Academic literature on the topic 'Law – European Free Trade Association countries'
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Journal articles on the topic "Law – European Free Trade Association countries"
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Calboli, Irene. "The intricate relationship between intellectual property exhaustion and free movement of goods in regional organizations: comparing the EU/EEA, NAFTA, and ASEAN." Queen Mary Journal of Intellectual Property 9, no. 1 (February 2019): 22–41. http://dx.doi.org/10.4337/qmjip.2019.01.02.
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This article explores the relationship between national rules on the exhaustion of intellectual property (IP) rights and cross-border trade within regional organizations. In particular, this article compares three distinct approaches adopted by: the European Union (EU); the North American Free Trade Area (NAFTA); and the Association of South East Asian Nations (ASEAN). Based on this comparison, this article concludes that in order to effectively promote the free movement of goods, members of regional organizations need to consistently adopt national policies on IP exhaustion that support, at least, a system of regional exhaustion such as currently found in the EU. However, this article also posits that different regional organizations may decide to adopt a variety of approaches on IP exhaustion. These variations may be based on the different stages of national development of the various members of a regional organization or the size of national markets and economic strategies, including their current level of international trade and whether this trade is primarily with other members of the same organization or with third countries. With time, different national approaches on IP exhaustion may change and lead to a higher level of harmonization to promote a full-scale free movement of goods within a regional organization.
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Brandariz, José A., and Cristina Fernández-Bessa. "A Changing and Multi-scalar EU Borderscape: The Expansion of Asylum and the Normalisation of the Deportation of EU and EFTA Citizens." International Journal for Crime, Justice and Social Democracy 9, no. 3 (August 5, 2020): 21–33. http://dx.doi.org/10.5204/ijcjsd.v9i3.1587.
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The sorting of individuals is one critical function performed by migration law. These legal regulations are based on dichotomies, such as separating irregular migrants from regular migrants. However, through the multi-scalar management of human mobility, the conflicting coexistence of national and supranational interests decentres these legal binaries. Therefore, migration law devices sort newcomers in a more complex way, giving shape to multilayered and unstable hierarchies of otherness. Using Spain as a case study on migration control changes, this paper addresses the role that migration law enforcement institutions play in cementing and eroding these legal categories. First, it analyses the consequences of the so-called ‘migration crisis’ in enlarging a European asylum system that, until recently, seemingly rests on few countries. Second, it examines the increasing normalisation of the forced return of European Union (EU) (and European Free Trade Association [EFTA]) nationals, which undermine a critical prerogative of the EU citizenship status.
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Uryupina, Alisa Eduardovna. "Problems of Implementing the EU's Inter-regional Policy in the Asian Direction." Мировая политика, no. 4 (April 2022): 16–31. http://dx.doi.org/10.25136/2409-8671.2022.4.38967.
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Interregionalism occupies an important place in the foreign policy of the European Union, because through it the EU seeks to expand its presence in various regions of the world and export its norms, views and values. The promising, rapidly developing Asian region is no exception. This article is devoted to the study of the process of building an inter–regional policy by the European Union in the Asian direction, namely with the largest regional association in the region - the Association of Southeast Asian Nations (ASEAN). The purpose of this study is to identify the main factors hindering the building of effective cooperation between the regions, as well as the creation of a free trade zone (FTA). The main conclusion of this study is that there are a number of obstacles to the creation of the EU-ASEAN intercontinental free trade area, which significantly affect the relations between regional groupings. Firstly, it is the practice of concluding bilateral agreements, used as a springboard for the future FTA. Bilateral agreements have already been successfully signed with individual countries, namely Singapore and Vietnam, but contradictions of both an economic and political nature arise with other ASEAN member countries. Secondly, the existing competition with China and the United States for influence in the region hinders the EU's attempts to pursue its inter-regional policy.
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BAUR, GEORGES S. "Square Pegs and Round Holes (Continued): Financial Market Surveillance Authorities and Internal Market Association." Cambridge Yearbook of European Legal Studies 22 (December 2020): 32–59. http://dx.doi.org/10.1017/cel.2020.10.
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AbstractAfter the financial crisis of 2008, the European Union (‘EU’) not only increased its substantial legislation regarding financial services, but also built up a strong and unified system of financial market supervision. In particular, central surveillance authorities were created. These were given far-reaching competences with regard to substituting dysfunctional national authorities or players in the financial services sector. The three European Economic Area (‘EEA’) and European Free Trade Association (‘EFTA’) States—Iceland, Liechtenstein, and Norway—participate in the EU's internal market through their membership of the EEA. In order to continue participating on an equal footing in the internal market for financial services and to honour their duty to maintain homogeneity, the EEA EFTA States also had to incorporate the new institutional setup regarding financial services supervision. This obligation, however, in particular relating to certain intrusive powers of the new surveillance authorities, collided with some constitutional reservations, above all of the two Nordic EEA EFTA States. This article will show how these conflicting aims could be merged into a system that on the one hand guarantees the unified overall approach needed for strengthened surveillance of the internal market for financial services, and on the other hand safeguards certain constitutional reservations of the EEA EFTA States. It also looks at how third countries that do not (fully) participate in the internal market, such as the United Kingdom and Switzerland, are likely to be treated in this context by the EU.
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Kohnstamm, N. M. "Approaching Judgment Day: The Influence of Brexit on the EU Pharmaceutical Framework." Legal Issues of Economic Integration 46, Issue 2 (May 1, 2019): 161–79. http://dx.doi.org/10.54648/leie2019010.
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Though the plans for Brexit keep changing daily at the time of writing of this article, it seems useful to identify and discuss the differences between various types of EU trade agreements with third countries as possible models for a future EU–UK relationship, whatever the outcome. At some point after all the political drama, civil servants and negotiators will need to get down to business and find practical solutions for the new situation. This article examines the impact of such a transition on the integrated EU pharmaceutical industry. First, a state of play chapter details the EU and UK legislation regarding Brexit, possible future agreements and an overview of the pharmaceutical regulatory framework. The focus of the analysis itself is the level of participation in the European Medicine Association on the basis of a European Economic Area (EEA) Agreement (Norway), a Bilateral Agreement (Switzerland), and a Free Trade Agreement (Canada). Within this framework, key regulatory complications of the EU pharmaceutical framework (Market Authorization, Research & Development and Safety Monitoring) are investigated. Finally, the article demonstrates some of the dilemmas and diverging demands of the EU and UK as new trading partners in the pharmaceutical sector.
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Kamerman, S. B., and A. J. Kahn. "Child and Family Benefits in Eastern and Central Europe and in the West: Learning from the Transition." Environment and Planning C: Government and Policy 11, no. 2 (June 1993): 199–211. http://dx.doi.org/10.1068/c110199.
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As countries in Eastern and Central Europe attempt the transition to market economies, they challenge the theoretical and applied repertoires of political economy. It is the premise in this paper that the transition tests the social policy ‘wisdom’ of the pluralistic, democratic ‘Western’ societies and offers scholars the opportunity for monitoring and learning. The paper is focused on family benefits, a component of social policy, and is concentrated on Hungary, Poland, and the Czech and Slovak Federal Republic. A contrast is made to European countries of the European Community and the European Free Trade Association. The United States is also covered. The discussion is concentrated on maternity and parental leave, care for infants, toddlers, and preschool children, and family allowances. One important question addressed is whether with current financial constraints the East will be forced to relinquish its family benefit policies as the West expands such policies. Or, to the contrary, will these policies be expanded further in the East, as a substitute for unemployment insurance and to solve other labor-market problems?
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Herbert, Eti Best, and Fasilat Abimbola Olalere. "What Is Economic Globalization Without Trans-boundary Migration?" Global Trade and Customs Journal 15, Issue 10 (September 1, 2020): 493–503. http://dx.doi.org/10.54648/gtcj2020088.
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The world is often regarded as a global village or borderless globe where various countries freely interconnect and interrelate towards achieving a global goal. Globalization has occasioned international cooperation amongst States through the formation of several treaties and international organizations with economic objectives. This article evaluates the law and attitude of States and International organizations towards economically motivated trans-boundary migration. Particular reference is made to World Trade Organization(WTO), European Union(EU), African Union (AU), Economic Community of West African States (ECOWAS) and North American Free Trade Association(NAFTA). Findings reveal that the legal and institutional frameworks in support of trans-boundary economic migration are very weak, thereby allowing States’ interest to prevail over the globalization objectives. State practices are geared towards placement of several obstacles, such as imposing criminal sanctions, which limits trans-boundary economic migration. This prejudice is more obvious when the trade in service is a South-North movement of labour. These challenges have led to the irresistible conclusion that economic globalization is but a political fiction yet to take root in reality. It is further contended that, the puzzle of economic globalization cannot be completely fixed, except States fully embrace, accepte and liberalize the missing piece of trans-boundary migration. Globalization, Trans-boundary migration, Economic migration, South-North movement, Trade liberalization.
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Sætervadet, Torkell. "Can ‘Traffic Rights’ for Non-commercial Air Operators Be Derived from EU Law?" Air and Space Law 47, Issue 3 (July 1, 2022): 289–314. http://dx.doi.org/10.54648/aila2022016.
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The European Union’s liberalization of the aviation market provided commercial EU air carriers with free access to intra-Community routes. For non-commercial air operators, the Chicago Convention already provided for certain international ‘traffic rights’. Moreover, the introduction of common rules for civil aviation has brought EU-wide harmonization to the non-commercial sector. Despite this, EU operators of non-commercial flights experience restrictions in certain territories. Some EU Member States accept free circulation of harmonized aircraft; others require registration in the state where the operator is based. This article aims to assess whether ‘traffic rights’ for non-commercial air operators can be derived from EU’s harmonized civil aviation rules or other EU law. I conclude that aircraft subject to EU harmonization of technical requirements and administrative procedures related to air operations can circulate freely intra EU, regardless of where the EU operator is based, provided that the aircraft is registered in an EU Member State. The extent of such ‘traffic rights’ for aircraft registered in third countries, i.e., in states other than Member States of the EU or the European Free Trade Association, is less clear. EU harmonization of technical requirements and administrative procedures related to air operations also sought to address third country aircraft based in Member States. However, EU regulation on airworthiness of such aircraft is supplemented by airworthiness rules laid down by the State of registry, and it may be that the level of harmonization within this area must be considered partial. If so, EU Member States might be able to impose national requirements within the limits of Articles 5(1) and 31 of the Chicago Convention, provided that these requirements are compatible with fundamental freedoms of EU law. traffic rights, non-commercial aviation, non-traffic purposes, Chicago Convention, EU law
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Predmestnikov, Oleh, and Vitaliy Gumenyuk. "HARMONIZATION OF ECONOMIC AND LEGAL MECHANISMS FOR DEEPENING EU-UKRAINIAN RELATIONS." Baltic Journal of Economic Studies 5, no. 1 (March 22, 2019): 174. http://dx.doi.org/10.30525/2256-0742/2019-5-1-174-181.
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The policy of Ukraine for the establishment and development of relations with the European Union began in 1993, was carried out all the years of Ukraine’s existence, and received intensive deepening with the beginning of the formation of an international treaty – the Association Agreement, which includes a list of legal, social, economic, and technical regulations, and Deep and Comprehensive Free Trade Area (DCFTA), in 2014 and its final signing in 2017. Political and economic objectives of the Agreement are of fundamental importance to the future of both Ukraine and the whole European region. The political goal is to implement European standards on the territory of Ukraine. This implies the introduction of fundamental European values, namely democracy, rule of law, respect for human rights and the standards of the European security system. The Agreement does not foresee membership in the European Union, however, does not exclude such an opportunity in the future. The economic goal is to help to modernize the Ukrainian economy by expanding trade volumes with the EU and other countries, as well as reforming economic regulation mechanisms in line with the best European practices. Subject to the improvement of the business climate, Ukraine will become attractive for foreign and domestic investment for further production for export to the EU and other markets of the world. Harmonization of standards and European regulations has become a much more important process than the fulfilment of strictly technical requirements and underlies the introduction of effective governance without corruption. In the process of harmonization of interaction, an adaptive institutional mechanism was formed (the highest level – annual Summits; the key coordinator is the Association Council, consisting of members of the Council of the European Union and members of the European Commission, and members of the Cabinet of Ministers of Ukraine; the level of operational coordination – the Association Parliamentary Committee, which includes members of the European Parliament, representatives of the Verkhovna Rada of Ukraine, and the Civil Society Platform; in order to coordinate processes on the territory of Ukraine, the Ukrainian government has introduced a few supervisory committees and commissions). The harmonization of the economic aspect of the mechanism has been determined in solving issues of openness of markets for duty-free import from Ukraine in April 2014, obtaining a visa-free regime with the EU, abolishing export-import tariffs, implementing European technical standards for food safety, phytosanitary norms, competition policy, service provision, and public procurement policy. The issues of further deepening of relations include a review of the terms for the introduction of regulations and legislative provisions before their actual implementation, stabilization of financial and economic processes in the country, and further development of democratic values and social institutions.
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Gricar, Sergej, Stefan Bojnec, and Tea Baldigara. "GHG Emissions and Economic Growth in the European Union, Norway, and Iceland: A Validated Time-Series Approach Based on a Small Number of Observations." Journal of Risk and Financial Management 15, no. 11 (November 7, 2022): 518. http://dx.doi.org/10.3390/jrfm15110518.
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This research aims to ensure methodological conformance and to test the validity of its empirical application. To do so, the study analysed differentiation of the development patterns of four time-series variables. The relationships between greenhouse gas (GHG) emissions, employment, inflation, and gross domestic product (GDP) at constant prices were analysed, comparing the European Union (EU-27) and two European Free Trade Association countries. The study period covers twelve years of monthly and quarterly data from the beginning of 2010 to mid-2021, where the highest frequency of data was 138 observations. The methodology used included unit root testing and the vector autoregressive model (VAR). The study’s main results show that GDP at constant prices significantly affected GHG emissions in the EU-27 countries. Meanwhile, the lag between inflation and employment did not have a considerable impact. This finding shows that inflation was not a stable variable and had a strong autocorrelation. Variable employment did not follow a normal distribution. It was necessary for this research to adopt a suitable model for the technical procedure.
Dissertations / Theses on the topic "Law – European Free Trade Association countries"
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Wei, De Cai. "Trade related environmental measures of European Union : a new kind of trade barriers?" Thesis, University of Macau, 2005. http://umaclib3.umac.mo/record=b1637069.
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Volz, Eckehard. "The trade, development and cooperation agreement between the Republic of South Africa and the European Union : an analysis with special regard to the negotiating process, the contents of the agreement, the applicability of WTO law and the Port and Sherry Agreement." Thesis, Stellenbosch : Stellenbosch University, 2001. http://hdl.handle.net/10019.1/52582.
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Thesis (LLM)--University of Stellenbosch, 1999.ENGLISH ABSTRACT: This thesis deals with the Trade, Development and Cooperation Agreement (TDCA) between the European Union and the Republic of South Africa, which was concluded in October 1999. In particular, the agreement is analysed in the light of the negotiating process between the parties, the contents of the agreement, the applicability of WTO law and the compatibility of the agreement with it and the Port and Sherry Agreement. Since the EU emphasised its aim to commence economic and development cooperation with other African, Caribbean and Pacific (ACP) countries on a reciprocal basis during the negotiations for a successor of the Lomé Convention, the TDCA between the EU and South Africa had to be seen as a "pilot project" for future cooperation agreements between countries at different levels of development. The TDCA between the EU and South Africa is therefore not only very important for the two concerned parties, but could serve as an example for further negotiations between the EU and other ACP countries. Thus the purpose of this thesis is to examine the TDCA between the EU and South Africa from a wider global perspective. The thesis is divided into six Chapters: The first Chapter provides an introduction to the circumstances under which the negotiations between the EU and South Africa commenced. It deals briefly with the economic situation in South Africa during the apartheid era and presents reasons why the parties wanted to enter into bilateral negotiations. The introductory part furthermore presents an overview of the contents of the thesis. The second chapter contains a detailed description of the negotiating process that took place between the parties and shows why it took 43 months and 21 rounds of negotiations to reach a deal. South Africa's partial accession to the Lomé Convention and the conclusion of separate agreements such as the Wine and Spirits Agreement, are also analysed. Chapter three presents the various components of the TOCA and illustrates what the negotiators achieved. This chapter on the TOCA concludes with an evaluation of the Agreement and shows the potential benefits to South Africa and the EU. Since the Agreement had to satisfy international rules, the provisions of the General Agreement on Tariffs and TradelWorld Trade Organisation (GATTIWTO) were of major importance. The EC Treaty, however, does not contain any provision that indicates whether, or how, an international agreement like the GATTIWTO penetrates the Community legal order. In Chapter four, accordingly, questions are raised regarding the extent to which the bilateral agreement between South Africa and the EU was influenced by the GATTIWTO provisions and how these rules were incorporated into the agreement. Furthermore, since the parties agreed on the establishment of a free trade area, this chapter deals with the question of in how far the TOCA is in line with Article XXIV GATT. In addition to the GATT provisions, the TOCA is also affected by the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs). Therefore Chapter five deals with TRIPs in connection with the TOCA. The use of the terms "Port" and "Sherry" as the major stumbling block to the conclusion of the TOCA is analysed more closely. The final part, namely Chapter six, provides a summary of the results of the investigation. Furthermore, a conclusion is provided with regard to the question of whether the TOeA can be seen as an example for further trade relations between the EU and other ACP countries.
AFRIKAANSE OPSOMMING: Hierdie tesis is gerig op die Handels-, Ontwikkelings- en Samewerkingsooreenkoms (TDGA) tussen die Europese Unie (EU) en die Republiek van Suid Afrika wat in Oktober 1999 gesluit is. Die ooreenkoms word veral in die lig van die onderhandelingsproses tussen die partye, die inhoud van die ooreenkoms, die toepaslikheid van Wêreldhandelsorganisasiereg en die versoenbaarheid daarvan met die ooreenkoms en die Port en Sjerrie-ooreenkoms ontleed. Aangesien die EU sy oogmerk van wederkerige ekonomiese en ontwikkelings-gerigte samewerking met ander lande in Afrika en die Karibiese en Stille Oseaan-Eilande gedurende die onderhandelings vir 'n opvolger van die Lomé Konvensie beklemtoon het, moes die ooreenkoms tussen die EU en Suid-Afrika as 'n "loodsprojek" vir toekomstige samewerkingsooreenkomste tussen lande wat op verskillende vlakke van onwikkeling is, gesien word. Die Handels-, Ontwikkelings- en Samewerkingsooreenkoms tussen die EU en Suid-Afrika is dus nie net baie belangrik vir die betrokke partye nie, maar dit kan ook as 'n voorbeeld vir verdere onderhandelings tussen die EU en lande van Afrika en die Karibiese- en Stille Oseaan-Eilande dien. Die doel van dié tesis is om die Handels-, Ontwikkelings- en Samewekingsooreenkoms tussen die EU en Suid-Afrika vanuit 'n meer globale perspektief te beskou. Die tesis is in ses Hoofstukke ingedeel: Die eerste hoofstuk bied 'n inleiding tot die omstandighede waaronder die onderhandelings tussen die EU en Suid-Afrika begin het. Dit behandel die Suid- Afrikaanse ekonomiese situasie onder apartheid kortliks en toon hoekom die partye tweesydige onderhandelings wou aanknoop. Verder bied die inleidende deel 'n oorsig oor die inhoud van die tesis. Die tweede hoofstuk bevat 'n gedetailleerde beskrywing van die onderhandelingsproses wat tussen die partye plaasgevind het en toon aan waarom dit drie-en-veertig maande geduur het en een-en-twintig onderhandelingsrondtes gekos het om die saak te beklink. Suid-Afrika se gedeeltelike toetrede tot die Lomé Konvensie en die sluit van aparte ooreenkomste soos die Port- en Sjerrieooreenkoms word ook ontleed. Die daaropvolgende hoofstuk bespreek die verskillende komponente van die Handels-, Ontwikkelings- en Samewerkingsooreenkoms en toon wat die onderhandelaars bereik het. Hierdie hoofstuk oor die Ooreenkoms sluit af met 'n evaluering daarvan en dui die potensiële voordele van die Ooreenkoms vir Suid- Afrika en die EU aan. Aangesien die Ooreenkoms internasionale reëls moes tevrede stel, was die voorskrifte van die Algemene Ooreenkoms oor Tariewe en Handel (GATT) van uiterste belang. Die EG-verdrag bevat egter geen voorskrif wat aandui óf, of hoé, 'n internasionale ooreenkoms soos GATTNVTO die regsorde van die Europese Gemeenskap binnedring nie. Die vraag oor in hoeverre die tweesydige ooreenkoms tussen Suid-Afrika en die EU deur die GATTIWTO voorskrifte beïnvloed is, en oor hoe hierdie reëls in die ooreenkoms opgeneem is, word dus in Hoofstuk vier aangeraak. Aangesien die partye ooreengekom het om 'n vrye handeisarea tot stand te bring, behandel hierdie hoofstuk ook die vraag oor in hoeverre die TOGA met Artikel XXIV GATT strook. Tesame met die GATT-voorskrifte word die TOGA ook deur die Ooreenkoms ten opsigte van Handelsverwante Aspekte van Intellektuele Eiendomsreg (TRIPs) geraak. Hoofstuk vyf behandel daarom hierdie aspek ten opsigte van die TOGA. Die gebruik van die terme "Port" en "Sjerrie" as die vernaamste struikelblok tot die sluiting van die TOG-ooreenkoms word ook deegliker ontleed. Die laaste gedeelte, naamlik Hoofstuk ses, bied 'n opsomming van die resultate van die ondersoek. Verder word 'n gevolgtrekking voorsien ten opsigte van vraag of die TOGA as 'n voorbeeld vir verdere handelsverwantskappe tussen die EU en ander lande in Afrika en die Karibiese en Stille Oseaan-eilande beskou kan word.
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Kerdreux, Anne Louise. "L'outre-mer au regard du droit européen et du droit international : evolutions statutaires influencées par le droit européen et le droit international." Thesis, Antilles-Guyane, 2014. http://www.theses.fr/2014AGUY0812.
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L’outre-mer comprend des régions, des pays et des territoires aux statuts divers et au passé hérité en grande partie des grandes puissances européennes, ce qui les a placés dans une communauté d’intérêts avec les Etats auxquels ils sont rattachés mais aussi avec l’Union européenne (UE).Néanmoins, ces régions, pays et territoires n’ont eu cesse de reconstruire entre eux des liens historiques et culturels et de tisser des relations avec l’ensemble de l’outre-mer afin de présenter une cohérence d’ensemble dans leur négociation avec l’Union européenne.Les régions ultrapériphériques appliquent le droit communautaire tandis que les pays et territoires d’outre-mer, situés en dehors du territoire communautaire, connaissent un régime d’association avec l’Union européenne.Le Danemark, l’Espagne, la France, les Pays-Bas, le Portugal et le Royaume-Uni ont procédé aux réformes constitutionnelles autorisant de multiples évolutions statutaires dans le respect du droit à l’autodétermination des populations.Forts d’une évolution statutaire et d’un développement économique et social continu, les régions, pays et territoires d’outre-mer souhaitent maintenant faire valoir leurs droits et défendre leurs intérêts au niveau européen et sur la scène internationale.La globalisation des politiques les incite à se regrouper au sein d’institutions internationales. Le rattachement de ces territoires à des Etats de droit leur a ouvert la voie à des systèmes juridiques bien structurés mais aussi aux valeurs européennes. Leur ultrapériphérité les a placés dans une situation géopolitique qui les a fait accéder aux relations internationales.L’objet de cette thèse est de démontrer l’interdépendance entre ces différents ordres juridiques et l’influence du droit européen et du droit international sur l’évolution statutaire de l’outre-mer vers davantage d’autonomie, mais aussi de responsabilisation et de prise en charge de son développement au moyen d’une implication dans son environnement régional, d’une coopération inter-régionale ou transnationale et d’une participation aux travaux des organisations internationalesThe Overseas regions, countries and territories present various statuses inherited mainly from the major European Powers which placed them in a relationship of a common interest not only with their mother countries but also with the European Union (EU).However, these territories have continuously re-built between them historical and cultural links, and weaved relationship within the entire Overseas to appear as a constituted whole while negotiating with the EU.The outermost regions (OR) apply Community Law while the Overseas Countries and territories (OCT) situated outside the territory of the Community, have Association Arrangements with the EU.Denmark, France, Netherlands, Portugal, Spain and United Kingdom have proceeded to necessary constitutional reforms to allow numerous articles amendments in respect of right to self-determination of peoples.At the light of statutory amendments and of a continuous economic and social development, the Outermost regions (OR) and the Overseas Countries and Territories (OCT), now wish to assert their rights and to defend their interests at European and International level.Globalisation of policies encourages OR and OCT to gather within International bodies. The rule of law of the related countries opens them to well-structured legal systems and to European values. The outermost geopolitical localisation makes them to have access to international relations.The purpose of this thesis is to demonstrate the interdependence between these different legal systems and the impact of European and International Law on the statutory amendments of the Overseas towards more autonomy, but also liabilities and involvement on their own development by using their regional environment, inter-regional and transnational cooperation and taking part at the works of international organisations
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FLØISTAD, Karin. "Associated, adapted and (almost) assimilated : the European economic area agreement in a revised EU constitutional framework for welfare services." Doctoral thesis, 2016. http://hdl.handle.net/1814/43809.
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Defence date: 27 October 2016Examining Board: Professor Marise Cremona, supervisor, EUI; Professor Claire Kilpatrick, EUI; Professor Christophe Hillion, University of Leiden and University of Oslo; Professor Fredrik Sejersted, Attorney General, Norway
How are the Contracting Parties to the European Economic Area (EEA) Agreement affected by the revised European Union (EU) constitutional framework for welfare services? This is the key question analysed in this thesis. By welfare services is meant a broad range of services wholly or partly financed through public funds such as public healthcare- and educational services (Part I), various social services (Part II) and public utilities such as transport and public broadcasting (Part III) The thesis demonstrates how the EU/EFTA institutions applying EEA law have attempted a homogenous development of the EEA integration process despite the EU's altered constitutional framework, and how these attempts create both substantive (legal doctrine) and institutional problems. The thesis engages in the debate from the point of view of the EU Treaty revisions reflecting concern for the social dimension of the market integration process. The findings indicate that although these Treaty revisions have not been reflected in amendments to the EEA agreement, a more advanced understanding of the concept of market integration has emerged also in the EEA integration process. These findings add a new element to the supranational character of the EEA Agreement. Despite the inherent challenge posed by European solidarity to sovereign national welfare provision the EEA Agreement moves into the welfare sphere, giving unprecedented powers in particular to the EFTA institutions. The thesis analyses the controversial and disputed consequences for the EU Member States of the EEA Agreement to enlarge the geographical area of application for the provisions on welfare services. The urgent need for better transparency of the process is the recurring theme. The EFTA States are not only associated with the EU Member States; they are adapted and arguably almost assimilated into the internal market through the decision making of the EU/EFTA institutions applying the EEA Agreement. The thesis demonstrates the complexities involved and calls for political decision making on the part of the Contracting Parties to the EEA Agreement.
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HANNESSON, Ólafur Ísberg. "Giving effect to EEA law : examining and rethinking the role and relationship between the EFTA Court and the Icelandic National Courts in the EEA legal order." Doctoral thesis, 2013. http://hdl.handle.net/1814/28418.
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Defence date: 21 January 2013Examining Board: Professor Ernst-Ulrich Petersmann, European University Institute (Supervisor); Professor M. Elvira Mendez-Pinedo, University of Iceland (external co-supervisor); Professor Miguel Poiares Maduro, European University Institute; Judge Páll Hreinsson, EFTA Court.
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
Doctrines developed by the EFTA Court have placed considerable demands on the various national courts in the EFTA States. The Court now considers the EEA Agreement to form an "international treaty sui generis which contains a distinct legal order of its own." This thesis will study the interaction between the EFTA Court and Icelandic courts. The basis of this research rests on two levels. At the EEA level, it is the ECJ and the EFTA Court that form the basis of the study. At the national level, the thesis studies Icelandic Supreme Court and district court decisions. I will approach the question of the impact of EEA law on Icelandic domestic law from two dimensions: substantive and procedural. In substantive terms, the study examines fundamental European judgemade principles, as well as the impact these doctrines have had on Icelandic law. This will indicate how Icelandic courts deal with potential conflicts of law between EEA and Icelandic law, and how they respond to EFTA Court decisions and EEA principles. This part examines many fundamental concepts of EEA law, but the subject mainly raises questions concerning four specific concepts and the reaction of the Icelandic system to them. These are: first, the question of direct effect in EEA law second, the obligation of national courts to interpret national law in the light of EEA law third, the primacy of implemented EEA law and fourth, the principle of State liability. These legal concepts have all been seen as posing specific challenges to Icelandic courts. In its second stage, the thesis will, in procedural terms, study the relationship between the EFTA Court and the Icelandic courts, by investigating how the reference procedure under Article 34 SCA has been applied by the national courts in Iceland. It is only by looking at the discretion exercised by the courts as to whether or not to make a reference that one can form an opinion of Icelandic courts' openness to the EEA legal order.
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BAQUERO, CRUZ Julio. "The economic constitutional law of the European Community: between competition and free movement." Doctoral thesis, 2001. http://hdl.handle.net/1814/4554.
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Defence date: 5 March 2001Examining board: Prof. Giuliano Amato, Presidente del Consiglio dei Ministri; European University Institute (supervisor) ; Prof. Gráinne de Búrca, European University Institute ; Prof. Koen Lenaerts, Judge, Court of First Instance of the European Communities; Katholieke Universiteit Leuven ; Prof. Jean-Victor Louis, European University Institute; Université libre de Bruxelles (supervisor) ; Dr. Peter Oliver, Legal Adviser, European Commission
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
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MULDER, Jotte. "Social legitimacy in the internal market : a dialogue of mutual responsiveness." Doctoral thesis, 2016. http://hdl.handle.net/1814/41264.
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Defence date: 9 May 2016Examining Board: Professor Giorgio Monti, European University Institute (supervisor); Professor Loïc Azoulai, European University Institute/Sciences Po; Professor Anna Gerbrandy, Utrecht University; Professor Christian Joerges, Hertie School of Governance/University of Bremen.
Social legitimacy is conventionally conceived to encompass an empirical notion based on the idea that, lacking societal acceptance, a (political or legal) regime will eventually disintegrate. This concern is reflected in the original compromise of 'embedded liberalism', which stands at the basis of the internal market of the European Union. The primary law set up of the internal market, indeed, shares the idea that the benefits of a joint commitment to free trade can only be achieved in a sustainable way if combined with an acknowledgement of domestic societal objectives within the same frameworks. Nevertheless, social legitimacy will eventually depend on the institutional design and structural rationales that embed societal values within such regimes and vice versa. This perspective is further developed, normatively, on the basis of the work of Karl Polanyi and adopted to critically assess the structural rationales that are developed within internal market adjudication, which the thesis approaches as a separate field of social ordering within the European Union. Thus, social legitimacy is developed as a requirement that perceives the legitimacy of internal market law on the basis of the extent to which it can respond and integrate social practice and values. On this point the thesis finds that the internal market lacks a sufficiently developed rationale or "common language" that is able to address the normative concerns of social legitimacy. Societal realities are often valued within a metric that risks doing violence to potentially genuine and worthwhile aspects of Member States' 'social spheres'. The thesis develops that the normative claims of social legitimacy are best addressed on the basis of a rationale of mutual responsiveness, which is considered a necessary but underdeveloped element of the constitutional form and social purpose of the internal market that is implicit in the constitutional theory of transnational effects. From a perspective of mutual responsiveness, the social purpose of the internal market is not to condition choices that necessarily require the market to trump the social sphere - or the opposite- to allow the social to necessarily trump the market. Mutual responsiveness advances a more holistic approach that conceives the market and the social, literally, as 'communicating vessels'. The normative concerns of social legitimacy and the potential of mutual responsiveness to address these normative claims are the central and connecting elements throughout the thesis.
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TROMMER, Jan. "The responsibility of private actors in the internal market : private actors taking over?" Doctoral thesis, 2017. http://hdl.handle.net/1814/45246.
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Defence date: 30 January 2017Examining Board: Professor Loïc Azoulai, Sciences Po Paris (Supervisor); Professor Marco Dani, University of Trento/LSE; Professor Gareth Davies, Vrije Universiteit Amsterdam; Professor Hans-Wolfgang Micklitz, European University Institute
The picture presented and often referred to in EU internal market law and legal scholarship is clear. Within the internal market private actors are the recipients of rights and public authorities are constrained in their (regulatory) powers. The notion of this new individualism is bound up with capacities, powers, and resources that empower private actors to engage in the internal market and cross-border situations;ultimately serving the objectives the internal market seeks to attain. Yet, within thinew individualism a conceptually different class of private actors has emerged that is constrained in economic freedoms, i.e. through obligations, rather than being empowered in the context of the internal market. This thesis will enquire the reasons that led to the development of this counter-culture. Why did it emerge? To what extent does this phenomenon affect the roles of private actors in the internal market? I will demonstrate that under the counter-culture private actors are responsibilized and transformed into ‘competent authorities’, i.e. alternative forms of regulatory authority, in the internal market. Private actors are placed into systems of shared responsibilities the relationships of which are coordinated by EU internal market law. In this regard, the concept of responsibility will serve as a tool to bridge the gap between the new positions EU internal market law allocates to private actors and the emerging legal consequences, i.e. allocation of obligations or tasks. The legal contexts of EU free movement law, EU discrimination law, EU food safety law and EU data protection law will serve as case studies against which the construed conceptual framework will be tested. Under the counter-culture the new individualism is no longer only about the exercise of self-interests. Rather, this form of the new individualism comes with a requirement to give account to the interests of other actors within the internal market.
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HEROLD, Anna. "European film policies in the context of EU and international law : a misalliance of culture and free market?" Doctoral thesis, 2007. http://hdl.handle.net/1814/6910.
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Defence date: 12 February 2007Examining Board: Prof. Bruno de Witte (European University Institute); Prof. Giuliano Amato (European University Institute); Prof. Rachael Craufurd Smith (University of Edinburgh); Prof. Thomas Cottier (University of Bern)
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
The thesis presents in a comprehensive fashion European film policies in the context of both EU and international law. It relies on a broad survey of national and EU film policy measures, the EU practice in the areas of state aid, antitrust and merger law with respect to the sector and the application of international trade law to film policy instruments. These three different bodies of law are systematically analysed to assess how cultural policy considerations underlying film policy can be married to market forces. The EU experience is studied in depth as the book argues that it can effectively serve as a model to reconcile these sometimes conflicting goals in the global trade arena. This justifies the attention paid to the way in which cultural objectives of film policies are accommodated within the EU competition law framework. The thesis contributes valuably to the current debate on cultural diversity and free trade by providing a more harmonious if not a symbiotic vision of this relationship.
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Kerdreux-Fulrad, Anne Louise. "L'outre-mer au regard du droit européen et du droit international : evolutions statutaires influencées par le droit européen et le droit international." Thesis, 2014. http://www.theses.fr/2014AGUY0812.
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L’outre-mer comprend des régions, des pays et des territoires aux statuts divers et au passé hérité en grande partie des grandes puissances européennes, ce qui les a placés dans une communauté d’intérêts avec les Etats auxquels ils sont rattachés mais aussi avec l’Union européenne (UE).Néanmoins, ces régions, pays et territoires n’ont eu cesse de reconstruire entre eux des liens historiques et culturels et de tisser des relations avec l’ensemble de l’outre-mer afin de présenter une cohérence d’ensemble dans leur négociation avec l’Union européenne.Les régions ultrapériphériques appliquent le droit communautaire tandis que les pays et territoires d’outre-mer, situés en dehors du territoire communautaire, connaissent un régime d’association avec l’Union européenne.Le Danemark, l’Espagne, la France, les Pays-Bas, le Portugal et le Royaume-Uni ont procédé aux réformes constitutionnelles autorisant de multiples évolutions statutaires dans le respect du droit à l’autodétermination des populations.Forts d’une évolution statutaire et d’un développement économique et social continu, les régions, pays et territoires d’outre-mer souhaitent maintenant faire valoir leurs droits et défendre leurs intérêts au niveau européen et sur la scène internationale.La globalisation des politiques les incite à se regrouper au sein d’institutions internationales. Le rattachement de ces territoires à des Etats de droit leur a ouvert la voie à des systèmes juridiques bien structurés mais aussi aux valeurs européennes. Leur ultrapériphérité les a placés dans une situation géopolitique qui les a fait accéder aux relations internationales.L’objet de cette thèse est de démontrer l’interdépendance entre ces différents ordres juridiques et l’influence du droit européen et du droit international sur l’évolution statutaire de l’outre-mer vers davantage d’autonomie, mais aussi de responsabilisation et de prise en charge de son développement au moyen d’une implication dans son environnement régional, d’une coopération inter-régionale ou transnationale et d’une participation aux travaux des organisations internationalesThe Overseas regions, countries and territories present various statuses inherited mainly from the major European Powers which placed them in a relationship of a common interest not only with their mother countries but also with the European Union (EU).However, these territories have continuously re-built between them historical and cultural links, and weaved relationship within the entire Overseas to appear as a constituted whole while negotiating with the EU.The outermost regions (OR) apply Community Law while the Overseas Countries and territories (OCT) situated outside the territory of the Community, have Association Arrangements with the EU.Denmark, France, Netherlands, Portugal, Spain and United Kingdom have proceeded to necessary constitutional reforms to allow numerous articles amendments in respect of right to self-determination of peoples.At the light of statutory amendments and of a continuous economic and social development, the Outermost regions (OR) and the Overseas Countries and Territories (OCT), now wish to assert their rights and to defend their interests at European and International level.Globalisation of policies encourages OR and OCT to gather within International bodies. The rule of law of the related countries opens them to well-structured legal systems and to European values. The outermost geopolitical localisation makes them to have access to international relations.The purpose of this thesis is to demonstrate the interdependence between these different legal systems and the impact of European and International Law on the statutory amendments of the Overseas towards more autonomy, but also liabilities and involvement on their own development by using their regional environment, inter-regional and transnational cooperation and taking part at the works of international organisations
Books on the topic "Law – European Free Trade Association countries"
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Risto, Piipponen, and Westman-Clément Maria, eds. The Agreement on the European Economic Area (EEA): A guide to the free movement of goods and competition rules. Oxford: Clarendon Press, 1994.
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The law of the European Community: Including the EEA Agreement. [Stockholm]: [Fritzes], 1994.
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Andrew, Evans. The law of the European Community: Including the EEA agreement. Deventer, Netherlands: Kluwer, 1994.
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Andrew, Evans. Prawo integracji europejskiej. Warszawa: Dom Wydawn. ABC, 1996.
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Utne, Amund. Employment and unemployment in the EFTA countries. Geneva: European Free Trade Association, Economic Affairs Dept., 1985.
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Fenger, Niels. European Free Trade Association (EFTA) and the European Economic Area (EEA). Alphen aan den Rijn, The Netherlands: Kluwer Law International, 2012.
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Wahl, Nils. The free trade agreements between the EC and EFTA countries: Their implementation and interpretation : a case study. [Stockholm]: Institutet för immaterialrätt och marknadsrätt vid Stockholms universitet, 1988.
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European Union and the EFTA countries: Enlargement and integration. London: Pinter Publishers, 1994.
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1953-, Redmond John, ed. The 1995 enlargement of the European Union. Aldershot, England: Ashgate, 1997.
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1944-, Robinson Mary, Findlater Jantien, and Irish Centre for European Law., eds. Creating a European economic space: Legal aspects of EC-EFTA relations : papers from the Dublin conference, October, 1989. Dublin: Irish Centre for European Law, Trinity College, 1990.
Find full textBook chapters on the topic "Law – European Free Trade Association countries"
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Rabinovych, Maryna. "EU Free Trade Agreements as an Instrument of Promoting the Rule of Law in Third Countries: A Framework Paper." In European Yearbook of International Economic Law 2019, 285–314. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/8165_2019_31.
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Kieron, Beal. "Part V Competition Law and Procedure in the European Economic Area, 28 European Economic Area Competition Procedure." In EU Competition Procedure. Oxford University Press, 2022. http://dx.doi.org/10.1093/law-ocl/9780198799412.003.0028.
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This chapter explores the general structure of the competition provisions and procedure, including the rules on State aid—applicable under the Agreement on the European Economic Area (EEA Agreement). The European Free Trade Association (EFTA) was established in 1960 by Austria, Denmark, Norway, Portugal, Sweden, Switzerland, and the United Kingdom. Its goal was to reduce or remove import duties, quotas, and other obstacles to trade in Western Europe and to uphold liberal, non-discriminatory practices in world trade. EFTA membership served as a platform for EFTA members to negotiate a specific agreement with Member States of the European Community for an extension of the internal market to those countries. The resultant EEA Agreement came into force on 1 January 1994. The EEA Agreement is an international treaty that is considered to be sui generis and which contains a distinct legal order of its own. The Agreement, whilst falling short of a customs union, has created the world's largest integrated economic area. The chapter then describes the substantive competition rules under the EEA Agreement, the procedure to be followed in their application, and the allocation of jurisdiction between the EU Commission and the EFTA Surveillance Authority (ESA) in that application.
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Kur, Annette, and Martin Senftleben. "Acquisition Of Rights." In European Trade Mark Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780199680443.003.0006.
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Under European trade mark law, protection is only acquired through registration (Article 6 EUTMR; Article 1 TMD). Whether the mark is actually used or not is of no relevance at this stage: neither is it a requirement for protection, nor does it grant a substantive right under the European Union Trade Mark Regulation (EUTMR) or the Trade Mark Directive (TMD). However, such protection may follow from national law. Member States are free to grant use-based trade mark protection within their jurisdiction, and in a number of them—Austria, Germany, Italy, the Nordic countries, and, in the form of passing off, the United Kingdom—such protection is available under terms that may differ from country to country. The specificities of the legal regime applying to such signs are independent from the provisions in the TMD.
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Kugler, Kholofelo, and Mulualem Getachew Adgeh. "Africa and Trade and Investment Liberalization." In The Oxford Handbook of International Trade Law (2e), 395—C15.N*. 2nd ed. Oxford University Press, 2022. http://dx.doi.org/10.1093/oxfordhb/9780192868381.013.16.
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Abstract African trade and investment relations have been shaped by external partners and institutions, as well as Africa’s own aspiration for European Union-style regional economic integration. The continent’s economic trajectory has been mainly underpinned by economic liberalization. However, African countries have generally conservatively followed mainstream trade models, rules, and institutions, while being more activist and innovative in investment rulemaking for sustainable development. Unlike investor disputes, African countries also have limited experience in international trade disputes within their regional economic communities and at the World Trade Organization. The African Continental Free Trade Agreement offers African countries an opportunity to forge an ambitious and robust continental economic regime and to facilitate African economies’ industrialization. While progress has been steady in recent years, the fate of Africa’s economic integration within the continent and into the global economy largely hinges on the successful implementation of this agreement.
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Seatzu, Francesco. "Under Construction." In The Global Community Yearbook of International Law and Jurisprudence 2018, 173–88. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190072506.003.0008.
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Although compelled by both political and trade necessities, negotiations for the Euro-Mediterranean Free Trade Area (EMFTA) have been problematic and lengthy. This free trade area is to encompass the countries around the Mediterranean, including non-EU member countries, and it was foreseen in the 1995 Barcelona Declaration as one of the key elements of the Euro Mediterranean Partnership (EMP). After over fifteen years of negotiations and the creation of closer commercial relations between EU Member States and the states of the southern side of the Mediterranean through the conclusion of several Euro-Mediterranean Association Agreements (AAs) and Deep and Comprehensive Free Trade Agreements (DCFTAs) between 1998 and 2012, there is a lot at stake for the EU and the MPCs in the results of these deliberations. This work aims to examine these issues, with particular reference to the most recent progress, if any, made in the decade long negotiation process of EMFTA, and seeks to identify the best way forward.
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Wouters, Jan, Frank Hoffmeister, Geert De Baere, and Thomas Ramopoulos. "Common Commercial Policy." In The Law of EU External Relations, 230–88. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198869481.003.0007.
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This chapter provides an overview of the historical evolution and contemporary legal framework of the EU’s common commercial policy (CCP). A structured presentation of the most important European Court of Justice (ECJ) case law in the field recalls the scope and objectives of the CCP. Specific attention is paid to the unilateral regulation of trade, that is, the EU’s regulations on imports (including trade defence) and exports, services, intellectual property, and foreign direct investment. The chapter also presents the trade barriers and enforcement regulations in their context. Finally, it provides an outline of the main points in the EU’s Free Trade and Investment Agreements with third countries.
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Reich, Arie. "The Impact of the Court of Justice of the European Union on the Israeli Legal System." In The Impact of the European Court of Justice on Neighbouring Countries, 265–304. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198855934.003.0012.
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This chapter presents the findings of the author on the impact of the Court of Justice of the European Union (CJEU) on the Israeli legal system. After a short description of the Israeli legal system and its judiciary, including figures on the use of foreign legal sources by the courts, the chapter describes briefly the relations between the EU and Israel and notes the weak legal approximation provision in the Association Agreement. Despite the lack of obligation on Israel’s part to rely on CJEU judgments, the author has found steadily growing numbers of citations of these judgments by various Israeli courts and tribunals. The chapter presents the statistics of these citations over the years, the types of tribunals that cite the CJEU, and the fields of law where these citations are mostly found (mainly in trade marks, competition law, and labour law). It also lists the CJEU cases that are most cited by Israeli tribunals. It then assesses the impact of the citations by a coding system that allows us to observe the relative influence that the citations had in the various tribunals. After having presented a statistic overview on the citation patterns, the chapter zooms into some specific cases where the CJEU was cited in order to put the citation into context and better understand its significance. Finally, the chapter discusses instances of CJEU impact on Israeli regulation, not case law, namely in the field of competition law, sports (the Bosman case), and privacy (‘the right to be forgotten’).
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Marcos, Araujo Boyd, and Lingen Nicolas von. "Part II Control of Concentrations (Regulation (EC) 139/2004), 16 General Issues: Scope of Control." In EU Competition Procedure. Oxford University Press, 2022. http://dx.doi.org/10.1093/law-ocl/9780198799412.003.0016.
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This chapter studies the scope of the Merger Control Regulation. Council Regulation (EC) 139/2004 on the control of concentrations between undertakings (Merger Control Regulation or MCR) sets out a common merger control in all Member States of the European Union. It is based on the necessity of ensuring that corporate transactions do not distort competition between undertakings, while ensuring a level playing field between undertakings operating in the different Member States. In parallel to the Merger Control Regulation, Article 57 of the Agreement on the European Economic Area (EEA Agreement) extends the merger control regime to the geographic ambit of the European Economic Area. Under the EEA Agreement, if a concentration meets the turnover thresholds of the Merger Control Regulation, the European Commission has sole competence to decide on the concentration. Concentrations with an ‘EFTA [European Free Trade Association] dimension’ as defined in Article 57 of the EEA Agreement and not having an EU dimension are dealt with by the EFTA Surveillance Authority (ESA). However, to date, no such concentrations have been notified to the EFTA Surveillance Authority. Where the Commission handles cases as a consequence of its competence under the EEA Agreement, ESA and the competition authorities of the EFTA States are involved in the proceedings.
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Gunn, T. Jeremy, and Alvaro Lagresa. "The human rights encounter between the EU and its Southern Mediterranean Partners." In The European Union and Human Rights, 244–64. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198814191.003.0012.
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In 2004, the European Commission adopted its ‘European Neighbourhood Policy’ (ENP) to guide relations with the states on its periphery, including its ten ‘Southern Partners’ (Algeria, Egypt, Israel, Jordan, Lebanon, Libya, Morocco, Palestine, Syria (suspended in 2011), and Tunisia). The ENP promoted the Southern Partners as a ‘ring of friends’, each of which would develop bilateral relations with the EU under the common ENP framework. The ENP and the bilateral Euromed Association Agreements (EMAAs) emphasise the linkage of democracy, human rights, rule of law, trade, economic development, and security relations. Historical European interference in the region, however, in particular the colonial rule of several European countries, has left an enduring taint of hypocrisy and double standards. As of today, none of the ten states, with the arguable and qualified exception of Israel, has developed a representative democracy. Respect for human rights and the rule of law remains a challenge in the region. At the same time, the EU frequently prioritises its ‘hard interests’ in trade and security over its ‘soft values’ of promoting human rights. It is recommended that the EU adhere to its official policies rather than employ mere human rights rhetoric, and to require its Southern Partners to effectively implement their EMAAs (presumably through the ‘essential-elements clauses’). The EU is capable of using its vast and disproportionate economic influence to implement its ‘more for more’ policy: the more the Southern Partners comply with the EMAAs, the better will be economic relations with the EU.
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Yann Simo, Regis. "The (Domestic) Enforcement of AU International Economic Law Instruments: Exploring the Desirability of Direct Effect." In The Emergent African Union Law, 417–35. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198862154.003.0023.
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This chapter deals with the principle of direct effect as applied in European Union (EU) law and explores its suitability in the enforcement of African Union (AU) legal instruments, notably those setting up the African Continental Free Trade Area (AfCFTA). What motivates the issue of direct effect is the noted reticence of African countries to litigate trade matters between themselves despite the existence of provisions of regional trade treaties creating courts of justice which give standing to Member States. Therefore, it surveys the avenues through which natural and legal persons can uphold their rights stemming from AfCFTA treaties, thus contributing to treaty interpretation and increasing security and predictability. Currently, the AfCFTA Dispute Settlement Protocol, modelled after the World Trade Organization (WTO), does not allow such a possibility, contrary to rights acquired by natural and legal persons before some African Regional Economic Communities (RECs) courts. Nevertheless, this chapter finds that carving out access of natural and legal persons to AfCFTA proceedings may not always work as intended since there are other ways to bypass these obstacles. These loopholes could be the gateway through which direct effect will develop and become a principle of AU law, broadly speaking. These gaps further complement this chapter’s suggestions to explore amending the AfCFTA legal instruments, even though its dispute settlement system is yet to be tested, in order to match the standing that natural and legal persons have acquired under the RECs, which, in fine, are building blocks towards achieving the AfCFTA and, eventually, the African Economic Community.
Conference papers on the topic "Law – European Free Trade Association countries"
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Węcławowicz-Gyurkovich, Ewa. "Image of a Hanseatic city in the latest Polish architectural solutions." In International Conference Virtual City and Territory. Barcelona: Centre de Política de Sòl i Valoracions, 2016. http://dx.doi.org/10.5821/ctv.8086.
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The problem of the reconstruction of centres of Polish towns and cities after the destructions of the World War II evoke discussions even today. Over the first years after the war, in numerous cases the centres of historical cities and towns were lost; in the place of former market squares and networks of streets with tenements crowned with endwall trims, randomly dispersed concrete blocks of flats were erected, in order to satisfy urgent housing demands. The situation changed after 1980, when in Elbląg, Gdańsk, Szczecin, Kołobrzeg, a rule was adopted according to which the peripheral development of city quarters was to be recreated, restoring tenements located in historical plots of land, but contemporary in style, maintaining the silhouettes and sizes from years before. It is also possible to observe other activities in the solutions of the latest public utility buildings, which - often by using a sophisticated intellectual play - restore the climate and character of cities remembered and known from the past centuries. In the west and north of Europe there are many towns and cities, predominantly ports, which used to be members of Hansa. The organisation of Hansa, the origins of which reach back to the Middle Ages, associated a number of cities which could decide about the provision of goods to cities within a specific territory, and secure markets for products manufactured in them. Thanks to that, cities that belonged to Hansa were developing more rapidly and effectively, and the beginnings of their development within the territory of Germany and in the Baltic states date back to the 13th and 14th centuries. The peak period of the development of Hanseatic cities, where merchants were engaged in free trade with people from European countries, fell in the 14th and 15th centuries, but already in the 17th century there was a complete decline of Hansa, resulting from the occurrence of competition in the form of associations of Dutch and English cities, as well as the Scandinavian ones. From amongst Polish towns and cities, members of Hansa were e.g. Szczecin, Gdańsk, Kołobrzeg, Elbląg, as well as Cracow. In 1980 an association of partner cities of North Europe, dubbed a New Hansa, was established, the objective of which is to attract attention to the common development of tourism and trade. Nowadays, this New Hansa associates over a hundred cities, similarly to what once was in the medieval Hansa. Numerous Polish cities faced the problem of reconstruction after the destruction of the World War II. The effects varied. By adopting the programme of satisfying predominantly housing demands in the 1960s and 1970s, historical old towns in dozens of cities from amongst nearly 2 hundred destroyed by warfare of the World War II in the north and west of Poland were lost forever. Today we can still encounter ruins of Gothic churches in Głogów or Gubin, where in the place of a market square and tenements of townsmen, randomly located rows of typical four- or five-storey blocks of flats have been erected.
Reports on the topic "Law – European Free Trade Association countries"
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Bourrier, Mathilde, Michael Deml, and Farnaz Mahdavian. Comparative report of the COVID-19 Pandemic Responses in Norway, Sweden, Germany, Switzerland and the United Kingdom. University of Stavanger, November 2022. http://dx.doi.org/10.31265/usps.254.
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The purpose of this report is to compare the risk communication strategies and public health mitigation measures implemented by Germany, Norway, Sweden, Switzerland, and the United Kingdom (UK) in 2020 in response to the COVID-19 pandemic based on publicly available documents. The report compares the country responses both in relation to one another and to the recommendations and guidance of the World Health Organization where available. The comparative report is an output of Work Package 1 from the research project PAN-FIGHT (Fighting pandemics with enhanced risk communication: Messages, compliance and vulnerability during the COVID-19 outbreak), which is financially supported by the Norwegian Research Council's extraordinary programme for corona research. PAN-FIGHT adopts a comparative approach which follows a “most different systems” variation as a logic of comparison guiding the research (Przeworski & Teune, 1970). The countries in this study include two EU member States (Sweden, Germany), one which was engaged in an exit process from the EU membership (the UK), and two non-European Union states, but both members of the European Free Trade Association (EFTA): Norway and Switzerland. Furthermore, Germany and Switzerland govern by the Continental European Federal administrative model, with a relatively weak central bureaucracy and strong subnational, decentralised institutions. Norway and Sweden adhere to the Scandinavian model—a unitary but fairly decentralised system with power bestowed to the local authorities. The United Kingdom applies the Anglo-Saxon model, characterized by New Public Management (NPM) and decentralised managerial practices (Einhorn & Logue, 2003; Kuhlmann & Wollmann, 2014; Petridou et al., 2019). In total, PAN-FIGHT is comprised of 5 Work Packages (WPs), which are research-, recommendation-, and practice-oriented. The WPs seek to respond to the following research questions and accomplish the following: WP1: What are the characteristics of governmental and public health authorities’ risk communication strategies in five European countries, both in comparison to each other and in relation to the official strategies proposed by WHO? WP2: To what extent and how does the general public’s understanding, induced by national risk communication, vary across five countries, in relation to factors such as social capital, age, gender, socio-economic status and household composition? WP3: Based on data generated in WP1 and WP2, what is the significance of being male or female in terms of individual susceptibility to risk communication and subsequent vulnerability during the COVID-19 outbreak? WP4: Based on insight and knowledge generated in WPs 1 and 2, what recommendations can we offer national and local governments and health institutions on enhancing their risk communication strategies to curb pandemic outbreaks? WP5: Enhance health risk communication strategies across five European countries based upon the knowledge and recommendations generated by WPs 1-4. Pre-pandemic preparedness characteristics All five countries had pandemic plans developed prior to 2020, which generally were specific to influenza pandemics but not to coronaviruses. All plans had been updated following the H1N1 pandemic (2009-2010). During the SARS (2003) and MERS (2012) outbreaks, both of which are coronaviruses, all five countries experienced few cases, with notably smaller impacts than the H1N1 epidemic (2009-2010). The UK had conducted several exercises (Exercise Cygnet in 2016, Exercise Cygnus in 2016, and Exercise Iris in 2018) to check their preparedness plans; the reports from these exercises concluded that there were gaps in preparedness for epidemic outbreaks. Germany also simulated an influenza pandemic exercise in 2007 called LÜKEX 07, to train cross-state and cross-department crisis management (Bundesanstalt Technisches Hilfswerk, 2007). In 2017 within the context of the G20, Germany ran a health emergency simulation exercise with WHO and World Bank representatives to prepare for potential future pandemics (Federal Ministry of Health et al., 2017). Prior to COVID-19, only the UK had expert groups, notably the Scientific Advisory Group for Emergencies (SAGE), that was tasked with providing advice during emergencies. It had been used in previous emergency events (not exclusively limited to health). In contrast, none of the other countries had a similar expert advisory group in place prior to the pandemic. COVID-19 waves in 2020 All five countries experienced two waves of infection in 2020. The first wave occurred during the first half of the year and peaked after March 2020. The second wave arrived during the final quarter. Norway consistently had the lowest number of SARS-CoV-2 infections per million. Germany’s counts were neither the lowest nor the highest. Sweden, Switzerland and the UK alternated in having the highest numbers per million throughout 2020. Implementation of measures to control the spread of infection In Germany, Switzerland and the UK, health policy is the responsibility of regional states, (Länders, cantons and nations, respectively). However, there was a strong initial centralized response in all five countries to mitigate the spread of infection. Later on, country responses varied in the degree to which they were centralized or decentralized. Risk communication In all countries, a large variety of communication channels were used (press briefings, websites, social media, interviews). Digital communication channels were used extensively. Artificial intelligence was used, for example chatbots and decision support systems. Dashboards were used to provide access to and communicate data.