scholarly journals Rethinking non-recognition: The EU’s Investment Agreement with Taiwan under the One-China Policy

2020 ◽  
Vol 33 (3) ◽  
pp. 689-712
Author(s):  
Pasha L. Hsieh
Keyword(s):  
International Relations ◽  
Asia Pacific ◽  
The European Union ◽  
China Policy ◽  
Investment Protection ◽  
Investment Agreement ◽  
The One ◽  
Interdisciplinary Study ◽  
Trade And Investment ◽  
The Eu

AbstractThis article re-examines the theories of recognition and non-recognition in the context of the evolving framework of the European Union (EU)’s trade and investment relations with Taiwan from legal and international relations perspectives. Notwithstanding its one-China policy, the EU has developed a pragmatic approach to engaging Taiwan under bilateral consultations and World Trade Organization negotiations that have built the foundation for the bilateral investment agreement (BIA). The article argues that since the 1980s, the EU has accorded diverse forms of recognition to Taiwan and the BIA will buttress the process. To substantiate the contention, the article systemically explores the political and trade policies of European states and EU institutions in line with their strategies toward cross-strait relations.By deciphering the new momentum that has galvanized the European Commission’s strategy towards the EU-Taiwan BIA, the research sheds light on the implications of European Parliament resolutions and the EU’s investment talks with China. The structure and impact of the BIA are also analysed in light of EU investment protection agreements with Singapore and Vietnam. Hence, the findings contribute to the interdisciplinary study of international law and international relations and enhance the understanding of the EU’s Asia-Pacific trade and investment agreements.

scholarly journals Implications of the Transatlantic Trade and Investment Partnership (TTIP) for Investment Flows Between the European Union and the USA

2017 ◽  
Vol 20 (3) ◽  
pp. 25-39
Author(s):  
Janina Witkowska
Keyword(s):  
European Union ◽  
Free Trade ◽  
Dispute Settlement ◽  
Free Trade Area ◽  
The European Union ◽  
Investment Protection ◽  
Transatlantic Trade ◽  
The Usa ◽  
Trade And Investment ◽  
The Eu

The Transatlantic Trade and Investment Partnership (TTIP) is a controversial subject, but at the same time it is perceived to be the most comprehensive international agreement on free trade and investment protection. Among the topics that evoke criticism on the part of different social groups is the investor‑state dispute‑settlement (ISDS), as well as its legal consequences for the EU Member states. A less discussed issue is the potential implications of the agreement on the state of economic co‑operation between the European Union and the USA in the field of investment flows, with special reference to foreign direct investment (FDI). The aim of this paper is to present the discussion related to the ISDS and examine some of the economic, political and legal implications of TTIP provisions for FDI flows between the EU and the USA. The proposals of the European Commission to change the investment protection system might be treated as an attempt to make the system of arbitrage more transparent and convincing to societies, and safer for states. The effects of the TTIP agreement for FDI between both partners might be dependent on the scale of trade creation and diversion effects, and the mirror effects of investment creation and diversion under a free trade area.

Does the European Union Have New Clothes?: Understanding the EU’s New Investment Treaty Model

2016 ◽  
pp. 773-822 ◽  
Author(s):  
Kyle Dylan Dickson-Smith
Keyword(s):  
European Union ◽  
Robust Design ◽  
The European Union ◽  
Investment Treaty ◽  
Appellate Body ◽  
Transatlantic Trade ◽  
Investment Agreement ◽  
General Exceptions ◽  
Trade And Investment ◽  
The Eu

The purpose of this article is to critically analyse the methodology and impact of the investment chapter the European Union (EU) proposed for the Transatlantic Trade and Investment Partnership (TTIP). It focusses on the innovations of an appellate body and the incorporation of a ‘right to regulate’-provision, as well as general exceptions that are very similar to Article XX of the GATT. In light of the development that these features have been replicated in the CETA and the EU-Vietnam FTA, it questions why the EU is changing the traditional form of investor-State arbitration in a preferential trade and investment agreement and whether the EU’s model is viable, and formulated on a robust design that will stand the test of time.

DEVELOPMENT TRENDS AND PROSPECTS OF ECONOMIC AND TRADE COOPERATION BETWEEN CHINA AND UKRAINE

2018 ◽  
Vol 2018 (6) ◽  
pp. 3-12
Author(s):  
Zhang DONGYANG ◽  
Keyword(s):  
Free Trade ◽  
Bilateral Trade ◽  
The United States ◽  
Economic Cooperation ◽  
Free Trade Zone ◽  
Asia Pacific ◽  
Economic Downturn ◽  
The European Union ◽  
Association Agreement ◽  
The Eu

The status and prospects of development of trade and economic relations between Ukraine and China are considered. It is proved that bilateral cooperation in the trade and economic sphere has made significant progress. In 2012–2017, China was the second largest trading partner of Ukraine after Russia. However, the problem of imbalance in imports and exports between Ukraine and China has not yet been resolved. In addition, the scale and number of projects in which Ukraine attracts Chinese investment is much less than investments from European countries and the United States. It is justified that trade and economic cooperation between Ukraine and China is at a new historical stage. On the one hand, Ukraine signed the Association Agreement with the European Union, and on January 1, 2016, the rules of the free trade zone between Ukraine and the EU entered into force. This helps to accelerate the integration of Ukrainian economy into European one. On the other hand, the global economic downturn requires the introduction of innovations in the model of cooperation. The Chinese initiative “One belt is one way” is one of the variants of the innovation model of cooperation. Its significance is to unite the Asia-Pacific region with the EU in order to join the Eurasian Economic Union, create a new space and opportunities for development and achieve prosperity with the Eurasian countries. All this forms unprecedented opportunities for development of bilateral economic and trade relations. It seems that to fully open the potential of Ukrainian economy and expand bilateral trade and economic cooperation, it is necessary to take into account such proposals as the establishment of the Sino-Ukrainian industrial park, the promotion of cooperation in the field of electronic commerce, the formation of the Sino-Ukrainian free trade zone and enhanced interaction within multilateral mechanisms (for example, the Shanghai Cooperation Organization and the interaction of China and the countries of Central and Eastern Europe in the 16 + 1 format).

scholarly journals Sustainability in the European Union: Analyzing the Discourse of the European Green Deal

2021 ◽  
Vol 14 (2) ◽  
pp. 80
Author(s):  
Eva Eckert ◽  
Oleksandra Kovalevska
Keyword(s):  
European Union ◽  
European Commission ◽  
Critical Discourse Analysis ◽  
Political Institutions ◽  
Main Question ◽  
The European Union ◽  
International Media ◽  
Institutional Power ◽  
The One ◽  
The Eu

In the European Union, the concern for sustainability has been legitimized by its politically and ecologically motivated discourse disseminated through recent policies of the European Commission and the local as well as international media. In the article, we question the very meaning of sustainability and examine the European Green Deal, the major political document issued by the EC in 2019. The main question pursued in the study is whether expectations verbalized in the Green Deal’s plans, programs, strategies, and developments hold up to the scrutiny of critical discourse analysis. We compare the Green Deal’s treatment of sustainability to how sustainability is presented in environmental and social science scholarship and point out that research, on the one hand, and the politically motivated discourse, on the other, do not correlate and often actually contradict each other. We conclude that sustainability discourse and its keywords, lexicon, and phraseology have become a channel through which political institutions in the EU such as the European Commission sideline crucial environmental issues and endorse their own presence. The Green Deal discourse shapes political and institutional power of the Commission and the EU.

The Regional Path to Peaceful Change: What the Asian and European Experiences Tell Us

2020 ◽  
Vol 34 (4) ◽  
pp. 535-545
Author(s):  
Mark Beeson
Keyword(s):  
International Relations ◽  
Comparative Politics ◽  
Western Europe ◽  
International System ◽  
Historical Analysis ◽  
The European Union ◽  
Security Challenges ◽  
Comparative Historical Analysis ◽  
State Of Affairs ◽  
The Eu

AbstractOne of the more striking, surprising, and optimism-inducing features of the contemporary international system has been the decline of interstate war. The key question for students of international relations and comparative politics is how this happy state of affairs came about. In short, was this a universal phenomenon or did some regions play a more important and pioneering role in bringing about peaceful change? As part of the roundtable “International Institutions and Peaceful Change,” this essay suggests that Western Europe generally and the European Union in particular played pivotal roles in transforming the international system and the behavior of policymakers. This helped to create the material and ideational conditions in which other parts of the world could replicate this experience, making war less likely and peaceful change more feasible. This argument is developed by comparing the experiences of the EU and the Association of Southeast Asian Nations and their respective institutional offshoots. The essay uses this comparative historical analysis to assess both regions’ capacity to cope with new security challenges, particularly the declining confidence in institutionalized cooperation.

The Making of a President: The European Parliament and the Confirmation of Jacques Santer as President of the Commission

1996 ◽  
Vol 31 (1) ◽  
pp. 62-76 ◽  
Author(s):  
Simon Hix ◽  
Christopher Lord
Keyword(s):  
European Parliament ◽  
The Other ◽  
The European Union ◽  
Political Debate ◽  
European Elections ◽  
Shared Meanings ◽  
Single European Act ◽  
The One ◽  
Council Of Ministers ◽  
The Eu

THE SINGLE EUROPEAN ACT AND THE MAASTRICHT TREATY attempted to balance two principles of representation in their redesign of the institutional structures of the European Union: the one, based on the indirect representation of publics through nationally elected governments in the European Council and Council of Ministers; the other, based on the direct representation of publics through a more powerful European Parliament. There is much to be said for this balance, for neither of the two principles can, on its own, be an adequate solution at this stage in the development of the EU. The Council suffers from a non-transparent style of decision-making and is, in the view of many, closer to oligarchic than to democratic politics. On the other hand, the claims of the European Parliament to represent public sentiments on European integration are limited by low voter participation, the second-order nature of European elections and the still Protean nature of what we might call a transnational European demos. The EU lacks a single public arena of political debate, communications and shared meanings; of partisan aggregation and political entrepreneurship; and of high and even acceptance, across issues and member states, that it is European and not national majority views which should count in collective rule-making.

Eliminating ‘Aesthetics’ from Copyright Law: The Aftermath of Cofemel

2021 ◽  
Author(s):  
Koray Güven
Keyword(s):  
Copyright Protection ◽  
Copyright Law ◽  
The European Union ◽  
Court Of Justice ◽  
Applied Art ◽  
Copyright Laws ◽  
The One ◽  
Works Of Applied Art ◽  
Functionality Doctrine ◽  
The Eu

Abstract The recent Cofemel judgment of the Court of Justice of the European Union extended the European Union’s (EU) originality criterion (i.e. the author’s own intellectual creation) to the realm of works of applied art. The Court excluded ‘aesthetically significant visual effect’ as a condition of copyright protection. It was condemned as subjective and incompatible with the EU originality criterion. The decision may signal a shift in several national copyright laws, under which requirements relating to ‘aesthetics’ are laid down as a condition to acquire protection. This article will demonstrate that the ‘aesthetics criterion’, as it emerged historically and has been employed in national copyright laws, is associated with a different meaning than it conveys at first glance. The aesthetics criterion designates the elbow room remaining to the author after functional constraints have been taken into account, and thus represents a form of the functionality doctrine in the domain of copyright law. However, to some extent it also excludes – though not uniformly – commonplace designs from the scope of copyright protection. Against this background, this article suggests that the aesthetics criterion can arguably be reconciled with the EU originality criterion. The aesthetics criterion represents a balance struck between the need for copyright protection in the field of applied arts, on the one hand, and competition, on the other. In order not to upset this careful balance, a robust application of the EU originality criterion is advocated, precluding protection not only to functionality, but also to commonplace creations.

What Kind of Ireland?

2021 ◽  
pp. xviii-20
Author(s):  
Niamh Hardiman ◽  
David M. Farrell ◽  
Eoin Carolan ◽  
John Coakley ◽  
Aidan Regan ◽  
...  
Keyword(s):  
Political Institutions ◽  
Public Discourse ◽  
The European Union ◽  
Eu Member States ◽  
The United Kingdom ◽  
Original Contribution ◽  
Electoral Mobilization ◽  
The One ◽  
The Eu

Modern Ireland is a relatively wealthy and politically stable democracy, but it bears the deep marks of its route to this point. This introductory chapter draws together some key themes that run through this volume and profiles the core contributions of each of its chapters. The overall story is one of contradictory influences. The political institutions of the state, notwithstanding much innovation over time, retain a bias toward a remarkably strong executive. The long-standing weaknesses of social democratic electoral mobilization both reflect and reinforce a conservative and market-oriented tilt in policy priorities. The ideas that animate public discourse show a creative but sometimes problematic tension between republican and communitarian ideals on the one hand, and liberal ideas and values on the other. Ireland has assumed a confident role on the world stage and especially within the European Union (EU), but relations with its nearest neighbour, the United Kingdom, can often be problematic, not least because of the complexity of the politics of Northern Ireland. And while on many measures Ireland is among the wealthiest of the EU member states, this is not the lived reality for a great many of its citizens, and the nuances of why this is so need to be carefully assessed. Overall, this introductory chapter offers an overview of the whole Handbook while also making an original contribution in its own right.

Negotiating 21st Century Rules on Energy: What Is at Stake for the European Union, the United States and the BRICS?

2018 ◽  
Vol 19 (3) ◽  
pp. 415-443 ◽  
Author(s):  
Ilaria Espa ◽  
Kateryna Holzer
Keyword(s):  
United States ◽  
European Union ◽  
Renewable Energy ◽  
The United States ◽  
Energy Market ◽  
The European Union ◽  
Transatlantic Trade ◽  
Energy Trade ◽  
Trade And Investment ◽  
The Eu

Abstract In the context of the Transatlantic Trade and Investment Partnership (TTIP), the European Union (EU) has taken the lead in promoting the inclusion of a specific chapter on energy trade and investment in order to enhance energy security and promote renewable energy. Irrespective of the success of the TTIP negotiations, the EU proposal can contribute to developing multilateral rules on energy trade and investment. This is especially important given the increased number of energy disputes filed by the EU and the United States against other leading energy market players, including the BRICS. This article provides a normative analysis of the new rules proposed by the EU and reflects on potential responses of BRICS energy regulators. It argues that, while these rules are unlikely to immediately affect BRICS energy practices, they may eventually be ‘imported’ in BRICS domestic jurisdictions in order to promote renewable energy and attract investment in energy infrastructure.

scholarly journals Effects of Serbian accession to the European Union

2012 ◽  
Vol 59 (3) ◽  
pp. 355-367 ◽  
Author(s):  
Mario Holzner ◽  
Valentina Ivanic
Keyword(s):  
Trade Liberalization ◽  
Consumer Surplus ◽  
The European Union ◽  
Policy Changes ◽  
Eu Accession ◽  
Consumer Prices ◽  
The World ◽  
Producer Surplus ◽  
The One ◽  
The Eu

In this article, the global simulation model (GSIM) of Joseph F. Francois and Keith H. Hall (2009) for analyzing global, regional, and unilateral trade policy changes was applied to Serbia. This was to measure the effects of full trade liberalization with the EU after Serbian accession to the EU. As anticipated, most of the changes in welfare after full liberalization of trade between Serbia and EU can be expected in sectors where Serbia has specialized; protection against imports from the EU is strong. However, losses could also occur in sectors that currently face strong protection against the rest of the world and this protection is lost after EU accession. Trade liberalization will lead to a substantial loss of tariff revenues. Reduced consumer prices might, on the one hand increase consumer surplus but on the other hand decrease producer surplus and output in certain industries.

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