Please find below the journal abstract of “The New Politics of Time” by Emily Rose published in International Journal of Comparative Labour Law and Industrial Relations, Issue 4, Volume 34 (2018) edited by Guy Davidov. New forms of temporal contestation are taking place in the world of work. UK employers are requiring from workers…
The European Union (EU) has been a successful experiment. It has helped to keep the peace in Europe after the horrors of two 20th century world wars; promoted democracy; established good governance standards; and expanded trade. Recent years, however, have been unkind to the EU project due to bad decisions and bad luck. First, the…
A recent ruling about electronic invoicing talks about the risks of collecting very large volumes of data under the EU’s General Data Protection Regulation (“GDPR”). For the first time, the Italian Data Protection Authority (“DPA”) used the general warning powers granted by the GDPR. It did so to prevent the National Revenue Agency from interfering too much with citizens’…
Free trade agreements (FTAs) are contractual obligations between the parties to reduce or eliminate tariffs on imports and reduce/eliminate trade restrictions in a wide array of economic sectors and services.[1] The goals of FTAs are to promote cross-border trade and investment and provide a stimulus to the economy of the trade partners. FTAs arise from…
The last couple of years have been momentous for platform work, with stories hitting the lines of major newspapers at least weakly, litigation sparkling globally and platform workers organising all around the world. It can be said that the curtain of invisibility initially surrounding platform workers has been lifted, at least partially. It is more…
One of the essential elements of good regulation is the need for clear contemporary supporting legislation and associated regulation. That need has underscored new legislation in Australia (the Biosecurity Act 2015) and in New Zealand (the Customs and Excise Act 2018). In the former case, the Biosecurity legislation succeeded the Quarantine Act 1908 and in the latter case, it…
I have been working with the Customs Brokers and Forwarders Council of Australia (CBFCA) to develop guidance material and host legal forums on the introduction of the Trans-Pacific Partnership (TPP-11), a free trade agreement that comes into play from 30 December 2018. Similarly to China-Australia Free Trade Agreement (ChAFTA), the TPP-11 will come with many…
Please find below the journal abstract of “VAT and Brexit: The Past, Present and Future” by Jeremy Cape, published in EC Tax Review, Volume 27, Issue 6, edited by B. J. Kiekebeld Exact science rarely emerges during times of febrile political discourse such as that currently revolving around the withdrawal of the UK from the EU….
The employment status of platform workers has been the subject of extensive litigation in the last couple of years. In many parts of the world, these workers have tried to obtain reclassification as employees in court. In a previous blog, I have highlighted how far too often the workers’ claims have been rejected on the…
Please find below the journal abstract of “Brexit and the Common Law Constitution” by Gordon Anthony published in European Public Law Issue 4, Volume 24, 2018 edited by Patrick Birkinshaw. This article considers the implications that Brexit holds for the UK’s ‘common law constitution’ – the body of principles and norms that the courts have developed in case law…
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…
Source: M People, Moving on Up music video. Copyright 1993 Sony Music BMG I. Introduction “You’ve done me wrong, your time is up You took a sip from the devil’s cup You broke my heart, there’s no way back Move right out of here, baby, go on pack your bags” M People, ‘Moving on Up’…
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…
TPP 11 Good news for all that 6 countries have ratified the commencement of TPP 11 which is the magic number to allow the agreement to commence (for those countries which have ratified the Agreement) Current projections would have the TPP 11 coming into effect on 30 December which would allow for a tariff reduction…
What might happen to the UK’s VAT system after Brexit? Value Added Tax is held up as the paradigmatic example of the process of harmonisation of tax law in the EU. Even in such a famous tax harmonisation example as this, there is still scope for differences in its implementation between Member States. The UK…
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…
While most of the Australian population (and its media) are fixated on the Royal visit or the AFL player trade, those in the industry have had a similar level of interest in the movement towards Australian domestic ratification of the Trans Pacific Partnership (TPP-11) (aka the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)) and…
Source: https://www.reuters.com The legal position of the UK within the WTO is not in doubt: the UK has always been a full Member of the WTO and will remain so post-Brexit – the problem lies in determining the exact terms and conditions of its membership. It is unlikely that any issues will arise regarding the…
A SENIOR trade lawyer says the Trans-Pacific Partnership still will be subject to a transparent review process before being implemented by the government. The Maritime Union National Council recently passed a resolution describing the TPP-11 as enabling corporations to seek “unfettered access to Australian government contracts” and something that would “destroy Australian jobs”. Partner for…
The networked society as a new landscape for obligations The neighbour principle On 26 May 1932, the UK’s House of Lords, released its decision in Donoghue v Stevenson. This decision has been influential for tort law in the common law world. Often referred to in less austere terms such as the ‘snail in the bottle…
