The Eu And The Wto
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Author | : Rike Krämer-Hoppe |
Publisher | : Springer Nature |
Total Pages | : 153 |
Release | : 2019-10-24 |
Genre | : Law |
ISBN | : 3030256626 |
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.
Author | : Cornelia Furculiță |
Publisher | : Springer Nature |
Total Pages | : 371 |
Release | : 2021-09-10 |
Genre | : Law |
ISBN | : 3030831183 |
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.
Author | : Gráinne de Búrca |
Publisher | : Hart Publishing |
Total Pages | : 343 |
Release | : 2001-09-27 |
Genre | : Law |
ISBN | : 1841131997 |
These essays attempt to explore and elucidate some of the legal and constitutional complexities of the relationship between the EU and the WTO.
Author | : Rafael Leal-Arcas |
Publisher | : Edward Elgar Publishing |
Total Pages | : 339 |
Release | : 2019 |
Genre | : Electronic books |
ISBN | : 1788977416 |
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.
Author | : |
Publisher | : World Trade Organization |
Total Pages | : 116 |
Release | : 2008 |
Genre | : Commercial policy |
ISBN | : 9287034958 |
Author | : Sanford E. Gaines |
Publisher | : Cambridge University Press |
Total Pages | : 521 |
Release | : 2012-08-02 |
Genre | : Law |
ISBN | : 1139560603 |
This comparison of EU and WTO approaches to common trade-liberalisation challenges brings together eighteen authors from Europe and America. Together they explore fundamental legal issues, such as the role of general principles of law, the role of the judiciary in the development of law, the effect of the principle of non-discrimination and the elimination of non-discriminatory barriers to trade. The contributions also examine the most recent developments in trade law across a full range of trade issues, including TBT and SPS, services, intellectual property, customs rules, safeguards, anti-dumping and government procurement. Adopting a comparative perspective throughout, this volume sheds light on today's trade law and suggests paths forward for each system through the perennial tensions between open, non-discriminatory trade and strongly held national values and objectives.
Author | : Alasdair R. Young |
Publisher | : Oxford University Press |
Total Pages | : 257 |
Release | : 2021-09-28 |
Genre | : Political Science |
ISBN | : 0192660470 |
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.
Author | : Petros C. Mavroidis |
Publisher | : Princeton University Press |
Total Pages | : 262 |
Release | : 2021-01-05 |
Genre | : Business & Economics |
ISBN | : 0691206597 |
"China's accession to the World Trade Organisation (WTO) in 2001 was hailed as the natural conclusion of a long march that started with the reforms introduced by Deng Xiaoping in the 1970s. However, China's participation in the WTO since joining has been anything but smooth, and its self-proclaimed "socialist market economy" system has alienated many of its global trading partners - as recent tensions with the United States exemplify. Prevailing diplomatic attitudes tend to focus on two diametrically opposing approaches to dealing with the emerging problems: the first is to demand that China completely overhaul its economic regime; the second is to stay idle and accept that the WTO must accommodate different economic regimes, no matter how idiosyncratic and incompatible. In this book, Mavroidis and Sapir propose a third approach. They point out that, while the WTO (as well as its predecessor, the General Agreement on Tariffs and Trade [GATT]) has previously managed the accession of socialist countries or of big trading nations, it has never before dealt with a country as large or as powerful as China. Therefore, in order to simultaneously uphold its core principles and accommodate China's unique geopolitical position, the authors argue that the WTO needs to translate some of its implicit legal understanding into explicit treaty language. Focusing on two core complaints - that Chinese state-owned enterprises (SOEs) benefit from unfair trade advantages, and that domestic companies (both private as well as SOEs) impose forced technology transfer on foreign companies as a condition for accessing the Chinese market - they lay out their specific proposals for successful legislative amendment"--.
Author | : Ulrike Will |
Publisher | : BRILL |
Total Pages | : 419 |
Release | : 2019-07-29 |
Genre | : Law |
ISBN | : 9004391053 |
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). The proposed framework offers a realistic approach which would be immune to disputes at the WTO and comply with international climate agreements while remaining economically feasible and straightforward to implement. The book offers a comprehensive analysis of the WTO cases that might have parallels to the unresolved case of BAs. It provides interpretations of vague legal terms of the applicable WTO agreements and guidance on how to balance between environmentally related and trade liberalising WTO rules. Typified constellations of BAs pave the way for a reform of the EU ETS Directive. The inclusion of legal findings in the context of economic theory and climate science allows for a meaningful discussion of the functioning of the BA, relevant markets and competitive effects of specific design proposals. The proposed framework also takes into account the prevention of extra-jurisdictional effects.
Author | : Qingjiang Kong |
Publisher | : World Scientific |
Total Pages | : 200 |
Release | : 2012-03-16 |
Genre | : Political Science |
ISBN | : 9814452149 |
The European Union (EU) has now become the largest trade partner of China. While Sino-US trade relations and particularly the high-profile trade disputes between the US and China get considerable academic attention for geopolitical reasons, less research has been done on the Sino-EU trade disputes that gradually loom large on the horizon. This book delves into the trade disputes between China and the EU and identifies the causes for trade disputes. It examines how the disputes will shape China-EU trade relations, and offers a macro overview on how the issues can be resolved or at least how they should be managed.This timely book sheds light on Sino-EU trade disputes, putting these in global perspective and enriching the literature in this regard.