International Aspects of Investment Liberalization in the PRC: A Case of EU-China Cooperation

2021 ◽  
Vol 13 (3) ◽  
pp. 190-224
Author(s):  
D. A. Potapov
Keyword(s):  
Foreign Investment ◽  
World Order ◽  
Special Focus ◽  
The European Union ◽  
Human Right ◽  
Foreign Investments ◽  
Eu Member States ◽  
International Aspects ◽  
The Eu

The paper examines the role of investment cooperation and national foreign investment regime as a means to promote China’s economic and political interests and to respond to new global challenges that the country faces nowadays. To this end, the author examines the main stages of China’s liberalization of the legal regime for foreign investment from the end of the 1970s with a special focus on a new foreign investment law. In doing so the author attempts to link the evolution of investment regulation in the PRC with the dynamics of international relations development and the changing role of China as a regional and global actor. The author emphasizes that a trend towards the emergence of a polycentric world order not only provokes the rise of international tensions but also provides new incentives to promote dialogue and enhance cooperation between states and non-governmental actors, particularly by encouraging foreign investments. At the same time, there is a growing need to improve regulatory mechanisms for direct foreign investments. All these contradictory trends have directly affected China’s foreign investment regime reform. In this context the investment cooperation between the PRC and the European Union is of particular importance. The EU possesses a set of innovative technological solutions and competencies that are of particular interest to the Chinese leaders in the context of their efforts to modernize the country’s economy. The paper examines the volume, dynamics and key directions of investment flows between China and the EU member-states. The fact that after seven years of difficult negotiations, the EU and China managed to develop a special bilateral regulatory mechanism — EU-China Comprehensive Agreement on Investment — underscores again the importance of this cooperation for both parties. Even though the EU has suspended the ratification of this deal on the pretext of human right violations in the Xinjiang Uygur Autonomous Region, the author concludes, that in the future this agreement will come into force, since the very logic of the emerging polycentric world order urges for deeper cooperation between the EU and China. In this context, the investment regulation appears not only as a means to protect the Chinese economic interests, but also as an instrument to strengthen China’s international positions in the changing global context.

scholarly journals Inequalities in the European Union—A Partial Order Analysis of the Main Indicators

2021 ◽  
Vol 13 (11) ◽  
pp. 6278
Author(s):  
Lars Carlsen ◽  
Rainer Bruggemann
Keyword(s):  
Indicator System ◽  
Partial Ordering ◽  
Disposable Income ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Per Capita ◽  
Educational Aspect ◽  
The Eu

The inequality within the 27 European member states has been studied. Six indicators proclaimed by Eurostat to be the main indicators charactere the countries: (i) the relative median at-risk-of-poverty gap, (ii) the income distribution, (iii) the income share of the bottom 40% of the population, (iv) the purchasing power adjusted GDP per capita, (v) the adjusted gross disposable income of households per capita and (vi) the asylum applications by state of procedure. The resulting multi-indicator system was analyzed applying partial ordering methodology, i.e., including all indicators simultaneously without any pretreatment. The degree of inequality was studied for the years 2010, 2015 and 2019. The EU member states were partially ordered and ranked. For all three years Luxembourg, The Netherlands, Austria, and Finland are found to be highly ranked, i.e., having rather low inequality. Bulgaria and Romania are, on the other hand, for all three years ranked low, with the highest degree of inequality. Excluding the asylum indicator, the risk-poverty-gap and the adjusted gross disposable income were found as the most important indicators. If, however, the asylum application is included, this indicator turns out as the most important for the mutual ranking of the countries. A set of additional indicators was studied disclosing the educational aspect as of major importance to achieve equality. Special partial ordering tools were applied to study the role of the single indicators, e.g., in relation to elucidate the incomparability of some countries to all other countries within the union.

Turkey and Europe: The Role of Migration

2013 ◽  
Vol 21 (3) ◽  
pp. 394-399
Author(s):  
Pieter Emmer
Keyword(s):  
European Union ◽  
Political Parties ◽  
The Netherlands ◽  
The European Union ◽  
Full Member ◽  
Turkish Immigrants ◽  
Eu Member States ◽  
The Difference ◽  
The Eu

In spite of the fact that negotiations have been going on for years, the chances that Turkey will eventually become a full member of the European Union are slim. At present, a political majority among the EU-member states headed by Germany seems to oppose Turkey entering the EU. In the Netherlands, however, most political parties are still in favour of Turkey's membership. That difference coincides with the difference in the position of Turkish immigrants in German and Dutch societies.

European Union Rights and Values in Human Health

2019 ◽  
pp. 16-51
Author(s):  
Anniek de Ruijter
Keyword(s):  
Public Health ◽  
European Union ◽  
National Policy ◽  
Fundamental Rights ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Eu Fundamental Rights ◽  
The Eu

This book looks at the impact of the expanding power of the EU in terms of fundamental rights and values. The current chapter lays down the framework for this analysis. Law did not always have a central role to play in the context of medicine and health. The role of law grew after the Second Word War and the Nuremberg Doctors Trials (1947), in which preventing the repetition of atrocities that were committed in the name of medicine became a guidepost for future law regarding patients’ rights and bioethics. In the period after the War, across the EU Member States, health law developed as a legal discipline in which a balance was struck in medicine and public health between law, bioethics, and fundamental rights. The role of EU fundamental rights protections in the context of public health and health care developed in relation with the growth of multilevel governance and litigation (national, international, Council of Europe, and European Union). For the analysis here, this chapter develops an EU rights and values framework that goes beyond the strictly legal and allows for a ‘normative language’ that takes into consideration fundamental rights as an expression of important shared values in the context of the European Union. The perspective of EU fundamental rights and values can demonstrate possible tensions caused by EU health policy: implications in terms of fundamental rights can show how highly sensitive national policy issues may be affected by the Member States’ participation in EU policymaking activities.

Labour Immigration Policy in the European Union: How to Overcome the Tension between Further Europeanisation and the Protection of National Interests?

2020 ◽  
Vol 22 (2) ◽  
pp. 198-223
Author(s):  
Jean-Baptiste Farcy
Keyword(s):  
Immigration Policy ◽  
Added Value ◽  
The European Union ◽  
National Interests ◽  
Member States ◽  
Eu Member States ◽  
Labour Immigration ◽  
Eu Directives ◽  
The Eu

Abstract This article critically assesses EU harmonisation in the field of labour immigration. It argues that EU directives are limited both in scope and intensity which explains their relatively low effectiveness and added value. Given the current political and institutional context, the article claims that a truly common labour immigration policy is unrealistic. Labour immigration remains a predominantly national prerogative and EU rules have done little to overcome normative competition between EU Member States. Looking forward, the EU should adopt complementary measures to Member States’ policies. The role of the EU in this sensitive policy area should be better defined and justified, in particular in relation to the principle of subsidiarity.

scholarly journals Analysing the Power of the European Union’s Diplomatic Service: Do the eu Member States Control the European External Action Service?

2016 ◽  
Vol 11 (1) ◽  
pp. 26-48 ◽  
Author(s):  
Hrant Kostanyan
Keyword(s):  
External Action ◽  
Principal Agent ◽  
The European Union ◽  
Member States ◽  
Agent Model ◽  
Eu Member States ◽  
Principal Agent Model ◽  
European Union Member States ◽  
The Eu

By applying the rational choice principal–agent model, this article examines the European Union member states’ principal control of the European External Action Service (eeas) agent. More specifically, the article applies mechanisms of agency monitoring, control and sanctions that are inherent in the principal–agent model to analyse the establishment and functioning of the eeas. These mechanisms aim to ensure the eeas’s compliance with its mandate, thereby curtailing its ability to pursue own objectives that are independent from the principal. The findings reveal that the eeas is tightly controlled by the eu member states. Moreover the European Commission has tools to exercise horizontal checks vis-à-vis the eeas. The application of the principal–agent model to control the eeas is not without its limits. The model falls short of conceptualizing the role of the European Parliament, which remains an outlier to this model.

On-going evaluation of the WFD 2000/60/EC implementation process in the European Union, seven years after its launch: are we behind schedule?

Water Policy ◽  
2009 ◽  
Vol 12 (1) ◽  
pp. 70-91 ◽  
Author(s):  
V. Kanakoudis ◽  
S. Tsitsifli
Keyword(s):  
European Union ◽  
Water Resources ◽  
Water Framework Directive ◽  
Implementation Process ◽  
Considerable Progress ◽  
Special Focus ◽  
The European Union ◽  
Eu Member States ◽  
Water Legislation ◽  
The Eu

Although the European Union (EU) has made some considerable progress regarding protection of water resources (tackling significant problems at national and at EU level), increased efforts are still needed to get and keep its waters clean. After 30 years of developing EU water legislation, all the involved stakeholders express this demand. In 2000, the Water Framework Directive (WFD) 2000/60/EC, establishing a framework for Community actions regarding protection of water resources, was adopted. Its implementation is now well underway, as most of the EU-Member States have fulfilled their current obligations of submitting their reports. An on-going evaluation of the WFD implementation process is attempted here, based on all available data seven years after its launch. Special focus is given to Greece regarding problems that have occurred.

scholarly journals Prospects for Taxation of Digital Companies in the European Union: Problems and Contradictions

2020 ◽  
Vol 14 (2) ◽  
pp. 25-31
Author(s):  
M. V. Lysunets
Keyword(s):  
European Union ◽  
Optimal Taxation ◽  
The European Union ◽  
Eu Member States ◽  
Existing Problems ◽  
Digital Services ◽  
Alternative Approaches ◽  
Future Direction ◽  
The Eu

In the article, the author examines the trends in taxation of digital companies in the European Union (EU), as well as analyses the challenges posed by digitalisation to the current tax system, alternative approaches to taxation of digital companies; identifies existing problems in the taxation of digital companies; considers the challenges and contradictions of introducing additional taxes on digital services. Based on official EU statistics, the author analyses the specifics and problems of taxation of digital companies in the territory of the EU Member States and the entire region as a whole, and consider the role of various tools in the development of optimal taxation of such companies. The result of the study revealed a separate injustice in the taxation of digital companies compared to traditional companies, identified the main problems of the taxation of digital companies, defined the future direction of development of the taxation of digital companies in the EU.

scholarly journals The Limited Role of the European Union in the Management and Governance of the COVID-19 Pandemic

2021 ◽  
Vol 18 (3) ◽  
pp. 482-506
Author(s):  
Joelle Grogan
Keyword(s):  
Rule Of Law ◽  
Stress Test ◽  
The European Union ◽  
Health Crisis ◽  
Eu Member States ◽  
States Of Emergency ◽  
National Governments ◽  
The Impact ◽  
The Eu

Abstract Building on two global Symposia hosted by the Verfassungsblog and convened by the author, the 2020 “COVID-19 and States of Emergency” and the 2021 “Power and the COVID-19 Pandemic”, in addition to the findings of the Democracy Reporting International ‘Rule of Law Stress Test’ which surveyed EU Member States’ responses to the pandemic, this article investigates the impact of the pandemic on governance and legal systems within the EU, and evaluates the actions taken by EU institutions and national governments in response to the health crisis against the standards of the rule of law.

scholarly journals The Road Not Taken – the CJEU Sheds Light on the Role of Fundamental Rights in the European Copyright Framework – a Case Note on the Pelham, Spiegel Online and Funke Medien Decisions

2019 ◽  
Vol 50 (9) ◽  
pp. 1176-1190 ◽  
Author(s):  
Thom Snijders ◽  
Stijn van Deursen
Keyword(s):  
Great Majority ◽  
Fundamental Rights ◽  
The European Union ◽  
The Road ◽  
Eu Member States ◽  
European Court ◽  
Exceptions And Limitations ◽  
The Relationship ◽  
The Eu

Abstract On 29 July 2019, the Court of Justice of the European Union delivered its judgments in three eagerly awaited cases, Pelham, Spiegel Online and Funke Medien, which all relate to the relationship between copyright and (other) fundamental rights. Specifically, an issue arising in these cases is whether the EU copyright acquis allows for fundamental rights to be invoked as an autonomous ground for limiting a copyright, outside of the mechanisms incorporated in the Copyright Directive for that purpose. In its judgments, the Court rejects this possibility and instead locates the role for fundamental rights in the interpretation and implementation of the exceptions and limitations of the Directive. We argue that – while this may render satisfactory results in the great majority of cases – in exceptional cases the CJEU’s approach towards balancing copyrights and fundamental rights could be at odds with the approach of the European Court of Human Rights, which might reduce the legal certainty sought after by the CJEU. Lastly, we consider the implications of that potential tension for the judicial authorities and other actors within the domestic legal orders of the EU Member States.

INVESTMENT POLICY OF POLAND IN THE CONTEXT OF TRADE AND ECONOMIC COOPERATION WITH THE RUSSIAN FEDERATION

2021 ◽  
pp. 81-96
Author(s):  
Alla B. Sekacheva ◽  
Keyword(s):  
European Union ◽  
Foreign Investment ◽  
Investment Policy ◽  
The European Union ◽  
Foreign Investments ◽  
Stage Of Development ◽  
The Russian Federation ◽  
Polish Economy ◽  
Current Stage

The article reveals the evolution of Poland’s investment policy and the peculiarities of the formation of the country’s legal system for the protection of foreign investments. The article describes the current stage of development of the Polish economy, reveals the role of foreign investment in the modernization of the national economy. The article discusses the controversial issue of the role of the European Union subsidies in the transformation of the Polish economy. The issues of trade, economic and investment cooperation between Russia and Poland are analyzed separately and it is concluded that the anti-Russian foreign policy of Poland hinders the development of the trade, economic and investment cooperation between the two countries.

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