Pub Date : 2023-10-31DOI: 10.1108/jitlp-06-2023-0034
Ahamed Ashiq Shajahan
Purpose This paper aims to examine the applicable legal framework, various concerns regarding the price support methodology and the merits and pitfalls of the Bali peace clause that currently shields India’s public stockholding (PSH) policy, to provide suggestions on moving forward in the World Trade Organization (WTO) negotiations. Design/methodology/approach At the WTO, PSH for food security is considered a trade-distorting price support measure when food stocks are purchased from farmers at administered prices instead of market prices. The price support is measured by a specific methodology stipulated under the Agreement on Agriculture. India is concerned that the price support methodology overestimates the actual support provided to the farmers and makes India susceptible to violating the WTO law. Findings The paper explains the domestic implications for India arising due to the applicable WTO law. Given the centrality of India’s PSH programmes in ensuring food security, India must seek more clarity on the interpretation of Article 18.4 of the AoA and the ambiguous provisions of the Bali peace clause. Originality/value The paper provides a timely and updated analysis of the contentious issue of PSH for food security, exclusively from the Indian perspective, highlighting the persisting challenges for India in WTO agriculture negotiations. This is timely as many WTO members have raised serious concerns about India’s market price support policies recently and this analysis informs the reader about the underlying issues.
{"title":"Promoting food security through public stockholding – Indian perspective and challenges at the WTO","authors":"Ahamed Ashiq Shajahan","doi":"10.1108/jitlp-06-2023-0034","DOIUrl":"https://doi.org/10.1108/jitlp-06-2023-0034","url":null,"abstract":"Purpose This paper aims to examine the applicable legal framework, various concerns regarding the price support methodology and the merits and pitfalls of the Bali peace clause that currently shields India’s public stockholding (PSH) policy, to provide suggestions on moving forward in the World Trade Organization (WTO) negotiations. Design/methodology/approach At the WTO, PSH for food security is considered a trade-distorting price support measure when food stocks are purchased from farmers at administered prices instead of market prices. The price support is measured by a specific methodology stipulated under the Agreement on Agriculture. India is concerned that the price support methodology overestimates the actual support provided to the farmers and makes India susceptible to violating the WTO law. Findings The paper explains the domestic implications for India arising due to the applicable WTO law. Given the centrality of India’s PSH programmes in ensuring food security, India must seek more clarity on the interpretation of Article 18.4 of the AoA and the ambiguous provisions of the Bali peace clause. Originality/value The paper provides a timely and updated analysis of the contentious issue of PSH for food security, exclusively from the Indian perspective, highlighting the persisting challenges for India in WTO agriculture negotiations. This is timely as many WTO members have raised serious concerns about India’s market price support policies recently and this analysis informs the reader about the underlying issues.","PeriodicalId":42719,"journal":{"name":"Journal of International Trade Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135872852","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}
Pub Date : 2023-10-31DOI: 10.1108/jitlp-06-2023-0032
Clarisse Delaville
Purpose There is no single undertaking regulating food assistance at the international level. International food assistance is regulated by a patchwork of rules emanating from different institutions and normative arrangements. This study aims to explore how international law shapes international food assistance. How is international law regulating food assistance, considering this patchwork of institutions and norms? What dominant narratives enshrined in legal agreements shape the evolution of international food assistance? Design/methodology/approach The author uses the concept of “regime complex”, which allows analyzing partially overlapping and nonhierarchical regimes governing a particular issue, shedding light on the narratives and institutional arrangements that lead to the consolidation of international rules. The author identifies two main regimes that govern international food assistance: the food assistance regime and the food trade regime. Findings The author shows that using the “regime complex” concept clarifies the evolution of international food assistance, highlighting that international law is a crucial element in shaping international food assistance and showing that the two main institutional regimes governing it interact and shape rules along three main themes: the centrality of donor states’ self-interests, the relationship between international food assistance and trade liberalization and the goal of achieving food security for the beneficiaries. Originality/value Using the regime complex concept, the author brings new light on the broader institutional and legal framework influencing the governance of international food assistance, showing that different regimes take part in its shaping.
{"title":"A regime complex for food assistance: international law regulating international food assistance","authors":"Clarisse Delaville","doi":"10.1108/jitlp-06-2023-0032","DOIUrl":"https://doi.org/10.1108/jitlp-06-2023-0032","url":null,"abstract":"Purpose There is no single undertaking regulating food assistance at the international level. International food assistance is regulated by a patchwork of rules emanating from different institutions and normative arrangements. This study aims to explore how international law shapes international food assistance. How is international law regulating food assistance, considering this patchwork of institutions and norms? What dominant narratives enshrined in legal agreements shape the evolution of international food assistance? Design/methodology/approach The author uses the concept of “regime complex”, which allows analyzing partially overlapping and nonhierarchical regimes governing a particular issue, shedding light on the narratives and institutional arrangements that lead to the consolidation of international rules. The author identifies two main regimes that govern international food assistance: the food assistance regime and the food trade regime. Findings The author shows that using the “regime complex” concept clarifies the evolution of international food assistance, highlighting that international law is a crucial element in shaping international food assistance and showing that the two main institutional regimes governing it interact and shape rules along three main themes: the centrality of donor states’ self-interests, the relationship between international food assistance and trade liberalization and the goal of achieving food security for the beneficiaries. Originality/value Using the regime complex concept, the author brings new light on the broader institutional and legal framework influencing the governance of international food assistance, showing that different regimes take part in its shaping.","PeriodicalId":42719,"journal":{"name":"Journal of International Trade Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135808912","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}
Pub Date : 2023-10-30DOI: 10.1108/jitlp-04-2023-0014
Badreddine Berrahlia
Purpose This paper explores the experience of “Shari’a” as non-state law in the English courts through a historical analysis of past Islamic finance dispute resolutions (IFDRs). This paper aims to propose a conceivable scenario relating to the law applicable in international commercial contracts in the English courts with the emergence of the Hague Principles 2015. Design/methodology/approach This paper addresses several issues that have been raised in English case law: doubts about the legal nature of “Shari’a” as non-state law; the limits placed on freedom of choice of “Shari’a” law by the application of a single legal system; and the distinction between application of law and incorporation by reference of “Shari’a” in IFDRs. The paper then analyses the conformity of “Shari’a” with the provisions now used to resolve Islamic finance disputes (trade and investment) in the English courts, using an empirical analysis of The Accounting and Auditing Organization for Islamic Financial Institutions standards. Findings The paper provides that, in theory, “Shari’a” standards could play a significant role in IFDRs after Brexit, even though a gap persists in practice because the Hague Principles 2015 have not yet been adopted by the English legal system. Research limitations/implications The study focuses on the English courts and shows how the IFDRs could be resolved with the emergence of Hague Principles 2015 in the post-Brexit era. Originality/value To the best of the author’s knowledge, this paper appears to be the first paper to provide a conceivable scenario relating to the future of the IFDRs in the English courts.
{"title":"Islamic finance dispute resolutions in the English courts: past experience and an outlook for the future","authors":"Badreddine Berrahlia","doi":"10.1108/jitlp-04-2023-0014","DOIUrl":"https://doi.org/10.1108/jitlp-04-2023-0014","url":null,"abstract":"Purpose This paper explores the experience of “Shari’a” as non-state law in the English courts through a historical analysis of past Islamic finance dispute resolutions (IFDRs). This paper aims to propose a conceivable scenario relating to the law applicable in international commercial contracts in the English courts with the emergence of the Hague Principles 2015. Design/methodology/approach This paper addresses several issues that have been raised in English case law: doubts about the legal nature of “Shari’a” as non-state law; the limits placed on freedom of choice of “Shari’a” law by the application of a single legal system; and the distinction between application of law and incorporation by reference of “Shari’a” in IFDRs. The paper then analyses the conformity of “Shari’a” with the provisions now used to resolve Islamic finance disputes (trade and investment) in the English courts, using an empirical analysis of The Accounting and Auditing Organization for Islamic Financial Institutions standards. Findings The paper provides that, in theory, “Shari’a” standards could play a significant role in IFDRs after Brexit, even though a gap persists in practice because the Hague Principles 2015 have not yet been adopted by the English legal system. Research limitations/implications The study focuses on the English courts and shows how the IFDRs could be resolved with the emergence of Hague Principles 2015 in the post-Brexit era. Originality/value To the best of the author’s knowledge, this paper appears to be the first paper to provide a conceivable scenario relating to the future of the IFDRs in the English courts.","PeriodicalId":42719,"journal":{"name":"Journal of International Trade Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136019674","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}
Pub Date : 2023-10-23DOI: 10.1108/jitlp-05-2023-0029
Intan Innayatun Soeparna
Purpose The World Trade Organisation (WTO) Agreement on Fisheries Subsidies (AFS) requires all members to avoid subsidy policies and financial measures that weaken sustainability in fishing and instead divert public spending in such a way that it is more beneficial to fisheries sectors. This paper aims to argue that the WTO fisheries subsidies rules can be considered as a mechanism not only for achieving fisheries sustainability but also for supporting food security in Indonesia. Design/methodology/approach The methodology of this study consists of descriptive and analytical legal research that identifies the relation between fisheries subsidies and food security policies in Indonesia. Findings Fisheries subsidies policies in Indonesia focus on government support for small-scale fishers not only to promote fishing sustainability and marine resource protection but also to improve their ability to participate in food security strategies. Practical implications The elimination of harmful fisheries subsidies could be regarded as a mechanism for not only preserving and sustaining marine resources but also achieving food security in other developing countries. Originality/value The author’s knowledge of the United Nations Sustainable Development Goals (SDGs) is valuable in elaborating a new paradigm on how the WTO is achieving SDG 14 (Life below Water) and SDG 2 (Zero Hunger) in parallel by analysing Indonesia’s efforts to implement the AFS while also allocating public spending to fisheries sectors to accommodate food security.
{"title":"The nexus between the WTO fisheries subsidies rules and food security in Indonesia","authors":"Intan Innayatun Soeparna","doi":"10.1108/jitlp-05-2023-0029","DOIUrl":"https://doi.org/10.1108/jitlp-05-2023-0029","url":null,"abstract":"Purpose The World Trade Organisation (WTO) Agreement on Fisheries Subsidies (AFS) requires all members to avoid subsidy policies and financial measures that weaken sustainability in fishing and instead divert public spending in such a way that it is more beneficial to fisheries sectors. This paper aims to argue that the WTO fisheries subsidies rules can be considered as a mechanism not only for achieving fisheries sustainability but also for supporting food security in Indonesia. Design/methodology/approach The methodology of this study consists of descriptive and analytical legal research that identifies the relation between fisheries subsidies and food security policies in Indonesia. Findings Fisheries subsidies policies in Indonesia focus on government support for small-scale fishers not only to promote fishing sustainability and marine resource protection but also to improve their ability to participate in food security strategies. Practical implications The elimination of harmful fisheries subsidies could be regarded as a mechanism for not only preserving and sustaining marine resources but also achieving food security in other developing countries. Originality/value The author’s knowledge of the United Nations Sustainable Development Goals (SDGs) is valuable in elaborating a new paradigm on how the WTO is achieving SDG 14 (Life below Water) and SDG 2 (Zero Hunger) in parallel by analysing Indonesia’s efforts to implement the AFS while also allocating public spending to fisheries sectors to accommodate food security.","PeriodicalId":42719,"journal":{"name":"Journal of International Trade Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-10-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135365987","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}
Pub Date : 2023-10-20DOI: 10.1108/jitlp-04-2023-0020
Rajeshwari Dasgupta
Purpose Gender-differentiated role obligations, constraints and dependencies affect food security dynamics across peri-urban and rural areas. This paper aims to understand how periods of crisis disproportionately exacerbate hardships for female populations in such areas and endeavours to assist agro-food policymaking in formulating support initiatives more effectively. Design/methodology/approach A feasibility/pilot survey was conducted through face-to-face semi-structured interviews in public settings and sought to understand and analyse the differentiated impact of the Covid-19 pandemic on rural and peri-urban food insecurity through the experiences of 50 women from across various districts in West Bengal. Findings The study found that women play multivarious roles regarding food security in rural and peri-urban households, extend these obligations to their female children and encounter deficiencies in financial autonomy to access and use food resources. It concludes that while women seem to contribute the most to household and community food security, they are also most vulnerable to food insecurity. These vulnerabilities were exacerbated during the pandemic. Practical implications This feasibility/pilot study may serve as a springboard for a larger, more comprehensive survey exploring the dynamics of gender inequality, food insecurity and the Covid-19 pandemic amongst women across peri-urban and rural areas in West Bengal. This may bolster pandemic vulnerability analyses and impact assessments in the state. Originality/value To the best of the author’s knowledge, no other study implemented in West Bengal explores the interfaces between gender inequality, food insecurity and the Covid-19 pandemic in rural and peri-urban areas.
{"title":"Women, food security and the pandemic in peri-urban and rural West Bengal","authors":"Rajeshwari Dasgupta","doi":"10.1108/jitlp-04-2023-0020","DOIUrl":"https://doi.org/10.1108/jitlp-04-2023-0020","url":null,"abstract":"Purpose Gender-differentiated role obligations, constraints and dependencies affect food security dynamics across peri-urban and rural areas. This paper aims to understand how periods of crisis disproportionately exacerbate hardships for female populations in such areas and endeavours to assist agro-food policymaking in formulating support initiatives more effectively. Design/methodology/approach A feasibility/pilot survey was conducted through face-to-face semi-structured interviews in public settings and sought to understand and analyse the differentiated impact of the Covid-19 pandemic on rural and peri-urban food insecurity through the experiences of 50 women from across various districts in West Bengal. Findings The study found that women play multivarious roles regarding food security in rural and peri-urban households, extend these obligations to their female children and encounter deficiencies in financial autonomy to access and use food resources. It concludes that while women seem to contribute the most to household and community food security, they are also most vulnerable to food insecurity. These vulnerabilities were exacerbated during the pandemic. Practical implications This feasibility/pilot study may serve as a springboard for a larger, more comprehensive survey exploring the dynamics of gender inequality, food insecurity and the Covid-19 pandemic amongst women across peri-urban and rural areas in West Bengal. This may bolster pandemic vulnerability analyses and impact assessments in the state. Originality/value To the best of the author’s knowledge, no other study implemented in West Bengal explores the interfaces between gender inequality, food insecurity and the Covid-19 pandemic in rural and peri-urban areas.","PeriodicalId":42719,"journal":{"name":"Journal of International Trade Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-10-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135567433","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}
Pub Date : 2023-10-20DOI: 10.1108/jitlp-06-2023-0031
Mohd Shahir Omar, Muhammad Fakhrul Yusuf, Jack Kie Cheng
Purpose This study aims to identify the factors to food safety certification adoption among farmers in Malaysia. Design/methodology/approach This study was conducted qualitatively using a method of interviewing with unstructured questions. To identify the factors that influence and prevent the adoption of food safety certification among Malaysian farmers, nine ( n = 9) agricultural industrial experts were randomly chosen. Findings Based on data analysis using thematic analysis, the respondent highlighted 14 factors to food safety certification. Specifically, the most frequent determinant highlighted by the respondent is enforcement (12). Additionally, it has been proven that the identified factors aligned with existing theories: technology, organization and environment (TOE) framework and eco-innovation theory. These theories help researchers to create effective strategies and produce significant findings from their research. Originality/value To the best of the authors’ knowledge, this study is the first to investigate food safety certification adoption among farmers in the Malaysian agriculture industry using the integration of the TOE framework and eco-innovation theory. The stakeholder is expected to receive the benefits of creating efficient campaigns to encourage more farmers to obtain food safety certification. This study provides further knowledge by improving the understanding of the processes involved in certification adoption, providing context-specific insights, best practices, policy guiding development and emphasizing the effects of certification on sustainability and competitiveness.
{"title":"Thematic analysis: factors of food safety certification adoption among farmers in Malaysia","authors":"Mohd Shahir Omar, Muhammad Fakhrul Yusuf, Jack Kie Cheng","doi":"10.1108/jitlp-06-2023-0031","DOIUrl":"https://doi.org/10.1108/jitlp-06-2023-0031","url":null,"abstract":"Purpose This study aims to identify the factors to food safety certification adoption among farmers in Malaysia. Design/methodology/approach This study was conducted qualitatively using a method of interviewing with unstructured questions. To identify the factors that influence and prevent the adoption of food safety certification among Malaysian farmers, nine ( n = 9) agricultural industrial experts were randomly chosen. Findings Based on data analysis using thematic analysis, the respondent highlighted 14 factors to food safety certification. Specifically, the most frequent determinant highlighted by the respondent is enforcement (12). Additionally, it has been proven that the identified factors aligned with existing theories: technology, organization and environment (TOE) framework and eco-innovation theory. These theories help researchers to create effective strategies and produce significant findings from their research. Originality/value To the best of the authors’ knowledge, this study is the first to investigate food safety certification adoption among farmers in the Malaysian agriculture industry using the integration of the TOE framework and eco-innovation theory. The stakeholder is expected to receive the benefits of creating efficient campaigns to encourage more farmers to obtain food safety certification. This study provides further knowledge by improving the understanding of the processes involved in certification adoption, providing context-specific insights, best practices, policy guiding development and emphasizing the effects of certification on sustainability and competitiveness.","PeriodicalId":42719,"journal":{"name":"Journal of International Trade Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-10-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135567446","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}
Pub Date : 2023-09-29DOI: 10.1108/jitlp-01-2023-0003
Deannie Yi Ping Yap
Purpose This paper aims to investigate whether the practice of self-designation of developing country status in the World Trade Organization (WTO) risks irrelevance of the institution, having regard to legitimacy concerns and evolving trade policy considerations. Design/methodology/approach The methodology of this paper involves the application of critical analysis to assess the utility of regime overhaul vis-à-vis a detailed recalibration of the status quo; included in this are key examinations of whether the introduction of a definitive classification criteria will alleviate present challenges as well as critiques of alternative target-specific schemes. Findings This paper suggests that an ideal approach to the controversies surrounding self-designation steers away from pure income-based indicators to arrive at targeted special and differentiated treatment allocation. Such a framework anchors itself on principles of nuanced differentiation that support depoliticization and facilitate capacity building in developing countries. Originality/value To the best of the author’s knowledge, this paper represents an original evaluation of the possible reforms available to the WTO concerning the present status and functionality of the mechanism underpinning the practice of self-designation of developing country status.
{"title":"Developing country status in the WTO: investigating self-designation and perpetuation of the “pretend” culture","authors":"Deannie Yi Ping Yap","doi":"10.1108/jitlp-01-2023-0003","DOIUrl":"https://doi.org/10.1108/jitlp-01-2023-0003","url":null,"abstract":"Purpose This paper aims to investigate whether the practice of self-designation of developing country status in the World Trade Organization (WTO) risks irrelevance of the institution, having regard to legitimacy concerns and evolving trade policy considerations. Design/methodology/approach The methodology of this paper involves the application of critical analysis to assess the utility of regime overhaul vis-à-vis a detailed recalibration of the status quo; included in this are key examinations of whether the introduction of a definitive classification criteria will alleviate present challenges as well as critiques of alternative target-specific schemes. Findings This paper suggests that an ideal approach to the controversies surrounding self-designation steers away from pure income-based indicators to arrive at targeted special and differentiated treatment allocation. Such a framework anchors itself on principles of nuanced differentiation that support depoliticization and facilitate capacity building in developing countries. Originality/value To the best of the author’s knowledge, this paper represents an original evaluation of the possible reforms available to the WTO concerning the present status and functionality of the mechanism underpinning the practice of self-designation of developing country status.","PeriodicalId":42719,"journal":{"name":"Journal of International Trade Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135131604","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}
Pub Date : 2023-06-28DOI: 10.1108/jitlp-01-2023-0004
Stephanie Garibaldi, Felicity Deane
Purpose The purpose of this paper is to demonstrate that the national security exception will not allow governments to respond to cyberspace threats within the confines of the world trade organization (WTO) rules. Design/methodology/approach This paper is a desktop study of international trade laws with a specific focus on the convergence of cybersecurity measures and the national security exception provisions of the WTO. Findings The trends towards cybersecurity measures may mean there will inevitably be an evolution of trade norms. The question is, will the collective of the WTO be a part of the evolution, or merely an observer? In the authors’ view, it is crucial that it is the former. Originality/value This study makes three contributions. It provides a literature review and discussion on cybersecurity and the impact on trade. It demonstrates that the national security exception provision will not excuse these measures, and it aims to underscore the importance of the WTO as a community of nations where negotiation on important global issues is possible.
{"title":"Cyberspace as a fifth dimension of national security: trade measure exceptions","authors":"Stephanie Garibaldi, Felicity Deane","doi":"10.1108/jitlp-01-2023-0004","DOIUrl":"https://doi.org/10.1108/jitlp-01-2023-0004","url":null,"abstract":"\u0000Purpose\u0000The purpose of this paper is to demonstrate that the national security exception will not allow governments to respond to cyberspace threats within the confines of the world trade organization (WTO) rules.\u0000\u0000\u0000Design/methodology/approach\u0000This paper is a desktop study of international trade laws with a specific focus on the convergence of cybersecurity measures and the national security exception provisions of the WTO.\u0000\u0000\u0000Findings\u0000The trends towards cybersecurity measures may mean there will inevitably be an evolution of trade norms. The question is, will the collective of the WTO be a part of the evolution, or merely an observer? In the authors’ view, it is crucial that it is the former.\u0000\u0000\u0000Originality/value\u0000This study makes three contributions. It provides a literature review and discussion on cybersecurity and the impact on trade. It demonstrates that the national security exception provision will not excuse these measures, and it aims to underscore the importance of the WTO as a community of nations where negotiation on important global issues is possible.\u0000","PeriodicalId":42719,"journal":{"name":"Journal of International Trade Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.9,"publicationDate":"2023-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48905627","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}
Pub Date : 2023-05-25DOI: 10.1108/jitlp-02-2023-0011
B. Hagos
Purpose This paper aims to examine the road ahead for the African Continental Free Trade Area (AfCFTA), focusing on its potential opportunities and challenges. It is intended to help the AfCFTA’s effective implementation by highlighting the major areas of intervention for State Parties. Design/methodology/approach The paper analyses relevant economic, political and legal research sources on regional integration in Africa and offers some personal views of the author to evaluate the past, present and future of the AfCFTA. Findings The paper shows that the AfCFTA can support its State Parties’ industrialization and diversification, better integrate micro-, small- and medium-sized enterprises (MSMEs) to regional value chains, create jobs, encourage sustainable investments and help its State Parties have common positions on global issues and achieve development. But, it also shows the challenges facing the AfCFTA, which include infrastructure gap, revenue and job losses, overlapping membership of State Parties in Regional Economic Communities, cumbersome customs systems, difficulty to cross African borders, fledgling MSMEs and inadequate technical capacity on trade policy. Accordingly, it recommends that State Parties continuously take various actions to address these challenges and maximize the multiple benefits of the AfCFTA. Originality/value The paper provides a comprehensive and up-to-date appraisal of the opportunities and challenges of the AfCFTA, both in the context of the history of regional integration in Africa and the recent global shocks that adversely impacted the continent (COVID-19 and the war in Ukraine).
{"title":"The African continental free trade area: the road ahead for the continent’s bold integration project","authors":"B. Hagos","doi":"10.1108/jitlp-02-2023-0011","DOIUrl":"https://doi.org/10.1108/jitlp-02-2023-0011","url":null,"abstract":"\u0000Purpose\u0000This paper aims to examine the road ahead for the African Continental Free Trade Area (AfCFTA), focusing on its potential opportunities and challenges. It is intended to help the AfCFTA’s effective implementation by highlighting the major areas of intervention for State Parties.\u0000\u0000\u0000Design/methodology/approach\u0000The paper analyses relevant economic, political and legal research sources on regional integration in Africa and offers some personal views of the author to evaluate the past, present and future of the AfCFTA.\u0000\u0000\u0000Findings\u0000The paper shows that the AfCFTA can support its State Parties’ industrialization and diversification, better integrate micro-, small- and medium-sized enterprises (MSMEs) to regional value chains, create jobs, encourage sustainable investments and help its State Parties have common positions on global issues and achieve development. But, it also shows the challenges facing the AfCFTA, which include infrastructure gap, revenue and job losses, overlapping membership of State Parties in Regional Economic Communities, cumbersome customs systems, difficulty to cross African borders, fledgling MSMEs and inadequate technical capacity on trade policy. Accordingly, it recommends that State Parties continuously take various actions to address these challenges and maximize the multiple benefits of the AfCFTA.\u0000\u0000\u0000Originality/value\u0000The paper provides a comprehensive and up-to-date appraisal of the opportunities and challenges of the AfCFTA, both in the context of the history of regional integration in Africa and the recent global shocks that adversely impacted the continent (COVID-19 and the war in Ukraine).\u0000","PeriodicalId":42719,"journal":{"name":"Journal of International Trade Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.9,"publicationDate":"2023-05-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46873090","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}
Pub Date : 2023-05-03DOI: 10.1108/jitlp-07-2022-0024
Ahan Gadkari
Purpose This paper aims to examine options under the General Agreement on Tariffs and Trade (GATT) for exempting or justifying export restrictions or prohibitions that are in principle prohibited under Article XI:1 GATT. The paper begins by examining the exception under Article XI:2 (a) GATT, before going on to the arguments under GATT Article XX (b) and (j). In addition, the analysis considers the national security exception in Article XXI (b) (iii) GATT, given that WTO members have increasingly invoked this provision in recent years, as well as during the pandemic, when Namibia implemented COVID-19-related trade restrictions under the Agreement on Technical Barriers to Trade based on national security concerns. Design/methodology/approach The impacts of the COVID-19 pandemic on trade have been far-reaching. Countries have attempted to place export restrictions on personal protective equipment and COVID-19 vaccines. Even though export restrictions are generally unlawful under the GATT, countries have decided it is necessary at this time. Members have relied heavily on the “national security” and “critical shortage” exceptions outlined in the GATT. Findings This paper concludes that, depending on the circumstances of a particular case, a pandemic may constitute an emergency in international relations, as defined in Article XXI (b) (iii) GATT, and that, in such a situation, a WTO member may legitimately take action to protect its vital security interests. Originality/value The paper provides an original conclusion based on WTO case law on an issue of contemporary relevance.
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