scholarly journals La Unión Europea y la Organización Mundial del Comercio: comenzando un diálogo proto-constitucional = The European Union and the World Trade Organization: a budding proto-constitutional dialogue

2017 ◽  
Vol 9 (2) ◽  
pp. 89
Author(s):  
Naiara Arriola Echaniz
Keyword(s):  
European Union ◽  
World Trade Organization ◽  
World Trade ◽  
Dispute Settlement ◽  
The European Union ◽  
European Union Law ◽  
The World ◽  
El Sistema ◽  
Dispute Settlement System ◽  
The Eu

Resumen: En el presente artículo se analiza la confluencia de ordenamientos jurídicos entre la OMC y la UE desde la perspectiva del sistema de fuentes del Derecho. Esta interconexión normativa ha derivado en disputas comerciales sobre las que se ha pronunciado no sólo el Sistema de Solución de Diferencias de la OMC sino el propio Tribunal de Justicia de la UE.Palabras clave: Derecho constitucional, sistema de fuentes, Derecho de la UE, Organización Mundial del Comercio, interconexión normativa.Abstract: The objective of this article is to analyze the conjunction of legal systems between the World Trade Organization and the European Union. This normative interconnection has caused dis-putes solved not only by the Dispute Settlement System within the WTO but also applied within the EU judicial system.Keywords: Constitutional Law, conflicts of norms, European Union Law, World Trade Organi-zation, normative interconnection.

scholarly journals Serbia in EU and WTO negotiations

Revizor ◽  
2020 ◽  
Vol 23 (91-92) ◽  
pp. 49-55
Author(s):  
Sanja Jelisavac-Trošić
Keyword(s):  
European Union ◽  
Literature Review ◽  
World Trade Organization ◽  
World Trade ◽  
The European Union ◽  
The World ◽  
The Republic ◽  
The Eu

This paper deals with the Republic of Serbia's accession to the World Trade Organization (WTO) and the European Union (EU). Research is based on a literature review, understanding of current settings in accession, and synthesis of findings. Within the scope of the paper, there was presented genesis of both accession processes and current challenges. Results show that the Republic of Serbia has both interconnected and interdependent negotiations with the EU and WTO, which should be considered for further accession steps as we present within this paper.

What’s in a Name? The Journey of Geographical Indications from Paris 1883 to Geneva 2015

2021 ◽  
Author(s):  
Muriel Lightbourne
Keyword(s):  
European Union ◽  
World Trade Organization ◽  
World Trade ◽  
Dispute Settlement ◽  
The United States ◽  
Geographical Indications ◽  
The European Union ◽  
Wto Dispute Settlement ◽  
The World ◽  
The Impact

Abstract While the negotiations on geographical indications within the World Trade Organization have been stalled since their inception in 1996, many new developments resulting from bilateral or regional endeavours may be observed in this field. The present article will first briefly retrace the evolution of the concept and recall the different entrenched positions within the World Trade Organization (WTO). It will then show the impact of WTO Dispute Settlement Body (DSB) reports on the European Union system and discuss the recent bilateral agreements between China and the European Union on one side, and the United States of America on the other. It will also look at the entry into force of the Geneva Act of the Lisbon Agreement on appellations of origin and geographical indications. Whether the latter will manage to bridge the divide between the countries that promote the sui generis model of protection of indications of origin and common law jurisdictions remains to be seen, as does the outcome of the discussions on geographical indications and place names within the Internet Corporation for Assigned Names and Numbers.

Lawful Remedy or Illegal Response? Resolving the Issue of Foreign Subsidization Under WTO Law

2021 ◽  
pp. 1-24
Author(s):  
Victor Crochet ◽  
Marcus Gustafsson
Keyword(s):  
European Union ◽  
World Trade Organization ◽  
World Trade ◽  
The European Union ◽  
Fair Competition ◽  
Trade Law ◽  
International Trade Law ◽  
The World ◽  
Shed Light ◽  
Do So

Abstract Discontentment is growing such that governments, and notably that of China, are increasingly providing subsidies to companies outside their jurisdiction, ‘buying their way’ into other countries’ markets and undermining fair competition therein as they do so. In response, the European Union recently published a proposal to tackle such foreign subsidization in its own market. This article asks whether foreign subsidies can instead be addressed under the existing rules of the World Trade Organization, and, if not, whether those rules allow States to take matters into their own hands and act unilaterally. The authors shed light on these issues and provide preliminary guidance on how to design a response to foreign subsidization which is consistent with international trade law.

Conclusion

2019 ◽  
pp. 312-332
Author(s):  
Sivan Shlomo Agon
Keyword(s):  
Comparative Analysis ◽  
World Trade Organization ◽  
World Trade ◽  
Dispute Settlement ◽  
Unintended Consequences ◽  
Institutional Changes ◽  
Wto Dispute Settlement ◽  
The World ◽  
International Adjudication ◽  
Dispute Settlement System

The present chapter concludes the work. It sums up the key findings of the study while discussing the results emerging from a comparative analysis of the three categories of disputes examined throughout the book. The chapter then revisits the central arguments put forth in the book and articulates the lessons to be learned for the study of the goals, operation, and effectiveness of the World Trade Organization (WTO) Dispute Settlement System (DSS), and of international courts more broadly. It also discusses some of the insights to be offered with respect to possible institutional changes or reforms of the WTO DSS, with a view to ensuring the system’s future effectiveness. The chapter closes with several observations that go beyond effectiveness, pertaining to the costs and unintended consequences attendant on more effective and empowered international adjudication.

scholarly journals The WTO, Self-Determination, and Multi-Jurisdictional Sovereignty

AJIL Unbound ◽  
2014 ◽  
Vol 108 ◽  
pp. 287-294
Author(s):  
Michael Fakhri
Keyword(s):  
European Union ◽  
World Trade ◽  
Indigenous Communities ◽  
Self Determination ◽  
The European Union ◽  
Most Favored Nation ◽  
Appellate Body ◽  
The World ◽  
Wto Appellate Body ◽  
The Eu

In EC—Seal Products, the World Trade Organization (WTO) Appellate Body (AB) held that the European Union (EU) Seal Regime banning the importation of seal products could be justified under General Agreement on Tariffs and Trade (GATT) Article XX(a) as a measure necessary toprotect public morals. It also held that the indigenous communities (IC) exception under the EU Seal Regime is inconsistent with GATT Article I:1 (Most-Favored Nation) because it discriminated against commercial fishers in Canada and Norway and was applied in a manner that favored the mostly Inuit seal hunters of Greenland, and thus ran afoul of Article XX’s chapeau. Since the entire EU Seal Regime is not likely to be done away with, the most important question for Inuit communities is: how will the EU change the discriminatory aspects of the Seal Regime and IC exception? The EU faces an October deadlineto pass its new legislation and this remains a very live issue.

scholarly journals SHELTERING GOVERNMENT SUPPORT TO ‘GREEN’ ELECTRICITY: THE EUROPEAN UNION AND THE WORLD TRADE ORGANIZATION

2018 ◽  
Vol 67 (1) ◽  
pp. 129-165 ◽  
Author(s):  
Gracia Marín Durán
Keyword(s):  
European Union ◽  
Renewable Energy ◽  
World Trade Organization ◽  
World Trade ◽  
Focal Point ◽  
Government Support ◽  
The European Union ◽  
Policy Space ◽  
The World ◽  
Institutional Contexts

AbstractSince the Canada – Renewable Energy (2013) dispute at the World Trade Organization (WTO), the WTO Agreement on Subsidies and Countervailing Measures (SCM) has been the focal point of academic debate on the trade-environment interface, with a growing consensus that WTO subsidy rules need to be revisited with a view to securing ‘policy space’ for government support for renewable energy. This article explores whether, as suggested by some scholars, the European Union (EU)’s system of justifications for renewable energy aid could serve as a source of inspiration for the WTO. While this proposition may appear attractive at first sight, it is hardly conceivable, or even desirable, that the EU's approach to sheltering government support for renewable energy could be transposed to the WTO. This is because the two systems of subsidy control are fundamentally different in both substantive and procedural terms and, importantly, these differences reflect distinct objectives and political/institutional contexts. Nonetheless, this comparative analysis sheds light on where the key challenges lie for the WTO in ensuring that international trade rules and climate change mitigation objectives are mutually supportive. It is argued that the case for reviewing the SCM Agreement cannot be made by simply forging parallels with the EU's regulatory model, but needs to be carefully construed on the basis of a proper understanding of whether and how green policy space is actually constrained under the current WTO subsidy and trade remedy rules. However, this requires better information on existing WTO members’ practice in relation to renewable energy subsidies, as well as on their environmental effectiveness and possible trade-distortive impact. In this sense, the most valuable lesson that the WTO can draw from the EU's regulatory experience is the imperative of improving the transparency and knowledge-enhancing elements of its subsidy control system.

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