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1
García, María J. „Implementation of EU Trade Agreements Under an Assertive, Open, and Sustainable Trade Policy“. Politics and Governance 11, Nr. 4 (29.11.2023): 212–22. http://dx.doi.org/10.17645/pag.v11i4.7224.
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Since the 2010s the EU has expanded its preferential trade agreements, responding to challenges at the World Trade Organization and preferential trade agreements of key geoeconomic competitors. However, preferential trade agreements are only as good as their implementation. The EU 2021 Trade Policy Review for a more assertive trade policy includes a greater focus on preferential trade agreement implementation. An analysis of preferential trade agreement implementation reports identifies challenges in operationalising these. It shows that since 2019 there has been an increase in EU recourse to formal dispute settlement mechanisms under preferential trade agreements demonstrating the shift to greater assertiveness. Interestingly, most of the cases are of limited economic significance to the EU but serve to reinforce the message of enforcement of trade rules.
2
Kováčiková, Hana, und Kristína Považanová. „EU's trade agreements“. Bratislava Law Review 1, Nr. 1 (01.10.2017): 149–54. http://dx.doi.org/10.46282/blr.2017.1.1.70.
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Conclusion of the Trade agreements between the European Union and the third countries is one of the displays of the EU´'s sovereignty. At the same time, it is an effective tool for enhancement of the EU´'s position within a globalised world of trade. The aim of the trade agreements is to create an easier business environment for (European) entrepreneurs, in particular by removing the customs, opening the public procurement, establishing the common technical standards, setting the rules of solving the disputes. At the same time, the trade agreements guarantee the achieved level of rights and interests protected by law of the European subjects. This leads to exterritorial application of the European law. This article is focused on brief analysis of concluded EU´'s trade agreements and their application.
3
Leblond, Patrick, und Crina Viju-Miljusevic. „Article 8 - CETA as the EU’s First Third-Generation Trade Agreement: Does It Act Like One?“ Perspectivas - Journal of Political Science 27 (21.12.2022): 41–55. http://dx.doi.org/10.21814/perspectivas.4496.
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The Comprehensive Economic and Trade Agreement (CETA) between Canada and the European Union (EU) has been hailed as the trend-setter for third-generation trade agreements, which focus predominantly on beyond-the-border impediments to international trade (e.g., rules and regulations) than at-the-border barriers (e.g., tariffs). CETA formed the basis for subsequent EU trade agreements, which are a key element of the EU’s trade policy. It also provided inspiration for third-generation trade agreements outside the EU. The big question for trade policy, in the EU and beyond, is whether third-generation trade agreements achieve their intended objectives with respect to beyond-the-border obstacles to trade. In other words, are they effective instruments in liberalizing international trade? After all, facilitating trade through regulatory and administrative cooperation is much more difficult than eliminating or lowering tariffs on imported goods. Having been in force (provisionally) for five years, CETA offers the best case to study the effectiveness of third-generation trade agreements.
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Bajzíková, Lubica, Daniela Nováčková und Lucia Paškrtová. „New Generation EU Agreements – The Basis for Future World Trade“. Juridical Tribune - Review of Comparative and International Law 14, Nr. 1 (25.03.2024): 116–29. http://dx.doi.org/10.62768/tbj/2024/14/1/07.
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International trade agreements contribute to the development of international trade and services. The European Union is currently modernizing the system and structure of international agreements related to international trade, investment and services. The aim of the scientific study is to clarify and identify the characteristic features of the agreements of new generation that are concluded between the European Union and non-EU member states. Based on the facts, we can confirm that trade policy supports, among others, values such as the protection of human rights, the protection of labor rights, the environment and the fight against climate change. Such an approach of the European Union to the liberalization of world trade through comprehensive trade agreements is also supported by the strategy of the European Commission „Trade for All”.
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Neuwahl, Nanette. „Brexit and Canada: Stopgap Solutions for the EU–Canada Comprehensive Economic and Trade Agreement (CETA) or a New Beginning?“ International Studies 58, Nr. 2 (April 2021): 248–64. http://dx.doi.org/10.1177/00208817211005625.
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This article investigates how Canada’s trade with the EU-27 and the UK might be affected by Brexit. As the transition period foreseen in the 2019 UK Withdrawal Agreement has ended, the EU and the UK are no longer one customs area. The EU–Canada Comprehensive Economic and Trade Agreement (CETA), like other EU agreements, has ceased to apply to the UK. Henceforth, the policies and legislation of the UK and the EU-27 will invariably diverge. Taking into account both the EU–UK Trade and Cooperation Agreement as well as the Canada UK Trade Continuity Agreement concluded in late-2020, the article shows that the agreements reached, while providing immediate stopgaps for some of the fallout of Brexit, also represent potential for a new departure.
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Puccio, Laura, Paola Conconi und Cristina Herghelegiu. „EU Trade Agreements: To Mix or Not to Mix, That Is the Question“. Journal of World Trade 55, Issue 2 (01.04.2021): 231–60. http://dx.doi.org/10.54648/trad2021009.
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The European Union (EU) can only act internationally on competences that have been transferred to it by its Member States. Trade agreements negotiated by the EU that include provisions outside its exclusive competences should be concluded as ‘mixed’. Mixed trade agreements must be ratified following not only the procedures set out in the EU treaties, but also the national ratification procedures of the Member States. As a result, national or even regional parliaments may block trade deals agreed between the EU and its trading partners after years of negotiations. Should the EU then avoid negotiating mixed trade agreements? We argue that the answer to this question depends crucially on the objectives of the EU when negotiating with its trading partners. If the EU is mostly driven by market-access motives, it should restrict the agreement to policy areas under its exclusive competence, thus insulating the trade deal from the legal and political risks of mixity. When instead its motives are mostly political, mixity is a ‘necessary evil’ to achieve non-trade objectives. Trade Agreements, European Unity, Competences, Ratification Procedures
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White, Eric. „The Obstacles to Concluding the EU-Canada Comprehensive Economic and Trade Agreement and Lessons for the Future“. Global Trade and Customs Journal 12, Issue 5 (01.05.2017): 176–83. http://dx.doi.org/10.54648/gtcj2017024.
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This article examines three issues arising out of the EU-Canada Comprehensive Economic and Trade Agreement and puts forward suggestions as to how they may be avoided in future EU agreements. The three issues are the participation of EU Member States as parties to such agreements (‘mixity’), the goal of regulatory convergence and the provision of an investor-state dispute resolution mechanism. The article argues that in future EU Member States should not be included as parties to trade agreements and that issues which the EU Member States do not want to allow the Union to include in such an agreement be placed in a separate mixed agreement. On regulatory convergence, it is suggested that such a goal can only realistically be pursued in multilateral agreements and that including such provisions in bilateral agreements is unrealistic and leads to unnecessary complication and opposition. Finally, the article argues that the whole issue of private enforcement of trade agreements needs to be re-thought and that the provision of favourable treatment to foreign investors only is legally problematic.
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Chornyi, Vasyl. „Rules of Origin in the EU-UK Trade and Cooperation Agreement: Conceptual and Practical Challenges“. Legal Issues of Economic Integration 49, Issue 3 (01.07.2022): 293–310. http://dx.doi.org/10.54648/leie2022014.
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In the context of preferential trade agreements, Rules of Origin have attracted negative attention for their propensity to serve protectionist objectives. Against this background, the author seeks to shed light on several conceptual and practical challenges in connection with the Rules of Origin negotiated in the EU-UK Trade and Cooperation Agreement. The discussion proceeds from two basic propositions: first, the Rules of Origin included in this agreement resemble, in essential terms, those included in other modern EU trade agreements with advanced-economy partners; and second, preferential Rules of Origin, such as those agreed between the EU and the UK, embody the outcome of reconciling the divergent interests of import-competing and export industries by the negotiating partners. The author has identified and analysed the following specific challenges posed by the Rules of Origin in the EU-UK Trade and Cooperation Agreement: (1) limited possibilities for origin cumulation; (2) protectionist potential of transitional origin requirements and origin quotas; (3) trade-hindering effect with respect to Northern Ireland; and (4) chilling effect of the potential review of inward processing schemes on trade. Based on the analysis conducted, the author concludes that these challenges negatively affect trade because they operate to foreclose the expansion of legitimate trade opportunities under the EU-UK Trade and Cooperation Agreement. Origin, Rules of Origin, Preferential Origin, Free Trade Agreements, EU-UK Trade and Cooperation Agreement, Brexit, Inward Processing, Returned Goods, Diagonal Cumulation, Origin Quotas
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Ortino, Federico, und Emily Lydgate. „Addressing Domestic Regulation Affecting Trade in Services in CETA, CPTPP, and USMCA: Revolution or Timid Steps?“ Journal of World Investment & Trade 20, Nr. 5 (28.10.2019): 680–704. http://dx.doi.org/10.1163/22119000-12340152.
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Abstract The number of international agreements purporting to liberalise trade, mainly focused on reducing protectionist measures through the imposition of general principles, has increased greatly over the last 25 years. More recently, the United States and the European Union (EU) concluded comprehensive agreements covering trade in goods, trade in services, and foreign investment. This article inquires whether, and the extent to which, such agreements represent a departure from previous practice. It focuses on (a) the instruments employed to address domestic regulation affecting trade in services and (b) three specific agreements concluded between 2016 and 2018: the EU-Canada Comprehensive Economic and Trade Agreement, the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, and the United States-Mexico-Canada Agreement. While these recent Preferential Trade Agreements put forward novel approaches to regulatory diversity affecting trade in services, it is too early to ascertain whether these will have any ground-breaking impact in terms of services trade liberalisation.
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Hannonen, Marjut. „Implementation of EU Free Trade Agreements“. Global Trade and Customs Journal 12, Issue 11/12 (01.12.2017): 422–25. http://dx.doi.org/10.54648/gtcj2017056.
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The EU has a very active trade negotiating agenda, with new negotiations starting every year and being in preparation. Increasing number of free trade agreements (FTAs) are also being concluded. Against this background, and the fact that trade policy is attracting much more attention from the public that used to be the case still a few years back, effective implementation of EU trade agreements has become an important priority for the EU Trade policy. The EU needs to demonstrate that its trade agreements work in practice and deliver the negotiated benefits to EU operators. The EU FTAs currently in force are not identical in their scope and objectives, and this has to be taken into account also when looking into their implementation. EU FTAs can be divided in different groups on the basis of their scope and objectives. Since 2006 the Commission has been negotiating comprehensive FTAs which cover a wide range of areas including also inter alia services, investment, procurement, intellectual property rights, competition and trade and sustainable development. When speaking about FTAs, normally the main point of interest is to know whether the FTAs have led to an increase of trade flows between the partners in the areas of trade in goods, services and investment. In general it can be said that in large majority of cases, the trade in goods has increased during the period than the FTAs have been in force. In terms of services and investment, it is more difficult to see the link with the FTAs in developments in these areas. Preference utilization rates (PURs) of the EU FTAs have attracted a lot of attention since the Commission started producing them after the EU–Korea FTA started to be applied. In general, the PURs for EU operators are lower than those of our trading partners. New generation FTAs have a comprehensive structure of implementation bodies. A number of subcommittees and working groups covering different areas covered by the chapters of the FTA meet annually to address problematic issues. Sanitary and phytosanitary measures, restrictions in trade of agricultural products, enforcement of geographical indicators and public procurement have been areas most often discussed in these fora. Lack of awareness of the FTAs by EU companies and difficulties in understanding them is still a real issue preventing FTAs reaching their full potential. This has led the Commission to intensify its efforts to address better the awareness gap. In addition to the Commission, Member States and their business organizations have also a crucial role in disseminating information on FTAs to their stakeholders, in particular small and medium sized enterprise (SMEs), who often require information in a local language and locally in different regions. Close cooperation between Member States’ embassies and the EU delegations in the FTA partner countries has also been identified as a key factor to ensure effective implementation of the FTAs.
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Wu, Chien-Huei. „Brexit in the Eyes of East: How Will It Reshape EU/UK Trade Relations with East Asia?“ European Foreign Affairs Review 25, Issue 3 (01.09.2020): 357–78. http://dx.doi.org/10.54648/eerr2020028.
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Brexit reshapes not only the EU-UK relations but also impact their trade relations with Asia. This article explores possible directions of EU/UK trade relations with Asia, covering free trade agreements, bilateral investment treaty and the UK’s potential participation in the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). This article argues that a sense of competitive liberalization motivates their pursuit for trade opportunities with East Asia. The EU has to prove its continuous relevance in the international economic relations as the Brexiters allege it as a constraint for the UK to pursue active and flexible trade relations. In contrast, the UK has to fulfill its promise of Global Britain by delivering measurable progress in trade negotiations instead of renegotiating back what it has already enjoyed under the EU free trade agreements (FTAs). Brexit, Global Europe, Global Britain, Free Trade Agreement, Bilateral Investment Treaty, Comprehensive and Progressive Agreement for Trans-pacific Partnership, populism, disintegration
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Micallef, Jan A. „Digital Trade in EU FTAs: Are EU FTAs Allowing Cross Border Digital Trade to Reach Its Full Potential?“ Journal of World Trade 53, Issue 5 (01.10.2019): 855–70. http://dx.doi.org/10.54648/trad2019034.
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Digital trade has been increasing in importance as the ways of conducting trade have advanced in tandem with technological progress. In view of the EU’s recent successes in negotiating trade agreements with third countries the question arises as to whether EU Free Trade Agreements (FTAs) cater for digital trade in a way that allows it to reach its full potential. This article attempts to reply to this question by evaluating how digital trade has been tackled in a holistic manner in the EU’s FTAs from the EU-Korea FTA onwards. The results show that even though a lot of progress was made, there is still more to be done. The article identifies the most urgent issue as being that of having trade agreements cater for allowing efficient cross border data flows between the parties to the agreement. It subsequently proposes a next step that could be taken in order to address this issue in a realistic manner taking into consideration the value of data protection.
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Reinisch, August. „“Putting the Pieces Together … an EU Model BIT?”“. Journal of World Investment & Trade 15, Nr. 3-4 (28.07.2014): 679–704. http://dx.doi.org/10.1163/22119000-01504015.
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Although the eu Commission as negotiation leader in the field of external trade matters which, after Lisbon, also include investment will not issue a Model Investment Treaty, a number of its statements together with reactions by the Council and the Parliament allow the observer to draw conclusions as to the likely content of such future agreements. In addition, those trade agreements with investment chapters which are already close to finalization, like the Canada-eu Comprehensive Economic and Trade Agreement (ceta), provide telling insights concerning the main features of an eu agreement on investment protection. This article provides a general overview of the expected content of eu treaties in the field of investment, comprising scope of protection, substantive standards, and dispute settlement. It concludes that future eu investment agreements are likely to contain the traditional short eu bit standards to which a number of specifications inspired by North-American practice will be added.
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Wróbel, Anna. „MULTILATERALISM OR BILATERALISM: THE EU TRADE POLICY IN AN AGE OF THE WTO CRISIS“. Ekonomika 92, Nr. 3 (01.01.2013): 7–23. http://dx.doi.org/10.15388/ekon.2013.0.1626.
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Abstract. The aim of the study is to analyze the EU trade policy in the age of the World Trade Organization (WTO) crisis. In addition to the WTO membership and a number of international agreements within this organisation, the EU is a party to many bilateral trade agreements and negotiating further. It is the side effect of the protracted negotiations in the WTO under the Doha Development Round. The paper discusses the process of proliferation of bilateral trade agreements in the world economy and its importance for the EU. The article is divided into three parts. Part One identifies the determinants of the WTO crisis. Part Two discusses the process of proliferation of bilateral trade agreements in the world economy. Part Three analyzes the EU trade policy and the system of the EU preferential trade agreements. It also examines trade relations of the EU with the Republic of Korea, India, and the United States of America as an illustration of the new EU trade strategy.Key words: bilateralism, European Union, common commercial policy, World Trade Organisation
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Jordaan, Andre Cillie, und Patrick Kanda. „Analysing the trade effects of the EU-SA & SADC trading agreements: a panel data approach“. South African Journal of Economic and Management Sciences 14, Nr. 2 (06.06.2011): 229–44. http://dx.doi.org/10.4102/sajems.v14i2.56.
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This study investigates the trade effects of the EU-SA and SADC preferential trade agreements of which South Africa is a member. Using a panel data estimation of the gravity model of bilateral trade and based on data from 1994 to 2008, the study finds the EU-SA preferential trade agreement to have a significant trade expansion effect. The study further reveals that an informative conclusion on trade effects of the SADC preferential trade agreement can only be reached once the agreement has been fully operational. The study also recommends that trade policy in South Africa should increasingly be geared towards broad-based multilateral liberalisation. In addition, South Africa should promote regional economic stability and development through supporting regional trade agreements initiatives. Keywords: Trade creation, trade diversion, preferential trade agreement, panel data estimation, gravity model of bilateral trade
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Donkervoort, Ilja, und Michal Onderco. „The WMD Non-proliferation Clause in EU Trade Agreements“. European Foreign Affairs Review 27, Issue 2 (01.08.2022): 223–40. http://dx.doi.org/10.54648/eerr2022020.
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The EU has been using its trade power to exert influence in other areas by including non-trade issues (NTIs) in its trade agreements with third countries. One such NTI is the weapons of mass destruction (WMD) non-proliferation clause. We study how the WMD non-proliferation clause affected countries’ WMD non-proliferation behaviour. Our results demonstrate that the nonproliferation clause is effective in case of bilateral trade agreements, but not in case of regional trade agreements. The results demonstrate that the EU can use its trade power to exert influence in other areas, but that the extent of such power is limited. EU, WMD non-proliferation clause, NTIs, Trade Agreements, Conditionality
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Ebell, Monique. „Assessing the Impact of Trade Agreements on Trade“. National Institute Economic Review 238 (November 2016): R31—R42. http://dx.doi.org/10.1177/002795011623800113.
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One of the key issues facing the UK in the wake of the advisory referendum result to leave the European Union is the precise nature of its relationship with the European Union. At one extreme would be continued membership in the European Economic Area, including membership in the single market. Other options would be either no free trade agreement (FTA) with the EU at all or a less comprehensive FTA which stops short of single market membership. This paper compares the ability of EEA membership and less comprehensive FTAs to generate trade in goods and services. We investigate this question using empirical gravity model methodology and the most recent available data from 42 countries. We use recently developed econometric methods to deal with observations of zero trade flows and issues connected with endogeneity. The main finding is that while EEA membership is associated with substantial and statistically significant increases in bilateral services trade flows, membership in less comprehensive FTAs is not associated with any significant increase in bilateral services trade. For goods, EEA membership is associated with larger bilateral trade flows than are less comprehensive FTAs. These results suggest that it might be difficult to replace, on an exit from a European Union, lost trade flows with the EU by means of shallower FTAs with the EU or with third countries.
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Marinov, Eduard, und Werner Raza. „EU trade policy – prospects, challenges, alternatives“. Economic Thought journal 61, Nr. 2 (20.04.2016): 135–52. http://dx.doi.org/10.56497/etj1661207.
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International trade, and in particular TTIP, the EU-US Transatlantic Trade and Partnership Agreement, has recently become a hotly contested issue within the Union, pitting its institutions and the corporate sector against a broad coalition of civil society organisations. TTIP stands out as an example of the new generation of free trade agreements aimed at deep economic integration.
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Molinuevo, Martín. „Brexit: Trade Governance and Legal Implications for Third Countries“. Journal of World Trade 52, Issue 4 (01.08.2018): 599–617. http://dx.doi.org/10.54648/trad2018026.
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The impact of Brexit on the trade relations of EU/UK with third countries is likely to entail an extensive process of amendment to the disciplines and sectoral obligations featured in their current multilateral and bilateral trade and investment agreements. At the WTO, the UK stance will require amending the current EU lists of concessions in a way that may lead to a broad renegotiation process. At the bilateral level, the status of current EU agreements regarding the UK and third countries is uncertain, as these agreements may no longer apply to the UK. Further, agreements on goods, such the customs union with Turkey, will no longer be valid for the UK. Least developed countries (LDCs) and developing countries who benefit from the EU Generalized System of Preferences (GSP) will continue under this regime, but that framework will no longer be applicable to the UK. In all cases, third countries who consider that Brexit has diminished the value of their commitments may request compensation or changes in the text of the agreements, or ultimately terminate the agreement. The process of amending the trade and investment agreements requires comprehensive knowledge of their trade and investment flows with the EU and the UK.
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Zuev, V. N., E. Y. Ostrovskaya und V. Y. Skryabina. „Trade damper effect of regional trade agreements“. Voprosy Ekonomiki, Nr. 2 (01.02.2023): 83–99. http://dx.doi.org/10.32609/0042-8736-2023-2-83-99.
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The authors explore the impact of crises on the dynamics of trade between partners within regional trade agreements (RTAs) with the aim to determine whether RTAs have a stabilizing effect on foreign trade. RTAs have become one of the main instruments of trade policy in recent decades. It is generally recognized that RTAs do stimulate trade at the time of stability and growth. It is logical to assume that meeting commitments between RTA partners should lead to the preservation of trade flows between them in the event of a crisis. However, this statement requires empirical confirmation. The study examines the effects of RTA networks for the three most active RTAs’ participants located on different continents — the EU, Chile and the Republic of Korea. The analysis of dynamics of these countries trade flows indicates a clear trend of strengthening trade interaction between RTA partners during crisis periods. The focus of the methodology of the study lies in computations of three trade indices: export significance index, trade intensity index and symmetric trade introversion index. They were calculated for the totality of trade partners for the EU, Chile and the Republic of Korea from 2005 to 2020 in order to identify the dominant tendencies of trade flows during periods of economic shocks of recent decades (the financial crisis of 2008—2009 and the crisis caused by the pandemic of 2019—2021). The authors come to the conclusion that for the studied countries and the EU RTAs act as a damper that reduces the negative impact of crises on foreign trade. Trade between RTA countries at the time of a crisis either decreased to a lesser extent compared to trade between countries that do not have RTA, or recovered faster. This empirically confirms yet another significant importance of RTAs. The authors suggest to make similar calculations for other countries and RTAs to support the revealed pattern.
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Silvereke, Siri. „Withdrawal from the eu and Bilateral Free Trade Agreements“. International Organizations Law Review 15, Nr. 2 (11.12.2018): 321–40. http://dx.doi.org/10.1163/15723747-01502004.
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Ambiguity still remains around the legal effects of a Member State’s withdrawal from the eu in relation to the new generation of Free Trade Agreements (‘ftas’), which are concluded as bilateral mixed agreements. Such withdrawal may have secondary implications in relation to the international obligations towards the other party of the ratified agreement. According to article 70(1)(a) of the Vienna Convention on the Law of Treaties (‘ vclt ’), the termination of a treaty under its provision releases the parties from the obligation further to perform the treaty. However, mixed agreements that are signed by both the Member State and the eu may cause complications. The obligation of sincere cooperation could play a large role in respect of the Member State’s compliance with its commitments under the agreement. Indeed, there are many concerns regarding the effect of the withdrawal on the eu and the withdrawing Member State in respect to mixed ftas. Could a withdrawal lead to an automatic termination or renegotiation of a trade agreement? Would it be possible to argue for fundamentally changed circumstances? Or could the principle of continuity in the vclt in the context of succession of states affect the outcome?This contribution aims to clarify the legal situation in regard to bilateral mixed ftas that are ratified or provisionally applied—such as the eu-Canada Comprehensive Economic and Trade Agreement (‘ ceta ’)—in the event of a Member State’s withdrawal from the eu. It considers the Member State’s responsibilities and obligations when the withdrawal has been effectuated. Additionally, it explores the rights of the non-eu party to the agreements, as well as the consequences that the eu might face as a remaining party to the agreement.
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Douma, Wybe Th. „The Promotion of Sustainable Development through EU Trade Instruments“. European Business Law Review 28, Issue 2 (01.04.2017): 197–216. http://dx.doi.org/10.54648/eulr2017014.
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The obligation to integrate environmental protection into other policy areas stems from 1987 and was refined by the Treaty of Lisbon. The EU is to ensure coherence of trade, environmental protection and sustainable development, inside and outside the EU. This article investigates how the Union operationalised this duty where its trade agreements are concerned, and whether this actually contributes to sustainable development. It is set out how in 1999, Trade Sustainability Impact Assessments of proposed new trade agreements were introduced, how the system developed over time, and how actual provisions on sustainable development and environment were introduced from 2008 onwards. Furthermore, it is examined what these provisions entail. Given the identified weaknesses, evaluating and where necessary strengthening these parts of trade agreements is called for. An investigation on improvements to the environmental provisions of the EU-Canada Comprehensive Economic and Trade Agreement (CETA) could form a step in the right direction.
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Ryngaert, Cedric. „EU Trade Agreements and Human Rights: From Extraterritorial to Territorial Obligations“. International Community Law Review 20, Nr. 3-4 (05.07.2018): 374–93. http://dx.doi.org/10.1163/18719732-12341380.
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Abstract As the European Union (EU) pursues bilateral trade agreements with third states, the EU should be cognizant of the potential ‘extraterritorial’ impacts of these agreements on the enjoyment of human rights in third states when designing and concluding bilateral trade agreements with third states. This article develops a jurisdictional model to determine the geographic scope of EU human rights obligations in the context of the adoption of EU bilateral trade agreements. It is submitted that the doctrine’s classic semantic focus on ‘extraterritoriality’, captured by such constructs as control, impact, or functional competence, clouds rather than illuminates matters of scope of human rights obligations in the context of trade agreements. Instead of looking for justifications for the extraterritorial application of human rights, it is suggested to turn the justificatory gaze to the internal territorial aspects of the human rights risks created by EU decisions on the conclusion of bilateral trade agreements. An internal-territorial model obviates the need for an elaborate conceptualization of ‘extraterritorial’ obligations.
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Gombkötő, Nóra. „Effect of international trade relations on agri-food trade“. Review on Agriculture and Rural Development 6, Nr. 1-2 (12.07.2018): 136–42. http://dx.doi.org/10.14232/rard.2017.1-2.136-142.
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Nowadays, production of goods increases hugely all over the world, resulting an enormous increasing in international trade. Trade in industrial goods grows at a large rate due to trade liberalization, while agriculture is one of the most vulnerable sectors all over the world. However, barriers of agri-food trade were reduced or eliminated; there are still many obstacles to the totally free trade of agricultural products (e.g. restrictions, safeguards, bans, limitations, etc), especially in the European Union. Besides the WTO’s liberalization pressure and its multilateral negotiations, there are a lot of countries that have signed bilateral agreements. In this study, it was examined, what kind of bilateral agreements were entered into force by the EU and how was international agri-food trade influenced by these bilateral agreements as well as by restrict measures. For this, secondary data were analyzed by different statistical methods and the effect of trade measures was characterized by using this results. From the results it can be concluded that EU has preferred different agreements with the various country groups as well as EU has applied different kind of agreements in different eras. The EU’s average growth rate of food trade and average share of food trade is highly variable by partner countries. Bilateral agreements have not always caused trade growth between the two partner regions. The EU’s restrict measurements effect the EU’s foreign trade, because these restrictions are applied to meat products and these commodities are imported the less in the EU.
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Burri, Mira, Kholofelo Kugler und Anna Dorothea Ker. „Digital Trade in the EU–New Zealand Free Trade Agreement: An Appraisal“. Legal Issues of Economic Integration 51, Issue 1 (01.02.2024): 11–46. http://dx.doi.org/10.54648/leie2024002.
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The increasing reliance on digital technologies for cross-border economic activity has sparked the quest for adequate rules. Preferential trade agreements have become the primary platform for digital trade rulemaking and the recently signed Free Trade Agreement (FTA) between the European Union (EU) and New Zealand is one of the latest additions to these far-reaching regulatory efforts. The EU– NZ FTA is a particularly instructive case study, as it brings together two important legal entrepreneurs in the area of digital trade law that, however, have different positions in the regulatory landscape and different domestic priorities. The article seeks to reveal the points of convergence and divergence between the two parties and also shows how these could be reconciled with the concluded EU–NZ deal. In the latter context, the article evaluates the normative value and the potential impact of the agreement as well as situates it in the broader and geopolitically complex landscape of digital trade rulemaking. digital trade, data flows, data protection, electronic commerce, free trade agreements, European Union, New Zealand
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Burri, Mira. „Approaches to Digital Trade and Data Flow Regulation Across Jurisdictions: Implications for the Future ASEAN-EU Agreement“. Legal Issues of Economic Integration 49, Issue 2 (01.03.2022): 149–68. http://dx.doi.org/10.54648/leie2022007.
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In the last two decades the venue of free trade agreements has turned into an important platform for digital trade rule-making. Yet, the approaches of individual states differ profoundly and the emerging data governance regime is deeply fragmented.The article seeks tomap these developments by looking at selected preferential trade agreements (PTAs) and their design. The enquiry focuses on the United States (US) and European Union (EU) approaches and discusses the differing stances with regard to data flows regulation in particular, while highlighting innovative solutions found in recent trade deals, such as the Comprehensive and Progressive Agreement for Transpacific Partnership (CPTPP) and the United States Mexico Canada Agreement (USMCA). The article then provides an overview of ASEAN’s initiatives with respect to electronic commerce. Against this backdrop, the article evaluates the prospects of digital trade related rules in the future ASEAN-EU agreement. CPTPP, electronic commerce, EU FTAs, data flows, digital trade, RCEP, USMCA
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Lorenzmeier, Stefan. „Die Zukunft umfassender und gemischter Abkommen der EU nach dem Singapur-Gutachten“. integration 43, Nr. 4 (2020): 310–24. http://dx.doi.org/10.5771/0720-5120-2020-4-310.
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The article explores some legal issues regarding comprehensive trade and mixed agreements of the European Union (EU). The concept of mixed agreements is special to the EU legal order and under strain after the opinion 2/15 of the Court of Justice of the European Union of 16 May 2017, in which the Court defined the exclusive competence of the EU for concluding “EU-only agreements” in the context of the common commercial policy. This led to a split-up of trade agreements of the Union into “EU-only agreements” and mixed agreements on investment issues whereas no change of policy had been established for association agreements to date. Besides creating greater legal certainty, some problems remain regarding the to-be-improved acceptance of EU free trade agreements in the Member States. The analysis focuses on the division of powers between the EU and the Member States and its impact on mixed agreements on a political and legal level. It concludes that “mixity” has not been ended by the jurisprudence of the Court of Justice and can still be seen as a useful tool in the process of negotiating and concluding future comprehensive international trade and association agreements.
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Salvatici, Luca, und Alessandro Antimiani. „Regionalism versus Multilateralism: The Case of the European Union Trade Policy“. Journal of World Trade 49, Issue 2 (01.04.2015): 253–75. http://dx.doi.org/10.54648/trad2015011.
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In this article, we use a Computable General Equilibrium (CGE) model to assess the effects of possible agreements between the European Union (EU) and different partners, namely India, Mercado Común del Sur (MERCOSUR), and the United States of America (USA).We evaluate the impact of the Free Trade Agreements (FTAs) by themselves, assess their mutual compatibility, and compare them with a scenario including all bilateral agreements as well as a benchmark global free trade scenario. In 2006, the EU decided to abandon its moratorium on negotiating new FTAs. Since then, numerous negotiations have been started. In particular, the EU joined the scramble for preferential market access by launching bilateral negotiations with both individual countries and regional sub-groupings. The discriminatory character of these agreements is controversial in economics, not simply because of the classic 'Vinerian' view that they can divert rather than create trade, but also because of the unresolved disagreements on when a regional trade agreement is likely to precede, rather than preclude, more global agreements. In this article, we use a CGE model to assess the effects of possible agreements between the EU and different partners, namely India, Mercado Común del Sur (MERCOSUR), and the USA. We evaluate the impact of the FTAs by themselves, assess their mutual compatibility, and compare them with a scenario including all bilateral agreements as well as a benchmark global free trade scenario. This allows us to provide a quantitative comparison of the most important arguments asserting that bilateral agreements advance or hinder multilateral trade relations.
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Gáspár-Szilágyi, Szilárd. „The ‘Palm Oil Wars’ or How the EU’s ‘Inflated’ Common Commercial Policy Might Need to Prioritize Its Non-trade Values“. European Foreign Affairs Review 27, Issue 1 (01.02.2022): 29–56. http://dx.doi.org/10.54648/eerr2022003.
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In this article I rely on the recent ‘Palm Oil Wars’ between the EU, Malaysia, and Indonesia to illustrate how the EU’s ‘inflated’ Common Commercial Policy (CCP) is becoming increasingly difficult to manage. The CCP’s expansion in scope, the external effects of internal EU environmental legislation, the increased role of the European Parliament in the conclusion of international agreements, as well as the EU’s constitutional mandate to pursue non-trade values in its external and trade relations has increased the number of issues and players that can affect the negotiation of preferential trade agreements. As a possible solution, I propose that the EU should prioritize its non-trade values and objectives, among which one can mention the protection of human rights, the promotion of democratic values, the rule of law, sustainable development, environmental protection, and investment protection. For higher non-trade values, the EU should follow a principle-based approach, even if the risk is that no agreement will be concluded; for medium-level values, the EU should follow a more concessionary approach and accept certain trade-offs in order to keep concluding trade agreements and remain a credible international partner, whilst lower non-trade values or objectives can be excluded from the negotiations if they risk jeopardizing them. Palm Oil Wars – Common Commercial Policy – EU environmental legislation – nontrade values
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Huan-Niemi, Ellen. „EU trade agreements and the sugar sector“. Suomen Maataloustieteellisen Seuran Tiedote, Nr. 19 (31.01.2004): 1–4. http://dx.doi.org/10.33354/smst.76152.
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Stack, Marie M., und Martin Bliss. „EU economic integration agreements, Brexit and trade“. Review of World Economics 156, Nr. 3 (02.05.2020): 443–73. http://dx.doi.org/10.1007/s10290-020-00379-x.
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Engelhardt, Tim. „Geographical Indications Under Recent EU Trade Agreements“. IIC - International Review of Intellectual Property and Competition Law 46, Nr. 7 (27.10.2015): 781–818. http://dx.doi.org/10.1007/s40319-015-0391-3.
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Kovacevic, Radovan. „Znacaj porekla proizvoda u evropskim sporazumima o trgovini“. Ekonomski anali 44, Nr. 157 (2003): 61–83. http://dx.doi.org/10.2298/eka0357061k.
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The key element of the EU's free trade and preferential trade agreements is the extent to which they deliver improved market access and thus contribute to the EU's foreign policy objectives towards developing countries and neighbouring countries in Europe, including the countries of the Balkans. The previous preferential trade schemes have been ineffective in delivering improved access to the EU market. The main reason for this is probably very restrictive rules of origin that the EU imposes, coupled with the costs of proving consistency with these rules. If the EU wants the 'Everything but Arms' agreement and free trade agreements with countries in the Balkans to generate substantial improvements in access to the EU market for products from these countries, then it will have to reconsider the current rules of origin and implement less restrictive rules backed upon by a careful safeguards policy. Governments apply rules to distinguish between foreign and domestic products and to define the foreign origin of a product where some imports receive preferential treatment. The purpose of this paper is to focus on the issue of the rules of origin, and on the "cummulation" of such rules within the EU preferential trade agreements. It does this, firstly, through detailing rules of origin, secondly, by providing a conceptual discussion of the impact of (the cummulation of) rules of origin, and thirdly, by exploring characteristics of preferential trade agreements.
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O'RYAN, RAÚL, CARLOS J. DE MIGUEL, SEBASTIAN MILLER und MAURICIO PEREIRA. „The Socioeconomic and environmental effects of free trade agreements: a dynamic CGE analysis for Chile“. Environment and Development Economics 16, Nr. 3 (03.08.2010): 305–27. http://dx.doi.org/10.1017/s1355770x10000227.
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ABSTRACTThis paper undertakes a quantitative analysis of the socioeconomic and environmental impacts of different trade agreements for Chile. A dynamic general equilibrium model is used to compare the consequences of unilateral liberalization and trade agreements with the European Union (EU) and the United States (USA). The results show that economic gains under the trade agreements are only significant if foreign investment increases or value added taxes are modified. Winners and losers depend on the agreement; however, unskilled labor-intensive sectors always progress. Consequently, these agreements seem to be good for the poorest groups. Some natural resource intensive sectors significantly increase their production with the EU and the US agreements, also increasing the environmental pressures. CO2 and PM-10 emissions are not very different under these agreements as compared to business as usual – under which environmental pressures increase significantly. The results show the importance of economy-wide analysis of trade agreements in developing contexts.
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Pavese, Carolina. „Gender Impact of Interregional Trade“. Latin American Journal of Trade Policy 4, Nr. 11 (31.12.2021): 25. http://dx.doi.org/10.5354/0719-9368.2021.65122.
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After two decades of negotiations, the European Union (EU) and Mercosur celebrated a new Association Agreement in 2019. Structured around three pillars (political dialogue, cooperation, and trade), the deal is still pending ratification but has raised strong criticism. Most concerns address the effect of trade liberalization on social and environmental agendas. This article contributes to this debate, conducting qualitative analysis on the agreement's potential impact on gender equality in the EU and Mercosur. Departing from the feminist scholarship assumption that trade has an unavoidable effect on gender, this article argues that interregional trade agreements can be a helpful policy instrument to promote gender equality. Nevertheless, this research demonstrates that, so far, the EU-Mercosur Association Agreement has neglected this opportunity. The provisional text does not reflect a gender mainstreaming approach, lacking the appropriate mechanisms to manage its effects on women. As a result, the new interregional trade liberalization instrument risks widening gender inequality in both regions. Nevertheless, this research demonstrates that, so far, the EU-Mercosur Association Agreement has neglected this opportunity. The provisional text does not reflect a gender mainstreaming approach, lacking the appropriate mechanisms to manage its effects on women. As a result, the new interregional trade liberalization instrument risks widening gender inequality in both regions.
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Horvathy, Balazs. „Value promotion and europeanisation by EU trade agreements“. Bratislava Law Review 1, Nr. 1 (01.10.2017): 84–94. http://dx.doi.org/10.46282/blr.2017.1.1.59.
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Promoting values of the European Union has been on the EU’s external trade agenda since the 1990s. The Treaty of Lisbon established a general framework for values and principles, requiring the Union to pursue these concepts in the whole range of EU external relations, including the Common Commercial Policy (CCP). Therefore, the operation of CCP is governed not only by traderelated concepts such as progressive liberalisation, but it also reflects on non-trade concerns – e.g. protection of human rights, fair trade, or sustainable development – as well. This inclusive character of CCP is anchored also in the new external trade strategy of the European Union (‘Trade for all’), which stresses the importance of trade agreements concluded by EU in promotion of values towards third countries. The paper aims at addressing a conceptual and a procedural question related to this context: First, what kind of values of the European Union integrated in trade agreements can lead to the Europeanisation of domestic legal order of the third countries; and second, how these concepts can be implemented, i.e. how the process of Europeanisation is taking place using the example of the human rights promotion.
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Gruni, Giovanni. „Labor Standards in the eu-South Korea Free Trade Agreement“. Korean Journal of International and Comparative Law 5, Nr. 1 (07.06.2017): 100–121. http://dx.doi.org/10.1163/22134484-12340081.
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The European Union (eu) includes clauses on labor rights in free trade agreements with partner countries. One of these clauses was added to the Free Trade Agreement between the eu and South Korea. This article looks at the clause as an attempt of the eu to include labor rights in international trade law. The argument of the article is that the labor clause does include several innovative features which entrench the presence of labor law in international trade agreements. However, the clause remains mainly about political cooperation and struggles to define enforceable legal obligations on states. This is so because of the exceptions in the first part of the clause, the vagueness of the labor rights obligations and the lack of an enforcement mechanism.
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Petillion, Flip, und Ian Laird. „Comprehensive Economic and Trade Agreement, ISDS and the Belgian Veto: A Warning of Failure for Future Trade Agreements with the EU?“ Global Trade and Customs Journal 12, Issue 4 (01.04.2017): 167–74. http://dx.doi.org/10.54648/gtcj2017023.
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The recent free trade negotiations between the EU and Canada have provided a cautionary tale for the future of international trade involving the EU. Investor-State dispute settlement (or ‘ISDS’) has been a contentious element of EU negotiations and has been supplanted in the Comprehensive Economic and Trade Agreement (or ‘CETA’) by a new international investment court model. In the fall of 2016, the new investment court and regional politics involving Belgium became a flash point in the final stage of the signing of CETA. Although the Agreement was signed on 30 October 2016, the authors examine the question whether the continuing headwinds faced by CETA sends a message that all future trade agreements with the EU may experience similar problems.
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Marinov, Eduard. „FREE TRADE OR PROTECTIONISM? TRADE BARRIERS AND TRADE POLICY OF THE EU“. Economic Thought journal 68, Nr. 5 (11.12.2023): 507–20. http://dx.doi.org/10.56497/etj2368503.
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For years, a number of researchers have questioned whether there is an implicit impulse for protectionism hidden behind the tariff and non-tariff liberalization clauses put forward in all new EU agreements, as well as in the Union's participation in various formats of multilateral trade negotiations. On the other hand, the introduction of protectionist measures implemented by many countries around the world is increasingly being observed. In order to summarize and clarify these trends in the development and restructuring of the global trade system and the EU's place in it, the article first summarizes some insights from economic theory and empirical research on free trade and protectionism, then it examines the pre-pandemic trade barriers vis-à-vis the EU, and finally it assesses the “new framework” of bilateral and multilateral preferential trade agreements in the EU trade policy.
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Otteburn, Kari, und Axel Marx. „A Glass Half-Empty or Half-Full? An Assessment of the Labour Provisions in the CAI from Chinese and European Perspectives“. Journal of World Investment & Trade 23, Nr. 4 (05.08.2022): 601–27. http://dx.doi.org/10.1163/22119000-12340262.
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Abstract The EU-China Comprehensive Agreement on Investment (CAI) presents a balancing act in labour rights protection. For the EU, labour rights protection constitutes an integral part of every trade and investment agreement it negotiates. China rarely includes labour provisions in trade and investment agreements. This article discusses current EU and Chinese approaches to integrating labour rights in trade and investment agreements, then introduces the provisions included in the proposed text of the CAI, and finally compares the proposed provisions in the CAI to the current approaches of the parties, focusing on five issues: international commitments, domestic labour regulation, dispute settlement, cooperation and stakeholder engagement. The article finds that from a European perspective, the CAI might represent a step back, while from a Chinese perspective, it might represent a step forward.
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Weiß, Wolfgang. „Article: The EU UK TCA’s Institutional Framework and Parliamentary Democracy“. European Foreign Affairs Review 27, Issue 4 (01.10.2022): 513–40. http://dx.doi.org/10.54648/eerr2022033.
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The TCA (EU-UK Trade and Copperation Agreement) establishes a very comprehensive institutional framework with Partnership Council and diverse Committees having partly substantial decision-making powers for the development of the TCA. These considerable public functions prompt legitimacy concerns as to their democratic control, which this article explores in detail. It will be shown that the exercise of public powers by TCA treaty bodies meets with a sobering legal situation regarding democratic control mechanisms over treaty body decision-making at different levels. Thus, from a constitutional perspective, the legal and legitimate transfer of powers requires additional safeguards as to their democratic legitimacy. Solutions for better control of treaty body decisions by parliaments must be developed at several levels simultaneously. EU association agreements, EU trade agreements, treaty bodies, decision-making, democracy, accountability, Trade and Cooperation Agreement
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Biuković, Ljiljana. „The New Face of CEFTA and its Dispute Resolution Mechanisms“. Review of Central and East European Law 33, Nr. 3 (2008): 257–94. http://dx.doi.org/10.1163/092598808x262641.
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AbstractAmendments made to the Central European Free Trade Agreement (CEFTA) in 2006 mark significant developments in the economic integration of the Western Balkans. Among those amendments were changes to the Agreement's dispute resolution mechanism. This article analyzes the latest developments in economic integration in the Western Balkans and examines the nature and operation of the dispute resolution mechanisms used in CEFTA. Explanations for important changes to the dispute settlement process in CEFTA are suggested by examining the context of the members' economic, political, social and legal surroundings. The article surveys ongoing tendencies in the development of dispute resolution mechanisms in other regional trade agreements, in particular those utilized by the European Union (EU), as a means of exploring the rationale behind the new CEFTA. It argues that the EU practice—developed in EU association agreements with third countries—has inspired the 2006 amendments to the CEFTA dispute resolution mechanism.
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Zaninović, Vinko. „The intra-industry trade dynamics in CEE countries: The role of trade agreements“. Zbornik radova Ekonomskog fakulteta u Rijeci: časopis za ekonomsku teoriju i praksu/Proceedings of Rijeka Faculty of Economics: Journal of Economics and Business 40, Nr. 1 (30.06.2022): 129–45. http://dx.doi.org/10.18045/zbefri.2022.1.129.
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This paper investigates the impact of regional trade agreements (RTAs) on the development of intra-industry trade (IIT) for eight Central and Eastern Europe countries (CEE) from 1997 to 2019. The aim of the paper is to compare and explain the possible heterogeneous impact of different RTAs on IIT across countries while controlling for differences in development levels between economic integration member states. Our analysis is based on country-product level data obtained from UN Comtrade. The main hypothesis of the paper is that the CEFTA and EU integration agreements have a highly positive effect on IIT in comparison with other RTAs. However, the scope of the impact varies across countries, primarily depending on the economic development asymmetries that are in this paper proxied by the GDP per capita. We developed and estimated an augmented structural gravity model using Pseudo-Poisson Maximum Likelihood Estimator. The main contribution of our paper is the inclusion of the FTA-economic development gap interaction term, which enabled us to enrich the empirical findings of the research. Our results show that the main hypothesis holds, but also that an increase in economic asymmetries between integration members negatively affects IIT, thus indicating potentially increasing trade adjustment costs for new member states of an integration. These results go in favor of EU pre-integration and post-integration policies that have the goal of diminishing the economic development gap between future and present integration members.
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Galella, Patricio. „The No Drawback Rule in EU Preferential Agreements“. Global Trade and Customs Journal 18, Issue 1 (01.01.2023): 31–36. http://dx.doi.org/10.54648/gtcj2023003.
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Drawback is a tool available to countries to promote their exports but also a measure that harms trade liberalization. This article argues that the no drawback rule in European Union preferential agreements does not apply when the exemption or reduction of duties derives from an EUR.1 or an origin declaration in application of that agreement. On the other hand, this reasoning cannot always be extended when the exemption of duties derives from the application of an inward processing regime. Therefore, an operator in the European Union will find more convenient and smoother to establish trade relations with operators located in countries with which the European Union has concluded preferential trade agreements. no drawback, origin, inward processing regime, preferential treatment, Approved Exporter, EUR.1
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Hsieh, Pasha L. „Shaping new interregionalism: The EU-Singapore Free Trade Agreement and beyond“. Leiden Journal of International Law 35, Nr. 1 (02.11.2021): 129–54. http://dx.doi.org/10.1017/s0922156521000558.
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AbstractThe article examines the theoretical concept of interregionalism in the context of the evolving framework between the European Union (EU) and the Association of Southeast Asian Nations (ASEAN). As the EU’s first free trade agreement (FTA) with an ASEAN country, the EU-Singapore FTA is a pathfinder agreement that signifies a new phase of interregionalism and the EU’s new Asia strategy after the Treaty of Lisbon. The article argues that the innovative designs of the EU-Singapore FTA will shape the normative development of EU-ASEAN relations in the post-pandemic era. It also cautions that a comparative analysis of EU and US agreements reveals deficiencies in the FTA that require remedies. To buttress the contention, key provisions on ASEAN cumulative rules of origin, banking and legal services and non-tariff barriers are analysed in light of contemporary Asian agreements. The research further provides insight into the effectiveness of new-generation rules on geographical indications, competition, and investor-state arbitration and mediation. Hence, the findings contribute to the understanding of interregionalism and the EU’s Asia-Pacific trade and investment agreements from global and interdisciplinary perspectives.
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Huong, Nguyen Thi Lan. „The Inclusion of Sustainable Development into New-Generation FTAS – What Can be Expected in Reserving Nations’ Rights to Regulate?“ Vietnamese Journal of Legal Sciences 7, Nr. 2 (01.12.2022): 73–100. http://dx.doi.org/10.2478/vjls-2022-0009.
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Abstract The last decade has seen a growing trend towards the combination of sustainability, in which environmental protection is the most important, with trade in both regional and international forums. Indeed, the term “sustainable development”, which rarely appeared in “traditional” trade or investment agreements, is easy to be found in many new-generation agreements such as CP-TPP or a series of FTAs recently signed by the EU with its partners such as Canada, Singapore and Vietnam. It has been observed that the interaction between sustainable development and trade-investment, especially via dispute settlement activities, has been intensively studied. However, as the combination of sustainability in FTA has just been promoted recently with the aim to tackle the abovementioned issue. The provisions on sustainable and environmental protection are included in the new generation FTA, i.e. CP-TPP, EU-Canada Comprehensive Economic and Trade Agreement, EU-Singapore FTA and EU-Vietnam’s FTA. These sustainability-support regulations help to confirm the right of the hosting state to set its own levels of domestic protection in the environmental and social areas as well as to build and follow its own environmental policies. However, these provisions are still general compared to the set of trade-investment rules/obligations under the trade-investment agreements. The aim of this paper is to find out the meaning and status of the sustainability-support regulations under trade-investment agreements. It examines these provisions in light of maintaining countries’ right to protect the environment under abovementioned preferential trade-investment agreements in order to critically evaluate the effect of these rules on future measures of relevant countries to protect the environment.
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YAKOVLEVA, SVETLANA. „Should Fundamental Rights to Privacy and Data Protection be a Part of the EU's International Trade ‘Deals’?“ World Trade Review 17, Nr. 3 (06.11.2017): 477–508. http://dx.doi.org/10.1017/s1474745617000453.
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AbstractThis article discusses ways in which the General Agreement on Trade in Services (GATS) and post-GATS free trade agreements may limit the EU's ability to regulate privacy and personal data protection as fundamental rights. After discussing this issue in two dimensions – the vertical relationship between trade and national and European Union (EU) law, and the horizontal relationship between trade and human rights law – the author concludes that these limits are real and pose serious risks.Inspired by recent developments in safeguarding labour, and environmental standards and sustainable development, the article argues that privacy and personal data protection should be part of, and protected by, international trade deals made by the EU. The EU should negotiate future international trade agreements with the objective of allowing them to reflect the normative foundations of privacy and personal data protection. This article suggests a specific way to achieve this objective.
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BELAAZE, Khayreddine, und Rabah KHOUNI. „L’Algérie et les défis du commerce mondial“. Khazar Journal of Humanities and Social Sciences 17, Nr. 4 (Dezember 2014): 43–54. http://dx.doi.org/10.5782/2223-2621.2014.17.4.43.
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This contribution aims to put light on an major challenge facing global trade today is a conflict between multilateral agreements and regional agreements, preferences granted under regional trade agreements are incompatible with the principles of World trade Organization which is the clause in the most favored nation, preferential tariffs of member states in regional agreements are often lower than MFN rates, meanwhile, the number of regional agreements has doubled since 1995 date creation of the WTO, and became a conflict between regionalism and multilateralism is imminent, Algeria through to join the World trade Organization, and the Association Agreement with the EU, GAFTA, will be in a critical position with its partners.
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Bongardt, Annette. „EU Trade and Regulation: Economic and Political Dynamics“. Notas Económicas, Nr. 49 (06.12.2019): 47–61. http://dx.doi.org/10.14195/2183-203x_49_4.
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The EU’s new generation of deep and comprehensive free trade agreements not only promote EU trade but also have a bearing on the shape of the European model and in consequence on the sustainability of the integration project. They reach much further than conventional free trade agreements. Their benefits hinge on the abolition of non-tariff and regulatory barriers and enter into areas that are member state competences. Much depends on the agreements in question and similarity of preferences between trading partners. It is up to the EU, ultimately for the sake of the sustainability of its political integration project, to explicitly contemplate not only trade impacts but impacts on the Union’s economic model instead of letting rather than being pushed further down the road by unfolding trade dynamics. Keywords: Comprehensive free trade agreements; EU regulation and preferences; subsidiarity.
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Jošić, Hrvoje, und Maja Bašić. „Trade creation and trade diversion effects from Croatia’s CEFTA and EU membership“. Ekonomski pregled 72, Nr. 4 (2021): 489–521. http://dx.doi.org/10.32910/ep.72.4.1.
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This paper provides a detailed empirical study of trade creation and trade diversion effects arising from Croatia's two regional trade agreements, the Central European Free Trade Agreement (CEFTA) and the European Union (the EU). It offers a foundation for discussion about future trade policies in terms of benefits and drawbacks from those regional trade agreements. Croatia’s imports, exports and total trade flows with 180 trading partner countries were examined for the period of 2000 – 2016. Cross-country panel regression using gravity model of international trade assessed pooled OLS, fixed and random effects, as well as more robust Tobit and PPML estimator models. The random effects model found positive effects of Croatia-CEFTA integration evident in trade creation in imports, exports and total trade flows. Croatia-EU integration exhibits no significant effect of trade creation in neither imports, exports nor total trade flows. Nonetheless, there is a trade diversion effect in cases of imports and total trade flows. In the Tobit model CEFTA created trade in imports, exports and total trade flows, while the EU diverted trade in imports and total trade flows. Finally, the robust PPML estimator found that: (1) CEFTA membership created trade in imports, exports and total trade flows, and (2) the EU membership diverted trade in imports and exports, and created trade in total trade flows.