Does the European Union Have New Clothes?: Understanding the EU’s New Investment Treaty Model

2016 ◽  
pp. 773-822 ◽  
Author(s):  
Kyle Dylan Dickson-Smith
Keyword(s):  
European Union ◽  
Robust Design ◽  
The European Union ◽  
Investment Treaty ◽  
Appellate Body ◽  
Transatlantic Trade ◽  
Investment Agreement ◽  
General Exceptions ◽  
Trade And Investment ◽  
The Eu

The purpose of this article is to critically analyse the methodology and impact of the investment chapter the European Union (EU) proposed for the Transatlantic Trade and Investment Partnership (TTIP). It focusses on the innovations of an appellate body and the incorporation of a ‘right to regulate’-provision, as well as general exceptions that are very similar to Article XX of the GATT. In light of the development that these features have been replicated in the CETA and the EU-Vietnam FTA, it questions why the EU is changing the traditional form of investor-State arbitration in a preferential trade and investment agreement and whether the EU’s model is viable, and formulated on a robust design that will stand the test of time.

Negotiating 21st Century Rules on Energy: What Is at Stake for the European Union, the United States and the BRICS?

2018 ◽  
Vol 19 (3) ◽  
pp. 415-443 ◽  
Author(s):  
Ilaria Espa ◽  
Kateryna Holzer
Keyword(s):  
United States ◽  
European Union ◽  
Renewable Energy ◽  
The United States ◽  
Energy Market ◽  
The European Union ◽  
Transatlantic Trade ◽  
Energy Trade ◽  
Trade And Investment ◽  
The Eu

Abstract In the context of the Transatlantic Trade and Investment Partnership (TTIP), the European Union (EU) has taken the lead in promoting the inclusion of a specific chapter on energy trade and investment in order to enhance energy security and promote renewable energy. Irrespective of the success of the TTIP negotiations, the EU proposal can contribute to developing multilateral rules on energy trade and investment. This is especially important given the increased number of energy disputes filed by the EU and the United States against other leading energy market players, including the BRICS. This article provides a normative analysis of the new rules proposed by the EU and reflects on potential responses of BRICS energy regulators. It argues that, while these rules are unlikely to immediately affect BRICS energy practices, they may eventually be ‘imported’ in BRICS domestic jurisdictions in order to promote renewable energy and attract investment in energy infrastructure.

scholarly journals Implications of the Transatlantic Trade and Investment Partnership (TTIP) for Investment Flows Between the European Union and the USA

2017 ◽  
Vol 20 (3) ◽  
pp. 25-39
Author(s):  
Janina Witkowska
Keyword(s):  
European Union ◽  
Free Trade ◽  
Dispute Settlement ◽  
Free Trade Area ◽  
The European Union ◽  
Investment Protection ◽  
Transatlantic Trade ◽  
The Usa ◽  
Trade And Investment ◽  
The Eu

The Transatlantic Trade and Investment Partnership (TTIP) is a controversial subject, but at the same time it is perceived to be the most comprehensive international agreement on free trade and investment protection. Among the topics that evoke criticism on the part of different social groups is the investor‑state dispute‑settlement (ISDS), as well as its legal consequences for the EU Member states. A less discussed issue is the potential implications of the agreement on the state of economic co‑operation between the European Union and the USA in the field of investment flows, with special reference to foreign direct investment (FDI). The aim of this paper is to present the discussion related to the ISDS and examine some of the economic, political and legal implications of TTIP provisions for FDI flows between the EU and the USA. The proposals of the European Commission to change the investment protection system might be treated as an attempt to make the system of arbitrage more transparent and convincing to societies, and safer for states. The effects of the TTIP agreement for FDI between both partners might be dependent on the scale of trade creation and diversion effects, and the mirror effects of investment creation and diversion under a free trade area.

scholarly journals Advantages and threats of the Transatlantic Trade and Investment Partnership (TTIP)

2017 ◽  
Vol 3 (1) ◽  
pp. 81-87
Author(s):  
Oleh Ożarowski
Keyword(s):  
United States ◽  
European Union ◽  
The United States ◽  
Trade Barriers ◽  
The European Union ◽  
Goods And Services ◽  
Transatlantic Trade ◽  
Two Sides ◽  
Trade And Investment ◽  
The Eu

The Transatlantic Trade and Investment Partnership (TTIP) is a major trade pact created to further integration of the EU and US economies. In today’s low-tariff reality, the agreement concentrates on eliminating nontariff trade barriers between the states, such as the differing standards in the European union and in the United States for given consumer goods and services. Unfortunately, a number of barriers threaten ratification. The agreement remains far from implementation and it is hard to measure how the two sides would benefit from it equally.

scholarly journals The WTO, Self-Determination, and Multi-Jurisdictional Sovereignty

AJIL Unbound ◽  
2014 ◽  
Vol 108 ◽  
pp. 287-294
Author(s):  
Michael Fakhri
Keyword(s):  
European Union ◽  
World Trade ◽  
Indigenous Communities ◽  
Self Determination ◽  
The European Union ◽  
Most Favored Nation ◽  
Appellate Body ◽  
The World ◽  
Wto Appellate Body ◽  
The Eu

In EC—Seal Products, the World Trade Organization (WTO) Appellate Body (AB) held that the European Union (EU) Seal Regime banning the importation of seal products could be justified under General Agreement on Tariffs and Trade (GATT) Article XX(a) as a measure necessary toprotect public morals. It also held that the indigenous communities (IC) exception under the EU Seal Regime is inconsistent with GATT Article I:1 (Most-Favored Nation) because it discriminated against commercial fishers in Canada and Norway and was applied in a manner that favored the mostly Inuit seal hunters of Greenland, and thus ran afoul of Article XX’s chapeau. Since the entire EU Seal Regime is not likely to be done away with, the most important question for Inuit communities is: how will the EU change the discriminatory aspects of the Seal Regime and IC exception? The EU faces an October deadlineto pass its new legislation and this remains a very live issue.

The eu-Vietnam Free Trade Agreement – A Successful Attempt to Protect Vietnam’s Environment While Pushing for Economic Integration?

2017 ◽  
Vol 14 (2) ◽  
pp. 208-222
Author(s):  
Heidi Stockhaus
Keyword(s):  
European Union ◽  
Free Trade ◽  
Economic Integration ◽  
Free Trade Agreement ◽  
Trade Agreement ◽  
The European Union ◽  
The Past ◽  
Successful Attempt ◽  
Trade And Investment ◽  
The Eu

The new free trade agreement with the European Union will bring Vietnam’s economic integration to a new level once it enters into force. In the past, the associated economic growth has led to environmental deterioration due to inappropriate regulations and poor enforcement. Currently, environmental problems are visible everywhere and attract the attention of citizens as well as lawmakers. The new free trade agreement establishes a framework for sustainable development in the context of trade and investment. The relevant provisions aim to maintain Vietnam’s right to regulate for the targeted protection level, require the country to take measures to mitigate the pressure on the environment, and open the door for cooperation with the European Union. However, it remains to be seen, whether these provisions balance the risks associated with the increase in trade and investment through the free trade agreement.

scholarly journals Rethinking non-recognition: The EU’s Investment Agreement with Taiwan under the One-China Policy

2020 ◽  
Vol 33 (3) ◽  
pp. 689-712
Author(s):  
Pasha L. Hsieh
Keyword(s):  
International Relations ◽  
Asia Pacific ◽  
The European Union ◽  
China Policy ◽  
Investment Protection ◽  
Investment Agreement ◽  
The One ◽  
Interdisciplinary Study ◽  
Trade And Investment ◽  
The Eu

AbstractThis article re-examines the theories of recognition and non-recognition in the context of the evolving framework of the European Union (EU)’s trade and investment relations with Taiwan from legal and international relations perspectives. Notwithstanding its one-China policy, the EU has developed a pragmatic approach to engaging Taiwan under bilateral consultations and World Trade Organization negotiations that have built the foundation for the bilateral investment agreement (BIA). The article argues that since the 1980s, the EU has accorded diverse forms of recognition to Taiwan and the BIA will buttress the process. To substantiate the contention, the article systemically explores the political and trade policies of European states and EU institutions in line with their strategies toward cross-strait relations.By deciphering the new momentum that has galvanized the European Commission’s strategy towards the EU-Taiwan BIA, the research sheds light on the implications of European Parliament resolutions and the EU’s investment talks with China. The structure and impact of the BIA are also analysed in light of EU investment protection agreements with Singapore and Vietnam. Hence, the findings contribute to the interdisciplinary study of international law and international relations and enhance the understanding of the EU’s Asia-Pacific trade and investment agreements.

scholarly journals A Standing Investment Court under TTIP from the Perspective of the Court of Justice of the European Union

2016 ◽  
pp. 701-742
Author(s):  
Szilárd Gáspár-Szilágyi
Keyword(s):  
European Union ◽  
Fundamental Rights ◽  
Court System ◽  
Eu Law ◽  
The European Union ◽  
Exclusive Jurisdiction ◽  
Transatlantic Trade ◽  
Court Of Justice ◽  
Eu Fundamental Rights ◽  
Trade And Investment

This article critically assesses the feasibility of the recently proposed Investment Court System (ICS) under the envisaged Transatlantic Trade and Investment Partnership (TTIP), from the perspective of the Court of Justice of the European Union (CJEU). It is argued that an ex ante assessment of the ICS by the CJEU would likely result in several incompatibilities between the ICS and EU law, since insufficient safeguards exist guaranteeing that the ICS will not interfere with EU fundamental rights and the CJEU’s exclusive jurisdiction to deliver binding interpretations of EU law. Moreover, it is not yet certain whether an incompatibility exists with Article 344 TFEU or with substantive EU values. Furthermore, no preliminary reference mechanism is envisaged with a binding ruling of the CJEU and even if such a system were included, it is uncertain whether the ICS could refer a question to the CJEU.

The Effects of T-TIP Market Access Reform on EU Beef Import Demand

2017 ◽  
Vol 15 (1) ◽  
Author(s):  
Amanda M Countryman ◽  
Andrew Muhammad
Keyword(s):  
Market Access ◽  
Trade Agreement ◽  
The United States ◽  
Import Demand ◽  
The European Union ◽  
Transatlantic Trade ◽  
Beef Products ◽  
Production Practices ◽  
Trade And Investment ◽  
The Eu

AbstractImport policies in the European Union have greatly restricted beef imports from all sources. The presence of a binding tariff-rate quota (TRQ) on beef imports in tandem with sanitary and phytosanitary restrictions on biotechnological food products specifically inhibit beef imports from the United States and limit market access in the EU. Potential passage of the Transatlantic Trade and Investment Partnership may lead to a loosening of non-tariff measures (NTM) that serve as technical barriers to trade and give rise to the coexistence of hormone and non-hormone beef products in the EU marketplace. This research assesses the potential changes in import demand for beef under a trade agreement that allows for imports of conventional beef as well as an expansion of the existing TRQ in the EU beef import market. Results confirm that EU imports of beef will increase from all sources with an expansion of the TRQ and that elimination of the NTM related to beef production practices leads to an increase in competiveness of U.S. and Australian beef in the EU import market.

scholarly journals How Much Is Enough? Explaining the Continuous Transparency Conflict in TTIP

2017 ◽  
Vol 5 (3) ◽  
pp. 16-28 ◽  
Author(s):  
Niels Gheyle ◽  
Ferdi De Ville
Keyword(s):  
European Union ◽  
Content Analysis ◽  
Civil Society ◽  
European Commission ◽  
Civil Society Organizations ◽  
Central Issue ◽  
The European Union ◽  
Transatlantic Trade ◽  
Trade And Investment

Transparency has been a central issue in the debate regarding the Transatlantic Trade and Investment Partnership (TTIP), especially on the side of the European Union (EU). The lack of transparency in the negotiating process has been one of the main criticisms of civil society organizations (CSOs). The European Commission (EC) has tried to gain support for the negotiations through various ‘transparency initiatives’. Nonetheless, criticism by CSOs with regard to TTIP in general and the lack of transparency in specific remained prevalent. In this article, we explain this gap between various transparency initiatives implemented by the EC in TTIP and the expectations on the side of European CSOs. We perform a content analysis of position papers on transparency produced by CSOs, mainly in response to a European Ombudsman consultation, complemented by a number of official documents and targeted interviews. We find that the gap between the TTIP transparency initiatives and the expectations of CSOs can be explained by different views on what constitutes legitimate trade governance, and the role of transparency, participation, and accountability herein.

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