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…
This article was first published by Air Cargo. On occasion, life has a habit of appearing to imitate art. Both Beckett’s ‘Waiting for Godot’ and Kafka’s ‘The Castle’ are now widely being considered as contemporary literary representations of the UK’s tortured Brexit process. Both works are underpinned by the themes of frustration and absurdity, with the…
5G is the most advanced technology in mobile communications. In fall 2018, at the forefront in Europe, Italy arranged a successful multi-billion euro auction for 5G spectrum. On the side, the administration allowed a few operators to convert old WiMax licenses to 5G usage, for a few million euro. A legal battle arose. In November…
Policy actors and broad societal and scientific movements from around the world call for action in order to address the problem of climate change. The urgency is beyond doubt. But labour law scholarship, so far and largely speaking, still ignores or barely touches the subject. Furthermore, labour law has not yet developed a real strategy…
The ‘digital agricultural revolution’ and ambitions for technology in the workplace Industry 4.0. This is the name used by the European Parliament in 2015 to describe the convergence of changes in a variety of areas, including ‘the design, manufacture, operation and service of manufacturing systems and products.’ The 4.0 in Industry 4.0 denotes the ‘fourth…
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…
This article was first published by Daily Cargo News. As much of Australia’s focus was taken by the Melbourne Cup carnival, the leaders of 15 of the 16 nations negotiating the Regional Comprehensive Economic Partnership (RCEP) announced the conclusion of ‘text-based’ negotiations with formal signing now expected in 2020. The announcement was made during the third RCEP summit…
This article was first published by Daily Cargo News. The Australian Trusted Trader Programme (ATTP) is one of the lead offerings of the Australian Border Force (ABF) and represents an example of how industry and government can work closely together to co-develop a program which has largely delivered on its intended outcomes and is actively supported…
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,…
In its judgement of 17 October 2019, in the case of López Ribalda v. Spain, the Grand Chamber Applications nos. 1874/13 and 8567/13) of the European Court of Human Rights (ECtHR) revised the former judgement of the third section of the court. The Court now held that video surveillance of workers did not violate the right to privacy…
In cooperation with the Delegation of the Emilia Romagna Region to the European Union, the Marco Biagi Foundation (University of Modena) organized a conference on “Employment and Jobs beyond 2020: Challenges and Perspectives for the European Union” in Brussels on 10 October 2019. In my presentation, I was invited to focus on “Informal employment”. The…
In a series of posts on this blog, I have emphasised the centrality of skills to work. I have identified skills’ recognition as vital in facilitating access to and participation in the labour market. I have noted the importance of education and training in preparing people for work. And I have identified the role which…
On 8 October 2019, Margrethe Vestager passed the test and has been approved by the European Parliament (Parliament) to become the new European Commission’s (Commission) Executive Vice President for digital and commissioner for competition. The European Parliament is due to vote on the proposed College of Commissioners as a whole on 23 October 2019. If…
In 1890, Warren and Brandeis defined the right to privacy as ‘the right to be let alone’ (4 Harvard Law Review, 93-220). What if we apply this in a modern work context? In light of automation and new technologies in the work environment, the right to privacy has become part of the labour law language….
In a series of earlier entries on this blog, I have argued that all human activity is skilled; work involves the productive use of one’s skills; the most fundamental right in relation to work must be the right to work; an important derivative right thereof is the right to have one’s skills recognised; and the…
Thinking positively ‘Do or die’, the UK will leave the EU by end of October 2019. Since assuming the role of Prime Minister, Boris Johnson has made a number of spending commitments including: £1.85 billion for hospital upgrades and equipment, 20,000 more police officers by 2022, more money for schools, and raising the higher tax…
This post constitutes the latest in a series of blog posts reflecting on the skilled nature of work. In previous posts, I have argued that work is best characterised as skilled productive activity; that the right to work must be understood as the most fundamental right relating to work; and that an important derivative right…
