The WTO and the New Generation EU FTA Dispute Settlement Mechanisms

The WTO and the New Generation EU FTA Dispute Settlement Mechanisms

Author: Cornelia Furculiță

Publisher: Springer Nature

Published: 2021-09-10

Total Pages: 371

ISBN-13: 3030831183

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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.


The External Action of the European Union

The External Action of the European Union

Author: Sieglinde Gstöhl

Publisher: Bloomsbury Publishing

Published: 2021-03-26

Total Pages: 374

ISBN-13: 1350928828

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This groundbreaking new textbook offers extensive coverage of EU External Action studies, from its major concepts to the key theories in the field. Over the past decades, the European Union has progressively developed into a significant global actor in an increasing number of policy fields. This long-awaited volume looks into different ways of conceptualizing the EU as a global actor, the processes and impact of EU external action, explanations offered by IR and integration theories, the discursive, normative, practice and gender 'turns', and the 'decentring agenda' for EU external action. The book offers a reader-friendly guidance on these various ways in which to study the EU as a global actor: each chapter introduces one concept, approach or theory and illustrates its application by a case study of EU external action. In drawing the different perspectives together, the book underscores that 'EU External Action Studies' is becoming an academic speciality in its own right. Written by leading experts, the volume will make essential reading for students, scholars and practitioners of EU external action. EU External Action Studies nowadays attract attention from scholars and students in International Relations (IR), Foreign Policy Analysis and (interdisciplinary) EU Studies, as well as from practitioners.


The EU and the WTO: Ever the Twain Shall Meet.

The EU and the WTO: Ever the Twain Shall Meet.

Author: Freya Baetens

Publisher: Kluwer Law International B.V.

Published: 2023-04-25

Total Pages: 574

ISBN-13: 940354886X

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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.


CETA Implementation and Implications

CETA Implementation and Implications

Author: Robert G. Finbow

Publisher: McGill-Queen's Press - MQUP

Published: 2022-09-15

Total Pages: 321

ISBN-13: 0228012767

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The Canada–European Union Comprehensive Economic and Trade Agreement (CETA) is hailed as the gold standard for trade agreements. It addresses tariffs on traded goods, favoured status for EU and Canadian exporters, trade in services, and technical barriers to trade, while also seeking coordination between government agencies to promote regulatory cooperation, harmonization, and mutual recognition of standards. As the world retreats towards populism and protectionism, CETA Implementation and Implications provides a vital examination of this contemporary economic collaboration between developed states, which serves as a model for other progressive regional trade agreements. This book offers the first in-depth, comprehensive assessment of CETA, covering many of its most important elements and exploring its obstacles, accomplishments, and early effects. Based on the European Commission-funded Erasmus+ Jean Monnet Project on CETA Implementation and Implications, which linked scholars and stakeholders across Europe and North America to analyze and evaluate the implementation and impacts of the agreement, this book covers regulation, procurement, the environment, the innovative investment disputes system, labour mobility and labour relations, bilateral governance instruments, and the implications for EU trade policy of CETA’s contested ratification. Uniquely interdisciplinary and featuring contributors from around the world, CETA Implementation and Implications provides a nuanced and balanced assessment of this landmark trade agreement and its effects on regional and global trade in turbulent times.


The Sustainability Revolution in International Trade Agreements

The Sustainability Revolution in International Trade Agreements

Author:

Publisher: Oxford University Press

Published: 2024-08-01

Total Pages: 426

ISBN-13: 019888690X

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Once seen as aspirational and relatively innocuous, 'sustainability' or 'sustainable development' provisions are now changing the face of international trade agreements. The Sustainability Revolution in International Trade Agreements gathers fundamental, first-hand analyses of these novel commitments across dozens of agreements, considering their legal, political, and economic aspects. Drawing on perspectives from different parts of the world and engaging experts in the law and practice of sustainability provisions, this volume offers a comprehensive assessment of the latest developments and innovations in international trade agreements. It also evaluates the development challenges that sustainability requirements pose for countries with limited resources and capacity, for whom lower labour and environmental regulatory costs have been a competitive asset. The present volume explores the intersectional aspects of sustainability - such as gender equality, biodiversity, animal welfare, and Indigenous rights - in addition to the more traditional dimensions of sustainability, namely economic development, environmental conservation, and improvement of labour standards. There is little doubt that a sustainability revolution in global production patterns is needed. Considering the details of its operation - how it can come into being, who will bear the increased production costs, and how decisions on difficult trade-offs will be made - reveals the immense challenges involved in developing a new international law for sustainable trade. Read together, the chapters in this volume outline the contours this emerging legal framework, examine its practical operation, and offer important reflections upon the real extent and the foreseeable consequences of this sustainability revolution in international trade agreements.


Enhancing the Rule of Law in the European Union’s External Action

Enhancing the Rule of Law in the European Union’s External Action

Author: Luis M. Hinojosa-Martínez

Publisher: Edward Elgar Publishing

Published: 2023-07-01

Total Pages: 373

ISBN-13: 1035312328

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This timely book scrutinises the mechanisms for guaranteeing respect for the rule of law in the European legal system. Focusing on external relations, it assesses the capacity of the EU to disseminate these values as a global actor and offers novel suggestions for how this capacity could be exercised more effectively.


Cultural Heritage in the European Union

Cultural Heritage in the European Union

Author: Andrzej Jakubowski

Publisher: BRILL

Published: 2019-05-15

Total Pages: 528

ISBN-13: 9004365346

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Cultural Heritage in the European Union provides a critical analysis of the laws and policies which address cultural heritage throughout Europe, considering them in light of the current challenges faced by the Union. The volume examines the matrix of organisational and regulatory frameworks concerned with cultural heritage both in the Union and its Members States, as well as their interaction, cross-fertilisation, and possible overlaps. It brings together experts in their respective fields, including not only legal, but also cultural economists, heritage professionals, government representatives, and historians. The diverse backgrounds of the authors offer a cross-disciplinary approach and a variety of views which allows an in-depth scrutinisation of the latest developments pertaining to cultural heritage in Europe.


Regulation (EU) NO 608/2013 Concerning Customs Enforcement Of Intellectual Property Rights

Regulation (EU) NO 608/2013 Concerning Customs Enforcement Of Intellectual Property Rights

Author: Olivier Vrins

Publisher: Kluwer Law International B.V.

Published: 2024-04-17

Total Pages: 268

ISBN-13: 9403514981

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Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph provides a survey and analysis of the rules concerning Regulation (EU) No 608/2013 Concerning Customs Enforcement of Intellectual Property Rights. It covers every type of intellectual property right in depth – copyright and neighbouring rights, patents, utility models, trademarks, trade names, industrial designs, plant variety protection, chip protection, trade secrets, and confidential information. Particular attention is paid throughout to recent developments and trends. The analysis approaches each right in terms of its sources in law and in legislation, and proceeds to such legal issues as subject matter of protection, conditions of protection, ownership, transfer of rights, licences, scope of exclusive rights, limitations, exemptions, duration of protection, infringement, available remedies, and overlapping with other intellectual property rights. The book provides a clear overview of intellectual property legislation and policy, and at the same time offers practical guidance on which sound preliminary decisions may be based. Lawyers representing parties with interests in Regulation (EU) No 608/2013 Concerning Customs Enforcement of Intellectual Property Rights will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law.