There have long been allegations that importers and their service providers here and overseas have been engaged (knowingly or innocently) in “circumventing” existing measures otherwise payable on imported goods. For some time, importers and their service providers have faced action by the Department of Home Affairs (DoHA) and Australian Border Force (ABF) in relation to…

In addition to many other tobacco control measures that have sharply reduced smoking within its borders, Australia in 2011 became the first country to adopt a tobacco plain packaging law. Intended to reduce smoking, especially among young people, the law requires tobacco packs to be sold without attractive designs, logos, and colors, and with health…

This the sixth post in a series of posts commenting on the NAFTA renegotiation process. For Part I click here, for Part II click here, for Part III click here, for Part IV click here, for Part V click here. The terms of the bilateral agreement reached by the United States and Mexico on August 27, 2018, as…

This the fifth post in a series of posts commenting on the NAFTA renegotiation process. For Part I click here, for Part II click here, for Part III click here, for Part IV click here. On August 27, the United States and Mexico announced having reached a preliminary agreement regarding the terms under which they would conclude…

As the deadline for Brexit is fast approaching, the UK government published guidance setting out the consequences of a No Deal with the European Union on its exit on 29 March 2019. While the announcement emphasised the priority to reach a deal with the EU, the government sought to provide advice to business and citizens…

Please find below the journal abstract of  “Constitutionalizing Labour Rights: Informal Homeworkers in Global Value Chains” by Marlese von Broembsen, published in International Journal of Comparative Labour Law and Industrial Relations, Issue 3, Volume 34, 2018 edited by Guy Davidov. This article analyses, from a constitutionalism perspective, the ubiquitous ‘due-diligence human rights framework’ that aims to hold multi-national…

The idea of facilitating secure and compliant trade underpins many international agreements such as the WTO Trade Facilitation Agreement (TFA) and WCO Safe Framework of Standards (SAFE) and is reflected in many “Authorised Economic Operator” programmes such as our own Australian Trusted Trader Programme (ATTP). Government and its agencies also provide further assistance to those…

Is the Commission stricter than the IAAF? The European Athletics Championships finished this Sunday. Some athletes “jumped the gun” by beginning a race before the official signal was given. Those athletes might debate with a referee whether they actually left before the starting shot or not, but no doubt they all know exactly what gun-jumping…

Australia passes espionage, foreign interference, foreign influence and critical infrastructure security laws. The concept of attempting to influence elected representatives, Governments and their agencies has been taking place forever – well at least as long as we have had these types of institutions. Seeking to influence the agenda The nature of the influence has changed…

In 1997, Fareed Zakaria wrote of illiberal democracies. His concern centred around the freedoms (such as speech, assembly, religion, property) that Zakaria termed ‘constitutional liberalism’. These natural rights held by human beings were to be respected by government. Illiberal democracies casually ignore constitutional limitations and undercut the aforementioned ‘basic’ rights. Zakaria’s observation has offered insight for…

On April 19, 2018, the European Court of Justice (“ECJ”) delivered a judgment dealing with the notions of abusive discrimination and competitive advantage under Article 102(2)(c) TFEU. The case concerned abusive price discrimination by a dominant company, between two customers competing in a downstream market (so-called non-exclusionary abusive discrimination). While ostensibly attempting to adapt the…

The complexities of the Brexit process are highlighting many divisions in UK law and politics, not least in the UK Parliament itself, as it seeks to legislate in order to supply the necessary legal foundations that provide for Brexit. Having successfully enacted the European Union (Withdrawal) Act 2018,[1] which received Royal Assent on 26 June…

Please find below the abstract of “The Consequences of the Brexit Vote on Management Attitudes to Recruitment in the Hospitality Industry” by Katy Ferris, Derek Cameron, Andrew Jenkins & James Marson, published in Business Law Review, issue 4, 2018 edited by Lisa Zoltowska   This article investigates the perceptions of managers in the hospitality industry…

The Independent Workers’ Union of Great Britain (IWGB) submitted an application to the Central Arbitration Committee (CAC) in order to be recognized for collective bargaining in North London. In November 2017, the CAC’s decision denied the “Roos” the right to negotiate their working conditions to the following extent: they are not workers. The reasoning developed…

We wanted to draw your attention to some interesting articles on Regulatory Innovation on Decent Work for Domestic Workers in the Light of International Labour Organization Convention No. 189 that appeared in International Journal of Comparative Labour Law and Industrial Relations Volume 34, issue 3, 2018, edited by Guy Davidov.   Adelle Blackett, Introduction (2018) 34, Issue 2,…

Please find below the abstract of “Brexit: Trade Governance and Legal Implications for Third Countries” by Martín Molinuevo, published in Journal of World Trade, issue 4, 2018 edited by Edwin Vermulst   The impact of Brexit on the trade relations of EU/UK with third countries is likely to entail an extensive process of amendment to…

The Europa Institute of Leiden University is sixty years old. It was established in 1957, the year in which the Treaty establishing the European Economic Community was signed in Rome. To mark this 60th anniversary, a two-day lustrum conference was held in the Academic Building of the University of Leiden on 30 November and 1 December…

Transportation surpassed electricity production in the United States in 2016 to become the country’s largest source of greenhouse gas (GHG) emissions at 28.5 percent of the total. Approximately 60 percent of U.S. transportation-related GHG emissions are caused by light-duty vehicles (LDVs), which chiefly consist of gasoline-powered passenger cars and light-duty trucks, including sport utility vehicles,…

The evolution in understanding privacy and personal data Visitors to major cities will become familiar with colour coding of the various means of transportation: for example, yellow cabs in New York; black cabs in London. Supplanting these colourful vehicles are alternatives to the regulated taxi industry, such as Uber or Lyft. The present contribution focuses…

Amidst the chaos created by “disTrumption”[1] globalization rolls on and international business pursues TESCM, or tax efficient supply chain management. What does this mean for trade and customs? TESCM arises from the OECD BEPS (base erosion and profit shifting)[2] initiative and will continue to drive multinational tax planning. The OECD effort is creating a restructuring…