41

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International trade [What Think Tanks are thinking]

13-09-2019

The escalating trade conflict between the United States (US) and China has dampened economic growth in the European Union and other regions of the world, analysts say, and poses a further question mark over the continuity of the post-Cold War rules-based order. The EU is seeking to position itself as a defender of the multilateral rules-based system in the context of growing economic nationalism. The EU will need to coordinate closely its trade and climate policies, and think clearly about how best ...

The escalating trade conflict between the United States (US) and China has dampened economic growth in the European Union and other regions of the world, analysts say, and poses a further question mark over the continuity of the post-Cold War rules-based order. The EU is seeking to position itself as a defender of the multilateral rules-based system in the context of growing economic nationalism. The EU will need to coordinate closely its trade and climate policies, and think clearly about how best to defend its economic interests in the challenging new geopolitical environment facing the incoming European Commission. This note offers links to a series of recent commentaries and reports from major international think tanks and research institutes on international trade policy. More reports on trade can be found in a previous edition of 'What Think Tanks are thinking' published in June 2018.

EU challenges at a time of transition [What Think Tanks are thinking]

06-09-2019

The European Union faces numerous challenges, both short and long-term, as it prepares to choose the new executive, a European Commission for the next five years, following elections to the European Parliament in May 2019. The most immediate task is for European Commission President-elect, Ursula von der Leyen, to put together a college of Commissioners and secure its approval by the European Parliament. The EU is also engaged in difficult talks on the terms of the United Kingdom’s withdrawal from ...

The European Union faces numerous challenges, both short and long-term, as it prepares to choose the new executive, a European Commission for the next five years, following elections to the European Parliament in May 2019. The most immediate task is for European Commission President-elect, Ursula von der Leyen, to put together a college of Commissioners and secure its approval by the European Parliament. The EU is also engaged in difficult talks on the terms of the United Kingdom’s withdrawal from the EU, currently due on 31 October. On the economic front, the EU needs to deal with the fallout of a trade conflict between the United States and China, and to boost its competitiveness, as the two other global powerhouses swiftly pursue the digitalisation of their economies. In the face of political volatility in the US, Europe should also consider enhancing its defence capabilities. Last, but not least, the Union must deliver on its pledge to remain the world’s leader in efforts to fight climate change. This note brings together recent commentaries, analyses and studies by major international think tanks and research institutes on challenges facing the EU. More papers analysing the outcome of the European Elections can be found in a previous edition of ‘What Think Tanks are Thinking’, published in July.

Balanced and fairer world trade defence: EU, US and WTO perspectives

29-05-2019

This workshop of the Committee on International Trade discussed recent developments in trade defence legislation and practice from the perspectives of the EU, the USA and the WTO. A set of trade defence rules have been agreed in the framework of the World Trade Organisation (WTO), in particular on anti-dumping, anti-subsidies and safeguards. The WTO also provides a dispute settlement system for cases brought forward by its members. The EU has recently adopted two sets of new legislation on Trade ...

This workshop of the Committee on International Trade discussed recent developments in trade defence legislation and practice from the perspectives of the EU, the USA and the WTO. A set of trade defence rules have been agreed in the framework of the World Trade Organisation (WTO), in particular on anti-dumping, anti-subsidies and safeguards. The WTO also provides a dispute settlement system for cases brought forward by its members. The EU has recently adopted two sets of new legislation on Trade Defence Instruments (TDI), known as ‘TDI methodology’ and ‘TDI modernisation’. These new rules aim at enhancing the EU’s trade defence, without deviating from its commitment to an open economic environment set in an international rules based order. The US has its own rules and practice for trade defence and continues to distinguish between countries having a market economy and those who don’t - a difference abandoned by the EU in its latest reform. Moreover, the Trump Administration has imposed many new tariffs on foreign imports, often based on the national security exception provided by the WTO - a justification contested by most of the countries targeted. Furthermore, the US expressed concerns about the system of dispute settlement in the WTO, blocking nominations to its Appellate Body. Experts gave their views on whether all these recent developments are contributing to an international trade defence regime that is ‘fair’ and ‘balanced’, taking into account the different perspectives.

Külső szerző

Erdal YALCIN, Hannes WELGE, André SAPIR, Petros C. MAVROIDIS

EU investment protection after the ECJ Opinion on Singapore: Questions of competence and coherence

25-03-2019

Investment protection continues to be a controversial issue, as shown in particular during the negotiations on the EU-US Transatlantic Trade and Investment Partnership (TTIP) and the EU-Canada Comprehensive Economic and Trade Agreement (CETA). To address stakeholder concerns, the EU has moved from traditional investor-state dispute settlement arrangements towards introducing bilateral investment court systems in new agreements and pursuing the goal of establishing a permanent multilateral investment ...

Investment protection continues to be a controversial issue, as shown in particular during the negotiations on the EU-US Transatlantic Trade and Investment Partnership (TTIP) and the EU-Canada Comprehensive Economic and Trade Agreement (CETA). To address stakeholder concerns, the EU has moved from traditional investor-state dispute settlement arrangements towards introducing bilateral investment court systems in new agreements and pursuing the goal of establishing a permanent multilateral investment court. At the same time, the European Court of Justice defined the limits of the Union’s exclusive competence in its opinion of 16 May 2017 with regard to the EU-Singapore Free Trade Agreement (FTA), which has led to the splitting of new FTAs into two parts, treating investment protection separately. Adding to the complex picture, a plethora of EU Member States’ bilateral investment treaties also remain in place. The workshop held by the Committee on International Trade took stock of existing EU investment protection provisions and analysed the options for a coherent and predictable dispute settlement system in line with the EU Treaties.

Külső szerző

Prof. Dr. Steffen HINDELANG, LL.M., Department of Law, University of Southern Denmark, and Dr. Jurgita BAUR, Germany; and Prof. Dr. Stephan SCHILL, LL.M., Amsterdam Center for International Law, University of Amsterdam, the Netherlands

US duties on imports of Spanish ripe olives

06-03-2019

In January 2019, the European Union (EU) launched a case before the World Trade Organization (WTO) against the United States (US) challenging duties on imports of Spanish ripe olives, definitively in place since July 2018. US authorities have concluded that certain EU support measures for Spanish olive producers under the common agricultural policy (CAP) are contrary to WTO rules and can be countervailed. Given the importance of such support for EU farmers, the US measures could have far-reaching ...

In January 2019, the European Union (EU) launched a case before the World Trade Organization (WTO) against the United States (US) challenging duties on imports of Spanish ripe olives, definitively in place since July 2018. US authorities have concluded that certain EU support measures for Spanish olive producers under the common agricultural policy (CAP) are contrary to WTO rules and can be countervailed. Given the importance of such support for EU farmers, the US measures could have far-reaching consequences for the EU's agricultural model and set precedents in the WTO.

Expedited settlement of commercial disputes

05-12-2018

The value of cross-border civil litigation is estimated at €7.7 billion annually. However, enforcing cross-border commercial contracts in national courts is cumbersome due to often protracted civil proceedings and divergences in national procedural rules. The Legal Affairs Committee suggests to remedy this by creating a European expedited civil procedure, and possibly even establishing a European commercial court. The committee’s legislative-initiative report is due to be debated during the December ...

The value of cross-border civil litigation is estimated at €7.7 billion annually. However, enforcing cross-border commercial contracts in national courts is cumbersome due to often protracted civil proceedings and divergences in national procedural rules. The Legal Affairs Committee suggests to remedy this by creating a European expedited civil procedure, and possibly even establishing a European commercial court. The committee’s legislative-initiative report is due to be debated during the December plenary session.

Expedited settlement of commercial disputes in the European Union

05-12-2018

The EU legal services market is the second largest in the world. Commercial, business to business (B2B) litigation is one of the largest segments of the legal services market. The EU measures on choice of law, choice of forum and enforcement proved to be successful in supporting EU competitiveness. However, to enhance competitiveness of the EU litigation market and ensure further growth, a set of EU measures to simplify and expedite settlement of commercial disputes is needed. The EU measures should ...

The EU legal services market is the second largest in the world. Commercial, business to business (B2B) litigation is one of the largest segments of the legal services market. The EU measures on choice of law, choice of forum and enforcement proved to be successful in supporting EU competitiveness. However, to enhance competitiveness of the EU litigation market and ensure further growth, a set of EU measures to simplify and expedite settlement of commercial disputes is needed. The EU measures should focus on the enhancement of procedural efficiency, among other things, by taking action to reduce length of procedure. The 2018 European Added Value Assessment (EAVA) suggests that the EU actions to expedite settlement of commercial disputes could generate European added value for the EU economy and businesses in the range of 4.6 to 5.7 billion EUR annually. The European added value can be created through increase in direct contribution of litigation services revenues to the EU economy and through reduction of opportunity costs to business associated with length of judicial proceedings.

The G20 Summit in Buenos Aires

29-11-2018

On 30 November and 1 December 2018, Argentina hosts the 13th Group of Twenty (G20) summit. This is the first time that a G20 summit is being hosted by a South American country, coinciding with the 10th anniversary of the consolidation of the G20 at leader level following the 2008 summit in Washington. Main challenges will include achieving consensus on climate and trade, with US-China relations being a decisive factor in the latter.

On 30 November and 1 December 2018, Argentina hosts the 13th Group of Twenty (G20) summit. This is the first time that a G20 summit is being hosted by a South American country, coinciding with the 10th anniversary of the consolidation of the G20 at leader level following the 2008 summit in Washington. Main challenges will include achieving consensus on climate and trade, with US-China relations being a decisive factor in the latter.

A Ten-Year-Long “EU Mediation Paradox”- When an EU Directive Needs To Be More …Directive

21-11-2018

Ten years since its adoption, the EU Mediation Directive remains very far from reaching its stated goals. This briefing summarises the main achievements and failures in the implementation at national level. In addition, it assesses the conclusions of previous research and of the European Parliament's resolution on the implmentation of the Mediation Directive.

Ten years since its adoption, the EU Mediation Directive remains very far from reaching its stated goals. This briefing summarises the main achievements and failures in the implementation at national level. In addition, it assesses the conclusions of previous research and of the European Parliament's resolution on the implmentation of the Mediation Directive.

Külső szerző

Giuseppe De Palo, Professor of Alternative Dispute Resolution Law and Practice at Mitchell Hamline School of Law, St Paul, U.S.A

COLLECTIVE REDRESS IN THE MEMBER STATES OF THE EUROPEAN UNION

03-10-2018

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Legal Affairs, aims to assess the current state of play of collective redress at national and European levels, evaluate the opportunity of a European intervention in the matter and provide the European Parliament with concrete recommendations. Both the assessment and the recommendations have been drafted keeping in mind the essential issue raised ...

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Legal Affairs, aims to assess the current state of play of collective redress at national and European levels, evaluate the opportunity of a European intervention in the matter and provide the European Parliament with concrete recommendations. Both the assessment and the recommendations have been drafted keeping in mind the essential issue raised by collective redress: access to justice. This principle, which is essential in a Union enforcing the rule of law, is currently challenged by the existing divergences. As such the creation of harmonised collective redress mechanism is becoming an increasingly pressing matter.

Külső szerző

Rafael AMARO, Associate Professor at the University Paris-Descartes, France Maria José AZAR-BAUD, Associate Professor at Paris-Sud University, France Sabine CORNELOUP, Professor at the University Paris II Panthéon-Assas, France Bénédicte FAUVARQUE-COSSON, Professor at the University Paris II Panthéon-Assas, France Fabienne JAULT-SESEKE, Professor at the University of Versailles-Saint-Quentin-en-Yvelines, France

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