scholarly journals Principles of application sanitary and phytosanitary measures: WTO and EU requirements

2020 ◽  
pp. 128-134
Author(s):  
Nataliia Karpinska
Keyword(s):  
Main Body ◽  
Most Favored Nation ◽  
National Treatment ◽  
Scientific Validity ◽  
Basic Principles ◽  
Legal Principles ◽  
European Legislation ◽  
Phytosanitary Measures ◽  
Social Environmental ◽  
The Eu

Problem setting. The study highlights the basic principles that reflect the basic principles of regulating the application of sanitary and phytosanitary measures under WTO law through the prism of EU requirements: the principles of independence, non-discrimination, scientific validity, national treatment, most-favored-nation treatment, transparency, harmonization. Target of research. The main target of this research is to analyze the principles that reflect the basic principles of regulating the application of SPS under WTO law: the principles of independence, non-discrimination, scientific validity, national treatment, most-favored-nation treatment, transparency, harmonization and their extrapolation into EU law. Analysis of recent researches and publications. The following scientists were engaged in research of issues: V. Nosik, A. Stativka, A. Dukhnevych, H. Grigorieva, G. Mamyshov, S. Komendantov, N. Chuiko, T. Gulyaeva, M. Popov, A. Popova and others. Article`s main body. Considering that the legal principles of application of sanitary and phytosanitary measures, which are provided by WTO law, are binding on Ukraine and the EU, and they are based on domestic and European legislation in this area, as well as noting that their direction and content these principles are heterogeneous, they are divided into two groups: the principle of independence (the principle of sovereignty) and anti-protectionist principle. The principles of the second group are aimed at a single goal – to restrict the sovereign freedom of the state to decide on sanitary and phytosanitary measures in its territory or sanitary and phytosanitary measures on products that enter (import) into its territory. In the system of anti-protectionist principles of WTO law, the basic component (principle of non-discrimination), regime component (principles of national regime and most-favored-nation regime), information component (principle of transparency) and substantive component (principles of scientific substantiation and harmonization) are singled out. Developed and politically strong countries, taking into account their own economic, social, environmental and other risks, choose different strategies to protect their own interests, among which the most popular is the strategy of increasing the requirements for sanitary and phytosanitary measures on the basis of scientifically sound data. Conclusions and prospects for the development. The legal principles of application of sanitary and phytosanitary measures, which are provided by WTO law, are binding on Ukraine and the EU, and are based on domestic and European legislation in this area. The conclusion that the most popular are: the strategy of increasing the requirements for sanitary and phytosanitary measures on the basis of scientifically based data and the politically sound decision to ignore some requirements and anti-protectionist principles is substantiated.

PRINCIPLE OF INDEPENDENCE (PRINCIPLE OF SOVEREIGNTY) AND ANTI-PROTECTION PRINCIPLES IN THE FIELD OF APPLICATION OF SANITARY AND PHYTOSANITARY MEASURES UNDER WTO LAW

2017 ◽  
Author(s):  
Nataliia Karpinska ◽  
Keyword(s):  
Scientific Literature ◽  
Practical Application ◽  
Most Favored Nation ◽  
National Treatment ◽  
Scientific Validity ◽  
Independence Principle ◽  
Practical Tool ◽  
Phytosanitary Measures ◽  
Mechanism Of Recognition ◽  
Basic Content

The article focuses on the characteristics of the principles of independence, non-discrimination, national treatment and most-favored-nation treatment. Noting that in their direction and content these principles are heterogeneous and are divided into two groups: the principle of independence (principle of sovereignty) and anti-protectionist principles (all others), as well as the fact that there are certain features of understanding and application of these principles in EU, the author focuses on the study of such specifics in the context of differences from the basic content of WTO principles. A comprehensive analysis of the scientific literature allows us to conclude that the problems of the principles of WTO law have been studied by many scholars, and that the list of these principles may differ slightly, however, in general is quite stable. In the article the author substantiates the conclusion that the principle of independence is very powerful and protectionist in nature, in contrast to which a whole system of principles (anti-protectionist) is built, which together are designed to limit the principle of independence to expand and liberalize international trade. In the system of anti-protectionist principles of WTO law, the author distinguishes the basic component (principle of non-discrimination), regime component (principles of national regime and most-favored-nation regime), information component (transparency principle) and content component (principles of scientific validity and harmonization). The author sees the mechanism of recognition of equivalence as the main practical tool of realization of the principle of non-discrimination. WTO members recognize the sanitary and phytosanitary standards of other members as equivalent (even if they differ from their own) if the exporter demonstrates to the importer that his measures achieve an adequate level of sanitary or phytosanitary protection. Also, the article, on the example of some disputes, analyzes the practical application of the principle of non-discrimination in the field of non-tariff regulation - the application of sanitary and phytosanitary measures.

scholarly journals European experience of strengthening cyber security capacities in modern conditions

2021 ◽  
pp. 106-113
Author(s):  
O. KUZNIETSOV
Keyword(s):  
Cyber Security ◽  
Digital Transformation ◽  
Security Strategy ◽  
Basic Principles ◽  
European Legislation ◽  
European Experience ◽  
Legal Mechanism ◽  
The Eu

The novelties of the European legislation in the sphere of cybersecurity are reviewed. Prospects for digitalization in the EU are summarized. The provisions of the EU Cyber Security Strategy for 2021 – 2027 and the Digital Compass Roadmap are considered. Basic principles and priorities of a common European digital policy are defined. The strategy targets and avenues for a successful digital transformation of Europe by 2030 are detailed. The organizational and legal mechanism for introducing the cyber sanctions regime in the EU has been revealed. The directions of the cooperation between Ukraine and EU in the sphere of cybersecurity are identified.

The Interaction of Judicial and Legislative Policymaking

2018 ◽  
Author(s):  
Susanne K. Schmidt
Keyword(s):  
Mutual Recognition ◽  
Case Law ◽  
Legislative Process ◽  
European Legislation ◽  
Eu Legislation ◽  
Political Preferences ◽  
General Rules ◽  
Judicial Policymaking ◽  
The Impact ◽  
The Eu

Chapter 4 systematizes the different ways that judicial policymaking can have an impact on European legislation. Identifying the codification of case-law principles in secondary law contributes to research on the EU in two important ways: it shows how EU legislation is embedded in case-law development, and that the impact of case law cannot be reduced to the question of compliance with single rulings. A differentiation is made between several types of judicial ‘shadow’ over the legislative process. Then the Services Directive and the regulation on the mutual recognition of goods are analysed. The principles of case law that were motivated by the specific circumstances of individual cases constrain the design of general rules. Secondary law cannot modify constitutional principles. At best, the legislature can hope to signal its political preferences to the Court.

scholarly journals The notion of ‘employer’: Towards a uniform European concept?

2021 ◽  
pp. 203195252199115
Author(s):  
Matthijs van Schadewijk
Keyword(s):  
Functional Approach ◽  
Working Relationships ◽  
Eu Law ◽  
Member States ◽  
Corporate Groups ◽  
European Legislation ◽  
Contractual Approach ◽  
First Time ◽  
The Eu ◽  
The Way

The growth in multilateral working relationships (e.g. agency work, chains of sub-contracting and corporate groups) is causing Member States to increasingly scrutinise their traditional, contractual approach to the notion of ‘employer’. So far, little attention has been paid to the boundaries and limits that EU law sets when defining the employer. The lack of attention may have come to an end with the recent AFMB judgment, in which the Court ruled, for the first time, that the concept of employer in a provision of EU law had to be given an autonomous and uniform interpretation throughout the EU. Starting from the AFMB judgment, the author analyses the concept of employer in EU law. The author finds that the concept of employer in EU law can be described as ‘uniform in its functionality’: in EU law, the national concept of the employer is never absolute, but the circumstances and the way in which the national concept must be set aside depend on the context and the objective of the European legislation in question. Through this functional approach, EU law partly harmonises the various national approaches to the concept of the employer. Nevertheless, a lack of specific reasoning on the part of the Court may grant the Member States considerable leeway to uphold their own views on the concept.

Should the WTO deal with e-trade taxation issues?

2009 ◽  
Vol 9 (4) ◽  
pp. 339-348 ◽  
Author(s):  
John-ren Chen ◽  
Christian Smekal
Keyword(s):  
Developing Countries ◽  
Electronic Commerce ◽  
Consumer Protection ◽  
Privacy Protection ◽  
Online Privacy ◽  
Cyber Crime ◽  
National Treatment ◽  
Basic Principles ◽  
Trade Distortion ◽  
Digital Dividend

Electronic commerce may be a great equalizer that helps to reduce, or even to eliminate, distance-related barriers to trade, but it can also exacerbate a so-called ‘digital dividend’ vis-à-vis countries with technological and infrastructural deficiencies, especially developing countries. In the following we concentrate on trade distortion caused by taxation of e-trade in intangible goods. We believe this will have a particular ramification for the developing world. General Agreement on Trade in Services (GATS) provisions may be relevant to many concerns with respect to the regulations of e-commerce, such as online privacy protection, illegal or illicit content, cyber crime and fraud, en-forcement of contracts, consumer protection, and taxation. In this paper, we will focus our debate mainly on the issues of taxation of e-trade with respect to the two basic principles of the WTO, that is. the Most Favoured Nation (MFN) and the National Treatment (NT) principles.

scholarly journals European Integration as a Determinant Factor of Macedonian National Identity

2021 ◽  
Vol 101 (1) ◽  
pp. 209-218
Author(s):  
Anastasia Salavatova ◽  
Keyword(s):  
National Identity ◽  
National Level ◽  
External Pressure ◽  
National Narrative ◽  
Basic Principles ◽  
European Standards ◽  
European Periphery ◽  
Determinant Factor ◽  
The Eu

The concept of the EU normative power implies transformation challenges which project norms on the national level of European periphery. The research aims to assess extent the EU requirements contradict the Macedonian national identity and determine changes that either are perceived as imposed or reflect implicit European norms. Depending on the level of the EU engagement europeanization of national identity takes different forms ranging from institutional changes with the European mediators’ assistance (conflict settlement, the name issue) to the search of alternative national legitimation models apart from socialist Yugoslavia. Conditionality of explicit requirements that refer to disputes with neighbouring countries is integrated into national narrative in the form of sacrifice, which still is perceived as external pressure. Implicit norms like decommunization are more difficult to identify but imply a long-term deconstruction of national identity. Such deconstruction could provide not just prospects for the future of the Macedonian nation and state but allows to select and describe implicit European norms that are disseminated into the periphery. The article outlines conditionality between European standards and requirements and transformations in basic principles of Macedonian national identity.

ABOUT THE PRINCIPLES OF FINANCIAL LAW

2018 ◽  
Vol 1 (1) ◽  
pp. 56-67
Author(s):  
Нурия Саттарова
Keyword(s):  
Basic Principles ◽  
Legal Principles ◽  
Theory Of Law

According to the system of principles of law adopted in the theory of law, the basic principles of financial law and their classification are discussed. The author comes to the conclusion that at the present day the branch principles of financial law, emphasized in science, need to be clarified, as many of them are general legal principles with certain specific in this field of law.

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.

scholarly journals La cuestión prejudicial europea ante planteamientos más que dudosos

2017 ◽  
pp. 270
Author(s):  
Luis Jimena Quesada
Keyword(s):  
Due Process ◽  
State Level ◽  
Fundamental Rights ◽  
Constitutional Court ◽  
Preliminary Ruling ◽  
Basic Principles ◽  
Starting Point ◽  
Due Process Of Law ◽  
Specific Discipline ◽  
The Eu

El presente artículo toma como punto de partida la importancia de la cuestión prejudicial como instrumento fundamental del actual constitucionalismo europeo multinivel, en la medida en que a través de él cabe dotar de fuerza a los principios esenciales del Estado de Derecho y de la UE como comunidad de Derecho (especialmente seguridad jurídica, responsabilidad, tutela judicial efectiva y optimización de los derechos fundamentales). Con tal premisa, se efectúa un análisis crítico de estrategias más que dudosas (no siempre aparentemente guiadas por buena fe procesal) que, por acción o por omisión, vulneran el artículo 267 TFUE poniendo en entredicho la fluida articulación del sistema jurídico europeo (de las normas de producción nacional y supranacional) y el correcto reparto del poder judicial europeo (entre la Justicia nacional y supranacional) y, con ello, la óptima realización del sistema europeo de derechos fundamentales. Finalmente, el trabajo concluye con unas propuestas que pretenden mejorar el diálogo judicial supranacional a través de un verdadero espíritu de colaboración que tenga el respaldo de una sólida formación de la Judicatura en Derecho europeo, de una voluntad jurisdiccional positiva (inspirada en el principio favor libertatis), de una dinamización de la obligación de formulación la cuestión prejudicial en los casos previstos en el artículo 267 TFUE y de una disciplina precisa de la doble prejudicialidad (ante la Jurisdicción Constitucional nacional y ante el Tribunal de Justicia).This article takes as its starting point the importance of the preliminary ruling as a fundamental instrument of the current multi-level European constitutionalism, since it allows for strengthening the basic principles of the rule of law at both the State level and the EU level (especially legal certainty, responsibility, due process of law and optimization of fundamental rights). With such a premise, a critical analysis of more than dubious strategies (not always apparently guided by good procedural faith) is carried out. Indeed, these strategies, by action or omission, breach Article 267 TFEU by challenging the fluid articulation of the European legal system (of national and supranational provisions) as well as the correct distribution of the European judicial power (between national and supranational courts) and, as a result, the optimal realization of the European system of fundamental rights. Finally, the paper concludes with proposals that seek to improve supranational judicial dialogue through a true spirit of collaboration supported by a solid training of judges in European law, a positive jurisdictional will (inspired by the favor libertatis principle), a re-dimension of the obligation to submit the preliminary ruling in the cases referred to in Article 267 TFEU and a specific discipline of a double preliminary ruling (both before the national Constitutional Court and before the Court of Justice).

Clarkson & Hill's Conflict of Laws

2016 ◽  
Author(s):  
Jonathan Hill ◽  
Máire Ní Shúilleabháin
Keyword(s):  
International Law ◽  
Family Law ◽  
Case Law ◽  
Private International Law ◽  
Basic Principles ◽  
Conflict Of Laws ◽  
European Legislation ◽  
Recognition And Enforcement ◽  
Theoretical Issues

Clarkson & Hill's Conflict of Laws, now in its fifth edition, provides a clear and up-to-date account of private international law topics. Theoretical issues and fundamental principles are introduced in the first chapter and expanded upon in later chapters. Basic principles of the conflict of laws are presented, offering clarity on complex points and terminology. The fifth edition reflects the field's changing focus from case law to domestic and European legislation, incorporating the Brussels I Regulation and Brussels II Revised Regulation, as well as the more recent Rome Regulations and Brussels I Recast. Embracing this reorientation of the field and increased emphasis on the recognition and enforcement of judgments, the chapters provide detailed commentary on the most important commercial topics as well as the most relevant topics in family law.

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