Trade Law Research Articles

Study on the Legal Adaptation of Digital Asset Trading and Securities Laws

This thesis discusses the connection between digital asset trading and securities law, and analyzes the role and importance of securities law in digital asset trading. As an emerging market, digital asset trading involves the issues of investor protection, information disclosure, and compliance of trading platforms. Securities law provides legal protection and regulatory framework for digital asset trading by regulating market behavior, protecting investors' rights and interests and maintaining market order. Investors should be aware of local securities laws and comply with compliance requirements to ensure the legality and safety of transactions. Regulators should actively follow up the market development and continuously improve the regulatory mechanism of digital asset trading to promote the healthy development of the market.

Division Construction Government Authority In Law Number 23 of 2014

The concept of the division of government affairs in deconcentrating and co-administration has a long history in Indonesian constitutional records. Amendments to the 1945 Constitution, especially the second amendment concerning the concept and pattern of the division of a government, have indicated that a centralized government would actually pose a threat to disintegration so that strengthening decentralization is not a weakening of Indonesia, but an effort to strengthen it. In other words, the choice to use the concept of autonomy as broadly as possible should be understood as a way to build a just balance between central and regional power relations. One of the issues regarding the constitutionality of regional government that has become a space for academic debate after the issuance of Law No. 23 of 2014 concerning Trade Law relates to the concept of the division of government affairs between government structures. Moving on from the point of view of State Constitutional Law and State Administrative Law, the analysis will be directed at the parameters used to construct the division of authority between government structures based on executive power (Article 4 paragraph (1) of the 1945 Constitution of the Republic of Indonesia) or based on the authority stipulated by the constitution. In another part, Law Number 23 of 2014 has reduced the essence of the concept of deconcentrating which previously was only carried out by the Governor, now it is also carried out by the Regent/Mayor. In such a concept, the problem is how to juxtapose the decentralization method with other methods such as deconcentrating and co-administration and institutionalization of the three principles.

Process of Acquisition to Destination – A Bang on Economic Prudence with Reference to Indian Logistics Industry

The study explores the significance of the logistics industry in the Indian economy and examines its sector-wise impact on economic well-being. It emphasizes how the presence or absence of transport infrastructure significantly influences economic growth and global competitiveness. With globalization expanding its scope, the study addresses the challenges of global logistics, such as trade laws, cultural differences, and the necessity for efficient cross-border transportation networks. Moreover, the research delves into factors driving the growth of the Indian logistics industry. Innovations and developments are seen as pivotal to economic progress, with intelligent logistics and smart transportation playing crucial roles. The Logistics Performance Index (LPI), a benchmarking tool by the World Bank, ranks countries based on logistics performance. In the 2023 report, India achieved an LPI rating of 3.4, securing the 38th position among 139 countries. The study substantiates the factors fueling the logistics industry with statistical evidence, highlighting technological advancements and the integration of IoT-enabled facilities as key drivers. Furthermore, the study discusses strategic initiatives aimed at enhancing India's logistics infrastructure. The PM Gati Shakti initiative seeks to streamline infrastructure development by promoting integrated planning and coordinated implementation across government departments. Concurrently, the National Logistics Policy (NLP) provides a comprehensive framework for the industry's development. Additionally, the Unified Logistics Interface Platform (ULIP) facilitates real-time information exchange among stakeholders, thereby simplifying logistics planning.

The Role Of The Indonesian Government In The Imposition Of Tariffs For Imported & Exported Goods In The Asean Region

This legal research examined the role of the Indonesian government, which is tasked with overseeing the implementation of the import and export tariff system in Indonesia. At this time, with the development of the international market, countries certainly need to tighten their security in order to protect their economic systems by implementing rules that regulate the course of trade, establishing cooperation, and entering into treaties or agreements that will later bind one country to another. The laws that Indonesia has implemented into domestic regulations, such as Law No. 7 of 2014, Law no. 17 of 2006, and Law no. 39 of 2007. This research discussed the impact of implementing the tariff system on Indonesia's export and import trade and current government challenges, such as the development of world globalization, the era of digitalization, and also actions that can be categorized as crimes in the trade sectors. Dumping also occurs in international trade, which can threaten local markets, prompting countries to make agreements to combat dumping practices. The research method used is a normative research method. The approaches used are the Statute Approach and the Analytical Approach, namely, research using legislation, Trade Law Concepts, and also analysis of the implications of Legal principles as a basic reference and analysis of several laws and regulations that regulate this matter.

THE (IN)EFFECTIVENESS OF REQUIRING PRIOR EXHAUSTION OF LOCAL REMEDIES IN INVESTMENT ARBITRATION

The international investment-law regime continues to be mired in a legitimacy crisis that has given rise to important multilateral reform efforts through the United Nations Commission on International Trade Law. A key reform proposal is centred on the introduction of an exhaustion-of-local-remedies requirement. This article critically evaluates the exhaustion-of-local-remedies rule in the context of international investment law, and challenges its interpretation where such clauses already exist in contemporary investment law. The article concludes that investment tribunals have subverted these clauses in various ways, and considers the legal challenges states would need to address to best prevent the subversion of these clauses by investment tribunals in future.

Article: Bidonomics Versus Maganomics: Pick Your Poison

This essay examines the international trade policies of Joseph Biden and Donald Trump, the two presumed candidates for President of the United States in 2024. I first analyse the trade law revolution effected by the Trump presidency, 2017–2021. During these years the Trump administration adopted a protectionist policy rooted in nationalism and populism. As a direct result of Trump administration trade policy there occurred: (1) a significant retreat from globalization; (2) paralysis of the World Trade Organization (WTO); (3) a revival of US unilateralism in trade policy; and (4) the US-China trade war. When Joseph Biden became president in 2021, he did not reverse the Trump trade policies. Declaring his favour of a ‘worker-oriented’ trade policy, the Biden administration defended Trump’s tariff policies while continuing his hostility to both new free trade agreements and the multilateral trading system. Biden’s distinctive addition to Trump’s trade policy is a protectionist industrial policy featuring subsidies and a ‘buy American’ mandate. Despite these similarities, Trump and Biden propose very different international trade policies for 2025 and beyond. Trump intends to adopt across the board protectionist tariffs of at least 10% on all imports and tariffs of at least 60% on all Chinese imports. The former tariffs will provoke numerous tit-for-tat trade wars; the latter tariffs will economically ‘decouple’ China and the United States. Both policies will raise prices and slow global economic growth. On the other hand, Biden eschews new tariffs. American policy will be rooted in industrial subsidies and ‘buy American’ protectionism. Critics of both Trump and Biden propose a ‘third way’ set of international trade policies that avoid protectionism. This ‘third way’ would feature new free trade agreements with Asian- Pacific, European, and Western Hemisphere nations, a revival of multilateralism and the WTO, and a more constructive trade relationship with China.

Perspective Directions of Improvement of Antitrust Provisions of the Trade Law and Certain Related Rules of Trade Activities

The article is devoted to the consideration of promising areas of improvement of antimonopoly antitrust provisions of the Federal Law “On the Fundamentals of State Regulation of Trade Activities in the Russian Federation” of December 28, 2009 № 381-FZ, as well as a number of other related rules of trade activities. Based on the results of the analysis, the authors conclude that despite the presence in the legislation of special antimonopoly requirements for retail chains and suppliers of food products, indicating the special attention of the legislator to the issues of ensuring legality in food markets, it is advisable to make a number of amendments to certain provisions of the relevant legal norms. Also, taking into account the changes observed in the retail trade markets in recent years, the authors note that the next stage in the evolution of antimonopoly requirements in the sphere of trade may be the legislative regulation of the rules of trade via the Internet.

The Right to Water as a Shaping Force in International Economic Law

Abstract While the road leading to the recognition of a human right to water has been rather bumpy, it has nonetheless had a significant impact on international economic law. It operates as a shaping force in international trade law and international investment law as the two main branches of international economic law by incremental change rather than radical transformation. Against this background, the present article seeks to identify where and by virtue of what mechanisms one may expect the most profound and lasting changes in and to international economic law under the impact of the human right to water.

International Trade Law and the World Trade Organization: Promoting Global Economic Cooperation

International commerce has emerged as a key EG driver in our more interconnected world, boosting both national prosperity and individual well-being. This study intends to investigate how the World Trade Organization (WTO) and international trade law (ITL) are related and what function they play in fostering international economic cooperation. Data collection and analysis will be done using a quantitative research approach. The data collection strategy will involve the creation and distribution of online surveys to individuals interested in ITL and the WTO. The survey questionnaire will encompass inquiries about various aspects, including the impact of ITL on economic cooperation, the effectiveness of the WTO's policies, and other relevant variables. A sample size of 600 individuals, who are knowledgeable about or involved in ITL and the WTO, will be selected. Statistical analysis programs like SPSS will be used to analyze the data from the online surveys. The data will be employed to examine the relationship between ITL, the WTO, and their influence on global economic cooperation. The collected data through the questionnaire will be instrumental in achieving the objectives of this research study. The 600 questionnaires distributed were arranged in the form of a Likert Scale. This information will be gathered in order to better understand how ITL and the WTO affect international economic cooperation by shedding light on their respective contributions to that cause.

Sustainable Development as a Wicked Problem in Investment Arbitration

Abstract References to ‘sustainable development’ and ‘sustainability’ can be found in decisions of investment arbitration tribunals and submissions from disputing parties. By relying on the concept of ‘wicked problem’, this article highlights the failure to articulate any clear relevance of sustainable development in the adjudication of investment disputes and structural limitations imposed by investor-State dispute settlement (ISDS). It proceeds in four steps. First, the article defines wicked problems and their distinguishing properties. Second, it shows how tribunals have used sustainable development in a way that evidences these distinguishing properties. Third, in light of submissions from respondent States and claimants, the article shows that ISDS imposes structural limitations on narratives that relate to sustainability and sustainable development. Finally, it examines the discussions on sustainability under the umbrella of the United Nations Commission on International Trade Law Working Group III and stresses the need for a political resolution outside ISDS proceedings.

PROFESSOR ALFONS ERNESTOVICH VORMS (1868-1939)

The article is a biographical study devoted to the scienti c and public activities of a famous Russian lawyer Alfons Ernestovich Vorms (1868-1939). The article based on the materials of family and state archives as well as on published sources. The author has a task to open thoroughly the most important and interesting sides of A. E. Vorms’ life and activities. The main moments of his life path are shown in the article: from a talented student to a professor, who has a great authority in the scienti c world of Tsarist Russia and the Soviet Union. The author gives a characteristic to the most signi cant Vorms’ works and nds the features of his scienti c views. A. E. Vorms is an author of many works on civil, peasant, trade and bills law. He also was doing a great teaching and enlightening work, and he was a successful lawyer. At Soviet period, he also worked as a consultant for some Soviet and foreign companies and state bodies. At the end of his life, Vorms was repressed, spent several years in correctional labor camps of Siberia and nally died at Butyrka prison hospital. He was rehabilitated posthumously. The long-term and productive Vorms’ activities are the notable contribution to the history of Russian jurisprudence.

Trade law policing on the factory floor: next generation agreements and their corporate accountability tools

Trade law policing on the factory floor: next generation agreements and their corporate accountability tools

New Cross-Border Standards of Conduct for Arbitrators in International Arbitration

The paper deals with topical issues of improving the regulation at the international level of the rules concerning the conduct of arbitrators in international commercial and investment arbitration. Two new documents are highlighted: the Code of Conduct for Arbitrators in the Settlement of International Investment Disputes, prepared by the working group of the United Nations Commission on International Trade Law (UNCITRAL), and the 2024 edition of the guidelines of the International Bar Association (IBA) regarding conflicts of interest in international arbitration. The Code of Conduct for Arbitrators is applied in the framework of International Investment Dispute (IID) proceedings, but may be applied in the framework of proceedings in any other dispute by agreement of the parties to the dispute. Along with the requirements for the independence and impartiality of arbitrators, the Code introduces restrictions on the simultaneous performance of several functions, as well as establishes obligations to exercise diligence, conduct proceedings in good faith and competently, not delegate their decision-making responsibilities, maintain the confidentiality of proceedings; the requirement for the reasonableness of arbitrators’ fees, as well as provisions governing the role of tribunal assistants. The IBA Guidelines on Conflicts of Interest in International Arbitration are the most popular source of «soft law» among the sets of rules of international origin governing the impartiality and independence of arbitrators. It is often used in arbitration and judicial proceedings in various legal systems when considering issues related to the assumption of the functions of arbitrators, their appointments and challenges. The novelties introduced into this Manual, taking into account the 10-year practice of applying the previous edition, expand the list of circumstances to be disclosed, clarify a number of statements.

Rights of The Buyer Under The Sale of Goods in Shari‘Ah and International Trade Law: A Comparative Analysis

Rights of The Buyer Under The Sale of Goods in Shari‘Ah and International Trade Law: A Comparative Analysis

Shaping green regionalism: New trade law approaches to environmental sustainability

AbstractGreen regionalism aims to mutually reinforce environmental governance and economic integration. The article provides the first analysis of green regionalism in international law. It argues that green regionalism represents a paradigm shift in global normative endeavours towards environmental sustainability. By contextualising three waves of global regionalism, the article unveils the evolving architecture of green regionalism alongside negotiations of the World Trade Organization and multilateral environmental agreements. Moreover, it sheds light on the pertinent disputes and features of new green initiatives galvanised by the European Union, the United States and Asia‐Pacific countries. These developments are pivotal in understanding the trade‐environment nexus and fostering economic resilience in our hyperconnected world.

Import Ban Efficacy on Second-Hand Clothing in the Perspective of Regulatory and Sustainable Development Goals

The study aims to analyze ban import effectiveness on second hand clothing in Kuningan Regency. The study utilized research specifications, an empirical legal approach. The findings revealed that Article 47 paragraph (1) of the Trade Law and Regulation of the Minister of Trade Number 40 of 2022; Amendments to Regulation of the Minister of Trade Number 18 of 2021 ban the importing of used apparel. In addition, the regulation is outlined in Article 69 of law number 32 of 2009; environmental protection and waste management, in fact, are not implemented effectively in Kuningan Regency and Second-hand clothing is related to sustainable development goals number 12, namely ensuring sustainable consumption and production patterns. There are seven thrift shops in the vicinity, but they are disregarded by law enforcement, with no supervision at all. To summarize, Kuningan Regency's local administration lacks a stronger legislative framework for law enforcement. As a result, it is critical to create a Regional Regulation governing imported used garments, as well as to socialize with business actors and the community.

Arbitration Bases for Settling Commercial Disputes in Accordance with The Provisions of The Code of Judgments (JUSTICE) Comparative Study International Trade Law (UNCITRAL) In Light of The Emirati Arbitration Law

Arbitration Bases for Settling Commercial Disputes in Accordance with The Provisions of The Code of Judgments (JUSTICE) Comparative Study International Trade Law (UNCITRAL) In Light of The Emirati Arbitration Law

The Relationship Between Business Competition Law and Commercial Law in Ensuring Healthy Business Competition in the Market

This research aims to discuss the relationship between business competition law and trade law in realizing healthy business competition in Indonesia. The method used is literature study through document review, such as journals, books and related literature. The results of the discussion show that business competition law, which is regulated in Law no. 5 of 1999, aims to prevent monopoly and unfair competition practices. The basic principles include freedom of business, healthy competition, efficiency and openness. Meanwhile, commercial law regulates legal relations in trade, providing order and legal certainty for business actors. These two areas of law complement each other in creating a healthy and just economic system. Business competition law plays a role in preventing unhealthy business practices and promoting efficiency, while trade law regulates commercial transactions and legal relations between business actors. Both contribute to protecting consumers, increasing economic efficiency, and promoting sustainable economic growth. It can be concluded that business competition law and trade law have an important and complementary role in creating a healthy and conducive business climate for economic growth in Indonesia. Harmonization and effective law enforcement in these two fields is the key to realizing healthy and fair business competition.

Mitigating the rise of unilateralism: lessons from forestry management

Abstract This article responds to the rise in unilateralism in trade policy (particularly from the EU and USA) and considers how its negative effects, especially concerning developing countries, can be mitigated through the use of instruments of trade law in the practice of economic diplomacy. It does this in three steps: first, it challenges the dichotomy between unilateral and plurilateral approaches to trade policy, and reframes this rise in unilateralism as conceptually and practically linked to the increasing plurality of trade law’s actors, sources, and institutions (the plural-unilateral dynamic); second, trade in forest products is used as a case study to examine this dynamic, identifying underlying tensions in the use of unilateral and plurilateral policies as well as potential mechanisms of accommodation; finally, in step three, the article identifies two related avenues of accommodation to improve participation and engagement—leveraging structures of meta-governance in trade (dialogues, committees, and standards bodies). In doing so, this article both reframes debates around unilateralism and plurilateralism in trade law and policy, and places the hitherto underexplored practice of economic diplomacy at the heart of means to improve trade relations.

Analysis the Impact of Technology Innovation, Foreign Direct Investment, Trade Openness and Globalization on CO2 Emissions? Evidence from Developing Nations

The present study explores the effects of Technology Innovation, Foreign Direct Investment, Trade openness and globalization on environmental degradation (CO2 emissions) from 1999-2023 in developing (Afghanistan, Nepal, Pakistan Bangladesh, Bhutan, and India) Countries. The study employs the Autoregressive distributed lag (ARDL) method is applied to reveal the existence of long run and short run relationship between CO2 emissions and its other determinants. A Granger causality test was also used in this investigation to ascertain the direction of causation between the variables. The results found that in Technology innovation and globalization are significantly increase the environmental degradation. The results of the analysis show that Trade openness and Foreign direct investment have a significant but negative effect on environment degradation. It is recommended that the developing nations give preference to sustainable trading procedures by including environmental factors into trade agreements and laws. This can involve promoting environmentally friendly labeling, assisting sustainable supply chains, and reducing trade obstacles for commodities that are good for the environment. Consistent with these empirical findings, this article suggests some vital policy implications in Developing countries to accomplish their sustainable development goals (SDGs).