II.2 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM SELECTED CASE LAW

2020 ◽  
pp. 409-436
Keyword(s):  
United States ◽  
European Union ◽  
Case Law ◽  
The United States ◽  
Commercial Vehicles ◽  
Member States ◽  
Panel Report ◽  
Appellate Body Report ◽  
Appellate Body ◽  
Civil Aircraft

European Union—Anti-Dumping Measures on Biodiesel from Indonesia (WT/DS480/R), Panel Report circulated on 25 January 2018, adopted on 28 February 2018 Russia—Anti-Dumping Duties on Light Commercial Vehicles from Germany and Italy (WT/DS479/AB/R), Appellate Body Report circulated on 22 March 2018, adopted on 9 April 2018 European Communities and Certain Member States—Measures Affecting Trade in Large Civil Aircraft. Recourse to Article 21.5 of the DSU by the United States (WT/DS487/AB/RW)...

Legal Maxims: Summaries and Extracts from Selected Case Law

2019 ◽  
pp. 457-480
Keyword(s):  
United States ◽  
European Union ◽  
Russian Federation ◽  
Case Law ◽  
The European Union ◽  
Appellate Body Report ◽  
Appellate Body

Russian Federation—Measures on the Importation of Live Pigs, Pork and Other Pig Products from the European Union (WT/DS475/AB/RW), Appellate Body Report circulated on 23 February 2017, adopted on 21 March 2017 United States—Certain Methodologies and Their Application to Anti-Dumping Proceedings Involving China (WT/DS471/AB/R), Appellate Body Report circulated on 11 May 2017, adopted on 22 May 2017...

United States – Measures Affecting Trade in Large Civil Aircraft – Second Complaint – Recourse to Article 21.5 of the DSU by the European Union (US – Large Civil Aircraft (2nd Complaint) (Article 21.5 – EU)), DS353

2020 ◽  
Vol 19 (3) ◽  
pp. 472-476
Author(s):  
Sara Angeleska
Keyword(s):  
United States ◽  
European Union ◽  
Dispute Settlement ◽  
The United States ◽  
United States Department ◽  
The European Union ◽  
Tax Rate ◽  
Appellate Body ◽  
Tax Abatements ◽  
Civil Aircraft

This compliance proceeding under Article 21.5 of the Dispute Settlement Understanding (DSU) concerned measures adopted by the United States to comply with the Dispute Settlement Body (DSB) recommendations and rulings in US–Large Civil Aircraft (2nd Complaint). The types of measures at issue that were found to have caused adverse effects to the European Union (EU, formerly European Communities) in the original Panel and Appellate Body proceedings were NASA aeronautics R&D instruments; United States Department of Defence (DOD) military research instruments (‘assistance instruments’); the business and occupancy (B&O) tax rate reduction in the State of Washington in relation to Boeing's production of the 787; property and sales tax abatements related to Industrial Revenue Bonds issued by the City of Wichita, Kansas; and the FSC/ETI subsidies.

scholarly journals The Development of Whistleblowing Laws in the United States and Europe (de lege ferenda remarks)

2021 ◽  
Vol 28 (2) ◽  
pp. 139-155
Author(s):  
Łucja Kobroń-Gąsiorowska
Keyword(s):  
United States ◽  
European Union ◽  
The United States ◽  
The European Union ◽  
Work Process ◽  
Free Markets ◽  
Member States ◽  
Communist Countries ◽  
Established Democracies

Corruption, harassment in a workplace, practices contrary to the correct work process, and many others are irregularities that can arise in any enterprise. This is a problem that affects established democracies and free markets and post-communist countries that are transitioning to democracy and market economies. While the causes of irregularities vary, the tools often suggested tackling them include that do not necessarily encourage potential whistleblowers to report them, whether inside or outside the organization. This article discusses the role of whistleblowing as a whistle­blowing tool. Describes the law and whistleblowing in a comparative context, focusing on the United States and the European Union. The article then concludes with recommendations for strengthening whistleblowing in Europe, where reporting irregularities is just beginning, and the level of protection differs between the Member States.

scholarly journals Appellate Body Report, India – Additional and Extra-Additional Duties on Imports from the United States (WT/DS360/AB/R, adopted on 17 November 2008)

2010 ◽  
Vol 9 (1) ◽  
pp. 239-263 ◽  
Author(s):  
PAOLA CONCONI ◽  
Jan Wouters
Keyword(s):  
United States ◽  
Burden Of Proof ◽  
The United States ◽  
Central Point ◽  
National Treatment ◽  
Appellate Body Report ◽  
Appellate Body ◽  
Border Tax Adjustments ◽  
National Governments

AbstractThis paper critically reviews the main findings of the Appellate Body in the case India – Additional and Extra-Additional Duties on Imports from the United States (India–Additional Import Duties). This ruling sheds light on the interplay between two core provisions of the GATT, namely Article II GATT (Schedules of Concessions) and III GATT (National Treatment on Internal Taxation and Regulation). Linked to this demarcation, the question on the allocation of the burden of proof was a central point of contention in this dispute. The ruling also establishes the principle that WTO Members are allowed to use border tax adjustments, as long as the tax imposed on imports does not exceed the domestic tax. We argue that this principle can help to reconcile the objectives of the WTO with those of national governments.

scholarly journals Raising compulsory automobile insurance minimum amounts: a case study from the United States

2019 ◽  
Vol 4 (2019/4) ◽  
Keyword(s):  
United States ◽  
European Union ◽  
Union Member ◽  
The United States ◽  
Automobile Insurance ◽  
The European Union ◽  
Automobile Accidents ◽  
Member States ◽  
European Union Member States

This article discusses a decision both European Union Member States and states in the United States must make: whether to raise their compulsory automobile insurance minimum amounts. The authors review a case study from the United States, the Commonwealth of Pennsylvania, and conclude a proposed increase in the compulsory minimum amounts should pass the legislator. The purpose of compulsory automobile insurance is to compensate victims of automobile accidents. Due to inflation, the minimum amounts in Pennsylvania no longer compensate adequately. Moreover, the data do not support the contention that an increase in the minimum amounts will cause large increases in premiums and uninsured rates. The authors conclude that compulsory minimum amounts should be periodically reviewed, as they are in the European Union, and that arguments about large increases in premiums and uninsured rates should be subjected to a careful review based on data.

scholarly journals Multi-Omics Research Trends in Sepsis: A Bibliometric, Comparative Analysis Between the United States, the European Union 28 Member States, and China

2018 ◽  
Vol 22 (3) ◽  
pp. 190-197 ◽  
Author(s):  
Nikolaos Evangelatos ◽  
Kapaettu Satyamoorthy ◽  
Georgia Levidou ◽  
Pia Bauer ◽  
Helmut Brand ◽  
...  
Keyword(s):  
United States ◽  
European Union ◽  
Comparative Analysis ◽  
The United States ◽  
Research Trends ◽  
The European Union ◽  
Member States
Sign in / Sign up

Export Citation Format

Share Document