Legal Issues of Economic Integration最新文献

{"title":"Editorial: On Digital Sovereignty, New European Data Rules, and the Future of Free Data Flows","authors":"","doi":"10.54648/leie2022016","DOIUrl":"https://doi.org/10.54648/leie2022016","url":null,"abstract":"","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":"73096221","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}

{"title":"Procedural Customization & the Limits of Internal Market Law: The ECJ Conducting the Judicial Dialogue","authors":"L. Michaux","doi":"10.54648/leie2022018","DOIUrl":"https://doi.org/10.54648/leie2022018","url":null,"abstract":"Analyses on the limits of EU internal market law mainly focus on substantive evolutions regarding the underlying concepts. However, once the European Court of Justice (ECJ) has clarified the scope of the free movement principles, the ball is then passed to the national judiciary. In the future application of these boundaries, the judicial dialogue remains crucial to ensure an effective and correct implementation of EU law. This interaction is based on a set of procedural guidelines. Whereas such rules might appear as fixed circumstances, this article will demonstrate how the ECJ – through different dynamics – ensures the correct interaction between substantive and procedural evolutions. This ‘procedural customization’ will be uncovered regarding two central limits of EU internal market law: de minimis thresholds, and the purely internal situation doctrine.\u0000internal market law, field of application, limits, de minimis, purely internal situation, preliminary references, European Court of Justice, procedural customization","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":"73168261","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}

{"title":"Revisiting the Principle of Territoriality in Preferential Rules of Origin: Are Territoriality Requirements Obsolete?","authors":"Khuong Dinh","doi":"10.54648/leie2022019","DOIUrl":"https://doi.org/10.54648/leie2022019","url":null,"abstract":"The article revisits a cornerstone in preferential rules of origin (ROO) – the principle of territoriality. In essence, the principle requires manufacturing processes for the purpose of acquiring originating status to be carried out without interruption in the territory of one or several contracting parties to a preferential trade agreement (PTA). Territoriality requirements are found to be at odds with recent developments in global trade and production practice, particularly the emergence of global value chains (GVCs) since they hinder the fragmentation of production. Moreover, the requirement of uninterrupted production in one single country also contravenes the objective of liberalizing preferential ROO through the introduction of full cumulation because the notion of counting all working and processing carried out in various eligible countries would prove impossible. In addition, the principle of territoriality may affect the precise determination of origin because it fails to accord equal treatment to conventional and unconventional inputs for production. For trade-facilitating origin regimes to be effective, territoriality requirements need to be revisited and relaxed.\u0000rules of origin, territoriality, global value chains, cumulation, PTA, servicization","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":"84862452","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}

{"title":"Conditionality and the Rule of Law","authors":"","doi":"10.54648/leie2022011","DOIUrl":"https://doi.org/10.54648/leie2022011","url":null,"abstract":"","PeriodicalId":42718,"journal":{"name":"Legal Issues of Economic Integration","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2022-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76160875","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}

{"title":"The EU Common Regional Market Proposals for the Western Balkans","authors":"Andi Hoxhaj","doi":"10.54648/leie2022015","DOIUrl":"https://doi.org/10.54648/leie2022015","url":null,"abstract":"The EU and the Western Balkans in 2020 launched a regional economic integration initiative entitled ‘The Western Balkans Common Regional Market’, aimed at economically integrating the Western Balkans based on the EU Single Market rules by 2025. The economic integration initiative has been met with challenges, and this contribution provides an assessment of EU-led initiatives to promote economic integration within the Western Balkans between 2014 and 2021, analysing some of the challenges to ensuring that the Western Balkans Common Regional Market is operational by 2025. The contribution conceptualises the mode of governance approach used by the EU in engaging with the Western Balkans since 2014 and suggests that it is largely based on soft law. The contribution finds that the action plan for establishing a regional common market is flawed, as it has not taken on board the high level of corruption and the lack of rule of law in the Western Balkans. The contribution provides new insights into the nature of corruption taking place in the Western Balkans and argues that corruption and the lack of the rule of law could be a major barrier for the proper function of the regional common market.\u0000Western Balkans, Berlin Process, Common Market, Open Balkan, Corruption, Rule of Law, Economic Integration, European Neighbourhood and Enlargement Policy","PeriodicalId":42718,"journal":{"name":"Legal Issues of Economic Integration","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2022-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86272519","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}

{"title":"The Implementation of the Marrakesh Treaty in the European Union: An Important Piece in the Accessibility Jigsaw?","authors":"D. Ferri, Kate Donnellan","doi":"10.54648/leie2022013","DOIUrl":"https://doi.org/10.54648/leie2022013","url":null,"abstract":"The Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled (Marrakesh Treaty) aims to enable the creation and cross-border exchange of copyrighted works in formats that are accessible to individuals with disabilities. To that end, it requires Contracting Parties to introduce a set of limitations and exceptions to existing copyright rules. Following Opinion 3/15 of the Court of Justice, the Marrakesh Treaty was concluded by the European Union (EU) on behalf of its Member States. It was implemented by means of a Directive governing the substantive rights of reproduction, distribution and making available of published works in accessible formats, and a Regulation governing the cross-border exchange of accessible format works with Third Countries, both based on Article 114 of the Treaty on the Functioning of the European Union (TFEU). This article examines the role of the Marrakesh Directive and Regulation in enhancing access to printed material to persons with disabilities. In that connection, it discusses common trends and perceptions of such a Marrakesh framework on the basis of empirical research consisting of a set of semi-structured interviews conducted with key stakeholders across twelve Member States. It locates the Directive and Regulation within the growing body of EU legislation that aims to ensure accessibility of an array of materials, products and services for persons with disabilities, while driving forward economic integration. In doing so, it conceives of the Marrakesh Directive and Regulation as part of the broader remit of EU disability law, which is an emerging cross-cutting area of EU action. On the whole, this article argues that the Marrakesh Treaty and its implementing legislation contribute to the protection of the rights of persons with disabilities within the internal market, but form just one piece – albeit an important one – of the accessibility ‘jigsaw’.\u0000Marrakesh Treaty, Directive 2017/1564/EU (Marrakesh Directive), Disability, Copyright exceptions, Accessibility, European Accessibility Act, European Union Law, Implementation, Empirical Research","PeriodicalId":42718,"journal":{"name":"Legal Issues of Economic Integration","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2022-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80010576","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}

{"title":"Rules of Origin in the EU-UK Trade and Cooperation Agreement: Conceptual and Practical Challenges","authors":"V. Chornyi","doi":"10.54648/leie2022014","DOIUrl":"https://doi.org/10.54648/leie2022014","url":null,"abstract":"In the context of preferential trade agreements, Rules of Origin have attracted negative attention for their propensity to serve protectionist objectives. Against this background, the author seeks to shed light on several conceptual and practical challenges in connection with the Rules of Origin negotiated in the EU-UK Trade and Cooperation Agreement. The discussion proceeds from two basic propositions: first, the Rules of Origin included in this agreement resemble, in essential terms, those included in other modern EU trade agreements with advanced-economy partners; and second, preferential Rules of Origin, such as those agreed between the EU and the UK, embody the outcome of reconciling the divergent interests of import-competing and export industries by the negotiating partners. The author has identified and analysed the following specific challenges posed by the Rules of Origin in the EU-UK Trade and Cooperation Agreement: (1) limited possibilities for origin cumulation; (2) protectionist potential of transitional origin requirements and origin quotas; (3) trade-hindering effect with respect to Northern Ireland; and (4) chilling effect of the potential review of inward processing schemes on trade. Based on the analysis conducted, the author concludes that these challenges negatively affect trade because they operate to foreclose the expansion of legitimate trade opportunities under the EU-UK Trade and Cooperation Agreement.\u0000Origin, Rules of Origin, Preferential Origin, Free Trade Agreements, EU-UK Trade and Cooperation Agreement, Brexit, Inward Processing, Returned Goods, Diagonal Cumulation, Origin Quotas","PeriodicalId":42718,"journal":{"name":"Legal Issues of Economic Integration","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2022-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83981453","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}

{"title":"The Roadmap to the ASEAN-EU FTA in the Post-Pandemic Era","authors":"Pasha L. Hsieh","doi":"10.54648/leie2022006","DOIUrl":"https://doi.org/10.54648/leie2022006","url":null,"abstract":"Relations between the Association of Southeast Asian Nations (ASEAN) and the European Union (EU) have enriched the multifaceted concept of interregionalism from legal and international relations perspectives. The article argues that the transformative ASEAN-EU frameworks have shaped the Third Interregionalism. Brussels’ building-block approach envisions pathfinder agreements with individual ASEAN states as the basis for the ASEAN-EU FTA, which will help realize the EU’s Indo-Pacific strategy and the ASEAN-EU Strategic Partnership. The designs of the EU’s trade and investment agreements with Singapore and Vietnam are therefore critical. The article assesses core areas such as tariff liberalization and ASEAN cumulative rules of origin, as well as commitments of trade in services and non-tariff barriers in key industries. Contributors to the special issue further analyse cutting-edge issues involving electronic commerce and sustainable development. These on-the-ground insights contribute to a new understanding of ASEAN-EU legal frameworks and evolving interregionalism in the post-pandemic era.\u0000ASEAN-EU FTA – CPTPP – Indo-Pacific strategy – Investment Protection – Singapore – RCEP – Sustainable Development – Third Interregionalism – Vietnam","PeriodicalId":42718,"journal":{"name":"Legal Issues of Economic Integration","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74804863","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}

{"title":"Toward an ASEAN-EU FTA: Examining the Trade and Sustainable Development Chapter in the Prospective Indonesia-EU CEPA","authors":"M. Limenta","doi":"10.54648/leie2022009","DOIUrl":"https://doi.org/10.54648/leie2022009","url":null,"abstract":"The successful outcome of bilateral free trade agreement (FTA) negotiations with individual ASEAN Members can be an important precursor toward the intra-regional FTA between ASEAN and the EU. The EU’s bilateral approach with Singapore and Vietnam appears to be fruitful thus far. Meanwhile the Comprehensive Economic Partnership Agreement (CEPA) negotiation with Indonesia is still in progress. Indonesia’s most important export commodity to the EU, palm oil, epitomises a potential challenge to the CEPA in particular in the area of trade and sustainable development (TSD). This article seeks to explore sustainability-related provisions potentially agreed upon in the Indonesia-EU CEPA which together with EU-Vietnam and EUSingapore FTAs will be a sound indicator for a future ASEAN-EU FTA, and how to deal with the issue of palm oil in the CEPA.\u0000ASEAN, EU, environment, FTA, Indonesia, labour, palm oil, sustainable development","PeriodicalId":42718,"journal":{"name":"Legal Issues of Economic Integration","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84528898","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}

{"title":"Demystifying the Sustainable Development Chapter in the EU-Vietnam FTA","authors":"Nguyễn Thị Nhung, H. Trinh","doi":"10.54648/leie2022010","DOIUrl":"https://doi.org/10.54648/leie2022010","url":null,"abstract":"When trade and environment are jointly considered, relaxing environmental standards can nurture economic growth. Among several instruments to balance trade and the environment, free trade agreements (FTAs) have been increasingly employed. This is particularly a priority policy of some developed countries when negotiating FTAs, other non-commercial commitments are conditioned for granting market access to goods from developing countries. Using Chapter 13 of the European Union and Vietnam free trade agreement (EU-Vietnam FTA) as a case study, this article argues that the EU’s model of sustainable development is either a trade-off to gain market access for Vietnamese goods, or a meeting point between the EU’s priority policy and Vietnam’s internal need of addressing trade and sustainability. We further suggest that the sustainable development chapter in the prospective ASEAN-EU FTA, which would share great similarities with that in the EU-Vietnam FTA, could be agreed upon when the EU’s perspective meets ASEAN’s internal needs.\u0000EU-Vietnam FTA, EU FTAs, sustainable development, Vietnam’s internal needs","PeriodicalId":42718,"journal":{"name":"Legal Issues of Economic Integration","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84487857","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}