Download or read book Law and Practice of the Common Commercial Policy written by and published by BRILL. This book was released on 2020-12-15 with total page 660 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and Practice of the Common Commercial Policy provides a comprehensive analysis of the salient features of the European Union’s trade law and policy since the Treaty of Lisbon: legislation, case law, treaty making and institutional practice.
Download or read book The EU s Common Commercial Policy written by Manfred Elsig and published by Taylor & Francis. This book was released on 2017-07-05 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cover -- Half Title -- Dedication -- Title Page -- Copyright Page -- Table of Contents -- List of Figures and Tables -- Preface and Acknowledgements -- List of Abbreviations -- 1 Introduction -- 2 The Common Commercial Policy: Development and Operation -- 3 Theoretical Approaches to the Study of European Integration -- 4 Explaining Policy Processes and Policy Outcomes: an Institutionalist Framework for Analysis -- 5 Theorizing ECJ Decisions: the Legitimacy of External Economic Relations -- 6 Amsterdam - Theory and Empirics in IGCs -- 7 Theorizing International Bargains: the Seattle Ministerial Conference -- 8 Conclusion -- Bibliography -- Index
Download or read book How Exclusive a Competence is the Common Commercial Policy written by and published by GRIN Verlag. This book was released on 2024-06-12 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bachelor Thesis from the year 2012 in the subject Cultural Studies - European Studies, grade: 1,4, Maastricht University, language: English, abstract: This paper examines to what extent the EU member states (MS) were able to influence the EU’s role during the trade negotiations with South Africa and, thus, objected the exclusivity of the European Commission in the respective policy domain stipulated by Art. G(113(3)) TEU . The powerful position of the EU within the context of the TDCA negotiations presents a good opportunity to investigate the impact of the MS during this process. Hence, the first chapter outlines the concept of actorness coined by Jupille and Caporaso (1998) which serves as the analytical framework for this paper. The authors defined four aspects of the capacity of the Union to act which are applied to the EU in the field of study: recognition, authority, autonomy and cohesion. The second chapter presents a thorough analysis of the EU’s capacity to act on the bilateral level of trade negotiations, in particular the TDCA with South Africa. Here, special focus is placed on the involvement of the MS to evaluate the extent to which the Common Commercial Policy is dealt with by EU institutions exclusively. Lastly, the conclusion summarizes the findings allowing an assessment of the extent to which the legally prescribed sole decision power in the EU’s trade policy was in fact apparent in the process of negotiating the TDCA.
Download or read book Common Commercial Policy after Lisbon written by Marc Bungenberg and published by Springer Science & Business Media. This book was released on 2013-03-20 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the beginning of the process of European integration the EU Common Commercial Policy (CCP) has been one of the most dynamic political fields. The EU has achieved a leading role among the economic superpowers and is regarded as a single economic area in which the EU speaks also on behalf of its Member States for most aspects of external economic politics. This volume analyzes the implications of the Treaty of Lisbon for the Common Commercial Policy of the EU. The Lisbon Treaty has declared all matters concerning external commercial policy as exclusive competences of the EU. Which consequences does this have for the Member States of the EU? With regard to institutional modifications, the Lisbon Treaty has significantly strengthened the role of the European Parliament and has substantially changed the role of the ‘High Representative of the Union for Foreign Affairs and Security Policy’ (HR). Further topics of this volume are the new normative framework of the CCP, inter alia the linkage of the CCP to the general objectives for the EU’s external actions and its dependence on secondary legislation, as well as investment policy now being part of the CCP.
Download or read book How Exclusive a Competence is the Common Commercial Policy written by Anonymous and published by GRIN Verlag. This book was released on 2024-05-21 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bachelor Thesis from the year 2012 in the subject Cultural Studies - European Studies, grade: 1,4, Maastricht University, language: English, abstract: This paper examines to what extent the EU member states (MS) were able to influence the EU's role during the trade negotiations with South Africa and, thus, objected the exclusivity of the European Commission in the respective policy domain stipulated by Art. G(113(3)) TEU . The powerful position of the EU within the context of the TDCA negotiations presents a good opportunity to investigate the impact of the MS during this process. Hence, the first chapter outlines the concept of actorness coined by Jupille and Caporaso (1998) which serves as the analytical framework for this paper. The authors defined four aspects of the capacity of the Union to act which are applied to the EU in the field of study: recognition, authority, autonomy and cohesion. The second chapter presents a thorough analysis of the EU's capacity to act on the bilateral level of trade negotiations, in particular the TDCA with South Africa. Here, special focus is placed on the involvement of the MS to evaluate the extent to which the Common Commercial Policy is dealt with by EU institutions exclusively. Lastly, the conclusion summarizes the findings allowing an assessment of the extent to which the legally prescribed sole decision power in the EU's trade policy was in fact apparent in the process of negotiating the TDCA.
Download or read book The International Legal Responsibility of the European Union in the Context of the World Trade Organization in Areas of Non Conferred Competences written by Plarent Ruka and published by Springer. This book was released on 2017-05-11 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work focuses on the EU’s participation in the Dispute Settlement Proceedings (DSP) of the WTO for matters of non-conferred competences. The underlying thesis is that the joint membership of the EU and its Member States is fallacious, in that it could cause the EU to become responsible for violations of the WTO regulations on the part of the Member States. Such fallacies are rooted in the blurred nature of the distribution of powers in the EU polity.In order to tackle the issue of international responsibility, the analysis is based on the facts of a real-world case. Based on the tenets of public international law, the law of mixed agreements and the EU constitutional principles, the book puts forward a model for the EU’s participation in the DSP, and for the reallocation of burdens to the respective responsible entity. This proposition deconstructs the joint responsibility regime and endorses a solution that could address the issue of responsibility in mixed agreements without a declaration of powers.
Download or read book Competence Review Trade and Investment written by Michael Waibel and published by . This book was released on 2013 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Competence to conclude international investment agreements Exclusive to the European Union or vested in Member States written by Thomas Obersteiner and published by GRIN Verlag. This book was released on 2010-12-20 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt: Diploma Thesis from the year 2008 in the subject Law - European and International Law, Intellectual Properties, grade: Sehr Gut (Very Good), 1, University of Vienna (Institut für Europarecht, Internationales Recht und Rechtsvergleichung), course: Diploma-Seminar in European Union Law, language: English, abstract: The scope of the new Common Commercial Policy covers competence to conclude general obligations on the liberalization of capital transfer with relation to FDI and establishment. It is not limited to the market access phase. However, provisions concerning portfolio investment and minority participations in enterprises are not covered. It remains uncertain whether the new wording enables the EU to include policies to protect against expropriation and dispute-settlement clauses in its agreements. Although the Reform Treaty confers considerable competences to the EU, major parts of common Bilateral Investment Treaties do not fall within the scope of the new CCP. Hence, the Member States may continue to conclude their own specific agreements while the EU obtains more flexibility in negotiations and strengthens its position on the international scene. Additionally, the Lisbon Treaty slightly strengthens the power of the European Parliament.
Download or read book EU Trade and Investment Treaty Making Post Lisbon written by Gesa Kübek and published by Bloomsbury Publishing. This book was released on 2024-06-27 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers the first thorough legal analysis of the practice of mixity since the Lisbon Treaty, providing the perspectives of international, EU, and national law. It sets out a detailed theoretical understanding of mixity, the common commercial policy, and the recent case law of the EU Court of Justice. It assesses recent practice and current challenges, such as the non-ratification of mixed agreements, ensuring parliamentary participation in EU treaty-making, the new architecture for concluding EU trade and investment agreements, as well as the new trade agreement between the EU and the UK post-Brexit. In so doing, the author argues that in the field of trade and investment, mixity is no longer a procedural technique to overcome legal uncertainties about competence allocations between the EU and the Member States. Instead, mixity has become a deliberate substantive design choice. This brings a fresh and innovative perspective to a key tenet of EU external relations law.
Download or read book The Reform of the Common Commercial Policy written by Markus Krajewski and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The paper discusses the changes of the common commercial policy of the EU introduced by the Treaty of Lisbon of 2009 by focusing on principles and objectives, competences and institutions. It begins by situating the common commercial policy in the framework of the treaties and then moves to a discussion of the substantive and procedural reforms of the common commercial policy including the widening of the scope and the greater role of the European Parliament.
Download or read book Law and Practice of the Common Commercial Policy written by Michael Hahn and published by Studies in Eu External Relatio. This book was released on 2020-12-17 with total page 622 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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."
Download or read book Explaining Decisions in the European Union written by Arne Niemann and published by Cambridge University Press. This book was released on 2006-12-07 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explaining outcomes of decision-making at the European level has occupied scholars since the late 1950s, yet analysts continue to disagree on the most important factors in the process. In this book, Arne Niemann examines the interplay of the supranational, governmental and non-governmental actors involved in EU integration, along with the influence of domestic, supranational and international structures. The book restates and develops neofunctionalism as an approach for explaining decisions in the European Union and assesses the usefulness of the revised neofunctionalist framework on three case studies: the emergence and development of the PHARE programme, the reform of the Common Commercial Policy, and the communitarisation of visa, asylum and immigration policy. Niemann argues that this classic theory can be modified in such a way as to draw on a wider theoretical repertoire and that many micro-level concepts can sensibly be accommodated within his larger neofunctionalist framework.
Download or read book Member States Prior Agreements and Newly EU Attributed Competence written by Luca Pantaleo and published by . This book was released on 2015 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt: Among the many changes introduced by the Treaty of Lisbon, one of the most significant ones is the introduction of a new EU exclusive competence concerning foreign investment, as part of the common commercial policy. The exercise of such competence has given rise to several controversial issues, in particular as regards the status and the future of Member States Bilateral Investment Treaties (BITs) concluded before the attribution of this new competence to the EU. This article considers whether Member States BITs can be safeguarded by an application by analogy of Article 351 TFEU, in the same manner as pre-accession agreements. The analysis will include but extend beyond Regulation No. 1219/2012, which attempts to provide a sound legal regime of a transitory period only.
Download or read book The New EU Competence for Foreign Direct Investment Legal Questions of its Implementation written by Sebastien Meilinger and published by GRIN Verlag. This book was released on 2016-06-27 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2014 in the subject Law - European and International Law, Intellectual Properties, grade: 1,0 (A), Diplomatic Academy of Vienna - School of International Studies (International Law and EU Law), course: External Economic Relations and Foreign Policy of the European Union, language: English, abstract: The aim of this seminar paper will be to firstly give an overview of the role of investment treaties in general, followed by a retrospective on the legal situation of the foreign direct investments (FDI) prior the Treaty of Lisbon (TOL) and an analysis of the current legal framework. Based on primary and secondary sources, the scope of the Union’s exclusive FDI competence of Art. 206/207 TFEU will be inquired as well as questions of legal implementation centred on the issue of financial responsibility within ISDS. By addressing the legal status of the Bilateral Investment Treaties (BIT) concluded by MS the legal basis is set to analyse the Austrian Nigerian Agreement for the Promotion and Protection of Investment which was authorized by the Commission (COM)and concluded by the Republic of Austria in 2013. In this context it will be interesting to assess the potential for the template of this agreement to become a kind of EU-third country model BIT to be concluded by the Union and to which extent the content of the agreement would be covered by the Unions FDI competence. With the entering into force of the TOL the European Union was massively changed in order to take on the challenges that lie ahead in the future. Among many of those institutional changes, the powers of the Union in the field of investments have been enlarged, with FDI now being part of the Common Commercial Policy (CCP). The motivation for such a an empowerment is manifold, reaching from FDI attraction and facilitation both important for European economic growth, the establishment of a level playing field for investors, to the beneficial effect of an increased negotiation leverage. Four years have passed since the new FDI competence has been established and on the face of it not much has been achieved. Only one piece of regulation addressing questions of legal implementation has been adopted. Exclusive EU Free Trade Agreements (FTA) containing comprehensive investment provisions are still to be concluded. Nevertheless a lot of preparatory work has been conducted by the COM and the European Parliament (EP). Of course the academic debate regarding the scope of the competence is vivid as well as the other obstacles regarding the legal implementation, mainly in the field of Investor to State Dispute Settlement (ISDS).
Download or read book The Trade Policy of the European Union written by Sieglinde Gstöhl and published by Bloomsbury Publishing. This book was released on 2017-11-25 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive and clearly written textbook offers a long-awaited introduction to the trade policy of the European Union, the world's largest trading entity. Gstöhl and De Bièvre provide a comprehensive assessment of the common commercial policy, its relationship with other policies, like development policy, and of the EU's multi-level policy-making and international bargaining in this area. As well as providing a broad overview of the nature and development of the EU's trade policy, the authors analyse how relevant institutions and decision-making processes are organized and how this set-up fosters particular policy outcomes. Gstöhl and De Bièvre show how the thorough and critical study of EU trade policy can be conducted from an interdisciplinary viewpoint, enabling the student to tackle the ever-evolving political, economic, and legal questions that arise. Given the accessible writing, this book is recommended for both undergraduate and Master's students studying the EU and Europe in their Politics, International Relations, Economics or Law degrees, as well as those focusing on international trade policy.
Download or read book The Relations Between the Ec and International Organizations written by Rachel Frid and published by Martinus Nijhoff Publishers. This book was released on 1995-10-25 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: Samenvatting.
Download or read book EU Trade Law written by Rafael Leal-Arcas and published by Edward Elgar Publishing. This book was released on 2019 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive book provides a thorough analytical overview of the European Union’s existing law and policy in the field of international trade. Considering the history and context of the law’s evolution, it offers an adept examination of its common commercial policy competence through the years, starting with the Treaty of Rome up until the Treaty of Lisbon, as a background for understanding the EU’s present role in the World Trade Organization (WTO) framework.
