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International Trade Law and Regulation
International Trade Law and Regulation
Practice Area: International Trade
ISSN: 1357-3136
Published by: Sweet & Maxwell
Subscription Information: Any Time Start
Format: Journal
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PRODUCT DESCRIPTION
The International Trade Law & Regulation (Int. T.L.R.) is a quarterly international journal providing topical analysis on key debates and developments in both public and private aspects of international trade and investment law. It features:
  • In-depth analytical articles by leading academics and practitioners
  • Shorter opinion pieces on recent developments and emerging issues
  • Book reviews of recent publications in the field
CONTENTS
Issue 1 2019
Table of Contents

Opinions

ANNA BREDIMA
Protectionism and Maritime Repercussions

YI SEUL KIM
Who Banned My Cheese? Is China’s 2018 Cabinet Restructuring Enough? 


Articles

BRUNO ZELLER, RACHEL CHAN AND CAMILLA ANDERSEN
To Know or Not to Know in the CISG: Can an Analogy between CISG Articles 35 and 42 Challenge the Outcome of the 1995 New Zealand Mussels Case?

CHIOS CARMODY
Small Changes in Big Times: The WTO’s Informal Mechanism on Procedural Innovation 

MD. NEYAMUL ISLAM
Challenges in South Asian Free Trade


Book Review

DAVID COLLINS
Proportionality, Reasonableness and Standards of Review in International Investment Law and Arbitration, by Valentina Vadi
CONTRIBUTOR INFORMATION

Guidelines for Contributors

1. International Trade Law & Regulation (Int. T.L.R.) is a quarterly international journal providing topical analysis on key debates and developments in both public and private aspects of international trade and investment law. It features in-depth articles on topics of interest, shorter opinion pieces on recent developments and emerging issues, and book reviews of recent publications in the field.

All contributions must be in English and contributors should supply their full contact details, including email address, for further correspondence. Please include an abstract of no more than 50 words, describing the contents of the contribution. This abstract will appear on the contents page of Int. T.L.R.

The authors of accepted contributions will receive two complimentary copies of the journal in which their paper appears.

Contributions are welcome under the following headings:

Articles
Articles should analyse a major, current theme of international interest in the field. Articles should aim to discuss a subject with an emphasis on theory, although practical relevance may also be considered.  Articles should be between 5,000–8,000 words, though shorter or longer contributions may be considered.

Opinion
In the style of an editorial, the Opinion should be a topical, ideally controversial piece on a recent development in the field aimed at stimulating debate. Opinions are approximately 2,000–3,000 words in length.

Book Reviews
Book reviews should offer a short summary of a recent book (published in the last two years) in the field along with critical analysis and insight. Book reviews are normally between 800 and 1,500 words in length. Please contact lucy.gardner@thomsonreuters.com to discuss a book review or to obtain a review copy.

2. Method of Submission
The contribution should be sent as an email attachment in Microsoft Word together with the abstract, the contributor’s full contact details and the contributor’s biography to:
Katy Sadat, Publisher
katy.sadat@thomsonreuters.com.
Telephone: +44 20 7542 4714.

3. Footnotes should be kept to a minimum and numbered consecutively from 1 onwards. Cases and statutes, etc. should be cited accurately and in the correct format, preferably in the footnotes.
 
4. Submission of a paper will be held to imply that it contains original unpublished work. Please note that it is the responsibility of the contributor of each paper to collect any permissions and acknowledgements necessary for the paper to be published prior to submission.

5. Copyright in contributions is vested jointly with the contributors and the publishers.

EDITORS & EDITORIAL BOARD
GENERAL EDITORS
Jason Chuah, Professor of Commercial and Maritime Law, City, University of  London
David Collins, Professor of International Economic Law, City, University of London

EDITORIAL ADVISORY BOARD
  • Yoshinori Abe, Professor of Law, Gakushuin University
  • Camilla Andersen, Professor of International Commercial Law, University of Western Australia
  • Raj Bhala, Rice Distinguished Professor, The University of Kansas
  • Chi Carmody, Professor of Law, University of Western Ontario
  • John Clarke, Director of International Affairs, European Commission, Brussels
  • Mark Clough QC, Senior Counsel, Dentons, Brussels
  • Aline Doussin, Partner, Hogan Lovells LLP, London
  • Anne Macgregor, Brussels Bureau Chief, The Capitol Forum
  • Bryan Mercurio, Professor of Law, Chinese University of Hong Kong
  • Yenkong Ngangjoh Hodu, Professor of International Economic Law, University of Manchester
  • Djakhongir Saidov, Professor of Commercial Law, King’s College London
  • Fiona Smith, Professor of International Economic Law, University of Leeds
  • Kenneth Vandevelde, Dean and Professor of Law, Thomas Jefferson School of Law
  • Valentina Vadi, Assistant Professor of International Economic Law, Lancaster University.

SUBSCRIPTION INFORMATION
Annual subscriptions for this title run from January to December. We will contact you each year to ascertain whether you wish to renew your subscription.
 
4 issues per annum.
INDEXING & ABSTRACTING SERVICES
Available on Westlaw and Lawtel
CONTENTS OF ISSUES
Issue 1 2019
Table of Contents

Opinions

ANNA BREDIMA
Protectionism and Maritime Repercussions 
Commercial protectionism creates an international climate for adoption of maritime protectionism. The EU should reactivate its legislation for the liberalisation of maritime transport and co-ordinated resistance to fight maritime protectionism. The fight against maritime protectionism necessitates a united front of the EU with like-minded countries. Shipping requires open seas

YI SEUL KIM
Who Banned My Cheese? Is China’s 2018 Cabinet Restructuring Enough? 
Despite its remarkable growth, cheese imports in China have been banned on a number of occasions. This recent ban came in September 2017 and was placed on Italian Gorgonzola and Taleggio, French Camembert and Roquefort, and English Stilton. The ban lasted two months. It left many scratching their heads to understand what had happened, because these cheeses had been imported and consumed in China for decades and had shown no record of posing health risks in China. In fact, many expressed frustration and called it a political move, as they claimed that, if the same cheese had been produced in China, it would have been distributed to the consumers without facing regulatory challenges.


Articles

BRUNO ZELLER, RACHEL CHAN AND CAMILLA ANDERSEN
To Know or Not to Know in the CISG: Can an Analogy between CISG Articles 35 and 42 Challenge the Outcome of the 1995 New Zealand Mussels Case?
Since its signing in 1980, the Convention on Contracts for the International Sale of Goods (CISG) has attracted much attention in academia and has been the subject of a growing body of case law. This case law is an important element in shaping a shared international instrument of international sales, currently shared by 89 jurisdictions.1 Unsurprisingly, the majority of this case law concerns the conformity of the goods,2 and much of this hinges on communication and notice-giving from buyer to seller in the case of non-conformity. In the CISG, communication is a key principle, and a seller is relatively protected from late or poor communications regarding defects which the buyer did not communicate. The seller is also protected from claims of non-conformity of goods which the buyer knew or “could not have been unaware” of. This applies to claims of non-compliance of the properties of goods (art.35) as well as third-party rights (art.42). One (in)famous German case from 1995, namely the New Zealand Mussels case, has formedan accepted gold standard in knowledge standards, and it is this which this article will focus on, by questioning whether this accepted standard is in line with the interpretive methodology of the CISG.

CHIOS CARMODY
Small Changes in Big Times: The WTO’s Informal Mechanism on Procedural Innovation 
WTO dispute settlement has been tremendously successful since it was inaugurated in 1994. Nevertheless, certain systemic issues have arisen in its process, notably with respect to the scope of third-party rights, remand, private participation, mutually agreed solutions, delays and sequencing. These issues are likely to remain unresolved amidst the paralysis that currently engulfs the WTO as an organisation. A proposal by Canada in 2016 attempts to deal with some of them by establishing an Informal Mechanism for procedural innovation under the WTO Agreement. The Mechanism is an invitation to the WTO membership to circulate material for the development, documentation and sharing of novel practices and procedures in WTO dispute settlement, thereby allowing procedural innovation to proceed in an incremental, member-driven way without the need for either consensus or complete reciprocity. The Mechanism’s unilateral architecture is an imaginative effort to offer an alternative to treaty modification a time when both the dispute settlement system and the organisation are under stress.

MD. NEYAMUL ISLAM
Challenges in South Asian Free Trade
The South Asian Association for Regional Cooperation (SAARC) was created to neutralise the deep-rooted mistrust and asymmetries between the South Asian countries. The main objective of SAARC was to promote effective co-operation between the Member States. SAARC established a basic institutional framework of conceptualising and implementing programmes that are of regional significance. These co-operative arrangements also encourage the member countries to formulate common positions on vital economic and social issues on a global platform. Since its inception, SAARC has been gradually developing in conjunction with UN and other regional organisations. But, ironically, the development of SAARC has been symbolic rather than substantive. The main obstacle of SAARC is its institutional character. Bilateral problems and the unwillingness of political parties to integrate are also major problems in this region. This creates a gulf of difference between the adoption of broader policies at the highest political levels and their implementation at the root level. This gulf means that most of the measures taken by SAARC lack practical effectiveness. Moreover, the SAARC Secretariat and other regional centres have not taken any proactive actions similar to their counterparts such as the ASEAN. If these basic flaws are not addressed and cured, the objective of regional integration through SAARC will remain a distant dream.


Book Review

DAVID COLLINS
Proportionality, Reasonableness and Standards of Review in International Investment Law and Arbitration, by Valentina Vadi
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CONTACT US

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Katy Sadat
Publisher
Thomson Reuters
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Email: katy.sadat@thomsonreuters.com

For book reviews, please contact lucy.gardner@thomsonreuters.com

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