Overview
Our research project for this 2020-2022 period covers following issues;
- Development of multilateral rules on digital trade: WTO: Advanced rules in recent FTAs/EPAs; WTO negotiation on e-commerce, specific issues regarding DFFT (privacy and cyber security, in particular), other related issues including multilateral digital taxation, competition law and policy for digital platforms.
- International economic law on competitive neutrality: concept proposal on industrial subsidies issued by the Trilateral Trade Ministers; market distortion caused by public support for the "Made in China 2025" project and their WTO-consistency; sectoral subsidy/SOE issues in civil aircraft, shipbuilding and semi-conductors.
- Studies on WTO case law and dispute settlement procedure: review of recent WTO cases; the Appellate Body crisis.
May 1, 2020 - April 30, 2022
Major Research Results
2022
RIETI Discussion Papers
- 22-E-055
"When Europe Dances with the Dragon: Legal novelties and the policy implications of the China–EU investment agreement" (Alisher UMIRDINOV) - 22-E-054
"Effect of Trade Restrictive Provisions with Due-diligence on Bilateral Trade Flows: The case of the US regulation on conflict minerals" (HIGASHIDA Keisaku, MURAKAMI Shinsuke and SHINKUMA Takayoshi) - 22-J-021
"Regulation on Market Distortion Caused by Government Data-sharing Policies: Applicability of WTO Agreement on Subsidies and Countervailing Measures" (WATANABE Shota) - 22-J-019
"China's Data Governance: Data transactions via the market and national security" (WATANABE Mariko) - 22-J-016
"Legitimacy of the Criticism by the United States against the Trade Remedy Findings of the WTO Appellate Body in Connection with its Refusal to Appoint Appellate Body Members" (UMEJIMA Osamu)
2021
RIETI Discussion Papers
- 22-J-015
"International Standard-Setting for Smart Cities―Some Insights from China's Standard Draft Regarding Public Health Emergencies" (NAIKI Yoshiko) - 22-J-009
"Strengthened Regulations for Digital Platform Businesses in China: Focusing on the Anti-Monopoly Law" (KAWASHIMA Fujio) - 22-J-004
"Digital Trade Agreements, Protection of Personal Information and Data Governance" (ISHII Yurika) - 21-J-051
"The Critique from the U.S. Against the WTO's Appellate Body: Revisiting the "Legitimate Regulatory Distinction" Test under the TBT Agreement" ((NAIKI Yoshiko) - 21-J-038
"Recent Trends in the Digital Services Tax" (FUCHI Keigo) - 21-J-035
"A Study on Schrems II Judgement of the European Court of Justice on International Data Flows―With a Focus on Its Effects on the Data Free Flow with Trust Initiative" (WATANABE Shota) - 21-J-034
"Evolution of the Treaty Interpretation on the Issue of Targeted Dumping: Is it a Clarification of a Treaty or ‘Gap Filling’?" (MIYAOKA Kunio)
RIETI Policy Discussion Papers
- 22-P-004
" [WTO Case Review Series No.38] Australia — Certain Measures Concerning Trademarks, Geographical Indications and Other Plain Packaging Requirements Applicable to Tobacco Products and Packaging (WT/DS435/441/458/467/R, WT/DS435/441/AB/R): WTO Agreement Consistency of Measures Restricting the Use of Trademarks Aimed at Reducing Consumption" (ITO Kazuyori) - 21-P-016
"China and CPTPP" (WATANABE Mariko, KAWASHIMA Fujio, KAMO Tomoki and KAWASE Tsuyoshi) - 21-P-014
"[WTO Case Review Series No.37] Russia — Measures Affecting the Importation of Railway Equipment and Parts Thereof: Clarification of Framework for Applying TBT Article 5" (HEIKE Masahiro) - 21-P-013
"[WTO Case Review Series No.36] Russia – Tariff Treatment of Certain Agricultural and Manufacturing Products (DS485): Moving Targets and Measures with Systematic Application" (SHIMIZU Mari)
2020
RIETI Discussion Papers
RIETI Policy Discussion Papers
- 20-P-030
"[WTO Case Review Series No.35] Korea – Import Bans, and Testing and Certification Requirements for Radionuclides (WT/DS495): Issues under the SPS Agreement regarding certain trade regulations by Korea on Japanese food products based on radioactive contamination concerns" (SO Hongbum) - 20-P-025
"[WTO Case Review Series No.34] China – Tariff Rate Quotas for Certain Agricultural Products (WT/DS517): The Interpretation of the Report of the Working Party on the Accession of China, and the Relationship between this Dispute and the U.S.-China Phase One Deal" (HIRAMI Kenta) - 20-P-024
"[WTO Case Review Series No.33] China – Domestic Support for Agricultural Producers (DS511): Calculation of Market Price Support" (SEKINE Takemasa)