Standards as Transatlantic Trade Barriers: Is There a Future for EU-US Regulatory Cooperation?

2019 ◽  
Author(s):  
Iulianna Romanchyshyna
Keyword(s):  
Trade Barriers ◽  
Transatlantic Trade ◽  
Regulatory Cooperation

scholarly journals Making transnational markets: the institutional politics behind the TTIP

2017 ◽  
Author(s):  
Bartl Marija
Keyword(s):  
Market Integration ◽  
Analytical Framework ◽  
Executive Branch ◽  
The State ◽  
Political Struggle ◽  
Institutional Dynamics ◽  
Transatlantic Trade ◽  
Regulatory Cooperation ◽  
Regulatory Culture ◽  
The Eu

The Transatlantic Trade and Investment Partnership (TTIP) may not bear fruit in its current incarnation, but it certainly teaches us crucial lessons regarding the institutional dynamics of market integration beyond the state. I argue that the TTIP’s so-called ‘regulatory cooperation’, in principle a mere mechanism for ‘discussion’ and ‘exchange’ between regulators, would have had a profound impact on the regulatory culture across the Atlantic. I make this argument in three interrelated steps. First, building on insights from constitutional law and political science, I outline an analytical framework for the study of rule-making institutions beyond the state. Second, I analyse the TTIP through the lens of this framework, illustrating the mechanisms through which its model for regulatory cooperation could reform the regulatory culture in the EU. Third, I argue that this change in the EU regulatory culture would have been neither an accident, nor a result of a US-led hegemonic project. Instead, the TTIP’s regulatory cooperation is a part of the EU’s internal political struggle, intended ultimately to re-balance not only powers between the legislative and the executive in the EU, but also within the EU’s executive branch itself.

scholarly journals TRANSATLANTIC INTEGRATION AND DEVELOPED COUNTRIES COMPETITIVENESS PROBLEMS

2016 ◽  
pp. 249-257
Author(s):  
A. A. Sidorov
Keyword(s):  
Mutual Recognition ◽  
Developed Countries ◽  
High Tech ◽  
Transatlantic Trade ◽  
Regulatory Cooperation ◽  
The Usa ◽  
History Of ◽  
Tariff Liberalization ◽  
General Business ◽  
The Eu

Factors and possible consequences of transatlantic integration are elaborated in the article. An overview of the history of transatlantic cooperation is provided. The author highlights the paramount goal of Transatlantic Trade and Investment Partnership (TTIP) - strengthening the positions of its parties in the world economy against the backdrop of global competition. Stalemate in Doha round of WTO trade negotiations as well as depressed state of the European economy also contributed to transatlantic integration. Validity of the EU Commission conclusion on TTIP benefits is examined. Results of TTIP econometric modelling are critically assessed. Problems of the EU-US non-tariff liberalization are analyzed. Efficiency of the EU and US labor markets is compared. Low competitiveness of the EU in comparison to the USA and underlying risks for TTIP economic growth and employment are outlined. High unemployment, difficulties of manufacturing (including high-tech industries thereof) recovery, adverse general business situation in the EU are among such risks. Various modes of regulatory cooperation and possibility of their adoption in TTIP are considered. Harmonization, erga omnes mutual recognition of regulations, bilateral mutual recognition of regulations, mutual recognition of conformity testing are distinguished. Possible implications of the modes of regulatory cooperation on TTIP members competitiveness, competition with emerging economies and global standard setting are examined. Conflict of TTIP goals and motivations is revealed. The existence of economic factors of transatlantic integration as well as overestimation of TTIP benefits (primarily for the EU economy) is concluded.

scholarly journals (Possible) impact of CETA on creation of law

2017 ◽  
Vol 1 (1) ◽  
pp. 125-132
Author(s):  
Ondrej Blažo
Keyword(s):  
Future Development ◽  
Trade Barriers ◽  
Focal Points ◽  
Legal Regime ◽  
Regulatory Cooperation ◽  
Phytosanitary Measures ◽  
The Eu

The paper brings an analysis, and possible solutions, regarding “threats” to regulatory sovereignty of the parties to the CETA. Hence technical trade barriers, sanitary and phytosanitary measures, regulatory cooperation, liberalization of services and protection of investors are focal points for estimating future development of legal regime in both the EU and Canada. The analysis assesses only “possible” impact of the CETA because it will be subject to ratification and the outcome of this process is insecure.

Two Continents, Divided by Deep Philosophical Waters?

2016 ◽  
Vol 7 (2) ◽  
pp. 269-273 ◽  
Author(s):  
Benjamin Farrand
Keyword(s):  
Geographical Origin ◽  
Trade Regulation ◽  
Interesting Insight ◽  
Transatlantic Trade ◽  
Regulatory Cooperation ◽  
Different Dimensions ◽  
Trade And Investment ◽  
Insight Into ◽  
The Eu

The May 2016 leak of draft texts produced within the context of the on–going Transatlantic Trade and Investment Partnership negotiations has provided an interesting insight into the positions of the EU and US with regard to different dimensions of regulatory cooperation, with some chapters being complete or near completion (as other articles in this mini–symposium discuss), and others still in a more rudimentary format. One such field of regulation, covered in the leaked ‘Tactical State of Play’ document, covers geographical indicators (hereafter GIs). However, this coverage is very brief, stating that ‘discussions focused on the preparation of an intersessional discussion prior to the next round’. GIs, marks identifying the geographical origin, and by extension (so the argument goes) quality of goods, have continued to be a source of consternation in international trade regulation, with states unable to see eye–to–eye on how they should be protected, if at all.

SME Provisions in Trade Agreements and the Case of TTIP

2017 ◽  
Author(s):  
Martina Lodrant ◽  
Lucian Cernat
Keyword(s):  
Trade Agreements ◽  
Trade Barriers ◽  
Comprehensive Overview ◽  
Great Opportunity ◽  
Trade Facilitation ◽  
Trade Performance ◽  
Transatlantic Trade ◽  
Trade And Investment ◽  
The Eu

Recent evidence has highlighted that small and medium-sized enterprises (SMEs) are more important for EU trade performance than previously thought. They already account for over 80 per cent of exporting enterprises and a third of direct EU exports. Yet, much untapped potential still exists, if trade barriers affecting SMEs could be reduced. The EU–US negotiations on the Transatlantic Trade and Investment Partnership (TTIP) offer a great opportunity for existing and potential SME exporters to expand their business across the Atlantic. This chapter examines the role of trade agreements in tackling the constraints on SME exports, focusing particularly on the relevance of provisions specific to SMEs. It offers a comprehensive overview of SME-specific provisions in existing EU and US trade agreements. Finally, a number of policy areas are identified where new SME-specific provisions (eg trade facilitation, services, procurement, transparency, etc) could be considered by TTIP negotiators.

Regulatory coherence in the transatlantic trade and investment partnership agreement: the case of chemicals

elni Review ◽  
2014 ◽  
pp. 39-43
Author(s):  
Vito A. Bounsante
Keyword(s):  
The United States ◽  
The European Union ◽  
Transatlantic Trade ◽  
Regulatory Cooperation ◽  
Chemicals Regulation ◽  
Partnership Agreement ◽  
The One ◽  
The Right ◽  
High Level ◽  
Trade And Investment

The beginning of the negotiations for a trade and investment partnership agreement between the European Union and the United States of America was announced in February 2014 by the US president Barack Obama. Unlike traditional trade agreements the TTIP aims to include a “regulatory cluster” in the form of a regulatory coherence annex that should include procedures to minimize differences in regulation. However, the regulatory coherence chapter, according to the negotiators on both sides, will not impair each parties’ right to regulate. Therefore, diverging regulations will be allowed in order to protect health, safety, consumer, workers and the environment. Finally, the negotiators also state that no changes will be made to existing regulations. It seems apparent that these two objectives – coherence and the right to regulate, – are in stark contrast with each other. On the one hand, there is the goal to avoid and eliminate trade barriers; on the other hand, the high level of protection of EU citizens should not be undermined; in addition, no change in basic regulations is foreseen. This article outlines some difficulties in seeking regulatory coherence chapter whilst at the same time maintaining the right to choose different levels of protections. After discussing the problem of lack of transparency in the negotiations, the article focuses on the implications of regulatory cooperation for health and environmental legislation. In particular this article focuses on the case of the chemicals regulation for which discussions have advanced more in the negotiations thus far and for which there are wide differences in terms of regulations.

Regulatory Cooperation in the Transatlantic Trade and Investment Partnership ttip – Thrill or Threat for the Environment?

2016 ◽  
Vol 13 (3-4) ◽  
pp. 350-374
Author(s):  
Christian Calliess ◽  
Miriam Dross
Keyword(s):  
European Law ◽  
Technical Issue ◽  
Regulatory Issues ◽  
Trade Law ◽  
International Trade Law ◽  
Transatlantic Trade ◽  
Regulatory Cooperation ◽  
High Level ◽  
Trade And Investment ◽  
Environmental Relevance

By means of regulatory cooperation, ttip is to increase the depth of cooperation between the eu and the usa on regulatory issues. This article sketches out the envisioned regulatory cooperation as far as this is possible based on the eu negotiating texts and assesses it from an environmental perspective. In this perspective particular attention need to be paid to differences in the stringency of regulation of sectors of environmental relevance (e.g. food, chemicals and cosmetics) in the us and the eu. As a result, adverse environmental impacts can only be avoided if harmonization takes place at a high level. Sub-statutory regulations and private sector standardization such as iso standards may also be of considerable environmental relevance. The example of manipulated vehicle emissions of nitrogen oxides shows how important even the apparently technical issue of effective verification of exhaust emissions can be for environmental protection. The criteria used to assess risks and deal with uncertainties are highly relevant. The precautionary principle embodied in German and European law can be found neither in us nor in international trade law. In should remain a part of ttip (and more prominently so) and not be sacrificed in last minute negotiations.

scholarly journals Advantages and threats of the Transatlantic Trade and Investment Partnership (TTIP)

2017 ◽  
Vol 3 (1) ◽  
pp. 81-87
Author(s):  
Oleh Ożarowski
Keyword(s):  
United States ◽  
European Union ◽  
The United States ◽  
Trade Barriers ◽  
The European Union ◽  
Goods And Services ◽  
Transatlantic Trade ◽  
Two Sides ◽  
Trade And Investment ◽  
The Eu

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.

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