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1
Wang, Guiguo, and Rajesh Sharma. "The International Commercial Dispute Prevention and Settlement Organization: A Global Laboratory of Dispute Resolution with an Asian Flavor." AJIL Unbound 115 (2021): 22–27. http://dx.doi.org/10.1017/aju.2020.82.
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The Second Belt and Road Forum for International Cooperation announced the establishment of the International Commercial Dispute Prevention and Settlement Organization (ICDPASO) in 2019. The ICDPASO was coordinated by the China Council for the Promotion of International Trade and the China Chamber of International Commerce, together with industrial and commercial organizations and legal service agencies from over thirty countries and regions including the European Union, Italy, Singapore, Russia, Belgium, Mexico, Malaysia, Poland, Bulgaria, and Myanmar. It was launched on 15 October 2020. As its title indicates, ICDPASO's mandate to provide dispute resolution services is not confined to the Belt and Road Initiative (BRI) countries but includes resolving any disputes that the parties entrust to its jurisdiction. The ICDPASO aims to serve as a “legal hub” to resolve commercial and investment disputes effectively, efficiently, and practically. Unlike other multilateral dispute resolution forums, it is intended to provide an Asian-centric multilateral dispute resolution forum. This essay, the first on the subject of the ICDPASO, discusses how the ICDPASO can serve as a global laboratory for experimenting and innovating in dispute resolution with the potential to impact the landscape of international law, in particular its innovative use of mediation, good offices, and appeal processes to prevent and resolve disputes arising from the BRI. As BRI projects aim to establish infrastructure and digital connectivity within BRI countries and regions for trade and development, this essay argues that the dispute resolution process under the ICDPASO should take into account the overall development of a country or region. The essay concludes that the ICDPASO will be a game changer by introducing an Asian way of resolving disputes.
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Jeretina, Urša. "Administrative Aspects of Alternative Consumer Dispute Resolution in the European Union (EU), Slovenia and Croatia." NISPAcee Journal of Public Administration and Policy 9, no. 1 (June 1, 2016): 191–222. http://dx.doi.org/10.1515/nispa-2016-0009.
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Abstract The consumer field is widespread and often encompasses different legal fields on a single market, especially when it comes to the field of consumer protection. In fact, the consumer mostly remains a weaker party in resolving consumer disputes, especially in administrative proceedings. Traditional court proceedings do not always offer the most cost-appropriate way of resolving consumer disputes, because the damage with legal costs is disproportionate, especially in Small Claims (20 EUR). In theory, Alternative Dispute Resolution (hereinafter: ADR) is considered more flexible, faster and cheaper for disputes between consumers and businesses. Insofar, Consumer ADR (hereinafter: CADR) is seen as a useful tool that helps consumers realize their right of access to justice. It is argued that CADR systems provide valuable information on the needs of disputants, while preserving confidentiality, increasing consumer satisfaction, equality and grater trust. While CADR is praised in theory as an added value, in practice it still remains unrecognizable and therefore is seen as an ineffective formalism in some EU countries. It seems that consumers and businesses lack awareness of the CADR schemes and their benefits, which have effects on the efficient use of CADR in different public and private institutions. The focus of this paper is on the field of Public Administrative Law, which, through different approaches of scientific analysis, combines the main administrative aspects of CADR systems in the EU. Special attention is given to different administrative barriers in the development of various CADR schemes, which cause the formation of administrative dilemmas in some Member states. The new EU legal regulation on Consumer ADR, Online Dispute Resolution (ODR) and EU Administrative law have set flexible rules and principles that would assure the quality of dispute resolution between EU entities with private or public interests. Similarities in proposed principles would lead us closer towards a common European Administrative Space. However, so far such EU initiatives have left many questions unanswered regarding the supervision and financing of CADR schemes, as well as the administrative issues about the purely internal harmonization of “administrative” CADR practices in Member States. An example of the substantial administrative dilemmas in CADR practices, mostly in the field of universal services, can be recognized in existing CADR systems in selected EU countries, e.g. Slovenia and Croatia. POINTS FOR PRACTICIONERS: Special attention is paid to the interplay between the CADR and public administration in the EU, which introduces us to various definitions of the concept of CADR in administrative proceedings. The theoretical view shows that the parties in consumer dispute resolution produce various legal relationships (C2B/G or G/B2C, B2B or G2B) of different legal natures (public or private interests), whether under administrative or civil law. Through comparative analysis of the concept of CADR in administrative proceedings among selected EU countries, divergences are shown in the legal framework of CADR procedures, existing CADR schemes and measuring efficiency tools for CADR procedures, which causes key administrative dilemmas in the main sectors of universal services. Despite divergences, some similarities appear between new principles of proposed new EU regulation, which could lead us closer to a common European Administration law. Unfortunately, the statistical analysis of existing CADR cases in selected Member states indicates an inefficient use of these pledged mechanisms. The given guidelines and improvements with one coherent CADR model contribute to the achievement and pursuit of the set goals towards an efficient European Administrative space.
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Svoboda, Ondrej. "EU Reform Agenda in Defence of the Judicialization of International Economic Law." European Foreign Affairs Review 25, Issue 2 (August 1, 2020): 177–96. http://dx.doi.org/10.54648/eerr2020018.
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A widely-recognized ‘backlash against globalization’ has taken many forms in recent years, particularly in the resurgence of nationalism and protectionism. Following the rise of a legitimacy crisis in the international regime for the protection of investments, the Trumpanian attack on the World Trade Organization (WTO) Appellate Body undermines a crucial function of this organization. In this context, the European Union has traditionally been seen as an advocate of the rule of law at an international level. Currently, it leads the way to maintain rules-based global economic governance by submitting detailed proposals to reform international trade and investment adjudication bodies and galvanizing broad support for them amongst other countries. Specifically, the European Union (EU) proposes the establishment of a multilateral investment court (MIC), which it considers to be the best option to address the concerns with the existing system of investor-State dispute resolution (ISDS). At the WTO, the EU has tabled two sets of proposals to answer concerns from the US and modify the relevant parts of the Dispute Settlement Understanding (DSU). After the collapse of the WTO Appellate Body, the EU led an initiative to create an interim appeal arbitration arrangement. This article argues that, in the absence of leadership by the US, the EU plays an essential role in maintaining trade and investment governance built on international law. This article identifies two different EU approaches in its attempt to (1) modernize an existing adjudication body at the WTO and (2) promote establishment of a new judicial institution for the resolution of investment disputes. In both ways, the EU acts as an innovator in terms of international governance. European Union, reform, judicialization, WTO, Appellate Body, UNCITRAL, investor-state dispute settlement (ISDS), multilateral investment court
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PETRUKHIN, M. V., and A. N. PETRUKHINA. "INSTITUTE OF THE FINANCIAL OMBUDSMAN IN RUSSIA AND THE EUROPEAN UNION COUNTRIES: THE ARGUMENTS “FOR” AND “AGAINST”." Herald of Civil Procedure 11, no. 1 (April 20, 2021): 208–24. http://dx.doi.org/10.24031/2226-0781-2021-11-1-208-224.
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The article is devoted to a new method of out-of-court dispute resolution for domestic law – the institution of financial ombudsman. The article explores the history of the institution; based on the analysis of the Federal Law of 4 June 2018 No. 123-ФЗ “On the Commissioner for the Rights of Consumers of Financial Services”, the author identified problems of the functioning of this institution in the Russian Federation (the absence in Russian legislation of the purpose of the financial ombudsman, the introduction of mandatory pre-trial settlement of the dispute by the financial ombudsman, the absence of the financial ombudsman’s right to reduce the amount of the penalty, the absence of the right to recover a fine in case of violation of the rights of a consumer of financial services, etc.), and also suggested ways to solve them. As possible vectors for the development of the institution under study, the researchers propose to expand the concept of a conflict of interest, establishing the same grounds for challenging a financial commissioner, which are established by civil procedural legislation for challenging a judge. And also, provide the financial ombudsman with the right to reduce the penalty charged to the financial organization, and provide the financial ombudsman with the right to collect a fine from the financial organization.
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Vennikova, V. V. "Disputes in the sphere of social security: ways of prevention, essence and methods of resolution in the countries of the European Union." Analytical and Comparative Jurisprudence, no. 3 (September 28, 2022): 98–102. http://dx.doi.org/10.24144/2788-6018.2022.03.17.
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The article examines the European experience of considering disputes in the field of social security, the ways of their prevention, the essence and methods of resolution, the possibility of borrowing positive assets of foreign states in the law enforcement practice of Ukraine is considered.
Having analyzed the European experience of resolving disputes in the field of social security, three ways of their possible settlement are distinguished: 1) with the help of special courts on social security issues (sectoral justice); 2) through a civil process in general courts; 3) by means of conciliation and arbitration procedures.
It was determined that a social model has developed in European countries, which is based on such values common to all EU member states, such as: a close connection between the level of economic development and social progress; high level of social security, which is universal in nature; developed legislation; equal opportunities and fight against discrimination; production democracy; dialogue of social partners within the framework of contractual relations; availability of developed social infrastructure; the key role of the state in solving social problems; the struggle for employment and eradication of the phenomenon of social rejection and poverty; decent salary; social justice and solidarity in society. These basic values also formed the basis of consideration and resolution of disputes in the field of social security. The listed values should form the foundation of the Ukrainian theory and practice of social disputes. It was determined that the national specifics and practice of each European state provide for the use of various methods of resolving social disputes with recourse to social courts, reconciliation services, mediation, arbitration and mediation. The activity of social courts is based on the principles of tripartite cooperation (tripartism). Court cases are considered by a panel consisting of a professional judge and two non-professional judges.
In addition, state mediation and mediation are effective measures for the pre-trial resolution of social disputes in the EU countries. They contribute to the relief of the judicial system, saving time and financial resources of the parties to the dispute. These institutions are little known for Ukraine and, at the same time, promising.
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Frantsuz, A. J., and A. V. Yanovska. "THE PLACE OF MEDIATION IN THE SYSTEM OF WAYS OF PROTECTING THE RIGHTS OF BUSINESS ENTITIES." Legal Bulletin 94, no. 5 (October 27, 2022): 25–31. http://dx.doi.org/10.31732/2708-339x-2022-05-25-31.
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Today, mediation is one of the most popular alternative ways of resolving disputes (conflicts) in developed countries. It involves the participation of a mediator (mediator), who helps the parties to the conflict to establish a communication process, analyze the conflict situation so that the parties can choose a solution that will meet the interests and needs of both parties to the dispute.The relationship related to the conduct of mediation and the implementation of the agreements reached during it requires regulatory regulation, given the importance of both the procedure itself and its results. Regulation of the mediation procedure, determination of the rights and obligations of its participants, the rules of registration of agreements between the parties are the basis for achieving the goals of mediation and ensuring a balance between the institution of mediation and the legal system of the country. Therefore, every mediator and every lawyer who is involved in the mediation procedure as a consultant or representative of his client must have legal knowledge and knowledge of the ethical and regulatory principles of mediation. The need to introduce the institution of mediation has long been ripe in the domestic legal system, which is due to the inefficiency and imperfection of the judicial system of Ukraine and the low rate of execution of court decisions. Given the successful application of the institution of mediation in many countries and the course of harmonization of national legislation with the legislation of the European Union, on November 3, 2016, the parliament of Ukraine adopted in first reading the draft Law of Ukraine "On Mediation". For the Ukrainian legal system, the legislative initiative to introduce regulations on the institution of mediation is a very important step. Because in the absence of national legislation that determines the legal basis for the process of out-of-court settlement of disputes, the practical application of the institution of mediation was carried out only on the basis of established practice of the European Union. According to the draft Law of Ukraine "On Mediation", mediation is defined as an alternative (out-of-court) method of dispute resolution, by which two (or more) parties to a dispute try to reach an agreement to resolve their dispute within a structured process involving a mediator. A mediator is an independent mediator who helps the parties to resolve a dispute through mediation.
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Malkawi, Bashar H. "Regional Integration: Whither the Arab Free Trade Area?" Legal Issues of Economic Integration 34, Issue 3 (August 1, 2007): 231–54. http://dx.doi.org/10.54648/leie2007015.
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The economic integration sought by Arab countries has been a merely aspirational one. Arab countries have not risen to the challenges posed to it by their unique circumstances. Instead, Arab countries have failed to develop the strength that would be conferred by economic integration. My inquiry will assess why, many decades after first attempts of economic integration, Arab countries have not been more successful in emulating the success of the European Union, a paradigm of successful economic integration. Specifically, I will explore obstacles to Arab economic integration and address the political and economic factors that play a role to achieve this goal. The central hypothesis of this paper is that there must be fundamental structural changes in Arab economic integration agreements. Effective dispute resolution mechanism and few opt-out provisions speak to a greater will to commit to integration. Arab countries must confront internal dissension and lack of implementation.
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Echevarría, Gorka. "In the Name of Free Trade: WTO against the Brazilian Tax Incentives." Global Trade and Customs Journal 15, Issue 5 (May 1, 2020): 235–43. http://dx.doi.org/10.54648/gtcj2020032.
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The Tax incentives offered by Brazil to local production triggered a WTO dispute by the European Union and Japan against the presumably ‘discriminatory tax advantages’ that for years have severely harmed these countries’ automotive and technological industries. This article explores, through the review of the claims submitted by the parties to the dispute, the Panel and the Appellate Body’s resolutions, if these tax incentives effectively increased the border protection in Brazil by imposing a higher tax burden on imported goods than on domestic goods; conditioning tax advantages to the use of domestic goods and, providing export-contingent subsidies. WTO, Brazil, GATT, TRIMS, INOVAR-Auto, Informatics, Tax incentives, Subsidies
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Czermińska, Małgorzata. "EUROPEAN UNION IN WTO’S DISPUTE SETTLEMENT SYSTEM." Roczniki Administracji i Prawa 4, no. XX (December 30, 2020): 33–49. http://dx.doi.org/10.5604/01.3001.0014.8376.
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The World Trade Organisation (WTO) serves as a forum for co-operation, currently for as many as 164 countries, and in addition, it allows for the resolution, also amicably, of trade conflicts between parties, consequently, settling disputes between them. One of essential provisions of the Uruguay Round (UR) of the General Agreement on Tariffs and Trade (GATT) included the introduction of a new dispute settlement mechanism, that is to say, the Dispute Settlement Understanding (DSU), which became effective on 1 January 1995. Member States of the European Union were not only actively involved in developing the rules of the international trade system, but they also influenced, to a large extent, the form of both such rules and of ongoing trade negotiations, as well as they assumed and still assume responsibility for the final arrangements. Hence, their role in the multilateral trade system is both active and passive. This paper aims to demonstrate the functioning of the WTO’s dispute settlement mechanism and show the role which the European Union serves in this system. The Article employs an analytical and descriptive method. It draws on sources from the national and international literature and WTO’s databases.
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Serrano, Fernando, Edoardo Traversa, Sophia Piotrowski, Jérôme Monsenego, Jasna Voje, Katerina Perrou, Ekkehart Reimer, Raffaele Petruzzi, and Lukasz Stankiewicz. "Towards a Standing Committee Pursuant to Article 10 of the EU Tax Dispute Resolution Directive: A Proposal for Implementation." Intertax 47, Issue 8/9 (August 1, 2019): 678–92. http://dx.doi.org/10.54648/taxi2019068.
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The European Union Tax Dispute Resolution Directive 2017/1852 requires Member States to introduce mandatory arbitration for tax treaty disputes. In addition to the standard arbitration procedure laid down in the directive, Member States may also provide for dispute resolution by a Standing Committee. This contribution presents proposals for the implementation of such a Standing Committee.
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Arakelian, Minas, Olga Ivanchenko, and Oleg Todoshchak. "Alternative dispute resolution procedures using information technologies: legal regulation in the European Union and the USA." Revista Amazonia Investiga 9, no. 26 (February 21, 2020): 60–67. http://dx.doi.org/10.34069/ai/2020.26.02.6.
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The article is devoted to the research of legal issues of protection of the violated rights, determination of the effectiveness of the mechanism of ensuring the rights, investigation of alternative ways of protection of rights, analysis of the functioning of ODR platforms and prospects of their functioning. The article notes that with the widespread use of the Internet, legal institutions are changing, especially with regard to dispute resolution. The emergence of e-commerce has led to the emergence of online dispute resolution platforms that are already in use on all continents. The e-commerce market in Ukraine and in the world is gaining momentum, so Ukraine's desire for closer interaction with EU Member States and integration into the common market necessitates a detailed study of the experience of the EU and foreign countries to introduce the most effective and advanced mechanisms for securing the rights of e-commerce participants. The study concludes that it is advisable to use online dispute resolution (ODR) procedures, which are a cross-border alternative dispute resolution, as a fast and versatile way to resolve disputes, as a substitute for the ineffective existing forms of IPR protection. Based on the analysis of the existence of alternative dispute resolution methods, it is established that online dispute resolution due to its specific legal nature is an independent way of resolving disputes.
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Biuković, Ljiljana. "The New Face of CEFTA and its Dispute Resolution Mechanisms." Review of Central and East European Law 33, no. 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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Donskaya, D. S. "Online Settlement of Cross-Border Disputes: Architecture of the Regulatory Environment for Consumer Disputes (European Union Experience)." Actual Problems of Russian Law 16, no. 10 (November 20, 2021): 163–73. http://dx.doi.org/10.17803/1994-1471.2021.131.10.163-173.
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The increasing complexity and digitalization of cross-border relations are an unconditional stimulus for the development and popularization of online dispute resolution mechanisms. The paper examines the European Union experience in regulating modern online mechanisms for resolving consumer disputes and attempts to determine the hierarchy of regulatory acts in relation to online resolution (settlement) of cross-border private law disputes. The author analyzes the features of the European approach to regulating the system of online resolution of crossborder disputes in order to determine the possible vector of development of national legislation as a condition necessary for building and ensuring the functioning of an effective system. The paper notes the advantages and disadvantages of the European system of online settlement of cross-border disputes with the participation of consumers. It concludes that it is necessary to resolve the issue of the applicability of the norms of existing treaties, adapt national legislation to the specifics of online dispute resolution, as well as ensure the possibility of considering cross-border disputes with consumer participation in accordance with standardized rules in order to simplify the dispute resolution procedure and build trust in the online system.
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Kofler, Georg. "EU Tax Dispute Resolution Directive: The Deathblow to Double Taxation in the European Union." EC Tax Review 28, Issue 6 (December 1, 2019): 266–69. http://dx.doi.org/10.54648/ecta2019031.
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Smyrnova, Kseniia. "Dispute Settlement Mechanisms Provided by the Association Agreements Concluded By the European Union with Third Countries." Journal of the National Academy of Legal Sciences of Ukraine 27, no. 3 (September 29, 2020): 63–79. http://dx.doi.org/10.37635/jnalsu.27(3).2020.63-79.
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International dispute settlement and international relations both have a long history. All EU association agreements have appropriate dispute settlement mechanisms, which differ to some extent. The main task of this study is to determine the international legal mechanisms for resolving disputes included in the Association Agreement between the EU and Ukraine. Furthermore, the purpose of the study becomes especially relevant in the context of the process of resolving the Ukraine-EU trade dispute on national restrictions on timber exports, which is the first dispute in Ukrainian practice. A comparison of the various treaty principles of EU cooperation with third countries suggests that the highest level of protection of individuals through the functioning of the dispute settlement mechanism is described by association agreements, and some of them even resemble an "arbitration clause". It was found that the criteria of comparative analysis were the types of dispute resolution mechanisms, consultation procedures and arbitration procedure, mediation procedure and rules of procedure. According to these criteria, it was found that the association agreements contain almost identical provisions on consultation procedures and arbitration, with the exception of some agreements where arbitration is presented on a narrower scale. The provisions on mediation procedures in the submitted agreements are almost identical to the Code of Conduct for Arbitrators and the Rules of Procedure, which serve as template documents duplicated in the various agreements. The association agreements between the EU and Ukraine, Georgia, and Moldova are analysed in detail, and common and distinctive features are described. Differences in the details of dispute settlement mechanisms may indicate that the parties have concerns about the likelihood and intensity of disputes. The Association Agreement between Ukraine and the EU for the settlement of disputes makes provision for the use of various methods: consultations, arbitration, the establishment of an arbitration panel. Particular attention is paid to the analysis of the first case of a trade dispute, which is resolved with the use of the arbitration procedure under the Association Agreement with Ukraine on the export of raw wood
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Sari, Manja Indah. "LEGAL ASPECT OF ONLINE ARBITRATION IN EUROPEAN UNION AND CHINA." Law Review 19, no. 2 (November 29, 2019): 222. http://dx.doi.org/10.19166/lr.v0i2.1882.
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<p>Indonesia is highly regarded as a country with the biggest e-commerce market in South-East Asia. This creates an urgency for the Indonesian government to offer an efficient and effective dispute resolution mechanism to settle dispute arising from e-commerce transaction. Online arbitration as an arbitration conducted online through means of internet and technology may provide solution to the disputes arising from e-commerce transactions. Thus, this article sets out the legal aspect of online arbitration in European Union and China as countries with the most developed online arbitration and largest market of e-commerce. The author will use normative research through comparative, statue approach and will be based on the regulations from primary and secondary resources.</p><p> This article compares six aspects of online arbitration in European Union and China, covering the arbiter, role of government, scope, procedure, enforcement, and factors affecting enforcement. The comparison may give further recommendation on the prospective of online arbitration in Indonesia.</p>
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Melillo, Margherita. "Informal Dispute Resolution in Preferential Trade Agreements." Journal of World Trade 53, Issue 1 (February 1, 2019): 95–127. http://dx.doi.org/10.54648/trad2019005.
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Noting that very few disputes have been adjudicated, many scholars have expressed doubts whether the dispute settlement mechanisms of preferential trade agreements (PTAs) will ever be used. This article argues that looking only at the number of formal disputes (i.e. disputes that lead to the adoption of a decision by third party adjudicators) tells an incomplete story about dispute resolution in PTAs (i.e. resolution of disputed issues). Focusing on the PTAs concluded by the European Union (EU), this article contends that the framework established by the PTAs can have a complementary role to litigation. Like the committees at the World Trade Organization, the committees established by the PTAs can foster dialogue and find technical solutions to disputed issues. By looking at the text of the EU PTAs as well as at available documents on their implementation, this article shows how these committees can tackle disputes.
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Hajnal, Zsolt. "Rules of Consumer Redress in Hungary, in Particular Regarding the Domestic Model of Alternative Dispute Resolution." International and Comparative Law Review 22, no. 1 (July 1, 2022): 87–99. http://dx.doi.org/10.2478/iclr-2022-0005.
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Summary The Member States have sufficient leeway to maintain or flexibly shape the domestic map of consumer enforcement system within the European Union, thus reflecting the sociocultural conditions of the Member State concerned. In this study I focus on the consumer redress mechanisms in wider and narrow sense in the Hungarian legal system, highlighting the unique or special solutions.
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Soom, Annika. "Does the European Union Primary Law Require Member States to Make Corresponding Adjustments?" EC Tax Review 29, Issue 2 (March 1, 2020): 97–103. http://dx.doi.org/10.54648/ecta2020011.
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Although for the time being the directive on tax dispute resolution mechanisms in the European Union has been transposed to the national legislation of majority of Member States and there is an effective solution for transfer pricing disputes, the taxpayers may need a faster solution for double taxation arising from transfer pricing adjustments. As the double tax burden undermines the internal market, this article analyses whether the European Union primary law could provide taxpayers with a solution. The potential requirement to make a corresponding downward adjustment is analysed in the light of freedom of establishment; moreover, considering the Belgium excess profit scheme, it is also examined whether State aid rules might require a corresponding upward adjustment. Transfer pricing, corresponding adjustment, Belgium excess profit, Article 9, upward adjustment, downward adjustment, profit shifting, double taxation, European Union primary law, OECD
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Lucarelli de Salvio, Gabriella Giovanna, and Jeanine Gama Sá Cabral. "Considerations on the Mercosur Dispute Settlement Mechanism and the Impact of its Decisions in the WTO Dispute Resolution System." Journal of World Trade 42, Issue 6 (December 1, 2008): 1013–40. http://dx.doi.org/10.54648/trad2008041.
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This article analyses the evolution of the dispute settlement mechanism (DSM) of the Common Market of the South (Mercosur) from its establishment to the current confi guration, compares it with the mechanisms of the European Union (EU) and the World Trade Organization (WTO) and examines certain Mercosur decisions that are intertwined with WTO rulings, revealing the delicate relation between regional trade agreements (RTAs) and the multilateral trading system.
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Fouwels, Martine. "The European Union's Common Foreign and Security Policy and Human Rights." Netherlands Quarterly of Human Rights 15, no. 3 (September 1997): 291–324. http://dx.doi.org/10.1177/092405199701500303.
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The dispute between the European Union (EU) Member States which broke out over the EU resolution on human rights abuses in China during the 1997 session of the Commission on Human Rights (CHR) in Geneva focused attention on the Common Foreign and Security Policy (CFSP). The present article offers a comprehensive review of the functioning of this institution in the field of the promotion and protection of human rights since the coming into force of the Treaty on European Union in November 1993. 1
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Pietras-Eichberger, Marta. "Evolution of Alternative Dispute Resolution in the Law of the European Union – considerations in the context of the jurisprudence of the Court of Justice." Gubernaculum et Administratio 1(25) (2022): 169–83. http://dx.doi.org/10.16926/gea.2022.01.11.
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Interest in Alternative Dispute Resolution (ADR) is a relatively recent development in the EU. In the broadest sense ADR is an alternative to the entire administration of justice by courts of law. This paper focusses on the selected aspects of alternative dispute resolution in the context of the jurisprudence of the Court of Justice. This paper claims that in the EU a new, integrated system of alternative dispute resolution is being formed based on a uniform set of rules that influences the evolution and development of mediations in Member States independently of the Member States’ previous experiences in this field. Therefore, the objective of this paper is to analyse not only EU laws, but also rulings of the Court of Justice which are still scarce in this respect. However, CJ rulings provide guidance on the interpretation of issues that are new to Member States, and that led to certain infringements in the initial period of implementation of the EU law in the area concerned.
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Verhagen, Gijs. "The Compliance and Dispute Settlement System of the European Energy Community." Legal Issues of Economic Integration 46, Issue 2 (May 1, 2019): 149–60. http://dx.doi.org/10.54648/leie2019009.
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This article assesses the compliance, enforcement and dispute settlement procedure of the Energy Community (EnC). The EnC is an international organization composed of the European Union (EU) and several (South-)East European states, whose main goal is to integrate and harmonize the energy sector of the non-EU member countries with the energy sector of the EU by (among others) offering the prospects of easier access to foreign investments. This however requires implementation by those countries of the mandated rules as set by the EnC, which in practice are similar to the same rules and laws that are required within the EU itself. The implementation of these rules has been proven to be lacking, prompting active compliance enforcement by the Energy Community Secretariat, the permanent body tasked with monitoring compliance. For this, the EnC has a dispute settlement system which is highly diplomatic of nature, and which is most often already effective at enforcing compliance simply by negotiation. However, this dispute settlement system is still seen as lacking a few aspects, such as real sanctions, that would make it more effective at enforcing compliance of the rules of the EnC.
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Guarín Duque, Gustavo. "The Termination Agreement of Intra-EU Bilateral Investment Treaties: A Spaghetti-Bowl with Fewer Ingredients and More Questions." Journal of International Arbitration 37, Issue 6 (December 1, 2020): 797–826. http://dx.doi.org/10.54648/joia2020038.
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This article deals with the issue of the implementation of the Achmea judgment of the Court of Justice of the European Union (CJEU) through the Termination Agreement of Bilateral Investment Treaties (‘Termination Agreement’, TA) between some Member States of the European Union (EU). The article focuses on the analysis of the TA provisions that terminate Bilateral Investment Treaties (‘intra-EU BITs’) and investor-State dispute settlement (ISDS) among EU Members. It also describes TA provisions regulating concluded, new, and pending arbitration proceedings having as a reference the date the CJEU issued the Achmea judgment. Also, it examines how the TA regulates pending arbitration proceedings and discusses how TA Members are allowed to resort to transitional measures to resolve their dispute, throughout an amicable resolution proceeding, if they fulfil some conditions. Further, the article analyses some systemic issues of the TA, some related to the EU investment protection regime, others regarding the legal implications for intra-EU BIT provisions for EU Member States which did not sign the TA. Further, the article examines some possible issues related to the legal nature of the TA under international law and EU law.
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Chaisse, Julien, and Xueliang Ji. "Stress Test for EU’s Investment Court System: How Will Investments Be Protected in the Comprehensive Agreement on Investment?" Legal Issues of Economic Integration 49, Issue 1 (January 1, 2022): 101–24. http://dx.doi.org/10.54648/leie2022005.
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On 30 December 2020, the European Union (EU) and China agreed in principle to a revamped investment treaty: The Comprehensive Agreement on Investment (CAI). Notably, the EU and China have not decided which investment dispute resolution system will be included under the new agreement. Instead, the EU and China are continuing negotiations on this contentious topic. This article discusses the key features of the proposed investment court system in the context of the CAI negotiations to assess whether China could agree on such a paradigmatic change that would have systemic consequences. The article explains the objective reasons behind China’s partial support for the proposed reforms to the existing investor-state arbitration system. For example, China has supported adding an appellate body without accepting the EU’s full-fledged investment court proposal. Finally, the article identifies the points of convergence and divergence which will shape the CAI negotiations and pave the way to global investor-state dispute settlement (ISDS) reform. comprehensive agreement on investment (CAI), investor-state dispute settlement (ISDS), investment court system (ICS), United Nations Commission on International Trade Law (UNCITRAL Working Group III), Comprehensive Economic and Trade Agreement (CETA), EUVietnam Free Trade Agreement (EVFTA), State-to-state dispute resolution, Achmea case, financial responsibility regulation, European Commission
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Mucha, Jagna. "Materialisation of the Concept of Good Governance by Effective Investment Dispute Resolution in the European Union." Journal of Corporate Governance, Insurance, and Risk Management 3, s1 (July 25, 2016): 80–86. http://dx.doi.org/10.56578/jcgirm03s106.
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The concept of good governance constitutes a wide perspective for academic discussion because it provides a substantial theoretical background for settling many practical problems faced contemporarily by the EU. The basic assumptions of good governance have basically remained unchanged since the 90’s, when the concept was introduced by the World Bank. Notably, the scholarly discussions these days reveal new facets of the said concept, when related to specific domains. The paper discusses the application of the specific elements of the concept of good governance in the field of the international investment law. Specifically, it seeks to demonstrate that the concept of good governance regulates the issue of international investments in that, among others, it requires the application of the alternative dispute resolution in order to make the investment law enforceable in the best possible way.
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Choukroune, Leïla. "Settling Trade Related Labour Disputes: FTAs’ Pathways for Greater Social Justice in Globalization." Global Trade and Customs Journal 17, Issue 7/8 (July 1, 2022): 300–303. http://dx.doi.org/10.54648/gtcj2022041.
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Since the conclusion of North African Free Trade Agreement (NAFTA) in 1994, an increasing number of Foreign Trade Agreements (FTAs) have included labour provisions along with specific dispute settlement mechanisms for these provisions. This article analyses how labour provisions have been included in FTAs’ since the early 1990s and critically accesses their suitability and effectiveness in terms of domestic labour reform and trade-related labour dispute settlement. It concludes by evaluating the case for the inclusion of labour provisions in FTAs’ and argues in favour of tailor-made rules suited to the precise reality of countries’ labour markets and regulatory environment. FTAs, labour provisions, sustainable development, ILO, globalization, CPTPP, NAFTA, rule of law, European Union FTAs, dispute settlement
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Shahani, Garima. "The Sequencing Dilemma: Will the European Union Succeed against Indonesia?" Journal of World Trade 49, Issue 3 (June 1, 2015): 517–37. http://dx.doi.org/10.54648/trad2015021.
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The issue of sequencing has been the subject of discussion for quite some time now as the Members have been unsuccessful in progressing with the amendments to the DSU. This article discusses this very debate that has resurfaced after the European Union (EU) filed a complaint against Indonesia for its recourse to Article 22.2 in the US - Clove Cigarettes case. It discusses the US - Clove Cigarettes case in brief before moving on to a discussion of the compliance aspect of the existing dispute between the EU and Indonesia. It then discusses the jurisprudence that has evolved through case law and examines the reforms suggested by Mr Soto to resolve the apparent contradiction between Articles 21.5 and 22.6.The article concludes with an examination of the other Members' views on the sequencing aspect of this complaint along with the author's opinion on its resolution.
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Raj, Vishakha, and M. P. Ram Mohan. "Appellate Body Crisis at the World Trade Organization: View from India." Journal of World Trade 55, Issue 5 (September 1, 2021): 829–52. http://dx.doi.org/10.54648/trad2021035.
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There has been a crisis prevailing at the Appellate Body of the World Trade Organization (WTO) since December 2019. The United States’ (US) refusal to allow the appointment of members to the WTO’s Appellate Body has disturbed the functioning of the entire WTO dispute settlement process. In order to mitigate the effects of this, the European Union (EU) has proposed a multi-party interim appeal arbitration agreement (MPIA) which has been joined by over twenty other WTO members. In the absence of rules-based dispute settlement, countries will most probably resort to bilateral negotiations. This will be prejudicial to the interests of developing countries that have consistently been disadvantaged during bilateral negotiations and fared better in proceedings with third-party adjudication. Though India has expressed concerns about the Appellate Body crisis, it has not joined the MPIA and has stated that it does not intend to do so either. This article explains why India would benefit from joining the MPIA especially given the disputes it has pending before WTO Panels. Joining the MPIA will help India avoid unilateral sanctions at the first instance and increase the likelihood of compliance by other WTO members that are a part of the MPIA. WTO, Appellate Body, India, dispute settlement, multilateralism, United States, European Union
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Ros, Erik. "Article: Free Movement of Persons Between the EU and Switzerland: Quo Vadis?" EC Tax Review 31, Issue 5 (September 1, 2022): 238–50. http://dx.doi.org/10.54648/ecta2022023.
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Relations between Switzerland and the European Union (EU) have been shaped by various (bilateral) agreements. This contribution discusses one of the most important agreements between Switzerland and the EU; the agreement on the free movement of persons (AFMP). The AFMP does not have its own dispute settlement mechanism or supervisory body. Dispute resolution is now left to independent Swiss courts and the Court of Justice of the European Union (ECJ). On 23 November 2018, a first draft of an institutional framework agreement between Switzerland and the EU was published. The aim of this proposed framework agreement was partly to simplify the complex relations between Switzerland and the EU. In May 2021 the Swiss government pulled the plug on the institutional framework agreement because of concerns about migration, labour rights, and worries about the judicial authority the institutional agreement would give to the ECJ. The EC is however clear about what it wants. Amongst others, the dynamic alignment of Swiss law to EU law and a functioning dispute settlement mechanism are issues the EC wants to see solved. In this article the author explores, among other things, what the consequences could be for Swiss fiscal autonomy if Switzerland would follow the EC. The author also reflects in more detail on the ECJ’s case law on frontier workers and the final settlement on capital gains from shareholdings upon emigration to Switzerland. Free movement of persons, Switzerland, taxation, bilateral agreements, Wächtler judgment.
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Kliuiev, Oleksandr, Оlena Agapova, Ella Simakova-Yefremian, and Oleksandr Snigerov. "The Contribution of Forensic Examination to Ensuring the Right to a Fair Trial within ECtHR Case-law." Access to Justice in Eastern Europe 4, no. 4 (October 31, 2021): 104–15. http://dx.doi.org/10.33327/ajee-18-4.4-n000087.
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In this note, the authors study legal and procedural cases of the application of forensic research in the observance of the common European procedural guarantee ensuring the balance of justice during a trial: Art. 6 of the European Convention on Human Rights (right to a fair trial). Based on the current legislation of the European Union and Ukraine, peculiarities of legal regulation and application of forensic expert research during court proceedings are analysed. It is emphasised that established the approaches and practice of applying specific expertise in the countries of the European Union have some peculiarities. It is established that one of the ways to ensure the fairness of a court decision is using forensic science. While comparing the legal framework for providing justice in Ukraine and the European Union, the authors stressed the need to develop a separate policy guideline (strategy, concept, etc.), such as the Vision for European Forensic Science Area used in EU countries. Detailed analysis of the ECtHR case-law on the application of Art. 6 has made it possible to illustrate the specifics of applying forensic science by complying with the fair trial requirement. It is concluded that the adoption of a fair court decision becomes possible when: 1) the practice of law enforcement and legal provisions related to the dispute context are taken into account; 2) the circumstances of the case are established with the use of content and reference to evidence; 3) non-legal phenomena are taken into account, such as ethical, social, moral requirements accepted in society, etc.
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Turcan, Laura, Sriram Govind, and Christina Dimitropoulou. "Applying Modern, Disruptive Technologies to Improve the Effectiveness of Tax Treaty Dispute Resolution: Part 1." Intertax 46, Issue 11 (November 1, 2018): 856–72. http://dx.doi.org/10.54648/taxi2018093.
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This comprehensive two-part article addresses how modern, disruptive technologies can be used to improve the effectiveness of tax treaty dispute resolution. It is clear that international tax dispute resolution needs improvement. The OECD, the European Union and the United Nations have all recently taken measures to this effect by promoting the prevention and timely resolution of treaty-related disputes. However, none of these recommendations considers technology. In this context, this article examines whether the emergence of new and disruptive technologies such as artificial intelligence, shared-data platforms, cloud-based solutions and blockchain could complement the mutual agreement procedure (MAP) and supplementary arbitration and render them more effective by speeding up the resolution, reducing costs and establishing trust between tax administrations and taxpayers. To answer this question, in Part 1 of this article, the authors briefly analyse the main drawbacks of the existing tax treaty dispute resolution process from the perspective of various stakeholders. Next, the article focuses on the fundamental features of a few significant types of technology and analyses how they could improve this process. In Part 2 of this article, the authors will use the analysis from Part 1 to make some specific suggestions as to how the technologies discussed can be used to improve the MAP and supplementary solutions, with an aim to encourage the above-mentioned policy organizations to consider the potential of disruptive technologies in their work.
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Butryn-Boka, N., and O. Zygrii. "NON-COURTARY FORMS OF CIVIL DISPUTE RESOLUTION: INTERNATIONAL EXPERIENCE OF FOREIGN COUNTRIES." Scientific Notes Series Law 1, no. 12 (October 2022): 19–24. http://dx.doi.org/10.36550/2522-9230-2022-12-19-24.
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The article is devoted to the study of non-judicial forms of resolving civil disputes in the current legislation of Ukraine, with reference to foreign practice, the use of these forms. The main forms of dispute resolution are indicated and the concept and content of alternative dispute resolution are analyzed. The main methods in which alternative dispute resolution is expressed are determined, the advantages and differences of each of the methods are investigated. The importance of the development of non-judicial forms of development is also evidenced by international standards. Since Ukraine is trying to meet the European vector of development, the question arises about the compliance of national legislation with international standards, including in the field of civil disputes. First of all, the existence of non-judicial norms for resolving civil disputes indicates the development of democracy in the country, which is manifested in the ability to resolve the conflict without litigation, but in its own environment. However, effective regulation requires a clear enshrinement of these provisions at the level of law, which confirms the favorable development of the state. Referring to international practice, it should be noted that there is a significant number of recommendations that encourage the introduction of new non-judicial forms of civil dispute resolution. This raised the question of introducing a so-called alternative settlement of civil disputes. A significant number of European countries have enshrined this institution at the legislative level. Non-judicial forms of dispute resolution, in particular, are designed to avoid complaints about the improper performance of their functions by the judiciary, which is what led to the emergence of such a system in civil proceedings, which consists in resolving legal conflicts outside the judiciary. Thus, each of the non-judicial forms is characterized by its own procedure for the application and resolution of civil disputes. The need to create such forms arose due to Ukraine's efforts to meet international standards. After all, in foreign countries, the policy of reducing the role of judges in resolving minor disputes, which can be clarified without the need to go to court, is gaining considerable popularity.
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Rodríguez, Ana Lopéz. "Robbing Peter to Pay Paul? isds and ics from an eu Law Perspective." Nordic Journal of International Law 86, no. 4 (November 8, 2017): 470–98. http://dx.doi.org/10.1163/15718107-08604005.
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In 2009 the Treaty of Lisbon conferred upon the European Union the exclusive competence on foreign direct investments (Article 207 tfeu). Following from this new competence the eu has carried out a comprehensive regulation of trade and investment issues and reforms which include the creation of an International Investment Court, as proposed by the European Commission in both ceta and ttip negotiations. This article analyses some of the core legal issues of the proposed Court from a European perspective and comes to the conclusion that the same eu constitutional obstacles allegedly posed by isds are present in the ics. As a result, the Commission’s proposal weakens the perception of isds as a fair and legitimate mechanism to deal with investment-state disputes, whereas it perpetuates the existence of an external and parallel mechanism of dispute resolution outside the European court system.
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Senftl, Martin. "Cross‑Border Mediation: Towards a Balanced Framework for Cross‑Border Dispute Resolution in the European Union." Zeitschrift für europarechtliche Studien 24, no. 4 (2021): 515–60. http://dx.doi.org/10.5771/1435-439x-2021-4-515.
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This paper takes the entry into force of the Singapore Convention on Mediation on 12 September 2020 as an opportunity to reconsider whether the European Union has reached its once ambitious goal to create a balanced relationship between mediation and litigation in cross-border disputes. After a brief overview of the current legal framework for cross-border mediation in the EU in the first section, the meaning of the concept of a balanced relationship and its implications for the regulation of mediation in cross-border disputes are analysed. Starting with the observation that the use of cross-border mediation is still very limited, this second section argues that attempts to establish a balanced relationship in quantitative terms are misguided. Instead of attempting to correct alleged decision deficits by the parties to a dispute, the paper emphasises the regulatory responsibility of European legislators to create a level playing field for different cross-border dispute resolution mechanisms. In this respect, the third section identifies the surprising absence of private international law rules in the EU’s mediation framework as a structural disadvantage of mediation, as compared to litigation and arbitration. The last part of the paper examines in detail the interaction between mediation and the Brussels Ia Regulation to provide specific examples of legal obstacles to cross-border mediation and potential ways to overcome them.
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Chiva, Cristina. "Ethnic Minority Rights in Central and Eastern Europe: The Case of the Hungarian ‘Status Law’." Government and Opposition 41, no. 3 (2006): 401–21. http://dx.doi.org/10.1111/j.1477-7053.2006.00181.x.
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AbstractThe international controversy concerning the Hungarian ‘status law’ of 2001 attests to the vital importance of ethnic minority rights in Central and Eastern Europe, as well as within an enlarged European Union. The paper examines the unique challenges raised by the law from its initial adoption in June 2001 to its subsequent amendment in June 2003. It looks at the interaction between four principal kinds of actors: Hungary (a kin state legislating support for ethnic co- nationals in neighbouring countries), Romania and Slovakia (home states to sizeable Hungarian ethnic groups), the Hungarian minorities in Romania and Slovakia, and the European institutions that became involved in the dispute as mediators.
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Šorović, Mira. "The Republic of North Macedonia - A 'new' country in the Western Balkans." Research in Social Change 11, no. 3 (September 1, 2019): 87–107. http://dx.doi.org/10.2478/rsc-2019-0016.
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Abstract The article tries to explain and define political processes and changes trhough history of the 'new' Western Balkans country - the Republic of North Macedonia. It is word about analysis of the political dispute between Former Yugoslav Republic of Macedonia (FYROM) and Greece, from its biginnings until the present day. This paper will try to give the real picture of political area in the Balkans and explore deeper roots of the 'Macedonian Question' controversy. Also, it will give the explinations of the resolution of 27-year dispute, (between the two neighbor countries), by signing the Prespa Agreement. Hence, leaving by side national identity and history, the North Macedonia will be able to join the European Union and NATO. Thus, in short period of time, a 'new' country in the Western Balkans has putted in the center of the regional politics, with clear purpose: promoting ethnic and cultural heritance in the edge of the European continent.
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Ranjan, Prabhash. "Emerging Trends in Investor-State Dispute Settlement in New Free Trade Agreements." Global Trade and Customs Journal 17, Issue 7/8 (July 1, 2022): 332–37. http://dx.doi.org/10.54648/gtcj2022046.
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The Investor-State dispute settlement (ISDS) mechanism is going through a churning. Several countries, developed and developing, have started contesting the ISDS regime. This is reflected in the treaty practice of these countries. This article studies some of the recently signed free trade agreements (FTAs’) that contain an investment chapter to find out if there are broad discernible trends in the treaty practice of countries on ISDS reflected in these FTAs’. The article argues that there are three broad trends that one can decipher. First, some FTAs’ do not contain an ISDS provision. Second, some contain a limited ISDS provision. Third, the FTAs’ signed by the European Union shows a departure from the traditional ISDS mechanism toward an investor court system to settle international investment law disputes. These trends in FTAs’ on ISDS are part of the global practice that is not reposing the similar faith in ISDS as was the case in the last few decades. ISDS, FTAs’, investment treaties, RCEP, CPTPP, investor-State dispute settlement
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Soprano, Roberto. "The Principle of Effectiveness in the Interpretation of the Protocol of Accession of China to the World Trade Organization: Market Economy Considerations in Anti-Dumping Investigations." Legal Issues of Economic Integration 46, Issue 1 (February 1, 2019): 29–52. http://dx.doi.org/10.54648/leie2019003.
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China’s requests for consultations with the European Union and the United States formally initiated WTO disputes regarding certain provisions of the European Union and United States Anti-Dumping laws pertaining to the determination of normal value for ‘non-market economy’ countries. By filing such requests, China officially requested theWTODispute Settlement Body to clarify one of the most controversial and difficult to interpret ‘pieces of WTO law’. This article addresses the interpretation of section 15 of China’s Protocol of Accession in light of the principle of effectiveness to offer a different perspective on the ongoing dispute. It analyses whether the expiration of paragraph (a)(ii) will automatically prohibit Member States from deviating from standard rules to calculate normal value after 11 December 2016. It focuses particularly on section 15(d) and the criteria to be used to assess if China is (or is not) a market economy
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Korving, J. J. A. M., and J. C. van der Have. "Brexit: The Direct and Indirect Effect of the EU-UK Trade and Cooperation Agreement." Intertax 50, Issue 1 (January 1, 2022): 28–39. http://dx.doi.org/10.54648/taxi2022003.
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The United Kingdom (UK) is no longer part of the European Union (EU). The new relationship between the two parties has led to a trade and cooperation agreement (TCA). While the agreement contains some specific tax provisions and ensures the freedom of movement, in principle, it has no direct effect. This raises questions about the actual impact of this agreement for taxpayers. The authors discuss the direct and indirect effect of the agreement, concluding that courts may, in accordance with World Trade Organization (WTO) law, still be held to interpret their domestic (tax) laws in compliance with the principles from the agreement, including comparably formulated fundamental freedoms. Brexit, treaty, WTO, direct effect, indirect effect, EU, interpretation, dispute resolution.
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Gonzalez, Andrea Maria, and Aldina Sakhi. "The Multi-party Interim Appeal Arbitration Arrangement: An Update." Global Trade and Customs Journal 17, Issue 10 (October 1, 2022): 436–40. http://dx.doi.org/10.54648/gtcj2022062.
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The World Trade Organization’s Appellate Body (AB) continues to face an existential and operational crisis. Since 2017, the United States has blocked the selection of replacements for retiring AB members. As a result, the Appellate Body no longer has any active members and, therefore, cannot function. In March 2020, a group of 16 WTO members, including the European Union, promoted an initiative to establish a ‘multi-party interim appeal arrangement’ (MPIA), as an alternative to AB proceedings pending a resolution of the AB impasse. The arrangement is intended to allow disputes to be resolved finally by an impartial adjudicating body and to preserve a two-tier WTO dispute settlement system, until the Appellate Body resumes its functions. This Article provides a review of the structure and provisions of the MPIA and an update on how it has worked in practice. To date, no WTO dispute has gone through the MPIA process. However, in two recent disputes, Türkiye, which is not an MPIA party, and the European Union entered into agreements on appeals using a process very similar to the MPIA. One of those disputes has proceeded to the appeal stage under this arrangement. This note also provides the review of the differences between the MPIA and the Türkiye-EU mechanism. The World Trade Organization's disputes, the Dispute Settlement Body, Appellate Body Members, Multi-party interim appeal arrangement, MPIA, structure, appeal arbitration procedure, arbitrators, MPIA arbitrator, outgoing disputes, the first case to use appeal, Article 25 Arbitration, Türkiye-EU appeal arbitration agreement, WTO reform, MC12 outcome.
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Ray, Ronjini, and Rishabha Meena. "Application of Dispute Settlement in Free Trade Agreements (FTAs’): A Cross Country Analysis of Modern FTAs’." Global Trade and Customs Journal 17, Issue 7/8 (July 1, 2022): 317–24. http://dx.doi.org/10.54648/gtcj2022044.
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Most modern free trade agreements (FTAs’) include chapters on a variety of topics such as investment, digital trade, labour, gender, environment and small-medium enterprises. These new issues are often addressed in FTAs’ as there is a lack of development of multilateral rules on these areas at the World Trade Organization (WTO). Further, many of these aspects are non-trade issuesviz. environment, labour, competition policy, and investment. These areas are contentious and often face opposition from the Global South and are frequently excluded from the scope of dispute settlement. Against this background, this article examines the trends with respect to the application of the dispute settlement across recent FTAs’ concluded by certain developed countries such as the United States, Canada, Australia, the European Union (EU) and the United Kingdom (UK). This article examines recent FTAs’ and categorizes its chapters as follows: (1) Chapters always subject to dispute settlement, (2) Chapters not subjected to dispute settlement and (3) Chapters that have inconsistent recourse to dispute settlement. Accordingly, the article provides a cross country assessment of the FTA chapters with dispute settlement provisions and the rationale behind such divergent practices. FTA, developed, non-trade, dispute settlement, sustainable trade, USMCA, gender, environment, labour, multilateralism.
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Kovtun, Svitlana, Ilya Shutak, Solomiya Denys, Yurii Semchuk, and Sofiia Kostytska. "Systems of Advocates’ Self-Governance Bodies in European Union Countries." Cuestiones Políticas 40, no. 75 (December 29, 2022): 603–14. http://dx.doi.org/10.46398/cuestpol.4075.36.
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The purpose of the article was to study the experience of self-governance of lawyers in the countries of the European Union EU. On the basis of this material recommendations aimed at improving the advocacy system are provided. Achieving the set goal involved the resolution of the following tasks: a) to reveal the mechanism of functioning of the system of self-government of lawyers in the EU countries and identify its universal features, and; b) to determine the main models of the system of self-government of lawyers in the EU countries. The scope of the study was constituted by public rules, regulated by law, arising in the provision of legal services in the application of the legal profession and the implementation by representatives of its bodies of the right to self-government. The methodological basis of the study consists of general and specific research methods. It is concluded that, the manifestation of the principle of independence of the legal profession and the guarantee of full functioning of the self-governing bodies of bar associations in the EU countries consists in ensuring the freedom of their activities within the legality and its implementation in practice.
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Marmazov, Vasyl, and Pavlo Pushkar. "The Right of Access to Non-State Dispute Resolution in the Legal Order of Larger Europe: A Yardstick to Harmonise Approaches to State and Non-State Dispute Settlement in Ukraine." NaUKMA Research Papers. Law 7 (July 20, 2021): 33–43. http://dx.doi.org/10.18523/2617-2607.2021.7.33-43.
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The Ukrainian legal thought has traditionally regarded the right of access to justice as a right of access to the State court, or to State managed or controlled procedures for dispute settlement. One of the main reasons for that was that the non-state, or uncontrolled by the State dispute settlement was not formally permitted, prohibition being imposed by the Soviet system and even to a certain extent during the period of domination on parts of the territory of the modern Ukraine, of the various externally imposed requirements of various legal systems in force at the material time. Non-state dispute settlement in its traditional forms, mainly based on the custom, was also left outside the attention in the pre-Soviet times and could not find its dignified place between accessible schemes and instruments for dispute settlement. Moreover, the understanding that justice delivery for the parties to the dispute should remain within State monopoly, became commonly accepted as from 1996. The adoption of the Constitution of Ukraine to a certain extent perverted approach to settlement of conflicts, focusing on the main role for the State courts, to these ends. In particular, the courts are having “direct jurisdiction” over any dispute, this led to perception of pre-trial settlements as unnecessary, even as regards those that remained in force, notably, the commissions on labour disputes that were recognized in the case-law of the European Court as equating in legal force to binding and enforceable legal instruments. Thus, the traditional historical approach to seeing judicial examination of disputes as an exceptional step in dispute settlement, in the absence of agreement or settlement by the parties, notably through mediation, arbitration or conciliation, variousforms of third party involvement, steadily disappeared. However, alternative examination of disputes is returning back to its original standing. It is gaining its place in the discussions on the judicial reform and reform of the system for settlement of disputes. This reform is far from being finalised and possibly has not even started in practice. The new approach to settlement of disputes, aimed at breaking the principle of State monopoly on examination of disputes and seeing State dispute settlement by court as an exception, is still not firmly entrenched into the mentality of lawyers, public servants, judges, law enforcement employees and politicians in Ukraine. Thus, the article suggests and points out to importance of taking into account with these changes of a wider European perspective. Such a perspective should relate not only to theoretical and practical advantages of the non-state dispute settlement, but also provides that the privatisation of the dispute settlement procedures and breaking the state monopoly on it, is a part of wider international obligations, also being a part of the supranational legal order of the European Union. This obligation of Ukraine is also seen as part of the requirements stemming from the Council of Europe law. Both the EU law and the Council of Europe provide for extensive soft law recommendations, legal principles, which are formed by the case-law of the European Court of Human Rights. Such an approach provides that alternative means of dispute settlement, including arbitration, do not run contrary to the principles of human rights with regard to fair judicial proceedings. On the contrary, they could be seen as a highly relevant actual means of dispute settlement for any modern European society, built on the principles of respect to rule of law and human rights.
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Rákóczy, Zsuzsanna. "Gazdasági- és egyéb szervezetek konfliktusainak és rendezési lehetőségeinek összevetése." Egyházmegyék – királyság – Szent Korona 33, no. 1 (2021): 89–118. http://dx.doi.org/10.14232/belv.2021.1.7.
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This present study draws findings on possible ways of alternative dispute resolution (ADR) in economic and other “non-economic” organizations. The research analyzed (1) conflicts in organizations, (2) methods of conflict resolution, (3) actors who support the management of conflict management, (4) trust between parties, (5) knowledge of ADR, and (6) additional possible – Hungarian sector-specific – circumstances. There is no such comparison study of economic and ’non-economic’ organizations in Hungary, as well as there is also absence of English studies about the neighbor post-socialist countries of the European Union. The last one was carried out 10 years ago as a pilot project to introduce ADR in Hungary, so with this research, some relevant ideas were carried out that can contribute to the more efficient implementation of domestic efforts.
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Maier-Knapp, Naila. "The EU as an Actor in Southeast Asia in the Context of the South China Sea Arbitration." European Foreign Affairs Review 22, Issue 4 (December 1, 2017): 455–72. http://dx.doi.org/10.54648/eerr2017035.
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The ruling on 12 July 2016 by the Arbitral Tribunal in the case of the South China Sea dispute between the Philippines and China has had positive impact on the credibility of the Philippines and other Southeast Asian claimant countries. This improved positioning for Southeast Asia vis-à-vis China has however mainly seen the promotion of bilateral country relationships with China and displayed limited utility for the Southeast Asian region as a whole. Despite contemporary unpalatability of multilateralism as a viable means for dispute resolution to the claimant countries, there is an inherent multilateral opportunity to the rise of Sino-Southeast Asian bilateralisms post-ruling, especially favourable for regional, inter-regional, and global for a in which Southeast Asian countries and China interact with international partners. Primary aim of this article is to illustrate this indirect opportunity for multilateralism with focus on the extent to which there has been and is enhanced space for the European Union (EU) and its Member States as international partners to express their commitment to peace and security in the Asia-Pacific in the specific context of the South China Sea arbitration.
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Luts, Joris, and Caroline Kempeneers. "Case C-648/15 Austria v. Germany: Jurisdiction and Powers of the CJ to Settle Tax Treaty Disputes Under Article 273 TFEU Article." EC Tax Review 27, Issue 1 (January 1, 2018): 5–18. http://dx.doi.org/10.54648/ecta2018002.
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On 12 September 2017, the Court of Justice ruled in Case C-648/15 Austria v. Germany on the interpretation and application of the double taxation convention between Austria and Germany on the basis of Article 273 TFEU; a provision which allows the Member States to submit to the Court of Justice (CJ) a dispute between them concerning a matter related to the EU Treaties. In this contribution, the authors focus on some selected (EU law) aspects of the judgment of the CJ under Article 273 TFEU, i.e. (1) the scope of the CJ’s jurisdiction under Article 273 TFEU, (2) the effects of a CJ ruling under such provision as regards the Member States and within the EU as a whole, (3) the application of the rules of interpretation proper to international law (i.e. the Vienna Convention on the Law of Treaties) by the CJ in the context of an Article 273 TFEU-based procedure and (4) issues of overlap with the recently adopted Directive on Tax Dispute Resolution Mechanisms in the European Union.
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Guterres, Iva. "Enforcing Environmental Policy – the role of the European Union." UNIO – EU Law Journal 8, no. 1 (December 31, 2022): 32–52. http://dx.doi.org/10.21814/unio.8.1.4522.
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The concerns regarding climate change are on the top of government agendas worldwide, and a global response is urgently required given the climate events that countries all over the world are facing. The European Union (EU) is at the forefront, assuming the leadership in environmental policy with several legal initiatives underway, which have culminated in the promulgation of the European Climate Law and the presentation of the proposed Directive of a Carbon Border Adjustment Mechanism (CBAM). Nonetheless, the EU struggles with difficulties regarding the effectiveness of legal measures, in particular carbon leakage problems. Carbon leakage problems prevail globally as production shifts to countries with less stringent climate regulations, avoiding costs in countries with high emission charges. A resolution regarding the implementation of the CBAM was passed by the European Parliament in March 2021. On the 14th of July 2021, the EU presented 13 policy measures aiming to reduce its GHG emissions by 55% by 2030. On the 22nd of June 2022 the European Parliament voted to adopt the regulation about CBAM. As the EU has played a unique and strong role in climate policy enforcement, the aim of this article is to present this policy option, in the light of the oncoming CBAM. Therefore, the ‘EU climate club’ is imposing coercive environmental tax policies on other countries.
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Barrocas, Manuel Pereira. "A arbitragem no direito da União Europeia." Revista Brasileira de Arbitragem 13, Issue 52 (December 1, 2016): 55–67. http://dx.doi.org/10.54648/rba2016052.
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ABSTRACT: The article deals with arbitration in the European Union (EU) Law and, in addition, some practical aspects concerning the exercise of arbitration within the territorial space of member states. It is particularly emphasized treaty arbitration vis-à-vis the recent and important attribution to the EU of exclusive competence to negotiate and enter into any treaty arbitration between member states or with any third state country, preventing the member states to, without prior permission by the EU, to enter into any bilateral or multilateral investment treaty. Also, the article deals with dispute resolution in the area of energy.
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Tsitsas, George, Chavdar Kolev, Liliana Radoi, and Vlad Petrila. "Technical and Contractual Trends for Micro Tunneling Projects in Romania and Bulgaria." Advanced Engineering Forum 21 (March 2017): 609–18. http://dx.doi.org/10.4028/www.scientific.net/aef.21.609.
Full textAbstract:
This publication provides an overview of the current technical and contractual trends that govern the execution of micro-tunneling projects in both Romania and Bulgaria. Technical issues discussed include available equipment and technologies, aspects related to the complexity and challenges of these works, comparisons between the open trench and trenchless methods, environmental impact, and other. Legal issues discussed include contractual schemes, relationship between the parties involved, dispute resolution, and contract types in compliance with both the national as well as the European Union law. Appropriate technical equipment is recommended to avoid risk in implementation and ensure the quality of finished products.