scholarly journals An Ethical View on International Trade Agreements TTIP and CETA in the Republic of Croatia

JAHR ◽  
2019 ◽  
Vol 10 (2) ◽  
pp. 375-394
Author(s):  
Mile Marinčić ◽  
Berislav Čović

The topic of TTIP and CETA was almost completely suppressed in Croatia.1 Those are very important international agreements which could have far-reaching consequences both for the world and individual countries. Maybe Croatia, as well as the EU, is not so much involved in the whole story concerning TTIP. However, CETA is an agreement signed by Canada with the European Union. Therefore, after the approval of the European Parliament, EU provisions, such as the customs policy, can immediately start to apply, which means abolishing duty rates for 99% of the products as early as 1 January 2017. The decision on the CETA conclusion on behalf of Croatia was initiated by the technical Government of Tihomir Orešković at its last session.2 The superficial interpretation of these certainly not harmless agreements is of too little interest to both philosophers and theologians in Croatia, and except for the Centre of Excellence for Integrative Bioethics’3 reaction concerning this question, other philosophical-theological discussions seem to be lacking. The impression is that philosophers and theologians feel these issues do not concern them. In this paper we will try to make clear that the above-mentioned international agreements concern both philosophers and theologians, and that they certainly should, from their field, from the theoretical level, engage in the discussion of the said agreements.

2020 ◽  
Vol 144 (3) ◽  
pp. 274-293

The Republic of Korea (South Korea) is one of the typical, newly-industrialised economies of Asia (ANIEs) that has undergone spectacular economic and social development over the last half century. Since the 1960s it has developed gradually and has become one of the most advanced nations of the world. As a result of the stalemate of the Doha-round, and of the financial and economic crisis in 2008–2009, a new trend seems to have emerged in the field of trade liberalization in the world. Instead of striving for a comprehensive, multilateral framework, a growing number of “new generation” free trade agreements have been emerging that are concluded on a bilateral level or among a few countries. The Republic of Korea joined this trend in 2008. Since then it has concluded a number of FTAs with Asian, American, European and other partners including the USA and the European Union, and it still has a number of draft agreements under negotiation. The EU-Korea FTA (KOREU) entered into force on 1 July 2011, marking a new era in EU-Korea trade relations. It is the most comprehensive free trade agreement ever concluded by the EU, and the first with a partner country in Asia. Since it came into force, import duties have been eliminated on nearly all products (98.7 % of duties within five years), which resulted in a far-reaching trade liberalization in services as well. Since 2011 the European Union’s exports to Korea have been growing, and the former trade deficit in the EU-Korea relations has shifted to European surplus in the balance of trade. This can be seen as an advantage for the EU, but it also reflects the vulnerability of the Korean economy’s competitiveness.


2021 ◽  
pp. 1-20
Author(s):  
Filippo FONTANELLI

In the World Trade Organization (WTO), the US approach to science-based risks and trade restrictions prevailed over that of the European Union (EU). The EU, dissatisfied with the margin of action available when “relevant scientific evidence is insufficient”, largely kept intact its internal practice on marketing and importing genetically modified (GM) crops and GM-containing products. The goal of this article is to ascertain whether these regulatory preferences of the US and the EU translate into their post-Biotech external trade efforts. US and EU preferential trade agreements are scanned for rules on trade in biotechnology goods or the use of precautionary elements in regulation. It transpires that neither bloc systematically tries (or manages) to bend trade agreements to accommodate its defensive or offensive trade interests in this field. Among the possible reasons for this apparent inertia are the US confidence in the WTO baseline and the EU preference for a “don’t ask, don’t tell” approach to its trade-restrictive policy in this area.


Author(s):  
Jens Ladefoged Mortensen

In a time of trade wars, free trade skepticism, tech rivalry, and multipolar disorder, the European Union (EU) cannot evade its responsibilities the last defender of the World Trade Organization (WTO). Yet, it raises the question of whether the EU has power to defend the WTO. The EU is a multilateralist-oriented power of global magnitude. Unlike the United States, the EU is openly defending the WTO in the current crisis created by continued refusal to appointment WTO Appellate Body members. Like the United States, the EU is concerned with the illegitimate trade practices of China. Yet, the EU uses diplomatic pressure on China within the rules of the WTO. The EU is actively trying to rescue the rule-based trade system. Yet, it cannot do so alone. It needs support, not just form other WTO members but also from within Europe itself. The current crisis is in part rooted in the inability of the WTO members to update the WTO rulebook. The focus will be on the potential clash between a more assertive EU on sustainability and the absence of updated WTO rules on sustainable trade issues. This may force the EU to confront a deep-rooted policy dilemma. The question is whether the EU should continue to refrain from using its market power to promote sustainable trade in respect of the WTO. As the EU is about to ratify several bilateral trade agreements of commercial, geo-economic, and indeed geo-political importance, such as the EU–Mercosur or EU–Vietnam agreements, the rule-orientation of the EU faces growing domestic opposition as well as external contestation. Furthermore, the EU is modernizing its trade defense weaponry, the antidumping instrument, and has recently declared its intent to impose unilateral climate-related trade policy measures, the carbon-adjustment tariff, in the future. Thus, an incident such as the burning of the Amazon forest may force the EU to take a tougher stance on sustainability at the risk of bringing the EU on a collision course with the WTO itself, its rules, process, and member states. Consequently, the complex setup of the EU as a trade power could make it difficult to ratify WTO-compatible trade agreements in the future.


2020 ◽  
Vol 25 (3) ◽  
pp. 43-53
Author(s):  
Judit Glavanits ◽  

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.


Revizor ◽  
2020 ◽  
Vol 23 (91-92) ◽  
pp. 49-55
Author(s):  
Sanja Jelisavac-Trošić

This paper deals with the Republic of Serbia's accession to the World Trade Organization (WTO) and the European Union (EU). Research is based on a literature review, understanding of current settings in accession, and synthesis of findings. Within the scope of the paper, there was presented genesis of both accession processes and current challenges. Results show that the Republic of Serbia has both interconnected and interdependent negotiations with the EU and WTO, which should be considered for further accession steps as we present within this paper.


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.


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.


Author(s):  
Ivan Yakovyuk ◽  
Suzanna Asiryan ◽  
Anastasiya Lazurenko

Problem setting. On October 7, 2021, the Constitutional Tribunal of the Republic of Poland ruled in favor of Polish law over European Union law, which in the long run may violate the principles according to which the Union operates and the rights enjoyed by citizens of the state. Such a precedent can further serve as a basis for identical decisions of the bodies of constitutional jurisdiction of those states that have problems in fulfilling their obligations in the European community. Analysis of recent researches and publications. The problems of the functioning of the bodies of the European Union, the implementation of their decisions and the general status in EU law are widely studied in national science. In particular, many scholars have studied the legal nature of the EU, including: TM Anakina, VI Muravyov, NM Ushakov, A. Ya. Kapustina, NA Korolyova, Yu. Yumashev, BN Topornin, OYa Tragniuk, SS Seliverstov, IV Yakovyuk and others. Target of research is to establish the foundations of EU law in the functioning of Union bodies, especially the Court, as well as to determine the hierarchy of national law and EU law. Article’s main body. Over the years, the Court has, within its jurisdiction, issued a large number of judgments which have become the source of the Union’s Constituent Treaties and of EU law in general. Over the last two decades, the powers of the Court of Justice have changed significantly. In particular, this is due to the adoption of the Lisbon Treaty, which amended the EU’s founding treaties on the powers of the Court, then the reform of the European Court took place in 2015-2016, which concerned a change in the organizational structure of the Court. Despite the generally well-established case law of the Court of Justice of the European Union on the unification of the observance by the Member States of the basic principles of the European Union, the Constitutional Tribunal of the Republic of Poland adopted a decision on 7 October. Conclusions and prospects for the development. Following the decision of the Constitutional Court, the Polish authorities found themselves in a situation that significantly complicated its internal and external situation. The way out of which requires answers to fundamental questions about the legal nature of the EU. Undoubtedly, this is an issue not only between Poland and the EU, but also between other member states.


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.


2006 ◽  
Vol 51 (168) ◽  
pp. 49-72 ◽  
Author(s):  
Besim Culahovic

The European Union (EU) trade policy towards Western Balkan's countries (Albania, Bosnia-Herzegovina, Croatia, Serbia and Montenegro and the Republic of Macedonia) is one of the important tools of EU's integration strategy. The exports from the Western Balkan?s countries to the European Union(15) are preferred within special autonomous trade measures for the Western Balkan?s countries which were introduced by the EU in September 2000 (the 2000TM). The 2000TM are a far-ranging set of preferences which provide the Western Balkan?s countries with unparalleled market access to the EU, and hence with the potential both to develop the existing exports and to generate new exports. However, the Western Balkan?s countries exports to the EU are far below the level which could reasonably be expected. In all Western Balkan?s countries a number of supply-side and domestic policy reasons are identified for this under-performance, which suggests that the 2000TM are likely in part to rectify the situation. The economic regeneration of the Western Balkan?s countries will depend on the success of internal economic reform and on the adoption of economic and trade policies which specifically identify and address some serious supply-side constraints.


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