The Future of Trade Defence Instruments
The Future of Trade Defence Instruments

Author: Marc Bungenberg

Publisher: Springer

Published: 2018-10-29

Total Pages: 318

ISBN-13: 3319953060

DOWNLOAD EBOOK

This EYIEL Special Issue is devoted to the European Union’s Trade Defence Instruments (TDIs). The recent legislative changes at the EU level are indicative of global policy trends and legal challenges surrounding trade remedies law. Although TDI measures have always been a fiercely debated topic in international economic law, they have received increased attention in recent years. This book offers a comprehensive and insightful legal analysis of the recent legislative changes at the EU level and investigates TDIs in the context of regional trade relationships, including the United Kingdom in post-Brexit times. Beyond the EU, it examines the national trade defence law frameworks of important trading partners such as Switzerland, the United States, China and Vietnam.The selected contributions in this edited volume examine the recent trends in trade defence law from a legal and practical perspective and offer analytical insights from EU officials, legal practitioners and leading academics. A unique collection of essays in a changed global framework, this EYIEL Special Issue provides an up-to-date overview of the state of play of trade defence in the EU and around the globe.

The European Union’s Trade Defence Modernisation Package
The European Union’s Trade Defence Modernisation Package

Author: Patricia Trapp

Publisher: Springer Nature

Published: 2022-01-03

Total Pages: 342

ISBN-13: 3030913635

DOWNLOAD EBOOK

Anti-dumping and anti-subsidy measures are the most important elements of the European Union's trade defence instruments. Since the beginning of the European integration process, they have been used to combat trade practices which are considered "unfair" and their distortive effects on competition in the internal market. However, while the imposition of trade defence measures aims to level the playing field between EU producers and their foreign competitors, it also produces negative effects on competition itself. Based on the role attributed to competition and trade defence policy respectively throughout the European integration process, this book argues that the trading bloc's trade defence instruments should not be designed or applied with the objective of granting maximum protection to EU producers, but that their use should be limited to what is necessary to ensure fairness in competition between EU producers and exporting producers. However, an analysis of the changes made to the European Union's Basic Anti-Dumping Regulation and the Basic Anti-Subsidy Regulation by the Trade Defence Modernisation Package reveals that several aspects of the European Union's modernised trade defence instruments do not meet this requirement. Rather than being limited to offsetting the unfair competitive advantages of producers practicing dumping or benefiting from subsidies, the reformed provisions go beyond this, distorting competition in favour of the EU industry instead. Furthermore, the book critically assesses the reformed rules relating to the integration of social and environmental aspects in the imposition of anti-dumping or anti-subsidy measures as well as the modernised basic regulations’ compatibility with WTO law.

A Concise Guide to the EU Anti-dumping/anti-subsidies Procedures
A Concise Guide to the EU Anti-dumping/anti-subsidies Procedures

Author: Themistoklis K. Giannakopoulos

Publisher: Kluwer Law International B.V.

Published: 2006-01-01

Total Pages: 246

ISBN-13: 9041124640

DOWNLOAD EBOOK

Unfair trading practices such as dumping and the granting of subsidies have long been identified as threats to open markets. Yet despite decades of international trading rules, global markets are still jeopardized by practices which can cause material injury to industries and put employment at risk. The European Union has been a leader in its determination to ensure that its industries are not disadvantaged by such practices, that Community interests are defended, and that fair competition is restored where needed. The basic texts which form the legal basis of anti-dumping and anti-subsidy investigations in the Community entered into force in 1996 and 1997. The procedures developed in these texts, as amended, and in their corresponding regulations, are the subject of this extremely helpful guide. Practitioners who must follow these often complex procedures will find precise guidelines for the substantive determinations that must be made such as calculating the material injury, determining the cause of injury, and applying the Community interest test and then be able to move confidently through every procedural step, including the following: Initial complaintQuestionnairesConfrontation meetings and oral hearingsInvestigations by Commission official;Offer and acceptance /rejection of undetaking;Commenting on the Commission's provisional decisionRequesting review of measures and refunds andJudicial review Throughout the presentation the author describes relevant cases and actual measures taken. Tables of cases and measures as well as a bibliography are included. Business people and their counsel, whether engaged in trade within the EU or between any country and an EU Member State, will benefit enormously from the detailed guidance offered in this incomparable volume. The book will also be invaluable to academics and policymakers as an unclouded analysis of anti-dumping/anti-subsidies procedures under EC law.

EU Anti-dumping and Other Trade Defence Instruments
EU Anti-dumping and Other Trade Defence Instruments

Author: Ivo Van Bael

Publisher: Kluwer Law International B.V.

Published: 2011-01-01

Total Pages: 1396

ISBN-13: 9041131175

DOWNLOAD EBOOK

The authors [of this fifth edition] from the firm "Van Bael & Bellis" cover every issue likely to arise in any trade defence matter, including all of the following and more : determining the dumping and injury margins ; determining the subsidy margin ; determining the causal link between dumping or subsidy and injury ; determining if 'Union interest calls for intervention ; differences between anti-dumping and anti-subsidy legislation ; procedural rules applicable to complaints, initiation of proceedings, investigations, protective measures, reviews, and refunds; conditions for accepting an undertaking; measures that may be taken to prevent circumvention of anti-dumping measures ; rules for the determination of permissible adjustments ; rules governing the standing of various interested parties before the European Courts ; rules and procedure applicable to non-market economy countries ; special rules on products originating in a developing country ; allocation and administration of quantitative quotas ; surveillance measures ; and whether and to what extent safeguard measures are subject to judicial review.

Greening Trade Remedies
Greening Trade Remedies

Author: Pieter Van Vaerenbergh

Publisher: Springer Nature

Published: 2023-09-28

Total Pages: 233

ISBN-13: 3031381726

DOWNLOAD EBOOK

This book explores the role of trade remedies in liberalising environmental trade and discouraging environmentally harmful trade. As trade remedies can pose a significant obstacle to environmental trade, this book outlines how trade negotiators can implement restrictions on the application of trade remedies on environmental goods. It also assesses whether and how investigating authorities can account for differences in environmental protection standards in trade remedy investigations and considers what a possible 'trade remedy' for environmental harm might look like. Although the book concludes that trade remedies will remain a trade instrument primarily driven by economic and competitiveness concerns, it demonstrates how environmental considerations can guide trade remedy policy, how investigating authorities can properly account for the environmental costs of production, and how the limited policy space available in the WTO Agreements on Trade Remedies can be used to pursue green policy goals.

Law and Practice of the Common Commercial Policy
Law and Practice of the Common Commercial Policy

Author: Michael Hahn

Publisher: Studies in Eu External Relatio

Published: 2020-12-17

Total Pages: 622

ISBN-13: 9789004393400

DOWNLOAD EBOOK

Présentation de l'éditeur : "Law and Practice of the Common Commercial Policy provides a critical analysis of the European Union (EU)'s trade law and policy since the Treaty of Lisbon. In particular, it analyses the salient changes brought by the Treaty of Lisbon to the Common Commercial Policy (CCP), focussing on the relevant case law of the Court of Justice of the European Union (ECJ), EU free trade agreements, investment protection, trade defence, institutional developments and the nexus between the CCP and other EU policies. The volume brings together a group of distinguished authors, including former and current members of the ECJ, practitioners, officials from EU institutions and Member States and leading scholars in the area of EU trade and external relations law."

Global Politics and EU Trade Policy
Global Politics and EU Trade Policy

Author: Wolfgang Weiß

Publisher: Springer Nature

Published: 2020-02-24

Total Pages: 281

ISBN-13: 3030345882

DOWNLOAD EBOOK

This book explores how the European Union designs its trade policy to face the most recent challenges and to influence global policy issues. It provides with an interdisciplinary perspective, by combining legal, political, and economic approaches. It studies a broad set of trade instruments that are used by the EU in its trade policy, such as: trade agreements, multilateral initiatives, unilateral trade policies, as well as, internal market tools. Therefore, the contributions to this volume present the EU’s Trade Policy through different lenses providing a complex view of it.

The Trade Policy of the European Union
The Trade Policy of the European Union

Author: Sieglinde Gstöhl

Publisher: Bloomsbury Publishing

Published: 2017-11-25

Total Pages: 242

ISBN-13: 1349935832

DOWNLOAD EBOOK

This comprehensive and clearly written textbook offers a long-awaited introduction to the trade policy of the European Union, the world's largest trading entity. Gstöhl and De Bièvre provide a comprehensive assessment of the common commercial policy, its relationship with other policies, like development policy, and of the EU's multi-level policy-making and international bargaining in this area. As well as providing a broad overview of the nature and development of the EU's trade policy, the authors analyse how relevant institutions and decision-making processes are organized and how this set-up fosters particular policy outcomes. Gstöhl and De Bièvre show how the thorough and critical study of EU trade policy can be conducted from an interdisciplinary viewpoint, enabling the student to tackle the ever-evolving political, economic, and legal questions that arise. Given the accessible writing, this book is recommended for both undergraduate and Master's students studying the EU and Europe in their Politics, International Relations, Economics or Law degrees, as well as those focusing on international trade policy.

Business Lobbying and Trade Governance
Business Lobbying and Trade Governance

Author: Jappe Eckhardt

Publisher: Springer

Published: 2015-08-11

Total Pages: 135

ISBN-13: 1137325445

DOWNLOAD EBOOK

This book provides an innovative account of how the globalization of production and the emergence of global value chains impacts on trade preferences, lobby strategies and the political influence of EU firms. It sheds new light on the complex EU-China trade relations.

Linkage Power Europe
Linkage Power Europe

Author: Zhang Xiaotong

Publisher: Taylor & Francis

Published: 2023-04-20

Total Pages: 272

ISBN-13: 1000889513

DOWNLOAD EBOOK

This book looks at the history of the EU’s trade negotiations with China from 1975 to 2019 from a distinctive perspective – the EU as a linkage power. The author explains how the EU through linkage strategies speaks with one voice, overcomes its weakness in military capabilities and translates its non-military capabilities into advantages and influences in some specific policy areas. The book systematically traces the European negotiators’ tactics in managing the EU’s trade relations with China. It’s the first time that the history of EU–China trade negotiations is presented to the public by a seasoned trade negotiator. The author, combining the identities of a negotiator and a scholar, gives a panoramic view of EU–China trade relations from 1975, when the European Economic Community established diplomatic relations with China, to 2019 when the Juncker Commission leaves office. This book will appeal to policymakers, think-tankers, professors and students, as well as anyone who is interested in trade policies and negotiations in the EU and China. The Open Access version of this book, available at www.taylorfrancis .com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.