Global carbon dioxide (CO2) emissions increased 1.4% to 32.5 gigatonnes in 2017, a new and dubious record. According to environmental organizations such as the International Energy Agency (IEA), China continues to be the largest annual CO2 emitter, with the United States in second place (the United States is still the largest cumulative or historic CO2…

Speaking today on the centre stage at the Web Summit in Lisbon, and introduced as the “most important woman in the world for tech”, I heard today from EU Competition Commissioner Margrethe Vestager, who emphasised the role of technology players in promoting fairness, privacy and democracy. Consistent with the “fair play in tech” message she…

There has been a significant amendment to the Trade Marks Act 1995 which further entrenches the legality of parallel imports in Australia. Until recently, s123 of the Trade Marks Act 1995 provided a defence to parties (including importers) using a trade mark to sell or import goods where the trade mark had been applied with…

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…

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…

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…

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…

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,…

How to prepare to comply From 1 July 2018 food businesses must comply with labelling requirements set out by the Australian Government which aim to provide consumers with greater transparency on the origin of their food. First introduced on 1 July 2016 as the Country of Origin Food Labelling Information Standard 2016 (Standard) the implementation of the Standard…

Although the U.S. unemployment rate is currently 4.1%, which probably approximates full employment, there are still many discouraged workers. Especially in the manufacturing sector there continues to be job insecurity and layoffs largely due to technology, the shift to a services economy, curtailed unions, and international trade competitiveness. The plight of displaced workers International trade has…

Deepening Precarity Although it outlines rules for the workplace, employment regulation has also been imbued with perceived potential for economic stimulus. There has been an inherent tension in this dualism that sees the latter given greater importance. The certainty underlying these plans, however, does not match the unpredictability of economic changes. How can employment regulation…

People within the European Union travel more than ever before for professional or personal reasons. When they do so, the four freedoms enshrined in the TFEU guarantee that they can take with them their siblings, professional qualifications, goods and money. One of the things they could not take with them, however, was their subscription to…

The United Nations Framework Convention on Climate Change (UNFCCC) Paris Agreement was signed in December 2015 to widespread acclaim. Although largely symbolic and non-enforceable, it begat optimism that governments would act to substantially decrease carbon pollution. The agreement focuses on voluntary pledges to reduce carbon pollution in order to limit global warming to a 2.0°…

Tilting at windmills? Innovations in information technology can be both positive and negative when applied to the workplace. On the positive side, there is an extended reach for individuals in any one country. Borders become less of an obstacle. However, regulatory frameworks within jurisdictions may remain hardened. Employment is one regulatory framework in which rigidity…

The private ridesharing opportunities created by Uber have disrupted existing private transport services to an unprecedented extent. In the wake of the Court of Justice’s recent Elite Taxi judgment (C-434/15), it became clear that Member States primarily remain responsible for the regulation of private ridesharing transport services such as Uber. The most common approach taken…

In the last decades, the worldwide rates of non-communicable diseases (NCDs) has skyrocketed to the point of becoming the leading cause of death in the world. According to the World Health Organization (WHO), NCDs kill 40 million people each year, equivalent to 70% of all deaths globally. The most prevalent types of NCDs are cardiovascular…

Ever since the European Court of Justice brought the rule-making activity of sports federations within the scope of EU law, the European competition rules have emerged as a unique instrument to assert control over sports’ transnational private regulatory power. Other than in the area of revenue-generating activities related to sports (e.g. ticket sales arrangements or…