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Global Trade, Labour Rights and International Law
  • Language: en
  • Pages: 181

Global Trade, Labour Rights and International Law

  • Type: Book
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  • Published: 2021-06-21
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  • Publisher: Routledge

This book provides a set of proposals for how best to guarantee effective enforcement of labour rights worldwide. The linkage between labour standards and global trade has been recurrent for some 200 years. At a time when the world is struggling to find a way out of crisis and is striving for economic growth, more than ever there is a need for up-to-date research on how to protect and promote labour rights in the global economy. This book explores the history of the field and also provides an overview of emerging trends and opportunities. It discusses the most recent problems including: the effectiveness and the role of the International Labour Organization (ILO) in the second century of its...

Regulatory Autonomy and International Trade in Services
  • Language: en
  • Pages: 352

Regulatory Autonomy and International Trade in Services

  • Categories: Law

This book considers how the interplay between multilateral and preferential liberalisation of trade in services increasingly raises concerns, both from the perspective of the beneficiaries of such liberalisation (whose rights are uncertain) and that of regulators (whose regulatory autonomy is constrained). The author shows how these concerns lead to vast underutilisation of, and strong prejudices against, the benefits of services liberalisation. The book meticulously analyses and compares the EU's obligations under the GATS and the services chapters of several RTAs to finally assess the merits of the raised concerns.

Law and Practice of the Common Commercial Policy
  • Language: en
  • Pages: 660

Law and Practice of the Common Commercial Policy

  • Categories: Law
  • Type: Book
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  • Published: 2020-12-15
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  • Publisher: BRILL

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.

The Oxford Handbook of Professional Service Firms
  • Language: en
  • Pages: 561

The Oxford Handbook of Professional Service Firms

The Oxford Handbook of Professional Service Firms discusses firms providing services in the traditional professions such as law, accounting, and architecture as well as newer sectors such as, management consulting, advertising, and engineering. It provides a critical overview of contemporary research on PSFs, and suggests avenues of future inquiry.

Research Handbook on the EU’s Common Foreign and Security Policy
  • Language: en
  • Pages: 559

Research Handbook on the EU’s Common Foreign and Security Policy

In times of rapid change and unpredictability the European Union’s role in the world is sorely tested. How successfully the EU meets challenges such as war, terrorism and climate change, and how effectively the Union taps into opportunities like mobility and technological progress depends to a great extent on the ability of the EU’s institutions and member states to adopt and implement a comprehensive and integrated approach to external action. This Research Handbook examines the law, policy and practice of the EU’s Common Foreign and Security Policy, including the Common Security and Defence, and gauges its interactions with the other external policies of the Union (including trade, development, energy), as well as the evolving political and economic challenges that face the European Union.

The EU Deep Trade Agenda
  • Language: en
  • Pages: 305

The EU Deep Trade Agenda

Providing the first comprehensive examination of the key regulatory disciplines included in the new generation of EU free trade agreements (FTAs), this book investigates the EU's supposed deep trade agenda through a legal analysis of these FTAs. In doing so, Billy A. Melo Araujo determines whether there is any substance behind the EU's foreign policy rhetoric regarding the need to introduce regulatory issues within the remit of international trade law. At a time when the EU is busily negotiating so-called 'mega-FTAs', such as the Transatlantic Trade and Investment Partnership (TTIP) and the plurilateral Trade in Services Agreement (TISA), Melo Araujo offers a timely insight into the importan...

Global Governance through Trade
  • Language: en
  • Pages: 381

Global Governance through Trade

A 'new generation' of EU trade policies aims to advance public goods - such as promoting sustainable development, protecting human rights and enhancing governance in third states. The pursuit of these objectives raises important questions regarding coherence, effectiveness, legitimacy and extraterritoriality. In Global Governance through Trade leading scholars from different disciplines address these topical questions. The book contains a comprehensive analysis of the concept of governing through trade and investigates how the EU ‘exports’ regulation through conditional market access regulation, bilateral trade agreements and unilateral trade policy. Several case studies complement the general analysis and provide an in-depth assessment of the European Union's new trade policies. This multidisciplinary book will be an enlightening read for a wide-ranging audience encompassing academics, policymakers, policy analysts and students of, amongst others, trade law and policy, global governance, sustainable development, human rights and labor standards.

The WTO Consistency of the European Union Timber Regulation
  • Language: en

The WTO Consistency of the European Union Timber Regulation

  • Type: Book
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  • Published: 2014
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  • Publisher: Unknown

The Timber Regulation is the EU's latest addition to its regulatory framework on forestry governance. This paper begins with an overview of the substantive provisions of the Regulation and then briefly addresses two comparable initiatives: the American Lacey Act and the Australian Illegal Logging Prohibition Bill. The second part of the paper focuses extensively on the WTO consistency of the Regulation, based on an analysis of Articles XI, III, and I GATT. In the view of the authors, although the EU Timber Regulation is likely to violate at least one substantive WTO provision, it is probably justifiable on the basis of Article XX GATT. The approach taken in the Timber Regulation may serve the EU in achieving non-trade objectives by restricting access to its market.

Regulatory Autonomy Constraints from GATS' Unconditional Obligations
  • Language: en
  • Pages: 66

Regulatory Autonomy Constraints from GATS' Unconditional Obligations

  • Type: Book
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  • Published: 2016
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  • Publisher: Unknown

In this report, the inherent tension between regulatory autonomy and trade liberalisation is addressed with a focus on trade in services. Therefore, this report examines in detail what is meant by the term '(constraints on) regulatory autonomy' in trade law literature and develops five dimensions of the term: (i) endogenous and exogenous regulatory autonomy, (ii) regulatory autonomy related to the interest which a measure aims to advance, (iii) macro level constraints stemming from trade agreements, (iv) regulatory autonomy concerns resulting from the three steps of establishing a trade law violation, and (v) constraints related to the nature of the obligation. Subsequently, this report addresses how, in the case of the European Union, GATS' unconditional obligations constrain regulatory autonomy. Aside from the Most-Favoured-Nation obligation, we address a series of obligations related to transparency. Our preliminary conclusions reflect the partial nature of this report, but already highlight that these unconditional obligations contain a few possibly problematic constraints on regulatory autonomy.

The Scope of GATS and of Its Obligations
  • Language: en
  • Pages: 43

The Scope of GATS and of Its Obligations

  • Type: Book
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  • Published: 2013
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  • Publisher: Unknown

The GATS preamble already highlights the inevitable conflict between on the one hand achieving progressively higher levels of liberalization of trade in services in order to expand trade in services and promote growth, and on the other hand the right to introduce new regulation to meet national policy objectives. Hence, it was clear from the outset that the balance between trade liberalisation and domestic regulatory autonomy would be key in interpreting the constructively ambiguous GATS. The outcome of this exercise depends on three factors: the interpretation of (i) GATS' overarching objectives, (ii) of the general scope of GATS and of the obligations arising from it (and the exceptions to...