scholarly journals Dispute Resolution That Divides: The EU-USA Conflict on Investment-State Dispute Resolution

2020 ◽  
Vol 25 (3) ◽  
pp. 43-53
Author(s):  
Judit Glavanits ◽  
Keyword(s):  
European Union ◽  
International Trade ◽  
Trade Policy ◽  
Dispute Resolution ◽  
Scientific Literature ◽  
Trade Agreements ◽  
The European Union ◽  
International Trade Agreements ◽  
The Usa ◽  
The Eu

Investment-state dispute resolution has been a hot topic recently, as we can observe a shift in the international trade agreements – both on the side of politics and economics. The European Union has started to negotiate several new trade agreements – some succeeded, some failed, and among the latter we find the TTIP with the USA. This article focuses on the neuralgic point of ISDS in the trade policy of the EU and the USA and summarizes the arguments for and against the ISDS mechanism reflecting also on the latest scientific literature and statistics.

Establishing healthy pharmaceutical regulations on statutory exclusivity: Lessons from the experience in the European Union, Canada, South Korea, Australia, and the United States

2018 ◽  
Vol 14 (4) ◽  
pp. 167-174 ◽  
Author(s):  
Kyung-Bok Son
Keyword(s):  
United States ◽  
European Union ◽  
International Trade ◽  
South Korea ◽  
Trade Agreements ◽  
The United States ◽  
The European Union ◽  
Middle Income ◽  
International Trade Agreements ◽  
Middle Income Countries

Abstracts Objectives Recent international trade agreements require member countries a prolonged statutory exclusivity for biologics, and domestic legislation guarantees various forms of exclusivity for specific drugs, indications, or studies. This study notes prolonged exclusivity provisions for biologics in the United States and international trade agreements. We aim to review various exclusivity systems, including chemical entities, in selected high-income countries and to suggest implications for establishing the system specifically relevant for biologics in low- and middle-income countries. Methods We conducted a review of a comprehensive range of literature to develop the framework. Then, a comparative legal analysis was conducted to analyze the deviations among the systems in the European Union, Canada, South Korea, Australia, and the United States. Results There is constructive ambiguity in international trade agreements, specifically for provisions regarding biologics. Furthermore, the selected countries operate different statutory exclusivity systems in terms of eligibility for statutory exclusivity, specific measures for exclusivity, and other elements of exclusivity. In addition, market exclusivity, which is distinguished from data exclusivity, is not available in Korea and Australia. There are also various forms of statutory exclusivity for specific drugs, indications, or studies requested by the marketing authority. Conclusions Given constructive ambiguities in international agreements and variations in the manner of implementations of the systems in selected countries, statutory exclusivity for biologics could be established with cautions to mediate the harms. In this study, we suggest several solutions and alternatives for low- and middle-income countries.

Farm Interests as Bargaining Chips: France in the EU-Mercosur Free Trade Negotiations

2010 ◽  
Vol 30 (3) ◽  
pp. 321-343 ◽  
Author(s):  
DIETER KONOLD
Keyword(s):  
European Union ◽  
International Trade ◽  
Trade Policy ◽  
Free Trade ◽  
Agricultural Sector ◽  
Domestic Politics ◽  
The European Union ◽  
Policy Makers ◽  
French Government ◽  
The Eu

AbstractIn trade policy France ranks as one of the most protectionist countries in the European Union. From an outside perspective, the French attitude is usually explained as a consequence of the strength and influence of the agrarian lobby. The article argues that farm groups in France have lost their formerly privileged position and the power to pursue their interests politically. A closer look at domestic politics shows that agricultural reforms were successfully implemented against the opposition of the farm lobby during the last ten years. But at the same time, French policy-makers were keen to create the impression that they were unable to make concessions in international trade talks due to the resistance of the agricultural sector. The EU-Mercosur negotiations demonstrate how the French government fended off demands for liberalization using farm interests as bargaining chips.

scholarly journals Has the Action for Failure to Act in the European Union Lost its Purpose?

2014 ◽  
Vol 7 (2) ◽  
pp. 209-226 ◽  
Author(s):  
Inga Daukšienė ◽  
Arvydas Budnikas
Keyword(s):  
European Union ◽  
Judicial Review ◽  
Scientific Literature ◽  
Case Law ◽  
The European Union ◽  
Eu Legislation ◽  
Court Of Justice ◽  
Legal Remedy ◽  
The Eu

ABSTRACT This article analyzes the purpose of the action for failure to act under article 265 of the Treaty on the Functioning of the European Union (TFEU). The statements are derived from the analysis of scientific literature, relevant legislation, practice of the European Union Court of Justice (CJEU) and the European Union General Court (EUGC). Useful information has also been obtained from the opinions of general advocates of the CJEU. The article of TFEU 265, which governs the action for failure to act, is very abstract. For this reason, a whole procedure under the article 265 TFEU was developed by the EU courts. The original purpose of the action for failure to act was to constitute whether European Union (EU) institution properly fulfilled its obligations under the EU legislation. However, in the course of case-law, a mere EU institution’s express refusal to fulfill its duties became sufficient to constitute that the EU institution acted and therefore action for failure to act became devoid of purpose. This article analyzes whether the action for failure to act has lost its purpose and become an ineffective legal remedy in the system of judicial review in the EU. Additionally, the action for failure to act is compared to similar national actions.

scholarly journals European Union as a Leader in Climate Change Policy: Assessing Europe’s Roles in the World∗

2016 ◽  
Vol 12 (5) ◽  
pp. 285
Author(s):  
Omer Ugur ◽  
Kadir Caner Dogan ◽  
Metin Aksoy
Keyword(s):  
Climate Change ◽  
European Union ◽  
International Politics ◽  
Climate Change Policy ◽  
The European Union ◽  
Change Policy ◽  
The Usa ◽  
The Moment ◽  
Climate Change Politics ◽  
The Eu

The European Union has grown up in terms of influence and size in international politics. The size of its economy and the ever-increasing membership, have seen its ambitions grow meaning that the EU now has an international presence it did not have at its formation. It is easy to say that with the EU being an ambitious actor in international politics, the rise into prominence of climate change naturally came in handy for the EU as it provided an opportunity for the EU to assert itself and prove both its capacity and presence. The 1992 Rio Earth Summit and the withdrawal of the USA from the obligations of the Kyoto came as a blessing in disguise for the Union as it seized the moment to assert itself. Thus, in trying to understand what role the EU has or is playing in international climate change politics, there is need to assess its leadership claims and what it has done to prove these claims. To get there, the paper will navigate through a part of the discipline of International Relations (IR) to understand how it provides for a basis to explain or understand the EU’s limitations and strengths on actorness.

European Union in Counter-Crisis Competition of Power Centers: Potential, Realities, Hopes

2013 ◽  
pp. 68-77
Author(s):  
K. Voronov
Keyword(s):  
European Union ◽  
Gdp Growth ◽  
The European Union ◽  
Historical Experience ◽  
The World ◽  
The Usa ◽  
Evolutionary Robustness ◽  
Power Centers ◽  
Macroeconomic Growth ◽  
The Eu

Despite the crisis, the economy of the European Union remains to be the largest in the world. The economic mechanism of the EU is rather differentiated. It has a great historical experience and possesses sufficient evolutionary robustness. Currently, the former relationships between the EU and the USA undergo substantial changes and new forms emerge. For both of them the greatest challenge is presented by China which in recent decades shows the solid rates of GDP growth. Supposedly, Chines economy will become the world largest on in the new future. Under such conditions the Old World has to conduct a persistent search for new sources of its successful macroeconomic growth.

scholarly journals Impact of Russian Non-Tariff Measures on European Union Agricultural Exports

2016 ◽  
Vol 8 (5) ◽  
pp. 39 ◽  
Author(s):  
Ye Mingque ◽  
Alena Slisava
Keyword(s):  
European Union ◽  
Gravity Model ◽  
Agricultural Products ◽  
The Other ◽  
Kyrgyz Republic ◽  
The European Union ◽  
Domestic Production ◽  
Agricultural Exports ◽  
The Usa ◽  
The Eu

<p>Nowadays non-tariff measures become more and more widely used. Russia is one of world largest importers of agri-products. In order to protect domestic production different non-tariff measures (NTMs) are used, which create difficulties for the exporters because NTMs are strict, changeable and difficult to deal with. This article analyses Russian non-tariff measures and their influence on the European Union exports of agri-products by using gravity model. The results show that Russian trade resistance is weaker for EU agricultural products exporters than for the USA exporters but stronger than for Chinese agricultural products exporters. The results do not prove that Russia’s NTMs have bigger impact on the EU exports than on the other countries’ exports such as India, Kyrgyz Republic, and the Ukraine. The NTM of such countries as China and Mexico also have much greater influence on the EU exports of agri-products than Russian NTMs.</p>

The challenges of federalism to Canada’s international trade relations: The Canada–European Union Comprehensive Economic and Trade Agreement

2017 ◽  
Vol 72 (1) ◽  
pp. 111-119
Author(s):  
Ali Tejpar
Keyword(s):  
European Union ◽  
International Trade ◽  
Trade Agreement ◽  
Trade Agreements ◽  
International Trade Agreements ◽  
Implementation Processes ◽  
Trade Relations ◽  
International Model ◽  
Canadian Federalism ◽  
Canadian Context

As one of the first “second-generation” free trade agreements that address indirect and non-tariff barriers, the Canada–European Union Comprehensive Economic and Trade Agreement (CETA) is likely to serve as an international model. CETA, however, highlights significant challenges for Canadian federalism in both the negotiation and implementation processes of this and any such future trade agreements. While the inclusion of sub-federal governments allows for provinces/territories to help shape the provisions that fall within their jurisdictions, this paper argues that subsequent challenges arise in conveying a unified Canadian commitment to implement the agreement. Overall, the CETA negotiations demonstrated the significant institutional weaknesses of current federal–provincial/territorial relations with respect to international trade agreements. In the Canadian context, this suggests a need for “summit federalism” to ensure that all federal–provincial/territorial governments align their terms and interests and convey a unified commitment to fulfilling Canada’s current and future international trade agreements.

The New Face of CEFTA and its Dispute Resolution Mechanisms

2008 ◽  
Vol 33 (3) ◽  
pp. 257-294 ◽  
Author(s):  
Ljiljana Biuković
Keyword(s):  
Dispute Resolution ◽  
Economic Integration ◽  
Free Trade Agreement ◽  
Dispute Settlement ◽  
Trade Agreement ◽  
Trade Agreements ◽  
The European Union ◽  
Western Balkans ◽  
Dispute Resolution Mechanism ◽  
The Eu

AbstractAmendments made to the Central European Free Trade Agreement (CEFTA) in 2006 mark significant developments in the economic integration of the Western Balkans. Among those amendments were changes to the Agreement's dispute resolution mechanism. This article analyzes the latest developments in economic integration in the Western Balkans and examines the nature and operation of the dispute resolution mechanisms used in CEFTA. Explanations for important changes to the dispute settlement process in CEFTA are suggested by examining the context of the members' economic, political, social and legal surroundings. The article surveys ongoing tendencies in the development of dispute resolution mechanisms in other regional trade agreements, in particular those utilized by the European Union (EU), as a means of exploring the rationale behind the new CEFTA. It argues that the EU practice—developed in EU association agreements with third countries—has inspired the 2006 amendments to the CEFTA dispute resolution mechanism.

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