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Author: Patricia Trapp
Publisher: Springer Nature
ISBN: 3030913635
Category : Law
Languages : en
Pages : 342
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Book Description
Anti-dumping and anti-subsidy measures are the most important elements of the European Union's trade defence instruments. Since the beginning of the European integration process, they have been used to combat trade practices which are considered "unfair" and their distortive effects on competition in the internal market. However, while the imposition of trade defence measures aims to level the playing field between EU producers and their foreign competitors, it also produces negative effects on competition itself. Based on the role attributed to competition and trade defence policy respectively throughout the European integration process, this book argues that the trading bloc's trade defence instruments should not be designed or applied with the objective of granting maximum protection to EU producers, but that their use should be limited to what is necessary to ensure fairness in competition between EU producers and exporting producers. However, an analysis of the changes made to the European Union's Basic Anti-Dumping Regulation and the Basic Anti-Subsidy Regulation by the Trade Defence Modernisation Package reveals that several aspects of the European Union's modernised trade defence instruments do not meet this requirement. Rather than being limited to offsetting the unfair competitive advantages of producers practicing dumping or benefiting from subsidies, the reformed provisions go beyond this, distorting competition in favour of the EU industry instead. Furthermore, the book critically assesses the reformed rules relating to the integration of social and environmental aspects in the imposition of anti-dumping or anti-subsidy measures as well as the modernised basic regulations’ compatibility with WTO law.
Author: Patricia Trapp
Publisher: Springer Nature
ISBN: 3030913635
Category : Law
Languages : en
Pages : 342
Get Book Here
Book Description
Anti-dumping and anti-subsidy measures are the most important elements of the European Union's trade defence instruments. Since the beginning of the European integration process, they have been used to combat trade practices which are considered "unfair" and their distortive effects on competition in the internal market. However, while the imposition of trade defence measures aims to level the playing field between EU producers and their foreign competitors, it also produces negative effects on competition itself. Based on the role attributed to competition and trade defence policy respectively throughout the European integration process, this book argues that the trading bloc's trade defence instruments should not be designed or applied with the objective of granting maximum protection to EU producers, but that their use should be limited to what is necessary to ensure fairness in competition between EU producers and exporting producers. However, an analysis of the changes made to the European Union's Basic Anti-Dumping Regulation and the Basic Anti-Subsidy Regulation by the Trade Defence Modernisation Package reveals that several aspects of the European Union's modernised trade defence instruments do not meet this requirement. Rather than being limited to offsetting the unfair competitive advantages of producers practicing dumping or benefiting from subsidies, the reformed provisions go beyond this, distorting competition in favour of the EU industry instead. Furthermore, the book critically assesses the reformed rules relating to the integration of social and environmental aspects in the imposition of anti-dumping or anti-subsidy measures as well as the modernised basic regulations’ compatibility with WTO law.
Author: Christoph Herrmann
Publisher: Springer Nature
ISBN: 3031253302
Category : Law
Languages : en
Pages : 121
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Book Description
The European Union is one of the most outward-oriented economies in the world, and free trade is one of its founding principles. As such, instruments intended to ensure that international trade is conducted on a level playing field have been part of the EU’s policy toolbox since the beginning of European integration. Adapting to the current changes in international trade, these instruments have since undergone major reforms. This work provides an overview of the EU’s legal framework on the use of its trade defence instruments, in particular measures under the Trade Barriers Regulation, the Basic Anti-Dumping Regulation and the Basic-Anti Subsidy Regulation. The book shares valuable insights into how EU institutions currently apply these instruments and places their application in the broader political context in which international trade takes place, which has been shaped e.g. by developments related to the United Kingdom’s withdrawal from the EU and the ongoing blockade of the WTO Appellate Body.
Author: Michael Hahn
Publisher: Studies in Eu External Relatio
ISBN: 9789004393400
Category : Law
Languages : en
Pages : 622
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Book Description
Présentation de l'éditeur : "Law and Practice of the Common Commercial Policy provides a critical analysis of the European Union (EU)'s trade law and policy since the Treaty of Lisbon. In particular, it analyses the salient changes brought by the Treaty of Lisbon to the Common Commercial Policy (CCP), focussing on the relevant case law of the Court of Justice of the European Union (ECJ), EU free trade agreements, investment protection, trade defence, institutional developments and the nexus between the CCP and other EU policies. The volume brings together a group of distinguished authors, including former and current members of the ECJ, practitioners, officials from EU institutions and Member States and leading scholars in the area of EU trade and external relations law."
Author: Marc Bungenberg
Publisher: Springer
ISBN: 3319953060
Category : Law
Languages : en
Pages : 318
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Book Description
This EYIEL Special Issue is devoted to the European Union’s Trade Defence Instruments (TDIs). The recent legislative changes at the EU level are indicative of global policy trends and legal challenges surrounding trade remedies law. Although TDI measures have always been a fiercely debated topic in international economic law, they have received increased attention in recent years. This book offers a comprehensive and insightful legal analysis of the recent legislative changes at the EU level and investigates TDIs in the context of regional trade relationships, including the United Kingdom in post-Brexit times. Beyond the EU, it examines the national trade defence law frameworks of important trading partners such as Switzerland, the United States, China and Vietnam.The selected contributions in this edited volume examine the recent trends in trade defence law from a legal and practical perspective and offer analytical insights from EU officials, legal practitioners and leading academics. A unique collection of essays in a changed global framework, this EYIEL Special Issue provides an up-to-date overview of the state of play of trade defence in the EU and around the globe.
Author: Pieter Van Vaerenbergh
Publisher: Springer Nature
ISBN: 3031381726
Category : Law
Languages : en
Pages : 233
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Book Description
This book explores the role of trade remedies in liberalising environmental trade and discouraging environmentally harmful trade. As trade remedies can pose a significant obstacle to environmental trade, this book outlines how trade negotiators can implement restrictions on the application of trade remedies on environmental goods. It also assesses whether and how investigating authorities can account for differences in environmental protection standards in trade remedy investigations and considers what a possible 'trade remedy' for environmental harm might look like. Although the book concludes that trade remedies will remain a trade instrument primarily driven by economic and competitiveness concerns, it demonstrates how environmental considerations can guide trade remedy policy, how investigating authorities can properly account for the environmental costs of production, and how the limited policy space available in the WTO Agreements on Trade Remedies can be used to pursue green policy goals.
Author: Wolfgang Weiß
Publisher: Springer Nature
ISBN: 3030345882
Category : Law
Languages : en
Pages : 281
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Book Description
This book explores how the European Union designs its trade policy to face the most recent challenges and to influence global policy issues. It provides with an interdisciplinary perspective, by combining legal, political, and economic approaches. It studies a broad set of trade instruments that are used by the EU in its trade policy, such as: trade agreements, multilateral initiatives, unilateral trade policies, as well as, internal market tools. Therefore, the contributions to this volume present the EU’s Trade Policy through different lenses providing a complex view of it.
Author: Herwig C. H. Hofmann
Publisher: Oxford University Press
ISBN: 0191091294
Category : Law
Languages : en
Pages : 892
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Book Description
This volume deals with the law governing the administrative implementation of European Union public policy. Much of this law is specific to individual policy sectors. The volume provides a study of such specialized admininstrative law for more than twenty sectors. This cross-sectoral approach allows for detailed comparisons of EU administration in diverse policy fields. It identifies situations where legal structures and approaches may be unnecessarily duplicated, thus indicating where a comprehensive, general system could be advantageous for both Union law and policy achievement. The comparative nature of the study also draws attention to policy fields which have proven to be testing grounds for approaches adopted subsequently in other areas. In addition, the work highlights the distinctive, highly networked, and strongly cooperative character of EU administration, as a reflection of, and a foundation for, the operative nature of the European Union as a whole.
Author: Helen Wallace
Publisher: Oxford University Press, USA
ISBN: 0199689679
Category : Political Science
Languages : en
Pages : 613
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Book Description
The policies of the European Union profoundly affect the lives of people in Europe and around the world. The new edition of this highly successful textbook outlines how and why such decisions are made, as well as the key challenges faced by policy-makers in the current political and economic climate.
Author: Adrian Smith
Publisher: Routledge
ISBN: 0429535775
Category : Political Science
Languages : en
Pages : 204
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Book Description
Exploring the contentious relationship between trade and labour, this book looks at the impact of the EU’s ‘new generation’ free trade agreements on workers. Drawing upon extensive original research, including over 200 interviews with key actors across the EU and its trading partners, it considers the effectiveness of the trade-labour linkage in an era of global value chains. The EU believes trade can work for all, claiming that labour provisions in its free trade agreements ensure that economic growth and high labour standards go hand-in-hand. Yet whether these actually make a difference to workers is strongly contested. This book explains why labour provisions have been profoundly limited in the EU’s agreements with the CARIFORUM group, South Korea and Moldova. It also shows how the provisions were mismatched with the most pressing workplace concerns in the key export industries of sugar, automobiles and clothing, and how these concerns were exacerbated by the agreements’ commercial provisions. This pioneering approach to studying the trade-labour linkage provides insights into key debates on the role of civil society in trade governance, the relationship between public and private labour regulation, and the progressive possibilities for trade policy in the twenty-first century. This book will appeal to research scholars, post-graduate students, trade policy practitioners, policy researchers allied to labour movements, and informed activists.
Author: Thilo Rensmann
Publisher: Oxford University Press
ISBN: 0192515152
Category : Law
Languages : en
Pages : 417
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Book Description
International economic law, with its traditional focus on large multinational enterprises, is only slowly waking up to the new reality of small and medium-sized enterprises (SMEs), entering the global marketplace. In the wake of the digital revolution, smaller companies now play an important role in the global economic landscape. In 2015 the UN expressly called for SMEs to have greater access to international trade and investment, and it is increasingly recognized that the integration of SMEs provides one of the keys to creating a more sustainable and inclusive global economy. As SMEs increasingly permeate transnational supply chains, so interactions between these companies and international economic law and policy proliferate. Small and Medium-sized Enterprises in International Economic Law offers the first comprehensive analysis of the interaction between SMEs and international economic law. This book presents a broad international perspective, gathering together contributions by leading experts from academia, legal practice, and international organizations. It opens up a field of enquiry into this so far unexplored dynamic and provide a touchstone for future debate. The analysis covers a broad spectrum of international trade and investment law focusing on issues of particular interest to SMEs, such as trade in services, government procurement, and trade facilitation. Diverse perspectives illuminate regional developments (in particular within the EU) and the implications of mega-regional free trade agreements. The essays also examine questions of legitimacy of global economic governance; in particular, concerns surrounding the threat posed to the interests of domestic SMEs by the growing liberalization of international trade and investment. These essays constitute essential reading for practitioners and academics seeking to navigate a previously neglected trend in international economic law.
