The Legality Of The Ec Mutual Recognition Clause Under Wto Law
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The Legality Of The Ec Mutual Recognition Clause Under Wto Law
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Author : Lorand Bartels
language : en
Publisher:
Release Date : 2012
The Legality Of The Ec Mutual Recognition Clause Under Wto Law written by Lorand Bartels and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with categories.
One of the cornerstones of the EC internal market is the principle of mutual recognition of goods, according to which the technical legislation of EU Member States must allow the marketing of goods lawfully manufactured or marketed in another EU Member State, provided that the goods provide an equivalent level of protection of the various legitimate interests involved. With the conclusion of the EEA Agreement and the EC-Turkey customs union, this principle has, with some variation, now been extended to goods originating in the EEA and Turkey. The European Commission, a keen supporter of mutual recognition, has sought to implement the principle by insisting that EU Member States insert a lsquo;mutual recognition clause' in their technical legislation. The purpose of this article is to examine whether the Commission's model mutual recognition clause poses any problems under WTO law. The difficulty is that this clause, if implemented, gives a preference to goods of EEA/Turkish origin compared to goods of other origin, which prima facie violates the non-discrimination provisions of the General Agreement on Tariffs and Trade (GATT 1994) and the Agreement on Technical Barriers to Trade (TBT Agreement). Consequently, when a mutual recognition clause is contained in Member State legislation, the EC (representing that Member State in the WTO) may be in breach of its WTO obligations.
Regulating The Internal Market
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Author : Niamh Nic Shuibhne
language : en
Publisher: Edward Elgar Publishing
Release Date : 2006-01-01
Regulating The Internal Market written by Niamh Nic Shuibhne 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 2006-01-01 with Law categories.
The insight given by the book. . . is absolutely indispensable for those who interact with the internal market. It is a goldmine of thought waiting to be discussed, used and put to the test. Ida Otken Eriksson, European Law Journal This fascinating book explores the management of the internal market from a legal perspective. While the EU agenda is currently dominated by the processes of Treaty reform, this assessment of both market and constitutional governance evaluates the coherence or otherwise of the project at the very core of European integration. Confronted with a free market nearing completion, with a relatively formulaic application of internal market law, the book portrays how this is mirrored in a growing tendency to hand the market back to the Member States and, increasingly, to authorities and bodies (both public and private) therein. We see too, however, an internal market framework that strains to cope with a series of challenges, both internal and external to the EU itself. The approach of the contributors is twofold on one hand they reflect thematically on questions of regulation which cut across the spectrum of the market and its freedoms. On the other hand they adopt more sector-specific lenses (including, for example, regulation of the media and the Internet) through which contemporary regulatory dynamics can be reconsidered. Providing analysis of contemporary challenges facing the internal market, this book will be of great interest to academics, researchers and students working in the field of EC law. It will also appeal to national and Community policy makers as it seeks to locate the constitutional and regulatory boundaries of the internal market sphere.
Harmonization Equivalence And Mutual Recognition Of Standards In Wto Law
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Author : Humberto Zúñiga Schroder
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2011-01-01
Harmonization Equivalence And Mutual Recognition Of Standards In Wto Law written by Humberto Zúñiga Schroder and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-01 with Law categories.
Standards are a feature of virtually all areas of trade in products and services. Yet, although standards may achieve an efficient economic exchange, they have discriminatory consequences for trading partners when governments formulate or apply them in such a way as to cause obstacles to trade, thus enrolling standards among the increasingly significant 'non-tariff barriers' regulated by the WTO. This unique and original study analyses the functions that standards fulfil in the market, their effect on trade, and the legal regime based on harmonization, equivalence and mutual recognition developed by the WTO to deal with standards. The author investigates the way in which both the WTO Technical Barriers to Trade (TBT) and the Sanitary and Phytosanitary (SPS) Measures Agreements regulate these three tools, and discusses key topics including: The definition of the concept 'International Standard' in the TBT Agreement. Guidelines on equivalence issued by organizations such as the Codex Alimentarius Commission, the World Organization for Animal Health and the International Plant Protection Convention. Parallels between the EC mutual recognition regime and the WTO system. This is the first work on its subject. With its detailed and practical analysis of WTO law on standards, the book is a fundamental reference for practitioners, academics and policy makers in international trade law.
Regulating Trade In Services In The Eu And The Wto
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Author : Ioannis Lianos
language : en
Publisher: Cambridge University Press
Release Date : 2012-03-22
Regulating Trade In Services In The Eu And The Wto written by Ioannis Lianos 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 2012-03-22 with Business & Economics categories.
This volume considers how different jurisdictions are integrated economically whilst at the same time maintaining regulatory pluralism and diversity.
Services Liberalization In The Eu And The Wto
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Author : Marcus Klamert
language : en
Publisher: Cambridge University Press
Release Date : 2015
Services Liberalization In The Eu And The Wto written by Marcus Klamert 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 2015 with Business & Economics categories.
Both in WTO law and EU law there is a dichotomy between liberalisation based on market access and targeting domestic regulation. Consequently, both regimes share the problem of distinguishing national measures impairing market access and those that do not have such effect. Looking at the provision of services, a cornerstone of EU substantive law, in the EU and the WTO this book offers a comprehensive evaluation of the current legal status quo on transnational services provision on a global level. Based on thorough analysis of both EU and WTO law, policymakers are provided with concrete proposals for fostering the consistency and effectiveness of the current regime. A final chapter discusses possible approaches to regulation such as home state rule, host state rule and mutual recognition from a comparative perspective. Written by a highly respected author team, this is essential reading for EU internal market specialists and WTO law scholars alike.
The Principles Of Mutual Recognition In The European Integration Process
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Author : F. Schioppa
language : en
Publisher: Springer
Release Date : 2005-05-31
The Principles Of Mutual Recognition In The European Integration Process written by F. Schioppa and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-05-31 with Business & Economics categories.
Mutual Recognition (MR) implies that each Member State is free to use the standards for production it prefers but cannot inhibit the import from other Member States lawfully using other standards, unless justified by emergency reasons. The home country rule then prevails on the host country. Barriers to entry diminish, competition rises in the internal market. This volume looks at a number of aspects of MR, including why its importance cannot be understood outside the general practice of free movement and how some elements of MR already emerge in the skilled labour market of professionals.
Ec Law Aspects Of Hybrid Entities
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Author : Gijsbert Karel Fibbe
language : en
Publisher: IBFD
Release Date : 2009
Ec Law Aspects Of Hybrid Entities written by Gijsbert Karel Fibbe and has been published by IBFD this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Conflict of laws categories.
This study discusses the impact of the EC Treaty on the recognition of entities in the internal market. The EC Treaty envisages the internal market as an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured in accordance with the provisions of the EC Treaty. One of the key questions discussed in this study is how this rationale reflects the relation between tax laws of Member States and, specifically, the relation between the application of autonomous classification methods by Member States and the free allocation of economic resources in the internal market. This study also contains an examination of how the different approaches to hybrid entities in tax treaties interfere with EC law. This part of the study contains an analysis of how the interrelation between domestic (tax) laws and the approach to classification conflicts under existing bilateral tax treaties relates to EC law.
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Author :
language : en
Publisher: Oxford University Press
Release Date :
written by 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 with categories.
Regulatory Barriers And The Principle Of Non Discrimination In World Trade Law
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Author : Thomas Cottier
language : en
Publisher: University of Michigan Press
Release Date : 2000-03-08
Regulatory Barriers And The Principle Of Non Discrimination In World Trade Law written by Thomas Cottier and has been published by University of Michigan Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-03-08 with Business & Economics categories.
Papers presented at the second annual World Trade Forum Conference held in Neuchâtel, Switzerland, on August 28-29, 1998.
The Nature Of Mutual Recognition In European Law
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Author : Wouter van Ballegooij
language : en
Publisher:
Release Date : 2015-07-01
The Nature Of Mutual Recognition In European Law written by Wouter van Ballegooij and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-07-01 with categories.
There is substantial disagreement in academic literature over how to address the tensions between the application of mutual recognition and the safeguarding of individual rights, particularly in the EU's criminal justice arena. This book investigates those tensions by re-examining the nature of mutual recognition in European law from an individual rights perspective. A key question is the role played by mutual recognition in the process of reconciling free movement and other interests. The book contains a comparative analysis of mutual recognition in the internal market and the 'area of freedom, security, and justice.' It assesses mutual recognition in the context of the aims of both areas, as well as the principles of European law and norms laid down in primary/secondary EU law. The analysis follows mutual recognition in the fields of product requirements, professional qualifications, and judicial decisions in criminal matters. The book concludes that the core function of mutual recognition has been obscured by assertions made by EU policy makers regarding its consequences, which fail to distinguish between policy objectives, integration methods, and legal obligations. This has also led to a debate among academics and an interpretation of mutual recognition by the Court of Justice which presents an unnecessary conflict between the application of mutual recognition and the safeguarding of individual rights. It is argued that, for mutual recognition to have a stable future in the EU criminal justice area, clarity regarding its aims is urgently required and individual rights need to be enhanced, both in judicial cooperation measures and through harmonization of suspects' rights in criminal proceedings. (Series: Ius Commune Europaeum - Vol. 138) [Subject: European Law, Human Rights Law, Criminal Justice]