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The Eu And The Wto
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Book Synopsis Positive Integration - EU and WTO Approaches Towards the "Trade and" Debate by : Rike Krämer-Hoppe
Download or read book Positive Integration - EU and WTO Approaches Towards the "Trade and" Debate written by Rike Krämer-Hoppe and published by Springer Nature. This book was released on 2019-10-24 with total page 147 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a new framework for the 'trade and environment' debate and discusses the ways in which the EU and the WTO address this topic: positive, negative and non-integration. It analyses areas like food safety and renewable energy from the perspectives of legal and political science, and economics, and includes contributions focusing on various approaches, such as harmonisation, regulatory cooperation and judicialisation. In the 21st century, especially in our current times, where free trade and economic integration are increasingly being called into question, it is even more vital to find convincing normative answers and ways to address the very complex relationship between trade and environmental policies. Debunking some of the myths concerning positive and negative integration and the relationship between the two, this book is a valuable contribution to the debate on globalisation.
Book Synopsis The WTO and the New Generation EU FTA Dispute Settlement Mechanisms by : Cornelia Furculiță
Download or read book The WTO and the New Generation EU FTA Dispute Settlement Mechanisms written by Cornelia Furculiță and published by Springer Nature. This book was released on 2021-09-10 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores interactions between the new generation EU FTA and the WTO dispute settlement mechanisms, adopting an innovative, comprehensive approach. It investigates how the mechanisms potentially could and actually do compete, conflict, and cooperate, focusing not only on the potential negative consequences of fragmentation, but also on how synergies could be enhanced. Thus, unlike the existing literature, which chiefly focuses on conflicting interactions, it considers positive and negative interactions alike. Moreover, the book explores the topic in light of the most recent changes in and challenges to the international trade law regime. Particular attention is paid to how the multilateral and bilateral mechanisms studied interact with regard to the current WTO dispute settlement crisis and the EU-backed multi-party interim appeal arbitration arrangement. Thus, the book provides up-to-date answers to compelling questions. It also examines in detail the new generation EU FTA dispute settlement mechanisms, an aspect which has not been the subject of thorough research to date.The book pursues an interdisciplinary approach, combining legal methodology, international relations and political science theories with interviews. Given its scope, the book will appeal to researchers and scholars whose work involves international trade law issues. However, it will also be of interest to general international law academics, as it touches upon such issues as fragmentation, forum shopping, and general rules of interpretation. Furthermore, by analysing and presenting proposals with regard to the new generation EU FTAs, it will also be pertinent to the work of EU policymakers and researchers studying EU trade law.
Book Synopsis The European Union and World Trade by :
Download or read book The European Union and World Trade written by and published by . This book was released on 1999 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union is the world's leading trading bloc, and this is one of the factors behind its prosperity. The brochure describes the EU's commercial policy and the role it plays in the World Trade organization. A number of important issues are highlighted: the growing significance of the service sector, rules on international investment and competition, measures to combat counterfeiting, technical standardisation and the relationship between trade and environment.
Book Synopsis EU and WTO Regulatory Frameworks by : Mary Farrell
Download or read book EU and WTO Regulatory Frameworks written by Mary Farrell and published by . This book was released on 1999 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt: Charts the development of the World Trade Organisation, and examines its role as regulator of the international trading system. The management of the trade policies of the 132 member countries so as to ensure compliance with the principles of trade liberalisation lies at the heart of the WTO's mandate. However, under the extended powers granted to the WTO as a result of the Uruguay Round settlement, in both trade liberalisation and dispute settlement, there lies ample ground for conflicts with the European Union's commercial policy. Mary Farrell considers whether the WTO is likely to impose constraints on EU commercial policy and thereby impinge on the sovereignty of the union as a whole, or whether the EU may continue to operate independently and in coexistence with the trade liberalisation agenda of the WTO.
Book Synopsis The EU and the WTO by : Gráinne de Búrca
Download or read book The EU and the WTO written by Gráinne de Búrca and published by Bloomsbury Publishing. This book was released on 2002-10-01 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in this volume attempt to explore and elucidate some of the legal and constitutional complexities of the relationship between the EU and the WTO,focusing particularly on the impact of the latter and its relevance for the former. The effect of WTO norms is evident across a broad range of European economic and social policy fields, affecting regulatory and distributive policies alike. A number of significant areas have been selected in this book to exemplify the scope and intensity of impact, including EC single market law, external trade, structural and cohesion funding, cultural policy, social policy, and aspects of public health and environmental policy. Certain chapters seek to examine the legal and political points of intersection between the two legal orders, and many of the essays explore in different ways the normative dimension of the relationship between the EU and the WTO and the legitimacy claims of the latter.
Book Synopsis Liberalising Trade in the EU and the WTO by : Sanford E. Gaines
Download or read book Liberalising Trade in the EU and the WTO written by Sanford E. Gaines and published by Cambridge University Press. This book was released on 2012-08-02 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comparison of developments in EU and WTO trade law and institutions suggests how each can learn from the other.
Download or read book EU Trade Law written by Rafael Leal-Arcas and published by Edward Elgar Publishing. This book was released on 2019 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive book provides a thorough analytical overview of the European Union’s existing law and policy in the field of international trade. Considering the history and context of the law’s evolution, it offers an adept examination of its common commercial policy competence through the years, starting with the Treaty of Rome up until the Treaty of Lisbon, as a background for understanding the EU’s present role in the World Trade Organization (WTO) framework.
Book Synopsis The EU and the WTO: Ever the Twain Shall Meet. by : Freya Baetens
Download or read book The EU and the WTO: Ever the Twain Shall Meet. written by Freya Baetens and published by Kluwer Law International B.V.. This book was released on 2023-04-25 with total page 574 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union (EU) and the World Trade Organization (WTO) are becoming ever more important players on the international legal scene, as well as points of reference for the development and functioning of similar institutions elsewhere. Both institutions initially had a relatively small trade-focused mandate, which has been significantly expanded over the past decades so that there are few legal issues today that are not, in some way, affected by EU or, perhaps to a lesser extent, WTO law. Today, the EU and the WTO interact on a global scale as rule-makers and – enforcers, with repercussions for the entire world’s population. Nevertheless, they are currently experiencing a backlash. Both institutions are likely to undergo major reform in the next years: the book scrutinizes current proposals and makes an educated attempt at predicting upcoming changes in the EU and the WTO format. For this reason, the book takes a macro-approach looking at the EU and the WTO in a broader context as well as a micro-approach analysing specific high-profile issues, including: the EU, the WTO and Brexit; environmental sustainability in EU competition law and free trade agreements; the EU’s proposed Carbon Border Adjustment Mechanism (CBAM); WTO safeguards and rules of origin in services; reform of WTO dispute settlement procedures and the Appellate Body; the WTO, the EU Green Deal and renewable energy investment; EU external relations with Mercosur, the EEA and Switzerland; EU human rights law and the freedom of artistic expression; and international trade law’s contribution to combatting pandemics. Contributors to the book are experts active in legal academia, international legal practice, or both, who wish to honour Marco Bronckers, upon his retirement from the Chair of WTO and EU Law at the University of Leiden. A variety of audiences stands to benefit from the book’s discussion and proposed solutions: legal practitioners, scholars and students of international and European law; as well as related disciplines, such as political science and economic theory.
Download or read book WTO Law written by Birgitte Egelund Olsen and published by Kluwer Law International B.V.. This book was released on 2012-02-01 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union (EU) and the World Trade Organization (WTO) share the distinction of having proven themselves as the two most successful large-scale international trade regulation regimes. This very useful book analyses the core legal concepts and rules that characterise the regulation of trade in the WTO. At the heart of the analysis is a comparison of WTO rules with parallel rules in the EU trade system, revealing how similar trade issues are dealt with in the two systems – a perspective that not only sheds light on how WTO law and EU law interact, but also greatly facilitates an understanding of the special features of WTO law for readers who are more familiar with EU law. Within this framework, the authors explore such key trade issues as the following: dispute settlement; implementation of judicial decisions and enforcement; principles of non-discrimination; trade in goods; non-discriminatory restrictions as barriers to trade; exceptions from trade-liberalisation obligations; trade and environmental protection;trade in agricultural products; conditions for applying safeguard and anti-dumping measures; prohibited and actionable subsidies; regulation of services; protection of intellectual property rights; regional trade agreements; special and differential treatments; government procurement; competition policy; and regulation of investment. As a timely and accessible analysis of the WTO and its interaction with the EU, this book is sure to be welcomed by international trade professionals, government officials, and interested academics, students, and researchers.
Book Synopsis Supplying Compliance with Trade Rules by : Alasdair R. Young
Download or read book Supplying Compliance with Trade Rules written by Alasdair R. Young and published by Oxford University Press. This book was released on 2021-09-28 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trade agreements have become politicized in part because of public concerns that trade rules constrain regulatory decisions. How much international obligations constrain state behaviour, however, is contested in the International Relations literature. This book seeks to explain whether, why, and how jurisdictions comply with inconvenient international obligations. It does so through detailed process tracing of European Union (EU) policies found incompatible with World Trade Organization (WTO) rules: its ban on hormone-treated beef, its banana trade regime, its moratorium on the approval of genetically modified crops, its sugar export subsidies, and its anti-dumping duties on bed linen from India. It uses the adverse rulings as the 'treatment' in a 'natural experiment', contrasting the policy-relevant politics before and after each ruling. The case studies are supplemented by a qualitative comparative analysis of all EU policies found to contravene WTO rules that had to be changed by the end of 2019. The book contributes to debates on the impact of international institutions, on the effectiveness of the WTO, and on the nature of the EU as an international actor. It argues that the preferences of policy makers (the 'supply' of policy change) matter more than demands from societal actors in determining whether compliance occurs. It also argues that while policy change in response to adverse WTO rulings is the norm (good news for trade), WTO members do resist obligations that would compromise cherished policy objectives (good news for legitimacy). This volume contends that the EU's compliance performance is like that of most WTO members; it is not a unique international actor.
Book Synopsis The EU, the WTO and China by : Francis Snyder
Download or read book The EU, the WTO and China written by Francis Snyder and published by Bloomsbury Publishing. This book was released on 2010-09-02 with total page 534 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a new theoretical framework for understanding the regulation of international trade. For this purpose, it analyses a series of integrated studies of relations between the EU, the WTO and China. It consists of three main parts. Part I introduces the basic concepts. It surveys the literature on law and globalisation, introduces the concept of sites of governance and the theory of global legal pluralism and sketches the foundations of global legal pluralism. It shows that each site of governance has both a structural dimension, consisting of institutions, norms and dispute resolution processes, and a relational dimension, comprising its relations with other sites of governance. The totality of sites of governance constitutes a new form of global legal pluralism. Part II analyses global legal pluralism in action in relations between the EU, the WTO and China. It examines the construction of relations between sites, ways in which relations between sites give rise to new legal concepts or transform the character of rules, the tension between regionalism and international integration and the governance of international production networks. It emphasises the reciprocal interaction between the structural features and the relational features of sites. Part III explores new directions in global legal pluralism. It first analyses regional trade agreements as a way of creating new sites of governance, focusing on agreements involving China. Then it considers how to enhance ethical values in international trade regulation. Based on an institutional analysis of relations between the WTO and other sites of governance, it proposes ways in which global legal pluralism can be used to reform the WTO, today the predominant institution in the regulation of international trade, including trade between the EU and China.
Book Synopsis The International Legal Responsibility of the European Union in the Context of the World Trade Organization in Areas of Non-Conferred Competences by : Plarent Ruka
Download or read book The International Legal Responsibility of the European Union in the Context of the World Trade Organization in Areas of Non-Conferred Competences written by Plarent Ruka and published by Springer. This book was released on 2017-05-11 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work focuses on the EU’s participation in the Dispute Settlement Proceedings (DSP) of the WTO for matters of non-conferred competences. The underlying thesis is that the joint membership of the EU and its Member States is fallacious, in that it could cause the EU to become responsible for violations of the WTO regulations on the part of the Member States. Such fallacies are rooted in the blurred nature of the distribution of powers in the EU polity.In order to tackle the issue of international responsibility, the analysis is based on the facts of a real-world case. Based on the tenets of public international law, the law of mixed agreements and the EU constitutional principles, the book puts forward a model for the EU’s participation in the DSP, and for the reallocation of burdens to the respective responsible entity. This proposition deconstructs the joint responsibility regime and endorses a solution that could address the issue of responsibility in mixed agreements without a declaration of powers.
Book Synopsis Trade and Competition Law in the Eu and Beyond by : Inge Govaere
Download or read book Trade and Competition Law in the Eu and Beyond written by Inge Govaere and published by Edward Elgar Publishing. This book was released on 2011-10-01 with total page 509 pages. Available in PDF, EPUB and Kindle. Book excerpt: This well-documented book comprises a stellar cast of European and American authors delivering an overview of cutting edge issues in the areas of trade and competition law, arising in the EU and beyond. Written from an international perspective, hotly debated topics include: challenges in international monetary law; the EU and free trade; treaty interpretation; WTO dispute settlement; the domestic law effect of the WTO in the EU and public and private enforcement of competition law, amongst many others. Set out to become a key work of reference for many legal practitioners, policy makers and academics alike across the globe, Trade and Competition Law in the EU and Beyond uniquely tackles the two very different, yet related, topics of trade and competition law.
Book Synopsis Climate Border Adjustments and WTO Law by : Ulrike Will
Download or read book Climate Border Adjustments and WTO Law written by Ulrike Will and published by BRILL. This book was released on 2019-07-29 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Climate Border Adjustments and WTO Law, Ulrike Will develops a convincing reform proposal for a climate border adjustment (BA) on imports within the EU Emission Trading System (ETS), which would be immune to disputes at the WTO and comply with international climate agreements while remaining economically feasible and straightforward to implement.
Book Synopsis Regulating Trade in Services in the EU and the WTO by : Ioannis Lianos
Download or read book Regulating Trade in Services in the EU and the WTO written by Ioannis Lianos and published by Cambridge University Press. This book was released on 2012-03-22 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume assesses the viability of various theories of economic integration that take into account the legal, economic, political and social challenges of incorporating free trade with retaining the plurality of social welfare standards and consumer protection. Chapters cover the governance of trade in services at the European and global level; studies on the recent Services Directive and how this interacts with the principle of managed mutual recognition and harmonization in different sectors of trade in services (social services, financial services); the recent case law of the European Courts on the enforcement of the principle of free movement of services and how this accommodates various national public interest concerns; and the interaction of the freedom to provide services with fundamental rights, including social rights. The operation of the principle of managed mutual recognition in other economic integration regimes, in particular in the context of the WTO, is also discussed.
Book Synopsis Trade, Health and the Environment by : Marjolein van Asselt
Download or read book Trade, Health and the Environment written by Marjolein van Asselt and published by Routledge. This book was released on 2013-10-30 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: The trade conflicts that the EU has faced within the EU or WTO context demonstrate that the question of how to balance trade and other societal values in situations of uncertainty has not been solved by the regulatory model evolved by the EU in the aftermath of the BSE crisis – one which privileges processes of depoliticisation and scientification. This book addresses the current key dilemmas around science, law and the regulation of trade, both on a regime level and in the context of particular industrial sectors, e.g pharmaceuticals, climate change and nanotechnology. It will present possible future research avenues by looking at both theory and practice and learning from various disciplines (law and social sciences), legal realities (WTO, USA and EU) and actors (regulators, stakeholders, courts).
Book Synopsis The European Union and the World Trade Organisation - Two governance systems in trade policy: A selection of their differences, similarities and mutual influences by : Joanna Mastalerek
Download or read book The European Union and the World Trade Organisation - Two governance systems in trade policy: A selection of their differences, similarities and mutual influences written by Joanna Mastalerek and published by GRIN Verlag. This book was released on 2004-04-16 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2004 in the subject Politics - Topic: European Union, grade: 1,0 (A), Hamburg University of Ecomomy and Policy (Political Science), course: Globalisation and European Governance, language: English, abstract: In general terms, both the European Union (EU) and the World Trade Organization (WTO) can be described as governance systems: “Governance is about the structured ways and means in which the divergent preferences of interdependent actors are translated into policy choices to allocate values, so that the plurality of interests is transformed into co-ordinated action and the compliance of actors is achieved.”1 This essay cannot reflect all aspects of the two governance systems, but is limited to a selection of their differences, similarities and mutual influences. After the opening remark alludes to a similarity, the differences will be touched upon next. The individual characteristics of the EU and the WTO become particularly obvious in the institutional set-ups of the two organisations: In the case of the EU one deals with a supranational organisation, what means that the current 15 member states partly transfer sovereign rights to the organisation, thus rendering the EU a partly independent and powerful policy actor. In comparison, the WTO is an intergovernmental organisation, in which its 146 members negotiate without transferring any sovereignity to the organisation, thus depriving the WTO of any independence in policy decisions 2. The WTO is a broad international organisation, its members accounting for over 90 % of all trade in the world, whereas the EU, being a member of the WTO, is a geographically limited and closely integrated organisation. Even though the EU represents just 6 % of the world’s population, it accounts for more than a fifth of global imports and exports3. Concerning the relationship between the two organisations, their origins had an important influence: The WTO was founded in 1995 as a successor of the General Agreement on Tariffs and Trade (GATT) from 1947. [...] 1 Beate Kohler-Koch/ Rainer Eising (eds.): The Transformation of Governance in the European Union. London, New York: Routledge, 1999, p. 5. 2 Mary Farrell (ed.): EU and WTO regulatory frameworks. Complementarity or competition? London: Kogan Page, 1999, p. 44. 3 European Union: Making globalisation work for everyone.The European Union and world trade. Luxembourg: Office for Official Publications of the European Communities, 2003, p. 4.
