Das Ende der Naivität gegenüber China? Die Reform des europäischen Investitionskontrollregimes

IG ◽  
2019 ◽  
Vol 42 (2) ◽  
pp. 134-148
Author(s):  
Jörn-Carsten Gottwald ◽  
Joachim Schild ◽  
Dirk Schmidt
Keyword(s):  
National Level ◽  
Legal Framework ◽  
Strategic Partnership ◽  
The European Union ◽  
Investment Policies ◽  
Investment Control ◽  
Chinese Investment ◽  
Bilateral Relations ◽  
The Us ◽  
The Eu

The European Union (EU) has introduced measures to better screen investments from third countries, in particular by enterprises and state actors of the People’s Republic of China. These measures highlight the profound change in bilateral relations which have turned from “strategic partnership” into “systemic rivalry”. Reacting to new Chinese policies of foreign trade and investment, the EU followed a revision of investment screening policies in the US. The EU has overcome deep splits among member states and established a new legal framework at the supranational level that leaves the ultimate screening and decision-making power to the national level. This paper identifies the changes in Chinese investment and investment policies and highlights key contents of the US legislation on investment control before discussing the new EU framework. It interprets the new measures as further examples of an increased reliance on state policies instead of market forces - by all partners involved.

Analysis of the US Privacy Model

2019 ◽  
Vol 3 (1) ◽  
pp. 43-52
Author(s):  
Francisco García Martínez
Keyword(s):  
Data Privacy ◽  
Personal Information ◽  
National Level ◽  
The United States ◽  
The European Union ◽  
General Data Protection Regulation ◽  
Privacy Laws ◽  
The Us ◽  
General Data ◽  
The Eu

The creation of the General Data Protection Regulation (GDPR) constituted an enormous advance in data privacy, empowering the online consumers, who were doomed to the complete loss of control of their personal information. Although it may first seem that it only affects companies within the European Union, the regulation clearly states that every company who has businesses in the EU must be compliant with the GDPR. Other non-EU countries, like the United States, have seen the benefits of the GDPR and are already developing their own privacy laws. In this article, the most important updates introduced by the GDPR concerning US corporations will be discussed, as well as how American companies can become compliant with the regulation. Besides, a comparison between the GDPR and the state of art of privacy in the US will be presented, highlighting similarities and disparities at the national level and in states of particular interest.

Re-Addressing the Harmonisation of European Takeover Law post-Brexit

2021 ◽  
Vol 24 (2) ◽  
pp. 305-340
Author(s):  
Lars Ruf
Keyword(s):  
Role Model ◽  
Regulatory Reform ◽  
Legal Framework ◽  
Significant Finding ◽  
The European Union ◽  
Current State ◽  
The Us ◽  
State Of Research ◽  
Legal Frameworks ◽  
The Eu

The EU Takeover Directive from 2004 has attempted to harmonise Takeover Law within the European Union. The UK’s legal framework governing takeovers served as somewhat of a role model for it. Therefore, Brexit gives rise to the question as to whether the Directive could undergo a reform within the foreseeable future. This paper aims to re-address the harmonisation of European Takeover Law post-Brexit by examining how UK and US Takeover Law could potentially influence its reform. It will be made apparent how the UK’s role in European Takeover Law suggests that Brexit might actually lead to its reform, which is most likely going to drive the respective legal frameworks further apart. Another significant finding concerns the comparability of the US and EU governmental system, which indicates that the foreseeable development of European Takeover Law could be prone to issues which appear in the US. In order to overcome several difficulties that European Takeover Law will face, the paper makes two recommendations. With regard to a regulatory reform at the current state of research, the EU should take a neutral approach by providing companies with an optional framework governing Takeover Law. In order to determine which provisions are desirable for the creation of shareholder value, it is submitted that further research in this field should be encouraged. a

The Relevance of Environmental Justice for the Legal Framework in the European Union

2010 ◽  
Vol 7 (2) ◽  
pp. 163-175 ◽  
Author(s):  
Bernard Vanheusden
Keyword(s):  
European Union ◽  
Environmental Justice ◽  
Environmental Law ◽  
Legal Framework ◽  
The European Union ◽  
Fair Treatment ◽  
Meaningful Involvement ◽  
The Us ◽  
History Of ◽  
The Eu

AbstractEnvironmental justice is a relatively new and unknown notion in European environmental law. The notion originally comes from the US. Environmental justice is the fair treatment and meaningful involvement of all people. The protection of environmental justice plays a prominent role in the US environmental policy. This contribution examines, after a brief history of environmental justice, the relevance of environmental justice for the legal framework in the EU. It includes the results of an empirical research and a test of the EU legal framework. It concludes that environmental justice is not yet something that goes without saying within the EU.

scholarly journals Bezpośrednie inwestycje zagraniczne we francusko-chińskiej współpracy gospodarczej w kontekście dwustronnych relacji Unii Europejskiej z Chinami

2019 ◽  
Vol 72 (3) ◽  
pp. 171-196
Author(s):  
Ewa Radomska
Keyword(s):  
Global Economy ◽  
Market Access ◽  
Economic Cooperation ◽  
Strategic Partnership ◽  
Foreign Direct Investments ◽  
The European Union ◽  
Bilateral Relations ◽  
Us Trade Policy ◽  
The Face ◽  
The Eu

The goals of the paper are: to analyse the scale and nature of foreign direct investments (FDI) in the economic cooperation between France and China; to explain the main reasons for the Chinese capital commitment in the form of FDI in the European Union (EU) and France as well as French one in China; and to identify the conditions and barriers in the flow of FDI and the main activities undertaken by France and the EU to introduce more symmetry in relations with China. The following research hypothesis has been adopted: FDI are an important element of the economic cooperation between France and China, which is developed despite barriers including differences in potentials and asymmetry in market access. In the face of China’s growing activity in the global economy, noticing the benefits, France does not question the bilateral relations but puts more emphasis on the need to create coherent and coordinated strategy towards China at the EU level. This analysis allowed formulation of a few main conclusions. The recent dynamic inflow of Chinese FDI to the EU (including France) is closely connected with China’s measures aimed at reinforcing its position in the global economy. The dynamic and nature of Chinese FDI coming to France and other EU countries, asymmetry in access to markets, the Belt and Road Initiative, changes in the US trade policy and divisions among EU member countries pose challenges to the EU. France is fully committed to creating a common EU strategy towards China and restoring the balance within the EU-China strategic partnership.

scholarly journals The Concept of Integration in the Jurisprudence of the European Court of Human Rights

2010 ◽  
Vol 12 (1) ◽  
pp. 23-43 ◽  
Author(s):  
Clíodhna Murphy
Keyword(s):  
Human Rights ◽  
National Level ◽  
Legal Framework ◽  
Family Reunification ◽  
The European Union ◽  
Normative Development ◽  
European Court ◽  
The Right ◽  
Core Issues ◽  
The Eu

Abstract Integration has become a recurring theme of national immigration policies; and there has been a corresponding normative development of the concept to a certain degree in the European Union, both in soft policy and through references to integration in legally binding immigration measures. The difficulty in defining integration is a pervasive problem encountered by lawyers and sociologists attempting to understand the phenomenon. This article argues that the development of the concept of integration by the European Court of Human Rights has an important contribution to make to the debate, with the potential to provide a legal framework within which to situate integration policies at the national and the EU level. It assesses the concept of integration employed by the European Court of Human Rights, analysing the Court’s Article 8 immigration jurisprudence in terms of two core issues: first, the conception of integration employed in the jurisprudence of the European Court of Human Rights; and second, the implications of the development of the concept in terms of impacting on the right to remain in a State Party and family reunification, each a key integration issue. The article concludes that while the jurisprudence relating to what actually constitutes ‘integration’ is very much in its infancy, the express consideration of integration as a factor in the balancing exercise undertaken by the Court in the expulsion cases signifies the start of a normative development of the concept of integration by the European Court of Human Rights. Nevertheless, it remains to be seen whether the increased emphasis of the Court on the integration criterion in the Article 8 expulsion cases influences the Court’s approach to key integration issues such as family reunification and in turn whether this filters down to legislators and policymakers at the national level.

European experience in transition to circular economy

2020 ◽  
Vol 19 (4) ◽  
pp. 598-617 ◽  
Author(s):  
S.V. Ratner
Keyword(s):  
European Union ◽  
Circular Economy ◽  
Raw Materials ◽  
Action Plan ◽  
National Level ◽  
The European Union ◽  
Scientific Methods ◽  
European Experience ◽  
General Scientific ◽  
The Eu

Subject. The article considers the concept of circular economy, which has originated relatively recently in the academic literature, and is now increasingly recognized in many countries at the national level. In the European Union, the transition to circular economy is viewed as an opportunity to improve competitiveness of the European Union, protect businesses from resource shortages and fluctuating prices for raw materials and supplies, and a way to increase employment and innovation. Objectives. The aim of the study is to analyze the incentives developed by the European Commission for moving to circular economy, and to assess their effectiveness on the basis of statistical analysis. Methods. I employ general scientific methods of research. Results. The analysis of the EU Action Plan for the Circular Economy enabled to conclude that the results of the recent research in circular economy barriers, eco-innovation, technology and infrastructure were successfully integrated into the framework of this document. Understanding the root causes holding back the circular economy development and the balanced combination of economic and administrative incentives strengthened the Action Plan, and it contributed to the circular economy development in the EU. Conclusions. The measures to stimulate the development of the circular economy proposed in the European Action Plan can be viewed as a prototype for designing similar strategies in other countries, including Russia. Meanwhile, a more detailed analysis of barriers to the circular economy at the level of individual countries and regions is needed.

Characteristics of international business development between ukraine and poland

2019 ◽  
pp. 28-35
Author(s):  
Viktoriia Makhovka ◽  
Olha Nesterenko
Keyword(s):  
European Union ◽  
Small Business ◽  
International Business ◽  
Legal Framework ◽  
Strategic Partnership ◽  
Economic Systems ◽  
The European Union ◽  
Doing Business ◽  
Modern Development ◽  
Trade And Investment

The essence of international business, its active development and expansion, that influence the integration of economic systems and intensification of business relations between countries, are considered. The attention is paid to the international market of the European Union, first of all to Polish-Ukrainian cooperation due to the modern development of international business. The importance of the development of trade and business between Ukraine and Poland is determined, taking into account close relations in the field of economy, politics, culture and historical connections. The legal framework between Ukraine and Poland is substantiated, which ensures the proper development of bilateral cooperation at the level of strategic partnership and emphasizes the presence of an active dialogue between countries. The main agreements between Ukraine and the European Union, which influence the economic cooperation between Ukraine and Poland, are considered, taking into account Polish membership in the EU. The implementation of special projects by the European Union to support the development of Polish-Ukrainian cooperation is determined. The increase of the intensity of economic exchange between Ukraine and Poland, the active development of trade and investment in various spheres of business and the growth of economic indicators are determined. The peculiarities of the development of the small business sector and its influence on the stabilization of socio-economic processes between European countries are substantiated, emphasizing Poland's experience in development of the small business as a driving force on the way to economic integration. The main aspects and characteristics of international business between Poland and Ukraine are determined and the main differences in doing business in these countries are revealed, emphasizing the perspectives of development.

The European Union and Diplomatic Law

2017 ◽  
Author(s):  
Graham Butler
Keyword(s):  
European Union ◽  
External Action ◽  
Legal Framework ◽  
Second World War ◽  
First Century ◽  
The European Union ◽  
Nation States ◽  
Supranational Institutions ◽  
Second World ◽  
The Eu

Not long after the establishment of supranational institutions in the aftermath of the Second World War, the early incarnations of the European Union (EU) began conducting diplomacy. Today, EU Delegations (EUDs) exist throughout the world, operating similar to full-scale diplomatic missions. The Treaty of Lisbon established the legal underpinnings for the European External Action Service (EEAS) as the diplomatic arm of the EU. Yet within the international legal framework, EUDs remain second-class to the missions of nation States. The EU thus has to use alternative legal means to form diplomatic missions. This chapter explores the legal framework of EU diplomatic relations, but also asks whether traditional missions to which the VCDR regime applies, can still be said to serve the needs of diplomacy in the twenty-first century, when States are no longer the ultimate holders of sovereignty, or the only actors in international relations.

TTIP, CETA, and TiSA Behind Closed Doors

2017 ◽  
Author(s):  
Panagiotis Delimatsis
Keyword(s):  
European Union ◽  
Global Governance ◽  
Early Stage ◽  
European Parliament ◽  
Trade Negotiations ◽  
The European Union ◽  
The Us ◽  
The Eu

Secrecy and informality rather than transparency traditionally reign trade negotiations at the bilateral, regional, and multilateral levels. Yet, transparency ranks among the most basic desiderata in the grammar of global governance and has been regarded as positively related to legitimacy. In the EU’s case, transparent trade diplomacy is quintessential for constitutional—but also for broader political—reasons. First, even if trade matters fall within the EU’s exclusive competence, the EU executive is bound by the Treaty on the Functioning of the European Union (TFEU) to inform the European Parliament, the EU co-legislator, in regular intervals. Second, transparency at an early stage is important to address public reluctance, suspicion, or even opposition regarding a particular trade deal. This chapter chronicles the quest for and turning moments relating to transparency during the EU trade negotiations with Canada (CETA); the US (TTIP), and various WTO members on services (TiSA).

The Law & Politics of Brexit: Volume II

2020 ◽  
Keyword(s):  
Decision Making ◽  
European Union ◽  
Legal Framework ◽  
Comprehensive Analysis ◽  
The European Union ◽  
Trade Relations ◽  
The United Kingdom ◽  
The Uk ◽  
Financial Settlement ◽  
The Eu

This book provides the first comprehensive analysis of the withdrawal agreement concluded between the United Kingdom and the European Union to create the legal framework for Brexit. Building on a prior volume, it overviews the process of Brexit negotiations that took place between the UK and the EU from 2017 to 2019. It also examines the key provisions of the Brexit deal, including the protection of citizens’ rights, the Irish border, and the financial settlement. Moreover, the book assesses the governance provisions on transition, decision-making and adjudication, and the prospects for future EU–UK trade relations. Finally, it reflects on the longer-term challenges that the implementation of the 2016 Brexit referendum poses for the UK territorial system, for British–Irish relations, as well as for the future of the EU beyond Brexit.

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