Trade Protection Research Articles

An Analysis of the Development of Cross-border E-commerce in China Based on the Background of Economic Globalization -- A Case Study of Alibaba International Website

In the era of the digital economy, international trade develops rapidly, and cross-border e-commerce occupies an important position in global trade. To comply with the trend of economic globalization, China's cross-border e-commerce field needs to clarify its advantages and shortcomings, make timely adjustments and improvements, and achieve sustainable development. This paper analyzes the international economic background and the development status of cross-border e-commerce. Taking Alibaba International Site, a representative cross-border e-commerce platform, as a specific case, SWOT analysis is applied to analyze its development status, and it is found that the cultural differences, policy differences, and trade protection problems it faces reflect the existing deficiencies in China's cross-border e-commerce field. And put forward optimization suggestions for China's cross-border e-commerce enterprises. Still, the suggestions in this paper have certain limitations, for the specific situation of small and medium-sized cross-border e-commerce enterprises need to be considered in combination with the actual problem.

Protectionism or let go? Evidence from IT investment in Chinese manufacturing firms

ABSTRACT From a global perspective, economic and trade disputes between countries are gradually increasing. Under the influence of the COVID-19 epidemic and war, the competition among the countries has become more intense. Lower trade barrier for economic cooperation or trade protection is becoming a concerned topic for governments and researchers around the world. This study uses the IT investment data from Chinese manufacturing enterprises from 2015 to 2022 to test the impact of international competition on technological development under environmental heterogeneity. The research results show that the external environment has an important impact on the technology performance of enterprises. After the COVID-19 epidemic, the IT investment performance of enterprises shows a “productivity paradox” situation. Further research shows that reducing tariffs and introducing international competition will be conducive to the development and utilization of IT by enterprises, which is supported in different market environments. This study verified that lowering trade barriers and introducing international competition to achieve win–win cooperation is still an important method for economic and firm development.

The concept of ‘due cause’ and its role in safeguarding fundamental rights under EU trade mark law: how should the CJEU rule in IKEA, C-298/23?

Abstract While trade mark rights themselves constitute fundamental rights within the right to property, they may also collide with the fundamental rights of third parties. The latter is particularly evident where third parties try to justify their unauthorized use of a trade mark on the basis of their own fundamental rights. The collision between the fundamental rights–protected interests of the trade mark proprietor and the third parties become all the more apparent when it comes to the protection of trade marks with a reputation. Trade marks with a reputation are particularly exposed to use by third parties due to their high level of appreciation and recognition among the public and therefore deserve a special protection. However, this special protection must not get out of hand and must be restricted wherever the fundamental rights interests of third parties outweigh those of the trade mark proprietor. As a result, a balance must be struck between the colliding fundamental rights interests. All this raises the question where such a balancing of interests could take place in the context of the European Union (EU) Trade Mark Regulation 2017/1001 (EUTMR) and Directive on the European Union Trade Mark (EUTMD). And once the ‘where’ has been resolved, a question still remains as to how an appropriate balance can be achieved or rather what criteria need to be taken into account when balancing these interests. To answer these questions, existing case law of the Court of Justice of the European Union (CJEU) provides only limited to no substantive guidance. It is therefore not surprising that a Belgian national court requested the CJEU to clarify precisely these questions at EU level in 2023 (IKEA, C-298/23). In this case, the main role is played by the negative condition ‘without due cause’, which arises from the EUTMR and EUTMD provisions protecting trade marks with a reputation and which stipulates that the trade mark proprietor can only enforce the special protection if the third party is unable to establish that the use of the trade mark takes place with ‘due cause’. It is therefore the task of the CJEU to clarify whether the required balance of fundamental rights interests can be achieved within the framework of the undefined legal concept of ‘due cause’ and, if so, to specify the criteria by which such a balance can be achieved. This article sets out and discusses how the CJEU should solve this task and concludes that the concept of ‘due cause’ must be interpreted broadly in order to provide a flexible counterweight to the far-reaching protection of trade marks with a reputation. Hence, the concept of ‘due cause’ can be understood as a safeguarding mechanism for the fundamental rights of third parties, whereby various criteria must be taken into account in order to achieve a fair balance with the fundamental rights–protected interests of the trade mark proprietor.

The gift of sanctions: an analysis of assessments of the Russian economy, 2022–2023

This essay analyzes a few prominent Western assessments, both official and private, of the effect of sanctions on the Russian economy and war effort during the first 18 months after February 2022. It seeks to understand the main goals of sanctions, alongside the facts and causal inferences behind the consensus view that sanctions were highly effective. Such understanding may then help to clarify the relationship between claims made by economist-observers outside Russia and those emerging from Russian sources – notably economists associated with the Russian Academy of Sciences (RAS) – which drew sharply different inferences from the same facts. We conclude that when applied to a large, resource-rich, technically proficient economy, after a period of shock and adjustments, sanctions are isomorphic to a strict policy of trade protection, industrial policy and capital controls. These are policies that the Russian government could not plausibly have implemented, even in 2022, on its own initiative. Sanctions were, in this sense, a gift to the Russian state and war effort.

Regulatory Capture by Corporations, Liberalization of Industrial Forest Sector and Deforestation in Indonesia

This study was motivated by the proliferation of forest management businesses for industrial interests. The issuance of the Industrial Plantation Forest policy has benefited pulp and paper corporations, which can be observed from both the rapidly increasing amount of production and the area used under corporate land management, which has even exceeded the amount of land used as regulated by existing regulations.There were three problems that this study seeks to address. Firstly, how had the Industrial Plantation Forest policies during the administrations of President Susilo Bambang Yudhoyono and Joko Widodo impacted P.T. Riau Andalan Pulp and Paper and local communities. Secondly, in what ways the policy had caused deforestation, especially on peatlands. Thirdly, how had the state, as the policy maker, maintained the social life of the communities to reduce conflicts that would disrupt production, particularly in Riau. This study show that the industrial plantation forest policies had benefited pulp and paper corporations, that rely on wood as raw materials, by providing various facilities and subsidies from the government. Susilo Bambang Yudhoyono's administration issued a lot more policies that benefited corporations than Joko Widodo's administration. Meanwhile, Joko Widodo in its first period administration attempted to make amendment by making a moratorium policy that temporarily suspended the issuance of new forest and land management permits. In addition, the Joko Widodo administration also introduced a social forestry policy that allowed communities to own forestry management land. However, during the second period of his administration, forestry policies, again, had benefited corporations, especially with the issuance of the Job Creation Law which gave rise to many protests from the public.Fred Block’s in his book “the Revising State theory” to the conclusion that the business community has a strong influence on the formation of state policy and that business people seek government’s assistance to support their profit-seeking activities through various policies. The policies are in the form of trade protection, subsidy programs, tax benefits, punitive treatment of strikers, contracts from the government, and so on. However, Block also believes that other than providing support to corporations to accumulate capital, the government must also maintain social stability both as a protection for business confidence and because the government wants to maintain its power. Social forestry policy, for example, is aimed at reducing social conflicts by providing access to communities with cultivated land to improve their welfare.

International Law Protection of Cross-Border Transfers of Personal Information Based on Cloud Computing and Big Data

Cross-border data is crucial for the digital economy s growth, but uncontrolled transfers risk national security, public interests, corporate interests, and data sovereignty. Currently, cross-border data regulation lacks unified global rules, with existing ones dominated by Europe and the U.S. China needs to improve its international legal protection for cross-border personal information transfer. This paper examines China s mechanisms for personal data privacy protection in digital trade, including frameworks for big data, cloud computing, and cloud service selection for data lifecycle privacy protection. It suggests clarifying data controllers and exporters obligations, strengthening regulatory responsibilities, improving cross-border data legislation, enhancing law operability, and advocating for stronger international cooperation and participation in global rule-making to protect personal privacy information rights.

Are Geopolitical Risks Fuelling Trade Protectionism?

ABSTRACT Since the onset of the global financial crisis, trade protectionism has endured, with national security emerging as a prominent determinant of trade policy adjustments. This study seeks to investigate the intricate interplay between geopolitical risk and trade protectionism. To this end, the article formulates a trade protection network employing the geopolitical risk index in conjunction with trade protection data gathered from 26 countries. The objective is to scrutinize the impact of geopolitical considerations on trade protectionist measures. Our investigation reveals that the escalation of geopolitical risks amplifies the proclivity of nations to engage in trade interventions. As geopolitical uncertainties spread and disagreements arise among traditional trade partners, countries characterized by superior institutional quality, greater political system heterogeneity, and deeper reliance on foreign trade are increasingly inclined to institute trade restrictions as a safeguard for their industries in response to geopolitical tensions. In light of these findings, it is imperative for countries and regions to proactively respond to peer influence, enhance domestic monitoring capabilities, foster international collaboration, and collaboratively forge new frameworks governing international trade.

Study on the Selection of Countries for Wildlife Trade Protection Based on Comprehensive Evaluation Methods

Study on the Selection of Countries for Wildlife Trade Protection Based on Comprehensive Evaluation Methods

Implikasi Agreement on Agriculture (Aoa/Wto) Terhadap Pengaturan Perdagangan Produk Pertanian Indonesia

The aim of this scientific writing is to find out the legal implications of the AoA/WTO for trade in the Indonesian agricultural sector, as well as to find out how Indonesia provides legal protection for trade in agricultural products due to the liberalization of world trade. This scientific research uses normative juridical research methods, and the data collected will be analyzed juridically qualitatively, then the results of this research will be described descriptively analytically. From the research results, the author obtained data that to implement the AoA/WTO provisions, Indonesia updated its legal provisions in the agricultural sector through several national provisions. However, this implementation has implications that have a negative impact on farmers, as a result trade in the Indonesian agricultural sector decreases, such as imports of food products increasing, farmers' income decreasing, there are no subsidies for farmers, food insecurity and hunger, Bulog becomes a company, and etc. To anticipate the negative impact of trade liberalization on the agricultural sector, the Indonesian government has made such efforts, such as enacting Law No. 29 of 2000, concerning the protection of plant varieties, Presidential Decree No. 77 of 2005, concerning the procurement and distribution of subsidized fertilizers, at the beginning of September 2007, The Decree of the Coordinating Minister for the Economy gave full authority to Bulog, in May 2007, the government issued a Draft Government Regulation (RPP) concerning the National Agrarian Reform Program (PPAN) / Landreform, and at the international level, Indonesia created the SP (Special Product) and SSM (Special Product) programs. Safeguard Mechanism) which is still being fought for in the WTO forum to get its ratification.

Trade Protectionism and International Trade Policy Study

In the context of globalization and the close interconnection of economies, international trade has become a key driver of economic growth and global cooperation. However, the resurgence of trade protectionism has posed a series of challenges to international trade. The trade war between the United States and China stands as one of the most prominent cases of international trade friction, providing a valuable empirical scenario for the study of trade protectionism and international trade policies. This paper begins with an overview of the US-China trade war, including the development of trade relations, the scale and structure of trade between the two nations, and the causes and key issues of the trade war. Subsequently, the article reviews the theoretical underpinnings of trade protectionism, focusing on the concepts and forms of protectionism, as well as the motivations behind it. Through the analysis of the US-China trade war case, the paper examines the direct and indirect impacts of this trade conflict on the economies of both countries and the international trade order at large. The research finds that while trade protection measures may benefit certain countries or industries in the short term, such practices are likely to harm the overall interests of the global economy in the long run, increasing uncertainty and instability within the international community. Finally, based on the current state of international trade, this paper proposes a series of strategies to address trade protectionism and offers insights into the future development trends of a new international trading system and international trade policies. The article emphasizes that in the face of the challenges posed by trade protectionism, the international community must work together through dialogue and cooperation to find long-term solutions to global trade imbalances, thereby promoting the shared prosperity and development of the world economy.

Risk expectation from trade protectionism and firm innovation strategies: Theory and evidence from China

In this study, we construct a new measurement of a firm's trade risk expectation. We investigate how exporters’ innovation strategies respond to trade protection and their risk expectation by studying the global anti-dumping investigations against China. Specifically, using information on targeted products, we identify the trade risk level of each firm. We then develop a theoretical model to analyze how a multi-product firm adjusts its innovation strategies by its trade risk expectation when affected by anti-dumping measures, and the spillover effects of trade risk expectation on the firm's innovation strategies. This model predicts that first, affected firms will increase their R&D investment and innovation output in response to the increase of trade risk. Second, firms are more likely to choose high-quality innovation when their trade risk expectations increase. Third, for unaffected firms, an increase in trade risk expectation will lead to a growth in their innovation outputs. These predictions are aligned with the Chinese data, which are matched with an anti-dumping dataset from the Global Anti-dumping Database and several firm-level datasets. After changing the definition of trade risk expectation, excluding the cases also affected by countervailing measures and those with a zero anti-dumping tax rate, our results remain constant. This gives us further confidence that exporters with higher trade risks are more responsive to trade protection.

Storm in a teacup: Empire products, blended teas, and origin marking debates in 1920s Britain

This article uses the origin marking of tea as a case study to examine contemporary debates on imperial preference and ‘soft’ trade protection. The case integrates three themes affecting the UK business environment during the 1920s: protectionism, imperial tariff preference, and consumer choice. We discuss the extent to which consumers’ tea purchases were influenced by proprietary brand, or geographical origin. Our analysis focuses on the legislative framework provided by the Merchandise Marks Act, 1926, mandating origin marking for specific imported foodstuffs. Contrary to the established view, we demonstrate how product quality in the supply chain of tea consumed in the UK was determined not by the producers (tea growers), but by the major UK-based blenders. We argue that UK consumers were unable to exercise any meaningful voluntary preference for empire teas. Our article reveals that the political idea of an ‘empire product’ did not always translate well into commercial reality.

Reinvestigating the environmental Kuznets curve (EKC) of carbon emissions and ecological footprint in 147 countries: a matter of trade protectionism

Environmental degradation has profoundly impacted both human society and ecosystems. The environmental Kuznets curve (EKC) illuminates the intricate relationship between economic growth and environmental decline. However, the recent surge in trade protectionism has heightened global economic uncertainties, posing a severe threat to global environmental sustainability. This research aims to investigate the intricate pathways through which trade protection, assessed by available trade openness data, influences the nexus between economic growth and environmental degradation. Leveraging comprehensive global panel data spanning 147 countries from 1995 to 2018, this study meticulously examines the non-linear dynamics among trade, economy, and the environment, with a particular emphasis on validating the EKC hypothesis. This study encompasses exhaustive global and panel data regressions categorized across four income groups. The research substantiates the validity of the EKC hypothesis within the confines of this investigation. As income levels rise, the impact of economic growth on environmental degradation initially intensifies before displaying a diminishing trend. Additionally, trade protection manifests as a detriment to improving global environmental quality. The ramifications of trade protectionism display nuanced variations across income strata. In high-income nations, trade protection appears to contribute to mitigating environmental degradation. Conversely, within other income brackets, the stimulating effect of trade protection on environmental pressure is more conspicuous. In other words, trade protectionism exacerbates environmental degradation, particularly affecting lower-income countries, aligning with the concept of pollution havens. The study’s results illuminate nuanced thresholds in the relationship between trade, economic growth, and environmental degradation across income groups, emphasizing the heterogeneous impact and underlying mechanisms. These findings provide valuable insights for policymakers, urging collaborative efforts among nations to achieve a harmonious balance between economic advancement and environmental preservation on a global scale.

The impact of global value chain restructuring on the product structure of China-EU exports

Using the Asian Development Bank Multi-Regional Input-Output Tables (ADB-MRIO) and the UIBE GVC Indicators Database, this paper selects the data of 14 manufacturing industries in China from 2007 to 2020, and empirically studies the impact of global value chain restructuring on the product structure of China-EU exports. Research shows that the restructuring of global value chain is conducive to the optimization of China-EU export product structure, and has a stronger effect on high-tech industries. Among them, the labor cost-driven global value chain restructuring is not conducive to the upgrading of China-EU export product structure, while the technological progress-driven global value chain restructuring is helpful to the upgrading of the product structure of China-EU exports. Further research finds that the global value chain restructuring driven by the US trade protection policy is conducive to the upgrading of China-EU export product structure. The research of this paper is helpful for China to strengthen China-EU cooperation and upgrade export trade structure in the new wave of global value chain restructuring. This paper can provide a possible path for China and other developing countries to explore high-quality economic development and provide relevant reference value for policy formulation related to the establishment of long-term trade cooperation with the EU.

De-globalizing Trade in the Wake of the COVID-19: Impacts and Changes in the US-China Relation

The purpose of this paper is to explore the impact of the COVID-19 epidemic on global trade and its transformation of trade relations between the United States and China. The outbreak of the epidemic triggered a huge restructuring of the global trade system and accelerated the trend of global trade de-globalization. As the two largest economies, the trade relationship between the United States and China plays an important role in this process. This paper analyzes the causes of deglobalization, which are mainly caused by the fracture of industrial chain, trade protection and industrial upgrading. At the same time, the paper focuses on the factors that have caused the deglobalization trend in the post-COVID-19 era, such as changing trade agreements, poor cross-border investment environment, and the challenges and uncertainties brought by e-commerce. Finally, it concentrates on the changes of the US and China bilateral trade in the post-COVID-19 era. Affected by the epidemic, the bilateral relationship between these two countries has become more conflictual and focused on technological competition. Finally, the trend against globalization has led to inefficient economic development and the regionalization of trade because of the necessity of communication.

Politically Motivated Trade Protection

Politically Motivated Trade Protection

Mechanisms for protecting producers of metallurgical industry under environmental issues

The article explores the pressing issue of the exacerbation of environmental issues and the increase in greenhouse gas emissions as a consequence of metallurgical industry activities. This sector plays a significant role in global emissions and, therefore, requires immediate measures to mitigate its negative impact on the environment. The protection of domestic producers has been discussed by researchers such as A. Harkusha, S. Bilotsky, L. Tykhonchuk, P. Galagher, M. Gerard, and D. Firger. The article analyzes the uneven process of decarbonization of metallurgical enterprises in different countries worldwide. Transitioning to more environmentally friendly production is a complex task, so it is essential to consider within the framework of the WTO mechanisms for protecting national metallurgical industry producers in the face of growing environmental challenges. The article also examines various forms of trade protection for markets that can be used to support domestic producers in the context of increasing environmental problems. The author investigates exceptions to WTO rules that allow for restrictions on international trade to preserve natural resources and human health. This underscores the importance of ensuring environmental sustainability within international trade relations. Recent decisions by WTO dispute settlement bodies emphasize the priority of protecting health and nature over commercial interests, highlighting the need for coordinated international action to preserve the environment and public health. In conclusion, the article calls for further development of international regulatory mechanisms aimed at ensuring environmental sustainability and protecting the interests of national metallurgical enterprises under growing environmental challenges. Considering the overall state of the environment and its impact on the global ecosystem balance, this article contributes to a deeper understanding of possible trade and environmental solutions to achieve a balance between industry and environment conservation goals.

Evolution of global value-added trade networks and response to risk transmission

To enhance the international division of labor of developing countries and scientifically respond to the risks and conflicts in the network system, it is important to examine the evolutionary characteristics of the global value-added trade network, simulate the impact of risk shocks, and propose corresponding measures. Based on UNCTAD-Eora value-added trade data, this paper measured and evaluated the evolution characteristics of the global value-added trade network from 2003 to 2018 using the social network analysis and value-added decomposition methods. Then we analyze the impact of risk shocks on the evolution of the trade network using the bootstrap percolation model, building global trade networks and proposing countermeasures. The results show that the global value-added trade network has formed a complex structure and structurally stable distribution pattern, with Germany, China, and the U.S. as the core and the most crucial supports. Among which, China's core position is mainly due to the rapid rise in its export center status. The trade benefits of the three core countries are both competitive and complementary along the “One Belt and One Road”. Furthermore, simulations of bootstrap percolation model reveals that the adoption of trade protection policies (caused by poor institutional quality) by different countries will spread and diffuse non-linearly in the network, and the impacts triggered by low-centered countries are comparatively more widespread. By improving defense capabilities and changing the network structure, the “cascading” impacts of trade policy uncertainty can be reduced.

Smart Contracts and International Trade: European Legal Strategies for Managing Challenges

Objective: the automation inherent in smart contracts makes them an attractive tool for global trade applications, especially for the automation of transactions. The prospects foreseeable will significantly impact international economic relations and the transformation of international trade rules. This fact determines the study objective - to identify the possibilities of transforming the said rules and the political and legal strategies adopted by European countries to implement smart contracts in international trade.Methods: the study, devoted to the current international trade regulation in the context of contracts digitalization and spread of smart contracts, uses a combination of formal-legal and comparative-legal methods. They allow researching the international trade rules, analyzing and comparing the UK and the EU political and legal positions on the smart contracts introduction in international trade, as well as predicting the legal consequences of using smart contracts in international trade.Results: the research shows that the proliferation of smart contracts has significant implications for international trade and its regulation. Smart contracts have numerous advantages, such as increased efficiency, reduced costs, and wide availability. However, they may lead to legal challenges when harmonizing traditional legal principles with the digital environment, in particular concerning the authentication of subjects, enforceability under specific circumstances of a case, and jurisdictional issues.Scientific novelty: the current literature on the transformation of international trade regulation in the context of digitalization processes and the spread of smart contracts is complemented by the results of a comparative analysis of the legal positions existing in the European legal space and developed on the basis of problems, lessons and achievements in the smart contracts implementation in international trade.Practical significance: understanding the legal implications of smart contracts is important for businesses involved in international trade. The study provides insights into the UK and the EU legal positions from which guidance can be provided to companies navigating the digital landscape. Policymakers can also benefit from the findings when developing appropriate legal acts to balance the benefits of smart contracts with the need for legal certainty and protection in international trade.

Friction or cooperation? Boosting the global economy and fighting climate change in the post-pandemic era

In the post-COVID-19 pandemic era, the world faces a choice between trade protection and cooperation. However, current literature provides very little information on the benefit or loss of trade friction or cooperation on global economy and climate mitigation. This study applied the Global Trade Analysis Project model to assess the impacts of trade friction on global economic recovery and climate change. The results indicated that international trade friction can both delay global economic recovery and affect CO2 emission reduction. The shocks of consumption reduction and production suspension have a higher marginal effect in developing and emerging economies, whereas trade friction has a higher effect on developed countries. Trade friction has more negative economic effects for developed countries, but developing countries cannot reduce CO2 emissions proportionally with the decrease in trade and related production. In the post-pandemic era, if the global trade barrier increases, the world may face a co-occurring economic decline and an increase in or low abatement of carbon emissions.