International Trade Regulation Research Articles

RESOLVING TRADE DISPUTES IN A GLOBALIZED WORLD: THE EFFICACY AND CHALLENGES OF THE WTO DISPUTE SETTLEMENT MECHANISM

The World Trade Organization (WTO) stands at the heart of global trade governance, providing a framework for the liberalization and regulation of international trade. Central to its mandate is the Dispute Settlement Mechanism (DSM), which ensures that trade rules are respected and disputes are resolved in a structured, legal manner. This mechanism, often described as the "crown jewel" of the WTO, underpins the organization's credibility and facilitates a rules-based trading system. Yet, as international trade becomes increasingly complex, the WTO DSM faces significant challenges, necessitating a comprehensive reevaluation of its operations, relevance, and adaptability.

Agroterrorism: Assessing the Growing Threat to Global Food Security and Economic Stability

Agroterrorism, the deliberate introduction of harmful agents into agriculture to cause disease and economic damage, poses a growing threat to global food security and economic stability. Motivated by deep-seated conflicts and often perpetrated by both state and non-state actors, agroterrorism targets livestock, crops and water supplies, aiming to destabilize economies and social systems. Historical incidents, such as the mercury contamination of Jaffa oranges and cyanide-tainted grapes, underscore its severe impact. Recent concerns, intensified by advancements in biotechnology and increasing global trade, highlight the vulnerability of agriculture to such attacks. The potential economic damage from a single agroterrorism incident could reach billions of dollars, exacerbating food shortages and undermining public trust. Effective prevention and preparedness require multi-sectoral cooperation involving law enforcement, agricultural and scientific communities. Strategies include enhancing detection methods, developing biosecurity measures and improving international trade regulations. The World Organization for Animal Health (WOAH) and related organizations advocate for a comprehensive approach to bolster global resilience against agro-crime and agro-terrorism, emphasizing the need for robust preparedness and inter-agency collaboration to mitigate this evolving threat.

Harmonizing innovation and regulation: The EU Artificial Intelligence Act in the international trade context

The European Union's Artificial Intelligence Act focuses on establishing harmonized rules across EU Member States so that AI systems are safe, transparent, and respectful of existing laws and fundamental rights. It introduces a risk-based regulatory approach, classifying AI applications by risk levels and imposing stringent compliance requirements on high-risk applications. The paper critically examines the Act's provisions, including its prohibitions on certain AI practices, requirements for high-risk AI systems, and mandates for transparency and human oversight. The paper examines the implications of the Act for international trade and technological regulation, particularly in the context of the World Trade Organization's Technical Barriers to Trade (TBT) Agreement. It addresses the Act's potential impact on developing countries, highlighting concerns that the Act's uniform standards could potentially exacerbate the digital divide and create barriers in global AI innovation and trade. The paper suggests incorporating flexibility and differential standards in the Act, enhancing technical assistance for developing countries, and advocating the EU's active participation in global standard-setting.

Legal Regulation of International Trade in Cryptographic Products and Technologies: WTO Tools and Regional Agreements

Legal Regulation of International Trade in Cryptographic Products and Technologies: WTO Tools and Regional Agreements

Constitutional Law-making by International Law: The Indigenization of Free Trade Agreements

Abstract New Zealand’s free trade agreements (FTAs) with the European Union and the United Kingdom break new ground by elevating Indigenous customary protocols to a vector in the regulation of international trade. While in the past the focus has been on securing policy space to protect Indigenous rights, this has shifted: Māori, the Indigenous people of Aotearoa New Zealand, have entered the trade arena, and with them their protocols and customs, as a means of enshrining participation rights for Māori, as a touchstone for international cooperation, as a benchmark for reviewing FTAs and as a method of addressing problems ranging from environmental degradation to unsustainable fisheries. Māori are not just another stakeholder; they have a seat at the table, and this article will canvass to what extent. Other countries with an Indigenous population will develop their own paths to better integrate Indigenous peoples in their foreign trade policies. New Zealand presents one notable example.

Cross-border Data Flows: Regulations in international digital trade and China’s solution

Cross-border Data Flows: Regulations in international digital trade and China’s solution

Criminal Law Policy Related to Corporate Criminal Liability in Facing the Challenges of Globalization

The acceptance of corporations as the target of crime, thus raising the issue of criminal policy in the prosecution of corporate crime. There are two main topics in this research, namely (1) how is the current criminal law policy towards criminal liability? (2) How is the criminal policy of criminal liability in the problem of globalization era in review of ius constituendum? The research method uses normative jurisprudence research method with law making, comparison and analysis of legal concepts. The results of the research are: (1) Criminal law does not regulate society as an object of criminal offense has regulated society as an object of crime. (2) economic life between countries is increasingly dependent on each other, therefore international trade regulations are increasingly needed. There used to be a saying that the poorer a country is, the higher the crime is, now the saying only applies to ordinary crimes such as theft, robbery, fraud and embezzlement.

Indonesia Paradox on Plastic Waste Import in International Policy and Social Movement Perspective

Indonesia, recognized as the second largest marine polluter globally, faces a significant environmental crisis despite stringent international policies and vigorous social movements advocating for sustainability. According to data from INAPLAS and BPS, Indonesia generates 64 million tons of plastic waste annually, with 3.2 million tons ending up in the sea. The waste management system in Indonesia is rudimentary, involving basic stages of collection, transportation, and disposal, with processing occurring only at the final destination. Amidst this waste crisis, Indonesia continues to import plastic waste from countries such as the United States, Germany, Australia, and Hong Kong, exacerbating the environmental and health hazards. This paper explores the paradox of plastic waste import in Indonesia, focusing on how international policies, including the Basel Convention and its recent amendments, intersect with local regulations and their enforcement. It also examines the role of social movements in combating plastic waste imports and advocating for environmental sustainability. The central problem addressed is the regulatory and social polemic surrounding waste importation in Indonesia, considering the social, political, and legal dimensions. Employing a conceptual and statute approach, the paper provides a comprehensive analysis of the waste import regulation issues linked to social problems within Indonesian society. It argues that the complexity of international trade, economic incentives, and insufficient regulation enforcement contribute to the paradoxical situation where policies and advocacy efforts seem misaligned with outcomes. The findings offer social and juridical recommendations for the Indonesian government and society to address the waste import dilemma effectively. By aligning policies with environmental goals and leveraging social movements, Indonesia can drive significant change towards sustainable waste management practices.

Discrimination of ivory from extant and extinct elephant species using Raman spectroscopy: A potential non-destructive technique for combating illegal wildlife trade.

The use of elephant ivory as a commodity is a factor in declining elephant populations. Despite recent worldwide elephant ivory trade bans, mammoth ivory trade remains unregulated. This complicates law enforcement efforts, as distinguishing between ivory from extant and extinct species requires costly, destructive and time consuming methods. Elephant and mammoth ivory mainly consists of dentine, a mineralized connective tissue that contains an organic collagenous component and an inorganic component of calcium phosphate minerals, similar in structure to hydroxyapatite crystals. Raman spectroscopy is a non-invasive laser-based technique that has previously been used for the study of bone and mineral chemistry. Ivory and bone have similar biochemical properties, making Raman spectroscopy a promising method for species identification based on ivory. This study aimed to test the hypothesis that it is possible to identify differences in the chemistry of mammoth and elephant ivory using Raman spectroscopy. Mammoth and elephant tusks were obtained from the Natural History Museum in London, UK. Included in this study were eight samples of ivory from Mammuthus primigenius, two samples of carved ivory bangles from Africa (Loxodonta species), and one cross section of a tusk from Elephas maximus. The ivory was scanned using an inVia Raman micro spectrometer equipped with a x50 objective lens and a 785nm laser. Spectra were acquired using line maps and individual spectral points were acquired randomly or at points of interest on all samples. The data was then analysed using principal component analysis (PCA) with use of an in-house MATLAB script. Univariate analysis of peak intensity ratios of phosphate to amide I and III peaks, and carbonate to phosphate peaks showed statistical differences (p<0.0001) in the average peak intensity ratios between Mammuthus primigenius, Loxodonta spp. and Elephas maximus. Full width at half maximum hight (FWHM)analysis of the phosphate peak demonstrated higher crystal maturity of Mammuthus primigenius compared to living elephant species. The results of the study have established that spectra acquired by Raman spectroscopy can be separated into distinct classes through PCA. In conclusion, this study has shown that well-preserved mammoth and elephant ivory has the potential to be characterized using Raman spectroscopy, providing a promising method for species identification. The results of this study will be valuable in developing quick and non-destructive methods for the identification of ivory, which will have direct applications in archaeology and the regulation of international trade.

Review of the distribution, population trends, threats, and conservation options for the endangered Zambezi flapshell turtles (&lt;i&gt;Cycloderma frenatum&lt;/i&gt; Peters, 1854) in range states

The endangered Zambezi flapshell turtle, Cycloderma frenatum Peters, 1854, is endemic to southern and eastern Africa. Habitat ecology and usage are not well known for the Zambezi flapshell turtle, although its population has been reported to have undergone massive declines in recent years. This review examined the i) population trends, ii) habitat range shifts, and iii) threats and conservation options for the Zambezi flapshell turtle in its range states. The species is data deficient because of a lack of assessments of trends in population size and distribution. Trafficking, overfishing, poaching, habitat degradation, and infrastructural developments in riparian zones affect the distribution of the Zambezi flapshell turtle. Conservation options such as deterrent punishments and protection of aquatic habitats are important, although they need to be consistently implemented. Carefully managed harvest plans supported by captive breeding, highly controlled incubation of eggs, hatching of larvae, and remotely sensed tracing of specimens to curb trafficking are potentially effective conservation options for the Zambezi flapshell turtle. Inclusion in international wildlife trade regulations, integration of local ecological knowledge into management, and development of connectivity conservation strategies are priority actions for sustaining the Zambezi flapshell turtle populations across the shared basins where it is endemic.

ROLE AND SIGNIFICANCE OF INSURANCE IN INTERNATIONAL TRADE IN INDIAN CONTEXT

The insurance sector plays a critical role in international trade by providing risk mitigation services and products to businesses engaged in cross-border transactions. The risks associated with international trade can be substantial, ranging from political risks to physical risks, and insurance companies offer a variety of policies to help mitigate these risks. For example, export credit insurance protects exporters from the risk of non-payment by foreign buyers, while political risk insurance provides coverage for losses due to political events such as expropriation or war. Cargo insurance protects goods in transit from physical damage or loss, and marine insurance covers risks specific to transportation by sea. By providing these essential services, the insurance sector helps to facilitate international trade by reducing uncertainty and increasing confidence among businesses. This, in turn, helps to foster economic growth, create jobs, and promote international cooperation and understanding. Insurance companies also provide services such as risk assessment and management, as well as guidance on compliance with international trade regulations. In addition, insurance policies can be customized to meet the specific needs of individual businesses involved in international trade. Overall, the role of the insurance sector in international trade cannot be overstated, as it is a vital component of the global economy and a key enabler of international commerce. The insurance sector plays a vital role in facilitating international trade by providing the necessary protection and support to businesses engaged in cross-border transactions.

INTERNATIONAL LEGAL STATUS OF THE WORLD TRADE ORGANISATION IN THE CONTEXT OF ECONOMIC GLOBALISATION

The subject of the study is the conceptual, theoretical, empirical, methodological and applied foundations of the international legal status of the WTO in the context of economic globalisation. Methodology. General scientific and specific legal methods were used in the research process. With the help of the analysis the quantitative and qualitative characteristics of international trade are determined as a prerequisite for the determination of the international legal status of the WTO in the conditions of economic globalisation. The synthesis ensured the formation of characteristic features of the legal status of the WTO as an international organisation. The comparative legal method allowed to identify the common and distinctive features of international organisations in this area, as well as to clarify the defining aspects of the legal personality of the WTO in the modern international legal field. The formal-legal method created the conditions for formulating conclusions on the effectiveness of the implementation of the legal personality of the WTO in the sphere of ensuring the rules of international trade in the conditions of economic globalisation. The purpose of this article is to identify the characteristics of the international legal status of the WTO under the conditions of economic globalisation. The results of the study showed that the international legal status of the WTO in the conditions of economic globalisation is based on the basic principles of legal regulation of international trade and is mediated by the purpose of activity, legal personality, the order of formation and powers of the governing bodies, principles and procedural aspects of the functioning of this organisation. Conclusion. The international legal status of the WTO in the conditions of economic globalisation is considered from the standpoint of a dichotomous approach to this category from the standpoint of economics and law. Economic preconditions for the introduction of international trade rules in the form of GATT, 1947 and WTO research through the analysis of primarily statistical data of the periods 1947-1948 and 2017-2022, reflected in the consolidated information data of the WTO, as well as the study of individual theoretical considerations of scientists. Statistical indicators show clear signs of globalisation of the world economy, which is mediated by international trade operations, as a result of which the creation of transparent mechanisms for the circulation of goods within the framework of trade activities as a kind of existence of the world community through various static and dynamic legal constructions, among which WOT occupies almost the most significant importance along with other international organisations. The above is demonstrated by the example of the impact of COVID-2019 on international trade, the corresponding reaction to which was the revitalisation of trade processes, primarily in the field of pharmaceutical industry products. The above has covered the main principles of international legal regulation of trade relations at the formal and substantive level, which is carried out at the universal international legal, regional international legal and national levels. In connection with the differentiation of the components of the legal personality of the WTO, the definition of international legal capacity is given as the ability of a subject of international activity to acquire appropriate rights for itself by its own actions and to exercise them independently, as well as to create corresponding obligations for itself by its actions, to fulfil them independently and to bear responsibility in case of their non-fulfilment. In terms of the nature of this organisation, its place among other similar international organisations, in particular those operating within the framework of the UN, was invented by the field of activity, where attention is paid to the predominance of the latter in order to maintain international peace and security. The purpose of the activities of the WTO is to create and ensure international, multilateral, open, based on fair competition and other features inherent to trade in modern society, where the quasi-procedural moment, based on the replacement of a number of bilateral and multilateral agreements, is an external manifestation of such activity. It characterises the original and derivative legal instruments of the WTO's operation, defines the socio-economic and legal purpose of its activities, defines the structure and powers of the WTO's governing bodies, and focuses the organisation's legal personality on the procedural aspect of its activities, in particular through the implementation of relevant principles, among which the principle of maximum contribution plays a leading role.

ANALYZE THE IMPACT OF RISING COUNTRIES IN THE PRESENT GLOBAL CONTEXT: A COMPARATIVE STUDY AMONG CHINA BRAZIL AND INDIA

The US and other highly industrialized states' long-standing domination in the global economy is under challenge from the rise of developing economies like China, India, and Brazil. The global economy is evolving. At the same time, changes have been made to a number of international governance organizations to enhance the major growing economies represented. This article looks at the World Trade Organization, a key structure in the international regulation of trade, and the contributions and impact that Brazil, India, and China have had inside it. These shifts in power, which the rising nations are really influencing greatly, have resulted in the breakdown of multilateralism and the stillbirth of neoliberals at the WTO. There is now a battle between the new and old powers, despite the fact that the new powers are opposing US hegemony rather than the WTO's neoliberal worldview.

Fishing for oil and meat drives irreversible defaunation of deepwater sharks and rays.

The deep ocean is the last natural biodiversity refuge from the reach of human activities. Deepwater sharks and rays are among the most sensitive marine vertebrates to overexploitation. One-third of threatened deepwater sharks are targeted, and half the species targeted for the international liver-oil trade are threatened with extinction. Steep population declines cannot be easily reversed owing to long generation lengths, low recovery potentials, and the near absence of management. Depth and spatial limits to fishing activity could improve conservation when implemented alongside catch regulations, bycatch mitigation, and international trade regulation. Deepwater sharks and rays require immediate trade and fishing regulations to prevent irreversible defaunation and promote recovery of this threatened megafauna group.

New Generation Sustainable Technologies for Soilless Vegetable Production

This review article conducts an in-depth analysis of the role of next-generation technologies in soilless vegetable production, highlighting their groundbreaking potential to revolutionize yield, efficiency, and sustainability. These technologies, such as AI-driven monitoring systems and precision farming methods, offer unparalleled accuracy in monitoring critical variables such as nutrient concentrations and pH levels. However, the paper also addresses the multifaceted challenges that hinder the widespread adoption of these technologies. The high initial investment costs pose a significant barrier, particularly for small- and medium-scale farmers, thereby risking the creation of a technological divide in the industry. Additionally, the technical complexity of these systems demands specialized expertise, potentially exacerbating knowledge gaps among farmers. Other considerations are scrutinized, including data privacy concerns and potential job displacement due to automation. Regulatory challenges, such as international trade regulations and policy frameworks, are discussed, as they may need revision to accommodate these new technologies. The paper concludes by emphasizing that while these sustainable technologies offer transformative benefits, their potential for broad adoption is constrained by a complex interplay of financial, technical, regulatory, and social factors.

РОЛЬ КОНГРЕССА В ФОРМИРОВАНИИ ИРАНСКОГО ВЕКТОРА ВНЕШНЕЙ ПОЛИТИКИ США (НА ПРИМЕРЕ ЯДЕРНОЙ СДЕЛКИ)

This article investigates the role of the U.S. Congress in constructing American foreign policy on Iran by implementing the institutional theory. The author emphasizes the decreased role of the legislative power in U.S. foreign policy decision-making, although the legislative branch has retained such functions as shaping the policies regarding war and peace, oversight of the executive branch, ratification of treaties, and regulation of international trade, including economic sanctions. In particular, Congressional legislative acts on Iran reflect broad bipartisan consensus on the sanctions issue. At the same time, the analysis of Congressional hearings (2009–2023) on the Iran nuclear agreement indicates that the U.S. Democratic Party did not come to a coherent stance on Iran, while the Republican Party’s support for sanctions remained unwavering

Impact of Corruption on the Application of International Trade Law in Nigeria

Corruption has long been a persistent challenge in Nigeria, influencing various sectors, including governance, public administration, and trade. This study investigates how corruption undermines the effective implementation of international trade laws and regulations, leading to inefficiencies, trade distortions, and weakened enforcement mechanisms. The research draws on qualitative and quantitative data to analyze the specific ways in which corrupt practices affect customs procedures, trade facilitation, and the overall regulatory framework. It explores how corruption among government officials, law enforcement agencies, and private sector entities compromises trade integrity, increases transaction costs, and deters foreign investment. The paper highlights the broader implications of corruption on Nigeria’s trade relationships and its ability to comply with international trade obligations. Ultimately, the study ended by providing policy recommendations to enhance transparency, strengthen institutional capacity, and promote good governance in order to improve the effective application of international trade law in Nigeria.

Modernization of state regulation of international trade within the context of Russia’s foreign policy implementation

Modernization of state regulation of international trade within the context of Russia’s foreign policy implementation

Cocoa, livelihoods, and deforestation within the Tridom landscape in the Congo Basin: A spatial analysis.

In the context of emerging international trade regulations on deforestation-free commodities, the drivers of households' deforestation in conservation landscapes are of interest. The role of households' livelihood strategies including cocoa production, and the effects of human-elephant conflict are investigated. Using a unique dataset from a survey of 1035 households in the Tridom landscape in the Congo basin, the spatial autoregressive model shows that: (1) Households imitate the deforestation decisions of their neighbors; (2) A marginally higher income from cocoa production-based livelihood portfolios is associated with six to seven times higher deforestation compared to other livelihood strategies with a significant spillover effect on neighboring households' deforestation. The increase in income, mainly from cocoa production-based livelihoods in open-access systems can have a negative effect on forests. Households with a higher share of auto-consumption are associated with lower deforestation. If economic development brings better market access and lower auto-consumption shares, this is likely to positively influence deforestation. Without proper land use planning/zoning associated with incentives, promoting sustainable agriculture, such as complex cocoa agroforestry systems, may lead to forest degradation and deforestation.

TARIFF REGULATION OF INTERNATIONAL TRADE IN THE XXI CENTURY

Objective. The objective of our study is to analyse the status and peculiarities of tariff regulation of international trade in the XXI century. Methods. The following methods and techniques of cognition were used in the research process: analysis and synthesis, induction and deduction (to substantiate the importance and role of tariff regulation of international and foreign trade in the XXI century, to identify factors influencing the development of international trade), generalisation and systematisation (to substantiate the state and peculiarities of the development of tariff regulation of international trade in the XXI century), analysis of time series (to identify trends and patterns of tariff regulation of international trade in 2006-2022), graphical (for visual representation of the peculiarities of tariff dynamics in WTO countries). Results. The article notes that despite the changes that have taken place in international trade in general and in the system of its regulation in particular, tariff regulation remains the main authorised means of regulating international and external trade. By 2022, international trade is expected to reach USD 30 trillion, with trade in goods, especially manufactured goods, dominating the structure. It is established that one of the aspects of liberalising trade is to reduce or eliminate tariffs. It is noted that the reduction of tariffs is much slower in the period 2006-2021 than in the period 1996-2005. Average applied tariffs in WTO countries for all product groups will decrease from 10.1% in 2006 to 8.9% in 2021; tariffs on agricultural products will be significantly higher than on non-agricultural products (14.8% vs. 8% in 2021); average tariffs applied to all product groups were significantly lower in developed countries than in developing countries and LDCs; average tariffs applied by developed countries decreased by 1.7%, by developing countries by 1.7% and by LDCs by 1.2%; the highest average tariffs were recorded in Africa and the Americas and the lowest in Europe; the share of duty-free goods under the most favoured nation regime in the WTO countries has been steadily increasing; there has been a slight but steady decline in the share of tariff peaks, which are tariffs exceeding 15 per cent; the number of trade agreements, including preferential trade agreements, has been growing steadily, with agreements covering not only trade in goods but also trade in services, etc. According to the analysis of WTO data, in 2022 most WTO countries have an average bound tariff not exceeding 50%; average bound tariffs vary significantly across WTO countries and product groups; average bound tariffs for most WTO countries range from 20-59% for agricultural products, 10-39% for non-agricultural products; average applied tariffs for agricultural products range from 10-19%, up to 10% for non-agricultural products; significant discrepancies between average bound tariffs and average applied tariffs remain; in the majority of WTO countries, ad valorem tariffs dominate the tariff structure; there are significant differences between countries in the number of bound tariffs applied; in the vast majority of WTO countries, MFN tariffs are applied to a large number of products - the number of products subject to MFN tariffs varies between 5000 and 10000.