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.

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.

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.

The crisis of multilateralism and EU–Russia cooperation

2020 ◽  
Vol 22 (1) ◽  
pp. 54-57
Author(s):  
FRANCO BRUNI ◽  
Keyword(s):  
International Relations ◽  
Careful Consideration ◽  
Modern World ◽  
Multiple Methods ◽  
The Us ◽  
Good For ◽  
East West ◽  
The Eu

The article is devoted to problems in relations between the EU and Russia. Multiple methods are considered that are aimed at solving the problem of multilateralism in current conditions. The author selected and studied specific documents on essential aspects that are devoted to this topic. Studying the arising problems requires careful consideration since, in the modern world, cooperation between global actors such as the EU and Russia cannot be ignored. Despite all the challenges faced by the parties in their fields, all difficulties are conquerable, and the article provides specific methods for its solving. The article discusses some aspects and problems that require particular attention from specialists in this field. The author concludes that strong US–EU coalition could seem more coherent with history and with the traditional East–West divide. However, the recent evolution of the US attitude towards international relations weakens the probability of such coalition and its perceived payoffs. A more or less defensive Russia–China coalition has been tried with limited results; moreover, if it were possible and probable, the two western players would change their strategy to prevent it or to contain its depth. In fact, we live in a world where many talks of a serious possibility of G2 governance, a peculiar type of coalition where the US and China keep hostile and nationalistic attitudes but join forces to set the global stage in their favor, pursuing a qualitatively limited but quantitatively rich payoff. In such world, as a counterpart of this payoff, both the divided Europe and the economically much smaller Russia would lose power and suffer several kinds of economic disadvantages. Therefore, Greater Europe would be good for Russia and for the EU as well.

Forging a British World of Trade

2019 ◽  
Author(s):  
David Thackeray
Keyword(s):  
South Africa ◽  
Twentieth Century ◽  
New Zealand ◽  
United Nations ◽  
International Collaboration ◽  
League Of Nations ◽  
Business Leaders ◽  
Trade Relations ◽  
Historical Role ◽  
The Eu

Brexit is likely to lead to the largest shift in Britain’s economic orientation in living memory. Some have argued that leaving the EU will enable Britain to revive markets in Commonwealth countries with which it has long-standing historical ties. Their opponents argue that such claims are based on forms of imperial nostalgia which ignore the often uncomfortable historical trade relations between Britain and these countries, as well as the UK’s historical role as a global, rather than chiefly imperial, economy. This book explores how efforts to promote a ‘British World’ system, centred on promoting trade between Britain and the Dominions, grew and declined in influence between the 1880s and 1970s. At the beginning of the twentieth century many people from London, to Sydney, Auckland, and Toronto considered themselves to belong to culturally British nations. British politicians and business leaders invested significant resources in promoting trade with Australia, Canada, New Zealand, and South Africa out of a perception that these were great markets of the future. However, ideas about promoting trade between ‘British’ peoples were racially exclusive. From the 1920s onwards colonized and decolonizing populations questioned and challenged the bases of British World networks, making use of alternative forms of international collaboration promoted firstly by the League of Nations and then by the United Nations. Schemes for imperial collaboration amongst ethnically ‘British’ peoples were hollowed out by the actions of a variety of political and business leaders across Asia and Africa who reshaped the functions and identity of the Commonwealth.

TTIP, CETA, and TiSA Behind Closed Doors

2017 ◽  
Author(s):  
Panagiotis Delimatsis
Keyword(s):  
European Union ◽  
Global Governance ◽  
Early Stage ◽  
European Parliament ◽  
Trade Negotiations ◽  
The European Union ◽  
The Us ◽  
The Eu

Secrecy and informality rather than transparency traditionally reign trade negotiations at the bilateral, regional, and multilateral levels. Yet, transparency ranks among the most basic desiderata in the grammar of global governance and has been regarded as positively related to legitimacy. In the EU’s case, transparent trade diplomacy is quintessential for constitutional—but also for broader political—reasons. First, even if trade matters fall within the EU’s exclusive competence, the EU executive is bound by the Treaty on the Functioning of the European Union (TFEU) to inform the European Parliament, the EU co-legislator, in regular intervals. Second, transparency at an early stage is important to address public reluctance, suspicion, or even opposition regarding a particular trade deal. This chapter chronicles the quest for and turning moments relating to transparency during the EU trade negotiations with Canada (CETA); the US (TTIP), and various WTO members on services (TiSA).

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