Free Movement of Goods and Limits of Regulatory Autonomy in the EU and WTO

Free Movement of Goods and Limits of Regulatory Autonomy in the EU and WTO

Author: Tamara Perišin

Publisher: T.M.C. Asser Press

Published: 2011-08-27

Total Pages: 252

ISBN-13: 9789067044929

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In every system aimed at trade liberalisation, it is necessary to balance this goal with the protection of (other) values. Not only does this have economic implications, but it also strikes at the heart of regulatory autonomy, sovereignty, division of power between levels and branches of government and constitutionalism. The optimal balance necessarily depends on the system's aims, structure, membership and level of homogeneity. This book explores this broad idea in the specific context of the EU and WTO rules on non-pecuniary restrictions on the free movement of goods and seeks to establish how to optimally interpret them. Furthermore, it demonstrates that the EU internal market rules have strong external effects which can be felt within the WTO.


Book Synopsis Free Movement of Goods and Limits of Regulatory Autonomy in the EU and WTO by : Tamara Perišin

Download or read book Free Movement of Goods and Limits of Regulatory Autonomy in the EU and WTO written by Tamara Perišin and published by T.M.C. Asser Press. This book was released on 2011-08-27 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: In every system aimed at trade liberalisation, it is necessary to balance this goal with the protection of (other) values. Not only does this have economic implications, but it also strikes at the heart of regulatory autonomy, sovereignty, division of power between levels and branches of government and constitutionalism. The optimal balance necessarily depends on the system's aims, structure, membership and level of homogeneity. This book explores this broad idea in the specific context of the EU and WTO rules on non-pecuniary restrictions on the free movement of goods and seeks to establish how to optimally interpret them. Furthermore, it demonstrates that the EU internal market rules have strong external effects which can be felt within the WTO.

Free Movement of Goods and Limits of Regulatory Autonomy in the EU and WTO

Free Movement of Goods and Limits of Regulatory Autonomy in the EU and WTO

Author: Tamara Perišin

Publisher: T.M.C. Asser Press

Published: 2008

Total Pages: 0

ISBN-13: 9789067044912

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In every system aimed at trade liberalisation, it is necessary to balance this goal with the protection of (other) values. Not only does this have economic implications, but it also strikes at the heart of regulatory autonomy, sovereignty, division of power between levels and branches of government and constitutionalism. The optimal balance necessarily depends on the system's aims, structure, membership and level of homogeneity. This book explores this broad idea in the specific context of the EU and WTO rules on non-pecuniary restrictions on the free movement of goods and seeks to establish how to optimally interpret them. Furthermore, it demonstrates that the EU internal market rules have strong external effects which can be felt within the WTO.


Book Synopsis Free Movement of Goods and Limits of Regulatory Autonomy in the EU and WTO by : Tamara Perišin

Download or read book Free Movement of Goods and Limits of Regulatory Autonomy in the EU and WTO written by Tamara Perišin and published by T.M.C. Asser Press. This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In every system aimed at trade liberalisation, it is necessary to balance this goal with the protection of (other) values. Not only does this have economic implications, but it also strikes at the heart of regulatory autonomy, sovereignty, division of power between levels and branches of government and constitutionalism. The optimal balance necessarily depends on the system's aims, structure, membership and level of homogeneity. This book explores this broad idea in the specific context of the EU and WTO rules on non-pecuniary restrictions on the free movement of goods and seeks to establish how to optimally interpret them. Furthermore, it demonstrates that the EU internal market rules have strong external effects which can be felt within the WTO.

Free Movement of Goods and Limits of Regulatory Autonomy in the EU and WTO

Free Movement of Goods and Limits of Regulatory Autonomy in the EU and WTO

Author: Tamara Perišin

Publisher: T.M.C. Asser Press

Published: 2008-12-31

Total Pages: 252

ISBN-13: 9789067042901

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In every system aimed at trade liberalisation, it is necessary to balance this goal with the protection of (other) values. Not only does this have economic implications, but it also strikes at the heart of regulatory autonomy, sovereignty, division of power between levels and branches of government and constitutionalism. The optimal balance necessarily depends on the system's aims, structure, membership and level of homogeneity. This book explores this broad idea in the specific context of the EU and WTO rules on non-pecuniary restrictions on the free movement of goods and seeks to establish how to optimally interpret them. Furthermore, it demonstrates that the EU internal market rules have strong external effects which can be felt within the WTO.


Book Synopsis Free Movement of Goods and Limits of Regulatory Autonomy in the EU and WTO by : Tamara Perišin

Download or read book Free Movement of Goods and Limits of Regulatory Autonomy in the EU and WTO written by Tamara Perišin and published by T.M.C. Asser Press. This book was released on 2008-12-31 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: In every system aimed at trade liberalisation, it is necessary to balance this goal with the protection of (other) values. Not only does this have economic implications, but it also strikes at the heart of regulatory autonomy, sovereignty, division of power between levels and branches of government and constitutionalism. The optimal balance necessarily depends on the system's aims, structure, membership and level of homogeneity. This book explores this broad idea in the specific context of the EU and WTO rules on non-pecuniary restrictions on the free movement of goods and seeks to establish how to optimally interpret them. Furthermore, it demonstrates that the EU internal market rules have strong external effects which can be felt within the WTO.

Regulatory Autonomy and International Trade in Services

Regulatory Autonomy and International Trade in Services

Author: Bregt Natens

Publisher: Edward Elgar Publishing

Published: 2016-07-27

Total Pages: 360

ISBN-13: 1785364316

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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.


Book Synopsis Regulatory Autonomy and International Trade in Services by : Bregt Natens

Download or read book Regulatory Autonomy and International Trade in Services written by Bregt Natens and published by Edward Elgar Publishing. This book was released on 2016-07-27 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

EU Constitutional Law

EU Constitutional Law

Author: Koen Lenaerts

Publisher: Oxford University Press

Published: 2022-01-16

Total Pages: 1025

ISBN-13: 0198851596

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This title is a comprehensive textbook of EU constitutional law, setting out the structure, values, procedures, and policies of the European Union. It is a first point of reference for issues of EU constitutional law. The book encompasses six major parts. The first part addresses the formation history of the European Union, the treaties, the accessions, and the withdrawal of the United Kingdom. The second part covers the competences of the European Union. It contains an extensive analysis of the key constitutional principles governing the exercise of competences by the Union and the balance of power between the Union and its Member States, followed by an in-depth anaylsis of EU citizenship and the four freedoms, followed by an overview of the main internal and external policy domains. The third part addresses the role and workings of the various institutions (European Council, Council, European Parliament, Commission, European Court of Justice, and European Central Bank), the position of the Member States of the Union, and various other institutional matters. Part four explores the various decision-making processes, addressing not only the legislative and executive decision-making, but also the budget, CFSP, and external action. The fifth part looks at the legal instruments and the position of EU law in the EU and national legal orders, with an attention to the key principles of primary and direct effect, and the role of fundamental rights and the Charter of Fundamental Rights. The final part sets out the complete and coherent system of judicial protection in the European Union, offering an overview of the various courses of action before the EU courts and in the national legal orders to enforce EU law or to obtain judicial protection.


Book Synopsis EU Constitutional Law by : Koen Lenaerts

Download or read book EU Constitutional Law written by Koen Lenaerts and published by Oxford University Press. This book was released on 2022-01-16 with total page 1025 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title is a comprehensive textbook of EU constitutional law, setting out the structure, values, procedures, and policies of the European Union. It is a first point of reference for issues of EU constitutional law. The book encompasses six major parts. The first part addresses the formation history of the European Union, the treaties, the accessions, and the withdrawal of the United Kingdom. The second part covers the competences of the European Union. It contains an extensive analysis of the key constitutional principles governing the exercise of competences by the Union and the balance of power between the Union and its Member States, followed by an in-depth anaylsis of EU citizenship and the four freedoms, followed by an overview of the main internal and external policy domains. The third part addresses the role and workings of the various institutions (European Council, Council, European Parliament, Commission, European Court of Justice, and European Central Bank), the position of the Member States of the Union, and various other institutional matters. Part four explores the various decision-making processes, addressing not only the legislative and executive decision-making, but also the budget, CFSP, and external action. The fifth part looks at the legal instruments and the position of EU law in the EU and national legal orders, with an attention to the key principles of primary and direct effect, and the role of fundamental rights and the Charter of Fundamental Rights. The final part sets out the complete and coherent system of judicial protection in the European Union, offering an overview of the various courses of action before the EU courts and in the national legal orders to enforce EU law or to obtain judicial protection.

Liberalising Trade in the EU and the WTO

Liberalising Trade in the EU and the WTO

Author: Sanford E. Gaines

Publisher: Cambridge University Press

Published: 2012-08-02

Total Pages: 521

ISBN-13: 1107012759

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This comparison of developments in EU and WTO trade law and institutions suggests how each can learn from the other.


Book Synopsis Liberalising Trade in the EU and the WTO by : Sanford E. Gaines

Download or read book Liberalising Trade in the EU and the WTO written by Sanford E. Gaines and published by Cambridge University Press. This book was released on 2012-08-02 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comparison of developments in EU and WTO trade law and institutions suggests how each can learn from the other.

The European Fundamental Freedoms

The European Fundamental Freedoms

Author: Pedro Caro de Sousa

Publisher: OUP Oxford

Published: 2015-04-23

Total Pages: 260

ISBN-13: 0191043532

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Contextual approaches take into account not only the internal legal perspective reflected in the official discourse supporting legal decisions, but also an external dimension related to the institutional environment in which the law is applied. This external dimension - which can be understood by reference to studies that look at the law from the outside as the subject of sociological, economic, or philosophical analysis - is usually ignored, or not addressed systematically by studies that focus on the internal perspective. By systematically internalizing these 'external' elements into legal theory and practice, contextual approaches lead to the development of better descriptive theories and more attractive normative models of the law, specifically EU law, than de-contextualized approaches. Additionally, contextual approaches are more self-aware than de-contextualized approaches, since they are able to make sense of the role that legal practice (by judges, legal practitioners, and academics) plays in the development of the law. It is through a contextual approach that Pedro Caro de Sousa develops a general theory of European constitutional law, in particular free movement law and the EU fundamental freedoms. As a contribution to the development of EU constitutionalism, this monograph focuses on the interplay between the different normative concerns behind the EU's market freedoms identified in traditional legal discourse. Moving away from traditional studies of free movement law, Caro de Sousa's book offers a fresh approach to free movement law. Rather than proposing normative approaches, he uses this approach to construct a broader thesis: that the EU law of free movement can best be understood as an interplay of traditional legal doctrines and practices and the specific institutional environment where this law is applied and developed.


Book Synopsis The European Fundamental Freedoms by : Pedro Caro de Sousa

Download or read book The European Fundamental Freedoms written by Pedro Caro de Sousa and published by OUP Oxford. This book was released on 2015-04-23 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contextual approaches take into account not only the internal legal perspective reflected in the official discourse supporting legal decisions, but also an external dimension related to the institutional environment in which the law is applied. This external dimension - which can be understood by reference to studies that look at the law from the outside as the subject of sociological, economic, or philosophical analysis - is usually ignored, or not addressed systematically by studies that focus on the internal perspective. By systematically internalizing these 'external' elements into legal theory and practice, contextual approaches lead to the development of better descriptive theories and more attractive normative models of the law, specifically EU law, than de-contextualized approaches. Additionally, contextual approaches are more self-aware than de-contextualized approaches, since they are able to make sense of the role that legal practice (by judges, legal practitioners, and academics) plays in the development of the law. It is through a contextual approach that Pedro Caro de Sousa develops a general theory of European constitutional law, in particular free movement law and the EU fundamental freedoms. As a contribution to the development of EU constitutionalism, this monograph focuses on the interplay between the different normative concerns behind the EU's market freedoms identified in traditional legal discourse. Moving away from traditional studies of free movement law, Caro de Sousa's book offers a fresh approach to free movement law. Rather than proposing normative approaches, he uses this approach to construct a broader thesis: that the EU law of free movement can best be understood as an interplay of traditional legal doctrines and practices and the specific institutional environment where this law is applied and developed.

WTO Law

WTO Law

Author: Birgitte Egelund Olsen

Publisher: Kluwer Law International B.V.

Published: 2012-02-01

Total Pages: 515

ISBN-13: 9041141952

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The European Union (EU) and the World Trade Organization (WTO) share the distinction of having proven themselves as the two most successful large-scale international trade regulation regimes. This very useful book analyses the core legal concepts and rules that characterise the regulation of trade in the WTO. At the heart of the analysis is a comparison of WTO rules with parallel rules in the EU trade system, revealing how similar trade issues are dealt with in the two systems – a perspective that not only sheds light on how WTO law and EU law interact, but also greatly facilitates an understanding of the special features of WTO law for readers who are more familiar with EU law. Within this framework, the authors explore such key trade issues as the following: dispute settlement; implementation of judicial decisions and enforcement; principles of non-discrimination; trade in goods; non-discriminatory restrictions as barriers to trade; exceptions from trade-liberalisation obligations; trade and environmental protection;trade in agricultural products; conditions for applying safeguard and anti-dumping measures; prohibited and actionable subsidies; regulation of services; protection of intellectual property rights; regional trade agreements; special and differential treatments; government procurement; competition policy; and regulation of investment. As a timely and accessible analysis of the WTO and its interaction with the EU, this book is sure to be welcomed by international trade professionals, government officials, and interested academics, students, and researchers.


Book Synopsis WTO Law by : Birgitte Egelund Olsen

Download or read book WTO Law written by Birgitte Egelund Olsen and published by Kluwer Law International B.V.. This book was released on 2012-02-01 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union (EU) and the World Trade Organization (WTO) share the distinction of having proven themselves as the two most successful large-scale international trade regulation regimes. This very useful book analyses the core legal concepts and rules that characterise the regulation of trade in the WTO. At the heart of the analysis is a comparison of WTO rules with parallel rules in the EU trade system, revealing how similar trade issues are dealt with in the two systems – a perspective that not only sheds light on how WTO law and EU law interact, but also greatly facilitates an understanding of the special features of WTO law for readers who are more familiar with EU law. Within this framework, the authors explore such key trade issues as the following: dispute settlement; implementation of judicial decisions and enforcement; principles of non-discrimination; trade in goods; non-discriminatory restrictions as barriers to trade; exceptions from trade-liberalisation obligations; trade and environmental protection;trade in agricultural products; conditions for applying safeguard and anti-dumping measures; prohibited and actionable subsidies; regulation of services; protection of intellectual property rights; regional trade agreements; special and differential treatments; government procurement; competition policy; and regulation of investment. As a timely and accessible analysis of the WTO and its interaction with the EU, this book is sure to be welcomed by international trade professionals, government officials, and interested academics, students, and researchers.

Treaty on the Functioning of the European Union - A Commentary

Treaty on the Functioning of the European Union - A Commentary

Author: Hermann-Josef Blanke

Publisher: Springer Nature

Published: 2021-05-31

Total Pages: 1699

ISBN-13: 3030435113

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The Commentary on the Treaty on the Functioning of the European Union (four volumes) is a major European project that aims to contribute to the development of ever closer conceptual and dogmatic standpoints with regard to the creation of “Europeanised research on Union law”. Following on from the Commentary on the Treaty of the European Union, this book presents detailed explanations, article by article, of all the provisions of the TFEU, discussing the application of Union law in the national legal orders and its interpretation by the Court of Justice of the EU. The authors are academics and practitioners from twenty-eight European states and different legal fields, some from a constitutional law background, others experts in the field of international law and EU law.Reflecting the various approaches to European legal culture, this book promotes a system concept of European Union law toward more unity notwithstanding its rich diversity grounded in national traditions.


Book Synopsis Treaty on the Functioning of the European Union - A Commentary by : Hermann-Josef Blanke

Download or read book Treaty on the Functioning of the European Union - A Commentary written by Hermann-Josef Blanke and published by Springer Nature. This book was released on 2021-05-31 with total page 1699 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Commentary on the Treaty on the Functioning of the European Union (four volumes) is a major European project that aims to contribute to the development of ever closer conceptual and dogmatic standpoints with regard to the creation of “Europeanised research on Union law”. Following on from the Commentary on the Treaty of the European Union, this book presents detailed explanations, article by article, of all the provisions of the TFEU, discussing the application of Union law in the national legal orders and its interpretation by the Court of Justice of the EU. The authors are academics and practitioners from twenty-eight European states and different legal fields, some from a constitutional law background, others experts in the field of international law and EU law.Reflecting the various approaches to European legal culture, this book promotes a system concept of European Union law toward more unity notwithstanding its rich diversity grounded in national traditions.

Global Politics and EU Trade Policy

Global Politics and EU Trade Policy

Author: Wolfgang Weiß

Publisher: Springer Nature

Published: 2020-02-24

Total Pages: 281

ISBN-13: 3030345882

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This book explores how the European Union designs its trade policy to face the most recent challenges and to influence global policy issues. It provides with an interdisciplinary perspective, by combining legal, political, and economic approaches. It studies a broad set of trade instruments that are used by the EU in its trade policy, such as: trade agreements, multilateral initiatives, unilateral trade policies, as well as, internal market tools. Therefore, the contributions to this volume present the EU’s Trade Policy through different lenses providing a complex view of it.


Book Synopsis Global Politics and EU Trade Policy by : Wolfgang Weiß

Download or read book Global Politics and EU Trade Policy written by Wolfgang Weiß and published by Springer Nature. This book was released on 2020-02-24 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how the European Union designs its trade policy to face the most recent challenges and to influence global policy issues. It provides with an interdisciplinary perspective, by combining legal, political, and economic approaches. It studies a broad set of trade instruments that are used by the EU in its trade policy, such as: trade agreements, multilateral initiatives, unilateral trade policies, as well as, internal market tools. Therefore, the contributions to this volume present the EU’s Trade Policy through different lenses providing a complex view of it.