Legal Issues of Economic Integration最新文献

Editorial: Investment Protection in an Integrated Europe – The Non-Enforcement of Intra-EU Investment Arbitration Awards as the Ultimate Test Case for Strasbourg’s Deference Doctrines 社论：一体化欧洲的投资保护--不执行欧盟内部投资仲裁裁决是斯特拉斯堡尊重原则的终极测试案例

IF 0.6

Legal Issues of Economic Integration Pub Date : 2024-02-01 DOI: 10.54648/leie2024001

J. Fahner

引用次数: 0

The EU’s Anti-coercion Instrument: A Return of Unlawful Unilateral Trade Countermeasures in Disguise? 欧盟的反胁迫文书：非法单边贸易反措施的变相回归？

IF 0.6

Legal Issues of Economic Integration Pub Date : 2024-02-01 DOI: 10.54648/leie2024003

Kornel Olsthoorn

{"title":"The EU’s Anti-coercion Instrument: A Return of Unlawful Unilateral Trade Countermeasures in Disguise?","authors":"Kornel Olsthoorn","doi":"10.54648/leie2024003","DOIUrl":"https://doi.org/10.54648/leie2024003","url":null,"abstract":"The European Union (EU) adopted an Anti-Coercion Instrument (ACI) to counter economic coercion and weaponization of economic dependencies. This article analyses the potential application and interaction of the EU’s ACI with the World Trade Organization’s (WTO’s) legal framework. In particular, the article examines the EU’s claim that the ACI is solely governed by general customary law, justifying countermeasures in response to unlawful economic coercion. A closer look reveals the legal complexities and challenges associated with implementing the ACI within the broader context of the WTO. Actions taken under the ACI that seek redress for WTO law violations could potentially be in violation of the WTO’s Dispute Settlement Understanding (DSU). Additionally, justifying a violation of WTO law based on the enforcement of general customary law on countermeasures is unlikely to be accepted. While it is difficult to evaluate the ACI’s application in theory, the article also questions the validity of public morals and national security as justifications for response measures under the ACI. The outcome of potential WTO litigation pertaining to the ACI is difficult to address in the abstract, yet future cases hold the potential to provide further clarity on the interplay between the WTO regime and general international law.\u0000Anti-Coercion Instrument, Open Strategic Autonomy, Economic Coercion, Countermeasures, WTO Dispute Settlement Mechanism","PeriodicalId":42718,"journal":{"name":"Legal Issues of Economic Integration","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2024-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140463521","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: 0

Why Do (High-Income) Countries Wish to Green Their Trade Agreements? 为什么（高收入）国家希望绿化其贸易协定？

IF 0.6

Legal Issues of Economic Integration Pub Date : 2024-02-01 DOI: 10.54648/leie2024004

Tamara Grigoras

{"title":"Why Do (High-Income) Countries Wish to Green Their Trade Agreements?","authors":"Tamara Grigoras","doi":"10.54648/leie2024004","DOIUrl":"https://doi.org/10.54648/leie2024004","url":null,"abstract":"In recent years, many states have undertaken to green their free trade agreements (FTA). As the pace of this evolution towards greener trade relations continues to accelerate, it has also been met with resistance. The inclusion of environmental commitments in FTAs has sometimes been dismissed as an attempt by high-income countries to level the playing field for their market actors by raising environmental standards abroad. Against this background, this article aims to investigate what underlying motive(s) (high-income) states pursue when they negotiate environmental provisions. Using the United States-Mexico-Canada Agreement (USMCA) as a case study, it is argued that it is possible to rely on the legalization of these commitments to unravel treaty parties’ motives for negotiating such rules in the first place. In the case of the USMCA, it is found that the agreement’s environmental commitments could be interpreted as mirroring concern either for the environment or for unfair foreign competition. A closer look at the negotiation process leading to the adoption of the agreement suggests that it was mainly – although certainly not exclusively – out of environmental concerns that stringent environmental commitments were included in the USMCA.\u0000free trade agreements, US trade relations, economic integration, United States-Mexico- Canada Agreement, asymmetries of power, negotiation of treaties, environmental provisions, green protectionism, trade and sustainable development, legalization of international commitments","PeriodicalId":42718,"journal":{"name":"Legal Issues of Economic Integration","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2024-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140468168","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: 0

The EU’s Strategy for More ‘Rules-Based Trade’ and the EU’s Withdrawal from the Energy Charter Treaty 欧盟的“基于规则的贸易”战略和欧盟退出《能源宪章条约》

IF 0.6

Legal Issues of Economic Integration Pub Date : 2023-05-01 DOI: 10.54648/leie2023006

L. Ankersmit

引用次数: 0

The ESM Reform and Its Missing Legitimacy in Non-Euro Area Member States 非欧元区成员国的ESM改革及其合法性缺失

IF 0.6

Legal Issues of Economic Integration Pub Date : 2023-05-01 DOI: 10.54648/leie2023009

O. Žáček

引用次数: 0

Writing for ‘Brexiternity’? Reflections on Legal Scholarship on a Moving Target 为“脱欧主义”写作?对移动目标下的法学研究的思考

IF 0.6

Legal Issues of Economic Integration Pub Date : 2023-05-01 DOI: 10.54648/leie2023008

J. Larik

{"title":"Writing for ‘Brexiternity’? Reflections on Legal Scholarship on a Moving Target","authors":"J. Larik","doi":"10.54648/leie2023008","DOIUrl":"https://doi.org/10.54648/leie2023008","url":null,"abstract":"The United Kingdom’s relationship with the European Union was supposed to be definitively settled several times during the past decade – yet it was not. The 2016 referendum brought about a surge in interest in legal questions, especially of EU law and international economic law. This presented scholars with a questionable gift: on the one hand, countless new opportunities for research, publications, and public visibility; on the other, the curse of chasing a rapidly and at times erratically moving target. Therefore, this essay reflects on the continued relevance of Brexit scholarship and different strategies for extending its shelf-life. It argues that the relevance of this scholarship may indeed extend into the future when foresighted and innovative approaches are being put forward. Looking ahead, the essay observes that the Windsor Framework to overhaul the Northern Ireland Protocol likely marks the end point of the frenzied and fraught EU-UK relationship between 2016 and 2023. The essay concludes that, while disagreements will continue, the EU-UK relationship as a topic is entering a period of normalization. Rigorous legal and innovative interdisciplinary scholarship will remain necessary both to develop EU-UK relations as a sub-topic of its own and to embed it into wider discourses of EU and international law.\u0000Brexit, EU–UK Relations, Legal Scholarship, Northern Ireland, Trade and Cooperation Agreement, Withdrawal Agreement","PeriodicalId":42718,"journal":{"name":"Legal Issues of Economic Integration","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82543672","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 Application of Regulation 452/2019 in Response to Chinese Foreign Direct Investment 《关于应对中国外商直接投资的第452/2019号条例

IF 0.6

Legal Issues of Economic Integration Pub Date : 2023-05-01 DOI: 10.54648/leie2023007

Wouter van Zon

{"title":"The Application of Regulation 452/2019 in Response to Chinese Foreign Direct Investment","authors":"Wouter van Zon","doi":"10.54648/leie2023007","DOIUrl":"https://doi.org/10.54648/leie2023007","url":null,"abstract":"The Regulation establishing a framework for screening of Foreign Direct Investments (FDI) into the European Union (EU) represents a new chapter for the EU’s foreign policy. FDI is a divisive topic within the EU, particularly FDI originating from China. This article seeks to add to the existing literature by assessing the effectiveness of the Screening Regulation towards this Chinese FDI. This assessment shall elucidate the interplay of this Regulation with the internal market, the free movement of capital, freedom of establishment, and the duty of sincere cooperation in response to Chinese FDI. Whilst the Regulation has proven its effectiveness, several deficiencies still exist, brought to light by recent developments such as the COVID-19 pandemic and the Belt and Road Initiative (BRI). By framing this article against the backdrop of the golden shares case law, these deficiencies are highlighted and addressed. Allowing EU Member States (MS) to safeguard their public order and security considerations in screening through national measures would allow for a better control over their markets in conjunction with the Regulation, although further development is needed.\u0000Foreign direct investment, Chinese State-Owned Enterprises, Chinese economic statecraft, European External Trade Policy, EU trade policy, EU foreign policy, Bilateral Investment Treaties (BIT), Freedom of establishment, Free movement of capital, Golden shares","PeriodicalId":42718,"journal":{"name":"Legal Issues of Economic Integration","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73116266","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: 0

Do Revisions to the Harmonized System Lead to Distortions in Rules of Origin? A Case Study of India’s Selected Free Trade Agreements 协调制度的修订会导致原产地规则的扭曲吗?印度自由贸易协定选择案例研究

IF 0.6

Legal Issues of Economic Integration Pub Date : 2023-05-01 DOI: 10.54648/leie2023010

R. Cornejo, Surendar Singh, Jeremy T. Harris

引用次数: 0

Turkey–Pharmaceuticals: The First WTO Arbitration for Appellate Review 土耳其制药:第一个WTO上诉复审仲裁

IF 0.6

Legal Issues of Economic Integration Pub Date : 2022-11-01 DOI: 10.54648/leie2022020

Julia Ya Qin

{"title":"Turkey–Pharmaceuticals: The First WTO Arbitration for Appellate Review","authors":"Julia Ya Qin","doi":"10.54648/leie2022020","DOIUrl":"https://doi.org/10.54648/leie2022020","url":null,"abstract":"On 25 July 2022, the World Trade Organization (WTO) issued an arbitration award under Article 25 of the Dispute Settlement Understanding (DSU) on the appeal from the Panel Report in Turkey–Pharmaceuticals. This is the first use of the DSU Article 25 arbitration proceedings for the review of a WTO panel decision. As such, the case is highly significant in that it demonstrates how this alternative dispute settlement method can be successfully utilized to fulfil the function of appellate review after the Appellate Body (AB) became paralysed. Moreover, this innovative use of Article 25 arbitration may suggest a long-term solution in the reform of WTO dispute settlement. With respect to substantive legal issues, this case is also noteworthy, for it dealt with the question of public health and WTO law, a particularly sensitive topic in the post-pandemic era. This essay provides a critical review of the findings of the Panel and the Arbitrators on the substantive issues, while appraising the systemic significance of this first appeal arbitration.\u0000WTO Dispute Settlement, DSU Article 25 Arbitration, WTO Reform, Appellate Review, GATT Article XX(b), public health, localization measure","PeriodicalId":42718,"journal":{"name":"Legal Issues of Economic Integration","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77266388","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: 0

The Time Factor in the MFN Obligation in Services Trade: Will the Lion Ever Roar? 服务贸易最惠国义务中的时间因素:狮子还会咆哮吗?

IF 0.6

Legal Issues of Economic Integration Pub Date : 2022-11-01 DOI: 10.54648/leie2022017

Rudolf Adlung, Bregt Natens

引用次数: 0