Investor to State Dispute Settlement (ISDS) Mechanisms: A Comparison of Evolving Legal Approaches in Brazilian and Latin American with the European Union

2018 ◽  
Author(s):  
Daniele Bianchi ◽  
Kirstyn Inglis
Keyword(s):  
European Union ◽  
Latin American ◽  
Dispute Settlement ◽  
The European Union

EUROPEAN UNION IN WTO’S DISPUTE SETTLEMENT SYSTEM

2020 ◽  
Vol 4 (XX) ◽  
pp. 33-49
Author(s):  
Małgorzata Czermińska
Keyword(s):  
European Union ◽  
Dispute Settlement ◽  
World Trade Organisation ◽  
The European Union ◽  
Dispute Settlement Mechanism ◽  
Settlement System ◽  
Dispute Settlement System ◽  
Trade Conflicts ◽  
Settlement Mechanism ◽  
Descriptive Method

The World Trade Organisation (WTO) serves as a forum for co-operation, currently for as many as 164 countries, and in addition, it allows for the resolution, also amicably, of trade conflicts between parties, consequently, settling disputes between them. One of essential provisions of the Uruguay Round (UR) of the General Agreement on Tariffs and Trade (GATT) included the introduction of a new dispute settlement mechanism, that is to say, the Dispute Settlement Understanding (DSU), which became effective on 1 January 1995. Member States of the European Union were not only actively involved in developing the rules of the international trade system, but they also influenced, to a large extent, the form of both such rules and of ongoing trade negotiations, as well as they assumed and still assume responsibility for the final arrangements. Hence, their role in the multilateral trade system is both active and passive. This paper aims to demonstrate the functioning of the WTO’s dispute settlement mechanism and show the role which the European Union serves in this system. The Article employs an analytical and descriptive method. It draws on sources from the national and international literature and WTO’s databases.

European Communities – Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China – Recourse to Article 21.5 of the DSU by China (EC–Fasteners (China) (Article 21.5–China), DS397)

2016 ◽  
Vol 15 (4) ◽  
pp. 703-705 ◽  
Author(s):  
Geoffrey Carlson
Keyword(s):  
European Union ◽  
Dispute Settlement ◽  
The European Union ◽  
Antidumping Duties

This compliance proceeding under Article 21.5 of the Dispute Settlement Understanding (DSU) concerned measures taken by the European Union to implement the recommendations and rulings of the Dispute Settlement Body (DSB) in EC–Fasteners (China). In EC–Fasteners (China), the DSB found, inter alia, that a European Communities measure imposing definitive antidumping duties on imports of certain iron or steel fasteners from China was inconsistent with certain aspects of the Anti-Dumping Agreement (ADA). The European Union's measures taken to comply with the recommendations and rulings of the DSB consisted, inter alia, of an anti-dumping review investigation regarding fasteners from China (the Review Investigation) conducted by the Commission of the European Union (the Commission). The conduct of the Commission in the Review Investigation was the focus of this compliance proceeding.

scholarly journals Russia - Latin America Economic Cooperation: Insights from EU - CELAC Sustainable Development Concept

2021 ◽  
Vol 21 (4) ◽  
pp. 785-802
Author(s):  
Alla Yu. Borzova ◽  
Arkadiy A. Eremin ◽  
Natalia V. Ivkina ◽  
Oleg K. Petrovich-Belkin
Keyword(s):  
European Union ◽  
Sustainable Development ◽  
Latin America ◽  
Latin American ◽  
Alternative Energy ◽  
Structural Changes ◽  
Green Economy ◽  
The European Union ◽  
Interregional Cooperation ◽  
Development Paradigm

The article considers cooperation patterns between the European Union (EU) and CELAC (Community of Latin America and the Caribbean) in the context of creatively applying this experience to a broader topic of Russia - Latin America multilevel cooperation. The concept of sustainable development, which implies interaction in accordance with its three main dimensions: environmental, social and economic, is adopted on the global level. The interaction between EU and CELAC contributes to the progress in achieving the goals of sustainable development, where a lot of attention is paid to the green economy, alternative energy, and social aspects, since the environmental aspects constraints are providing the most significant impetus to structural changes in the existing development paradigm. This in return is expected to create a model that ensures economic growth based on a green economy, alternative energy, with greater equality and social inclusiveness. At supranational level in the European Union an effective and systemic policy has been formed in the field of nature conservation and combating climate change, which without a doubt can be considered one of the most progressive ones in the world, which creates potential for sharing these experiences with less developed and fortunate nations. European programs for Latin American and Caribbean (LAC) countries have become an important factor in the development of interregional cooperation in environmental protection, biodiversity conservation, and countering natural disasters. The article also focuses on the most recent changes that have occurred in the sphere of interaction between CELAC and EU in the context of COVID-19 pandemic. Massive structural and conceptual changes that have seriously reshaped the priorities and funding of joint programmers between two organizations reflects new priorities for sustainable development in general when it comes to new world realities in post-pandemic world, and could be useful for Russian model for the relations with this region.

From Washington with Love—Investor–State Arbitration and the Jurisdictional Monopoly of the Court of Justice of the European Union

2010 ◽  
Vol 12 ◽  
pp. 425-453
Author(s):  
Philip Strik
Keyword(s):  
European Union ◽  
Dispute Settlement ◽  
Case Law ◽  
Legal Order ◽  
Forum Shopping ◽  
Eu Law ◽  
The European Union ◽  
Court Of Justice ◽  
International Dispute ◽  
The Eu

AbstractWhile investor–State arbitration is to a large extent detached from the EU legal order, EU law has recently started to be invoked in investor-State arbitration proceedings. In the context of intra-EU bilateral investment treaties, the Commission has expressed the view that investor-State arbitration gives rise to a number of ‘arbitration risks’ for the EU legal order. Not only can it solicit investors to engage in forum-shopping, but it can also result in questions of EU law not being litigated in Member State or Union courts. This chapter explores the extent to which the compatibility of investor–State arbitration with the EU legal order is in issue. It examines the main features of investor-State arbitration as concerns its interplay with the EU legal order, as well as the Court of Justice’s case law on issues of compatibility between systems of international dispute settlement and the EU legal order. The chapter highlights that the way in which investor–State arbitral tribunals handle issues of EU law, as well as the involvement of interested parties, may foster the synergy between investor–State arbitration and the EU legal order.

scholarly journals Passive European Union Influence

2021 ◽  
pp. 134-157
Author(s):  
Tobias Lenz
Keyword(s):  
European Union ◽  
Member State ◽  
Dispute Settlement ◽  
Process Tracing ◽  
The European Union ◽  
Statistical Association ◽  
Policy Makers ◽  
Secondary Sources ◽  
Primary Documents ◽  
National Governments

This chapter traces the European Union’s passive influence in the establishment of the Mercosur Permanent Review Tribunal in 2004. This is an useful case to study passive EU influence because the Tribunal’s establishment constitutes an unlikely case from the perspective of existing explanations of dispute settlement design and it is representative of a statistical association presented in Chapter 4. Through a detailed process tracing exercise that reconstructs the institutional preferences and strategies of national governments and the process of international bargaining on the basis of primary documents, interviews with policy-makers and secondary sources, it shows how the European Union, through its passive influence on the institutional preferences of Uruguay, the bloc’s smallest member state, shaped the design of the Tribunal. In the absence of passive EU influence, the chapter concludes, the Tribunal would have been less institutionalized.

Ethnic networks and multinational firms’ location decisions

2020 ◽  
Vol 30 (2) ◽  
pp. 279-298
Author(s):  
Jorge Alcaraz ◽  
Elizabeth Salamanca ◽  
Otto Regalado-Pezúa
Keyword(s):  
European Union ◽  
Social Network ◽  
North America ◽  
Latin American ◽  
Network Theory ◽  
Social Network Theory ◽  
Location Decisions ◽  
The European Union ◽  
Content Type ◽  
Ethnic Networks

Purpose The purpose of this study is to identify the effect of ethnic networks on firms’ location decisions using social network theory and the homophily principle. Design/methodology/approach A traditional gravity model is used on a sample composed of high-skilled and low-skilled ethnic networks and multinational enterprises (MNEs) from Latin America, North America and the European Union. Findings Contrary to findings of previous studies, ethnic networks do not appear to influence location decisions of Latin American firms expanding into countries from North America and the European Union. This might be because of weak ethnic connections among the players. Practical implications Managers must be aware that ethnic networks not always can be used for the strategy of the firm, at least regarding location. Social implications Governments and entrepreneurial and immigrant associations from home and host countries could develop initiatives addressed to strengthening the links between the members of the networks. Originality/value This study extends the social network theory in the sense that ethnic networks do not always positively affect firms’ location. Moreover, it is important to consider the specific context or features of the members of a network before analyzing its effects on firms’ location.

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