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Book Towards Effective Regulatory Cooperation Under TTIP

Download or read book Towards Effective Regulatory Cooperation Under TTIP written by Richard W. Parker and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aim of this independent report commissioned by the EU Commission is to inform the EU-US Transatlantic Trade and Investment negotiations on enhanced regulatory coherence and cooperation. It provides negotiators, stakeholders and the public with a comparative overview of the US and EU legislative and regulatory processes in their current form, highlighting differences and similarities. Special emphasis is placed on impact assessment/cost benefit analysis, stakeholder consultations and international regulatory cooperation.

Book Regulatory Cooperation Under TTIP   A Risk for Democracy and National Regulation

Download or read book Regulatory Cooperation Under TTIP A Risk for Democracy and National Regulation written by Christiane Gerstetter and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study conducted by Ecologic Institute with support from the Heinrich Boell Foundation aims at providing factual background to the debate on regulatory cooperation within the Transatlantic Trade and Investment Partnership (TTIP). The study looks at whether fears are justified that regulatory cooperation could lead to lower levels of protection in the EU and the US and parliamentary processes being bypassed. In the discussions about the ongoing TTIP negotiations between the EU and the US, one of the central topics and a subject of great concern is regulatory cooperation. Regulatory cooperation is supposed to bring gains in efficiency and thus economic benefits. At the same time, the prospect of changes to standards, e.g. of environmental or consumer protection, raises concerns that regulation would be harmonised at the lowest common denominator or that existing levels of protection would be undermined. The authors provide an overview of existing models for achieving regulatory harmonisation, with a focus on mechanisms already used between the US and EU, in trade agreements with third countries, at the multilateral level with US and EU involvement, and some particularly far-reaching examples of regulatory cooperation. The study also contains a brief overview of regulatory processes within the US, the EU and Germany in order to clarify which affairs are normally decided in a parliamentary law and which are delegated to other entities like agencies or ministries. Finally, the concept of a Regulatory Cooperation Council, as proposed by the Commission for TTIP is discussed. Such a body would be tasked with initiative for improving regulatory consistency between the US and EU; the EU side would be represented by Commission officials. Low risk of undermining democratic decision-making processes in the EU through regulatory cooperation. The effect of any agreement on regulatory cooperation will depend on what precisely is agreed and how the agreement is implemented. However, the study concludes that the conditions for international regulatory cooperation are usually defined with a high degree of precision in formal legislations; for example, EU legislations contains rather well-defined requirements and procedures for the recognition of a decision taken in another jurisdiction as equivalent. Thus, the autonomous decision-making space of the Commission in implementing decisions taken in a Regulatory Cooperation Council or a similar institution would be very limited. In addition, the most ambitious tools of harmonization which could imply a lowering of the level of protection are rarely used in practice; many agreements concluded under the heading of mutual recognition give the Parties a lot of freedom to decide if products from another country are recognized as equivalent or not. The study concludes that there is a low risk that TTIP would create institutions, such as an EU-US Regulatory Cooperation Council, mandated to take decisions that could bypass national or EU legislative procedures or would lead to weakening these processes. Derisive shift in favor of trade interests. However the authors consider some aspects of the current EU proposals (link is external) for regulatory cooperation as problematic: This relates to a proposed requirement to assess future regulatory action with a view to its impact on trade as well as the idea to consult trade partners on EU legislative proposals at the stage before they are officially adopted and published. The Ecologic Institute's authors argue that such mechanisms in TTIP would unduly privilege trade interests over other interests such as environmental or consumer interests. The study also points to concerns over the democratic legitimacy of a too strong involvement of the executive in regulatory decision-making, in particular when certain stakeholders, notably business communities, are more heavily involved in such decision-making than others. This may also become a critical point for mechanisms for regulatory cooperation created under TTIP.

Book The TTIP As a Key Factor of Convergence Between US and EU Regulatory Models

Download or read book The TTIP As a Key Factor of Convergence Between US and EU Regulatory Models written by Valerio Turchini and published by . This book was released on 2016 with total page 15 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Transatlantic Trade and Investment Partnership represents a great chance to reduce or eliminate trade's barriers between the US and the EU. It is also a crucial opportunity to intensify the regulatory cooperation between the two biggest economic areas in the world. Its goal is to level out commercial standards and eliminate unnecessary regulatory differences. The main innovation from this point of view would be the institution of a permanent mechanism for future cooperation on all the regulatory measures that could produce transatlantic effects. Through the institution of a stable Regulatory Cooperation Body able to identify the areas in which to enforce the cooperation, the agreement would facilitate the exchange of regulatory experiences and principles between the parties. Overtaking harmonization and mutual recognition, this deal aims at establishing a permanent dialogue to prevent the emergence of regulatory differences. This paper tries to understand if the TTIP could be the first step towards the creation of a global regulatory network characterized by the implementation of good regulatory practices. Moreover, it is aimed at understanding how the treaty is going to impact the way the US and the EU make and think regulation.

Book Trade  the Precautionary Principle  and Post Modern Regulatory Process

Download or read book Trade the Precautionary Principle and Post Modern Regulatory Process written by Lucas Bergkamp and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Transatlantic Trade and Investment Partnership (“TTIP”) has been hailed as an opportunity for the world's two largest consumer markets to expand inter-regional trade, investment and jobs, and to secure greater regulatory convergence that could considerably reduce costly and market-distorting extra-territorial non-tariff regulatory trade barriers. This opportunity notwithstanding, Europe's precautionary principle (“PP”) has been identified as a potential obstacle to a successful TTIP outcome. In our view, the TTIP presents a significant opportunity for creating a process for regulatory cooperation, harmonization, and convergence. In this article, we focus on the PP and related differences in regulatory procedures. Specifically, we discuss the PP's relation to post-modernism, and its influence on EU regulatory procedure and science, highlighting the paradoxes inherent in the PP. To put these issues into perspective, we also review the 'reality of precaution.' In light of this analysis, we assess the effectiveness of the trading partners' attempts to reduce the regulatory divide, and explore what the EU and US can learn from each other. We then proceed to present some recommendations on how they should proceed in the TTIP negotiations.

Book TTIP and Regulation of Financial Markets

Download or read book TTIP and Regulation of Financial Markets written by and published by . This book was released on 2015 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt: Liberalisation of financial services is a controversial chapter in the negotiations towards a Transatlantic Trade and Investment Partnership (TTIP). The financial crisis raised concern that trade liberalisation could have an adverse effect on the regulatory power of sovereign states. This analysis illustrates that trade agreements have thus far been able to ensure the regulatory sovereignty of states; however, this independence has naturally resulted in some regulatory divergence. Discussions on regulatory cooperation within TTIP negotiations are a challenge to transatlantic relations, as the United States fears that such cooperation may dilute its own regulatory reforms.

Book Positive Integration   EU and WTO Approaches Towards the  Trade and  Debate

Download or read book Positive Integration EU and WTO Approaches Towards the Trade and Debate written by Rike Krämer-Hoppe and published by Springer Nature. This book was released on 2019-10-24 with total page 147 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a new framework for the 'trade and environment' debate and discusses the ways in which the EU and the WTO address this topic: positive, negative and non-integration. It analyses areas like food safety and renewable energy from the perspectives of legal and political science, and economics, and includes contributions focusing on various approaches, such as harmonisation, regulatory cooperation and judicialisation. In the 21st century, especially in our current times, where free trade and economic integration are increasingly being called into question, it is even more vital to find convincing normative answers and ways to address the very complex relationship between trade and environmental policies. Debunking some of the myths concerning positive and negative integration and the relationship between the two, this book is a valuable contribution to the debate on globalisation.

Book The New and Changing Transatlanticism

Download or read book The New and Changing Transatlanticism written by Laurie Buonanno and published by Routledge. This book was released on 2015-03-24 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union and the US are currently negotiating the Transatlantic Trade and Investment Partnership (TTIP), with potentially enormous economic gains for both partners. Experts from the European Union and the US explore not only the groundwork laid for TTIP under the "New Transatlanticism," but also the key variables – economic, cultural, institutional, and political – shaping transatlantic policy outcomes. Divided into four parts, Part I, consisting of three chapters, contextualizes the transatlantic relationship with an historical survey, contemporary foreign relations and policy, and cultural dynamics. Together, these chapters provide the background for understanding the evolving nature of the EU–US relationship. Part II of this volume focuses on governance and comprises two chapters – one on transatlantic governance and the other administrative culture. Part III consists of six policy chapters: competition, trade, transport, mobility regimes, financial services regulation, and GMOs. Part IV, consisting of three chapters, explores prospects and challenges associated with transatlanticism, including the TTIP. The last chapter concludes with lessons learned and future challenges with respect to policy convergence; the nature of the EU–US relationship; power, resources, and bargaining within the transatlantic partnership; and, an assessment of the future of deeper cooperation and integration. This insightful account into policy cooperation between the EU and the US is a welcomed resource for policy specialists oriented toward comparative public policy wishing to enter the arena of Transatlantic Studies.

Book Rule Makers or Rule Takers

Download or read book Rule Makers or Rule Takers written by Jacques Pelkmans and published by Rowman & Littlefield. This book was released on 2015-08-24 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Transatlantic Trade and Investment Partnership (TTIP) is an effort by the United States and the European Union to reposition themselves for a world of diffuse economic power and intensified global competition. It is a next-generation economic negotiation that breaks the mould of traditional trade agreements. At the heart of the ongoing talks is the question whether and in which areas the two major democratic actors in the global economy can address costly frictions generated by their deep commercial integration by aligning rules and other instruments. The aim is to reduce duplication in various ways in areas where levels of regulatory protection are equivalent as well as to foster wide-ranging regulatory cooperation and set a benchmark for high-quality global norms. In this volume, European and American experts explain the economic context of TTIP and its geopolitical implications, and then explore the challenges and consequences of US-EU negotiations across numerous sensitive areas, ranging from food safety and public procurement to economic and regulatory assessments of technical barriers to trade, automotive, chemicals, energy, services, investor-state dispute settlement mechanisms and regulatory cooperation. Their insights cut through the confusion and tremendous public controversies now swirling around TTIP, and help decision-makers understand how the United States and the European Union can remain rule-makers rather than rule-takers in a globalising world in which their relative influence is waning.

Book Mega Regional Trade Agreements

Download or read book Mega Regional Trade Agreements written by Thilo Rensmann and published by Springer. This book was released on 2017-07-20 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an in-depth analysis of "Mega-Regionals", the new generation of trans-regional free-trade agreements (FTAs) currently under negotiation, and their effect on the future of international economic law. The main focus centres on the EU-US Transatlantic Trade and Investment Partnership (TTIP), the Trans-Pacific Partnership (TPP) and the EU-Canada Comprehensive Economic and Trade Agreement (CETA), but the findings are also applicable to similar agreements under negotiation, such as the Regional Comprehensive Economic Partnership (RCEP).The specific features of Mega-Regional Trade Agreements raise a number of issues with respect to their potential effect on the current system of international trade and investment law. These include the consequences of Mega-Regionals for the most-favoured-nation (MFN) principle, their relation to the multilateral system of the World Trade Organization (WTO), their democratic legitimacy and their interaction with existing bilateral investment treaties (BITs).The book is intended for academics and practitioners working in the field of international economic law.

Book The New Politics of Trade

Download or read book The New Politics of Trade written by Alasdair R. Young and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Alasdair Young analyzes the Transatlantic Trade and Investment Partnership negotiations and explores why they have proved so difficult to conclude. He sheds light on the limits of transatlantic cooperation and teases out the implications for the UK in post-Brexit trade negotiations and for facing a more protectionist stance from the United States.

Book Megaregulation Contested

    Book Details:
  • Author : Benedict Kingsbury
  • Publisher : Oxford University Press
  • Release : 2019-06-06
  • ISBN : 0192559087
  • Pages : 704 pages

Download or read book Megaregulation Contested written by Benedict Kingsbury and published by Oxford University Press. This book was released on 2019-06-06 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Japan-led Trans-Pacific Partnership (CPTPPA) of 2018 is the most far-reaching 'megaregional' economic agreement in force, with several major countries beyond its eleven negotiating countries also interested. Still bearing the stamp of the original US involvement before the Trump-era reversal, TPP is the first instance of 'megaregulation': a demanding combination of inter-state economic ordering and national regulatory governance on a highly ambitious substantive and trans-regional scale. Its text and ambition have influenced other negotiations ranging from the Japan-EU Agreement (JEEPA) and the US-Mexico-Canada Agreement (USMCA) to the projected Pan-Asian Regional Comprehensive Economic Partnership (RCEP). This book provides an extensive analysis of TPP as a megaregulatory project for channelling and managing new pressures of globalization, and of core critical arguments made against economic megaregulation from standpoints of development, inequality, labour rights, environmental interests, corporate capture, and elite governance. Specialized chapters cover supply chains, digital economy, trade facilitation, intellectual property, currency levels, competition and state-owned enterprises, government procurement, investment, prescriptions for national regulation, and the TPP institutions. Country studies include detailed analyses of TPP-related politics and approaches in Japan, Mexico, Brazil, China, India, Indonesia, and Thailand. Contributors include leading practitioners and scholars in law, economics, and political science. At a time when the WTO and other global-scale institutions are struggling with economic nationalism and geopolitics, and bilateral and regional agreements are pressed by public disagreement and incompatibility with digital and capital and value chain flows, the megaregional ambition of TPP is increasingly important as a precedent requiring the close scrutiny this book presents.

Book The Democratisation of EU International Relations Through EU Law

Download or read book The Democratisation of EU International Relations Through EU Law written by Juan Santos Vara and published by Routledge. This book was released on 2018-07-27 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the entry into force of the Treaty of Lisbon, key improvements have occurred in the democratisation of EU international relations through the increased powers of the European Parliament. Nevertheless, a comprehensive legal analysis of the new developments in democratic control of EU external action has not yet been performed. This book aims to improve the understanding of the set of mechanisms through which democratic control is exerted over EU external action, in times of profound transformations of the legal and political architecture of the European integration process. It analyses the role of the Court of Justice in the democratisation of international relations through EU law, and further provides a legal overview of the role of the European Parliament in the conduct of the EU's international relations. In those areas where the powers of the Parliament have greatly increased the book aims to raise questions as to whether this enhanced position has contributed to a more consistent external action. At the same time, the book aims to contribute to the debate on judicial activism in connection with the democratisation of EU external action. It offers the reader a detailed and topical analysis of the recent developments in democratic control of external action which are of relevance in the daily practice of EU external relations lawyers, including the topic of mixed agreements This text will be of key interest to scholars and students working on EU external relations law, EU institutional law, European Union studies/politics, international relations, and more broadly to policy-makers and practitioners, particularly to those with an interest on the European Parliament and the Court of Justice of the European Union.

Book Framing Convergence with the Global Legal Order

Download or read book Framing Convergence with the Global Legal Order written by Elaine Fahey and published by Bloomsbury Publishing. This book was released on 2020-10-15 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: This interdisciplinary book explores the concept of convergence of the EU with the global legal order. It captures the actions, law-making and practice of the EU as a cutting-edge actor in the world promoting convergence 'against the grain'. In a dynamic 'twist' the book uses methodology to reflect upon some of the most dramatically changing dimensions of current global affairs. Questions explored include: who and what are the subjects and objects of convergence as to the EU and the world? How do 'court-centric' and less 'court-centric' approaches differ? Can we use political science and international relations as 'service tools'? Four key themes are probed: - framing EU convergence; - global trade against convergence; - the EU as the exceptional internationalist; and - positioning convergence through methodology.

Book Regulatory Autonomy in International Economic Law

Download or read book Regulatory Autonomy in International Economic Law written by Andrew D. Mitchell and published by Edward Elgar Publishing. This book was released on 2017-11-24 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: Regulatory Autonomy in International Economic Law provides the first extensive legal analysis of Australia’s trade and investment treaties in the context of their impact on national regulatory autonomy. This thought-provoking study offers compelling lessons for not only Australia but also countries around the globe in relation to pressing current problems, including the uncertain future of the World Trade Organization and widespread concerns about the legitimacy of investor–State dispute settlement.

Book Global Business Regulation

Download or read book Global Business Regulation written by John Braithwaite and published by Cambridge University Press. This book was released on 2000-02-13 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: How has the regulation of business shifted from national to global institutions? What are the mechanisms of globalization? Who are the key actors? What of democratic sovereignty? In which cases has globalization been successfully resisted? These questions are confronted across an amazing sweep of the critical areas of business regulation--from contract, intellectual property and corporations law, to trade, telecommunications, labor standards, drugs, food, transport and environment. This book examines the role played by global institutions such as the World Trade Organization, World Health Organization, the OECD, IMF, Moodys and the World Bank, as well as various NGOs and significant individuals. Incorporating both history and analysis, Global Business Regulation will become the standard reference for readers in business, law, politics, and international relations.

Book Regulatory Policy in Perspective A Reader s Companion to the OECD Regulatory Policy Outlook 2015

Download or read book Regulatory Policy in Perspective A Reader s Companion to the OECD Regulatory Policy Outlook 2015 written by OECD and published by OECD Publishing. This book was released on 2015-10-28 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume collects expert papers on: the trends and challenges of regulatory policy today; regulatory impact assessment; stakeholder engagement; and ex-post evaluation. These papers provide background material for the 2015 edition of the OECD Regulatory Policy Outlook.

Book Regulatory Capitalism

Download or read book Regulatory Capitalism written by John Braithwaite and published by Edward Elgar Publishing. This book was released on 2008 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this sprawling and ambitious book John Braithwaite successfully manages to link the contemporary dynamics of macro political economy to the dynamics of citizen engagement and organisational activism at the micro intestacies of governance practices. This is no mean feat and the logic works. . . Stephen Bell, The Australian Journal of Public Administration Everyone who is puzzled by modern regulocracy should read this book. Short and incisive, it represents the culmination of over twenty years work on the subject. It offers us a perceptive and wide-ranging perspective on the global development of regulatory capitalism and an important analysis of points of leverage for democrats and reformers. Christopher Hood, All Souls College, Oxford, UK It takes a great mind to produce a book that is indispensable for beginners and experts, theorists and policymakers alike. With characteristic clarity, admirable brevity, and his inimitable mix of description and prescription, John Braithwaite explains how corporations and states regulate each other in the complex global system dubbed regulatory capitalism. For Braithwaite aficionados, Regulatory Capitalism brings into focus the big picture created from years of meticulous research. For Braithwaite novices, it is a reading guide that cannot fail to inspire them to learn more. Carol A. Heimer, Northwestern University, US Reading Regulatory Capitalism is like opening your eyes. John Braithwaite brings together law, politics, and economics to give us a map and a vocabulary for the world we actually see all around us. He weaves together elements of over a decade of scholarship on the nature of the state, regulation, industrial organization, and intellectual property in an elegant, readable, and indispensable volume. Anne-Marie Slaughter, Princeton University, US Encyclopedic in scope, chock full of provocative even jarring claims, Regulatory Capitalism shows John Braithwaite at his transcendental best. Ian Ayres, Yale Law School, Yale University, US Contemporary societies have more vibrant markets than past ones. Yet they are more heavily populated by private and public regulators. This book explores the features of such a regulatory capitalism, its tendencies to be cyclically crisis-ridden, ritualistic and governed through networks. New ways of thinking about resultant policy challenges are developed. At the heart of this latest work by John Braithwaite lies the insight by David Levi-Faur and Jacint Jordana that the welfare state was succeeded in the 1970s by regulatory capitalism. The book argues that this has produced stronger markets, public regulation, private regulation and hybrid private/public regulation as well as new challenges such as a more cyclical quality to crises of market and governance failure, regulatory ritualism and markets in vice. However, regulatory capitalism also creates opportunities for better design of markets in virtue such as markets in continuous improvement, privatized enforcement of regulation, open source business models, regulatory pyramids with networked escalation and meta-governance of justice. Regulatory Capitalism will be warmly welcomed by regulatory scholars in political science, sociology, history, economics, business schools and law schools as well as regulatory bureaucrats, policy thinkers in government and law and society scholars.