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…
Between a rock (trade wars) and a hard place (U.S. critiques), the WTO Appellate Body has been passing through some turbulent times. Due to the paralysis of the Appellate Body, the European Union (EU) and some other twenty countries have agreed on an arrangement, known as the Multiparty Interim Appeal Arbitration Arrangement (MPIA), which allows…
From an EU social and labour policy perspective, 2020 started off on the right foot. In mid-January, the Commission presented its Communication on “A Strong Social Europe for A Just Transition”. In the Communication, the Commission’s priorities (the European Green Deal and the digitalization agenda) appeared to be intertwined with the commitment to promote fairness…
Positioning for a new economic start A popular cultural reference point for the Latin phrase carpe diem has been the film Dead Poets Society, starring the late Robin Williams. In this movie, the English teacher, portrayed by Williams, uses this Latin phrase at the opening of his first class with his students. The scene from…
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:…
As the COVID-19 pandemic engulfs the world, requiring an unprecedented and, as of yet, unforthcoming global response, the idea of Brexit, the sheer self-indulgence and chicanery of Brexit, has quickly become remote from the minds of policy makers and peoples alike. Nevertheless, with negotiations on ‘forging a new partnership’ between the EU and the UK…
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…
Foodora Leaves Canada The pandemic of 2020 is a demarcation point that will take some time to understand. In the midst of such profound changes to daily life, labour law remains one background to these challenges. After its riders in the Canadian province of Ontario won a challenge to their union certification on 28 February…
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…
Jeremias Adams-Prassl, Antonio Aloisi, Nicola Countouris, Valerio De Stefano In late April 2020, the Court of Justice of the EU handed down an order in response to a request for a preliminary ruling on working time protection from a UK employment tribunal. The case dealt with the distinction between genuine self-employed persons excluded from…
The devastating effects of COVID-19 on national healthcare systems and the economy worldwide have unveiled the shortcomings of efficiency driven policies and the drawbacks of globalization. But before one can stop, wonder, assess and decide how to improve the ability to react promptly to future pandemic threats and how to ensure adequate stocks of personal…
Nowadays, important decisions, previously left to humans, are delegated to algorithms, which may advise, if not decide, how personal data should be interpreted and what actions should be taken as a result. Business models driven by personal data or at least supported by processing of such data have become the rule and not the exception….
The year 2020 will be known forever as a historic breaking point. The corona crisis poses unprecedented challenges for policymakers, businesses and citizens around the world. Mankind is, as it were, being forced to adapt to these new living conditions in the very short term. They imply not only a new lifestyle, but also a…
The worldwide and fast spread of the corona virus and the Covid-19 disease gave momentum to homework for workers having office jobs. While information and communications technology allows workers to be available for work 24/7 the – mostly – abrupt decision of employers to put their staff on teleworking from home creates legal and practical…
Liberty is an essential part of life. Globalization has provided us with the freedom to move from nation to nation with ease, travelling widely. COVID-19 has had an unquestionably dramatic effect on the liberty of the global population to do so. So far, approximately 2.5 billion people have now been put into a form of…
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,…
