The digital economy is dynamic, fast expanding, and truly global. The legal framework that currently applies to the digital economy is either divided, fragmented, ad hoc, out of date, or nonexistent. Some legal initiatives quixotically aim at stopping cross-border data flows, reflecting consumer fears regarding privacy and security or government fears about losing tax revenue. The fragmented regulatory environment does not help companies ‘scale up’ digital technologies; in turn, this hampers innovation and global economic growth. In addition, some less digitally developed actors complain that current rules allow or even foster unfair competition. This article proposes a new and global legal framework for the digital economy: structured cooperation between states and companies under the administration of an autonomous body. States may resist giving up sovereignty, and citizens may fear erosion of their legal rights. However, uniform, consistent, and enforceable rules would benefit both states and citizens. Tax revenue could be fairly assessed and distributed, for example, and citizens and businesses would no longer face divergent privacy and security rules. Regulation would become more legitimate because both public and private stakeholders would participate in rulemaking, including smaller players and digital latecomers. Companies that subscribe to the framework would receive a global ‘trust mark’ that would boost consumer confidence. In sum, a global legal framework, as contemplated, would match the global character of activities in the digital economy
The inward processing regime (‘IPR’) allows EU companies to temporarily bring goods into the EU customs territory for processing without releasing them for free circulation on the EU market – and thus without incurring anti-dumping duties. This special situation raises questions on how imports made under the IPR are to be treated in anti-dumping investigations. A survey of the European Commission’s practice on the treatment of imports made under the IPR reveals an inconsistent approach and a lack of reasoning that could explain the sometimes diametrically opposed conclusions drawn from seemingly similar fact patterns. European Union, European Commission, trade defense, anti-dumping, inward processing, inward processing regime, EU anti-dumping law
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