KluwerLawOnline.com - Global Trade and Customs Journal

Article: Source Code Provisions and Evolving Exceptions in Economic Agreements [pre-publication]

Wed, 08 Jan 2025 00:01:06 GMT

This article examines the objectives and constraints of treaty provisions relating to source code disclosure requirements in recent treaties such as free trade agreements (FTAs) and Digital Economy Partnership Agreements. It examines such provisions and in particular, their evolving exceptions, against the tide of technological advancements in artificial intelligence (AI), such as those in Generative AI, as regulators grapple with both the regulation and promotion of such technologies. It raises some key considerations for the negotiation of future provisions and associated exceptions for trade negotiators and legal advisers.

Volume 20 Online ISSN 1569-755X

Editorial: Special Issue: EU Economic Security: Issues and Perspectives [pre-publication]

Wed, 08 Jan 2025 00:01:06 GMT

Volume 20 Online ISSN 1569-755X

Article: From APEC to Global: The Establishment of the Global CBPR Forum [pre-publication]

Wed, 08 Jan 2025 00:01:06 GMT

This article examines the inception and establishment of the Global Cross Border Privacy Rules (‘CBPR’) Forum, a recent and significant initiative aimed at facilitating cross-border personal data flows across different jurisdictions. The importance of the Global CBPR Forum is considerable. Since its inception, it has attracted the interest of over a dozen countries and leading internet companies, underscoring the pressing need to develop effective mechanisms for facilitating cross-border data flows. The Global CBPR Forum is built upon the foundation of the existing Asia-Pacific Economic Cooperation (‘APEC’) CBPR System. However, despite its pioneering role, scholarly analysis of the APEC System’s effectiveness remains scarce. This article addresses this critical gap by comprehensively examining the APEC System’s origins and performance to date. By contextualizing the Global CBPR Forum within its predecessor, the article offers crucial insights for its practical implementation and ultimate success.

Volume 20 Online ISSN 1569-755X

Article: International Economic Relations as a Risk: The EU’s Economic Security Strategy and the World Trading System [pre-publication]

Wed, 08 Jan 2025 00:01:06 GMT

Rules-based trade is increasingly affected by the growing influence of geopolitical considerations in international economic relations. In claiming (open) strategic autonomy, the European Union (EU) commits to continue seeking multilateral solutions whenever possible, but expresses the will to pursue unilateral paths where necessary. While this policy and its underlying claims have not yet been tested in earnest, there will be ample room for that in 2025, for a variety of reasons. In this context, the new EU economic security strategy represents a multi-facetted initiative for dealing with risks and vulnerabilities stemming from strong economic interdependence. The three stands of this strategy (1) ‘promotion’, (2) ‘protection’ and (3) ‘partnering’ may entail measures that could well conflict with WTO rules which are (still) based on the post-war idea of economic interdependence and embedded liberalism. However, WTO law offers different ways to justify measures taken for geopolitical reasons. In addition to the choosing of not undisputed interpretation of some key justifications (such as Articles XX and XXI GATT 1994), the design and reasoning of each individual economic security measure will be particularly important in order to make ‘de-risking’ meet the standard of Article XVI:4 WTOAgreement.

Volume 20 Online ISSN 1569-755X

Article: The FSR’s Beginnings: Ten Substantive and Procedural Questions and a Few First Answers [pre-publication]

Wed, 08 Jan 2025 00:01:06 GMT

The EU Foreign Subsidies Regulation is the newest instrument in the European Commission’s antitrust toolbox, and thus far the only regime in the world to target competitive distortions caused by subsidies granted abroad. In this article, we look back on the FSR’s first year through the lens of ten substantive and procedural questions. These issues include: the interplay between the two notification regimes and ex officio powers, the interpretation of basic concepts, and the FSR’s interaction with trade defence and State aid. With the EU’s plans to vigorously enforce the FSR, it is more important than ever to understand this regulation, and this contribution aims to further the debate.

Volume 20 Online ISSN 1569-755X

Article: EU Export Controls on Dual-Use Items: Recent Developments and Emerging Trends [pre-publication]

Wed, 08 Jan 2025 00:01:06 GMT

The European Union (EU) is entering a new era of export controls, driven by geopolitical tensions, technological advancements, and the imperative to safeguard its economic and national security. This article examines the evolving landscape of the EU and its Member States’ export controls on dual-use items, particularly in advanced technology sectors. The 2021 revision of the EU Dual-Use Regulation marked a notable shift, introducing, among other things, mechanisms for coordinating national control lists, stricter measures on cyber surveillance, and increased expectations for private sector compliance. In response to multilateral stagnation within frameworks such as the Wassenaar Arrangement, Member States have increasingly adopted unilateral measures. However, while there may be compelling reasons to take action, such fragmentation risks undermining the EU’s single market and the cohesion of its trade and economic security policies. Proposals in a 2024 White Paper authored by the European Commission call for a more coordinated approach, including streamlined regulatory mechanisms and greater alignment among Member States. This article takes stock of the current situation and discusses the proposed areas of reform.

Volume 20 Online ISSN 1569-755X

Article: The Future of International Trade and the European Economic Security Strategy [pre-publication]

Wed, 08 Jan 2025 00:01:06 GMT

This article examines the future of international trade as envisioned by the European Union (EU) through the lens of the European Economic Security Strategy (‘EESS’). The international political landscape, reshaped by recent major events such as the war in Ukraine, the definitive rupture in relations between the G7 nations and Russia and the intensifying rivalry between the United States (US) and China – along with the resulting so-called ‘decoupling’ of their economies – has led to new security challenges for the EU. The EESS aims to define EU strategies to meet these challenges, achieving not only economic, but also social and national security. The Union strategy is based on three main pillars: (1) enhancing the competitiveness of its economy by strengthening the Single Market through significant investments in strategic sectors; (2) protecting its economic security by implementing measures to safeguard its market and intellectual capital, while enhancing its supply chains; and (3) reinforcing its international relations, bearing in mind that the world is increasingly shifting towards a ‘small yard, high fence’ dynamic. The ultimate goal is to strike the right balance between EU strategic autonomy and free trade.

Volume 20 Online ISSN 1569-755X