Trade Law

Trade Law is a broad term used to refer to the package of laws that regulates international trade, including cross-border movement of goods, services, and even investment. It includes not only import-related laws such as customs and antidumping, but also export-related laws, at the national level and the international level, such as the laws administered by the WTO, UN sanctions, and dual use export controls under the Wassenaar Arrangement, the Australia Group, and others.

Climate, General Agreement on Tariffs and Trade (GATT), Processes or production methods (PPMs), Trade Law, WTO

(S.Noël Law Office (Geneva), member of the Global Trade & Customs Journal Editorial Board)/ /Leave a comment

2. The implications of the status quo for non-product related PPMs measures The issue of the assessment of non-product-related PPMs measures under the GATT is critical for climate policies and trade. As noted in Part 1, WTO Members wishing to implement non-product related PPMs measures will likely be blamed for infringing WTO law, regardless of…

Climate, General Agreement on Tariffs and Trade (GATT), Processes or production methods (PPMs), Trade Law, WTO

(S.Noël Law Office (Geneva), member of the Global Trade & Customs Journal Editorial Board)/ /Leave a comment

Processes or production methods (PPMs) of goods are connected to many environmental crises the world is facing. The most notable in this respect are PPMs leading to greenhouse gas (GHG) emissions. Naturally, many of the measures of environmental protection that are increasingly taken or under consideration by governments (especially those taken to comply with their…

CBAM Resolution, Climate, EU, Trade Law, WTO

, (Centre for Trade and Investment Law, New Delhi)/ /Leave a comment

Striving to become the first climate neutral continent globally, the European Union announced the European Green Deal to decouple economic growth from resource use with just and inclusive transition. With the aim to reduce greenhouse gas emissions (GHGs) by at least 55% by 2030, an Open, Sustainable and Assertive Trade Strategy was communicated by the…

EU, International Centre for Settlement of Investment Disputes, Investment Court System, New York Convention, Trade Law

, (Reed Smith LLP)/ /Leave a comment

EU Investment Court System The Investment Court System (“ICS”) included in the European Union (“EU”)’s recent investment and trade agreements with Canada, Singapore, Vietnam and Mexico (together, the “EU Agreements”)[1]EU–Canada Comprehensive Economic and Trade Agreement (“CETA”), EU–Singapore Investment Protection Agreement (“IPA”), EU–Vietnam IPA, and revised EU–Mexico Global Agreement. provides for the creation of a permanent…

General Agreement on Tariffs and Trade (GATT), Trade Law, USA, WTO

(Department of Public Management at Harz University/Germany)/ /Leave a comment

Is there any practical value to international agreements without enforcement instruments? And can the multilateral rules of the world trade system hold the trust of the member states, so that they continue to adhere to the mutual benefits and obligations under WTO law – even if the WTO dispute settlement system is totally or even…

Sustainability, Trade Law, WTO

(Permanent Representative of France to the WTO)/ /Leave a comment

Click here for Part I Blowin’ in the wind. (Or the failed promises of the WTO’s Sustainable Development Agenda) The trumpets of Sustainable Development blew heartily at the creation of the WTO, which succeeded the GATT in 1994, just two years after the Rio Summit. For starters, The Marrakech Agreement establishing the WTO[1] explicitly listed…

Sustainability, Trade Law, WTO

(Permanent Representative of France to the WTO)/ /Leave a comment

At the end of 2020, the long overdue conclusion of the fisheries subsidies negotiation was once again postponed in the WTO. Any reasonable observer would have long ago concluded that the environment was the “the lost cause” in this organisation. Reasons to think so are many. Yet there are also strong grounds to believe the…

Japan, South Korea, Trade Law, Treaty

(Graduate of UCLA School of Law)/ /Leave a comment

On January 8, 2021, a South Korean district court ordered the Japanese government to pay compensation to a group of former “comfort women (慰安婦),” also known as victims of sexual slavery by the Imperial Japanese Army before and during World War II. The court denied sovereign immunity to Japan and ruled that the Treaty on…

Brexit, EU Law, Labor Law, Trade Law, Treaty, UK

(Courts Service of Ireland)/ /Leave a comment

In two previous blog posts (one here on this blog and an earlier one on EU Law Analysis) I pre-emptively commented on the possible legal construction of professional qualification recognition post-Brexit. Now that the EU-UK Trade and Cooperation Agreement has been published, it is appropriate to describe and critically reflect upon the actual legal construction…

China, Trade Law, USA, WTO

(Crowell & Moring) and (Crowell & Moring International)/ /Leave a comment

President-elect Biden’s victory has been met with relief by many in the international trade community. Despite a plethora of obstacles he faces, Biden is expected to conduct U.S. international trade policy in a different way, including the use of multilateral approaches rather than “going it alone,” diplomacy instead of taunts and insults, collaboration not flying…

EU Law, Labor Law, Trade Law

(Courts Service of Ireland)/ /Leave a comment

Introduction In an earlier post on this blog (here), I commenced my analysis of the recognition of professional qualifications of migrants at work in the EU by describing and reflecting upon those provisions of EU migration and asylum law governing such recognition. In this blog post, I complete my analysis of qualification recognition by describing…

EU Law, Free Trade Agreement, human rights, Labor Law, Trade Law

(Courts Service of Ireland)/ /Leave a comment

Introduction In two blog posts (here, here) I have commented on the recognition of professional qualifications between the EU and UK post-Brexit. Yet to be described and reflected upon, however, is the more general scheme of legal regulation of the recognition of professional qualifications which applies to third-country nationals coming to the EU, be they…

Joint Initiative approach, Trade Law, WTO

, (Centre for Trade and Investment Law, New Delhi)/ /Leave a comment

In the aftermath of the Eleventh WTO Ministerial Conference held at Buenos Aires in December 2017, four groups of WTO Members launched negotiations, agreeing to advance discussions on four vital trade issues – investment facilitation, domestic regulations in services, electronic-commerce (E-Commerce), and micro, small and medium-sized enterprises (MSMEs). These joint initiatives were launched through independent…

China, EU, EU Law, Trade Law

(State University of Milan)/ /Leave a comment

Introduction The European Union (EU) and China signed a bilateral agreement for the reciprocal protection of Geographical Indications (GIs) against usurpation and imitation.[1]On 23 November 2020, the Council adopted a decision on the conclusion of the agreement between the EU and the government of the People’s Republic of China on GIs, namely the Agreement between…

China, Cybersecurity, EU, EU Law, Trade Law, WTO

, (VVGB Advocaten/Avocats)/ /Leave a comment

1. Introduction On 20 October 2020, the Swedish Post and Telecom Authority (“PTS”) decided to approve Hi3G Access AB, Net4Mobility HB, Telia Sverige AB and Teracom AB as participants in auction proceedings regarding the granting of licenses to use radio transmitters in the frequency bands 3,5 GHz and 2,3 GHz.  In laying down the requirements…

China, Free Trade Agreement, Trade Law, USA, WTO

(Crowell & Moring)/ /Leave a comment

President-elect Biden’s victory has been met with relief by many in the international trade community. Despite expected obstacles he faces, Biden is expected to conduct U.S. international trade policy in a different way, including the use of multilateral approaches rather than “going it alone,” diplomacy instead of taunts and insults, collaboration not flying “solo,” and…

General Agreement of Trade in Services (GATS), India, Social Media, Trade Law, WTO

(National Law University Jodhpur) and (NALSAR University of Law)/ /Leave a comment

India imposed a ban on 247 Chinese mobile application including TikTok, PubG, Helo, and WeChat on the basis that these applications are involved in activities which are detrimental to the sovereignty and security of India. The Government stated that it has received complaints from many sources regarding the misuse of these apps to steal and…

Free Trade Zones, Special Economic Zones, Trade Law

, (Centre for Trade and Investment Law, New Delhi)/ /1 Comment

Introduction Free Trade Zones and Special Economic Zones (‘zones’) have a unique character in international law. They are very much part of the geographical territory of a sovereign State. At the same time, they are deemed to be generally outside the customs territory. Such a unique character of these zones has been successfully used by…

Multi-Party Interim Appeal Arbitration Arrangement (MPIA), Trade Law, WTO

(Pontificia Universidad Católica del Perú and Universidad Peruana de Ciencias Aplicadas)/ /Leave a comment

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…