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The European Union’s Trade Defence Modernisation Package

Author: Patricia Trapp

Publisher: Springer Nature

Published: 2022-01-03

Total Pages: 342

ISBN-13: 3030913635

Anti-dumping and anti-subsidy measures are the most important elements of the European Union's trade defence instruments. Since the beginning of the European integration process, they have been used to combat trade practices which are considered "unfair" and their distortive effects on competition in the internal market. However, while the imposition of trade defence measures aims to level the playing field between EU producers and their foreign competitors, it also produces negative effects on competition itself. Based on the role attributed to competition and trade defence policy respectively throughout the European integration process, this book argues that the trading bloc's trade defence instruments should not be designed or applied with the objective of granting maximum protection to EU producers, but that their use should be limited to what is necessary to ensure fairness in competition between EU producers and exporting producers. However, an analysis of the changes made to the European Union's Basic Anti-Dumping Regulation and the Basic Anti-Subsidy Regulation by the Trade Defence Modernisation Package reveals that several aspects of the European Union's modernised trade defence instruments do not meet this requirement. Rather than being limited to offsetting the unfair competitive advantages of producers practicing dumping or benefiting from subsidies, the reformed provisions go beyond this, distorting competition in favour of the EU industry instead. Furthermore, the book critically assesses the reformed rules relating to the integration of social and environmental aspects in the imposition of anti-dumping or anti-subsidy measures as well as the modernised basic regulations’ compatibility with WTO law.

The Future of Trade Defence Instruments

Author: Marc Bungenberg

Publisher: Springer

Published: 2018-10-29

Total Pages: 313

ISBN-13: 3319953060

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This EYIEL Special Issue is devoted to the European Union’s Trade Defence Instruments (TDIs). The recent legislative changes at the EU level are indicative of global policy trends and legal challenges surrounding trade remedies law. Although TDI measures have always been a fiercely debated topic in international economic law, they have received increased attention in recent years. This book offers a comprehensive and insightful legal analysis of the recent legislative changes at the EU level and investigates TDIs in the context of regional trade relationships, including the United Kingdom in post-Brexit times. Beyond the EU, it examines the national trade defence law frameworks of important trading partners such as Switzerland, the United States, China and Vietnam.The selected contributions in this edited volume examine the recent trends in trade defence law from a legal and practical perspective and offer analytical insights from EU officials, legal practitioners and leading academics. A unique collection of essays in a changed global framework, this EYIEL Special Issue provides an up-to-date overview of the state of play of trade defence in the EU and around the globe.

EU Trade Defence Law and Practice

Author: Christoph Herrmann

Publisher: Springer Nature

Published: 2023-02-22

Total Pages: 121

ISBN-13: 3031253302

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The European Union is one of the most outward-oriented economies in the world, and free trade is one of its founding principles. As such, instruments intended to ensure that international trade is conducted on a level playing field have been part of the EU’s policy toolbox since the beginning of European integration. Adapting to the current changes in international trade, these instruments have since undergone major reforms. This work provides an overview of the EU’s legal framework on the use of its trade defence instruments, in particular measures under the Trade Barriers Regulation, the Basic Anti-Dumping Regulation and the Basic-Anti Subsidy Regulation. The book shares valuable insights into how EU institutions currently apply these instruments and places their application in the broader political context in which international trade takes place, which has been shaped e.g. by developments related to the United Kingdom’s withdrawal from the EU and the ongoing blockade of the WTO Appellate Body.

The Regulation on Foreign Subsidies Distorting the Internal Market

Author: Wolfgang Weiß

Publisher: Springer Nature

Published:

Total Pages: 116

ISBN-13: 3031591178

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Law and Practice of the Common Commercial Policy

Author:

Publisher: BRILL

Published: 2020-12-15

Total Pages: 660

ISBN-13: 9004393412

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Law and Practice of the Common Commercial Policy provides a comprehensive analysis of the salient features of the European Union’s trade law and policy since the Treaty of Lisbon: legislation, case law, treaty making and institutional practice.

Specialized Administrative Law of the European Union

Author: Herwig C. H. Hofmann

Publisher: Oxford University Press

Published: 2018-11-30

Total Pages: 719

ISBN-13: 0191091286

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This volume deals with the law governing the administrative implementation of European Union public policy. Much of this law is specific to individual policy sectors. The volume provides a study of such specialized admininstrative law for more than twenty sectors. This cross-sectoral approach allows for detailed comparisons of EU administration in diverse policy fields. It identifies situations where legal structures and approaches may be unnecessarily duplicated, thus indicating where a comprehensive, general system could be advantageous for both Union law and policy achievement. The comparative nature of the study also draws attention to policy fields which have proven to be testing grounds for approaches adopted subsequently in other areas. In addition, the work highlights the distinctive, highly networked, and strongly cooperative character of EU administration, as a reflection of, and a foundation for, the operative nature of the European Union as a whole.

Greening Trade Remedies

Author: Pieter Van Vaerenbergh

Publisher: Springer Nature

Published: 2023-09-28

Total Pages: 233

ISBN-13: 3031381726

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This book explores the role of trade remedies in liberalising environmental trade and discouraging environmentally harmful trade. As trade remedies can pose a significant obstacle to environmental trade, this book outlines how trade negotiators can implement restrictions on the application of trade remedies on environmental goods. It also assesses whether and how investigating authorities can account for differences in environmental protection standards in trade remedy investigations and considers what a possible 'trade remedy' for environmental harm might look like. Although the book concludes that trade remedies will remain a trade instrument primarily driven by economic and competitiveness concerns, it demonstrates how environmental considerations can guide trade remedy policy, how investigating authorities can properly account for the environmental costs of production, and how the limited policy space available in the WTO Agreements on Trade Remedies can be used to pursue green policy goals.

European Yearbook of International Economic Law 2017

Author: Marc Bungenberg

Publisher: Springer

Published: 2017-10-06

Total Pages: 649

ISBN-13: 331958832X

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Volume 8 of the EYIEL focuses on the external economic relations of the European Union as one of the most dynamic political fields in the process of European integration. The first part of this volume analyses the recent controversial questions of the external economic relations of the Union, dealing with the complexity of mixed agreements, transparency and legitimacy issues as well as recent proposals in relation to Investor-State-Dispute Settlement, the Trade Defence Instruments and the implications of the “Brexit” in this context. The second part of EYIEL 8 addresses ongoing bilateral and multilateral negotiations of the EU with China, Japan, Australia, Canada and Taiwan. Moreover, the third part deals with the EU in international organisations and institutions, in particular the recent institutional aspects of the EU-UN relationship, representation in the IMF as well as WTO jurisprudence involving the EU in 2015. The volume concludes with reviews of recent books in international economic law.

The European Union in the Asia-Pacific

Author: Weiqing Song

Publisher: Manchester University Press

Published: 2019-02-20

Total Pages: 159

ISBN-13: 1526131870

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Since the mid-1990s, the European Union has defined the Asia Pacific as one of its key strategic targets on its ambitious road towards a global power. Over the past decades, big changes have taken place on both sides and the wider world. It’s high time to evaluate the EU’s performance in its Asian policy. In fact, the EU is at crossroads with its Asia Pacific policy. On several aspects, the EU is compelled to redefine its interests and roles, and rethink its strategies and policies towards the dynamic and ever important Asia Pacific region. This volume addresses this theme, by elaborating the general context, major issues and countries in the EU’s Asia Pacific policy. It covers issue areas of traditional security, economy and trade, public diplomacy, and human security and focuses on the EU’s relations with China, Japan, the ASEAN countries, and Australasia.

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.