The idea of facilitating secure and compliant trade underpins many international agreements such as the WTO Trade Facilitation Agreement (TFA) and WCO Safe Framework of Standards (SAFE) and is reflected in many “Authorised Economic Operator” programmes such as our own Australian Trusted Trader Programme (ATTP). Government and its agencies also provide further assistance to those…

Is the Commission stricter than the IAAF? The European Athletics Championships finished this Sunday. Some athletes “jumped the gun” by beginning a race before the official signal was given. Those athletes might debate with a referee whether they actually left before the starting shot or not, but no doubt they all know exactly what gun-jumping…

Australia passes espionage, foreign interference, foreign influence and critical infrastructure security laws. The concept of attempting to influence elected representatives, Governments and their agencies has been taking place forever – well at least as long as we have had these types of institutions. Seeking to influence the agenda The nature of the influence has changed…

In 1997, Fareed Zakaria wrote of illiberal democracies. His concern centred around the freedoms (such as speech, assembly, religion, property) that Zakaria termed ‘constitutional liberalism’. These natural rights held by human beings were to be respected by government. Illiberal democracies casually ignore constitutional limitations and undercut the aforementioned ‘basic’ rights. Zakaria’s observation has offered insight for…

On April 19, 2018, the European Court of Justice (“ECJ”) delivered a judgment dealing with the notions of abusive discrimination and competitive advantage under Article 102(2)(c) TFEU. The case concerned abusive price discrimination by a dominant company, between two customers competing in a downstream market (so-called non-exclusionary abusive discrimination). While ostensibly attempting to adapt the…

The complexities of the Brexit process are highlighting many divisions in UK law and politics, not least in the UK Parliament itself, as it seeks to legislate in order to supply the necessary legal foundations that provide for Brexit. Having successfully enacted the European Union (Withdrawal) Act 2018,[1] which received Royal Assent on 26 June…

Please find below the abstract of “The Consequences of the Brexit Vote on Management Attitudes to Recruitment in the Hospitality Industry” by Katy Ferris, Derek Cameron, Andrew Jenkins & James Marson, published in Business Law Review, issue 4, 2018 edited by Lisa Zoltowska   This article investigates the perceptions of managers in the hospitality industry…

The Independent Workers’ Union of Great Britain (IWGB) submitted an application to the Central Arbitration Committee (CAC) in order to be recognized for collective bargaining in North London. In November 2017, the CAC’s decision denied the “Roos” the right to negotiate their working conditions to the following extent: they are not workers. The reasoning developed…

We wanted to draw your attention to some interesting articles on Regulatory Innovation on Decent Work for Domestic Workers in the Light of International Labour Organization Convention No. 189 that appeared in International Journal of Comparative Labour Law and Industrial Relations Volume 34, issue 3, 2018, edited by Guy Davidov.   Adelle Blackett, Introduction (2018) 34, Issue 2,…

Please find below the abstract of “Brexit: Trade Governance and Legal Implications for Third Countries” by Martín Molinuevo, published in Journal of World Trade, issue 4, 2018 edited by Edwin Vermulst   The impact of Brexit on the trade relations of EU/UK with third countries is likely to entail an extensive process of amendment to…

The Europa Institute of Leiden University is sixty years old. It was established in 1957, the year in which the Treaty establishing the European Economic Community was signed in Rome. To mark this 60th anniversary, a two-day lustrum conference was held in the Academic Building of the University of Leiden on 30 November and 1 December…

Transportation surpassed electricity production in the United States in 2016 to become the country’s largest source of greenhouse gas (GHG) emissions at 28.5 percent of the total. Approximately 60 percent of U.S. transportation-related GHG emissions are caused by light-duty vehicles (LDVs), which chiefly consist of gasoline-powered passenger cars and light-duty trucks, including sport utility vehicles,…

The evolution in understanding privacy and personal data Visitors to major cities will become familiar with colour coding of the various means of transportation: for example, yellow cabs in New York; black cabs in London. Supplanting these colourful vehicles are alternatives to the regulated taxi industry, such as Uber or Lyft. The present contribution focuses…

Amidst the chaos created by “disTrumption”[1] globalization rolls on and international business pursues TESCM, or tax efficient supply chain management. What does this mean for trade and customs? TESCM arises from the OECD BEPS (base erosion and profit shifting)[2] initiative and will continue to drive multinational tax planning. The OECD effort is creating a restructuring…

The United Kingdom Supreme court confirmed on 13 June 2018 in the case of Pimlico v Smith what another three lower courts had already decided in the same case: that attempts by employers to label workers as self-employed under elaborate contractual arrangements can be unravelled by the judiciary to benefit the individuals. This decision follows…

With its judgment of 5 June 2018, the Court of Justice of the European Union has provided much overdue legal certainty for same-sex couples regarding their right of free movement under the EU Treaties. In the Coman-case, the Romanian Constitutional Court asked the CJEU whether EU law prevented the Romanian authorities from refusing a right…

Licensed premises authorised to hold goods ‘under customs control’ face a number of noteworthy challenges: the licensing regime is rigorous, setting high standards on applicants to operate premises and those employed in the premises and business; the ongoing compliance obligations are time-consuming and difficult, including, reporting of the movements of people and goods at the…

Please find below the abstract of “Legal Issues of Economic Disintegration: Government Procurement and BREXIT” by Kamala Dawar, published in Legal Issues of Economic Integration, issue 2, 2018 edited by Geraldo Vidigal   This article examines some of the European Union (EU) and World Trade Organization (WTO) legal issues that emerge for the United Kingdom’s…

Please find below the abstract of “On a Journey with Uncertain Destination: Metaphors and Images of the EU in Russian and Ukrainian Media after Brexit Vote” by Natalia Chaban & Ole Elgström, published in European Foreign Affairs Review, issue SI, 2018 edited by Jörg Monar and Nanette Neuwahl   The outcome of the British Brexit…

In April 2018, the Labour Tribunal of Turin, Italy, rejected a claim from six platform workers of the food-delivery company, Foodora, seeking to be reclassified as employees.  In reaching his decision, the judge relied extensively on the fact that these workers were allegedly free to decide when to work and to disregard previously agreed shifts,…