scholarly journals A Common Market Problem Becomes More Common: the Trans-Tasman Proceedings Act 2010

2021 ◽  
Author(s):  
◽  
Matthew Webb
Keyword(s):  
New Zealand ◽  
Common Market ◽  
The European Union ◽  
Economic Market ◽  
Strong Argument ◽  
Outer World ◽  
Market State ◽  
The Common ◽  
Civil Judgment ◽  
The Impact

<p>As part of a wider process of economic integration and the move towards a single integrated economic market, Australia and New Zealand entered into bi-lateral treaty in 2008 in order to resolve existing issues with the reciprocal enforcement of civil judgment which had arisen between the two countries. Labelled the “Christchurch Agreement” this treaty was incorporated by both countries into their domestic law in 2010 and now governs the allocation of disputes between Australia and New Zealand, where the parties are located within the common market of Australia and New Zealand and inter-state enforcement of civil judgments more generally. The Trans-Tasman Proceedings Act 2010 (Cth) and (NZ) (“TTPA”), will arguably provide significant benefits by reducing barriers to trade and improving the economic prosperity of both countries. However it is argued that, similar to other common market reciprocal enforcement schemes (such as the Brussels Model in the European Union), Australia and New Zealand failed to consider the impact of the outer world problem. The outer world problem is a recurring theme in common market arrangements, and results from a failure to provide generic proportionate jurisdictional test for cases involving foreign defendants sued in a common market state. The result is excessive jurisdictional rules within a particular state can potentially result in proceedings being retained where there is a strong argument the dispute is more closely connected with another forum. The resulting judgment (should judgment in the plaintiff’s favour be granted), can then be quickly enforced throughout the common market (specifically New Zealand) to the disadvantage of the defendant. The outer world problem is clearly present under the TTPA scheme, beginning in Australia and cumulating in enforcement of the judgment in New Zealand. It remains present even in the case of international commercial contract disputes. This is unfair and discriminatory towards foreign defendants, and arguably justifies reform, or at least discussion and justification of this approach.</p>

scholarly journals A Common Market Problem Becomes More Common: the Trans-Tasman Proceedings Act 2010

2021 ◽  
Author(s):  
◽  
Matthew Webb
Keyword(s):  
New Zealand ◽  
Common Market ◽  
The European Union ◽  
Economic Market ◽  
Strong Argument ◽  
Outer World ◽  
Market State ◽  
The Common ◽  
Civil Judgment ◽  
The Impact

<p>As part of a wider process of economic integration and the move towards a single integrated economic market, Australia and New Zealand entered into bi-lateral treaty in 2008 in order to resolve existing issues with the reciprocal enforcement of civil judgment which had arisen between the two countries. Labelled the “Christchurch Agreement” this treaty was incorporated by both countries into their domestic law in 2010 and now governs the allocation of disputes between Australia and New Zealand, where the parties are located within the common market of Australia and New Zealand and inter-state enforcement of civil judgments more generally. The Trans-Tasman Proceedings Act 2010 (Cth) and (NZ) (“TTPA”), will arguably provide significant benefits by reducing barriers to trade and improving the economic prosperity of both countries. However it is argued that, similar to other common market reciprocal enforcement schemes (such as the Brussels Model in the European Union), Australia and New Zealand failed to consider the impact of the outer world problem. The outer world problem is a recurring theme in common market arrangements, and results from a failure to provide generic proportionate jurisdictional test for cases involving foreign defendants sued in a common market state. The result is excessive jurisdictional rules within a particular state can potentially result in proceedings being retained where there is a strong argument the dispute is more closely connected with another forum. The resulting judgment (should judgment in the plaintiff’s favour be granted), can then be quickly enforced throughout the common market (specifically New Zealand) to the disadvantage of the defendant. The outer world problem is clearly present under the TTPA scheme, beginning in Australia and cumulating in enforcement of the judgment in New Zealand. It remains present even in the case of international commercial contract disputes. This is unfair and discriminatory towards foreign defendants, and arguably justifies reform, or at least discussion and justification of this approach.</p>

scholarly journals The North Caucasus Region as a Blind Spot in the “European Green Deal”: Energy Supply Security and Energy Superpower Russia

Energies ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 17
Author(s):  
José Antonio Peña-Ramos ◽  
Philipp Bagus ◽  
Dmitri Amirov-Belova
Keyword(s):  
European Union ◽  
Energy Supply ◽  
Blind Spot ◽  
Illustrative Case ◽  
The European Union ◽  
North Caucasus ◽  
Strong Argument ◽  
The North ◽  
The Impact ◽  
Energy Supply Security

The “European Green Deal” has ambitious aims, such as net-zero greenhouse gas emissions by 2050. While the European Union aims to make its energies greener, Russia pursues power-goals based on its status as a geo-energy superpower. A successful “European Green Deal” would have the up-to-now underestimated geopolitical advantage of making the European Union less dependent on Russian hydrocarbons. In this article, we illustrate Russian power-politics and its geopolitical implications by analyzing the illustrative case of the North Caucasus, which has been traditionally a strategic region for Russia. The present article describes and analyses the impact of Russian intervention in the North Caucasian secessionist conflict since 1991 and its importance in terms of natural resources, especially hydrocarbons. The geopolitical power secured by Russia in the North Caucasian conflict has important implications for European Union’s energy supply security and could be regarded as a strong argument in favor of the “European Green Deal”.

scholarly journals Identyfikacja sposobów implementacji II filaru WPR w krajach Europy Środkowo-Wschodniej

2018 ◽  
pp. 109-123 ◽  
Author(s):  
Krzysztof Pawłowski ◽  
Wawrzyniec Czubak
Keyword(s):  
Rural Areas ◽  
Central And Eastern Europe ◽  
Agricultural Sector ◽  
Development Program ◽  
Time Range ◽  
The European Union ◽  
Before And After ◽  
Rural Development Program ◽  
The Common ◽  
The Impact

The 2nd pillar of the Common Agricultural Policy plays a very significant role in shaping the image of a modern, European village. It’s impact on the development of agriculture and rural areas seems to be obvious, for example because of the place it occupies in the structure of the European Union budget. However, it’s very important to precisely determine the effects of its implementation. Therefore, in this article the main goal was to show the reasons for diversifying the implementation of the Rural Development Program 2007–2013 in the countries of Central and Eastern Europe. Against the background of differences in the economic and production situation of the agricultural sector, the design of the Programs was evaluated and it’s impact on changes in the agricultural sectors of these countries was compared. To show the impact of the funds of the second pillar of the CAP, the time range presenting changes in agriculture covers the years before and after integration. Based on them, a comparison of the implemented activities and the structure of their financing has been made.

scholarly journals The competences of European Union institutions in the trade policy (Lisbon Treaty)

2010 ◽  
Author(s):  
Margareta Timbur
Keyword(s):  
European Union ◽  
Trade Policy ◽  
Lisbon Treaty ◽  
International Negotiation ◽  
The European Union ◽  
External Relations ◽  
The Common ◽  
The Right ◽  
Common Trade ◽  
The Impact

The European Union is the best known at the world’s leading trade power and the common trade policy is the core of EU external relations. The events of the last years and the extension of the EU to 27 member proved that the functioning system could no longer continue and was requiring a new institutional framework. The Lisbon Treaty was the right solution. It purposes are to bring changes for the citizens, institutions, external relations foe the consolidation of democracy in EU. This paper attempts to provide an overview of the major revisions introduced by the Treaty of Lisbon regarding the trade policy. Also, it analyses the extension and clarification of EU competence, the greater role of the European Parliament and the inclusion of investment policy in trade policy, the voting rules in trade area and the international negotiation of trade agreements. The study describes, as well, the impact of Lisbon Treaty implementation on the MS which are independent nations, but without power of decision in the common trade policy.

Cross-border ties in the light of the EU common market

2020 ◽  
Vol 8 (4) ◽  
pp. 187-205
Author(s):  
Łukasz Wróblewski
Keyword(s):  
Common Market ◽  
Border Regions ◽  
Cross Border ◽  
Production Factors ◽  
The Subject ◽  
The Common ◽  
Economic Ties ◽  
The Impact ◽  
European Regional ◽  
The Eu

Cross-border regional economic ties in the EU have been the subject of numerous studies across various academic fields. A special dose of attention, however, has been paid to the ties between the EU border regions. This is no doubt related to the intensification of European integration, in particular at the regional level. One source of particular impact on border regions is the economy of the common market. Surprisingly enough, this economy has not found its proper reflection in the research on border regions and their problems in the light of the broadly defined European regional studies. As a consequence, it is necessary to carry out an in-depth analysis of the literature on cross-border cooperation and economic integration in order to capture the impact of the single market on cross-border relations. The aim of this paper, therefore, is to analyze the economic determinants of cross-border economic ties between the EU regions. To this end, the text begins with an overview of (1) the key characteristics of the common market, followed by (2) the impact of market economics on the regional ties, with particular emphasis on the border regions. The problem has been illustrated on the basis of the Polish-German borderland. The conducted examinations indicate that the economic ties between border regions vary in intensity. At the same time, the vicinity of the border is often insufficient as a factor ensuring a high degree of intensity in the movement of production factors or business relations across the border. It is market mechanisms rather than the location on the border that comprise the primary determinant in this regard. The primary focus of this study is the movement of production factors. The methodology of this text has been based primarily on the analysis of the subject literature on the notions of market economics, optimum currency area, and the broadly defined European regional studies.

Part IV Procedures before the Commission, 3 Recovery of Unlawful Aid and the Role of National Courts

2016 ◽  
Author(s):  
Kreuschitz Viktor ◽  
Nehl Hanns Peter
Keyword(s):  
European Union ◽  
Competitive Advantage ◽  
Common Ground ◽  
Common Market ◽  
The European Union ◽  
National Courts ◽  
The Common ◽  
State Aids

This chapter examines the recovery of unlawful and incompatible State aids, which is one of the cornerstones of free and undistorted competition in the European Union. The repayment of an aid declared unlawful and incompatible with the common market is of utmost importance, as it eliminates the distortion of competition caused by the competitive advantage afforded by the contested aid. In other words, by repaying an unlawful aid, the recipient forfeits the advantage it had enjoyed over its competitors on the market and therefore the previously existing situation is restored; it is common ground in this respect that this objective is attained once the aid in question—increased, where appropriate, by default interests—has been repaid by the recipient.

Part V Judicial Review before the Court of Justice of the European Union, 3 Decentralized Judicial Review and Enforcement of EU State Aid Rules

2016 ◽  
Author(s):  
Kreuschitz Viktor ◽  
Nehl Hanns Peter
Keyword(s):  
European Union ◽  
Judicial Review ◽  
State Aid ◽  
Common Market ◽  
Final Decision ◽  
The European Union ◽  
Member States ◽  
National Courts ◽  
Court Of Justice ◽  
The Common

This chapter assesses the enforcement of EU State aid rules. The Commission is not the only authority involved in the monitoring of State aid. As regards the supervision of Member States' compliance with their obligations under Articles 107 and 108 TFEU, the national courts also have an important role to play. The implementation of that system of control is a matter for both the Commission and the national courts, their respective roles being complementary but separate. Whilst assessment of the compatibility of aid measures with the common market falls within the exclusive competence of the Commission, subject to review by the Courts of the European Union, it is for national courts to ensure the safeguarding, until the final decision of the Commission, of the rights of individuals faced with a possible breach by State authorities of the prohibition laid down by Article 108(3) TFEU.

An Alternative to the Grand Design

1965 ◽  
Vol 17 (2) ◽  
pp. 232-242
Author(s):  
Seyom Brown
Keyword(s):  
Common Market ◽  
Grand Design ◽  
The Common ◽  
The Impact

We hear the term less these days. But our NATO policies, our policies toward the Common Market, and our reactions to French assertiveness still give the appearance of struggling to continue along the lines of the “Grand Design” for Atlantic Partnership. As frustrations have grown the momentum of the thrust has waned; but the direction, not yet feeling the impact of alternative formulations, is sustained.

scholarly journals European perspectives on nitrogen fixation and the application of mineral nitrogen

1996 ◽  
Vol 6 ◽  
pp. 95-98
Author(s):  
L.R. Mytton
Keyword(s):  
Nitrogen Fixation ◽  
Agricultural Policy ◽  
Common Agricultural Policy ◽  
The European Union ◽  
Factors Influencing ◽  
The Common ◽  
Fertiliser Use ◽  
Major Factors ◽  
The Impact ◽  
Farm Subsidies

An analysis is made of the main factors influencing nitrogen use in the European Union (EU). The Common Agricultural Policy (CAP) is identified as a major factor. A brief explanation is given of its functions and of recent reforms which are aimed at reducing overproduction. These reforms should favour more efficient use of nitrogen. The reasons why this is difficult to achieve are explained and the major factors influencing our ability to balance the nitrogen economies of food production are identified. The interrelationship between these factors is then used to predict the impact of CAP reforms on research, on fertiliser use and on the wider use of legumes. Keywords: Common Agricultural Policy, Europe, farm subsidies, legumes, nitrogen cycle, nitrogen fertiliser, nitrogen fixation, over-production, pollution, soil organic matter

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