scholarly journals THE EUROPEAN UNION, CHINA AND SOLAR PANEL

2020 ◽  
Vol 21 (1) ◽  
pp. 62-72
Author(s):  
Adieuva Innocenthia ◽  
Yosinta Margaretha ◽  
Febri One ◽  
Junita Christine ◽  
Agnes Magdalena
Keyword(s):  
European Union ◽  
World Trade ◽  
Bargaining Power ◽  
The European Union ◽  
Solar Panels ◽  
Environmental Challenges ◽  
Trade Reforms ◽  
Environmental Decision Making ◽  
The Eu

The European Union and China are the two countries that have advantages in each of them. The European Union and China have a dispute regarding renewable energies, namely the problem with solar panels. China's policy of making solar panels prices have low bargaining power makes the European Union unable to accept the policy because it can cause a long trade conflict. The case study in this paper also illustrates that the EU is actively approaching it to overcome environmental challenges in China by involving the European Union in dialogue and negotiation on various issues and providing capacity-building support. China also introduced trade reforms and carbon emissions to environmental decision-making bodies in the European Union, and it was supported by the European Union, including through meetings to determine sustainable policies and development projects on energy and the environment.   Keywords: EU – China dispute, Environmental Challenges, anti-dumping, China’s policy, World Trade Organization.

The EU in Search for Stronger Enforcement Rules: Assessing the Proposed Amendments to Trade Enforcement Regulation 654/2014

2020 ◽  
Vol 23 (4) ◽  
pp. 865-884
Author(s):  
Wolfgang Weiß ◽  
Cornelia Furculita
Keyword(s):  
European Union ◽  
International Law ◽  
World Trade ◽  
Free Trade Agreement ◽  
Trade Agreement ◽  
Third Parties ◽  
The European Union ◽  
Political Implications ◽  
Eu Commission ◽  
The Eu

Abstract Considering the new focus of the European Union (EU) trade policy on strengthening the enforcement of trade rules, the article presents the proposed amendments to the EU Trade Enforcement Regulation 654/2014. It analyzes the EU Commission proposal and the amendments suggested by the European Parliament Committee on International Trade (INTA), in particular with regard to uncooperative third parties and the provision of immediate countermeasures. The amendments will be assessed in view of their legality under World Trade Organization (WTO), Free Trade Agreement (FTA), and general international law and in view of their political implications for the EU’s multilateralist stance. Finally, the opportunity to amend Regulation 654/2014 to use it for the enforcement of FTA trade and sustainable development chapters will be explored. The analysis shows that the shift towards more effective enforcement should be pursued with due care for respecting existing international legal commitments and with more caution to multilateralism.

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.

‘But the Last Word Is Ours’: The Monopoly of Jurisdiction of the Court of Justice of the European Union in Light of the Investment Court System

2019 ◽  
Vol 30 (4) ◽  
pp. 1187-1220
Author(s):  
Francisco de Abreu Duarte
Keyword(s):  
European Union ◽  
General Framework ◽  
External Action ◽  
The Other ◽  
Court System ◽  
The European Union ◽  
Court Of Justice ◽  
The One ◽  
The Eu

Abstract This article develops the concept of the monopoly of jurisdiction of the Court of Justice of the European Union (CJEU) through the analysis of the case study of the Investment Court System (ICS). By providing a general framework over the criteria that have been developed by the Court, the work sheds light on the controversial principle of autonomy of the European Union (EU) and its implications to the EU’s external action. The work intends to be both pragmatic and analytical. On the one hand, the criteria are extracted as operative tools from the jurisprudence of the CJEU and then used in the context of the validity of the ICS. This provides the reader with some definitive standards that can then be applied to future cases whenever a question concerning autonomy arises. On the other hand, the article questions the reasons behind the idea of the monopoly of jurisdiction of the CJEU, advancing a concept of autonomy of the EU as a claim for power and critiquing the legitimacy and coherence of its foundations. Both dimensions will hopefully help to provide some clarity over the meaning of autonomy and the monopoly of jurisdiction, while, at the same time, promoting a larger discussion on its impact on the external action of the EU.

scholarly journals The day after: Protecting the human rights affected by environmental challenges after the EU accession to the European Convention on Human Rights

2018 ◽  
Vol 20 (4) ◽  
pp. 213-224 ◽  
Author(s):  
Irene Antonopoulos
Keyword(s):  
European Union ◽  
Human Rights ◽  
Environmental Protection ◽  
European Convention ◽  
The European Union ◽  
Environmental Rights ◽  
Environmental Challenges ◽  
Court Of Justice ◽  
Environmental Protection Policies ◽  
The Eu

This article explores whether a potential accession of the European Union to the European Convention on Human Rights, offers a more effective method of protection for ‘environmental human rights’: those rights whose enjoyment is allegedly affected by environmental challenges. The European Court of Human Rights has decided on claims of alleged violations of human rights by both environmental degradation and the enforcement of environmental protection policies implementing EU environmental law. On the other hand, the capacity of the Court of Justice of the European Union to decide on human rights issues has been repeatedly challenged, while the inability of the Court to protect procedural (environmental) rights when it came to NGOs, allows for challenging the capacity of the Court of Justice of the European Union to protect substantive (environmental) rights as well. Will an accession mean that applicants will be able to bring claims for alleged violations, caused by the enforcement of EU generated environmental protection policies, against the EU Institutions rather than the enforcing State? This article follows the relevant developments towards the accession, and consequently seeks to determine how the day after the accession will look for the protection of human rights affected by environmental challenges.

scholarly journals From the Stereotypification of the Non-European Other to the Prototypification of the European Self: A Case Study of Turkey’s Membership to the European Union from the French Perspective.

2007 ◽  
Vol 5 (1) ◽  
Author(s):  
Ariane Bogain ◽  
Florence Potot
Keyword(s):  
European Union ◽  
The Other ◽  
European Identity ◽  
The European Union ◽  
The Press ◽  
Collective Psyche ◽  
Opinion Polls ◽  
Insight Into ◽  
The Eu

In an era of increased globalisation, the need for a sense of belonging and an identity is becoming more pressing. The way nations form images of others and, conversely, conscious or unconscious images of themselves is becoming increasingly important as these images impact on public opinion and on political and decision-making discourse. With the development of supranationalism in Europe, the age-old notion of European identity has come more and more to the fore. Conflicting interpretations and a general disinclination to consider the matter leave the notion of European identity as polysemic as ever. Furthermore, the expansion of the EU has contributed to blurring this notion, so much so that in the collective psyche, it has become closely linked to the membership of the European Union and it is proving sometimes difficult to dissociate one from the other. In this context, the debate surrounding Turkey’s membership of the EU gives an insight into prototypical and stereotypical representations of Europe. As the controversy has been particularly salient in France, the aim of this study is to explore the European self-conceptions and images of the other through the example of France’s opposition to Turkey’s membership of the EU. For this purpose, opinion polls and the Press will be used as forms of narrative in order to highlight these representations and how they have evolved in time. The first part of the study will concentrate on the arguments put forward to justify the opposition to Turkey joining the EU. The second part will then evaluate how the image of the other contributes to the prototypical representation French citizens have of Europe.

The European Union as a Major Trading Player in the Global Economy

2020 ◽  
pp. 45-68
Author(s):  
Zuzana Kittová
Keyword(s):  
European Union ◽  
World Trade ◽  
Global Economy ◽  
Global Trade ◽  
The European Union ◽  
Trading Partners ◽  
Balance Development ◽  
Main Factors ◽  
The Eu

This chapter critically evaluates the position of the EU within the global trade and developments of its position from a long-term perspective, and identifies the main factors behind these developments. With this aim, both the intra-EU trade and the extra-EU trade are analyzed, including the development of export and import values, along with the trade balance development and the structure of the intra-EU and extra-EU trade flows (main trading partners and main product groups). Furthermore, the development of the EU's share on the global trade is studied in comparison to the share of other main world trade players. The chapter examines the main factors that influence the position of the EU within the global trade. Finally, the prediction of the EU trade and of its position in the global economy are developed.

Competition and Partnership in the Solar Photovoltaic Industry between China and the European Union

2014 ◽  
Vol 06 (03) ◽  
pp. 104-113
Author(s):  
Dan WU
Keyword(s):  
European Union ◽  
Clean Energy ◽  
Export Quota ◽  
Solar Photovoltaic ◽  
The European Union ◽  
Solar Panels ◽  
Green Products ◽  
The Eu ◽  
Price Undertaking

The European Union's (EU) demand for clean energy has been boosting Chinese exports of green products, while the anti-dumping and anti-subsidy investigations of imports of Chinese solar panels by the EU in 2012 had dampened Chinese exports. The two parties are committed to resolving their trade disagreements instead of applying protectionist measures. A July 2013 agreement was reached for Chinese PV exporters to take a price undertaking and be subject to an export quota.

scholarly journals Are the EU Member States Ready for the New Union Customs Code: Emerging Legal Issues On the National Level

2017 ◽  
Vol 14 (1) ◽  
pp. 58-75
Author(s):  
Gediminas Valantiejus
Keyword(s):  
European Union ◽  
International Trade ◽  
National Level ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Before And After ◽  
The Republic ◽  
The Eu

AbstractIn 2016, the European Union has launched a new and ambitious project for the future regulation of international trade in the European Union and the rules of its taxation: since the 1 May 2016, the new Union Customs Code (UCC) has entered into force. It revokes the old Community Customs Code (CCC), which was applied since 1992, and passed in the form of EU regulation sets brand-new rules for the application of Common Customs Tariff and calculation of customs duties (tariffs) in all the EU Member States. It is oriented to the creation of the paperless environment for the formalisation of international trade operations (full electronic declaration of customs procedures) and ensuring of a more uniform administration of customs duties in the tax and customs authorities of the Member States in the European Union. Therefore, the article raises and seeks to answer the problematic question whether the Member States of the European Union themselves are ready to implement these ambitious goals and does the actual practice of the Member States support that (considering the practice of the Republic of Lithuania). The research, which is based on the analysis of case law in the Republic of Lithuania (case study of recent tax disputes between the taxpayers and customs authorities that arose immediately before and after the entry into force of the UCC), leads to the conclusion that many problematic areas that may negatively impact the functioning of the new Customs Code remain and must be improved, including an adoption of new legislative solutions.

scholarly journals “Sisters in Peace”: Analyzing the Cooperation between the United Nations and the European Union in Peace Mediation

2021 ◽  
pp. 1-30
Author(s):  
Julian Bergmann
Keyword(s):  
European Union ◽  
Foreign Policy ◽  
United Nations ◽  
Policy Agenda ◽  
The European Union ◽  
South Ossetia ◽  
High Degree ◽  
Mediation Practice ◽  
The Eu

Abstract This article examines UN–EU cooperation over peace mediation. It compares their conceptual approaches to peace mediation and the evolution of their institutional capacities, demonstrating that the EU has learned from the UN, while actively supporting the strengthening of UN mediation capacity. The most important difference concerns the embeddedness of mediation in a broader foreign policy agenda in the case of the EU compared to the UN. The article also examines models of EU–UN cooperation in mediation practice. Drawing on an overview of cases of UN–EU cooperation, the article develops a typology of the constellations through which the two organizations have engaged with and supported each other. A case study on the Geneva International Discussions on South Ossetia and Abkhazia investigates the effectiveness of this coordination. The findings point to a high degree of effectiveness, although this has not yet translated into tangible mediation outcomes.

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