TTIP Regulatory Cooperation

2016 ◽  
Vol 7 (2) ◽  
pp. 262-268
Author(s):  
Alexia Herwig
Keyword(s):  
Burden Of Proof ◽  
Technical Barriers To Trade ◽  
Goods And Services ◽  
Detailed Explanation ◽  
Regulatory Cooperation ◽  
The Us ◽  
Regulatory Measures ◽  
Regulatory Coordination ◽  
Phytosanitary Measures ◽  
The Eu

The leaked TTIP documents reveal that the EU and US are discussing the introduction of a detailed set of procedural requirements for the adoption of regulatory measures. Default provisions are set forth in the chapter on regulatory cooperation, applicable to goods and services. More specific provisions are being negotiated in the chapters on technical barriers to trade and on sanitary and phytosanitary measures. If they conflict with the regulatory cooperation chapter, they prevail.This article analyses the regulatory cooperation chapter insofar as it pertains to trade in goods but to the exclusion of SPS matters and anything provided in the TBT chapter itself. The questions this article examines are to what extent the TTIP proposals expand upon the obligations the two parties have already taken on under WTO law and to what extent the resulting regulatory coordination is consistent withWTO law. It will be shown that the US proposals on procedure may constrain substantive regulatory discretion beyond what applies under the GATT and TBT Agreement of the WTO. It will alsobe shown that the needs to conduct trade impact assessments and a detailed explanation of the necessity of measures anticipate a legal challenge to necessity and will provide information of much use to complainants in meeting their burden of proof.

Intersectional Discrimination

2019 ◽  
Author(s):  
Shreya Atrey
Keyword(s):  
South Africa ◽  
Burden Of Proof ◽  
Intersectionality Theory ◽  
Indirect Discrimination ◽  
The Us ◽  
Treaty Body ◽  
The Eu

Why has intersectionality fallen by the wayside of discrimination law? Thirty years after Kimberlé Crenshaw coined the term ‘intersectionality’, discrimination lawyers continue to be plagued by this question across a range of jurisdictions, including the US, UK, South Africa, India, Canada, as well as the UN treaty body jurisprudence and the jurisprudence of the EU and the ECHR. Claimants continue to struggle to establish intersectional claims based on more than one ground of discrimination. This book renews the bid for realizing intersectionality in comparative discrimination law. It presents a juridical account of intersectional discrimination as a category of discrimination inspired by intersectionality theory, and distinct from other categories of thinking about discrimination including strict, substantial, capacious, and contextual forms of single-axis discrimination, multiple discrimination, additive discrimination as in combination or compound discrimination, and embedded discrimination. Intersectional discrimination, defined in these theoretical and categorial terms, then needs to be translated into doctrine, recalibrating each of the central concepts and tools of discrimination law to respond to it—including the text of non-discrimination guarantees, the idea of grounds, the test for analogous grounds, the distinction between direct and indirect discrimination, the substantive meaning of discrimination, the use of comparators, the justification analysis and standard of review, the burden of proof between parties, and the range of remedies available. With this, the book presents a granular account of intersectional discrimination in theoretical, conceptual, and doctrinal terms, and aims to transform discrimination law in the process of realizing intersectionality within its discourse.

Fünfzig Jahre nach Rom: Ist die EU ein Binnenmarkt?

2007 ◽  
Vol 56 (3) ◽  
Author(s):  
Rolf J. Langhammer
Keyword(s):  
Regional Integration ◽  
Price Dispersion ◽  
Law Of One Price ◽  
Global Integration ◽  
Ample Evidence ◽  
Goods And Services ◽  
The Us ◽  
The World ◽  
The Law ◽  
The Eu

AbstractFifty years after the Rome Treaties, is there empirical evidence for arguing that the EU today is a fully integrated goods and services market in which the “law of one price” prevails at large? Based on a number of consumer price surveys for goods and services in major cities all over the world since the seventies and, comparing the EU to a benchmark, the US market, the paper is affirmative. Price dispersion between EU cities has declined with the Eurozone as the core EU region in the lead surrounded by two concentric circles. EU goods price dispersion has generally approximated the level in the US market. Yet, price dispersion has declined throughout the world underlining the relevance of global integration rather than only regional integration. Furthermore, there is ample evidence that gravity factors against the “law of one price”, such as distance costs and borders, are still effective.

scholarly journals (Possible) impact of CETA on creation of law

2017 ◽  
Vol 1 (1) ◽  
pp. 125-132
Author(s):  
Ondrej Blažo
Keyword(s):  
Future Development ◽  
Trade Barriers ◽  
Focal Points ◽  
Legal Regime ◽  
Regulatory Cooperation ◽  
Phytosanitary Measures ◽  
The Eu

The paper brings an analysis, and possible solutions, regarding “threats” to regulatory sovereignty of the parties to the CETA. Hence technical trade barriers, sanitary and phytosanitary measures, regulatory cooperation, liberalization of services and protection of investors are focal points for estimating future development of legal regime in both the EU and Canada. The analysis assesses only “possible” impact of the CETA because it will be subject to ratification and the outcome of this process is insecure.

scholarly journals What Does Ceta Bring to Organic Production?

Pannoniana ◽  
2019 ◽  
Vol 3 (1-2) ◽  
pp. 285-292
Author(s):  
Bojan Stipešević
Keyword(s):  
Mutual Recognition ◽  
Organic Production ◽  
For Profit ◽  
Regulatory Cooperation ◽  
The Us ◽  
Pure Race ◽  
Selection For ◽  
The One ◽  
High Set ◽  
The Eu

Abstract Even though eco-production is based on principles brought by IFOAM (International Federation of Organic Agriculture Movements), the standards which were brought in by the national and supranational governments may differentiate in parts of regulation. The mutual recognition/equivalence of eco-standards of the EU (»EU-eco« label, based on regulation of the European Commission EZ 834/2007: 139-and EZ 889/2008: 173-256, and other regulations derived from them) and Canada (»Canada organic« label, based on valid Canadian eco-standards, regulation CAN/CGSB-32.310-2015: 53 and CAN/CGSB-32.311-2015: 75) has been present for multiple years and has been re-evaluated and confirmed in 2015 as a successful practice in the increase of access to an expanded market for producers, increase of selection for consumers and lightening the regulatory cooperation. Before mutual recognition exported eco-product from Canada to the EU (and vice-versa) had to go through recertification, which created additional expenses for exporting eco-producers (10 thousand dollars per year, on average). This process mostly resulted in an increased price of eco-products for the end consumer. In some areas the Canadian eco-regulation is stricter than the EU one, while in other it is vice versa. Some markings can mislead the consumer, especially the one who does not read the product declaration where such misgivings are clearly visible and marked. The greatest challenge for eco-production in the EU is the increase in demand for eco-products with such a speed that EU farmers cannot satisfy it, which inevitably leads to an increase of import from non-EU countries. Therefore, the help of EU governments is essential in the form of support for farmers who decide to transition into eco-production. Certain estimates say that the CETA could mean a loss of a great number of producers (estimating that it could be several thousand workplaces in agriculture across the EU). A similar agreement between the US and Mexico already led to a loss of workplace for 2 million people in Mexico in the midst of inability to compete with the industrial production of the US. The greatest fear present in eco-production is that the international agricultural businesses can force national and supranational governments to lower standards by using lawsuits, which can consequentially result in lower standards in eco-production on both sides of the Atlantic and influence the environment. It is not based on the scientific/expert arguments which governs the ecological agriculture, but a pure race for profit. Therefore, it can be expected that, once again, »greed overcomes reason«. Nevertheless, the high set »bar« of eco-production »from both sides of the pond« is the best »defence« against the fear that CETA will bring any novelties into the life of eco-producers.

scholarly journals THE EU FOREIGN TRADE IN GOODS AND SERVICES AND THE NEW PROTECTIONIST POLICY OF THE US

2018 ◽  
pp. 247-264
Author(s):  
Evangelos Siskos ◽  
Konstantia Darvidov
Keyword(s):  
Foreign Trade ◽  
Bilateral Trade ◽  
Goods And Services ◽  
The Us ◽  
Additional Demand ◽  
Trade Partner ◽  
Important Trade Partner ◽  
The Eu

About 2/3 of the EU trade is the intra-EU trade, but the extra-EU trade pro­vides additional demand for the European products and is a source of necessary supplies. It is especially important for some products and services. Despite a de­creasing trend, the US continues to be an important trade partner for the EU. But prospects for transatlantic integration turned into rise of protectionism, which wor­ries the EU politicians. In the paper we assess the fiscal and protectionist role of tariffs for the EU-US bilateral trade and the determinants of the US imports.

scholarly journals Is FTA for ‘Up Closer and Personal’? Reflections on Media and Public Views on the EU in Korea

2013 ◽  
Vol 3 (3) ◽  
pp. 37-58 ◽  
Author(s):  
Sung-Won Yoon
Keyword(s):  
Media Coverage ◽  
Free Trade Agreement ◽  
Turning Point ◽  
Trade Agreement ◽  
Detailed Explanation ◽  
Public Opinion Surveys ◽  
The Us ◽  
Personal Reflections ◽  
Public Views ◽  
The Eu

AbstractDue to its geopolitical situation, Korea started its relationship with the EU quite later than with the US, China, Japan and Russia. However, the EU-Korea relationship has grown “slowly but steadily”. The studies on the perception of the EU have been conducted since the 2000s. Korean scholars have been interested in finding out the Korean perception of the EU and have participated in the multiannual international research projects from the beginning. Their extensive data on Korean media coverage on the EU and public opinion surveys present the nature and characteristics of the EU imagery in Korea. EU-Korea relationship has seen a turning point by the signing of a Free Trade Agreement (FTA) between the two parties. The EU became more exposed to the Korean media on this occasion, and accordingly, the Korean public now considers the EU as a more important partner than before. Through the detailed explanation and analysis of the existing perception studies in this paper, one can understand how the EU perception has been shaped and changed in Korea over time. One of the major findings is that the visibility of the EU has been enhanced in Korea for sure, but the images have been still seriously prejudiced as an ‘economic powerhouse’. Further studies are necessary to examine how to widen the scope of mutual understanding in different fields.

Sanctions of the USA and the Policy of Bank of Russia:double Blow to the National Economy

2014 ◽  
pp. 13-29 ◽  
Author(s):  
S. Glazyev
Keyword(s):  
National Security ◽  
Economic Sanctions ◽  
Capital Flight ◽  
Practical Advice ◽  
The Us ◽  
Monetary Authorities ◽  
The Usa ◽  
Simultaneous Adoption ◽  
The Eu

This article examines fundamental questions of monetary policy in the context of challenges to the national security of Russia in connection with the imposition of economic sanctions by the US and the EU. It is proved that the policy of the Russian monetary authorities, particularly the Central Bank, artificially limiting the money supply in the domestic market and pandering to the export of capital, compounds the effects of economic sanctions and plunges the economy into depression. The article presents practical advice on the transition from external to domestic sources of long-term credit with the simultaneous adoption of measures to prevent capital flight.

Russian Policy of Agriculture Support and the Necessity of Its Modification after WTO Accession

2012 ◽  
pp. 132-149 ◽  
Author(s):  
V. Uzun
Keyword(s):  
Comparative Analysis ◽  
World Trade Organization ◽  
Agricultural Production ◽  
World Trade ◽  
The Us ◽  
The World ◽  
Wto Accession ◽  
The Eu ◽  
Agriculture Support

The article deals with the features of the Russian policy of agriculture support in comparison with the EU and the US policies. Comparative analysis is held considering the scales and levels of collective agriculture support, sources of supporting means, levels and mechanisms of support of agricultural production manufacturers, its consumers, agrarian infrastructure establishments, manufacturers and consumers of each of the principal types of agriculture production. The author makes an attempt to estimate the consequences of Russia’s accession to the World Trade Organization based on a hypothesis that this will result in unification of the manufacturers and consumers’ protection levels in Russia with the countries that have long been WTO members.

Isoglucose – How significant is the threat to the EU sugar industry?

2013 ◽  
pp. 770-777
Author(s):  
Yelto Zimmer
Keyword(s):  
Market Share ◽  
Sugar Industry ◽  
Quota System ◽  
Strong Incentive ◽  
Major Market ◽  
The Us ◽  
Sugar Market ◽  
Extreme Scenario ◽  
Competitive Product ◽  
The Eu

The EU is about to abolish the sugar – and the isoglucose – quota system in 2016/17. Isoglucose made from corn occupies about 50% of the US sweetener market while its market share in the EU caloric sweetener market is less than 5%. Against this background, this paper analyses the economics of isoglucose production in Europe in order to understand its competitiveness vis-à-vis sugar. Key results: (1) Isoglucose will become a rather competitive product. The EU sugar industry will have to give up about 40% of its current processing and profit margin in order to sell sugar at the same price as isoglucose will be traded; (2) Once industrial sugar users move to isoglucose, they will tend to be “hooked-in,” giving the sugar industry a strong incentive to defend its market share; and (3) Since only about 30% of the current sugar market is able to switch to isoglucose, the sugar industry has the option to practice a mixed calculation. In an extreme scenario, the industry may even opt to cross-subsidize sales. Therefore it’s not clear whether investors in isoglucose will be able to gain a major market share in Europe.

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