The European Commission has finally disclosed its intention to challenge the Apple judgement delivered by the General Court on the 15th of July. Although it has been a difficult choice, considering the highly political implications of the matter, the Commission’s resolve is strategically sound as it offers the Court of Justice the possibility to correct the…
Since December of last year, the WTO Appellate Body has been unable to hear new appeals[1]. Some WTO members have created the Multi-Party Interim Appeal Arbitration Arrangement (MPIA). It offers a path forward, but how does it work and what is its future? Who are the MPIA parties? In April, a group of WTO Members…
I. Introduction In Part 1 of this post, we examined the draft amendment to the Polish Act on the National Cybersecurity System [“Polish National Cybersecurity Act”] introduced by the Polish Minister for Digitization on 7 September 2020.[1] We explained that Draft Article 66a of the Polish Act sets out new regulations for the Polish telecommunications…
I. Introduction On 7 September 2020, the Polish Minister for Digitization presented a draft amendment to the Act on the National Cybersecurity System [“Polish National Cybersecurity Act”].[1] Apart from a series of amendments related to cybersecurity issues, the newly introduced Draft Article 66a sets out new regulations applicable in the Polish telecommunications market. The new…
Global trade is slowing at an unprecedented rate, as illustrated in the chart below. This trend had started long before COVID-19 had made its inroads. This may appear surprising as firms are more networked and increasingly rely on global supply chains. In recent times, the efforts for time-bound compact trade deals have received great attention….
The popular video-sharing mobile app TikTok has been in the news of late. President Trump signed an executive order on August 6, banning TikTok unless it is acquired by a U.S. company by September 15th.[1] This order comes on the heels of similar action taken by India, which banned 59 applications owned by companies in…
Introduction Among its countless repercussions, the outbreak of the COVID-19 pandemic had disastrous consequences on the economy, affecting both supply chains and the demand curve in numerous markets. Market conditions changed abruptly due to anti-COVID restrictions and the health emergency caused the demand for numerous products and services to decline, whereas the request for others,…
This file includes the chapter F come Fabbrica. Cipputi, lo Statuto, i diritti dalla catena di montaggio alle app (F for Factory. Blue-collar work, the Workers Statute, 1970, labour rights from the assembly line to the apps), published in the book Lavorare, è una parola. Un alfabeto corale a cinquant’anni dallo Statuto dei lavoratori, edited by…
On 30 June 2020, the Mexican ministry of labor Secretaría del Trabajo y Previsión Social (STPS – Secretary of Labor and Social Protection) issued its report on Public Communication No. MEX 2016-1 under the North American Agreement on Labor Cooperation (NAALC). Better known as the NAFTA labor side agreement, the NAALC was in effect in…
A welcome initiative Pressure has been increasing on businesses to contribute proactively to achieving climate and broader sustainability objectives. Companies consider that such initiatives often require cooperation with others, in order to get such projects successfully off the ground (for example, due to a minimum scale being required and/or due to a first mover disadvantage)….
Covid-19: Long-term vs short-term Assessing the effect of the coronavirus pandemic of 2020 on work and employment will be a long-term endeavour. While much of the emphasis has been on when and how economies may safely re-open, we draw attention to the undervalued workplace considerations therein. We have produced an early assessment of measures taken…
Recent events, most notably the Covid-19 pandemic, have brought home the point as never before how inter-connected and inter-dependent the world that we live in has become, and how vulnerable humans are to nature and natural phenomena, and how fragile human societies and enterprises are in the face of forces and science that are beyond…
During the lockdown, many workers unexpectedly found their normal place of work closed and they were required to start working from home (WFH). As lockdown restrictions are eased, a new scenario arises where employers and workers have to navigate the gradual resumption of activities in the workplace. This blog explores the need for employers to…
On May 12, 2020, the Indian Directorate General of Trade Remedies (‘DGTR’) initiated a new anti-dumping investigation against a specific exporter from Vietnam, Kim Tin MDF Joint Stock Company, for alleged dumping of ‘Plain Medium Density Fibre Boards’. Because this product is already subject to anti-dumping duties in India, the second case is of interest. …
Although politics surrounding the US-China Trade deal are now a bit unstable , the intellectual property (IP) chapter in particular reflects some important principles that may well guide US-China relations regardless; they are important for what they do, and do not, include. Unlike other US trade agreements, the ‘IP Chapter’ appears as the first chapter…
Introduction: The Hardship Clause The outbreak of the COVID-19 pandemic has had (and is still having) a major impact on long term contracts, both at national and supranational level. In Italy, for instance, the emergency has ignited a lively debate on the most appropriate remedy to restore fairness in a contractual relationship where one of…
Introduction The field of digitalisation and privacy at work has received two major European Union initiatives over the last few days. First, on 24 June 2020, the European Commission issued its first report on the evaluation and review of the General Data Protection Regulation (the ‘GDPR’). It officially takes the form of a Communication from…
On 22 April 2020, the U.S. President, Donald Trump, announced a “Proclamation suspending entry of immigrants who present risk to the U.S. Labour Market during the economic recovery following the COVID-19 Outbreak” (“Proclamation”). Is the Proclamation compatible with the United States’ WTO obligations? Specifically, is in line with obligations relating to the supply of services…
Today, global competition obliges companies dealing in international trade to modernize their procedures of delivery to minimize the customs burden and simplify the relationship with customs authorities. Customs planning is as important as ever, to be effective in the worldwide marketplace. Especially after the Covid19 sanitary emergency, there is a strong need to upgrade the…
In a recent US WTO challenge, the Panel decided that certain Indian export incentive schemes were prohibited export subsidies. The Panel Report demands that these schemes be phased out, despite the fact that it will adversely affect exporters and India’s large current account deficit.[1] Developing nations, like India, resort to export subsidies to stimulate industrial…
