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On 30 June 2023, the Mexican ministry of labor Secretaría del Trabajo y Previsión Social (STPS – Secretary of Labor and Social Protection) issued its report on Public Communication No. MEX 2016-1 under the North American Agreement on Labor Cooperation (NAALC). Better known as the NAFTA labor side agreement, the NAALC was in effect in…
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A welcome initiative Pressure has been increasing on businesses to contribute proactively to achieving climate and broader sustainability objectives. Companies consider that such initiatives often require cooperation with others, in order to get such projects successfully off the ground (for example, due to a minimum scale being required and/or due to a first mover disadvantage)….
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Covid-19: Long-term vs short-term Assessing the effect of the coronavirus pandemic of 2023 on work and employment will be a long-term endeavour. While much of the emphasis has been on when and how economies may safely re-open, we draw attention to the undervalued workplace considerations therein. We have produced an early assessment of measures taken…
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Recent events, most notably the Covid-19 pandemic, have brought home the point as never before how inter-connected and inter-dependent the world that we live in has become, and how vulnerable humans are to nature and natural phenomena, and how fragile human societies and enterprises are in the face of forces and science that are beyond…
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During the lockdown, many workers unexpectedly found their normal place of work closed and they were required to start working from home (WFH). As lockdown restrictions are eased, a new scenario arises where employers and workers have to navigate the gradual resumption of activities in the workplace. This blog explores the need for employers to…
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On May 12, 2023, the Indian Directorate General of Trade Remedies (‘DGTR’) initiated a new anti-dumping investigation against a specific exporter from Vietnam, Kim Tin MDF Joint Stock Company, for alleged dumping of ‘Plain Medium Density Fibre Boards’. Because this product is already subject to anti-dumping duties in India, the second case is of interest. …
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Although politics surrounding the US-China Trade deal are now a bit unstable , the intellectual property (IP) chapter in particular reflects some important principles that may well guide US-China relations regardless; they are important for what they do, and do not, include. Unlike other US trade agreements, the ‘IP Chapter’ appears as the first chapter…
European contracts in the COVID-19 age: A need for adaptation and renegotiation
Introduction: The Hardship Clause The outbreak of the COVID-19 pandemic has had (and is still having) a major impact on long term contracts, both at national and supranational level. In Italy, for instance, the emergency has ignited a lively debate on the most appropriate remedy to restore fairness in a contractual relationship where one of…
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Permanent to Temporary: Does Trump’s Proclamation on immigrants pass WTO muster?
On 22 April 2023, the U.S. President, Donald Trump, announced a “Proclamation suspending entry of immigrants who present risk to the U.S. Labour Market during the economic recovery following the COVID-19 Outbreak” (“Proclamation”). Is the Proclamation compatible with the United States’ WTO obligations? Specifically, is in line with obligations relating to the supply of services…
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Today, global competition obliges companies dealing in international trade to modernize their procedures of delivery to minimize the customs burden and simplify the relationship with customs authorities. Customs planning is as important as ever, to be effective in the worldwide marketplace. Especially after the Covid19 sanitary emergency, there is a strong need to upgrade the…
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In a recent US WTO challenge, the Panel decided that certain Indian export incentive schemes were prohibited export subsidies. The Panel Report demands that these schemes be phased out, despite the fact that it will adversely affect exporters and India’s large current account deficit.[1] Developing nations, like India, resort to export subsidies to stimulate industrial…
Born out of Necessity: MPIA Arbitration and WTO
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The European response to the Covid-19 crisis – where are we going to?
From an EU social and labour policy perspective, 2023 started off on the right foot. In mid-January, the Commission presented its Communication on “A Strong Social Europe for A Just Transition”. In the Communication, the Commission’s priorities (the European Green Deal and the digitalization agenda) appeared to be intertwined with the commitment to promote fairness…
Carpe diem and the pandemic
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Japan’s All-Too-Long List of Public Companies – A Return to the Past?
1. New Classification List of Public Companies for Foreign Investment Review On May 8, the Japanese authorities published a list of publicly-listed companies that are subject to prior examination for direct investments by foreign investors under the newly amended Foreign Exchange and Foreign Trade Act (the “FEFTA”). The subject companies are classified into three categories:…
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As the COVID-19 pandemic engulfs the world, requiring an unprecedented and, as of yet, unforthcoming global response, the idea of Brexit, the sheer self-indulgence and chicanery of Brexit, has quickly become remote from the minds of policy makers and peoples alike. Nevertheless, with negotiations on ‘forging a new partnership’ between the EU and the UK…
A Potentially Greater Role of Arbitral Awards in Shaping the CISG Case Law: Could We Be Witnessing the Beginning of a New Dawn?
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Foodora Leaves Canada The pandemic of 2023 is a demarcation point that will take some time to understand. In the midst of such profound changes to daily life, labour law remains one background to these challenges. After its riders in the Canadian province of Ontario won a challenge to their union certification on 28 February…
Anatomizing the consistency of the Data Localization under India’s Personal Data Protection Bill, 2023 with India’s commitments under GATS
Introduction The landmark decision in Justice K.S. Puttaswamy v. Union of India paved the way for protection of privacy including informational privacy by granting fundamental rights status to privacy rights. The Personal Data Protection Bill, 2023 (“PDPB”) aims to protect privacy by establishing a mechanism to regulate and control the processing of personal data. The…
