Going Global? The EU Common Commercial Policy After Lisbon

Bungenberg, Marc

doi:10.1007/978-3-540-78883-6_6

Cited by 35 publications

(6 citation statements)

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“…After the Lisbon treaty transferred competence, investment treaties are now dealt with by the European Commission (Bungenberg, 2010;Chaise, 2012). This has created complications with leading states like Germany and France and Commission actors over whether to include such measures in agreements with Canada and the US.…”

Section: Investor Disputes Settlement Systems As a Contested Global Gmentioning

confidence: 99%

Restructuring the State through Economic and Trade Agreements: The Case of Investment Disputes Resolution

Finbow

2016

PaG

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This essay will examine the emergence of transnational governance via supranational economic agreements which promote global imposition of liberalizing policies in the interests of transnational investors. The stalled multilateral World Trade Organization (WTO) process has given way to a plethora of regional and bilateral economic agreements covering a range of new issues-investment, intellectual property, services, and regulations-which trench ever more deeply on domestic decision-making. Informed by Phillip Cerny's conception of "competition states", Colin Crouch's (2000) lament about "post-democracy", Carroll and Sapinski's analysis of "global corporate elites", and David Held's depiction of "global governance complexes", the essay will examine the role of transnational corporate and institutional elites in advancing economic agreements which narrow the scope for democratic governance. These authors depict the combination of constraint and empowerment of states induced by these transnational agreements which force most liberal democracies to cut or tweak programs and regulations in economic and social fields to protect investor rights, while boosting restraints on citizens in areas like intellectual property-what Cerny (1997) calls the "paradox" of the competition state. Given the number and complexity of these transnational governance arrangements, this essay will focus on the transnational constraints of investor state arbitration and disputes settlement systems. This will be illustrated by examining the growth of investor disputes settlement claims in bilateral treaties and major European and North American economic agreements and the rise of arbitration cases which impose costs on states for violations of investor rights. The essay considers the implications of these new forms of transnational governance for democratic governments' responsive to popular demands. It concludes by suggesting the need for revisions to theories of the democratic state, which may be morphing into pluralistic plutocracy.

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Section: Investor Disputes Settlement Systems As a Contested Global Gmentioning

confidence: 99%

Restructuring the State through Economic and Trade Agreements: The Case of Investment Disputes Resolution

Finbow

2016

PaG

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“…15 The RTA tsunami occurred in the 1990s, particularly after the collapse of the Berlin Wall and the creation of the WTO in 1995. 16 Not only did the number of RTAs skyrocket, 17 but the coverage of RTAs also became more extensive, expanding to include non-tariff barriers with respect to IND. INT'L & COMP.…”

Section: The Wto Legal Frameworkmentioning

confidence: 99%

“…162 The Agadir ROOs protocol is identical to the Pan-Euro-Med protocols of the AAs, save in one aspect related to the government agency authorized to issue the proof of origin. 163 Article (16) of Annex II to the Agadir Agreement provides that the Certificate of Origin (CO) may be issued by the "customs authority or the relevant authorized government authority," while under the Pan-Euro-Med procedure, such proof of origin may only be issued by the customs authority. 164…”

Section: ] Trends In Free Trade 335mentioning

confidence: 99%

Trends in Free Trade: Legal and Policy Perspectives on Jordan’s Regional Trade Arrangements

Nsour¹,

Dmour²,

Nimri³

2014

IICLR

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are actively pursuing regionalism as a route to integrate their economies into the global system and promote sustainable economic development. 7 Jordan is no exception. Jordan has followed a liberalization policy in an attempt to increase foreign investment and create more job opportunities. 8 Currently, Jordan is ranked as one of the most open economies in the world. 9 Jordan acceded to the WTO in 2000 and became party to trade liberalization arrangements with various countries, including the United States, the European Union, and, most recently, Canada. 10 This Article is both part of and funded by the WTO Chair Program at the University of Jordan. It presents an overview of the legal and factual status quo of Jordan's regional trade arrangements, touching upon their development and coverage, as well as surveying/examining Jordan's existing foreign trade policy. This Article is not meant to be an extensive analysis of Jordan's free trade arrangements; rather, it is designed to tackle legal and policy concerns regarding some essential aspects of Jordan's regional trade policies. While the Article does not analyze the economic consequences of these RTAs, it does use several points of economic data in the arguments presented herein. Part I defines the WTO's legal framework with respect to regional and preferential trade and also outlines the theoretical foundation of regional and preferential trade. Part II sheds light on Jordan's trade policy and underlines historical milestones achieved during its progression. Part III is connected with Part II and it considers Jordan's regional and preferential trade agreements in order to pave the road for the discussion in the ensuing parts. Part IV proceeds to define each trade agreement to which Jordan is a party and offers certain remarks on each of these agreements. Finally, Part

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“…The changes of the legal rules for CCP deserve special attention for at least two reasons: fi rst, external trade policy is still the most important fi eld of the EU external relations in practical terms (1) . The EU is one of the key players of the multilat- (1)…”

Section: Introductionmentioning

confidence: 99%

The Lisbon Treaty and Changes in the Legal Rules on the Common Commercial Policy

Janků

2017

EU Agrarian Law

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The EU Lisbon Treaty 2007 (LT) brings some changes for the common commercial policy (CCP) and the decision-making processes related to it. CCP is newly included in the one area with all the external activities of the EU, with foreign and security policy, international environmental policy, development aid and economic, financial and technical cooperation with third countries. The fundamental areas of the CCP have been expanded to include foreign direct investment, services and trade-related aspects of intellectual property rights. The EU’s exclusive competence for external negotiation of agreements in areas of exclusive competence and internal CCP regarding their implementation were confirmed. The changes affect the role of the European Parliament and also the functioning of the European Council, the Council, and competences of the High Representative for Foreign Affairs and Security Policy and the European External Action Service. Together with these changes, there will be also changes in procedures within the European Union. A number of aspects of the decision-making process are not yet entirely clarified, and only the practice of the participation of the EU Member States and the European Parliament in the formation of the common commercial policy will bring more meaningful conclusions. The changes brought by the LT will affect not only the extent of the influence of EU Member States on the common commercial policy, but they can also affect the position of the EU in the context of international trade, particularly in the area of negotiating commitments and rules of multilateral and bilateral trade and investment agreements.

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Going Global? The EU Common Commercial Policy After Lisbon

Cited by 35 publications

References 0 publications

Restructuring the State through Economic and Trade Agreements: The Case of Investment Disputes Resolution

Restructuring the State through Economic and Trade Agreements: The Case of Investment Disputes Resolution

Trends in Free Trade: Legal and Policy Perspectives on Jordan’s Regional Trade Arrangements

The Lisbon Treaty and Changes in the Legal Rules on the Common Commercial Policy

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