Global Trade and Customs Journal最新文献_第8页

Application of Dispute Settlement in Free Trade Agreements (FTAs’): A Cross Country Analysis of Modern FTAs’ 争端解决机制在自由贸易协定中的应用:对现代自由贸易协定的跨国分析

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Global Trade and Customs Journal Pub Date : 2022-07-01 DOI: 10.54648/gtcj2022044

Ronjini Ray, Rishabha Meena

{"title":"Application of Dispute Settlement in Free Trade Agreements (FTAs’): A Cross Country Analysis of Modern FTAs’","authors":"Ronjini Ray, Rishabha Meena","doi":"10.54648/gtcj2022044","DOIUrl":"https://doi.org/10.54648/gtcj2022044","url":null,"abstract":"Most modern free trade agreements (FTAs’) include chapters on a variety of topics such as investment, digital trade, labour, gender, environment and small-medium enterprises. These new issues are often addressed in FTAs’ as there is a lack of development of multilateral rules on these areas at the World Trade Organization (WTO). Further, many of these aspects are non-trade issuesviz. environment, labour, competition policy, and investment. These areas are contentious and often face opposition from the Global South and are frequently excluded from the scope of dispute settlement. Against this background, this article examines the trends with respect to the application of the dispute settlement across recent FTAs’ concluded by certain developed countries such as the United States, Canada, Australia, the European Union (EU) and the United Kingdom (UK). This article examines recent FTAs’ and categorizes its chapters as follows: (1) Chapters always subject to dispute settlement, (2) Chapters not subjected to dispute settlement and (3) Chapters that have inconsistent recourse to dispute settlement. Accordingly, the article provides a cross country assessment of the FTA chapters with dispute settlement provisions and the rationale behind such divergent practices.\u0000FTA, developed, non-trade, dispute settlement, sustainable trade, USMCA, gender, environment, labour, multilateralism.","PeriodicalId":12728,"journal":{"name":"Global Trade and Customs Journal","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48065506","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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EU-China Agreement on Investment: Lessons for India from the Sino-European Model 中欧投资协定:中欧模式对印度的启示

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Global Trade and Customs Journal Pub Date : 2022-07-01 DOI: 10.54648/gtcj2022047

Apoorva Singh Vishnoi, Amandeep Kaur Bajwa

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The WTO’s Dispute Settlement System: Pathways for Reform WTO争端解决机制:改革之路

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Global Trade and Customs Journal Pub Date : 2022-07-01 DOI: 10.54648/gtcj2022037

Ujal Singh Bhatia

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Settling Trade Related Labour Disputes: FTAs’ Pathways for Greater Social Justice in Globalization 解决与贸易有关的劳资纠纷:自由贸易协定在全球化中实现更大社会正义的途径

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Global Trade and Customs Journal Pub Date : 2022-07-01 DOI: 10.54648/gtcj2022041

L. Choukroune

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Transparency in ISDS: A Study Based on Multi-party Agreements ISDS中的透明度：基于多方协议的研究

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Global Trade and Customs Journal Pub Date : 2022-07-01 DOI: 10.54648/gtcj2022048

Smrithi Bhaskar, V. Choudhary

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The Revised Enforcement Regulation (No 2021/167) and Some Possible Effects on EU Trade Disputes 修订后的执行条例(第2021/167号)及其对欧盟贸易争端可能产生的影响

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Global Trade and Customs Journal Pub Date : 2022-07-01 DOI: 10.54648/gtcj2022040

F. Graafsma

{"title":"The Revised Enforcement Regulation (No 2021/167) and Some Possible Effects on EU Trade Disputes","authors":"F. Graafsma","doi":"10.54648/gtcj2022040","DOIUrl":"https://doi.org/10.54648/gtcj2022040","url":null,"abstract":"The European Union has enacted revisions to its previous Enforcement Regulation. This overview will describe some of the main changes introduced by the amendments and their possible effects on trade disputes between the EU and its opposing party.\u0000The Revised Enforcement Regulation has filled some lacuna in the aftermath of the decapitation of the Appellate Body and has broadened the scope of the previous Enforcement Regulation. Areas such as services and intellectual property rights have now come into the Regulation’s ambit. The Revised Enforcement Regulation is a part of the EU’s ‘Carrot and Stick’ strategy, which seeks to promote the use of the Multiparty Interim Appeal Arbitration Arrangement (MPIA) rather than parties escaping their responsibilities in the aftermath of a Panel report by appealing into ‘the void’. The Regulation has also expanded towards bilateral and regional trade agreements, including where provisions of Trade and Sustainable Development (TSD) are at stake.\u0000This overview will also briefly discuss the compatibility of the Revised Regulation with the EU’s World Trade Organization (WTO) obligations. The fact that other Members may be incentivized to join a rational and alternative means of dispute resolution is a successful outcome in itself. Whether the Revised Enforcement Regulation will ever be used is another question altogether. The lesser need for its use may actually signify the success of its existence.\u0000EU, Trade, Revised Enforcement Regulation, Disputes, WTO, MPIA, Regulation 2021/167, Appellate Body, Panel, Article 25 DSU, Implementation And Retaliation, Suspension of Concessions, International Law, Bilateral Trade Agreements, TSD","PeriodicalId":12728,"journal":{"name":"Global Trade and Customs Journal","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45673963","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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Dispute Settlement in Indian FTAs’: Shaping the Future with Lessons from the Past 印度自由贸易协定中的争端解决:借鉴过去的经验塑造未来

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Global Trade and Customs Journal Pub Date : 2022-07-01 DOI: 10.54648/gtcj2022042

Shailja Singh

{"title":"Dispute Settlement in Indian FTAs’: Shaping the Future with Lessons from the Past","authors":"Shailja Singh","doi":"10.54648/gtcj2022042","DOIUrl":"https://doi.org/10.54648/gtcj2022042","url":null,"abstract":"India is no stranger to free trade agreements (FTAs), having notified seventeen of them as ‘in force’ to the WTO. In the last six months, India has concluded two new FTAs and is also actively engaged in the process of negotiating major ones with its key trading partners such as the UK, EU and Canada. With the WTO’s Appellate Body still non-functional, the spotlight is now on the dispute settlement mechanisms under the FTAs and their potential to be a viable alternative to the multilateral mechanism. Hence, an analysis of the select practices in the existing Indian FTAs is not just timely but also critical. This short article attempts to evaluate five specific elements pertaining to dispute settlement in Indian FTAs, namely the scope, the choice of forum, the structure of the dispute resolution mechanism, the process of the appointment of arbitrators/panellists and the case of non-implementation/retaliation. Through this examination, the article attempts to identify and propose specific elements for any future dispute settlement framework in India’s upcoming FTAs.\u0000dispute settlement mechanism, Indian FTAs, WTO, free trade agreements, choice of forum, appointment of arbitrators, arbitration, negotiations, panel","PeriodicalId":12728,"journal":{"name":"Global Trade and Customs Journal","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43985005","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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Binational Panel Review of Trade Remedies Determinations: Prospects for Exporting the USMCA’s Unique Procedure 贸易救济决定的两国小组审查：出口美国医师协会独特程序的前景

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Global Trade and Customs Journal Pub Date : 2022-07-01 DOI: 10.54648/gtcj2022038

J. Vanduzer

{"title":"Binational Panel Review of Trade Remedies Determinations: Prospects for Exporting the USMCA’s Unique Procedure","authors":"J. Vanduzer","doi":"10.54648/gtcj2022038","DOIUrl":"https://doi.org/10.54648/gtcj2022038","url":null,"abstract":"The United States-Mexico-Canada Agreement (USMCA) contains a distinctive procedure under which anti-dumping and countervailing duty determinations by national agencies can be reviewed by an ad hoc binational panel established under the treaty as an alternative to domestic court review. Binational panel review was first adopted in the Canada-US Free Trade Agreement (Canada-US FTA) to respond to Canada’s concern that the administration of the US anti-dumping and countervailing duty laws by the US agencies was biased in favour of the US domestic industries and the review of agency determinations by the US courts was inadequate to address that bias. Continuing Canadian concerns, shared by Mexico, resulted in binational panel review being included in the USMCA, even though the US had sought to eliminate it. Compared to US judicial review, binational panels under the Canada-US FTA and its successor, the North American Free Trade Agreement (NAFTA), have resulted in more frequent remands of the US agency determinations often leading to lower (or even zero) duties in anti-dumping and countervailing duty cases. As well, the prospect of rigorous panel review has discouraged the filing of anti-dumping and countervailing duty cases, the commencement of anti-dumping and countervailing duty investigations, and the imposition of duties in relation to imports from Canada and Mexico. Adopting binational panel review in other treaty contexts would be most attractive where significant concerns about domestic agencies comparable to Canada’s are present and national anti-dumping and countervailing duty regimes in participating countries have similar structures and procedures for judicial review.\u0000anti-dumping, countervailing duty, trade remedies, free trade, North America, dispute settlement","PeriodicalId":12728,"journal":{"name":"Global Trade and Customs Journal","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42854790","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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Emerging Trends in Investor-State Dispute Settlement in New Free Trade Agreements 新自由贸易协定中投资者与国家争端解决的新趋势

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Global Trade and Customs Journal Pub Date : 2022-07-01 DOI: 10.54648/gtcj2022046

Prabhash Ranjan

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Austria’s new Foreign Direct Investment Law: Review and Outlook 奥地利新的外国直接投资法:回顾与展望

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Global Trade and Customs Journal Pub Date : 2022-06-01 DOI: 10.54648/gtcj2022032

Martin Wolfgang Zankl

引用次数: 0