Journal of International Trade Law and Policy最新文献

{"title":"Application of MFN to investment dispute settlement: rule of law issues","authors":"T. Sharmin, E. Laryea","doi":"10.1108/JITLP-05-2020-0031","DOIUrl":"https://doi.org/10.1108/JITLP-05-2020-0031","url":null,"abstract":"\u0000Purpose\u0000Over the past two decades, the application of most-favoured-nation (MFN) clauses in international investment agreements (IIAs) to dispute settlement matters has generated controversy. The purpose of this paper is to help resolve some of the controversies by examining the rule of law issues that may arise from such application of MFN.\u0000\u0000\u0000Design/methodology/approach\u0000The study describes controversies regarding the application of MFN to dispute settlement as per the extant literature on the subject. It explores the elements of rule of law in investor-state arbitration. The paper then analyses the implications of applying MFN to dispute settlement matters for the elements of rule of law. Based on such analysis, the study argues that the application of MFN to dispute settlement matters undermines certain elements of rule of law.\u0000\u0000\u0000Findings\u0000The paper has outlined the relevant elements of rule of law in investor-state arbitration as access to dispute settlement; judicial (or tribunal) independence, fairness and impartiality; consistency and predictability of law and decisions; transparency; accountability and subjection of dispute forums and systems to law. It found that the application of MFN undermines various components of rule of law, in particular of consistency and predictability and the requirement of tribunals to adjudicate within the limits of the law.\u0000\u0000\u0000Originality/value\u0000The findings of this study will help future investor-state arbitral tribunals to decide on the application of MFN to dispute settlement matters.\u0000","PeriodicalId":42719,"journal":{"name":"Journal of International Trade Law and Policy","volume":"20 1","pages":"21-41"},"PeriodicalIF":0.9,"publicationDate":"2021-01-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45749907","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}

{"title":"Constructing a tax regime for the regulation of trade in digital content","authors":"T. Okah-Avae, B. Mukoro","doi":"10.1108/jitlp-03-2020-0021","DOIUrl":"https://doi.org/10.1108/jitlp-03-2020-0021","url":null,"abstract":"\u0000Purpose\u0000The paper aims to consider how a country like Nigeria, with an underdeveloped tax system, can adapt its tax generation mechanisms to meet the challenges of digital commerce in the 21st century.\u0000\u0000\u0000Design/methodology/approach\u0000The paper adopts a doctrinal approach.\u0000\u0000\u0000Findings\u0000The paper recommends measures that could be adopted to enhance the efficiency of the current tax systems, to allow it to take advantage of opportunities presented by digital transactions.\u0000\u0000\u0000Originality/value\u0000To the best the authors’ knowledge, this paper is the first of its kind to consider the taxation of digital transactions in the Nigerian context.\u0000","PeriodicalId":42719,"journal":{"name":"Journal of International Trade Law and Policy","volume":"19 1","pages":"121-138"},"PeriodicalIF":0.9,"publicationDate":"2020-11-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1108/jitlp-03-2020-0021","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49070623","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}

{"title":"China’s blocking mechanism: the unreliable entity list","authors":"Qingxiu Bu","doi":"10.1108/jitlp-08-2020-0048","DOIUrl":"https://doi.org/10.1108/jitlp-08-2020-0048","url":null,"abstract":"\u0000Purpose\u0000The purpose of this paper is to seek to break the deadlock of the current confrontations between the two powers.\u0000\u0000\u0000Design/methodology/approach\u0000The paper is comparative and theoretical.\u0000\u0000\u0000Findings\u0000The findings suggest that multinational corporations would be put between a rock and a hard place.\u0000\u0000\u0000Originality/value\u0000Only multi-pronged approaches could be viable to address the issue.\u0000","PeriodicalId":42719,"journal":{"name":"Journal of International Trade Law and Policy","volume":"19 1","pages":"159-180"},"PeriodicalIF":0.9,"publicationDate":"2020-11-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1108/jitlp-08-2020-0048","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41528147","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}

{"title":"Non-tariff barriers removal in the Brazilian coffee industry","authors":"Krisley Mendes, André Araújo Luchine","doi":"10.1108/jitlp-04-2020-0027","DOIUrl":"https://doi.org/10.1108/jitlp-04-2020-0027","url":null,"abstract":"\u0000Purpose\u0000This study aims to identify and classified non-tariff measures (NTMs) on Brazilian imports of robusta coffee beans, calculated a tariff-equivalent of non-tariff barriers (NTBs) and assessed the effects of removing NTBs from upstream and downstream domestic instant coffee supply chain.\u0000\u0000\u0000Design/methodology/approach\u0000The analysis uses documentary research to identify NTMs and the price-wedge method is applied to estimate a tariff-equivalent. The effects of suppressing the tariff-equivalent were evaluated using a partial equilibrium model with constant elasticity of substitution (Armington, 1969) and by incorporating vertical integration and uncertainty (Hallren and Opanasets, 2018).\u0000\u0000\u0000Findings\u0000The results show that NTMs seemingly hinder the entrance of coffee beans into the domestic market. The tariff-equivalent was estimated at 13.61%. Suppressing it reveals that the share of domestic coffee beans used to produce domestic instant coffee falls 0.21 p.p. while the share of domestic instant coffee consumed by the international trade rises 8.60 p.p.\u0000\u0000\u0000Originality/value\u0000What makes this paper original is that this paper investigated the effects of NTMs in a developing country, namely, Brazil. Although Brazil is one of the largest agricultural producers in the world, it has not appeared in literature in this type of analysis until now. Furthermore, it contributes to the literature on using existing techniques to investigate the impact of NTM removal on individual products in a specific country, in contrast to more recent papers that discuss using multi-country and multi-product data sets at the HTS-6 level. Thus, this paper demonstrates how a case study approach can be useful in quantifying policy changes.\u0000","PeriodicalId":42719,"journal":{"name":"Journal of International Trade Law and Policy","volume":"19 1","pages":"139-157"},"PeriodicalIF":0.9,"publicationDate":"2020-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1108/jitlp-04-2020-0027","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46465974","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}

{"title":"A necessary reform of agriculture market access rules","authors":"Ismaelline Eba Nguema","doi":"10.1108/jitlp-06-2019-0030","DOIUrl":"https://doi.org/10.1108/jitlp-06-2019-0030","url":null,"abstract":"The purpose of this paper is to demonstrate by text and empirical facts, the need to reform the rules in force.,This study confronts current standards with empirical facts. To do this, it is postulated that even though current market access standards are better that the Gatt 1947 rules, they leave the possibility for some members to hijack them to eventually increase their protection effective tariff.,Market access standards for agricultural products should be reformed because of their asymmetry. To put an end to this asymmetry, these standards should be rebalanced. This is precisely the challenge of the current multilateral negotiations.,Unlike the studies conducted on this subject (to my knowledge), which are mainly based on economic or political science methods, this analysis is essentially based on legal reasoning law.","PeriodicalId":42719,"journal":{"name":"Journal of International Trade Law and Policy","volume":"19 1","pages":"101-120"},"PeriodicalIF":0.9,"publicationDate":"2020-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1108/jitlp-06-2019-0030","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47008843","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}

{"title":"Intertwined paths of globalization and international investment law","authors":"Agata Ferreira","doi":"10.1108/jitlp-01-2020-0010","DOIUrl":"https://doi.org/10.1108/jitlp-01-2020-0010","url":null,"abstract":"International investment law has become a powerful tool of global economic governance. With its global network of international investment treaties and effective arbitration mechanism, it has made an extraordinary leap from a relatively niche and underrated area of international law to one of the most prominent legal regimes. This paper aims to illustrate how the evolutionary trajectories of globalization and international investment law have been intertwined.,This paper follows the historical unfolding of international investment law against the background of the globalization phenomenon, tracing the history of globalization processes since the expansion of European interests and export of capital and the onset of the international investment legal framework.,The evolution of globalization and international investment law has always been intertwined and co-dependent, experiencing similar phases of acceleration, transformation, adjustment and progress. This paper finds that the current era of globalization is characterized by an increasing complexity and diversity of transnational interests and global connections; this is also true for international investment law, which is undergoing changes aimed at including wider contexts and interests in international investment relations.,The analysis contributes to a more holistic understanding of the interdependence of these two phenomena, helping to explain how international investment law has become such a powerful, globally recognized and applied legal regime.","PeriodicalId":42719,"journal":{"name":"Journal of International Trade Law and Policy","volume":"19 1","pages":"85-89"},"PeriodicalIF":0.9,"publicationDate":"2020-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1108/jitlp-01-2020-0010","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48489998","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}

{"title":"Imposition of trade tariffs by the USA on China: implications for the WTO and international trade law","authors":"U. Nwoke","doi":"10.1108/jitlp-01-2019-0003","DOIUrl":"https://doi.org/10.1108/jitlp-01-2019-0003","url":null,"abstract":"The increased integration of national economies and the belief that international trade is beneficial to societies has led to the formation of the World Trade Organization (WTO), to regulate the conduct of international trade by national governments. Using US domestic legislation and case laws, as well as the provisions of the General Agreement on Tariffs and Trade (GATT) 1994, the purpose of this paper is to analyze the legality or otherwise of the recent imposition of unilateral trade tariffs by the USA on China.,This paper adopts a doctrinal approach through a critical review of extant legislation and case laws. Drawing from existing literature in the area of WTO and international trade law, the paper argues that the imposition of tariffs by the Trump administration is outside the scope provided for by the WTO rules.,The paper finds that the imposition of unilateral tariffs by the Trump Government, while in breach of US domestic legislation and case laws, as well as the country’s obligations under the GATT 1994, portends a clear danger to the continued existence of the WTO and to international trade in general.,This paper is an original study of the author, which extends the body of knowledge in the area of international trade law, by analyzing the possible implications of the imposition of trade tariffs by the USA on China and offering suggestions on how the impasse can be resolved.","PeriodicalId":42719,"journal":{"name":"Journal of International Trade Law and Policy","volume":"19 1","pages":"69-84"},"PeriodicalIF":0.9,"publicationDate":"2020-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1108/jitlp-01-2019-0003","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46868046","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}

{"title":"E-commerce mercantilism-practices and causes","authors":"C. Chu, Po-Ching Lee","doi":"10.1108/jitlp-08-2019-0054","DOIUrl":"https://doi.org/10.1108/jitlp-08-2019-0054","url":null,"abstract":"This paper aims to highlight in particular one commercially influential but subtle constituent of China’s mercantilist stratagem – asymmetrical internet access. The wider aim of the paper is to provide a solid basis of real-world facts and knowledge to the e-commerce discussions at the World Trade Organization and the ongoing plurilateral e-commerce negotiations.,This paper uses an empirical approach to reflect the general experiences of consumers connecting from China to e-commerce platform websites in other countries and vice versa consumers connecting from other countries to China’s e-commerce platform.,The empirical data show that Chinese potential customers trying to connect to the websites of foreign internet retailers in 17 other sample countries are faced with prohibitively long waiting times. In contrast, the average waiting time that it takes for customers in those other 17 countries to link up to China’s major internet retail platforms is much shorter.,The hard evidence presented here serves to strengthen the arguments that such internet censorship is used by China to establish unfair e-commerce advantage. This paper further argues that the General Agreement on Trade in Services is restrained from providing systemic solutions to the digital mercantilism problem. It is essential, therefore, that the ongoing plurilateral e-commerce negotiations address this issue.,This paper is the first to publish detailed results of a systematic survey designed to analyze the impact of asymmetrical internet access in China. It is also the first to examine the extent and effect of differing internet connection speeds in the context of international trade. The outcome of the survey provides a factual base for future rule-making at the multilateral level.","PeriodicalId":42719,"journal":{"name":"Journal of International Trade Law and Policy","volume":"19 1","pages":"51-66"},"PeriodicalIF":0.9,"publicationDate":"2020-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1108/jitlp-08-2019-0054","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46020949","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}

{"title":"A comparative study of the CISG and the North Korean contract law as to formation of a contract","authors":"Sang Man Kim","doi":"10.1108/jitlp-07-2019-0046","DOIUrl":"https://doi.org/10.1108/jitlp-07-2019-0046","url":null,"abstract":"North Korea joined the United Nations Convention on Contracts for the International Sale of Goods (CISG) as a 90th member on March 27, 2019, which will necessitate the understanding of North Korean laws, in particular, the contract law for sale. This paper aims to compare the CISG and the North Korean contract law as to the formation of a contract focusing on form and writing requirement, offer and acceptance.,This paper analyzes the provisions of the North Korean Civil Code and the CISG and reviews the previous research studies concerning the formation of a contract.,The CISG and the North Korean Civil Code are very similar in many aspects as to the formation of a contract. However, there are some discrepancies as to the formation of a contract to which the parties need to pay attention in choosing the governing law.,The parties need to pay attention to the differences concerning the formation of a contract between the North Korean Civil Code and the CISG in concluding a contract for sale with North Korea.,This paper will be the first research work, to the best of the author’s knowledge, on the comparison of the CISG and the North Korean contract law as to the formation of a contract.","PeriodicalId":42719,"journal":{"name":"Journal of International Trade Law and Policy","volume":"19 1","pages":"36-50"},"PeriodicalIF":0.9,"publicationDate":"2020-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1108/jitlp-07-2019-0046","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49507655","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}

{"title":"Global auto industry and product standards","authors":"D. Chakraborty, J. Chaisse, Shameek Pahari","doi":"10.1108/jitlp-10-2019-0063","DOIUrl":"https://doi.org/10.1108/jitlp-10-2019-0063","url":null,"abstract":"This paper aims to analyze whether the domestic policy reforms in India would suffice, or there is a need to conform to stricter international standards as well. The paper is arranged along the following lines. First, the paper offers a brief review of the cooperation in the field of harmonization of vehicle regulations which is provided by the so-called WP.29 Forum. Second, the United Nations Economic Commission for Europe (UNECE) standards and their membership along with Indian participation in the forum are presented. Third, reforms in India through the “Make in India” (MII) initiative and its trade in the auto-component segment are analyzed. Fourth, the possible non-tariff barriers (NTBs) on imports of auto-components in select partner countries is computed and presented. Fifth, the penetration pattern of partner countries in India’s automotive sector export value chain is analyzed. Finally, based on the observations, key policy conclusions are drawn both from global and Indian perspectives.,This paper blends expertise in law and economics and enables readers to have a finer understanding of the automotive sector which is one of the most internationalized product groups in world trade, characterized by not only cross-border movement of final products, but also of intermediate products like auto-parts and components as well as major global investment and relocation decisions. This paper focuses on India for four crucial reasons, which makes India both a key player (and potential disruptor) at global level and the rather complex approach chosen by the country vis-a-vis many regulations (including UNECE and WTO), reflecting its tendency to rely on domestic consolidation through measures such as the 2014 MII initiative.,The data analysis in the current paper indicates that after conforming to the UNECE 1998 standard, India’s relative trade with these countries has increased both in terms of auto-components and automobile products. Moreover, the value contribution from these partner countries in India’s exports is rising. On the other hand, the relative share of the UNECE 1958 countries in India’s trade basket has declined and a mixed trend is noticed for the common contracting parties (CPs). In addition, the share of the countries without accession to any of the UNECE agreements in India’s trade has shown an upward trend. The observation indicates that the divergence in automotive product standards might crucially influence India’s trade flows. It seems that in the short run, an orientation for exporting to UNECE 1998 partners and non-members emerges as a dominant strategy, underlining a specialization in medium-quality segment. Nevertheless, the long-term robustness of such a move deserves closer analysis, particularly by focusing on whether India may need to join the UNECE 1958 agreement to sustain its export growth. Before joining UNECE 1998, the sector has enjoyed protection through high tariff barriers. Given the differing perspective on ope","PeriodicalId":42719,"journal":{"name":"Journal of International Trade Law and Policy","volume":"19 1","pages":"8-35"},"PeriodicalIF":0.9,"publicationDate":"2020-02-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1108/jitlp-10-2019-0063","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41952744","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}