scholarly journals Towards the Transatlantic Trade and Investment Partnership (TTIP) between the European Union and United States

2018 ◽  
pp. 83
Author(s):  
Zdzisław W. Puślecki
2018 ◽  
Vol 19 (3) ◽  
pp. 415-443 ◽  
Author(s):  
Ilaria Espa ◽  
Kateryna Holzer

Abstract In the context of the Transatlantic Trade and Investment Partnership (TTIP), the European Union (EU) has taken the lead in promoting the inclusion of a specific chapter on energy trade and investment in order to enhance energy security and promote renewable energy. Irrespective of the success of the TTIP negotiations, the EU proposal can contribute to developing multilateral rules on energy trade and investment. This is especially important given the increased number of energy disputes filed by the EU and the United States against other leading energy market players, including the BRICS. This article provides a normative analysis of the new rules proposed by the EU and reflects on potential responses of BRICS energy regulators. It argues that, while these rules are unlikely to immediately affect BRICS energy practices, they may eventually be ‘imported’ in BRICS domestic jurisdictions in order to promote renewable energy and attract investment in energy infrastructure.


Author(s):  
Pınar Bal

The goal of this paper is to analyze the possible effects of the Transatlantic Trade and Investment Partnership (TTIP) Agreement aimed to be signed between the European Union and the United States by the end of 2015. The TTIP is expected to have important social, economic and political benefits for the European Union and the United States. In this respect, following a short description of the TTIP, the possible effects of this agreement on the European Union, the United States as well as on world trade will be described. The effects of such an agreement on Turkey will also be examined both with respect to Turkey’s already existing relations with the European Union and the United States. In parallel with these, the advantages and disadvantages of the existing Customs Union Agreement between Turkey and the European Union will be evaluated with respect to the TTIP. Based on this analysis, some policy alternatives for Turkey will be proposed that might help Turkey to overcome the current disadvantages that will result from the TTIP and that might strengthen its trade relations with both the European Union and the United States by transforming those disadvantages into advantages.


2018 ◽  
Vol 19 (3) ◽  
pp. 444-474
Author(s):  
Beatriz Barreiro Carril

Abstract Cultural products were a problematic issue in the negotiations of the Transatlantic Trade and Investment Partnership (TTIP). The maintenance of the cultural exception – the exclusion of audiovisual products from some trade rules – was at stake at the beginning of the negotiations. The Europeans argued for the exception, while the United States were more interested in the liberalization of web-based cultural products than in the liberalization of traditional ones. Since the TTIP aimed to remove obstacles not only between European and American markets but also to set out global regulatory rules, China took a keen interest in the negotiations. This article shows how China is acting in the international legal sphere in order to improve its power in the field of cultural products and the effects of this on transatlantic negotiations. It also suggests some actions the European Union can take in order to defend its position in future negotiations.


2016 ◽  
Vol 5 (2) ◽  
pp. 315-340 ◽  
Author(s):  
Christian Pitschas

Abstract The European Union (EU) and the United States are currently negotiating a free-trade agreement, the so-called Transatlantic Trade and Investment Partnership (TTIP). These negotiations have to be seen in perspective, since a number of other - bilateral and plurilateral - trade deals are being pursued at the same time. All these negotiations point to a worrisome aspect: the World Trade Organisation’s failure to come to a meaningful agreement in the Doha-round negotiations, in terms of market access, new rules and development. Like the Trans-Pacific Partnership (TPP), TTIP would stand out among the crowd of trade agreements because of the sheer volume of trade and investment flows across the Atlantic and the declared intention to boost regulatory cooperation and compatibility which is expected to bring the bulk of TTIP’s economic benefits. However, the prospect of concluding such a transatlantic agreement raises many concerns; the public in the European Union and the United States fears that TTIP could undermine existing levels of protection in areas such as health and the environment and impinge on either side’s “right to regulate”. Moreover, questions are being posed as to what TTIP would mean for the multilateral trading system and how it would affect third countries, especially developing countries. Against this backdrop, this article addresses the following issues in relation to TTIP: the vision underlying the negotiations; the European Commission’s negotiating mandate; the structure of the negotiations and their state of play; the Union’s competence for concluding TTIP and whether it is shared with EU Member States; and finally TTIP’s impact on the multilateral trading system and developing countries.


2017 ◽  
Vol 3 (1) ◽  
pp. 81-87
Author(s):  
Oleh Ożarowski

The Transatlantic Trade and Investment Partnership (TTIP) is a major trade pact created to further integration of the EU and US economies. In today’s low-tariff reality, the agreement concentrates on eliminating nontariff trade barriers between the states, such as the differing standards in the European union and in the United States for given consumer goods and services. Unfortunately, a number of barriers threaten ratification. The agreement remains far from implementation and it is hard to measure how the two sides would benefit from it equally.


2017 ◽  
Vol 20 (3) ◽  
pp. 25-39
Author(s):  
Janina Witkowska

The Transatlantic Trade and Investment Partnership (TTIP) is a controversial subject, but at the same time it is perceived to be the most comprehensive international agreement on free trade and investment protection. Among the topics that evoke criticism on the part of different social groups is the investor‑state dispute‑settlement (ISDS), as well as its legal consequences for the EU Member states. A less discussed issue is the potential implications of the agreement on the state of economic co‑operation between the European Union and the USA in the field of investment flows, with special reference to foreign direct investment (FDI). The aim of this paper is to present the discussion related to the ISDS and examine some of the economic, political and legal implications of TTIP provisions for FDI flows between the EU and the USA. The proposals of the European Commission to change the investment protection system might be treated as an attempt to make the system of arbitrage more transparent and convincing to societies, and safer for states. The effects of the TTIP agreement for FDI between both partners might be dependent on the scale of trade creation and diversion effects, and the mirror effects of investment creation and diversion under a free trade area.


Author(s):  
Szilárd Gáspár-Szilágyi

This article critically assesses the feasibility of the recently proposed Investment Court System (ICS) under the envisaged Transatlantic Trade and Investment Partnership (TTIP), from the perspective of the Court of Justice of the European Union (CJEU). It is argued that an ex ante assessment of the ICS by the CJEU would likely result in several incompatibilities between the ICS and EU law, since insufficient safeguards exist guaranteeing that the ICS will not interfere with EU fundamental rights and the CJEU’s exclusive jurisdiction to deliver binding interpretations of EU law. Moreover, it is not yet certain whether an incompatibility exists with Article 344 TFEU or with substantive EU values. Furthermore, no preliminary reference mechanism is envisaged with a binding ruling of the CJEU and even if such a system were included, it is uncertain whether the ICS could refer a question to the CJEU.


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