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'New Consumer Product Safety Laws in Canada and the United States: Business on the Border', Daniel L. Kiselbach, Charles E. Joern, Issue 1, pp. 1–6 |
infoDaniel L. Kiselbach, Charles E. Joern, 'New Consumer Product Safety Laws in Canada and the United States: Business on the Border' (2012) 7 Global Trade and Customs Journal, Issue 1, pp. 1–6 | | Copyright © 2012 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2012001 | 
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'Related Parties and Customs Valuation: Guidance Derived from the Panel Report Thailand-Cigarettes', Patricio Diaz Gavier, Fernando Pierola, Issue 1, pp. 7–13 |
infoPatricio Diaz Gavier, Fernando Pierola, 'Related Parties and Customs Valuation: Guidance Derived from the Panel Report Thailand-Cigarettes' (2012) 7 Global Trade and Customs Journal, Issue 1, pp. 7–13 | | This article examines the customs valuation control process in the light of recent developments in WTO case law. It focuses on a situation where Customs doubts the validity of a declared transaction value between related parties. Copyright © 2012 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2012002 |
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'Antidumping Proceedings and ‘Zeroing’ Practices: Have We Entered the Endgame?', James J. Nedumpara, Issue 1, pp. 15–26 |
infoJames J. Nedumpara, 'Antidumping Proceedings and ‘Zeroing’ Practices: Have We Entered the Endgame?' (2012) 7 Global Trade and Customs Journal, Issue 1, pp. 15–26 | | 'Zeroing', the practice of setting to zero negative dumping margins in antidumping investigations, has been a contentious issue in the WTO for well over a decade. Members including the United States argued that GATT 1994 and the WTO Agreement on Antidumping did not outlaw such a practice. The WTO panels in certain cases have accepted this point of view, but the WTO Appellate Body was unambiguous in holding that the zeroing practice was untenable in most of its current manifestations. The differences of opinion of the panels and Appellate Body on zeroing have tempted many to believe that this issue could potentially escalate to affect the WTO system. That zeroing has moved beyond the realm of a complicated mathematical calculation or interpretation of a few provisions of the GATT and the WTO Antidumping Agreement has been accepted by many. However, will it snowball into a major crisis? It seems unlikely, argues this article, as the principal user of 'zeroing', that is, the United States has almost exhausted its defence in support of continuing with this practice and the Appellate Body has clearly indicated that there is no real gain in rehearsing the fine points of treaty provisions. This article argues that it will be virtually impossible for members such as the United States to re-agitate the issues in future disputes although they can argue that it strikes at the root of the retrospective system of duty collection in the way in which such countries administer such systems. The United States can, at best, use the panel and the Appellate Body process to buy some more time to make necessary reforms in their domestic law to conform to the zeroing prohibition. However, the future zeroing disputes will be 'lame duck' disputes and are unlikely to involve much discussion of any substantive arguments. It seems that the long drawn out controversy on zeroing is coming to a close. Copyright © 2012 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2012003 |
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'WTO Case Analysis, Suggestions and Impacts: China – Measures Related to the Exportation of Various Raw Materials', Junlei Peng, Nathan Cunningham, Issue 1, pp. 27–40 |
infoJunlei Peng, Nathan Cunningham, 'WTO Case Analysis, Suggestions and Impacts: China – Measures Related to the Exportation of Various Raw Materials' (2012) 7 Global Trade and Customs Journal, Issue 1, pp. 27–40 | | Current WTO dispute, China - Measures Related to the Exportation of Various Raw Materials, brings about a series of queries on the consistencies of China's export restrictions on minerals with WTO rules. This dispute may trigger much more similar trade frictions such as China's restrictions on rare earth exports and increase instability of the world trading system. This article provides a detailed and deep study on the compatibility of China's measures at issue with Articles VIII, X and XI of GATT 1994 and relevant provisions in WTO accession documents in complainants' arguments and GATT 1994 Article XX (b), (g) and the chapeau in China's counterarguments. As solutions to this dispute and reference to resolve similar frictions, this article suggests China to increase the transparency and uniform administration of trade regulations, administer the fees and formalities regarding export restrictions in a more neutral and rational way and enhance domestic mining regulations. Copyright © 2012 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2012004 |
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'The Domestic Industry Requirement of Section 337 at the US International Trade Commission', Michael G. McManus, Issue 1, pp. 41–43 |
infoMichael G. McManus, 'The Domestic Industry Requirement of Section 337 at the US International Trade Commission' (2012) 7 Global Trade and Customs Journal, Issue 1, pp. 41–43 | | In order to prevail in a section 337 action before the International Trade Commission (ITC), a complainant must first show the existence of a domestic industry relating to the protected intellectual property (IP) right. There have been a number of recent developments concerning the law of domestic industry. These concern the context of the domestic industry activities, the allocation of litigation expenses to the domestic industry, and the timing of investments that may be considered part of the domestic industry. Despite these changes, the Commission continues its practice of construing the domestic industry requirement flexibly and liberally in order to accommodate smaller complainants. Copyright © 2012 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2012005 |
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'Kluwer’s Interview', Myles S. Getlan, Issue 1, pp. 45–47 |
infoMyles S. Getlan, 'Kluwer’s Interview' (2012) 7 Global Trade and Customs Journal, Issue 1, pp. 45–47 | | Copyright © 2012 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2012006 |
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ISSUE 2 | |
'From Political Pre-occupation to Legitimate Rule against Market Partitioning: Export Subsidies in WTO Law after the Appellate Body Ruling in the Airbus Case', James Flett, Issue 2, pp. 50–58 |
infoJames Flett, 'From Political Pre-occupation to Legitimate Rule against Market Partitioning: Export Subsidies in WTO Law after the Appellate Body Ruling in the Airbus Case' (2012) 7 Global Trade and Customs Journal, Issue 2, pp. 50–58 | | Since its inception, GATT/WTO subsidies law has been troubled by two distinct but related questions: what are export subsidies and why should they be specifically regulated? The parameters of the first question have been blurred, inter alia, by ambiguous references to de facto export subsidies. And perplexity about the second question has been driven by the observation that export subsidies tend to be either ineffective or to enhance welfare in the importing country. In the Airbus case, the Appellate Body confirmed that an export subsidy is a subsidy contingent upon export. The Appellate Body further confirmed that assessing whether or not there is a subsidy contingent in fact upon export does not involve changing the legal standard but merely the consideration of different evidence. In particular, the Appellate Body faulted the panel for equating the legal standard of contingency with an enquiry into the reasons for which a subsidy is granted. Rather, the adjudicator must explain how the evidenced facts, working together in specifically explained ways, permit the existence of a contingency to be inferred. The concept of an export subsidy in WTO law has thus evolved from an intuitive if imprecise and irrational pre-occupation with exports, into a contemporary and legitimate concern with market partitioning, as in EU State aid law. From that perspective, it is logical to conclude that certain other market partitioning contingent subsidies are also inconsistent with various provisions of the WTO Agreement. Copyright © 2012 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2012007 |
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'Navigating Uncharted Waters: A Review of US-Tuna II', Hunter Nottage, Alejandro Sánchez, Issue 2, pp. 59–65 |
infoHunter Nottage, Alejandro Sánchez, 'Navigating Uncharted Waters: A Review of US-Tuna II' (2012) 7 Global Trade and Customs Journal, Issue 2, pp. 59–65 | | The WTO panel report in US-Tuna II, issued on 15 September 2011, represents a milestone in WTO jurisprudence as it addresses novel interpretative questions under the Agreement on Technical Barriers to Trade (TBT Agreement). The panel's finding that the US 'dolphin-safe' labelling requirements for tuna products constitute 'technical regulations' tackled a fundamental threshold issue under the TBT Agreement and was the subject of a dissenting opinion by one panellist. Furthermore, the panel's finding that the US measures contravene Article 2.2 of the TBT Agreement since they are more trade-restrictive than necessary is also significant as it provides one of the first interpretations of this core obligation. This article discusses the issues faced by the panel and evaluates the implications of the panel's findings for future cases and possible appeals. Copyright © 2012 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2012008 |
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'Potential Impact under US Customs Laws of the World Customs Organization Recent Publication of Commentary 25.1 to the WTO Valuation Agreement Relating to the Dutiable Status of Third-Party Royalties and License Fees', Brian Goldstein, Issue 2, pp. 66–69 |
infoBrian Goldstein, 'Potential Impact under US Customs Laws of the World Customs Organization Recent Publication of Commentary 25.1 to the WTO Valuation Agreement Relating to the Dutiable Status of Third-Party Royalties and License Fees' (2012) 7 Global Trade and Customs Journal, Issue 2, pp. 66–69 | | The World Customs Organization Technical Committee has published Commentary 25.1 to Article 8, paragraph l(c) of the WTO Valuation Agreement. The Commentary offers significant insight into the analysis that is necessary in the determination of whether so-called third party royalty license payments are 'related' to the sale of the imported merchandise and whether the payment is a 'condition' of the sale under consideration. If both elements are satisfied, the result will generally lead to the conclusion that the payment under consideration is to be included in the dutiable value of merchandise imported into the particular territory. Although Commentary 25.1 is not controlling upon US Customs and Border Protection (CBP), the Commentary does serve as an additional tool in evaluating the status of such royalty license fee payments under US Customs laws. The Commentary also represents an important backdrop to the criteria employed by CBP in its evaluation of the status of third party royalty license fee payments. Copyright © 2012 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2012009 |
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'A Modernization of the Incoterms', Paul Casuccio, Issue 2, pp. 70–73 |
infoPaul Casuccio, 'A Modernization of the Incoterms' (2012) 7 Global Trade and Customs Journal, Issue 2, pp. 70–73 | | The International Chamber of Commerce has published the first revision in over a decade to its rules for the use of domestic and international trade terms. These rules reduce the risk associated with the sale of goods by creating a mechanism that buyers and sellers can use to clearly communicate their respective obligations. The new rules, published as Incoterms 2010, include several noteworthy changes. This article identifies and discusses these changes. One of the most significant changes in Incoterms 2010 is its expanded application to domestic sales contracts. This expansion has encouraged the replacement of Uniform Commercial Code terms with Incoterms in sales contracts where one party is located in the US. In order to simplify the use of Incoterms and make Incoterms more accessible to new users, significant changes have also been made to terms themselves. These changes include the introduction of new terms and the reclassification of existing terms. More subtle changes, including the treatment of terminal handling charges, the clarification of insurance obligations and the timing of risk transfer from the seller to the buyer, are also included. In addition, Incoterms 2010 has introduced new rules that allocate security-related obligations, address the expanded use of electronic documents and recognize the use of string sales. Overall, the changes to Incoterms 2010 appear to have succinctly addressed the evolution of trade practices over the past decade while providing continued clarity in the increasingly complex world of international trade. Copyright © 2012 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2012010 |
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'No longer Up in the Air: US Court of International Trade Decides Air Filter Media Is Classifiable as Nonwoven, Duty-Free', Jessica R. Rifkin, Issue 2, pp. 74–77 |
infoJessica R. Rifkin, 'No longer Up in the Air: US Court of International Trade Decides Air Filter Media Is Classifiable as Nonwoven, Duty-Free' (2012) 7 Global Trade and Customs Journal, Issue 2, pp. 74–77 | | On 31 October 2011, the US Court of International Trade ruled that Sperifilt nonwoven air filter media is classifiable in Chapter 56 as a 'nonwoven', duty-free rather than in Chapter 59 as a textile fabric for technical use. The Government has not appealed this ruling, which has now become final. The ruling brings to a close a nine-year court dispute as to the proper classification of a textile filter medium that might be used for a technical purpose but that did not meet the requirements for classification as a fabric for technical use specified in the Harmonized Tariff Schedule of the United States. This decision may provide significant duty savings not only to importers of nonwoven air filter media but also to importers of other textile fabrics that may be used for technical purposes. Moreover, in some instances, importers may be able to recover excess duties deposited with Customs as long as seventeen months ago. Copyright © 2012 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2012011 |
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'Humberto Zúñiga Schroder, Harmonization, Equivalence and Mutual Recognition of Standards in WTO Law, Kluwer Law International, 2011', Fernando Pierola, Issue 2, pp. 78–79 |
infoFernando Pierola, 'Humberto Zúñiga Schroder, Harmonization, Equivalence and Mutual Recognition of Standards in WTO Law, Kluwer Law International, 2011' (2012) 7 Global Trade and Customs Journal, Issue 2, pp. 78–79 | | Copyright © 2012 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2012012 |
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ISSUE 3 | |
'EU Customs Valuation: Wake-Up Call for MNE', Tim Hesselink, Issue 3, pp. 80–91 |
infoTim Hesselink, 'EU Customs Valuation: Wake-Up Call for MNE' (2012) 7 Global Trade and Customs Journal, Issue 3, pp. 80–91 | | Worldwide customs valuation rules have developed from a concept of objective market value to the current concept of transaction value. Whereas a focus on the price actually paid or payable for the goods has become the norm in a corporate in-house customs setting, at the same time financial, commercial, and operational considerations at multinational enterprises (MNE) have become a normal part of EU customs valuation and vice versa. MNE should, therefore, pay close attention to whether their customs valuation processes with respect to (non)related party transactions that cross the outer EU borders are compliant. In this regard, the treatment of royalties and assists is probably the most complex area of customs valuation law, resulting in underpayments or overpayments of customs duties by MNE. This article provides guidance on EU customs valuation, with a particular focus on royalties and assists. Copyright © 2012 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2012013 |
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'Fossil Fuel ‘Grading’ and Sustainability Criteria for Biofuels and Bioliquids under the EU Fuel Quality and Renewable Energy Directives: Implications for International Trade', Paolo R.Vergano, Eugenia Laurenza, Issue 3, pp. 92–103 |
infoPaolo R.Vergano, Eugenia Laurenza, 'Fossil Fuel ‘Grading’ and Sustainability Criteria for Biofuels and Bioliquids under the EU Fuel Quality and Renewable Energy Directives: Implications for International Trade' (2012) 7 Global Trade and Customs Journal, Issue 3, pp. 92–103 | | The legislative measures adopted by the European Union (EU) under the 'Climate Action and Renewable Energy' package have required, or are leading to, the adoption of grading systems or classification of fuels, biofuels, and bioliquids based on their carbon footprints or production methods, which are not without consequences for international trade. This article focuses on two legislative initiatives: the possible impacts of EU measures aimed at 'grading' fuels used in transportation according to their carbon footprint, required under the Fuel Quality Directive, and the sustainability criteria for biofuels and bioliquids established by the Renewable Energy Directive and the Fuel Quality Directive. Both instruments may result in the placing of trade restrictions on fuels, biofuels, and bioliquids into the EU and in trade discrimination, in possible contrast with the rules of the World Trade Organization (WTO). The article argues that these measures should not neglect the commercial implications that they have on third countries' (and traders') interests and be consistent with the rules of the WTO in order to avoid that environmental policies result in instances of 'green protectionism'. Multilateral solutions to address global problems having an impact on trade are clearly to be preferred. Traders should be heard in this debate, remain vigilant, and work with their governments and trade associations to ensure that no discrimination is 'camouflaged' under green policies. Copyright © 2012 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2012014 |
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'Free Trade and Empty Coffers: The Fiscal Impact of Trade Liberalization for Developing Countries', Enrique Valerdi Rodríguez, Issue 3, pp. 103–110 |
infoEnrique Valerdi Rodríguez, 'Free Trade and Empty Coffers: The Fiscal Impact of Trade Liberalization for Developing Countries' (2012) 7 Global Trade and Customs Journal, Issue 3, pp. 103–110 | | Trade liberalization can be an effective way to promote growth in developing countries and is part of the development strategies of many of them. However, the dismantlement of tariffs can reduce the revenues of countries that rely heavily on taxes on international trade, thus having adverse consequences for development. The matter is important for developed and developing countries alike and has been receiving growing attention in recent years, as it has an impact on trade negotiations and the development policies of many countries. This article analyses the importance of tariffs for government revenue purposes and the reasons some countries use them instead of other taxes. It shows that while trade taxes are almost irrelevant for revenue purposes in developed countries, some developing countries, especially the poorest of them, still need them to raise revenue, as from a taxation point of view, they are particularly well suited to their specific characteristics. It concludes that, although there are no magic solutions, the best way to deal with fiscal losses is for developing countries to reform their tax systems, but careful and gradual liberalization of trade and support from developed countries are also important. Developing countries cannot reform their tax systems overnight, and the recipe of the Bretton Woods Institutions has produced mixed results. While tax reform is the responsibility of developing countries, developed countries also have a role to play by supporting these reforms and allowing developing countries to liberalize trade on their own terms and according to their development strategies. Copyright © 2012 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2012015 |
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'Van Bael & Bellis, EU Anti-Dumping and Other Trade Defence Instruments, 5th edn (Wolters Kluwer Law and Business, May 2011)', Yves Melin, Issue 3, pp. 111–112 |
infoYves Melin, 'Van Bael & Bellis, EU Anti-Dumping and Other Trade Defence Instruments, 5th edn (Wolters Kluwer Law and Business, May 2011)' (2012) 7 Global Trade and Customs Journal, Issue 3, pp. 111–112 | | Copyright © 2012 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2012016 |
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ISSUE 4 | |
'Russia’s WTO Accession and the United States’ Jackson-Vanik Conundrum', John R. Magnus, Issue 4, pp. 114–116 |
infoJohn R. Magnus, 'Russia’s WTO Accession and the United States’ Jackson-Vanik Conundrum' (2012) 7 Global Trade and Customs Journal, Issue 4, pp. 114–116 | | Copyright © 2012 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2012017 |
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'Russia PNTR: Who Is Going to Lead the Charge?', Warren H. Maruyama, Issue 4, pp. 117–119 |
infoWarren H. Maruyama, 'Russia PNTR: Who Is Going to Lead the Charge?' (2012) 7 Global Trade and Customs Journal, Issue 4, pp. 117–119 | | Copyright © 2012 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2012018 |
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'The Customs Treatment of Royalties and License Fees with Regard to Imported Goods', Michael Lux, Dan Cannistra, Miguel A. Rodriguez Cuadros, Issue 4, pp. 120–142 |
infoMichael Lux, Dan Cannistra, Miguel A. Rodriguez Cuadros, 'The Customs Treatment of Royalties and License Fees with Regard to Imported Goods' (2012) 7 Global Trade and Customs Journal, Issue 4, pp. 120–142 | | A commentary issued by the International Chamber of GATT Customs Valuation Code states with regard to royalties and license fees: 'there is no part of the Code where so much is left to interpretation and implementation, and so little can be derived from a literal reading of the words used. Some critics have thought the authors of the Code did not explore the subject sufficiently, and it is true that the subject was only reached rather late in the Geneva negotiations and revealed considerable differences between governments (often as to what problems required attention, rather how they should be resolved)'. This article serves as a legal analysis of a variety of royalty payment scenarios and the resulting impact on final duty payments taking into account the legislation and practices in the Andean Community and Peru, the European Union (EU), and the United States. As a general matter, the term 'royalties' simply refers to a means by which consideration is paid for the right to use an intangible property. As such, royalty payments themselves are not inherently dutiable or not dutiable. Instead, one must look in particular to the nature of the intangible property that is being conveyed and the issue of whether it relates to the goods being valued and whether it must be paid, either directly or indirectly, as a condition of the sale. Copyright © 2012 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2012019 |
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'Disciplining the Use of TDI against China through WTO Dispute Settlement', Edwin Vermulst, Brian Gatta, Issue 4, pp. 143–157 |
infoEdwin Vermulst, Brian Gatta, 'Disciplining the Use of TDI against China through WTO Dispute Settlement' (2012) 7 Global Trade and Customs Journal, Issue 4, pp. 143–157 | | After having spent the better part of its first ten years as a WTO member either answering cases as a respondent or registered as a third party, China has recently begun to assert itself as a complainant, particularly with regard to the various trade defence instruments (TDIs) used against it. The year 2011 alone saw the circulation by the Appellate Body (AB) of three such reports - one pertaining to anti-dumping duties (ADDs), another safeguards, and another both concurrently imposed ADDs and countervailing duties (CVDs) - which all dealt at least in part with issues germane to TDI practice against China specifically or non-market economies (NMEs) generally. The article reviews some of the more pertinent issues of first impression ruled upon by the AB in those cases, concluding that China has registered some substantial victories that should be expected to limit the use of TDI against it but also that the AB has, in some respects, allowed for substantial leeway for investigating authorities to modify their current practices in such a way that, without further litigation, the impact of those victories could be reduced. Copyright © 2012 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2012020 |
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'The EU’s Anti-Dumping Refund System: Too Many Hurdles to Jump for Effective Relief?', Robert M. MacLean, Issue 4, pp. 158–173 |
infoRobert M. MacLean, 'The EU’s Anti-Dumping Refund System: Too Many Hurdles to Jump for Effective Relief?' (2012) 7 Global Trade and Customs Journal, Issue 4, pp. 158–173 | | In contrast to many of its trading partners, and notably the United States, the European Union applies a prospective refund approach, not a retroactive one, to the adjustment of anti-dumping duty margins after such measures have been definitively imposed. Practically and empirically, this approach is fraught with difficulties. The result is that an abnormally low volume of refund requests is successfully pursued and that EU importers pay anti-dumping duties that do not accurately reflect the underlying commercial trading activities. Certain interpretative approaches taken by the European Commission to adapt to the prospective character of the processes are also open to question. This is especially so in the case of the so-called duty as a cost question, which invariably arises in the course of a refund claimed by related importers and their non-EU exporting manufacturers. The purpose of this article is to examine the many causes of the obstacles to the successful pursuit of refunds by EU importers and to flag up these difficulties for importers proposing to embark on this kind of exercise. Copyright © 2012 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2012021 |
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'Are You There, America? It’s Me, Section 421', Patrick J. Togni, Issue 4, pp. 174–182 |
infoPatrick J. Togni, 'Are You There, America? It’s Me, Section 421' (2012) 7 Global Trade and Customs Journal, Issue 4, pp. 174–182 | | When China joined the World Trade Organization (WTO), the associated agreements included a transitional product-specific safeguard mechanism to address market disruption caused or threatened by surging Chinese imports. This mechanism is only available until 11 December 2013 or twelve years from when China joined the WTO. The relevant US statute that adopted the safeguard mechanism is commonly referred to as 'section 421'. Under section 421, the US International Trade Commission conducts a market disruption investigation and, if it reaches an affirmative determination, the President decides whether to proclaim a remedy with assistance from the US Trade Representative. Section 421 investigations proceed quickly, and import remedies such as increased duties or quotas may be imposed in a matter of months. President Obama proclaimed import relief for the first time under section 421 in a case involving certain Chinese tires in 2009. With less than two years remaining in the lifespan of this transitional product-specific safeguard mechanism, this article concludes that section 421 remains a useful method for US industries facing injurious Chinese imports to obtain meaningful relief. Copyright © 2012 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2012022 |
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'The CJEU Judgment in Nokia and Philips Clarifies the Customs Detention of Goods Suspected of Infringing Intellectual Property Rights', Laurent Ruessmann, Francesca Stefania Condello, Issue 4, pp. 183–190 |
infoLaurent Ruessmann, Francesca Stefania Condello, 'The CJEU Judgment in Nokia and Philips Clarifies the Customs Detention of Goods Suspected of Infringing Intellectual Property Rights' (2012) 7 Global Trade and Customs Journal, Issue 4, pp. 183–190 | | On 1 December 2011, the Court of Justice of the European Union (CJEU) issued its judgment in two joined cases involving Koninklijke Philips Electronics NV (C-446/09) and Nokia Corporation (C-495/09). This judgment clarifies the conditions for the customs authorities to detain or suspend the release of goods placed under suspensive procedures in order to enforce intellectual property rights (IPR). It also addresses the requirements for the authorities competent to decide, after the temporary detention or suspension of release, whether there is an actual infringement of IPR. Copyright © 2012 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2012023 |
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'Promises Are Meant to Be Kept: A Case Comment on Attorney General of Canada v. United States Steel Corporation', Brian Facey, Cliff Sosnow, Prakash Narayanan, Issue 4, pp. 191–192 |
infoBrian Facey, Cliff Sosnow, Prakash Narayanan, 'Promises Are Meant to Be Kept: A Case Comment on Attorney General of Canada v. United States Steel Corporation' (2012) 7 Global Trade and Customs Journal, Issue 4, pp. 191–192 | | On 12 December 2011, the Canadian Minister of Industry announced that an out-of-court settlement had been reached with United States Steel Corporation (hereinafter 'US Steel') in relation to a dispute that arose from alleged non-compliance of undertakings that US Steel had given the Minister in the context of receiving regulatory approval for its acquisition of the Canadian steel manufacturer Stelco Inc. in 2007. This case note briefly discusses the background to this first-of-its kind dispute in Canada, the settlement and the implications thereof that non-Canadian investors should be aware of when considering an investment in Canada. Copyright © 2012 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2012024 |
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ISSUE 5 | |
'Judicial Review of Trade Remedy Determinations in Ten User Countries', Edwin Vermulst, Gary N. Horlick, Issue 5, pp. 195–199 |
infoEdwin Vermulst, Gary N. Horlick, 'Judicial Review of Trade Remedy Determinations in Ten User Countries' (2012) 7 Global Trade and Customs Journal, Issue 5, pp. 195–199 | | This collection of articles analyses the problems with judicial review of trade remedy determinations in ten user countries - Australia, Brazil, Canada, China, the European Union, India, Indonesia, Mexico, South Africa, and the United States - and is a follow-up to similar studies in 2004 and 2007 respectively. Each article succinctly describes the major problems with judicial review in their jurisdictions covering the period from 2001 to 2010 with an aim to examine the effectiveness of judicial review (and/or, where applicable, review by an administrative tribunal) of trade remedy determinations in the light of Article 13 of the WTO Anti-Dumping Agreement. Two problems have been underlined: (1) the excessively long duration of the judicial review procedures; and (2) the considerable deference given to the administrative authorities on substantive issues by the courts typically on account of the technicality of the anti-dumping determinations and the absence of expert judges versed with trade remedy laws. These two problems have deeply impacted the effectiveness of the judicial review systems in most jurisdictions investigated and the situation is far from what is envisaged in Article 13 of the ADA. Both problems are related to the absence of specialized courts and chambers with judges trained in trade remedy laws. In contrast, the United States and India - the only two countries that have specialized courts - have effective judicial review systems. For the ten year period covered by this study, the ten countries investigated can be divided into two groups as regards the recourse to judicial review of anti-dumping determinations. One group comprises the European Union, India, Mexico and the United States where judicial review of anti-dumping determinations has been frequent. The second group comprises the remaining countries namely Australia, Brazil, Canada, China, Indonesia and South Africa where judicial reviews have been more limited. In fact the judicial review systems for trade remedy determinations in countries such as China and Indonesia are in the early stages of development. Copyright © 2012 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2012025 |
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'Administrative and Judicial Review of Anti-dumping Measures in Australia', Daniel Moulis, Alistair Bridges, Issue 5, pp. 200–210 |
infoDaniel Moulis, Alistair Bridges, 'Administrative and Judicial Review of Anti-dumping Measures in Australia' (2012) 7 Global Trade and Customs Journal, Issue 5, pp. 200–210 | | This collection of articles analyses the problems with judicial review of trade remedy determinations in ten user countries - Australia, Brazil, Canada, China, the European Union, India, Indonesia, Mexico, South Africa, and the United States - and is a follow-up to similar studies in 2004 and 2007 respectively. Each article succinctly describes the major problems with judicial review in their jurisdictions covering the period from 2001 to 2010 with an aim to examine the effectiveness of judicial review (and/or, where applicable, review by an administrative tribunal) of trade remedy determinations in the light of Article 13 of the WTO Anti-Dumping Agreement. Two problems have been underlined: (1) the excessively long duration of the judicial review procedures; and (2) the considerable deference given to the administrative authorities on substantive issues by the courts typically on account of the technicality of the anti-dumping determinations and the absence of expert judges versed with trade remedy laws. These two problems have deeply impacted the effectiveness of the judicial review systems in most jurisdictions investigated and the situation is far from what is envisaged in Article 13 of the ADA. Both problems are related to the absence of specialized courts and chambers with judges trained in trade remedy laws. In contrast, the United States and India - the only two countries that have specialized courts - have effective judicial review systems. For the ten year period covered by this study, the ten countries investigated can be divided into two groups as regards the recourse to judicial review of anti-dumping determinations. One group comprises the European Union, India, Mexico and the United States where judicial review of anti-dumping determinations has been frequent. The second group comprises the remaining countries namely Australia, Brazil, Canada, China, Indonesia and South Africa where judicial reviews have been more limited. In fact the judicial review systems for trade remedy determinations in countries such as China and Indonesia are in the early stages of development. Copyright © 2012 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2012026 |
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'Administrative and Judicial Review of Anti-dumping Determinations in Brazil', Carol Monteiro de Carvalho, Andréa Weiss Balassiano, Issue 5, pp. 211–230 |
infoCarol Monteiro de Carvalho, Andréa Weiss Balassiano, 'Administrative and Judicial Review of Anti-dumping Determinations in Brazil' (2012) 7 Global Trade and Customs Journal, Issue 5, pp. 211–230 | | This collection of articles analyses the problems with judicial review of trade remedy determinations in ten user countries - Australia, Brazil, Canada, China, the European Union, India, Indonesia, Mexico, South Africa, and the United States - and is a follow-up to similar studies in 2004 and 2007 respectively. Each article succinctly describes the major problems with judicial review in their jurisdictions covering the period from 2001 to 2010 with an aim to examine the effectiveness of judicial review (and/or, where applicable, review by an administrative tribunal) of trade remedy determinations in the light of Article 13 of the WTO Anti-Dumping Agreement. Two problems have been underlined: (1) the excessively long duration of the judicial review procedures; and (2) the considerable deference given to the administrative authorities on substantive issues by the courts typically on account of the technicality of the anti-dumping determinations and the absence of expert judges versed with trade remedy laws. These two problems have deeply impacted the effectiveness of the judicial review systems in most jurisdictions investigated and the situation is far from what is envisaged in Article 13 of the ADA. Both problems are related to the absence of specialized courts and chambers with judges trained in trade remedy laws. In contrast, the United States and India - the only two countries that have specialized courts - have effective judicial review systems. For the ten year period covered by this study, the ten countries investigated can be divided into two groups as regards the recourse to judicial review of anti-dumping determinations. One group comprises the European Union, India, Mexico and the United States where judicial review of anti-dumping determinations has been frequent. The second group comprises the remaining countries namely Australia, Brazil, Canada, China, Indonesia and South Africa where judicial reviews have been more limited. In fact the judicial review systems for trade remedy determinations in countries such as China and Indonesia are in the early stages of development. Copyright © 2012 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2012027 |
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'Judicial Review of Anti-dumping Determinations in Canada', James McIlroy, Issue 5, pp. 231–236 |
infoJames McIlroy, 'Judicial Review of Anti-dumping Determinations in Canada' (2012) 7 Global Trade and Customs Journal, Issue 5, pp. 231–236 | | This collection of articles analyses the problems with judicial review of trade remedy determinations in ten user countries - Australia, Brazil, Canada, China, the European Union, India, Indonesia, Mexico, South Africa, and the United States - and is a follow-up to similar studies in 2004 and 2007 respectively. Each article succinctly describes the major problems with judicial review in their jurisdictions covering the period from 2001 to 2010 with an aim to examine the effectiveness of judicial review (and/or, where applicable, review by an administrative tribunal) of trade remedy determinations in the light of Article 13 of the WTO Anti-Dumping Agreement. Two problems have been underlined: (1) the excessively long duration of the judicial review procedures; and (2) the considerable deference given to the administrative authorities on substantive issues by the courts typically on account of the technicality of the anti-dumping determinations and the absence of expert judges versed with trade remedy laws. These two problems have deeply impacted the effectiveness of the judicial review systems in most jurisdictions investigated and the situation is far from what is envisaged in Article 13 of the ADA. Both problems are related to the absence of specialized courts and chambers with judges trained in trade remedy laws. In contrast, the United States and India - the only two countries that have specialized courts - have effective judicial review systems. For the ten year period covered by this study, the ten countries investigated can be divided into two groups as regards the recourse to judicial review of anti-dumping determinations. One group comprises the European Union, India, Mexico and the United States where judicial review of anti-dumping determinations has been frequent. The second group comprises the remaining countries namely Australia, Brazil, Canada, China, Indonesia and South Africa where judicial reviews have been more limited. In fact the judicial review systems for trade remedy determinations in countries such as China and Indonesia are in the early stages of development. Copyright © 2012 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2012028 |
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'Judicial Review of Anti-dumping Measures in China', Pu Lingchen, Issue 5, pp. 237–239 |
infoPu Lingchen, 'Judicial Review of Anti-dumping Measures in China' (2012) 7 Global Trade and Customs Journal, Issue 5, pp. 237–239 | | This collection of articles analyses the problems with judicial review of trade remedy determinations in ten user countries - Australia, Brazil, Canada, China, the European Union, India, Indonesia, Mexico, South Africa, and the United States - and is a follow-up to similar studies in 2004 and 2007 respectively. Each article succinctly describes the major problems with judicial review in their jurisdictions covering the period from 2001 to 2010 with an aim to examine the effectiveness of judicial review (and/or, where applicable, review by an administrative tribunal) of trade remedy determinations in the light of Article 13 of the WTO Anti-Dumping Agreement. Two problems have been underlined: (1) the excessively long duration of the judicial review procedures; and (2) the considerable deference given to the administrative authorities on substantive issues by the courts typically on account of the technicality of the anti-dumping determinations and the absence of expert judges versed with trade remedy laws. These two problems have deeply impacted the effectiveness of the judicial review systems in most jurisdictions investigated and the situation is far from what is envisaged in Article 13 of the ADA. Both problems are related to the absence of specialized courts and chambers with judges trained in trade remedy laws. In contrast, the United States and India - the only two countries that have specialized courts - have effective judicial review systems. For the ten year period covered by this study, the ten countries investigated can be divided into two groups as regards the recourse to judicial review of anti-dumping determinations. One group comprises the European Union, India, Mexico and the United States where judicial review of anti-dumping determinations has been frequent. The second group comprises the remaining countries namely Australia, Brazil, Canada, China, Indonesia and South Africa where judicial reviews have been more limited. In fact the judicial review systems for trade remedy determinations in countries such as China and Indonesia are in the early stages of development. Copyright © 2012 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2012029 |
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'Judicial Review of Anti-dumping Determinations in the EU', Edwin Vermulst, Davide Rovetta, Issue 5, pp. 240–247 |
infoEdwin Vermulst, Davide Rovetta, 'Judicial Review of Anti-dumping Determinations in the EU' (2012) 7 Global Trade and Customs Journal, Issue 5, pp. 240–247 | | This collection of articles analyses the problems with judicial review of trade remedy determinations in ten user countries - Australia, Brazil, Canada, China, the European Union, India, Indonesia, Mexico, South Africa, and the United States - and is a follow-up to similar studies in 2004 and 2007 respectively. Each article succinctly describes the major problems with judicial review in their jurisdictions covering the period from 2001 to 2010 with an aim to examine the effectiveness of judicial review (and/or, where applicable, review by an administrative tribunal) of trade remedy determinations in the light of Article 13 of the WTO Anti-Dumping Agreement. Two problems have been underlined: (1) the excessively long duration of the judicial review procedures; and (2) the considerable deference given to the administrative authorities on substantive issues by the courts typically on account of the technicality of the anti-dumping determinations and the absence of expert judges versed with trade remedy laws. These two problems have deeply impacted the effectiveness of the judicial review systems in most jurisdictions investigated and the situation is far from what is envisaged in Article 13 of the ADA. Both problems are related to the absence of specialized courts and chambers with judges trained in trade remedy laws. In contrast, the United States and India - the only two countries that have specialized courts - have effective judicial review systems. For the ten year period covered by this study, the ten countries investigated can be divided into two groups as regards the recourse to judicial review of anti-dumping determinations. One group comprises the European Union, India, Mexico and the United States where judicial review of anti-dumping determinations has been frequent. The second group comprises the remaining countries namely Australia, Brazil, Canada, China, Indonesia and South Africa where judicial reviews have been more limited. In fact the judicial review systems for trade remedy determinations in countries such as China and Indonesia are in the early stages of development. Copyright © 2012 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2012030 |
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'Judicial Review of Anti-dumping Actions Country Study: India', Sampath Seetharaman, Issue 5, pp. 248–256 |
infoSampath Seetharaman, 'Judicial Review of Anti-dumping Actions Country Study: India' (2012) 7 Global Trade and Customs Journal, Issue 5, pp. 248–256 | | This collection of articles analyses the problems with judicial review of trade remedy determinations in ten user countries - Australia, Brazil, Canada, China, the European Union, India, Indonesia, Mexico, South Africa, and the United States - and is a follow-up to similar studies in 2004 and 2007 respectively. Each article succinctly describes the major problems with judicial review in their jurisdictions covering the period from 2001 to 2010 with an aim to examine the effectiveness of judicial review (and/or, where applicable, review by an administrative tribunal) of trade remedy determinations in the light of Article 13 of the WTO Anti-Dumping Agreement. Two problems have been underlined: (1) the excessively long duration of the judicial review procedures; and (2) the considerable deference given to the administrative authorities on substantive issues by the courts typically on account of the technicality of the anti-dumping determinations and the absence of expert judges versed with trade remedy laws. These two problems have deeply impacted the effectiveness of the judicial review systems in most jurisdictions investigated and the situation is far from what is envisaged in Article 13 of the ADA. Both problems are related to the absence of specialized courts and chambers with judges trained in trade remedy laws. In contrast, the United States and India - the only two countries that have specialized courts - have effective judicial review systems. For the ten year period covered by this study, the ten countries investigated can be divided into two groups as regards the recourse to judicial review of anti-dumping determinations. One group comprises the European Union, India, Mexico and the United States where judicial review of anti-dumping determinations has been frequent. The second group comprises the remaining countries namely Australia, Brazil, Canada, China, Indonesia and South Africa where judicial reviews have been more limited. In fact the judicial review systems for trade remedy determinations in countries such as China and Indonesia are in the early stages of development. Copyright © 2012 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2012031 |
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'Judicial Review of Anti-dumping Determinations in Indonesia', Erry Bundjamin, Issue 5, pp. 257–262 |
infoErry Bundjamin, 'Judicial Review of Anti-dumping Determinations in Indonesia' (2012) 7 Global Trade and Customs Journal, Issue 5, pp. 257–262 | | This collection of articles analyses the problems with judicial review of trade remedy determinations in ten user countries - Australia, Brazil, Canada, China, the European Union, India, Indonesia, Mexico, South Africa, and the United States - and is a follow-up to similar studies in 2004 and 2007 respectively. Each article succinctly describes the major problems with judicial review in their jurisdictions covering the period from 2001 to 2010 with an aim to examine the effectiveness of judicial review (and/or, where applicable, review by an administrative tribunal) of trade remedy determinations in the light of Article 13 of the WTO Anti-Dumping Agreement. Two problems have been underlined: (1) the excessively long duration of the judicial review procedures; and (2) the considerable deference given to the administrative authorities on substantive issues by the courts typically on account of the technicality of the anti-dumping determinations and the absence of expert judges versed with trade remedy laws. These two problems have deeply impacted the effectiveness of the judicial review systems in most jurisdictions investigated and the situation is far from what is envisaged in Article 13 of the ADA. Both problems are related to the absence of specialized courts and chambers with judges trained in trade remedy laws. In contrast, the United States and India - the only two countries that have specialized courts - have effective judicial review systems. For the ten year period covered by this study, the ten countries investigated can be divided into two groups as regards the recourse to judicial review of anti-dumping determinations. One group comprises the European Union, India, Mexico and the United States where judicial review of anti-dumping determinations has been frequent. The second group comprises the remaining countries namely Australia, Brazil, Canada, China, Indonesia and South Africa where judicial reviews have been more limited. In fact the judicial review systems for trade remedy determinations in countries such as China and Indonesia are in the early stages of development. Copyright © 2012 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2012032 |
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'Judicial Review of Anti-dumping Determinations in Mexico', Gustavo A. Uruchurtu, Issue 5, pp. 263–274 |
infoGustavo A. Uruchurtu, 'Judicial Review of Anti-dumping Determinations in Mexico' (2012) 7 Global Trade and Customs Journal, Issue 5, pp. 263–274 | | This collection of articles analyses the problems with judicial review of trade remedy determinations in ten user countries - Australia, Brazil, Canada, China, the European Union, India, Indonesia, Mexico, South Africa, and the United States - and is a follow-up to similar studies in 2004 and 2007 respectively. Each article succinctly describes the major problems with judicial review in their jurisdictions covering the period from 2001 to 2010 with an aim to examine the effectiveness of judicial review (and/or, where applicable, review by an administrative tribunal) of trade remedy determinations in the light of Article 13 of the WTO Anti-Dumping Agreement. Two problems have been underlined: (1) the excessively long duration of the judicial review procedures; and (2) the considerable deference given to the administrative authorities on substantive issues by the courts typically on account of the technicality of the anti-dumping determinations and the absence of expert judges versed with trade remedy laws. These two problems have deeply impacted the effectiveness of the judicial review systems in most jurisdictions investigated and the situation is far from what is envisaged in Article 13 of the ADA. Both problems are related to the absence of specialized courts and chambers with judges trained in trade remedy laws. In contrast, the United States and India - the only two countries that have specialized courts - have effective judicial review systems. For the ten year period covered by this study, the ten countries investigated can be divided into two groups as regards the recourse to judicial review of anti-dumping determinations. One group comprises the European Union, India, Mexico and the United States where judicial review of anti-dumping determinations has been frequent. The second group comprises the remaining countries namely Australia, Brazil, Canada, China, Indonesia and South Africa where judicial reviews have been more limited. In fact the judicial review systems for trade remedy determinations in countries such as China and Indonesia are in the early stages of development. Copyright © 2012 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2012033 |
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'Anti-dumping and Judicial Review in South Africa: An Urgent Need for Change', Gustav Brink, Issue 5, pp. 275–282 |
infoGustav Brink, 'Anti-dumping and Judicial Review in South Africa: An Urgent Need for Change' (2012) 7 Global Trade and Customs Journal, Issue 5, pp. 275–282 | | This collection of articles analyses the problems with judicial review of trade remedy determinations in ten user countries - Australia, Brazil, Canada, China, the European Union, India, Indonesia, Mexico, South Africa, and the United States - and is a follow-up to similar studies in 2004 and 2007 respectively. Each article succinctly describes the major problems with judicial review in their jurisdictions covering the period from 2001 to 2010 with an aim to examine the effectiveness of judicial review (and/or, where applicable, review by an administrative tribunal) of trade remedy determinations in the light of Article 13 of the WTO Anti-Dumping Agreement. Two problems have been underlined: (1) the excessively long duration of the judicial review procedures; and (2) the considerable deference given to the administrative authorities on substantive issues by the courts typically on account of the technicality of the anti-dumping determinations and the absence of expert judges versed with trade remedy laws. These two problems have deeply impacted the effectiveness of the judicial review systems in most jurisdictions investigated and the situation is far from what is envisaged in Article 13 of the ADA. Both problems are related to the absence of specialized courts and chambers with judges trained in trade remedy laws. In contrast, the United States and India - the only two countries that have specialized courts - have effective judicial review systems. For the ten year period covered by this study, the ten countries investigated can be divided into two groups as regards the recourse to judicial review of anti-dumping determinations. One group comprises the European Union, India, Mexico and the United States where judicial review of anti-dumping determinations has been frequent. The second group comprises the remaining countries namely Australia, Brazil, Canada, China, Indonesia and South Africa where judicial reviews have been more limited. In fact the judicial review systems for trade remedy determinations in countries such as China and Indonesia are in the early stages of development. Copyright © 2012 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2012034 |
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'Judicial Review of Anti-dumping Determinations in the United States', Gary N. Horlick, Thomas J. Trendl, Issue 5, pp. 283–289 |
infoGary N. Horlick, Thomas J. Trendl, 'Judicial Review of Anti-dumping Determinations in the United States' (2012) 7 Global Trade and Customs Journal, Issue 5, pp. 283–289 | | This collection of articles analyses the problems with judicial review of trade remedy determinations in ten user countries - Australia, Brazil, Canada, China, the European Union, India, Indonesia, Mexico, South Africa, and the United States - and is a follow-up to similar studies in 2004 and 2007 respectively. Each article succinctly describes the major problems with judicial review in their jurisdictions covering the period from 2001 to 2010 with an aim to examine the effectiveness of judicial review (and/or, where applicable, review by an administrative tribunal) of trade remedy determinations in the light of Article 13 of the WTO Anti-Dumping Agreement. Two problems have been underlined: (1) the excessively long duration of the judicial review procedures; and (2) the considerable deference given to the administrative authorities on substantive issues by the courts typically on account of the technicality of the anti-dumping determinations and the absence of expert judges versed with trade remedy laws. These two problems have deeply impacted the effectiveness of the judicial review systems in most jurisdictions investigated and the situation is far from what is envisaged in Article 13 of the ADA. Both problems are related to the absence of specialized courts and chambers with judges trained in trade remedy laws. In contrast, the United States and India - the only two countries that have specialized courts - have effective judicial review systems. For the ten year period covered by this study, the ten countries investigated can be divided into two groups as regards the recourse to judicial review of anti-dumping determinations. One group comprises the European Union, India, Mexico and the United States where judicial review of anti-dumping determinations has been frequent. The second group comprises the remaining countries namely Australia, Brazil, Canada, China, Indonesia and South Africa where judicial reviews have been more limited. In fact the judicial review systems for trade remedy determinations in countries such as China and Indonesia are in the early stages of development. Copyright © 2012 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2012035 |
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ISSUE 6 | |
'What Trade Lawyers Should Know about the ILC Articles on State Responsibility', Alejandro Sánchez, Issue 6, pp. 292–299 |
infoAlejandro Sánchez, 'What Trade Lawyers Should Know about the ILC Articles on State Responsibility' (2012) 7 Global Trade and Customs Journal, Issue 6, pp. 292–299 | | The ILC Articles on State Responsibility ('ILC Articles') establish secondary rules in public international law on the existence and the parameters of a country's responsibility arising from a specific conduct. Although international tribunals systematically rely on the ILC Articles as applicable law, WTO adjudicators have relied on the ILC Articles only as an interpretation tool to clarify the meaning of WTO law. This article discusses the origins and the content of the ILC Articles and explores the issue of whether, and to what the extent, the ILC Articles could constitute applicable law in the WTO context. Copyright © 2012 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2012036 |
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'The Expiration of Mexico’s Transitional Regime against Chinese Imports: The Beginning of a New Trade Era', Manuel Sanchez, Issue 6, pp. 300–304 |
infoManuel Sanchez, 'The Expiration of Mexico’s Transitional Regime against Chinese Imports: The Beginning of a New Trade Era' (2012) 7 Global Trade and Customs Journal, Issue 6, pp. 300–304 | | Chinese imports have always been a headache for Mexico. Just before China's accession to the WTO, Mexico had a trade deficit of 3.2 billion dollars with China. As of November of 2011, this trade deficit increased to 46.4 billion dollars. Whereas China has improved the quantity and diversity of exports to Mexico -rapidly becoming Mexico's second biggest supplier - Mexico has not taken advantage of one of the biggest markets in the world. In fact, Mexican exports to China have always been a relatively low portion of China's total imports. It is beyond the scope of this article to address why this has happened. Instead, this article will focus on the issues that will arise in the trade relationship between both countries in the near future, especially in the light of the expiration of Mexico's transitional regime that, until 11 December 2011, protected its economy from Chinese imports. Copyright © 2012 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2012037 |
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'Conversation with Judge Evan J. Wallach', Louise Bohmann, Jini Koh, Issue 6, pp. 305–308 |
infoLouise Bohmann, Jini Koh, 'Conversation with Judge Evan J. Wallach' (2012) 7 Global Trade and Customs Journal, Issue 6, pp. 305–308 | | Copyright © 2012 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2012038 |
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'Case Note – Thailand – Customs Valuation and Royalties', Picharn Sukparangsee, Luxsiri Supakijjanusorn, Issue 6, pp. 309–310 |
infoPicharn Sukparangsee, Luxsiri Supakijjanusorn, 'Case Note – Thailand – Customs Valuation and Royalties' (2012) 7 Global Trade and Customs Journal, Issue 6, pp. 309–310 | | The Supreme Court of Thailand has ruled in favour of an importer, finding that the royalty payment was not part of the dutiable value of the imported merchandise. Copyright © 2012 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2012039 |
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ISSUE 7/8 | |
'Anticipated Import Affidavit and Services Payments Restrictions in Argentina: A Few Considerations After the first Months of Their Validity', Augusto Vechio, Pablo J. Torretta, Issue 7/8, pp. 312–314 |
infoAugusto Vechio, Pablo J. Torretta, 'Anticipated Import Affidavit and Services Payments Restrictions in Argentina: A Few Considerations After the first Months of Their Validity' (2012) 7 Global Trade and Customs Journal, Issue 7/8, pp. 312–314 | | Copyright © 2012 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2012040 |
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'The EU–Korea Free Trade Agreement: Origin Declaration and Approved Exporter Status', Patricio Díaz Gavier, Luc Verhaeghe, Issue 7/8, pp. 315–325 |
infoPatricio Díaz Gavier, Luc Verhaeghe, 'The EU–Korea Free Trade Agreement: Origin Declaration and Approved Exporter Status' (2012) 7 Global Trade and Customs Journal, Issue 7/8, pp. 315–325 | | When it comes to proof of origin, the EU-Korea free trade agreement is a new generation agreement. The system of origin certification by a competent authority is replaced by a system of self-certification while in previous free trade agreements both systems coexisted. Under this free trade agreement, consignments of EUR 6000 or more can only be granted preferential treatment where the origin declaration is made out by an approved exporter. Exporters wishing their goods to benefit from preferential treatment must obtain approved exporter status through an application process. Without such approval, an exporter cannot make out a valid origin declaration and preferential treatment cannot be granted on importation. The purpose of this article is to explain the self-certification process under the EU-Korea free trade agreement and related topics, including the origin declaration and its validity, the verification of the origin declarations and the consequences for importers when the presented origin declaration is invalid or incorrect. The article focuses mostly on the EU perspective. The articles referenced to herein are contained in the Protocol of Origin. Copyright © 2012 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2012041 |
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'NATCO v. BAYER: Indian Patent Authority Grants Its First Ever Compulsory License on Pharmaceutical Products', James J. Nedumpara, Prateek Misra, Issue 7/8, pp. 326–330 |
infoJames J. Nedumpara, Prateek Misra, 'NATCO v. BAYER: Indian Patent Authority Grants Its First Ever Compulsory License on Pharmaceutical Products' (2012) 7 Global Trade and Customs Journal, Issue 7/8, pp. 326–330 | | In an unprecedented move, the Controller of Patents in India has invoked the compulsory licensing provision of the Indian Patents Act to allow a domestic generic pharmaceutical company, viz., Natco Pharma to manufacture and sell the generic version of Bayer's patent-protected anti-cancer medicine, Nexavar (Sorafenib Tosylate) at a fraction of Bayer's selling price in India. The Controller of Patents reached the decision on the grounds that: (i) the reasonable requirements of the public with respect to patented invention are not met; (ii) that the patented invention was not available to the public at a reasonably affordable price; and (iii) that the patented invention has not been 'worked' in the territory of India. This decision has stirred a debate as to whether the grant of compulsory license could lead to weakening of intellectual property protection in India whereas several consumer and civil society organizations argue that this decision may usher in a new reality which requires the drug prices to be linked to the affordability of the consumers. The underlying message of this decision seems to be that no pharmaceutical company can afford to ignore a market if there are consumers suffering or dying in these countries for want of treatment by a product for which they hold the patent rights. Copyright © 2012 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2012042 |
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'Trade Defence Instruments in Vietnam: Reality and Solutions', Trang Lu Thi Thu, Issue 7/8, pp. 331–340 |
infoTrang Lu Thi Thu, 'Trade Defence Instruments in Vietnam: Reality and Solutions' (2012) 7 Global Trade and Customs Journal, Issue 7/8, pp. 331–340 | | Increasing international trade liberalization has dramatically dropped tariff and non-tariff barriers in the last decade in line with the commitments of WTO Members. Anti-dumping, anti-subsidy and safeguard measures, three pillars of trade defence instruments (TDIs), are considered as an effective means of protectionism for countries to reversely impose tariff barriers against their trading partners for the benefit of domestic industries. WTO accession and regional economic integration presented Vietnam with considerable potential and opportunities to expand and to intensify its trade relations with the world. At the same time, growing trade may also bring many challenges, including issues related to unfair trade practices and fierce competition to domestic industries from imported products. Therefore, it is necessary for Vietnam to make effective use of TDIs for the legitimate benefits of domestic industries. Against this backdrop, although Vietnam's legislation on anti-dumping, countervailing and safeguard measures had been sufficiently promulgated since 2004, there has been only one case on safeguard measure ending up with nonaffirmative result. The article aims at providing the general overview of the TDIs system in Vietnam and the application of the Vietnamese regulation on TDIs to explore the reasons for the inactiveness of TDIs in Vietnam before coming up with the recommendations for the better use of TDIs in the future. Copyright © 2012 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2012043 |
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'Overkill, Or: Free Trade Agreements in Asia', Patrick Dahm, Issue 7/8, pp. 341–346 |
infoPatrick Dahm, 'Overkill, Or: Free Trade Agreements in Asia' (2012) 7 Global Trade and Customs Journal, Issue 7/8, pp. 341–346 | | Free trade and investment are deemed to be beneficial and so are, in terms of content, free trade and investment agreements. In Asia the number of these agreements is growing. The article explains how free trade and investment agreements in Asia are supposed to work, but why effectively they do not, namely because their sheer number misses the market and having to plough through them causes a waste of resources and opportunities. The article concludes with suggesting the lengthy and arduous but worthwhile effort necessary in order to revert to the underlying idea of every free trade and investment agreement. Copyright © 2012 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2012044 |
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'The Treatment of ‘Likeness' and A New Rejection of the ‘Aim and Effects' Test in US – Clove Cigarettes', Fernando Piérola, Issue 7/8, pp. 347–348 |
infoFernando Piérola, 'The Treatment of ‘Likeness' and A New Rejection of the ‘Aim and Effects' Test in US – Clove Cigarettes' (2012) 7 Global Trade and Customs Journal, Issue 7/8, pp. 347–348 | | Copyright © 2012 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2012045 |
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ISSUE 9 | |
'The TBT Agreement Meets the GATT: The Appellate Body Decision in US – Tuna II (Mexico)', Brendan McGivern, Issue 9, pp. 350–354 |
infoBrendan McGivern, 'The TBT Agreement Meets the GATT: The Appellate Body Decision in US – Tuna II (Mexico)' (2012) 7 Global Trade and Customs Journal, Issue 9, pp. 350–354 | | In US - Tuna II (Mexico), the WTO Appellate Body ruled that the US 'dolphin safe' labelling scheme for canned tuna violated the national treatment obligations of the United States under the WTO Agreement on Technical Barriers to Trade (TBT Agreement). However, it rejected Mexico's claims that the labelling law was 'more trade-restrictive than necessary' to fulfil the US objectives of dolphin conservation. The decision of the Appellate Body in US - Tuna II (Mexico) and its earlier ruling in US - Clove Cigarettes2 provide a clear indication of the tribunal's interpretive approach to key provisions of the TBT Agreement. Importantly, the Appellate Body has adopted a competition-based approach to determining whether a technical regulation provides 'less favourable treatment' to imported like products. The Appellate Body decisions thus root the national treatment disciplines of the TBT Agreement firmly within the jurisprudence of the GATT. Copyright © 2012 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2012046 |
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'The TBT Agreement: Examining the Line Between Technical Regulations and Standards', Faisal Al-Nabhani, Issue 9, pp. 355–364 |
infoFaisal Al-Nabhani, 'The TBT Agreement: Examining the Line Between Technical Regulations and Standards' (2012) 7 Global Trade and Customs Journal, Issue 9, pp. 355–364 | | Copyright © 2012 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2012047 |
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'Case Note Part One: Appellate Body Report in United States – Measures Affecting Trade in Large Civil Aircraft (Second Complaint) (DS353) (US – Boeing)', Jan Bohanes, Rueda Garcia, Issue 9, pp. 365–378 |
infoJan Bohanes, Rueda Garcia, 'Case Note Part One: Appellate Body Report in United States – Measures Affecting Trade in Large Civil Aircraft (Second Complaint) (DS353) (US – Boeing)' (2012) 7 Global Trade and Customs Journal, Issue 9, pp. 365–378 | | Copyright © 2012 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2012048 |
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'Coherent International Trade Policies Hasten, Not Retard, Cloud Computing', Lawrence A. Kogan, Issue 9, pp. 379–393 |
infoLawrence A. Kogan, 'Coherent International Trade Policies Hasten, Not Retard, Cloud Computing' (2012) 7 Global Trade and Customs Journal, Issue 9, pp. 379–393 | | Amid the apparent global economic slowdown affecting multiple goods and services sectors, including those comprising the broad rubric of ICTs, the availability of ubiquitous multiple broadband and Internet-based cloud offerings continue to present national and regional governments with a significant potential source of current and future local economic growth and job creation possibilities. While governments cognizant of this opportunity have endeavoured to exploit it, they have, however, largely remained cautious in addressing emerging public policy concerns surrounding third country digital transfers of individual and business data to the cloud. A number of governments have embraced different and often inconsistent regulatory and voluntary approaches in answer to these data/informational privacy and data security concerns. These responses have imposed significant direct and indirect restrictions on trans-border data flows that have had the undesirable effect of retarding the adoption of cloud computing service platforms in various markets. More established globally-focused cloud service providers have been most adversely impacted by these new measures, even after having previously reformed their IP-based business models to satisfy foreign governments' expressed preference for less expensive royalty-free ICT interoperability frameworks. Consequently, these and other companies, increasingly suspicious of disguised protectionism at play, have called upon governments to quickly reach consensus in one or more multilateral, regional and/or bilateral forums on an open, transparent and non-trade-restrictive framework capable of providing a positive enabling environment that facilitates the eventual expansion of international cloud computing. Copyright © 2012 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2012049 |
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ISSUE 10 | |
'Case Note Part Two: Appellate Body Report in United States – Measures Affecting Trade in Large Civil Aircraft (Second Complaint) (DS353) (US – Boeing) – Part II – Serious Prejudice', Jan Bohanes, Diego Rueda García, Issue 10, pp. 396–405 |
infoJan Bohanes, Diego Rueda García, 'Case Note Part Two: Appellate Body Report in United States – Measures Affecting Trade in Large Civil Aircraft (Second Complaint) (DS353) (US – Boeing) – Part II – Serious Prejudice' (2012) 7 Global Trade and Customs Journal, Issue 10, pp. 396–405 | | Copyright © 2012 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2012050 |
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'What a Customs Lawyer Should Know about EU Value Added Tax (VAT) Law', Michael Lux, Ulrich Schrömbges, Kristina Vitkauskaite, Issue 10, pp. 406–431 |
infoMichael Lux, Ulrich Schrömbges, Kristina Vitkauskaite, 'What a Customs Lawyer Should Know about EU Value Added Tax (VAT) Law' (2012) 7 Global Trade and Customs Journal, Issue 10, pp. 406–431 | | It is a widely held belief that persons handling imports and exports mainly need to know customs legislation and the rules on import/export prohibitions. However, insofar as the financial aspects of import are concerned, the amount of import Value Added Tax (VAT) is normally higher than that of customs duty, given that a high proportion of goods can be imported into the EU duty-free or at low duty rates, whereas for import VAT the standard rate ranges - depending on the Member State concerned - between 15% and 27%. Though VAT - different from customs duty - is intended to be borne by the final consumer and VAT relief is to be granted when goods are exported or brought to another Member State, there are a number of pitfalls which can lead to the result that the importer or exporter or his representative has to bear the burden of VAT. This article describes in a simple way the VAT rules for import (including import followed by an onward delivery to another Member State) and export and explains their link with, or divergence from, the customs rules. In order to facilitate comprehension and to limit the size of this article, not all details of the EU VAT legislation and its implementation by Member States are explained, so that for specific cases individual advice by a specialized lawyer or tax consultant should be sought in the Member State concerned. Copyright © 2012 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2012051 |
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'South Korea’s Free Trade Agreements with the EU and EFTA: How Do They Compare?', Michael Sánchez Rydelski, Lars Erik Nordgaard, Issue 10, pp. 432–440 |
infoMichael Sánchez Rydelski, Lars Erik Nordgaard, 'South Korea’s Free Trade Agreements with the EU and EFTA: How Do They Compare?' (2012) 7 Global Trade and Customs Journal, Issue 10, pp. 432–440 | | Given the years of deadlock over the Doha Agenda, many WTO Members have actively engaged in bilateral negotiations to advance their goals of mutual liberalization. The European Union and the four EFTA States (Iceland, Liechtenstein, Norway and Switzerland) are no exception to this development and indeed are most active in pursuing their trade and related interests through bilateral Free Trade Agreements with key trading partners. The most ambitious Free Trade Agreements concluded so far by the European Union and EFTA are both with South Korea. This article describes the key features of both Agreements. It examines how they compare and to what extent they achieve their objectives. Copyright © 2012 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2012052 |
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'‘Automatic’ Discovery Procedures in the WTO – The Treatment of Annex V to the SCM Agreement by Appellate Body Report in United States – Measures Affecting Trade in Large Civil Aircraft (Second Complaint) (DS353) (US – Boeing)', Jan Bohanes, Diego Rueda García, Issue 10, pp. 441–446 |
infoJan Bohanes, Diego Rueda García, '‘Automatic’ Discovery Procedures in the WTO – The Treatment of Annex V to the SCM Agreement by Appellate Body Report in United States – Measures Affecting Trade in Large Civil Aircraft (Second Complaint) (DS353) (US – Boeing)' (2012) 7 Global Trade and Customs Journal, Issue 10, pp. 441–446 | | Copyright © 2012 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2012053 |
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'Marianne Rowden, President and Chief Executive Officer of the American Association of Exporters and Importers', Michael Larmoyeux, Issue 10, pp. 447–451 |
infoMichael Larmoyeux, 'Marianne Rowden, President and Chief Executive Officer of the American Association of Exporters and Importers' (2012) 7 Global Trade and Customs Journal, Issue 10, pp. 447–451 | | Copyright © 2012 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2012054 |
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ISSUE 11/12 | |
'The Divergence in Theoretical and Practical Use of Combined Nomenclature Explanatory Notes and Tariff Classification Regulations in the EU', Nicolaj Kuplewatzky, Davide Rovetta, Issue 11/12, pp. 454–460 |
infoNicolaj Kuplewatzky, Davide Rovetta, 'The Divergence in Theoretical and Practical Use of Combined Nomenclature Explanatory Notes and Tariff Classification Regulations in the EU' (2012) 7 Global Trade and Customs Journal, Issue 11/12, pp. 454–460 | | All goods imported into or exported from the customs territory of the European Union must be declared and classified in conformity with the Combined Nomenclature (CN). In accordance with the so-called 'Basic Tariff Regulation', the European Commission ('the Commission') can approve explanatory notes and tariff classification regulations in order to classify a given set of goods in the CN. Their practical retroactive application however creates many problems both under EU law and the GATT 1994. The present paper analyzes such practical problems and sets forth possible solutions in light of the case-law of the Court of Justice of the European Union and of the so-called 'counter-limits doctrine' by the Italian and German Constitutional Courts. We argue that the retroactive application of explanatory notes and tariff classification regulations coupled with possible criminal and administrative sanctions against traders must be addressed by both the European Commission and the Court of Justice. We also argue that should the EU institutions fail to correct the above shortcomings, national constitutional courts, basing themselves on the counter-limits doctrine, must step in and set aside such aspects of EU tariff classification law and the national sanctions breaching fundamental freedoms. Copyright © 2012 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2012055 |
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'The WTO Accession Process and Non-economic Considerations', Ali Ibn AbiTalib A. Elgindi, Peter Lunenborg, Issue 11/12, pp. 461–465 |
infoAli Ibn AbiTalib A. Elgindi, Peter Lunenborg, 'The WTO Accession Process and Non-economic Considerations' (2012) 7 Global Trade and Customs Journal, Issue 11/12, pp. 461–465 | | Copyright © 2012 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2012056 |
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'India Back among WTO Disputes: An Update on India’s Current and Potential WTO Disputes', Suhail Nathani, James J. Nedumpara, Issue 11/12, pp. 466–472 |
infoSuhail Nathani, James J. Nedumpara, 'India Back among WTO Disputes: An Update on India’s Current and Potential WTO Disputes' (2012) 7 Global Trade and Customs Journal, Issue 11/12, pp. 466–472 | | After a fairly long lull in World Trade Organization (WTO) dispute settlement activity India has become active again. There are at least three disputes involving India before the WTO dispute settlement body. There are several other trade differences that are perceived as potential disputes as India engages with other Members of the WTO community for an early resolution of these differences. While some of these trade differences have already been reported by the media as 'WTO challenges', it is important to put in perspective the nature and type of these trade differences and whether they can culminate in trade disputes. This Comment also seeks to understand the diverse economic and systemic issues these disputes and trade differences have raised. Copyright © 2012 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2012057 |
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'Multilateral Disciplines on Rules of Origin: How Far Are We from Squaring the Circle?', Simon Lacey, Issue 11/12, pp. 473–492 |
infoSimon Lacey, 'Multilateral Disciplines on Rules of Origin: How Far Are We from Squaring the Circle?' (2012) 7 Global Trade and Customs Journal, Issue 11/12, pp. 473–492 | | A significant quantity of global merchandise trade takes place under one of two sets of preferential rules of origin (ROO), either those of the European Union, the so-called Pan-European Cumulation System (PECS), or those generally preferred by the United States, as manifested in free trade agreements (FTAs) such as NAFTA and the many subsequent FTAs the US has concluded with various trading partners since then. Many years of work conducted by the World Customs Organization and the World Trade Organization have finally culminated in a draft text on non-preferential ROO, with the only thing standing in the way of its adoption being a relatively limited subset of narrowly defined political economy interests in some of the largest trading nations. Some observers have argued that the so-called spaghetti bowl of preferential trade agreements can be 'multilateralized', and that one way to achieve this would be to harmonize preferential ROO at the multilateral level, that is, at the WTO. This paper looks at how easy or difficult it would be to achieve such harmonization, both in purely technical terms as well as a political economy matter. It concludes that the current system of ROO is quickly being overtaken by the realities of increasingly unbundled and globally dispersed production processes and that these rules are even more likely to need a complete rethink as global manufacturing in so many industries undergoes what is probably the most profound economic shakeup in over a hundred years. Copyright © 2012 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2012058 |
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'Liberalization of Legal Services in India: The Role and Consequences of the Free Trade Agreements EU-India', Gilles Muller, Issue 11/12, pp. 493–503 |
infoGilles Muller, 'Liberalization of Legal Services in India: The Role and Consequences of the Free Trade Agreements EU-India' (2012) 7 Global Trade and Customs Journal, Issue 11/12, pp. 493–503 | | Since the early 1990s India has progressively liberalized its economy to become fully integrated in the globalization process becoming one of the fastest growing economies in the world. This situation stands in sharp contrast with its legal services market, which remains totally closed to foreign lawyers. Nevertheless, economic developments as well as intense lobbying of foreign legal services suppliers have pressed the Indian government to liberalize its legal services market. However, the Indian government has faced fierce resistance from domestic lawyers. As a result, the situation has been paralyzed for over two decades with the government delaying action. Within this context, the conclusion of free trade agreement with the EU and the potential gains for the Indian economy has become a powerful incentive for liberalization. This article aims to analyze the role and consequences of this agreement in the liberalization of legal services in India. Copyright © 2012 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2012059 |
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'Market Economy Treatment in EU Anti-dumping Investigations Following the Judgment of the Court of Justice of the EU in Xinanchem', Yves Melin, Issue 11/12, pp. 504–506 |
infoYves Melin, 'Market Economy Treatment in EU Anti-dumping Investigations Following the Judgment of the Court of Justice of the EU in Xinanchem' (2012) 7 Global Trade and Customs Journal, Issue 11/12, pp. 504–506 | | If we are victorious in one more battle with the Romans, we shall be utterly ruined. Copyright © 2012 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2012060 |
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'EU Initiative on Modernization of Trade Defence Instruments', Michael Lux, Issue 11/12, pp. 507–509 |
infoMichael Lux, 'EU Initiative on Modernization of Trade Defence Instruments' (2012) 7 Global Trade and Customs Journal, Issue 11/12, pp. 507–509 | | Copyright © 2012 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2012061 |
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'New Countries are Applying the Harmonized System Nomenclature – Update 2012', Carsten Weerth, Issue 11/12, pp. 510–511 |
infoCarsten Weerth, 'New Countries are Applying the Harmonized System Nomenclature – Update 2012' (2012) 7 Global Trade and Customs Journal, Issue 11/12, pp. 510–511 | | Copyright © 2012 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2012062 |
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'Article Index', Issue 11/12, pp. 512–515 |
info'Article Index' (2012) 7 Global Trade and Customs Journal, Issue 11/12, pp. 512–515 | | Copyright © 2012 Kluwer Law International
All rights reserved ISSN: 1569-755X
ID: GTCJ2012063 |
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