{"title":"Digital Platforms and European Union Law – Challenges from a Perspective of Multilevel Constitutionalism","authors":"Graça Enes","doi":"10.21814/UNIO.5.1.248","DOIUrl":"https://doi.org/10.21814/UNIO.5.1.248","url":null,"abstract":"Present economy and society are under a “digital revolution”. Digital platforms connect service and product suppliers to recipients all around the world creating new businesses and changing business models in place. Old-fashioned informal gig-economy and sharing practices by using the new technology seem to change consumption and production patterns to more efficient and sustainable ones… or maybe not. This “new economy” also poses several challenges to law questioning the adequacy of concepts and regulations in force. Disputes with authorities and incumbent industries end up in violence or in courts, including the European Court of Justice. We intend to give an overview of those challenges, especially in light of European Union law and following a multilevel constitutionalist approach, which we believe is best suited to respond to the regulatory challenges of this “new economy”.","PeriodicalId":218878,"journal":{"name":"Law & Society: International & Comparative Law eJournal","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-01-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133248990","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":"Ensuring a Level Playing Field Post-Brexit: State Aid Control","authors":"Vincent Verouden, Pablo Ibáñez Colomo","doi":"10.2139/ssrn.3316146","DOIUrl":"https://doi.org/10.2139/ssrn.3316146","url":null,"abstract":"This paper aims to analyse some of the main economic, legal and institutional factors that will have been relevant in the formulation of the State aid provisions in the Withdrawal Agreement (and the White Paper previously submitted by the UK Government). It compares these provisions with other models, in particular the EEA system (and its variations). In addition, it considers the extent to which the model enshrined in the Withdrawal Agreement will be maintained in any future trade agreement concluded between the EU and the UK.","PeriodicalId":218878,"journal":{"name":"Law & Society: International & Comparative Law eJournal","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127721601","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":"Arising of Trade Disputes Among the G20: Evaluation of US-China Trade Relations in the Context of World Trading System","authors":"Yagoub Elryah","doi":"10.18639/MERJ.2019.665796","DOIUrl":"https://doi.org/10.18639/MERJ.2019.665796","url":null,"abstract":"Trade policy among the G20 has emerged as one of the challenges the group faces during the last decade after the 2008 global financial crisis. This paper aims at analyzing the current trade disputes between China and the United States and the efforts the G20 has taken to settle these disputes. The fundamental questions this study attempts to answer are as follows: (1) what the US–China trade dispute means for the world trading system? (2) what the G20 can do to prevent destructive trade wars? We confront this view by critically examining a large body of evidence on the effects of trade policy on economically important outcomes. We begin with a discussion of the role of G20 in stabilizing world economy. We show the G20’s recent economic and trade development challenges and measurements of trade policy and identification of its causal effects. We present the trade balance between the United States and China. We also illustrate the efforts made by the G20 in promoting the development of China–US trade cooperation. Data were collected from different sources. Data are collected from the World Bank, the World Trade Organization (WTO) publications, and the G20 summits’ reports. The results show that the United States has a trade deficit with China, and the global growth would be notably curtailed as investment and consumer spending fall back. The G20 should focus on supporting the WTO, being upfront about the mixed effects of trade and investment, and improving G20 measures to tackle protectionism.","PeriodicalId":218878,"journal":{"name":"Law & Society: International & Comparative Law eJournal","volume":"150 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-01-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116363577","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":"Securing Enforcement of Arbitral Awards - The Problem(s) with Non-Parties","authors":"James Woolrich","doi":"10.2139/ssrn.3343697","DOIUrl":"https://doi.org/10.2139/ssrn.3343697","url":null,"abstract":"Taking as its ‘base case’ an English-seated international commercial arbitration which has proceeded to the grant of a final award, this article provides a broad overview of how an award creditor, who has successfully obtained a recognition and enforcement order under section 66 of the Arbitration Act 1996 (the “1996 Act”), can obtain court orders against (foreign) non-parties in support of enforcement, perhaps to obtain information or to conserve assets. It does so from two (slightly overlapping) perspectives. First, that of English domestic law, i.e. what powers are available against (foreign) non-parties to the arbitration after an award has been granted? (This is sometimes referred to, sometimes confusingly, as the English court’s ‘jurisdiction’.) Secondly, that of private international law, i.e. when does the English court have (international) jurisdiction over foreign non-parties?","PeriodicalId":218878,"journal":{"name":"Law & Society: International & Comparative Law eJournal","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-01-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128605681","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":"How to Ensure Your Supervisory College Meeting Is an Abysmal Failure","authors":"Duncan E. Alford","doi":"10.2139/ssrn.3382380","DOIUrl":"https://doi.org/10.2139/ssrn.3382380","url":null,"abstract":"This tongue-in-cheek short article is based on my conversations with central bankers and bank supervisors regarding the operation of supervisory colleges. The tone of the article was inspired by a “tongue in cheek” presentation by the Honorable William B. Traxler, Jr., judge on the 4th Circuit Court of Appeals, Richmond, Virginia, at a bar meeting in South Carolina in the late 1990s and more recently, by a dinner speech given by Norman T.L. Chan on Nov. 22, 2017, entitled “How to Get Rid of Banking Supervisors.” Mr. Chan indicated his motivation for the title of the speech was to attract “a few more senior bankers to help foot the dinner bill.”","PeriodicalId":218878,"journal":{"name":"Law & Society: International & Comparative Law eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-01-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122250367","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":"Creafree, The Alternative","authors":"Dick Van Gelder","doi":"10.2139/ssrn.3319348","DOIUrl":"https://doi.org/10.2139/ssrn.3319348","url":null,"abstract":"Changing the intellectual property system while implementing the Creafree Standard. Implementation of human rights for all creative works and accessible for all, regardless of income.","PeriodicalId":218878,"journal":{"name":"Law & Society: International & Comparative Law eJournal","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-01-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126701334","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":"UK Abortion Law: Reform Proposals, Private Members’ Bills, Devolution and the Role of the Courts","authors":"R. Taylor","doi":"10.1111/1468-2230.12389","DOIUrl":"https://doi.org/10.1111/1468-2230.12389","url":null,"abstract":"UK abortion law remains unsettled, and is subject to on-going controversy and reform. This article offers for the first time a comprehensive critique of the reforms which have been implemented or proposed since 2016. First, it will examine reforms proposed in both Houses of Parliament at Westminster. This article will contextualise these reforms within a wider public law analysis, showing both that the complex parliamentary processes relating to Private Members’ Bills have frustrated reform attempts, and that these attempts have been contradictory in their aims between the two Houses. Secondly, it will examine the unique positions of Northern Ireland, Scotland and Wales. In doing so, it will show the extent to which the different devolutionary settlements have influenced both the reforms themselves and the nature of executive involvement. Finally, this article will examine the potential impact of the courts on abortion law following Re Northern Ireland Human Rights Commission's Application for Judicial Review [2018] UKSC 27. It will show that the Supreme Court’s reframing of the debate in human rights terms is likely to affect abortion law, not only in Northern Ireland, but in the whole of the UK.","PeriodicalId":218878,"journal":{"name":"Law & Society: International & Comparative Law eJournal","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131643978","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}
Jangho Choi, Yoojeong Choi, So Jeong Im, Hyo-young Lee
{"title":"북한의 무역제도 연구: 남북한 CEPA 체결에 대한 시사점 (Study on North Korea’s Trade System: Implications for the CEPA between South and North Koreas)","authors":"Jangho Choi, Yoojeong Choi, So Jeong Im, Hyo-young Lee","doi":"10.2139/ssrn.3422599","DOIUrl":"https://doi.org/10.2139/ssrn.3422599","url":null,"abstract":"<b>Korean Abstract:</b> 본 연구는 최근 북한의 무역제도와 거래관행 전반을 체계적으로 제시하고 이를 국제기준과 비교한 최초의 연구라는 점에서 차별성이 있다. 그동안 북한의 노력에도 불구하고 무역법제화가 무역확장을 견인하지는 못했던 것으로 분석된다. 외국인투자와 남북경협을 유치하기 위한 법제도 정비를 하였으나 실제 집행과정에서는 투자자를 보호할 만한 제도적 장치가 미흡한 것으로 나타났다. 북한이 다수의 아시아 국가들이 그러했던 것처럼 FDI와 수출주도형 경제성장정책을 택하는 것은 불가피할 것으로 보이며, 이는 남북한 CEPA 체결-동북아 RTA 체결-WTO 가입 등 3단계에 걸쳐 이루어질 것이다. 이 과정에서 북한은 관세·비관세장벽 개선, 부분적 법치주의 문제 해결, 국제사회로부터의 신뢰 회복과 분쟁 해결, 국제무역협정 체결 및 인력 양성 등의 노력이 필요하다.<br><br><b>English Abstract:</b> This study examines changes in trade-related laws and systems in North Korea and actual trade practices, and analyzes them in accordance with international standards (the WTO regulatory framework). Recently, as the situation on the Korean Peninsula changes rapidly, interest in economic cooperation has risen in hand with the improvements in inter-Korean relations. However, our understanding of the North Korean trade system remains low. In order to prepare for the reform and opening up of North Korea and the resumption of inter-Korean economic cooperation, it is necessary to consider the characteristics of the North Korean trade system and measures to support advancement.<br><br>The main contents of this study are as follows: an examination of changes in the North Korean foreign trade system from 1990 to 2010, a review of the North Korean trade system and actual trade practices by detailed sectors, and a proposal of improvement plans for the North Korean trade system in accordance with WTO standards.","PeriodicalId":218878,"journal":{"name":"Law & Society: International & Comparative Law eJournal","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116984980","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":"Tariffs and the Risk of Invasive Pest Introductions in Commodity Imports: Theory and Empirical Evidence","authors":"E. Lichtenberg, Lars J. Olson","doi":"10.2139/ssrn.3388705","DOIUrl":"https://doi.org/10.2139/ssrn.3388705","url":null,"abstract":"Abstract We investigate using tariffs as corrective taxes to reduce risks from biological invasions due to expanded world trade. A theoretical analysis indicates that higher tariffs have ambiguous effects on invasive pest introductions. An econometric analysis using data from US Department of Agriculture surveillance screening indicates that tariff rates exert a negligible influence on expected invasive pest introductions from commodities currently facing positive tariffs. Removal of duty free status would decrease expected pest intercepts but undermine other goals of US trade policy and lower consumer welfare. Consumer welfare loss is on the order of $38 million per expected intercept avoided.","PeriodicalId":218878,"journal":{"name":"Law & Society: International & Comparative Law eJournal","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132497733","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":"Regulatory Implications of Multilateral Trade Liberalisation for the Global Services Market: The Case of the Trade in Services Agreement (TiSA)","authors":"Giovanni Di Lieto, D. Treisman","doi":"10.2139/ssrn.3299415","DOIUrl":"https://doi.org/10.2139/ssrn.3299415","url":null,"abstract":"This study aims to investigate the normative and economic implications of multilateral market openings and regulatory harmonisation of the global services sectors beyond the bilateral and WTO/GATS frameworks. The mobile communications industry serves as the initial benchmark analysis in order to empirically assess whether the multilateral liberalisation of the global services market can potentially respond more effectively to the growing transnational competition in production inputs, consumption outputs, and capital attraction in a broader pool of service-oriented economies. Ultimately, this study argues that the multilateral opening of the global services market is on balance beneficial to the domestic services industries, and as such the WTO/GATS framework can be superseded by further economic integration and regulatory harmonisation in future multilateral trade agreements currently under negotiation, such as the Trade in Services Agreement (TiSA). <br>","PeriodicalId":218878,"journal":{"name":"Law & Society: International & Comparative Law eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129540039","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}