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.
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…
Some readers will recall the final scenes of the original Jaws movie when the captain of the shark hunting vessel (Robert Shaw) finally sees the size of the monster shark and loudly announces “You’re gonna need a bigger boat” (and is then eaten by the shark). Much of Government and its agencies are explained by…
Please find below the journal abstract of “Brexit from a WTO/GATS Perspective: Towards an Easy Divorce?” by Rudolf Adlung, published in Journal of World Trade, Issue 5, Volume 52, 2018 edited by Edwin Vermulst. Virtually all studies dealing with the WTO-related aspects of Brexit, the United Kingdom’s (UK’s) envisaged separation from the European Union, tend to…
This the seventh 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, for Part VI click here. The United States and Canada are continuing their meetings this week to try…
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…
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…
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…
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…
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 “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…
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…
Licensed premises authorised to hold goods ‘under customs control’ face a number of noteworthy challenges: the licensing regime is rigorous, setting high standards on applicants to operate premises and those employed in the premises and business; the ongoing compliance obligations are time-consuming and difficult, including, reporting of the movements of people and goods at the…
How to prepare to comply From 1 July 2018 food businesses must comply with labelling requirements set out by the Australian Government which aim to provide consumers with greater transparency on the origin of their food. First introduced on 1 July 2016 as the Country of Origin Food Labelling Information Standard 2016 (Standard) the implementation of the Standard…
We wanted to draw your attention to some interesting articles about the topics of the Regulating for Globalization blog that appeared in the Global Trade and Customs Journal in 2018 so far: Martijn Schippers, ‘A Series of Sales: Determining the Customs Value Under the Union Customs Code’ (2018) 13, Issue 2 New customs legislation – the Union…
We wanted to draw your attention to some interesting articles on Women in Trade that appeared in the Global Trade and Customs Journal in 2017: Arancha Gonzalez, ‘Making the Case for Trade in the XXI Century’ (2017) 12, Issue 11/12 Eva Valle Lagares, ‘Trade from the Trenches: Negotiating in Practice’ (2017) 12, Issue 11/12 The Transatlantic Trade and Investment…
We wanted to draw your attention to some interesting articles about the topics of the Regulating for Globalization blog that appeared in the Global Trade and Customs Journal in 2017: Lorand Bartels, ‘The UK’s WTO Schedules’ (2017) 12, Issue 3 This article argues that the EU’s GATT and GATS schedules are binding on the UK in its…
There was legal mention recently about how the 2017 Tax Cuts and Jobs Act (TCJA) had increased the difficulty for business to deduct environmental litigation expenses (e.g., property remediation expenses or compliance costs) incurred incident to a U.S. Department of Justice Environmental and Natural Resources Department (DOJ-ENRD)-initiated enforcement action. The inability of a business to deduct expenses incurred…
