The Swordfish Dispute between the EU and Chile at the ITLOS and the WTO

2002 ◽  
Vol 71 (1) ◽  
pp. 55-81 ◽  
Author(s):  

AbstractDuring the 1990s and beyond, the European Union (EU) and Chile have been engaged in a controversy over highly migratory swordfish stocks in the South Pacific. Following disputes over Cod, Turbot, and Tuna, the Swordfish Case reveals outstanding problems in the international law of fisheries. The Swordfish Case attracts further attention, as it involves proceedings both at the International Tribunal for the Law of the Sea and at the World Trade Organisation, with potentially inconsistent decisions. At the WTO, the EU's assertion of a right to access Chilean ports on the grounds of GATT 1994 freedom of transit provisions bears an impact on the use of ports in countries around the world. At the ITLOS Chamber, the long-standing conflict between distant water fishing nations and coastal states is once again to the fore. Although the parties to the dispute arrived at a provisional agreement, setting out to establish a scientific fisheries program and a conservation framework, the issues involved in the swordfish controversy highlight the tensions among the international maritime, economic, and environmental regimes. The article offers an overall account of the core elements of the swordfish dispute.

Author(s):  
Christina Eckes

The European Union (EU) cannot make a plausible claim to sovereignty under international law. However, what the EU can do and what it also does is, is to act as if it were sovereign and claim certain rights that are considered core elements of state sovereignty. This article argues that the Court of Justice’s (ECJ) conception of the EU legal order as autonomous provides the EU with a core element of state sovereignty: jurisdictional sovereignty. Autonomy construed by the ECJ is best understood in conceptual legal and absolute terms. It is meant to shield the ECJ’s conceptual legal claims from interference. Legal autonomy as construed by the ECJ is not relative as many authors have claimed. It cannot come about in an incremental or relative manner. It cannot be based on arguments relating to the status of a self-contained regime of international law that gradually distances itself from the general rules of international law. It is a conceptual claim giving birth to the assumption of apriority that can only be made in categorical terms. In this way it is similar to sovereignty. The article first sets out how the autonomy of the EU legal order is best understood. It examines the ECJ’s case law in light of legal theoretical considerations and relates it to the separation thesis of Kelsen’s Pure Theory of Law. It then explains that autonomy is of such relevance to the EU legal order because the aprioristic character of EU law remains essentially contested. This relevance indirectly explains why the Court so cautiously protects the autonomy of the EU legal order. Finally, the article examines the Court’s reasoning in Opinion 1/17 in light of the identified absolute conception of autonomy.


2017 ◽  
Vol 19 (5) ◽  
pp. 43-61 ◽  
Author(s):  
Nurlybek Issabekov ◽  
Adam Mateusz Suchecki

Anti-dumping policy is an important instrument of trade policy as far as protecting markets against dishonest practices of foreign suppliers is concerned and it is compliant with international regulations such as e.g. these set by the World Trade Organisation. Generally, dumping concerns exporting commodities at lower prices than a selling price of commodities (so-called normal value). Anti-dumping policy uses appropriate preventive means against dishonest practices in a situation when:- commodity was brought to customs territory of an importing country at dumping prices,- import inflicted damage (or threatens to do it) to importing country’s industry. The first principles of anti-dumping policy were formulated in 1964 at the United Nations Conference and Development UNCTAD. The agreement was signed by 194 countries, including Poland. A similar agreement was also signed by the European Union countries. One of the types of agreements is tariff agreements in which a tool used as a system of cataloguing commodities in international trade is so-called Combined Nomenclature (CN). The system is used in customs proceedings and for registration needs. Anti-dumping proceedings also use HS classification system formulated by the World Customs Organization. The aim of the paper is to determine the proportion of goods covered by anti-dumping proceedings in the value of import conducted by the European Union between 1995–2012. In the empirical research the eight-digit commodity codes CN8 were used as well as HS2 codes that allow grouping imported commodities covered by anti-dumping proceedings by their manufacturing divisions. In that way a determined classification of commodities was used to describe a comparative advantage. To conduct assessment the modified Ballasa index (Bi) and Grupp/Legler index were used. The result of conducted analysis is determination of groups of commodities that are crucial for export of a given country.


2020 ◽  
pp. 92-97
Author(s):  
A. V. Kuznetsov

The article examines the norms of international law and the legislation of the EU countries. The list of main provisions of constitutional and legal restrictions in the European Union countries is presented. The application of the norms is described Human rights conventions. The principle of implementing legal acts in the context of the COVID-19 pandemic is considered. A comparative analysis of legal restrictive measures in the States of the European Union is carried out.


Author(s):  
Pavlos Eleftheriadis

This book offers a legal and political theory of the European Union. Many political and legal philosophers compare the EU to a federal union. They believe that its basic laws should be subject to the standards of constitutional law. They thus find it lacking or incomplete. This book offers a rival theory. If one looks more closely at the treaties and the precedents of the European courts, one sees that the substance of EU law is international, not constitutional. Just like international law, it applies primarily to the relations between states. It binds domestic institutions directly only when the local constitutions allow it. The member states have democratically chosen to adapt their constitutional arrangements in order to share legislative and executive powers with their partners. The legal architecture of the European Union is thus best understood under a theory of dualism and not pluralism. According to this internationalist view, EU law is part of the law of nations and its distinction from domestic law is a matter of substance, not form. This arrangement is supported by a cosmopolitan theory of international justice, which we may call progressive internationalism. The EU is a union of democratic peoples, that freely organize their interdependence on the basis of principles of equality and reciprocity. Its central principles are not the principles of a constitution, but cosmopolitan principles of accountability, liberty, and fairness,


2007 ◽  
Vol 13 (2) ◽  
pp. 507-514
Author(s):  
Ivan Vuković

In this paper we researched European Union starting with the Agreement from Maastrich from year 1992, even though the European Union has a long traditional history and its origin is founded on regulations of economical integrations in Europe beginning from the 1950’s through the Roman treaty from year 1957 and the forming of the European Union Committee in year 1965. Further we follow her expansion and introduction of the European economic and monetary policy, to last, the joining perspective of Croatia. According to the Agreement from Maastrich, European Union lies on three posts: 1) Legal-political and regulative post, 2) Economical post, where the forming of European economical and monetary policy is in the first plan, especially the introducing of Euro as the unique European currency, 3) Post of Mutual foreign security policy within European Union. In that context we need to highlight the research conducted here and in European Union, including the world, regarding development of European Union and its economical, legal, political and cultural, as well as foreign diplomatic results, which are all perspectives of European Union. All the scientists and researches which were involved in exploring the development of EU with its modern tendencies and development perspective, agree that extraordinary results are achieved regards to economical, legal, political, foreign-security and diplomatic views, even tough many repercussions exist in progress of some particular members and within the EU as a whole. The biggest controversy arises in the perspective and expanding of European Union regarding ratification of the Constitution of EU from particular country members, but especially after the referendum was refused from two European countries, France and Netherlands. According to some estimates, the Constitution of EU would have difficulty to be adopted in Switzerland and some other Scandinavian countries, but also in Great Britain and other very developed countries. However the European Community and European Union were developing and expanding towards third European countries, regardless of Constitutional non-existence, where we can assume that if and when the Constitution of EU will be ratified, the EU will further develop as one of the most modern communities. This will enable economical development, especially development of European business, unique European market and free trade of goods and services, market of financial capital and labour market in free movement of labour. Being that EU has become one of the most largest dominating markets in the world, it offers a possibility to all new members to divide labour by using modern knowledge and high technology which insure economical, social and political prosperity. This results to forming a society of European countries which will guarantee all rights and freedom of development for all nations and ethnic groups. As well as, all European countries with somewhat less sovereignty, but in international relations will be stronger and significant, not only in sense of economics, but also in politics and military diplomatic relations. Therefore, Croatia has no choice and perspective if she does not join the European Union till year 2010, but until than it needs to create its strategy of economical and scientific-technological development, including demographic development, which will insure equal progress of Croatia as an equal member of European Union.


2012 ◽  
Vol 59 (3) ◽  
pp. 355-367 ◽  
Author(s):  
Mario Holzner ◽  
Valentina Ivanic

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.


Author(s):  
Michał Pietrzak ◽  
Marcin Mucha

In the period 1990–2013 sugar industry in Poland faced numerous legal transformations, shifting from nearly free-market conditions into a strongly regulated sector. Changes of the sugar industry regulations had a significant impact on the structure of the sugar market, companies’ actions and, as a result, on their performance. Accession to the European Union and the reform of the sugar regime conducted from 2006 to 2010 on the initiative of the European Commission involved deep restructuring and modernization of the factories, which caused growth of their productivity. However, prices of sugar in the EU and in Poland are much higher than prices on the world market.


Equilibrium ◽  
2015 ◽  
Vol 10 (3) ◽  
pp. 105 ◽  
Author(s):  
Elżbieta Czarny ◽  
Paweł Folfas

We analyse potential consequences of the forthcoming Trade and Investment Partnership between the European Union and the United States (TTIP) for trade orientation of both partners. We do it so with along with the short analysis of the characteristics of the third wave of regionalism and the TTIP position in this process as well as the dominant role of the EU and the U.S. in the world economy – especially – in the world trade. Next, we study trade orientation of the hypothetical region created in result of TTIP. We use regional trade introversion index (RTII) to analyze trade between the EU and the U.S. that has taken place until now to get familiar with the potential changes caused by liberalization of trade between both partners. We analyze RTII for mutual trade of the EU and the U.S. Then, we apply disaggregated data to analyze and compare selected partial RTII (e.g. for trade in final and intermediate goods as well as goods produced in the main sectors of economy like agriculture or manufacturing). The analysis of the TTIP region’s orientation of trade based on the historical data from the period 1999-2012 revealed several conclusions. Nowadays, the trade between the EU and the U.S. is constrained by the protection applied by both partners. Trade liberalization constituting one necessary part of TTIP will surely help to intensify this trade. The factor of special concern is trade of agricultural products which is most constrained and will hardly be fully liberalized even within a framework of TTIP. Simultaneously, both parties are even now trading relatively intensively with intermediaries, which are often less protected than the average of the economy for the sake of development of final goods’ production. The manufactured goods are traded relatively often as well, mainly in consequence of their poor protection after many successful liberalization steps in the framework of GATT/WTO. Consequently, we point out that in many respects the TTIP will be important not only for its participants, but for the whole world economy as well. TTIP appears to be an economic and political project with serious consequences for the world economy and politics.


2020 ◽  
Vol 73 (3) ◽  
pp. 603-608
Author(s):  
Ivan M. Rogach ◽  
Gennady O. Slabkiy ◽  
Renata Y. Pogorilyak ◽  
Angelika O. Keretsman ◽  
Ivan I. Gadzhega

The aim of this article was to analyze the dynamics of perinatal mortality and mortality up to 1 year in the Transcarpathian region and Ukraine in comparison with other countries of Europe and the world. Materials and methods: The study is based on data from the Transcarpathian Regional Medical Information and Analytical Center, the Center for Medical Statistics of the Ministry of Health of Ukraine, the European database «Health for All» and the Center for Research of Health Services at the University of Kent, Kiev Economic Institute of the Kiev School of Economics (July 2017). Review: In 2016, mortality under the age of 1 year in Ukraine amounted to 7.4 per 1000 live births, which is 13.5% lower than the same indicator in 2012 (8.4). According to perinatal mortality, in Ukraine this indicator has a level of 8.59 ‰, while the average in the EU countries does not exceed 6.01 ‰. Conclusions: Perinatal and mortality rates up to 1 year in the Transcarpathian region, as in Ukraine as a whole, are an order of magnitude higher than the European average. The same negative trend in the survival of newborns in Transcarpathia and in Ukraine.


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