The International Legal Responsibility Of The European Union In The Context Of The World Trade Organization In Areas Of Non Conferred Competences
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The International Legal Responsibility Of The European Union In The Context Of The World Trade Organization In Areas Of Non Conferred Competences
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Author : Plarent Ruka
language : en
Publisher: Springer
Release Date : 2017-05-11
The International Legal Responsibility Of The European Union In The Context Of The World Trade Organization In Areas Of Non Conferred Competences written by Plarent Ruka and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-11 with Law categories.
This work focuses on the EU’s participation in the Dispute Settlement Proceedings (DSP) of the WTO for matters of non-conferred competences. The underlying thesis is that the joint membership of the EU and its Member States is fallacious, in that it could cause the EU to become responsible for violations of the WTO regulations on the part of the Member States. Such fallacies are rooted in the blurred nature of the distribution of powers in the EU polity.In order to tackle the issue of international responsibility, the analysis is based on the facts of a real-world case. Based on the tenets of public international law, the law of mixed agreements and the EU constitutional principles, the book puts forward a model for the EU’s participation in the DSP, and for the reallocation of burdens to the respective responsible entity. This proposition deconstructs the joint responsibility regime and endorses a solution that could address the issue of responsibility in mixed agreements without a declaration of powers.
Customs Unions In The Wto
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Author : Fabian Bickel
language : en
Publisher: Springer Nature
Release Date : 2021-10-15
Customs Unions In The Wto written by Fabian Bickel and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-15 with Law categories.
How the WTO deals with regional trade agreements (RTAs) is conceptually and practically one of the most important questions in international trade law. This book clarifies that relationship focussing on one form of regional integration – customs unions – and one form of trade measures – anti-dumping measures. This book answers the question how anti-dumping measures and legislation change if a state is in a customs union as well. In doing so, this book provides a new reasoning why anti-dumping measures are modified in customs unions, as well as a comprehensive overview of how this has happened, a legal analysis on the legality of these changes, and an answer to the question how the different institutional settings have impacted questions of responsibility and attribution. Going beyond this, this book also considers the specific problems that arise in cases of economic integration and disintegration, and finally, the impact forming a customs union has on third parties that may impose anti-dumping measures on states that are members of a customs union.
Interactions Between Eu Law And International Law
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Author : Tamás Molnár
language : en
Publisher: Edward Elgar Publishing
Release Date : 2024-10-03
Interactions Between Eu Law And International Law written by Tamás Molnár and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-10-03 with Law categories.
Juxtaposing perspectives, this insightful book brings together the various dimensions of the relationship between EU law and international law. As the multifaceted interplay between these two legal orders has become increasingly complex with expanding EU policy areas and the development of the EU as a global (normative) actor, this book offers a timely contribution to this important field of study.
Regulatory Cooperation Chapters In The New Generation Ftas
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Author : Kornilia Pipidi-Kalogirou
language : en
Publisher: Springer Nature
Release Date : 2024-10-25
Regulatory Cooperation Chapters In The New Generation Ftas written by Kornilia Pipidi-Kalogirou and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-10-25 with Law categories.
Dive into the intricate world of international trade with this original analysis of Regulatory Cooperation Chapters in Free Trade Agreements (FTAs). This book meticulously examines for the first time the content, legal nature, and implications of these chapters within the European Union (EU) legal framework. Narrowing its focus to the Comprehensive Economic and Trade Agreement (CETA) and the EU-Japan Economic Partnership Agreement ( EU-Japan EPA), chosen for their advanced Regulatory Cooperation provisions, the book proceeds to a rich analysis and comparison of the enshrined provisions. The book delves into the political and legal landscape that necessitated this shift towards bilateral regulatory cooperation. It explains the strategic pivot from the stalled WTO negotiations to bilateralism, highlighting the inadequacies of existing WTO rules on non-tariff barriers. This analysis prompts the question: what has changed? Using the concept of ‘Legalization’ as developed in political sciences, this interdisciplinary perspective reveals the increasing legalization and binding nature of these commitments, challenging the initial skepticism about their normative value. The book further tracks the practical implementation of Regulatory Cooperation, using developments from CETA and EU-Japan EPA. It presents the two manifestation mechanisms of the Regulatory Cooperation in the EU legal order and highlights their roles in shaping EU's internal regulations. In that regard, the book challenges the legitimacy of these regulatory practices, assessing them through the lenses of input, output, and throughput legitimacy. With a view to maintain the rule of law and democratic principles, the author makes various proposals in that regard, from updated legal tools and model rules to a framework for EU Commission’s decision-making capacity. This book offers invaluable insights for policymakers, legal scholars, and trade professionals, providing a thorough understanding of the complex dynamics of Regulatory Cooperation in modern FTAs and their crucial role in shaping global trade relations.
The Eu And Its Member States Joint Participation In International Agreements
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Author : Nicolas Levrat
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-02-24
The Eu And Its Member States Joint Participation In International Agreements written by Nicolas Levrat and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-24 with Law categories.
EU law has developed a unique and complex system under which the Union and its Member States can both act under international law, separately, jointly or in parallel. International law was not set up to deal with such complex and hybrid arrangements, which raise questions under both international and EU law. This book assesses how EU law has been adapted to cope with the constraints of international law in situations in which the EU and its Member States act jointly in relations with other States and international organisations. In an innovative scholarly approach, reflecting this duality, each chapter is jointly written by a team of two authors. The various contributions offer new insights into the tension that continues to exist between EU and international law obligations in relation to the (joint) participation of the EU and its Member States in international agreements.
Frontex And Human Rights
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Author : Melanie Fink
language : en
Publisher: Oxford University Press
Release Date : 2018-12-13
Frontex And Human Rights written by Melanie Fink and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-13 with Law categories.
This book analyses the allocation of responsibility for human rights violations that occur in the context of border control or return operations coordinated by Frontex. The analysis is conducted in three parts. The first part examines the detailed roles and powers of Frontex and the states involved during joint operations, focussing on the decision-making processes and chains of command. The second and third parts develop general rules that govern the allocation of responsibility under public international law, ECHR law, and EU non-contractual liability law in order to apply them to Frontex operations. To illustrate the practical implications of the findings, the study uses four hypothetical scenarios that are based on situations that have in the past given rise to human rights concerns. The book concludes that whilst responsibility for most human rights violations lies with the host state of an operation, it often shares this responsibility with participating states who contribute large assets as well as Frontex. However, the book also exposes how difficult it is for individuals to find a place for bringing complaints against violations of their human rights suffered at the EU's external borders. This casts doubts on whether the current legal framework offers them an effective remedy.
The World Trade Organization
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Author : Mitsuo Matsushita
language : en
Publisher: Oxford University Press
Release Date : 2015-10-15
The World Trade Organization written by Mitsuo Matsushita and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-10-15 with Law categories.
The WTO is one of the most important intergovernmental organizations in the world, yet the way in which it functions as an organization and the scope of its authority and power are still poorly understood. This comprehensively revised new edition of the acclaimed work by an outstanding team of WTO law specialists provides a complete overview of the law and practice of the WTO. The authors begin with the institutional law of the WTO (such as the sources of law and remedies of the dispute settlement system), then tackle the principal substantive obligations of the WTO regime (including tariffs, quotas, and MFN). They then move on to consider unfair trade, regional trading arrangements, and developing countries. In its final section the book deals with the consequences of globalization: first, where free trade is seen to be incompatible with environmental protection and, second, where WTO law confronts legal regimes governing issues of competition and intellectual property.
International Trade Disputes And Eu Liability
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Author : Anne Thies
language : en
Publisher: Cambridge University Press
Release Date : 2013-04-18
International Trade Disputes And Eu Liability written by Anne Thies and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-04-18 with Business & Economics categories.
Assessment of EU liability for damage resulting from retaliation imposed under the WTO system in disputes triggered by the EU.
The Oxford Handbook On The World Trade Organization
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Author : Amrita Narlikar
language : en
Publisher: Oxford University Press, USA
Release Date : 2012-05-31
The Oxford Handbook On The World Trade Organization written by Amrita Narlikar and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-05-31 with Business & Economics categories.
This handbook provides a holistic understanding of what the World Trade Organization does, how it goes about fulfilling its tasks, its achievements and problems, and how it might contend with some critical challenges.
British Contributions To International Law 1915 2015 Set
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Author : Jill Barrett
language : en
Publisher: BRILL
Release Date : 2020-12-15
British Contributions To International Law 1915 2015 Set written by Jill Barrett and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-15 with Law categories.
The original documentary sources of key British contributions to international law spanning the past 100 years are collected for the first time in this unique anthology (set of 4 books). These range from seminal writings of highly qualified British scholars of international law, judgments of British courts, opinions of British judges on international courts and tribunals and pleadings by British advocates; treaties concluded and statements made by the United Kingdom government, British contributions to international legal drafting, legislation and parliamentary debates; to an imaginative selection of other forms of literature. The Editors’ introduction explains why, of all the multifarious British contributions, these are the ones that have had the most enduring impact upon the development of international law, from a global perspective. The sheer quality in these texts speaks for itself; these are the must-read and must-keep classic pieces for all interested in international law and the uniquely British contributions to it. Please also see the following related titles: - British Influences on International Law, 1915-2015 - The Role of Legal Advisers in International Law