1. New Classification List of Public Companies for Foreign Investment Review On May 8, the Japanese authorities published a list of publicly-listed companies that are subject to prior examination for direct investments by foreign investors under the newly amended Foreign Exchange and Foreign Trade Act (the “FEFTA”).  The subject companies are classified into three categories:…

The United Nations Convention on Contracts for the International Sale of Goods (‘CISG’) epitomises the UNCITRAL’s endeavour to progressively unify and harmonise commercial law across the boundaries of nation-states. While the mere adoption and wide acceptance of the CISG are milestones in and of themselves, we should also not overlook the rich body of the…

Introduction The landmark decision in Justice K.S. Puttaswamy v. Union of India paved the way for protection of privacy including informational privacy by granting fundamental rights status to privacy rights. The Personal Data Protection Bill, 2019 (“PDPB”) aims to protect privacy by establishing a mechanism to regulate and control the processing of personal data. The…

1. Introduction The current COVID-19 pandemic has brought to the frontline many national law and policy issues, from the importance of national health systems to work security. Similarly, in the international arena the outbreak of COVID-19 has shown the fragility of global supply chains and global cooperation.[1] While appeals not to destroy supply chains abound,…

Introduction The novel Covid-19 is spreading expeditiously through China and resultantly, U.S. and Australia have imposed a ban on travellers who have been through China in light of its safety and security concerns. WTO primarily regulates the goods and services and not the movement of persons however there is an increased probability of imposition of…

Whilst the EU-UK trade negotiations have barely commenced, one thing is already quite clear: the two sides are poles apart on the key issue of level playing field (LPF) provisions and the extent to which these should feature in a future EU-UK free trade agreement.  The aim of these provisions, as originally set out in…

The High Court decision on the tariff classification of ‘Vita gummies’ and ‘Garcinia weight-loss preparation’.  We have previously written at length on decisions of the Administrative Appeals Tribunal (AAT), or State or Federal Courts on the classification of goods for customs purposes. The classification of goods is a vital process as many things follow from…

The full text of the US-China Phase One Deal, officially titled ‘Economic and Trade Agreement between the Government of the United States of America and the Government of the People’s Republic of China’, was released on 15 January 2020. This 96-page agreement includes seven major chapters which cover the following matters respectively: (1) intellectual property,…

I am not going to get involved in the discussions that have followed the blog post by Jorge Miranda and Manual Sanchez-Miranda, or even to speculate on what is likely to happen after December 10th when the World Trade Organization (WTO) no longer has a functioning Appellate Body.  Instead, I want to reflect briefly on…

The decision of the Victorian County Court in Technology Swiss Pty Ltd and Ecology SRL v Famous Pacific Shipping Pty Ltd which was delivered on 30 September 2019 and published on 13 November 2019 has already received some attention and commentary within industry. Much of the attention has focussed on one of the outcomes of the decision…

For part I of this article, click here. I. Allegation Regarding Creation of Law: Lust? Now, to tackle head on the main argument of the authors: that the AB creates law when it has no business to do so.  But, we ask: who is to blame? The WTO agreements as a whole (not just with…

Introduction Initially, we were unsure whether or not we should get embroiled in discussions flowing from the provocative three-part blog post by Jorge Miranda and Manuel Sánchez-Miranda (“authors”) on the topic of the World Trade Organization (“WTO”) Appellate Body’s (“AB”) current crisis.[1]  The main argument of those authors was that the crisis is “in large…

Introduction The recent WTO Panel report in India-Export Related Measures (DS541) has significant implications for various export promotion schemes implemented by WTO Members. In this case, the United States challenged certain schemes implemented by India under the Foreign Trade Policy. These included the Export Oriented Unit (EOU) Scheme and Sector-Specific Schemes, Merchandise Exports from India…

In Part I of this post we introduce the subject and provide a first example of problematic AB findings. In Part II we discuss two additional examples. In this Part III we explain how the AB adopted an approach to creating case law that is “super hardline” as compared to how case law is created…

In Part I of this post we introduce the subject and provide a first example of problematic AB findings. In this Part II we discuss two additional examples. In Part III we explain how the AB adopted an approach to creating case law that is “super hardline” as compared to how case law is created…

The WTO dispute settlement system runs a serious risk of regressing by year end into the conditions that prevailed in the GATT era. The difference between the GATT and the WTO formulations of dispute settlement is gigantic. Under the GATT, compliance by the defendant with dispute settlement findings was, in practice, voluntary; under the WTO,…

The term seems to have first arisen in the early 1990s with reference to an ‘open distributed ledger that can record transactions between two parties efficiently and in a verifiable and permanent way’ and was developed to serve as a ‘public transaction ledger’ for the bitcoin cryptocurrency. Of course, blockchain no longer exists solely as…

The magnitude and success of 21st Century international trade would have been impossible without containerization and the long-haul container ship. Intriguingly, the innovation emerged not so long ago: Malcolm McLean made inter-modal transport with standardized containers a reality in the mid-1950s. Today, approximately 90 percent of international trade transport is done by container ship. The…

The recent second Belt and Road Forum for International Cooperation (BRI) in Beijing received overwhelming attention and participation from heads of States and governments from 37 countries representing Central Asia, South Asia, ASEAN, Europe, Central Asia, Africa, the Middle East, and South America. This overwhelming response came in spite of criticism from the US and a…

Please find below the abstract of “Brexit Trade Impacts’ and Mercosur’s Negotiations with Europe” by Julio J. Nogués, published in Journal of World Trade, Issue 3, Volume 53 (2019) edited by Edwin Vermulst. We estimate that a hard Brexit (HB) would reduce UK agro-industrial-imports from the EU by around 50%. Following the dismantling of the…