Journal of International Trade Law and Policy最新文献

筛选
英文 中文
Revisiting Indonesia halal tourism policy in light of GATS 根据《服务贸易总协定》重新审视印度尼西亚的清真旅游政策
IF 0.9
Journal of International Trade Law and Policy Pub Date : 2024-09-05 DOI: 10.1108/jitlp-12-2023-0064
Neni Ruhaeni, Efik Yusdiansyah, Eka An Aqimuddin
{"title":"Revisiting Indonesia halal tourism policy in light of GATS","authors":"Neni Ruhaeni, Efik Yusdiansyah, Eka An Aqimuddin","doi":"10.1108/jitlp-12-2023-0064","DOIUrl":"https://doi.org/10.1108/jitlp-12-2023-0064","url":null,"abstract":"<h3>Purpose</h3>\u0000<p>As a growth industry in the international tourism segment market, halal tourism domestic policy should align with General Agreement on Trade in Services (GATS) as an international trade in services regulation. This paper aims to examine Indonesia’s halal tourism policy and its intersection with obligations as a member state of the World Trade Organization (WTO). Particularly in balancing Indonesia’s international obligation and the right to regulate.</p><!--/ Abstract__block -->\u0000<h3>Design/methodology/approach</h3>\u0000<p>The present study uses normative legal research by analysing legal materials, primarily GATS and Indonesia’s halal tourism policy. By using this methodology, this paper seeks the normative ideal domestic approach that aligns with Indonesia’s international obligations within GATS.</p><!--/ Abstract__block -->\u0000<h3>Findings</h3>\u0000<p>Regional regulations primarily govern the halal tourism policy in Indonesia. The critical substance of the regulation is the mandatory halal certification for the implementation of halal tourism. This obligation may be incompatible with Indonesia’s commitment to liberalise the tourism sector under the GATS. The current legal framework gives rise to a lack of consistency in its application despite its adherence to the halal tourism standards established by the MUI. At the same time, the provincial and regent authorities lacked the authority to do so. The authors argue that halal tourism policy shall be promulgated in the national-level policy to settle this issue. This measure is necessary to mitigate conflicts between prevailing norms and Indonesia’s international commitments within GATS. Therefore, Indonesia can uphold both its international obligations and national interests.</p><!--/ Abstract__block -->\u0000<h3>Originality/value</h3>\u0000<p>This paper presents a novelty contribution by highlighting the absence of prior research examining Indonesia’s adherence to its international commitments under the GATS in formulating domestic legislation on halal tourism. To close this gap, this study suggests that national legislation governing halal tourism should consider international obligations in the tourism sector under the GATS.</p><!--/ Abstract__block -->","PeriodicalId":42719,"journal":{"name":"Journal of International Trade Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.9,"publicationDate":"2024-09-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142217581","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}
引用次数: 0
Bilateral investment treaties and investors’ social accountability: the law and praxis in South Asia 双边投资条约与投资者的社会责任:南亚的法律与实践
IF 0.9
Journal of International Trade Law and Policy Pub Date : 2024-08-28 DOI: 10.1108/jitlp-04-2024-0025
Sai Ramani Garimella, Soumya Rajsingh
{"title":"Bilateral investment treaties and investors’ social accountability: the law and praxis in South Asia","authors":"Sai Ramani Garimella, Soumya Rajsingh","doi":"10.1108/jitlp-04-2024-0025","DOIUrl":"https://doi.org/10.1108/jitlp-04-2024-0025","url":null,"abstract":"&lt;h3&gt;Purpose&lt;/h3&gt;\u0000&lt;p&gt;International investment law governs matters related to transnational investments. The extensive reach of transnational corporations (TNCs) has granted them substantial economic, political and social influence, often intertwining them with public interest issues and implications in human rights violations. This paper aims to explore the profound influence exerted by TNCs in today’s globalized world and its implications for human rights and social responsibility within the framework of international investment law. Particularly, it acknowledges the vulnerability of economically weak South Asian states and cites past instances such as the Bhopal gas tragedy in India and the Rana Plaza disaster in Bangladesh as egregious violations of human rights. Focusing on South Asian bilateral investment treaties (BITs), this paper aims to examine the scope of investors’ social accountability.&lt;/p&gt;&lt;!--/ Abstract__block --&gt;\u0000&lt;h3&gt;Design/methodology/approach&lt;/h3&gt;\u0000&lt;p&gt;This research engages with doctrinal and analytical methods in traversing through primary and secondary sources. It would parse the arbitral tribunals’ jurisprudence for their discussion on the inclusion of social accountability obligations within international investment agreements (IIAs). Further, it engages in a quantitative analysis related to the nature of the social accountability-related obligation of the corporation within South Asian BITs.&lt;/p&gt;&lt;!--/ Abstract__block --&gt;\u0000&lt;h3&gt;Findings&lt;/h3&gt;\u0000&lt;p&gt;The findings reveal a glaring absence of the law on investors’ social accountability and the need for enhanced regulatory mechanisms to address the escalating influence of TNCs on human and social rights. The absence of a robust legal framework, coupled with the asymmetric nature of international investment law, granting investors greater rights and leverage compared to states, exacerbates this challenge. The phenomenon of “regulatory chill” inhibits states from effectively enforcing regulatory measures aimed at protecting human rights and the environment. Furthermore, the broad interpretation of clauses such as “fair and equitable treatment” by investment tribunals often undermines states’ ability to implement measures in the public interest. While international organizations such as the UNCTAD and the UNCITRAL Working Group III are actively discussing reforms to IIAs, the existing guidelines addressing investors’ social accountability are woefully lacking in the content as well as the method of their integration with international human rights law. The findings underscore the imperative for South Asian nations, the subject of this research’s empirical analysis, to adopt a comprehensive approach involving both domestic law reforms to promote corporate social accountability and active pursuit of negotiations for the inclusion of binding social obligations for investors within IIAs.&lt;/p&gt;&lt;!--/ Abstract__block --&gt;\u0000&lt;h3&gt;Practical Implications&lt;/h3&gt;\u0000&lt;p&gt;This research, drawing upon international law d","PeriodicalId":42719,"journal":{"name":"Journal of International Trade Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.9,"publicationDate":"2024-08-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142217587","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}
引用次数: 0
A shadowy negotiation involving dams and its fiscal and legal implications: a Portuguese case study 涉及水坝的秘密谈判及其财政和法律影响:葡萄牙案例研究
IF 0.9
Journal of International Trade Law and Policy Pub Date : 2024-08-06 DOI: 10.1108/jitlp-02-2024-0013
Eva Costa Dias, Micaela Pinho, Diana Preto
{"title":"A shadowy negotiation involving dams and its fiscal and legal implications: a Portuguese case study","authors":"Eva Costa Dias, Micaela Pinho, Diana Preto","doi":"10.1108/jitlp-02-2024-0013","DOIUrl":"https://doi.org/10.1108/jitlp-02-2024-0013","url":null,"abstract":"<h3>Purpose</h3>\u0000<p>This paper aims to explore the intricate and controversial sale of six hydroelectric dams in the Douro hydrographic basin by Energias de Portugal (EDP), a prominent Portuguese energy company, to a French Consortium – ENGIE. The transaction, completed at the end of 2020, has sparked significant debate and scrutiny within the Portuguese legal and fiscal spheres due to its corporate and budgetary manoeuvres. The crux of the controversy lies in the complex corporate restructuring strategies used by EDP and the acquiring consortium to execute this transaction. These strategies, aimed at achieving tax neutrality, effectively circumvented the traditional tax liabilities typically associated with large-scale asset transfers. The paper delves into the legal intricacies of this operation, scrutinising the application of taxes such as stamp duty, corporate income tax, value added tax and property transfer tax, which were, in theory, applicable to the transaction. Furthermore, this study examines the broader implications of the deal, particularly concerning the principle of tax neutrality in corporate restructurings, the enforcement of anti-abuse clauses and the economic substance over legal form doctrine.</p><!--/ Abstract__block -->\u0000<h3>Design/methodology/approach</h3>\u0000<p>This study is based on secondary data supported by publicly reported evidence.</p><!--/ Abstract__block -->\u0000<h3>Findings</h3>\u0000<p>This case study highlights the challenges in taxing corporate transactions in the modern financial landscape and reflects these corporate manoeuvres' societal and ethical considerations.</p><!--/ Abstract__block -->\u0000<h3>Originality/value</h3>\u0000<p>Through an analysis of legal frameworks, corporate strategies and tax policies, this paper provides a comprehensive understanding of the transaction and its implications, offering insights valuable to legal professionals, policymakers and scholars in corporate law, taxation and business ethics.</p><!--/ Abstract__block -->","PeriodicalId":42719,"journal":{"name":"Journal of International Trade Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.9,"publicationDate":"2024-08-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141969485","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}
引用次数: 0
Negotiations on food security at the WTO: a never-ending story? 世贸组织粮食安全谈判:永无止境的故事?
IF 0.9
Journal of International Trade Law and Policy Pub Date : 2024-07-24 DOI: 10.1108/jitlp-03-2024-0018
Joseph A. McMahon
{"title":"Negotiations on food security at the WTO: a never-ending story?","authors":"Joseph A. McMahon","doi":"10.1108/jitlp-03-2024-0018","DOIUrl":"https://doi.org/10.1108/jitlp-03-2024-0018","url":null,"abstract":"<h3>Purpose</h3>\u0000<p>The purpose is to chart the negotiations on the issue of food security which was identified as a non-trade concern by the Agreement on Agriculture (AOA) and how developing Members of the World Trade Organisation (WTO) suggested that that concern should be addressed.</p><!--/ Abstract__block -->\u0000<h3>Design/methodology/approach</h3>\u0000<p>The history of negotiations at the WTO is examined through the lens of official documents submitted during various phases of negotiations since 1996 beginning with the Analysis and Information Exchange process to the Doha Round up to the latest Ministerial Conference in Abu Dhabi in February 2024.</p><!--/ Abstract__block -->\u0000<h3>Findings</h3>\u0000<p>The negotiations have yet to complete despite beginning over 20 years ago. The focus moved since 2008 to look at specific issues which were addressed at a number of Ministerial Conferences but the latest of these indicate that an answer can only be found in the re-negotiation of the AOA as a whole.</p><!--/ Abstract__block -->\u0000<h3>Research limitations/implications</h3>\u0000<p>By focusing on official documents, the rich literature on food security has not been addressed.</p><!--/ Abstract__block -->\u0000<h3>Practical implications</h3>\u0000<p>The piece concludes by looking at issues which need to be resolved ahead of agreement on overall reform and suggests solutions for example in the area of safeguards and public stockholding for food security purposes.</p><!--/ Abstract__block -->\u0000<h3>Originality/value</h3>\u0000<p>The focus almost exclusively on official (and public) documents during the discussion is noteworthy. It also confirms that the WTO is not really that different from its predecessor - the GATT - which took nearly 50 years to reach AOA.</p><!--/ Abstract__block -->","PeriodicalId":42719,"journal":{"name":"Journal of International Trade Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.9,"publicationDate":"2024-07-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141774982","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}
引用次数: 0
US technological statecraft towards China 美国对华技术国策
IF 0.9
Journal of International Trade Law and Policy Pub Date : 2024-04-19 DOI: 10.1108/jitlp-10-2023-0059
Halil Deligöz
{"title":"US technological statecraft towards China","authors":"Halil Deligöz","doi":"10.1108/jitlp-10-2023-0059","DOIUrl":"https://doi.org/10.1108/jitlp-10-2023-0059","url":null,"abstract":"Purpose\u0000This study aims to define a “technological statecraft” concept to distinguish tech-based measures/sanctions from an array of economic measures ranging from restrictions of rare earth elements and natural gas supplies to asset freezes under the wider portfolio of economic statecraft. This concept is practically intended to reveal the USA’s “logic of choice” in its employment of technology as an efficient instrument to deal with China in the context of the great power rivalry.\u0000\u0000Design/methodology/approach\u0000This study follows David A. Baldwin’s statecraft definition and conceptualization methodology, which relies on “means” rather than “ends.” In addition to Baldwin and as an incremental contribution to his economic statecraft analysis, this study also combines national political economy with statecraft analysis with a particular focus on the utilization of technological measures against China during the Trump administration.\u0000\u0000Findings\u0000The US rationale for choosing technology, namely, emerging and foundational technologies, in its rivalry against China is caused at least by two factors: the nature of the external challenge and the characteristics of the US innovation model based largely on radical innovations. To deal with China, the USA practically distinguished the role of advanced technology and followed a grammer of technological statecraft as depicted in the promulgated legal texts during the Trump administration.\u0000\u0000Originality/value\u0000Despite a growing volume of literature on economic statecraft and technological competition, studies focusing on countries’ “logic of choice” with regard to why and under what conditions they choose financial, technological or commodity-based sanctions/measures/controls are lacking. Inspired from Baldwin’s account on the “logic of choice” from among alternative statecrafts (i.e. diplomacy, military, economic statecraft, and propaganda). This study will contribute to the literature with a clear lens to demonstrate the “logic of choice” from among a variety of economic statecraft measures in the case of the US technological statecraft toward China.\u0000","PeriodicalId":42719,"journal":{"name":"Journal of International Trade Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.9,"publicationDate":"2024-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140683125","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}
引用次数: 0
Is South Asia the missing bloc in world trade? An analysis of South Asian FTAs’ compatibility with WTO rules 南亚是世界贸易中缺失的集团吗?分析南亚自由贸易协定与世贸组织规则的兼容性
IF 0.9
Journal of International Trade Law and Policy Pub Date : 2024-01-23 DOI: 10.1108/jitlp-08-2023-0047
Edirimuni Nadeesh Rangana de Silva
{"title":"Is South Asia the missing bloc in world trade? An analysis of South Asian FTAs’ compatibility with WTO rules","authors":"Edirimuni Nadeesh Rangana de Silva","doi":"10.1108/jitlp-08-2023-0047","DOIUrl":"https://doi.org/10.1108/jitlp-08-2023-0047","url":null,"abstract":"<h3>Purpose</h3>\u0000<p>South Asia is a region urgently seeking development, although it has failed in regional integration. It is the second least integrated region regarding the number of Free Trade Agreements (FTAs) and can thus be recognised as a missing bloc in the global multilateral system. This study aims to focus on South Asian FTAs and explores the problems of the inter-relations and compatibility between the systemic and regional trade systems.</p><!--/ Abstract__block -->\u0000<h3>Design/methodology/approach</h3>\u0000<p>The study proposes a framework to benchmark the compatibility of South Asian FTAs with WTO rules. Primary data from 2000 to 2020, including descriptive analyses of reports, legal text of the FTAs, official documents and factual presentations, have been collected and analysed through thematic analysis using the proposed framework.</p><!--/ Abstract__block -->\u0000<h3>Findings</h3>\u0000<p>The study finds that, although South Asian FTAs meet most of the WTO requirements, they are not progressing toward facilitating and promoting trade. Data from 2000 to 2020 show us that South Asian FTAs have not significantly impacted trade between themselves. The study argues that, although South Asian FTAs fulfil some benchmarks, they show only a lukewarm interest in contributing to the international trading system as building blocs. It is therefore recommended that the case of South Asian trade liberalisation must be understood contextually and be given careful and exclusive attention by the WTO.</p><!--/ Abstract__block -->\u0000<h3>Originality/value</h3>\u0000<p>As such, this study is the first to claim that South Asian FTAs are not fully compatible with the WTO rules. They remain a missing regional bloc in the multilateral system, rather than a building bloc or a stumbling bloc, delaying the region’s opportunity to develop as a region and within the larger system.</p><!--/ Abstract__block -->","PeriodicalId":42719,"journal":{"name":"Journal of International Trade Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.9,"publicationDate":"2024-01-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139517637","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}
引用次数: 0
The impact of climate change on the right to access to food within the East African Community 气候变化对东非共同体内获得食物权的影响
IF 0.9
Journal of International Trade Law and Policy Pub Date : 2023-11-30 DOI: 10.1108/jitlp-06-2023-0036
Violla Nabawanda
{"title":"The impact of climate change on the right to access to food within the East African Community","authors":"Violla Nabawanda","doi":"10.1108/jitlp-06-2023-0036","DOIUrl":"https://doi.org/10.1108/jitlp-06-2023-0036","url":null,"abstract":"<h3>Purpose</h3>\u0000<p>This study aims at navigating the effects of climate change on the right to access to food within the East African Community region, using the case study of Uganda.</p><!--/ Abstract__block -->\u0000<h3>Design/methodology/approach</h3>\u0000<p>The author used doctrinal review of different policies and strategies that have been developed and implemented by the EAC to address the growing patterns of food insecurity and climate change.</p><!--/ Abstract__block -->\u0000<h3>Findings</h3>\u0000<p>Findings show that besides climate change, there are other factors that have played a major role in contributing to food insecurity in the region such as the impact of the ongoing Russia–Ukraine war, absence of food storage reserves/banks, scarring effects of the COVID 19 pandemic, inadequate implementation of agricultural policies on climate change, high post-harvest losses and food waste amongst others.</p><!--/ Abstract__block -->\u0000<h3>Originality/value</h3>\u0000<p>This research paper is the author’s sole writing and has never been submitted for publication in any journal.</p><!--/ Abstract__block -->","PeriodicalId":42719,"journal":{"name":"Journal of International Trade Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.9,"publicationDate":"2023-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138513267","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}
引用次数: 0
Unilateral economic sanctions and food security 单边经济制裁和粮食安全
IF 0.9
Journal of International Trade Law and Policy Pub Date : 2023-11-28 DOI: 10.1108/jitlp-07-2023-0039
Ronjini Ray, Jamshed Ahmad Siddiqui
{"title":"Unilateral economic sanctions and food security","authors":"Ronjini Ray, Jamshed Ahmad Siddiqui","doi":"10.1108/jitlp-07-2023-0039","DOIUrl":"https://doi.org/10.1108/jitlp-07-2023-0039","url":null,"abstract":"<h3>Purpose</h3>\u0000<p>This paper aims to highlight the lacunae in international trade law concerning unilateral economic sanctions that impact food security.</p><!--/ Abstract__block -->\u0000<h3>Design/methodology/approach</h3>\u0000<p>This paper adopts a literature review to establish that unilateral economic sanctions impact food security and a descriptive assessment of a few such sanctions. Thereafter, it adopts doctrinal analysis of such sanctions under World Trade Organization law and identifies the gaps to address the specific situation of unilateral economic sanctions that impact food security.</p><!--/ Abstract__block -->\u0000<h3>Findings</h3>\u0000<p>Unilateral economic sanctions are not effectively regulated under international law. Unilateral economic sanctions are known to impact food security not just in the targeted country but also in third countries. Under international trade law, the security exception under Article XXI of the General Agreement on Tariffs and Trade (GATT) does not currently require an assessment of necessity and proportionality of measure. However, there is scope for such an assessment in the future depending on the circumstances, particularly if a measure impacts the rights and interests of third countries by impacting global food security.</p><!--/ Abstract__block -->\u0000<h3>Originality/value</h3>\u0000<p>The paper conducts a literature review of the impact of unilateral economic sanctions on food security. It highlights the gap in the interpretation of GATT Article XXI when assessing such sanctions that adversely impact the food security of third countries. The paper may be helpful for academics, policymakers, international organizations, non-governmental organisations, etc.</p><!--/ Abstract__block -->","PeriodicalId":42719,"journal":{"name":"Journal of International Trade Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.9,"publicationDate":"2023-11-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138513268","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}
引用次数: 0
Northern Ireland’s hybrid trade regime: an examination of the relationship between the Ireland-Northern Ireland Protocol and the UK’s post-Brexit trade agreements 北爱尔兰的混合贸易制度:考察《爱尔兰-北爱尔兰议定书》与英国脱欧后贸易协定之间的关系
Journal of International Trade Law and Policy Pub Date : 2023-11-10 DOI: 10.1108/jitlp-10-2022-0044
Billy Melo Araujo, Dylan Wilkinson
{"title":"Northern Ireland’s hybrid trade regime: an examination of the relationship between the Ireland-Northern Ireland Protocol and the UK’s post-Brexit trade agreements","authors":"Billy Melo Araujo, Dylan Wilkinson","doi":"10.1108/jitlp-10-2022-0044","DOIUrl":"https://doi.org/10.1108/jitlp-10-2022-0044","url":null,"abstract":"Purpose The Ireland-Northern Ireland Protocol has been one of the most contentious aspects of the EU-UK post-Brexit trade relationship. By requiring the UK to comply with EU customs and internal market rules in relation to Northern Ireland (NI), the Protocol has created a hybrid trade regime where NI is subject to multiple, overlapping and often conflicting rules. This paper aims to examine one area in which this hybridity manifests itself. It focusses on the interplay between the Protocol and post-Brexit UK trade agreements. It examines potential areas of conflict between Protocol obligations and obligations derived from UK trade agreements. In doing so, it sheds light on the extent to which compliance with the Protocol may undermine NI’s ability to export and import goods under the preferential terms negotiated under UK trade agreements. It further discusses the consequences of these incompatibilities between the Protocol and these agreements for NI and, more widely, the functioning of the UK internal market as whole. Design/methodology/approach Doctrinal legal research Findings The paper examines potential areas of conflict between Protocol obligations and obligations derived from UK trade agreements. In doing so, it sheds light on the extent to which compliance with the Protocol may undermine NI’s ability to export and import goods under the preferential terms negotiated under UK trade agreements. It further discusses the consequences of these incompatibilities between the Protocol and these agreements for NI and, more widely, the functioning of the UK internal market as whole. Originality/value To the best of the authors’ knowledge this is the first paper carrying out a comprehensive legal analysis of the interaction and potential conflicts between the Protocol on Ireland-Northern Ireland and the UK’s post Brexit trade agreements.","PeriodicalId":42719,"journal":{"name":"Journal of International Trade Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135091683","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}
引用次数: 0
Food security and trade: public stockholding through the lens of economies and law 粮食安全和贸易:从经济和法律的角度看公共储备
Journal of International Trade Law and Policy Pub Date : 2023-11-06 DOI: 10.1108/jitlp-06-2023-0038
Krishna Bhattacharya, Mahima Ahuja
{"title":"Food security and trade: public stockholding through the lens of economies and law","authors":"Krishna Bhattacharya, Mahima Ahuja","doi":"10.1108/jitlp-06-2023-0038","DOIUrl":"https://doi.org/10.1108/jitlp-06-2023-0038","url":null,"abstract":"Purpose The debate to find a solution for domestic price support under the WTO Agreement on Agriculture (AOA) has been a long one. The stance of India is critical to determine due to its large population. This paper aims to analyse the benefits or demerits of minimum price support and what approach could be adopted by India. Design/methodology/approach The paper is a mix of both analytical and theoretical research. The paper first provides a background on the issues related to public stockholding and further analyses some data at which India procures wheat and rice from the farmers and then compares it with retail market prices in India. Findings The paper finds that the difference in price between minimum price support and retail market prices in India for wheat and rice is minimal. Therefore, the concern that India might be taking advantage of the minimum price is uncalled for. India also needs to balance its own interests as well as abide by its WTO obligations. The paper finds that cooperation among countries or regional blocks might help to address the problem of food insecurity. Originality/value The paper portrays India’s stance with regard to WTO AOA as well as studies the Indian market for wheat and rice.","PeriodicalId":42719,"journal":{"name":"Journal of International Trade Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-11-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135585044","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}
引用次数: 0
0
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
确定
请完成安全验证×
相关产品
×
本文献相关产品
联系我们:info@booksci.cn Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术官方微信