Brexit and the ensuing uncertainty about the United Kingdom’s (UK’s) future relationship with the European Union (EU) have brought the participation of non-EU Member States in the internal market to the centre of academic attention. The latter phenomenon is not novel and many of the existing frameworks for cooperation between the EU and its neighbourhood countries have been used as models for a possible post-Brexit arrangement. This article identifies the various roles played by the internal market acquis – both of integration and disintegration – in the EU’s relations with its neighbourhood by analysing the dynamics between the aims of various bilateral and multilateral instruments and the character and scope of the internal market acquis contained therein. The article argues that over time the function of the internal market acquis has evolved from providing a legal framework for the functioning of the internal market among the EU’s Member States to also integrating third countries into the Union’s sphere of influence beyond the accession process, and even membership. The internal market can thus no longer be regarded as an ‘internal’ and exclusive affair for the committed few that offers inspiration and limited access for third countries but rather as a dynamic and geographically inclusive form of collaboration between the Union and its periphery. internal market acquis, EU external relations, neighbourhood policy, European Common Aviation Area, Energy Community, Transport Community, European Economic Area, Switzerland, AA/DCFTA, Brexit, integration, disintegration
{"title":"Internal Market Acquis as a Tool in EU External Relations: From Integration to Disintegration","authors":"Marja‐Liisa Öberg","doi":"10.54648/leie2020007","DOIUrl":"https://doi.org/10.54648/leie2020007","url":null,"abstract":"Brexit and the ensuing uncertainty about the United Kingdom’s (UK’s) future relationship with the European Union (EU) have brought the participation of non-EU Member States in the internal market to the centre of academic attention. The latter phenomenon is not novel and many of the existing frameworks for cooperation between the EU and its neighbourhood countries have been used as models for a possible post-Brexit arrangement. This article identifies the various roles played by the internal market acquis – both of integration and disintegration – in the EU’s relations with its neighbourhood by analysing the dynamics between the aims of various bilateral and multilateral instruments and the character and scope of the internal market acquis contained therein. The article argues that over time the function of the internal market acquis has evolved from providing a legal framework for the functioning of the internal market among the EU’s Member States to also integrating third countries into the Union’s sphere of influence beyond the accession process, and even membership. The internal market can thus no longer be regarded as an ‘internal’ and exclusive affair for the committed few that offers inspiration and limited access for third countries but rather as a dynamic and geographically inclusive form of collaboration between the Union and its periphery.\u0000internal market acquis, EU external relations, neighbourhood policy, European Common Aviation Area, Energy Community, Transport Community, European Economic Area, Switzerland, AA/DCFTA, Brexit, integration, disintegration","PeriodicalId":42718,"journal":{"name":"Legal Issues of Economic Integration","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2020-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84096750","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"A Geopolitical Commission, a European Green Deal and Trade","authors":"","doi":"10.54648/leie2020001","DOIUrl":"https://doi.org/10.54648/leie2020001","url":null,"abstract":"","PeriodicalId":42718,"journal":{"name":"Legal Issues of Economic Integration","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2020-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91054314","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
For more than seven decades, the multilateral trading system has played an essential role in promoting international cooperation on trade policymaking and dispute resolution. As theWTOis being pushed toward the verge of irrelevance, it falls upon us, who believe in the utility of the WTO and multilateralism in general, to defend its legitimacy and significance. Taking theoretical and doctrinal approaches as well as case studies, this article expounds on the fundamental function of the system as being to discipline the use of protectionist policy instruments for trade or non-trade objectives and draws on the significance of the Theory of Distortions and Welfare in providing powerful economic guidance for how the system may operate to achieve a proper balance between the regulation of protectionist instruments and the preservation of policy space. Furthermore, this article shows how the WTO’s dispute settlement mechanism, particularly the Appellate Body, has served the underlying function of the system by contributing to disincentivizing governments from responding to protectionist demands of special interest groups but leaving sufficient latitude of discretion for governments to accommodate nontrade interests. This article cautions that if theWTOdoes collapse and potential adverse economic and political ramifications materialize, then the political need for international trade cooperation and rulesbased dispute resolution will quickly return. By then, the best way to address that need in pursuit of long-term peace and prosperity would be to rebuild a multilateral trading system. WTO, Trade War, Protectionism, Multilateral trading system, Non-trade values, Dispute Settlement, Appellate Body, Economic efficiency.
{"title":"In Defence of the WTO: Why Do We Need a Multilateral Trading System?","authors":"Weihuan Zhou","doi":"10.54648/leie2020002","DOIUrl":"https://doi.org/10.54648/leie2020002","url":null,"abstract":"For more than seven decades, the multilateral trading system has played an essential role in promoting international cooperation on trade policymaking and dispute resolution. As theWTOis being pushed toward the verge of irrelevance, it falls upon us, who believe in the utility of the WTO and multilateralism in general, to defend its legitimacy and significance. Taking theoretical and doctrinal approaches as well as case studies, this article expounds on the fundamental function of the system as being to discipline the use of protectionist policy instruments for trade or non-trade objectives and draws on the significance of the Theory of Distortions and Welfare in providing powerful economic guidance for how the system may operate to achieve a proper balance between the regulation of protectionist instruments and the preservation of policy space. Furthermore, this article shows how the WTO’s dispute settlement mechanism, particularly the Appellate Body, has served the underlying function of the system by contributing to disincentivizing governments from responding to protectionist demands of special interest groups but leaving sufficient latitude of discretion for governments to accommodate nontrade interests. This article cautions that if theWTOdoes collapse and potential adverse economic and political ramifications materialize, then the political need for international trade cooperation and rulesbased dispute resolution will quickly return. By then, the best way to address that need in pursuit of long-term peace and prosperity would be to rebuild a multilateral trading system.\u0000WTO, Trade War, Protectionism, Multilateral trading system, Non-trade values, Dispute Settlement, Appellate Body, Economic efficiency.","PeriodicalId":42718,"journal":{"name":"Legal Issues of Economic Integration","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2020-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81007246","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"From the Board: Rule of Law Challenges in Europe: A Matter of Economic Constitutional Law","authors":"","doi":"10.54648/leie2019018","DOIUrl":"https://doi.org/10.54648/leie2019018","url":null,"abstract":"","PeriodicalId":42718,"journal":{"name":"Legal Issues of Economic Integration","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86612303","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Call for Papers: Rethinking the Role of Institutions in Economic Integration","authors":"","doi":"10.54648/leie2019024","DOIUrl":"https://doi.org/10.54648/leie2019024","url":null,"abstract":"","PeriodicalId":42718,"journal":{"name":"Legal Issues of Economic Integration","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79780457","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article explains the strong connection between markets and democracy through the window of antitrust law. It elaborates on the links by highlighting moments and examples of symbiosis in the United States, in the European Union, and in transitional and developing countries.Observing the rising tide of illiberal government action that threatens the core of democracy, the article argues for a heightened awareness of the importance of markets and the economic law (antitrust) that protects them and the people from misuses of power.
{"title":"Antitrust and Democracy: How Markets Protect Democracy, Democracy Protects Markets, and Illiberal Politics Threatens to Hijack Both","authors":"E. Fox","doi":"10.54648/leie2019020","DOIUrl":"https://doi.org/10.54648/leie2019020","url":null,"abstract":"This article explains the strong connection between markets and democracy through the window of antitrust law. It elaborates on the links by highlighting moments and examples of symbiosis in the United States, in the European Union, and in transitional and developing countries.Observing the rising tide of illiberal government action that threatens the core of democracy, the article argues for a heightened awareness of the importance of markets and the economic law (antitrust) that protects them and the people from misuses of power.","PeriodicalId":42718,"journal":{"name":"Legal Issues of Economic Integration","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86086257","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Enforcement of the EU competition rules, especially in relation to cartels and cartelists, involves a complex jurisdictional patchwork, characterise by inconsistency but also a strong public rhetoric which masks policy and practical differences, Application of the rules to different legal categories of actor, geographical and jurisdictional diversity, and the uneven use of enforcement measures and sanctions give rise to a number of rule of law issues in the form of inconsistent treatment, uncertainty and lack of proportionality. The discussion here maps out and illustrates these problems and suggests that these should be addressed through a more critical consideration of the claims made for deterrence as an enforcement imperative in this context.
{"title":"Enforcement Inconsistency in EU Competition Cases as a Rule of Law Problem","authors":"C. Harding","doi":"10.54648/leie2019023","DOIUrl":"https://doi.org/10.54648/leie2019023","url":null,"abstract":"Enforcement of the EU competition rules, especially in relation to cartels and cartelists, involves a complex jurisdictional patchwork, characterise by inconsistency but also a strong public rhetoric which masks policy and practical differences, Application of the rules to different legal categories of actor, geographical and jurisdictional diversity, and the uneven use of enforcement measures and sanctions give rise to a number of rule of law issues in the form of inconsistent treatment, uncertainty and lack of proportionality. The discussion here maps out and illustrates these problems and suggests that these should be addressed through a more critical consideration of the claims made for deterrence as an enforcement imperative in this context.","PeriodicalId":42718,"journal":{"name":"Legal Issues of Economic Integration","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89786233","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The rule of law has become a hotly debated issue at EU level recently. What appears to be missing in those debates, however, is attention to the peculiarities the rule of law presents in the setup of the EU’s economic constitutional framework. The founding EU Treaties have put in place such framework permitting Member States’ diversified (capitalist) economies to grow ever closer. At the same time, however, that framework has also continuously given rise to specific rule of law challenges. This diagnostic article revisits and summarizes those challenges, arguing that addressing them is more than ever necessary if only to increase the EU’s legitimacy in targeting more general rule of law deficiencies in some of its own Member States.
{"title":"Member States in the EU Economic Constitution: Rule of Law Challenges and Opportunities","authors":"Pieter Van Cleynenbreugel","doi":"10.54648/leie2019021","DOIUrl":"https://doi.org/10.54648/leie2019021","url":null,"abstract":"The rule of law has become a hotly debated issue at EU level recently. What appears to be missing in those debates, however, is attention to the peculiarities the rule of law presents in the setup of the EU’s economic constitutional framework. The founding EU Treaties have put in place such framework permitting Member States’ diversified (capitalist) economies to grow ever closer. At the same time, however, that framework has also continuously given rise to specific rule of law challenges. This diagnostic article revisits and summarizes those challenges, arguing that addressing them is more than ever necessary if only to increase the EU’s legitimacy in targeting more general rule of law deficiencies in some of its own Member States.","PeriodicalId":42718,"journal":{"name":"Legal Issues of Economic Integration","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84120227","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
There is a widely held belief that a borderless global economy brings numerous advantages including economic growth, development and welfare maximization. Globalization equally drives (and is driven by the activities of) large corporations involved in cross border operations. While corporate social responsibility (CSR) is a tool with which integrated developed economies ensure corporate behaviours remain within public interest confines, the regional integration agenda in Africa appears focused on liberalization of trade and investment at all costs. This article examines CSR in regional integration discourse, especially within the European Union, extracting important lessons for the African Continental Free Trade Area (AfCFTA). It unifies the ultimate agenda of both CSR and African regionalism in achieving sustainable development. Advising against misconstruing CSR as an unnecessary trade barrier, the article demonstrates why and how CSR values can be mainstreamed into AfCFTA discourse towards ensuring inclusive growth in Africa and improving the global competitiveness of domestic businesses. AfCFTA, Africa, CSR, Corporate Responsibility, Regional Integration, Sustainable Development Goals, Trade Liberalization.
{"title":"Corporate Social Responsibility and Economic Globalization: Mainstreaming Sustainable Development Goals into the AfCFTA Discourse","authors":"Nojeem Amodu","doi":"10.54648/leie2020004","DOIUrl":"https://doi.org/10.54648/leie2020004","url":null,"abstract":"There is a widely held belief that a borderless global economy brings numerous advantages including economic growth, development and welfare maximization. Globalization equally drives (and is driven by the activities of) large corporations involved in cross border operations. While corporate social responsibility (CSR) is a tool with which integrated developed economies ensure corporate behaviours remain within public interest confines, the regional integration agenda in Africa appears focused on liberalization of trade and investment at all costs. This article examines CSR in regional integration discourse, especially within the European Union, extracting important lessons for the African Continental Free Trade Area (AfCFTA). It unifies the ultimate agenda of both CSR and African regionalism in achieving sustainable development. Advising against misconstruing CSR as an unnecessary trade barrier, the article demonstrates why and how CSR values can be mainstreamed into AfCFTA discourse towards ensuring inclusive growth in Africa and improving the global competitiveness of domestic businesses.\u0000AfCFTA, Africa, CSR, Corporate Responsibility, Regional Integration, Sustainable Development Goals, Trade Liberalization.","PeriodicalId":42718,"journal":{"name":"Legal Issues of Economic Integration","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2019-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90286552","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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