LSN: Trade Law (Topic)最新文献_第6页

State-to-State Dispute Settlement Provisions in the EU-Canada Comprehensive Economic and Trade Agreement. 欧盟-加拿大全面经济贸易协定中的国家间争端解决规定。

LSN: Trade Law (Topic) Pub Date : 2016-03-01 DOI: 10.2139/SSRN.3392474

P. Pusceddu

{"title":"State-to-State Dispute Settlement Provisions in the EU-Canada Comprehensive Economic and Trade Agreement.","authors":"P. Pusceddu","doi":"10.2139/SSRN.3392474","DOIUrl":"https://doi.org/10.2139/SSRN.3392474","url":null,"abstract":"On 26 September 2014 the European Union and Canada announced the conclusion of the negotiations of a new agreement that would open the doors for new business opportunities and enhanced economic co-operation, creating a trade bridge between two economic powers. The EU-Canada Comprehensive Economic and Trade Agreement (CETA) is a secondgeneration agreement, since it is not merely focused on the abolition of tariffs but more properly on the abolition of nontariff barriers. The agreement also contains innovative stateto-state dispute settlement provisions. The purpose of this article is to analyze these provisions but also to underline the extent to which they represent an innovation in comparison with the WTO Dispute Settlement Understanding (DSU). In order to do so, the article offers an overview of the major salient issues on dispute settlement in preferential trade agreements as well as on the EU-Canada CETA state-to-state dispute settlement provisions and compares the latter to the WTO DSU. The analysis sheds light on the rather more simple nature of the EU-Canada CETA dispute settlement chapter compared to that of the WTO DSU because of the absence of an appellate review stage, which will probably be balanced by a more incisive role for the CETA Joint Committee. The analysis of the contours of the dispute settlement chapter of the CETA concludes with the identification of the major similarities with the WTO DSU but also by identifying the major improvements in the EUCanada CETA, if compared with the WTO DSU. Ultimately, this article shows how CETA has reinforced the economic partnership between the European Union and Canada without disregarding civil society participation and transparency in the dispute settlement phase.","PeriodicalId":103245,"journal":{"name":"LSN: Trade Law (Topic)","volume":"63 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127140642","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

The Protection of General Interests of Host States in Regional Agreements in the Asia-Pacific Area 亚太地区区域协定中东道国一般利益的保护

LSN: Trade Law (Topic) Pub Date : 2015-12-20 DOI: 10.2139/SSRN.2706281

C. Dordi, Yen Trinh

引用次数: 0

Opening Up New Trade Routes for Financial Services: Canada's Priorities 为金融服务开辟新的贸易路线:加拿大的优先事项

LSN: Trade Law (Topic) Pub Date : 2015-12-10 DOI: 10.2139/SSRN.2701935

Daniel Schwanen, Dan Ciuriak, Jeremy M. Kronick

{"title":"Opening Up New Trade Routes for Financial Services: Canada's Priorities","authors":"Daniel Schwanen, Dan Ciuriak, Jeremy M. Kronick","doi":"10.2139/SSRN.2701935","DOIUrl":"https://doi.org/10.2139/SSRN.2701935","url":null,"abstract":"The importance of services to Canada’s economy is often lost in the discussion of how Canada can take advantage of trade agreements such as the Trans-Pacific Partnership. In this Commentary, we look to close this gap with respect to the vital financial services sector. In order to determine the countries that Canada should target as realistic priorities in trade negotiations – with a focus on financial services – we ranked markets from the viewpoint of both economic attractiveness and the feasibility of concluding negotiations. We find that Canada’s first priority, which exploits Canada’s advantages in financial services, should be to ratify the TPP, as many of the countries ranked high on our list are involved in this agreement. Next, Canada should respond to China’s still outstanding offer to negotiate a trade agreement. In addition, we should build on our existing agreements and reinvigorate negotiations with Latin America, as well as with India, and engage with ASEAN nations such as Indonesia, the Philippines and Thailand. While not an exhaustive list, successful liberalization of financial services in these markets would bring significant gains to the Canadian financial sector and economy as a whole. This conclusion is supported by our empirical analysis of three liberalization scenarios – one the TPP as recently signed; second, a Canada-China comprehensive trade agreement that assumes, however, only minimal direct liberalization of financial services; and last an exercise in liberalizing only financial services with some key markets. From this wide range of scenarios, we find gains for Canada’s financial services sector to liberalizing trade. These gains come from the overall positive impact on economic growth of trade agreements, from any actual reduction to barriers affecting financial services, assumed to be fairly modest in all cases, and from the reduction of uncertainty that results from the “binding” of these barriers at levels much lower than what countries are allowed to impose under World Trade Organization rules.","PeriodicalId":103245,"journal":{"name":"LSN: Trade Law (Topic)","volume":"68 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-12-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121558011","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 5

Investment Treaties and the Internal Vetting of Regulatory Proposals: A Case Study from Canada 投资条约与监管提案的内部审查:以加拿大为例

LSN: Trade Law (Topic) Pub Date : 2015-12-07 DOI: 10.2139/SSRN.2700238

Gus van Harten, D. Scott

引用次数: 42

Investissement (Investment) Investissement(投资)

LSN: Trade Law (Topic) Pub Date : 2015-08-30 DOI: 10.2139/ssrn.2653493

Charles-Emmanuel Côté

引用次数: 0

Repellent Forces: The CJEU and Investor-State Dispute Settlement 排斥力量:欧洲法院与投资者-国家争端解决

LSN: Trade Law (Topic) Pub Date : 2015-07-16 DOI: 10.2139/ssrn.2631430

S. Hindelang

{"title":"Repellent Forces: The CJEU and Investor-State Dispute Settlement","authors":"S. Hindelang","doi":"10.2139/ssrn.2631430","DOIUrl":"https://doi.org/10.2139/ssrn.2631430","url":null,"abstract":"The European Union (EU) aspires to conclude and ratify comprehensive trade agreements with Canada, Singapore, the USA and other States containing investment chapters which also provide for investor-State dispute settlement (ISDS). Surprisingly, the conditions and limits stipulated by the Treaties upon which the European Union is founded, i.e. the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU), have received only selective attention. When it comes to the establishment of dispute resolution bodies in international agreements concluded by the EU the concept of autonomy of EU law has proven to be the crucial touchstone. The role of this concept, mainly developed in a series of opinions of the Court of Justice of the European Union (CJEU), in limiting the Union’s leeway to subject itself to the current model of investor-State arbitration has so far not sufficiently been explored. This paper suggests that, in the light of recent decisions, it is not a purely theoretical possibility that the CJEU might take issue with the scope of ISDS currently contained in the CETA Text and similar draft treaties. The means available to sufficiently address the conditions stipulated by EU law might not just bring some modification to the current model of investor-State arbitration, but could completely alter its DNA.","PeriodicalId":103245,"journal":{"name":"LSN: Trade Law (Topic)","volume":"66 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-07-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126175007","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 12

RTAs' Proliferation and Trade-Diversion Effects: Evidence of the 'Spaghetti Bowl' Phenomenon 区域贸易协定的扩散和贸易转移效应:“意大利面碗”现象的证据

LSN: Trade Law (Topic) Pub Date : 2015-06-08 DOI: 10.2139/ssrn.2616015

Zakaria Sorgho

引用次数: 0

Brexit: Directions for Britain Outside the EU 英国脱欧:脱欧后英国的方向

LSN: Trade Law (Topic) Pub Date : 2015-02-17 DOI: 10.2139/ssrn.3903882

Ralph Buckle, J. Hulsman, Tim Hewish, Iain Mansfield, Robert Oulds

引用次数: 4

The Economic Impact of the Australia-United States Free Trade Agreement 《澳美自由贸易协定》的经济影响

LSN: Trade Law (Topic) Pub Date : 2015-01-29 DOI: 10.2139/ssrn.2558855

S. Armstrong