Regionalism in the WTO and the Legal Status of a Development Agenda in the EU/ACP Economic Partnership Agreement

2009 ◽  
Vol 78 (2) ◽  
pp. 225-248
Author(s):  
Yenkong Ngangjoh Hodu
Keyword(s):  
Legal Status ◽  
Dispute Settlement ◽  
Trade Agreements ◽  
Trade Relations ◽  
Trade Law ◽  
European Court ◽  
African Caribbean ◽  
Economic Partnership ◽  
Partnership Agreement ◽  
The Eu

AbstractThe proliferation of regional trade agreements (RTAs) which share similar ideals with the World Trade Organization (WTO) has added to claims of disintegration within international trade law. Notwithstanding the ambiguity surrounding the reading of General Agreement on Tariffs and Trade (GATT) Article XXIV on RTAs, WTO members are continuously negotiating RTAs with objectives which have so far not received universal acceptance under the WTO treaty system. In the context of European Union (EU)-Africa trade relations, the December 2007 EU-Africa summit was expected to be an appropriate venue for leaders from both sides to resolve the controversy surrounding the idea of development-friendly free trade agreements between the contracting parties. But, the summit was wrapped up without achieving any clear answer to this issue. Similarly, at the multilateral level, i.e. the WTO Doha Development Round negotiations, which the EU and the African, Caribbean and Pacific Group of States have sponsored, numerous development-friendly proposals on RTAs stalled since July 2006. Consequently, in view of this controversy, if development concerns can be factored into economic partnership agreements (EPAs), what would be an acceptable threshold for such RTAs to conform to GATT Article XXIV requirements of “substantially all trade” and “reasonable period of time”? This paper discusses the idea of development and WTO compatibility in the context of the EU-Africa Economic Partnership negotiations. In view of the flawed dispute settlement provisions under the Cotonou Partnership Agreement (CPA), the paper further tries to answer the question of whether the CPA contains rights and obligations that need protection by individual EU member courts and may necessarily be enforced before the European Court of Justice. The paper ends with some thoughts on the post-EPAs adjustment programme.

Implications of the European Union (EU)-African, Caribbean, and Pacific Partnership Agreements on Economic Nationalism

2019 ◽  
pp. 140-157
Author(s):  
Jeffrey Kurebwa ◽  
Shamiso Yikoniko
Keyword(s):  
Technical Assistance ◽  
Specific Reference ◽  
The European Union ◽  
Economic Nationalism ◽  
Trade Relations ◽  
African Caribbean ◽  
Trade Relationship ◽  
Economic Partnership ◽  
Partnership Agreement ◽  
The Eu

This chapter seeks to understand the EU-ACP trade relations under the economic partnership agreement (EPA) arrangement and its implications on economic nationalism of developing nations with specific reference to Zimbabwe. The research strongly leans on the view that EPAs have little or no economic benefit to the ACP. Even though the EU tagged the ensuing trade relationship with the ACP as partnership, in the real sense, it is more of paternalism. This is especially so as the EU dictates the terms and the pace of the negotiation, owns the incentives (in the form of aid and technical assistance), and either dispenses or withdraws it at will, depending on the “behavior” of the ACP countries. In order to benefit from EPAs, ACP countries must fund their own economies. ACP states should also address internal political challenges before committing to multiple economic fronts such as the EPAs.

scholarly journals The pros and cons of the Economic Partnership Agreement (EPA) for the Southern African Development Community (SADC) in the context of Member States’ trade relations with the European Union (EU)

2018 ◽  
Vol 23 (1) ◽  
pp. 69-85
Author(s):  
Małgorzata Czermińska ◽  
Joanna Garlińska-Bielawska
Keyword(s):  
European Union ◽  
The European Union ◽  
Trade Relations ◽  
Advantages And Disadvantages ◽  
Economic Partnership Agreement ◽  
Pros And Cons ◽  
Economic Partnership ◽  
Partnership Agreement ◽  
Benefits And Costs ◽  
The Eu

The article aims to present the benefits and costs for the SADC member countries of the conclusion of EPA and of the implementation of trade liberalisation thereunder, in the light of their trade relations with the European Union. The hypothesis adopted is that for the majority of the SADC countries entering into the agreement will involve improved access for their products to the EU market. The assessment of the advantages and disadvantages of the conclusion of an EPA will take account of a situation in which the countries of the region would not sign an EPA: how their customs status would change and whether it would affect the conditions of trade with the European Union.

scholarly journals East Asia’s Engagement with Cosmopolitan Ideals Under its Trade Treaty Dispute Provisions

2011 ◽  
Vol 56 (4) ◽  
pp. 821-862 ◽  
Author(s):  
Chin Leng Lim
Keyword(s):  
Dispute Settlement ◽  
East Asian ◽  
Asia Pacific ◽  
Open Approach ◽  
Trade Disputes ◽  
Trade Dispute ◽  
Trade Law ◽  
Trading Partners ◽  
Economic Partnership ◽  
Partnership Agreement

An East Asian view about how trade dispute settlement systems should be designed is slowly emerging. Democratically-inspired trade law scholarship and cultural explanations of the international law behaviour of the Southeast and Northeast Asian trading nations have failed to capture or prescribe the actual treaty behaviour of these nations. Instead, such behaviour has resulted in the emergence of two different treaty models for the peaceful settlement of trade disputes. The first, which seems firmly established, may be found in ASEAN’s 2004 dispute settlement protocol and the regimes established under the China-ASEAN, Korea-ASEAN, Japan-ASEAN, and ASEAN-Australia-New Zealand FTAs. A second model, based on the Trans-Pacific Strategic Economic Partnership Agreement, could in time become an alternative model for an Asia-Pacific-wide FTA (i.e., including the East Asian nations within it). It adopts a more open approach; one which better accommodates greater transparency in dispute proceedings. At least for now, the two models coexist, obviating the need for East Asia’s legal policy-makers to choose a clear, dominant design for treaty-based trade dispute settlement in the region. But it also means that East Asia’s trading partners can influence East Asian nations, at least in those trade agreements that—like the Trans-Pacific Partnership Agreement—involve negotiations with trans-continental partners.

Development and Implementation of Digital Tools, Neural Networks, and Cyber Control Systems in Sliding Modes

2020 ◽  
pp. 141-151
Author(s):  
Mikhail Ivanov ◽  
Yulia Vertakova ◽  
Vardan Mkrttchian
Keyword(s):  
Economic Benefit ◽  
Technical Assistance ◽  
Developing Nations ◽  
Specific Reference ◽  
Economic Nationalism ◽  
Trade Relations ◽  
Trade Relationship ◽  
Economic Partnership ◽  
Partnership Agreement ◽  
The Eu

This chapter seeks to understand the EU-ACP trade relations under the economic partnership agreement (EPA) arrangement and its implications on economic nationalism of developing nations with specific reference to Zimbabwe. The research strongly leans on the view that EPAs have little or no economic benefit to the ACP. Even though the EU tagged the ensuing trade relationship with the ACP as partnership, in the real sense, it is more of paternalism. This is especially so as the EU dictates the terms and the pace of the negotiation, owns the incentives (in the form of aid and technical assistance), and either dispenses or withdraws it at will, depending on the “behavior” of the ACP countries. In order to benefit from EPAs, ACP countries must fund their own economies. ACP states should also address internal political challenges before committing to multiple economic fronts such as the EPAs.

scholarly journals Handel produktami rolno-spożywczymi w Umowie o partnerstwie gospodarczym między UE a Japonią

2019 ◽  
Vol 19(34) (2) ◽  
pp. 89-102
Author(s):  
Andżelika Kuźnar ◽  
Jerzy Menkes
Keyword(s):  
Text Analysis ◽  
Agricultural Sector ◽  
Trade Agreements ◽  
The European Union ◽  
Trade Data ◽  
Economic Partnership Agreement ◽  
Economic Partnership ◽  
Partnership Agreement ◽  
High Level ◽  
The Eu

In 2018, the European Union and Japan concluded an Economic Partnership Agreement (EPA), which is one of the widest and most comprehensive trade agreements signed by the Parties to date. This Agreement covers issues related to access to agricultural markets of both Parties, assuming the liberalization of tariff and non-tariff barriers. Due to the greater importance of the agricultural sector in EU exports to Japan than vice versa, as well as the high level of protection of the Japanese market, the Agreement is of great importance for the EU, including Poland’s agri-food exporters. The aim of the paper is to determine the possible effects of EPA on the development of exports of agri-food products from EU countries, in particular from Poland to Japan. The study was based on EPA text analysis and the latest trade data.

The Compatibility of Investment Arbitration in eu Trade Agreements with the eu Judicial System

2016 ◽  
Vol 13 (1) ◽  
pp. 46-63 ◽  
Author(s):  
Dr. Laurens Ankersmit
Keyword(s):  
Dispute Settlement ◽  
Trade Agreements ◽  
Legal Order ◽  
European Court Of Justice ◽  
Court System ◽  
Foreign Investors ◽  
Investment Arbitration ◽  
Court Of Justice ◽  
European Court ◽  
The Eu

This article explores the legality of investment arbitration in eu trade agreements under eu law. Investor-state dispute settlement (isds), including the Investment Court System, allows foreign investors to challenge eu acts and decisions before investment tribunals and these tribunals may be faced with questions of eu law. Since this system of dispute resolution operates entirely outside the eu judicial framework and rivals with it, the powers of the courts of the Member States and that of the European Court of Justice may be adversely affected. This in turn could affect the uniform interpretation and effectiveness of eu law and the autonomy of the eu legal order.

Dispute Settlement Mechanism in a Mixed-Mixed Agreement: Some Loose Ends. The Economic Partnership Agreement EU–ECOWAS–WAEMU

2020 ◽  
Vol 11 (2) ◽  
pp. 319-334
Author(s):  
Gloria Fernández Arribas
Keyword(s):  
Dispute Settlement ◽  
West African ◽  
Economic And Monetary Union ◽  
Dispute Settlement Mechanism ◽  
Member States ◽  
Economic Partnership Agreement ◽  
Economic Partnership ◽  
Partnership Agreement ◽  
Settlement Mechanism ◽  
The Eu

Abstract The EU has developed an important practice regarding partnership agreements that has reached a new stage with mixed-mixed partnership agreements, in which the EU and its Member States are party to an agreement with another international organization and its Member States. Many issues may arise from these kinds of agreements, but this article focuses on the dispute settlement mechanism included in the Economic Partnership Agreement among the EU, Economic Community of West African States (ECOWAS), West African Economic and Monetary Union (WAEMU) and their Member States. The agreement establishes different options for dispute settlement and determining and implementing these dispute settlement mechanisms may give rise to conflicts of law, the overlapping of courts’ competences, and conflicts of competences between the organizations and their Member States or among the Member States. The EU already has a practice in place for resolving these problems, but such a mechanism is lacking in the practices of the ECOWAS and WAEMU.

COMPREHENSIVE AND PROGRESSIVE AGREEMENT FOR TRANS – PACIFIC PARTNERSHIP (TPP – 11): PAST, PRESENT AND FUTURE?

2019 ◽  
pp. 5-18
Author(s):  
Vladimir Yu. Salamatov ◽  
Nataliia M. Galkina
Keyword(s):  
World Economy ◽  
Bilateral Trade ◽  
Trade Agreements ◽  
Regional Trade Agreements ◽  
Regional Trade ◽  
Trade Relations ◽  
Global Trend ◽  
The World ◽  
The Common ◽  
Partnership Agreement

The article considers the global trend towards regional trade agreements (RTA). The authors note that in addition to the common bilateral RTAs, countries conclude multilateral regional trade agreements. In particular, the article examines changes in the world economy, which occur under the influence of the mega-regional trade agreements (MRTA) formation. An example of the MRTA is the Trans-Pacific Partnership Agreement (TPP) and its possible impact onRussiais discussed in the present article. The authors discuss the stages of TPP development, its goals, provisions, innovations and prospects. The article analyses an example of a country’s withdrawal from an agreement, its’ consequences and possible impact on the country itself and other signatory countries to the agreement. The article points out the differences between TPP and TPP-11. Inparticular, the article discusses the possible impact of the TPP-11 onRussia. Trade relations betweenRussiaand TPP-11 signatory countries are considered, and key markets among TPP-11 countries are identified. The article highlights the importance ofRussia's rapid response to the possible consequences of the TPP-11, including the possible conclusion of bilateral trade agreements between the EAEU, whereRussiais a member, and potential partners from TPP-11 countries.

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