009, 2019, and 2022, introducing new regulations on GIs. These changes have had a significant impact on the protection of GIs in Vietnam. With this in mind, we analyse the current GI protection provisions in Vietnam’s IP laws and assess their compatibility with the requirements in international agreements. We will also explore the influence of the GI protection provisions on the actual registration and utilization of GIs in Vietnam. Based on our findings, we have prepared recommendations to improve Vietnam’s regulations on GI protection and enhance the practical effectiveness of those GI protection measures. Geographical Indications, TRIPs Agreement, EVFTA Agreement, Vietnam Intellectual Property Law, Geographical Indication Protection, Vietnam, Agricultural products, Homonymous Geographical Indications","PeriodicalId":12728,"journal":{"name":"Global Trade and Customs Journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135348105","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}
As uniform application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is required, courts are to review and look to foreign case law on the CISG, and more and more courts have referred to foreign case law. The trade volume in goods of Republic of Korea (‘Korea’) exceeded 1.4 trillion US Dollars in 2022 with taking 6th place in the world, and this leads to the necessity of understanding Korean case law on the CISG. This paper analyses the various legal issues in the Supreme Court of Korea’s 2022 decision on the CISG, and reviews the relevant provisions of the CISG and Korean law. The Korean court found that the CISG prevails over Korean civil or commercial law in international sales contracts governed by the CISG and Korean law, and also found that foreign law is treated as ‘de facto law’, not as ‘question of fact’ in Korea, and thus the courts must investigate its contents ex officio. Furthermore, it was affirmed that the Korean private international law admits ‘freedom of choice’ or ‘party autonomy’ in a contract, and adopts ‘the most closely connected test’ in the absence of choice of law in a contract. The Korean court also found that as the CISG does not deal with statutes of limitations, it is left to the applicable domestic law determined under the private international law of the forum. CISG, Governing law, Korean case law, International sales contract, party autonomy, the Supreme Court of Korea, Statute of limitations
{"title":"Korea and the CISG: Recent Cases","authors":"","doi":"10.54648/gtcj2023039","DOIUrl":"https://doi.org/10.54648/gtcj2023039","url":null,"abstract":"As uniform application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is required, courts are to review and look to foreign case law on the CISG, and more and more courts have referred to foreign case law. The trade volume in goods of Republic of Korea (‘Korea’) exceeded 1.4 trillion US Dollars in 2022 with taking 6th place in the world, and this leads to the necessity of understanding Korean case law on the CISG. This paper analyses the various legal issues in the Supreme Court of Korea’s 2022 decision on the CISG, and reviews the relevant provisions of the CISG and Korean law. The Korean court found that the CISG prevails over Korean civil or commercial law in international sales contracts governed by the CISG and Korean law, and also found that foreign law is treated as ‘de facto law’, not as ‘question of fact’ in Korea, and thus the courts must investigate its contents ex officio. Furthermore, it was affirmed that the Korean private international law admits ‘freedom of choice’ or ‘party autonomy’ in a contract, and adopts ‘the most closely connected test’ in the absence of choice of law in a contract. The Korean court also found that as the CISG does not deal with statutes of limitations, it is left to the applicable domestic law determined under the private international law of the forum. CISG, Governing law, Korean case law, International sales contract, party autonomy, the Supreme Court of Korea, Statute of limitations","PeriodicalId":12728,"journal":{"name":"Global Trade and Customs Journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135348106","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 analyzes the proliferation of state laws regulating business activities that cross state and national borders, including economic sanctions, foreign investment and the use of environmental, social, and governance factors in investment decisions. Such activities have long been the domain of the federal government and the implementation of these regulations at a state level causes confusion for businesses and conflicts with existing federal laws. This article concludes that many of these laws likely are preempted by the Supremacy Clause as well as the federal government’s exclusive authority to act on behalf of the nation with regard to foreign affairs.
{"title":"State Activism and Federal Power: Economic Sanctions, Foreign Direct Investment and Environmental, Social and Governance Laws","authors":"Laura Fraedrich, Christian C. Contardo","doi":"10.54648/gtcj2023037","DOIUrl":"https://doi.org/10.54648/gtcj2023037","url":null,"abstract":"This article analyzes the proliferation of state laws regulating business activities that cross state and national borders, including economic sanctions, foreign investment and the use of environmental, social, and governance factors in investment decisions. Such activities have long been the domain of the federal government and the implementation of these regulations at a state level causes confusion for businesses and conflicts with existing federal laws. This article concludes that many of these laws likely are preempted by the Supremacy Clause as well as the federal government’s exclusive authority to act on behalf of the nation with regard to foreign affairs.","PeriodicalId":12728,"journal":{"name":"Global Trade and Customs Journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135348102","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}
One of the most contentious issues surrounding globalization includes trade and labours rights. In the real world, trade and labour circumstances have an impact on one another. Trading nations should be subject to significant labour standards. It was believed that enforcing labour standards via trade agreements helps to improve the working conditions and income in poor countries, and minimize wage inequalities between rich and poor countries. The World Trade Organization’s (WTOs) establishment has resulted in the liberalization of trade and investment. Transnational corporations (TNCs) have become more economically powerful than many countries around the world in today’s era of globalization and free trade. These powerful TNCs are violating labour rights and are not accountable for that because of the lack of a legal framework. This calls for a look at issues that arise at the interface of international trade and labour standards, including a brief historical review of labour rights and the, as well as the impact of TNCs on labours and accountability. World Trade Organization, Labour Rights, International Labour Organization, Globalization, Trade, Transnational Corporations, International Labour Rights, Free Trade, Labour standards
{"title":"Labour Rights in the Wake of the WTO","authors":"Ashwani Singh, Ashutosh Mishra","doi":"10.54648/gtcj2023033","DOIUrl":"https://doi.org/10.54648/gtcj2023033","url":null,"abstract":"One of the most contentious issues surrounding globalization includes trade and labours rights. In the real world, trade and labour circumstances have an impact on one another. Trading nations should be subject to significant labour standards. It was believed that enforcing labour standards via trade agreements helps to improve the working conditions and income in poor countries, and minimize wage inequalities between rich and poor countries. The World Trade Organization’s (WTOs) establishment has resulted in the liberalization of trade and investment. Transnational corporations (TNCs) have become more economically powerful than many countries around the world in today’s era of globalization and free trade. These powerful TNCs are violating labour rights and are not accountable for that because of the lack of a legal framework. This calls for a look at issues that arise at the interface of international trade and labour standards, including a brief historical review of labour rights and the, as well as the impact of TNCs on labours and accountability.\u0000World Trade Organization, Labour Rights, International Labour Organization, Globalization, Trade, Transnational Corporations, International Labour Rights, Free Trade, Labour standards","PeriodicalId":12728,"journal":{"name":"Global Trade and Customs Journal","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49004275","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 the specifics of implementing the processes of digital development, digital transformation, and digitalization of the State Customs Service of Ukraine. The article scrutinizes the legal norms regulating the digital transformation of the State Customs Service of Ukraine to ensure qualitatively new, convenient, and accelerated processes of customs affairs in Ukraine. The article analyses the trend formulated at the normative level regarding the fulfilment by Ukraine of the international legal obligations of the State Customs Service of Ukraine. The article emphasizes that the implementation of relevant measures should be carried out with the help of timely corrections of national legislation. The article focuses on the fact that the world trends of digitalization set new tasks to ensure the functioning of modern, accessible, managed, and cyber-secure electronic information systems that work under the fundamental principles of customs affairs effectiveness. The article outlines the directions of further implementation of the processes of digital development, digital transformation, and digitalization of the State Customs Service of Ukraine in accordance with European and international requirements in the context of the digital strategy of the development of society. The authors conclude that a new cyber-physical system began to form due to innovations in Ukraine. All elements and participants continuously interact with each other, ensuring the constant optimization of the integrated digital system. customs, digital transformation, digitalization, information technology, electronic customs procedures, automation, Customs Service of Ukraine
{"title":"The Power of Digitization: Transforming Ukraine’s Customs Service","authors":"Artem Nazarko, O. Fedotov","doi":"10.54648/gtcj2023028","DOIUrl":"https://doi.org/10.54648/gtcj2023028","url":null,"abstract":"The article analyses the specifics of implementing the processes of digital development, digital transformation, and digitalization of the State Customs Service of Ukraine. The article scrutinizes the legal norms regulating the digital transformation of the State Customs Service of Ukraine to ensure qualitatively new, convenient, and accelerated processes of customs affairs in Ukraine. The article analyses the trend formulated at the normative level regarding the fulfilment by Ukraine of the international legal obligations of the State Customs Service of Ukraine. The article emphasizes that the implementation of relevant measures should be carried out with the help of timely corrections of national legislation. The article focuses on the fact that the world trends of digitalization set new tasks to ensure the functioning of modern, accessible, managed, and cyber-secure electronic information systems that work under the fundamental principles of customs affairs effectiveness. The article outlines the directions of further implementation of the processes of digital development, digital transformation, and digitalization of the State Customs Service of Ukraine in accordance with European and international requirements in the context of the digital strategy of the development of society. The authors conclude that a new cyber-physical system began to form due to innovations in Ukraine. All elements and participants continuously interact with each other, ensuring the constant optimization of the integrated digital system.\u0000customs, digital transformation, digitalization, information technology, electronic customs procedures, automation, Customs Service of Ukraine","PeriodicalId":12728,"journal":{"name":"Global Trade and Customs Journal","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44777156","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 is based on the concept of cooperation in trade facilitation proposed by the Belt and Road Initiative, and demonstrates in detail the importance of customs cooperation in promoting trade facilitation. It provides an analysis of the importance of the connection between the existing legal system of international customs cooperation and the customs cooperation agreements of countries along the Belt and Road. It confirms the positive effect of the current bilateral customs cooperation and China’s practice. Then, based on a series of severe problems encountered in actual cooperation, it explains in detail the reasons why international customs cooperation needs to be updated. Finally, based on the existing problems of international customs cooperation along the Belt and Road, the article elaborates on the status quo of the countries along the route, emphasizes the importance of establishing a reasonable and effective legal operation mechanism and proposes solutions to improve the feasibility of international customs cooperation. Belt and Road Initiative, international customs cooperation, Belt and Road Initiative customs cooperation, trade facilitation
{"title":"Analysis of International Customs Cooperation Mechanisms and the Promotion of Trade Facilitation Under the Belt and Road Initiative","authors":"Dongmei Pang","doi":"10.54648/gtcj2023034","DOIUrl":"https://doi.org/10.54648/gtcj2023034","url":null,"abstract":"This article is based on the concept of cooperation in trade facilitation proposed by the Belt and Road Initiative, and demonstrates in detail the importance of customs cooperation in promoting trade facilitation. It provides an analysis of the importance of the connection between the existing legal system of international customs cooperation and the customs cooperation agreements of countries along the Belt and Road. It confirms the positive effect of the current bilateral customs cooperation and China’s practice. Then, based on a series of severe problems encountered in actual cooperation, it explains in detail the reasons why international customs cooperation needs to be updated. Finally, based on the existing problems of international customs cooperation along the Belt and Road, the article elaborates on the status quo of the countries along the route, emphasizes the importance of establishing a reasonable and effective legal operation mechanism and proposes solutions to improve the feasibility of international customs cooperation.\u0000Belt and Road Initiative, international customs cooperation, Belt and Road Initiative customs cooperation, trade facilitation","PeriodicalId":12728,"journal":{"name":"Global Trade and Customs Journal","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49044148","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}
Using data from 2013 to 2021, this study assesses Vietnam’s trade with Regional Comprehensive Economic Partnership (RCEP) countries. Although this market has a high trade turnover and accounts for a significant proportion of Vietnam’s total trade with the rest of the world, the results show that Vietnam overall has a trade deficit with RCEP countries. Vietnam’s trade with RCEP countries is negatively affected by two factors: (1) Foreign Direct Investment (FDI) in Vietnam and (2) the distance between countries. In contrast, the Gross Domestic Product (GDP) and trade openness of RCEP member countries has positive effects on Vietnam’s trade with RCEP countries. This leads to some recommendations, if the Government of Vietnam will implement them, to address Vietnam’s trade with RCEP countries, including: (1) policies to promote successful joint ventures between Vietnamese enterprises and FDI enterprises; and (2) plans to focus on boosting exports to major markets such as Australia, Japan, Korea, and New Zealand in the RCEP. Trade, RCEP, Vietnam. Panel data model, import, export, FDI, GDP, OPEN, FTA
{"title":"Vietnam’s Trade With RCEP Countries","authors":"Thi Tuyet Anh Le","doi":"10.54648/gtcj2023032","DOIUrl":"https://doi.org/10.54648/gtcj2023032","url":null,"abstract":"Using data from 2013 to 2021, this study assesses Vietnam’s trade with Regional Comprehensive Economic Partnership (RCEP) countries. Although this market has a high trade turnover and accounts for a significant proportion of Vietnam’s total trade with the rest of the world, the results show that Vietnam overall has a trade deficit with RCEP countries. Vietnam’s trade with RCEP countries is negatively affected by two factors: (1) Foreign Direct Investment (FDI) in Vietnam and (2) the distance between countries. In contrast, the Gross Domestic Product (GDP) and trade openness of RCEP member countries has positive effects on Vietnam’s trade with RCEP countries. This leads to some recommendations, if the Government of Vietnam will implement them, to address Vietnam’s trade with RCEP countries, including: (1) policies to promote successful joint ventures between Vietnamese enterprises and FDI enterprises; and (2) plans to focus on boosting exports to major markets such as Australia, Japan, Korea, and New Zealand in the RCEP.\u0000Trade, RCEP, Vietnam. Panel data model, import, export, FDI, GDP, OPEN, FTA","PeriodicalId":12728,"journal":{"name":"Global Trade and Customs Journal","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48016697","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 has long been a supporter of and an active participant in the rules-based trading system. This has allowed Japan, like many states, to engage in trade that it regards as fair and stable, liberated from superpower or great power preferences. In recent years, however, the rules-based trading system has faced challenges including from paralysis at the WTO Appellate Body arising from the United States deciding to block the appointment of Appellate Body members, accusing the body of ‘persistent overreaching’. In turn, the lack of a functioning Appellate Body allows WTO cases to be appealed ‘into the void’ of a non-functioning appeals system. Some WTO Members have made alternative temporary arrangements for an appeals system: the Multi-Party Interim Appeal Arbitration Arrangement (MPIA) which, until now, Japan had not chosen to join. Japan’s decision to now join the MPIA could be seen as a departure from its prior approach, but is in fact consistent with its long-held principles. Japan, MPIA, WTO, DSB, Arbitration, DSU, Appellate Body, Void, Trade, Plurilateral
{"title":"Explaining Japan’s Decision to Join the MPIA: Avoiding the Void","authors":"Kunio Miyoka, C. Trehearne","doi":"10.54648/gtcj2023031","DOIUrl":"https://doi.org/10.54648/gtcj2023031","url":null,"abstract":"Japan has long been a supporter of and an active participant in the rules-based trading system. This has allowed Japan, like many states, to engage in trade that it regards as fair and stable, liberated from superpower or great power preferences. In recent years, however, the rules-based trading system has faced challenges including from paralysis at the WTO Appellate Body arising from the United States deciding to block the appointment of Appellate Body members, accusing the body of ‘persistent overreaching’. In turn, the lack of a functioning Appellate Body allows WTO cases to be appealed ‘into the void’ of a non-functioning appeals system. Some WTO Members have made alternative temporary arrangements for an appeals system: the Multi-Party Interim Appeal Arbitration Arrangement (MPIA) which, until now, Japan had not chosen to join. Japan’s decision to now join the MPIA could be seen as a departure from its prior approach, but is in fact consistent with its long-held principles.\u0000Japan, MPIA, WTO, DSB, Arbitration, DSU, Appellate Body, Void, Trade, Plurilateral","PeriodicalId":12728,"journal":{"name":"Global Trade and Customs Journal","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44606757","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}
Yves Melin, Isabel Fressynet, Anna Golouchko, Valentina Van Opdenbosch, Jesse De Bruyn
This article provides an overview of the judgments of the Court of Justice of the European Union (CJEU) regarding EU customs in the year 2022,in particular, with respect to valuation, classification and value-added tax upon importation (import VAT). EU customs, valuation, classification and import VAT, Court of Justice of the European Union (CJEU)
{"title":"EU Case Laws on Customs in 2022","authors":"Yves Melin, Isabel Fressynet, Anna Golouchko, Valentina Van Opdenbosch, Jesse De Bruyn","doi":"10.54648/gtcj2023030","DOIUrl":"https://doi.org/10.54648/gtcj2023030","url":null,"abstract":"This article provides an overview of the judgments of the Court of Justice of the European Union (CJEU) regarding EU customs in the year 2022,in particular, with respect to valuation, classification and value-added tax upon importation (import VAT).\u0000EU customs, valuation, classification and import VAT, Court of Justice of the European Union (CJEU)","PeriodicalId":12728,"journal":{"name":"Global Trade and Customs Journal","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44181192","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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