Academic literature on the topic 'Foreign trade regulation – European Union countries'

The European Union is the largest trading partner for the Eurasian Economic Union. The multi-integration of the Eurasian Economic Union with foreign countries practically guarantees a positive result. The issues, related with non-tariff measures regulating foreign trade, have been considered in the article. For the countries of the Eurasian Economic Union and the Russian Federation in particular, in the near future, the main task should be step-by-step standardization and elimination of almost all non-tariff barriers to trade, as these values significantly aggravate the counter-trade in goods and services and hinder further integration. And this concerns, above all, the development towards the European Union.

The universal recognition of human rights promotes international ‘cosmopolitan law’ protecting rights and judicial remedies of citizens in ever more fields of international regulation. Yet, even though free trade agreements (FTAs) protecting rights and remedies of citizens have been uniquely successful in European integration, the European Union (EU)’s ‘cosmopolitan foreign policy mandate’ is increasingly disregarded in FTA negotiations with non-European countries. The EU’s transatlantic FTAs risk undermining fundamental rights and judicial remedies inside the EU. Citizens rightly challenge the interest group politics in designing transatlantic FTAs and the EU’s neglect for participatory and deliberative democracy in EU trade policies on regulating international markets.

The pandemic of COVID-19 has influenced all sectors of social life, including the global economy and trade relations. The year of 2020 was marked with significant changes in internal and foreign economic policy of almost all nations. The purpose of the paper is to study the measures taken by the EU and the USA as the world's leading economies to regulate their foreign trade in the global crisis caused by the COVID-19 pandemic. The tasks of the study are to show the influence of the crisis on changes of global trade policy in front of the threat to national security. Methodology. The study is based on the results of statistical analysis of data provided the WTO and the UNCTAD. The authors show an analytical assessment of the foreign trade indicators of the EU and the USA. Methods of comparison and generalization were used to formulate conclusions on regulatory trends in foreign trade of the US and the EU. Results allowed identifying specific features and changes in the regulation of foreign trade of the EU and the US, assessing the impact of the pandemic on their foreign trade. It was found that both mentioned players of the world economy have actively introduced both deterrent and liberalization measures during 2020, which were aimed at providing the domestic market with scarce COVID-related goods. The study shows the transition from export restricting to import liberalizing measures in foreign trade policies from the start of pandemic to the late 2020. Practical implications. Understanding and predicting the possible actions of partners (the US and the EU in this case) in the field of foreign trade regulation is an important practical aspect, which has to be taken into account when developing Ukraine's foreign trade policy. Value/originality. The study of foreign trade policy of the world's leading countries allows us to understand the behavior of governments of the countries that are largely dependent on participation in international trade in their development, to draw conclusions about the most common instruments of foreign trade policy in the time of humanitarian and economic crises.

The article analyzes the legislative approaches to the regulation of telework in Russia, the United States, and the countries of the European and Eurasian Economic Union (EAEU). The authors systematized the main issues of the Telework Enhancement Act, the Telework Framework Agreement, and the Labor Code of the Russian Federation and countries of the EAEU. The comparison made it possible to conclude that the norms of Russian labor law significantly lag behind European and American legislation. The regulation of telework in the Russian Federation consists of a certain framework, without a legal resolution of many important issues. The norms of the Labor Code of the Russian Federation are focused on procedural issues rather than on guarantees and compensation for employees. The authors investigated the level of labor guarantees for teleworkers in Russia and also carried out a comparison of social protection, which highlighted the reasons for the proliferation of “gray” employment schemes. The key problems of telework regulation in Russia are the absence of the obligation of the employer to compensate the employee for the costs of equipment and communication, reduced responsibility and duties of the employer in terms of labor protection, adherence to the work and rest regime, imperfection of the rules governing dismissal. In order to improve the Russian legislation, the possibilities of securing the preferential right of certain categories of individuals to enter into an agreement on teleworking, establishing the employer’s obligation to compensate employee expenses caused by teleworking are considered. The necessity for increasing the work on raising the level of the legal culture of citizens on the part of educational institutions and trade unions is justified. The regulation of telework in Russia needs to be gradually improved on the basis of an analysis of Russian law enforcement practices and foreign experience.

The article is devoted to the international trade and economic relations of Ukraine with the countries of the world. Considerable attention is paid to relations between Ukraine and the European Union (EU). Ukraine considers the way to EU membership. Attention is drawn to the European integration progress of our country, which is a natural consequence of Ukraine's independence. The most acceptable ways for regulation of relations in the area of international business activity are considered. The main goal of Ukraine is to create conditions for joining the community of developed European countries by means of large-scale internal transformations. Trade and economic relations between Ukraine and the European Union became an inevitable political reality. European guidelines became a practical reflection of a number of decisions and actions of official bodies of the Ukrainian state and the European Union. The fact that the European choice of Ukraine does not change is explained by the fact that it is a community of European nations. Integration into the European political, financial, economic and humanitarian space is a strategic orientation of the state development and a factor of systemic development. The components of the rapprochement process of Ukraine with the European Union are the deepening of the political dialogue, the strengthening of the European security space and the improvement of the effectiveness of cooperation tools in the priority areas of "integration". In the current foreign and domestic political situation, Ukraine's relations with the European Union are extremely important in this aspect. It is not only about more or less active relations with a more powerful foreign partner, but also about Ukraine's ability to make strategic decisions for the future, which depends on the position and role of the state in the new international order of financial and economic relations.

This article analyses the justification for the recent enactment in the European Union (EU) of a regulation establishing a framework for the screening of inward foreign direct investment (FDI). It argues that the new regulation, which constitutes a first step for a more comprehensive EU investment screening system, should not be considered to be exclusively aimed at protecting the internal market and defensive Union or Member State interests. Instead, the regulation has a tangible external economic policy justification and outlook because it can be seen as a starting point to build up, at the Union level, possibilities to limit inward FDI, which in turn can be used by the EU as a bargaining chip in its trade and investment negotiations with economically powerful countries, such as the United States or China, in order to achieve, on the basis of reciprocity, better access of EU investors to foreign markets. Paradoxically, establishing a framework for the screening of inward FDI at the Union level can therefore be seen as serving the EU’s constitutionally enshrined goal to achieve further investment liberalization, rather than as shielding the internal market from undesired external influence. This article analyses the justification for the recent enactment in the European Union (EU) of a regulation establishing a framework for the screening of inward foreign direct investment (FDI). It argues that the new regulation, which constitutes a first step for a more comprehensive EU investment screening system, should not be considered to be exclusively aimed at protecting the internal market and defensive Union or Member State interests. Instead, the regulation has a tangible external economic policy justification and outlook because it can be seen as a starting point to build up, at the Union level, possibilities to limit inward FDI, which in turn can be used by the EU as a bargaining chip in its trade and investment negotiations with economically powerful countries, such as the United States or China, in order to achieve, on the basis of reciprocity, better access of EU investors to foreign markets. Paradoxically, establishing a framework for the screening of inward FDI at the Union level can therefore be seen as serving the EU’s constitutionally enshrined goal to achieve further investment liberalization, rather than as shielding the internal market from undesired external influence. This article analyses the justification for the recent enactment in the European Union (EU) of a regulation establishing a framework for the screening of inward foreign direct investment (FDI). It argues that the new regulation, which constitutes a first step for a more comprehensive EU investment screening system, should not be considered to be exclusively aimed at protecting the internal market and defensive Union or Member State interests. Instead, the regulation has a tangible external economic policy justification and outlook because it can be seen as a starting point to build up, at the Union level, possibilities to limit inward FDI, which in turn can be used by the EU as a bargaining chip in its trade and investment negotiations with economically powerful countries, such as the United States or China, in order to achieve, on the basis of reciprocity, better access of EU investors to foreign markets. Paradoxically, establishing a framework for the screening of inward FDI at the Union level can therefore be seen as serving the EU’s constitutionally enshrined goal to achieve further investment liberalization, rather than as shielding the internal market from undesired external influence.

The objective of ‘level playing field’ has become increasingly more present in international trade affairs. The European Union (EU) has recently embarked on a quest to promote and protect the level playing field within and outside the borders of the internal market. The most recent manifestation of this objective is the regulation of foreign subsidies, i.e., subsidies provided by non-EU countries to undertakings operating within the EU. The European Commission issued its proposal for a new Regulation with the goal of tackling distortions to the level playing field caused by foreign subsidies. The present article introduces the major concepts of the Proposal and provides a comparative analysis with EU State Aid law and the WTO Subsidies and Countervailing Measures (SCM) Agreement. Further, it pursues an economic analysis of the anticipated impact of the Proposal with a view of examining whether the Proposal is capable of addressing global distortions caused by foreign subsidies and ensure a level playing field. Lastly, the article examines the compatibility of the Proposal with Article 32.1 of the SCM Agreement. Trade Remedies, WTO Law, Subsidies, Treaty Interpretation, EU Law, International Trade Law

In recent years, there has been an increasing number of examples of foreign countries seeking to influence the decisions of the European Union (EU) or its member states in the area of trade and investment policy. Unfortunately, the existing EU legislative framework does not provide for a single or comprehensive legal instrument to deter and counteract coercive actions by third countries. With this in mind, the European Commission recently adopted three proposals to impose counter-measures: The “Trade Enforcement Regulation” (TER), the “Anti-Coercion Instrument” (ACI) and the “Single Market Emergency Instrument” (SMEI). This article summarizes key points, development, contribution, and criticism of the three instruments through which the EU can defend itself against economic coercion by third countries, establish a resilient internal market and prove her strategic autonomy.

China is the second most important (after the European Union) economic partner of the EAEU. This Partnership has a strategic long-term character. In the early 90s liberalization of economy in China and market reforms in Russia and the other countries of the EAEU affected the increasing commodity turnover between China, Russia and other states. Due to the increasing role of People's Republic of China in a foreign trade turnover of EAEU it would be relevant to consider the features of custom-tariff regulation between China and the EAEU. The article is devoted to the problems of the theoretical and legal framework of the trade and economic cooperation between China and the the манушинаEAEU countries, the problem of the Eurasian Economic Union, custom-tariff regulation system (with the example of The Great Stone) and the analysis of its peculiarities. The key problems of the Eurasian Economic Union custom-tariff regulation system of the trade with the People's Republic of China based on the statistics from the national statistics committees, the ways of its development aimed at improving trade efficiency and also the possible effects are estimated.

Defence date: 11 March 2008<br>Examining board: Prof. Bruno De Witte, European University Institute (Supervisor) ; Prof. Francesca Martines, Faculty of Economics, University of Pisa ; Prof. Petros C. Mavroidis, Columbia Law School, NY and University of Neuchâtel ; Prof. Ernst-Ulrich Petersmann, European University Institute<br>PDF of thesis uploaded from the Library digital archive of EUI PhD theses<br>Both the European Community (EC) and its Member States agree that it is in their best interest to coordinate their action vis-à-vis the rest of the world in international trade agreements. Theory and Practice of EC External Trade Law and Policy looks at the intricacies of the institutional framework of EC trade law, and with special emphasis on services trade, examines the law and practice of EC external trade relations from a policy, economic, legal and an overarching European constitutional perspective. The objective of the author’s analysis is not only to find ways to nurture and preserve the unitary character of EC external trade relations in areas of shared competence between EU Member States and EU institutions, but also to understand the management of the EC’s external trade relations. The book begins with an analysis of the evolution of the EC common commercial policy, through which the author examines the checks and balances at the micro, meso and macro levels. The author then proceeds to analyse the problems faced by the EU in its external relations and the legal complexity of mixed agreements. This unique legal phenomenon is tackled from an intra-EC perspective as well as from an extra-EU perspective taking into account various implications for third parties. The major EU institutions are examined: the Commission as the negotiator of international trade agreements, the role of the EU Council and the European Parliament in concluding and ratifying of agreements and the European Court of Justice in relation to judicial enforcement. The EU’s decision-making process in the trade arena and its relation with national institutions are examined. The book concludes with an analysis of the EC’s contribution to the Doha Round in the area of services trade.

Overall the conclusions drawn about South Africa’s negotiating style and tactics were arrived at by analysing a number of reports (that closely followed the evolution of the negotiations) and then paralleling this case study’s findings with the conjectures made by the theoretical frameworks (i.e. works by Putnam, Zartmann and Churchmann) about how negotiations proceed. In the final analysis, the findings of this case are intended to provide insight for the south about how to approach any future trade negotiations with the North (or more specifically with the EU).

For a small state such as New Zealand, trade and economic partnerships are extremely important for economic survival. However, the tyranny of distance complicates this somewhat. Historically, New Zealand has always been dependent on exporting agricultural products. There are examples in New Zealand’s history of innovative ideas being utilised to New Zealand’s economic advantage, such as the advent of refrigerated shipping to the United Kingdom. An important economic partner for New Zealand is the European Union. The European Union is the world’s largest trade power, a formidable partner for a small state, such as New Zealand, to contend with in trade related matters. The agricultural protectionist policies of the European Union are an issue for New Zealand to work around. However, the European Union is also a welcoming market for high quality products that New Zealand should supply. New Zealand’s small size means that the country has to focus on producing high quality products rather than mass production. This thesis proposes to make recommendations for the types of products New Zealand should export to the European Union, in what quantities, and by which methods. This is important for New Zealand producers and exporters to take into account if New Zealand is to expand its exports to the European Union.

<p>This thesis has attempted to provide an analysis of two legal instruments<br>the Cotonou Agreement and the AGOA. Specific attention was directed to these instruments impact on trade between the European Union and the United States, respectively, and beneficiary African countries.</p>

This thesis examines the regulation of parallel imports of trade marked goods in the European Community (EC), demonstrates its deficiencies and advocates its amendment by the Community legislator. The thesis identifies as a primary characteristic of the regulation the bifurcation of intra-EC and extra-EC parallel importation, that is to say, the fundamental divergence of the regimes of parallel imports coming from another EC Member State and imports coming from third countries.  The split as to the rationale, justification and outcome of the two regimes is so substantial that it is viewed as the existence of ‘parallel regulations on parallel trade’ in the Community. The study establishes four different manifestations of this bifurcation, the most evident one concerning the fact that while internal imports are lawful under EC law, external ones could be repelled by the mark owner as trade mark infringement.  It is submitted that this variable legal tolerance to parallel trade has been legitimised through the Community rule of limited, regional exhaustion of trade mark rights and the manner in which the European Court of Justice has interpreted its application. Against this background, the thesis raises three groups of legal arguments for reviewing the current Community exhaustion policy and implementing a rule of international trade mark exhaustion.  They relate to trade mark law, competition law and certain proclamations of the importance of free unrestricted global trade, made by the Community on international level and in the EC context as well. Finally, the study complements the above legal arguments with socio-economic justifications in support of international exhaustion.  The research suggests that the Community should consider the implementation of international trade mark exhaustion and carry out the necessary preparatory steps outlined by the study in this regard.

AbstractThe EU engages extensively with states surrounding the Union. Since its inception, the EU has been successful in creating a network of agreements and institutional relationships with other states, whether they are potential new members of the Union or not. Non-members have been invited to participate in the EU’s internal market; to participate in various decentralised agencies; or to enter trade, partnership, or association agreements with the Union. These are all parts of what we have previously referred to as the “broader area” of European foreign and security policy. While Chapter 4 explored EU cooperation with third countries in relation to security and defence, this chapter takes a broader perspective on EU foreign and security policy, looking instead at EU-third country cooperation in a wider variety of policy fields. Building on the framework presented in Chapter 2, it explores DI beyond the Union, and how the EU and European states together, through a wider network of European cooperation and DI, are contributing to increased European strategic autonomy. As far as vertical differentiation, also known as “deepening,” is concerned with the formal member states and the transfer of power from the national to the European level of governance, this is of limited relevance to a discussion of deeper integration between the EU core and non-members. Horizontal DI, or “widening,” however, is concerned with the territorial and normative expansion of EU policies, and is therefore of greater relevance. The discussion below looks at both bilateral and multilateral agreements between the EU and various associated non-members, among them the EFTA states, the UK, Turkey and other candidate countries, as well as institutional frameworks and membership of non-EU members in various decentralised agencies.

AbstractThis chapter seeks to address the concerns associated with data regulation on the African continent. In particular, the paper zooms in on three major aspects of data regulation that hold the reigns to the potential development of the continent. These are the free flow of data, the adoption of open data regimes and cybersecurity. This will be in the general context of Africa, with a focus on regulatory instruments from the different bodies at continental and sub-regional level as well as some national legislation from countries that have developed any legislative instruments that address the same concerns. Emphasis will also be paid to the strides that have been taken by the European Union, the first continental body that has taken a geographically concerted approach to comprehensive data regulation. The aim is to draw lessons from such efforts with the intention of determining an appropriate African centred approach to data regulation, particularly in the context of increased inter-African trade as envisaged by the Agreement on the African Free Continental Trade Area and an enhanced digital economy as motivated for in the Digital Transformation Strategy for Africa (2020–2030).

The conclusion of contracts was known in ancient times and is still relevant today. Shares that are not distributed in kind can cause certain difficulties that force the interested parties to decide on distribution.Joint ownership of inherited property received from a family member necessitates joint decision-making on its maintenance, ownership, use, and disposal, and it is difficult to achieve such a consensus on all issues. Therefore, quite often a certain period may pass from the acquisition of the right to a share in the joint property to its distribution, but due to conflicts regarding the use of the property or in the case of the need to receive funds or for other reasons, the joint property is divided by the co-owners. That is, the reasons may even be questions of how to use agricultural land, for example, to rent it out, sow it yourself, plant a garden, etc. However, the complexity of the division of land plots is because it is difficult to «divide» agricultural lands at least. After all, their intended use depends on the size, etc. Quite often, disputes also arise regarding the use of residential buildings, since the size and location of the rooms make their use impossible or difficult, as well as the distribution in kind according to the inherited shares. In other words, there is a certain «trading» of assets. If the situation is related to the distribution of a small plot of land where the house is located, then questions also arise regarding the establishment of an easement, as well as mutual concessions for the compensation of a part of the house in exchange for most of the land. In general, there are protracted negotiations, from the point of view of which these parties, who are still in a family relationship, agree on the division of property.Factors that can affect the outcome of property division include unique family circumstances, the specific nature of assets, and traditional legal practices. The parties will use different mechanisms for the division of joint assets: sale, donation, or exchange, under the terms of which they «trade» with the consent of others their rights as co-owners of jointly owned objects. The various evolutionary stages of the agreement on the division of property by the testator’s family culminate in the final stage of agreeing. The agreement on the division of inheritance is a complex legal process. Potentially, in a single transaction, the beneficiaries can choose and implement the division by sale, exchange, or donation. These different legal constructions reflect the uniqueness of the decisions in each agreement and to some extent demonstrate the specific legal practice of the individual Old Babylonian city-state and the particular circumstances of each family.However, in addition to the division of property, there are other agreements regarding the division of inheritance. For example, an agreement on quasi-partition upon adoption (quasi-adoption), an agreement on the division of residential property by the owner between its future beneficiaries.The need to conclude such agreements arises when an agreement on the division of property is required, which differs from such concepts as sale, donation, exchange, etc.Domestic scientists consider the agreement on the distribution of joint property very broadly and include other types of agreements in the list of such agreements, establishing that the agreement on changing the succession of the right to inheritance by law is atypical. It was determined that the contract under investigation belongs to contracts on the distribution of inheritance. Agreements on the distribution of inheritance are concluded in the field of inheritance, which indicates that they belong to inheritance agreements. It is proposed to supplement the existing classifications of civil law contracts by distinguishing a new type of civil law contracts – contracts in the law of inheritance on the level with the selection of a new type of inheritance contracts – contracts on the distribution of inheritance.» This is a bold hypothesis, but it is difficult to agree with it for various reasons, not least because the distribution of inheritance has been known since ancient times.The factor that the term «distribution» of inheritance and giving it a broad legal meaning is analyzed is an interesting author’s hypothesis. At the same time, according to our position, the term «distribution of inheritance» is more balanced, since in Art. 1278 of the Civil Code does not quite successfully use the term «division», when in the content of this norm it is about the equality of shares in the inheritance and the allocation of a share in kind, and not about division. However, in Part 1 of Art. 1280 of the Civil Code, the term «distribution» is used with a direct meaning and «redistribution» as an opportunity to review the results of the distribution under new circumstances – in the case of acceptance of the inheritance by other heirs. In essence, the obvious meaning of the term «distribution» follows from this norm as the initial determination of the ownership of the share of each of the heirs. In this sense, the redistribution of the inheritance should be connected with the possible introduction of changes to the previously made distribution, that is, in this case, we do not limit the number of subsequent redistributions of the inheritance. This hypothesis is related to the fact that the number of heirs who missed the deadline for valid reasons is not limited by legislation and cannot be limited, but is determined by various legal circumstances.Therefore, it is hardly expedient and possible, to apply in Art. 1280 of the Civil Code, the concept of «distribution» should be given a wider meaning than it has in the Civil Code, as this would lead to its ambiguous perception and application both in theory and in legislation and practice. Usually, theoretical terms should be distinguished by being original and should accurately reflect the legal meaning of actions, events, or conditions.But an important element of the procedure for the distribution of common inheritance property or its redistribution are the subjects who must fix the relevant agreement or carry out such distribution according to their conviction.It is indicated that the practice of concluding contracts by the living owner with his future heirs is widespread in foreign countries. At the same time, German experts equate inheritance with what they consider to be contractual inheritance.It should be noted that the practice of concluding contracts on the distribution of inheritance in the practice of the Ukrainian notary is relatively new and does not have clear boundaries in regulation, which complicates the activity of notaries in certifying such contracts. There are several difficulties in the application of relevant legal norms in practice, as there is a lack of understanding of the legal nature and essence of the conclusion of contracts, the term of conclusion, and the procedure for notarization.The opinions of individual authors are studied, about legal relations regarding the division of inheritance characterized by a weak state policy, this obliges the participants of such relations to draw up the content of agreements on the division of inheritance independently. For agreements between heirs on the distribution of inheritance to be valid regulators of the relations of its participants (heirs), conditions (clauses) must be clarified and formulated, which will be disclosed with sufficient completeness and consistency of the content of the relevant agreement and the purpose of its conclusion.We do not agree with this point of view of the scientist regarding «weak state policy», since the Central Committee of Ukraine was not created by politicians or the Ministry of Justice of Ukraine, but by leading scientists of Ukraine. It is also difficult to agree with the statement that the lack of clear regulation of the terms of inheritance contracts «obliges the participants of such relationships to independently draw up the content of inheritance distribution contracts.» In Ukraine, some good notaries and lawyers can draw up high-quality contracts for the distribution of inheritance. Moreover, according to Art. 4 of the Law of Ukraine «On Notaries», notaries have the right to draw up relevant draft contracts. In our opinion, it is worth emphasizing here that this is a right, not a duty of a notary public. That is, the notary may not undertake the drafting of the relevant project, but this provision is positive for interested parties since the lack of experience in drafting original contracts will most likely lead to the drafting of a low-quality draft contract. Indeed, in this case, it is worth looking for an experienced notary who will be able to draw up a draft contract, but this will make it possible to prevent errors in its drafting with a high probability.Thus, the agreement on the distribution of inheritance enters into force if the parties reach an agreement in the proper form on all the essential terms of the agreement. The main essential condition for agreeing on the division of inheritance is the subject of the agreement. However, either party may consider this condition insufficient and propose to include additional conditions in the contract. In this case, these conditions become essential. In connection with the instability of the regulation of the content of contracts between heirs on the distribution of inheritance, it can be concluded that the inclusion of normal conditions in the contract is currently impossible. We believe that such a general scheme of perception of contract terms is not entirely rational, since how to perceive ordinary terms or essential terms of a contract quite often in practice depends on the judgments of the parties to the contract unless otherwise regulated by legislation. This issue can be approached more precisely if we take into account the possibility of interpreting transactions and contracts (Article 213 of the Civil Code).So, based on the essence of the process of concluding contracts, it should be taken into account that the notary who drafts the contract can edit it, therefore it is worth recognizing the right of the notary to interpret it, since according to Art. 5 of the Law of Ukraine «On Notaries», he is obliged to clarify the legal consequences that will arise for persons after his certification. It follows from this that the notary must be given the official right to interpret the contract upon its certification, then it will be clear that after its certification, the court can interpret the content of the contract. In this regard, Art. 213 of the Civil Code is proposed to be supplemented with a corresponding provision regarding the powers of the notary, namely: his duty to interpret the content of the deed or contract before and during its certification.The Inheritance Regulation, which envisages wide acceptance of the inheritance contract, is considered. It is noted that it is worth revising Ukrainian inheritance law in advance for compliance with European standards since after Ukraine accedes to the EU it will be necessary to inform all EU countries about what types of contracts in Ukraine will be related to the issuance of the European Certificate of Succession.This is also important for inheritance by law, because, in case of non-fulfillment of the terms of the lifetime maintenance (care) agreement and the inheritance agreement, they will have to be terminated or recognized as invalid or unfulfilled by the acquirer, so the property that was the subject of this agreement will be inherited by law. At the same time, if the terms of these agreements are fulfilled, the part of the property that belonged to the testator will not be inherited but will become the property of the acquirers.The process of accepting the inheritance is quite long, and the inheritance law allows for several agreements between the heirs, which can significantly affect the size of the inheritance shares and the real things in each share in the inheritance. Therefore, it is necessary to analyze the possibility of agreements between the heirs at different stages of accepting or not accepting the inheritance. From communication with one of the clients, the author learned that the notary unofficially advised the heirs to agree on the distribution of the inheritance, as well as for certain heirs to waive the right to inheritance, but to receive a proper share of the inheritance in household items. When the author was informed of all the circumstances of the inheritance case, it became clear that the notary could not solve the complex inheritance problem, since the inheritance took place based on a will and some heirs had the right to a mandatory share, as well as part of the property remained. So, in such a situation, it was necessary to solve an arithmetical and at the same time legal problem, the complexity of which was determined by the complex subject composition of numerous heirs. Therefore, the notary tried to simplify its solution by artificially «transforming» the heirs who have the right to a mandatory share into ordinary heirs who claim property that is not subject to recording in the certificate of the right to inheritance.A natural will was considered, when the testator bequeathed the specific property to each of the heirs, namely: a house to a daughter, a factory to one son, and a yacht to another let’s say. In such a case, the will of the testator is formulated in the Shodo of the objects of inheritance, so it is difficult to perceive the consequences of the refusal of one of the heirs to inherit, when the yacht will be divided into equal shares between the son and the daughter, because: firstly, the value of the factory and the house will be different, so someone from the testator gave the children a larger inheritance than the other. Secondly, in the case of the existence of a part of the inheritance not covered by the will, it can be assumed with a high degree of probability that the will of the testator was formulated about a certain property and nothing more. Therefore, in case of refusal of one of the heirs to inherit under the will, the property bequeathed to him should be considered as not covered by the will and should be inherited according to the law. That is, if the will of the testator regarding the entire property is revealed, it can be assumed that he thus intended to deprive one of the heirs of the right to inheritance.At the same time, the will must be interpreted not only by the heirs under the will but also by the heirs under the law, when its content concerns the right to a mandatory share in the inheritance, which belongs to the heirs under the law of the first rank, who due to incapacity have the right to claim it, as well as the recipients of the response. With a high degree of probability, it can be assumed that the inheritance, which consists of household items, will be divided even without a written agreement. However, the interpretation of a will, which concerns a substantial inheritance between a significant number of heirs, requires not only a written form of recording of agreements – a contract, but also, in our opinion, a notarial form that will allow recording the agreement more reliably, to explain to the parties to the contract the consequences of its conclusion. If all interested parties sign the agreement, and the notary recognizes it as legal, then it will be difficult to recognize it as illegal or invalid in the next one. Therefore, the agreement on the interpretation of the will, which will establish the specific rights of the heirs and their obligations regarding the coverage of the testator’s debts, is a rational form of specification of the terms of the inheritance, which will allow establishing the executor of the will, if he was not determined by the testator.We can assume with a high degree of probability that similar «simplified calculations» are made by other notaries, as well as directly by the heirs, and certain agreements are not necessary here.

Abstract Investment treaties were born in Europe, and a “European imprint” is easily recognizable in the investment policy world. European countries have concluded the largest number of bilateral investment treaties (BITs) compared to other regions. At the same time, the majority of claimants and arbitrators in investor-state dispute settlement come from Europe. Yet, the regulation of foreign investments at the European level has been characterized by fragmentation. Although similar, European BITs have several differences, and a complex division of investment competences exists between the member states and the European Union (EU). After the entry into force of the Treaty of Lisbon, the transfer of exclusive competence for foreign direct investment to the EU changed the investment treaty practice of the Union and its member states. This chapter traces the evolution of the most relevant investment provisions included in the trade and investment agreements concluded by the EU. It examines whether this new investment policy has created convergence for the EU and its member states and whether EU international investment agreements have influenced investment treaty-making in other regions of the world.

This chapter presents the findings of the author on the impact of the Court of Justice of the European Union (CJEU) on the Israeli legal system. After a short description of the Israeli legal system and its judiciary, including figures on the use of foreign legal sources by the courts, the chapter describes briefly the relations between the EU and Israel and notes the weak legal approximation provision in the Association Agreement. Despite the lack of obligation on Israel’s part to rely on CJEU judgments, the author has found steadily growing numbers of citations of these judgments by various Israeli courts and tribunals. The chapter presents the statistics of these citations over the years, the types of tribunals that cite the CJEU, and the fields of law where these citations are mostly found (mainly in trade marks, competition law, and labour law). It also lists the CJEU cases that are most cited by Israeli tribunals. It then assesses the impact of the citations by a coding system that allows us to observe the relative influence that the citations had in the various tribunals. After having presented a statistic overview on the citation patterns, the chapter zooms into some specific cases where the CJEU was cited in order to put the citation into context and better understand its significance. Finally, the chapter discusses instances of CJEU impact on Israeli regulation, not case law, namely in the field of competition law, sports (the Bosman case), and privacy (‘the right to be forgotten’).

The goal of the research is to substantiate the necessity for more efficient usage of the state economic policy measures to ensure the fulfillment of Ukraine’s integration potential. Successful revision and implementation of tariff and non-tariff instruments should be aimed at better foreign trade regulation resulting in domestic producers protection on the Ukrainian market, their competitiveness enhancement on the world markets, as well as the growth of the national economy and the improvement of the well-being of the Ukrainian citizens. To achieve the goal, the following tasks are solved: 1) to reveal the essence of the high-quality foreign economic policy as the key factor for improving the competitiveness of the national economy taking into account the strategic goals, indicated in the National Economic Strategy for the period up until 2030, approved by the Cabinet of Ministers of Ukraine; 2) to summarize the theoretical-methodological and organizational-practical aspects of the use of a wide range of protective trade policy measures by various countries in order to capture new markets and to strengthen their positions on the already captured ones in the context of trade wars and integration processes development; to underline that the economic policy of Ukraine is to be more flexible and responsive to challenges caused by the geo-economic processes; 3) to analyze the formation of the integration potential of Ukraine in view of all the free trade agreements (FTAs), concluded since the country’s independence; to identify the obstacles on the way to fullfilling Ukraine’s integration potential and to justify the need to revise, deepen, expand, or abandon some FTAs; 4) to determine the prospects for Ukraine’s integration potential realization as the prospective member of the European Union (EU), to examine the possibilities of expanding the geographical presence of the Ukrainian products, paying special attention to the trade agreements, concluded by the EU, especially with countries and regional blocks in Asia and Africa where Ukraine’s exports are to be increased according to the calculations. Obtaining the status of a full member of the EU opens up for Ukraine the possibilities of its inclusion in all those agreements concluded by the EU. However, in the case of Ukraine’s joining the EU, the consequence is that all agreements signed by Ukraine before obtaining the EU membership, upon accession to the EU, will either acquire the status of the EU agreements or lose legal force. Still, before becoming a full member of the EU, Ukraine can conclude FTAs guided by its own interests. Therefore, state power authorities, accountable institutions, all responsible for carrying out foreign trade policy, should use the opportunities to defend the interests of the national producers during the revision of the concluded FTAs, the negotiations before signing new FTAs, as well as during the revision of the conditions of membership in the World Trade Organization. The new state economic policy is to be taken more seriously in terms of its practical implementation.

Abstract The large and growing share of the foreign-born population in industrialized countries has triggered a heated debate on the determinants and impact of immigration. In many OECD countries, foreign-born workers exceed 5 percent of the labor force and this level has been increasing (OECD, 1999). A large earnings gap between developed and developing countries, demographic factors such as low fertility and shrinking developed country population, low transportation costs and porous borders suggest that immigration pressures are likely to remain high. An enlarging European Union faces immigration from Central and Eastern European countries joining the European Union in stages. Despite the large earnings gap between developed and developing countries at all skill levels, migration has not been massive due to immigration quotas, the cost of migration and preferences for living in the source country.

With the collapse of communism, some former communist States of Eastern Europe managed to muddle through their way to a market economy and entered the European Union. This brought about the acceleration of Foreign Direct Investment (FDI) among the European economies and accelerated the globalization process. Although there is plenty of research on FDI and trade among countries, the aim of this chapter is to analyze how trade between Portugal and the Czech Republic have evolved over form 2000 until 2015. The chapter seeks to complement previous studies on FDI and trade as Portugal and the Czech Republic are part of the European Union, but have had different historical, cultural, and economic paths. The main conclusion of the chapter is that trade between both countries has grown significantly. The main reason affecting trade between both countries is the economic unrest Portugal has been through since 2008.

This chapter deals with application of Data Envelopment Analysis (DEA) method to multicriteria performance evaluation of the European Union' (EU) Member States in the reference period 2000-2015. The productivity of the EU countries can be seen as the source of national performance and subsequent international competitiveness. International trade, as a major factor of openness, has an increasingly significant contribution to economic growth and thus for competitiveness. The aim of the chapter is to analyse level of productive potential achieved by the EU Member States. The results confirm the heterogeneity that exists among the EU Member States as well as in the trade area. While the calculations show that productivity growth of foreign trade was significant in the case of the entire EU, but the significance of productivity in foreign trade was not the same in the case of individual countries.

The Eurasian Economic Community (EEC) is an international organization that has been created by five Commonwealth of İndependent States countries (Belarus, Kazakhstan, Kyrgyzstan, Russia and Tajikistan) on October 10th,2000. The object of this organization was promote the creation of a customs union and the common economic space. After ten years in 2010, three countries (Belarus, Russia and Kazakhstan) made a custom union agreement as a second step. And the target is to establish a common economic space by 1 January 2012, a single market for goods, investment and labor. This custom union creates a common market of 170 million people with a $2 trillion economy, $900 billion trade and 90 billion barrels of oil reserves. &#x0D; This three countries have a strategic geopolitical position, rich producer goods reserves:especially oil and natural gas. The economic structure of this three countries can be explain as consumer goods importer, producer goods exporter. This is the exact opposite of European Union economic structure. &#x0D; Therefore, this paper argues that The Eurasian Economic Community would be a good foreign trade market alternative of EU for Turkey. Hence this paper tries to analyse the trade opportunities of this market for Turkey’s export. This paper based on the statistical foreign trade datas of relevant countries.

In recent years, structure of world trade is transformed to intra-industry trade (IIT) that is defined as the import and export of similar commodities. The transformation of foreign trade structure has led to increase either theoretical or empirical studies on IIT. A large part of the empirical studies on international trade deals with gravity model for explaining the determinants of foreign trade. According to gravity model, trade between countries, is affected negatively to the distance between them and positively to the size of the country. Similar statements can be used in terms of the determinants of IIT. Therefore, this study will be carried out determinants of IIT with using the gravity model.&#x0D; In this paper, determinants of intra-industry trade in manufacturing sectors between Turkey and European Union (EU) 15 countries will be estimated by panel data regression analysis in 1996-2013 periods. The results of this study indicate that market size and foreign direct investments have positive effects and distance between countries and real effective exchange rate have negative effects on Turkey’s manufacturing sector IIT with EU 15.

The aim of the research is to explore the development of trade relations between the Visegrád countries and their major Western European partners since accession to the European Union. The topic is currently an important one, as the Visegrád region is highly dependent on Western European countries, especially in the area of foreign trade. The research analyzed how the 2008-2009 global economic crisis and the subsequent sovereign debt crisis in Europe affected these trade relationships, i.e. did it cause significant changes in levels of relationship and/or trends. To answer this question, this paper used a time-series analysis method called Interrupted Time Series Analysis. As a result, statistically significant changes in the level and trend of foreign trade relations between the Visegrád countries and their Western European partners were detected. Finally, a more detailed breakdown of product groups also revealed which product groups are most responsible for slowing down the growth of trade relations.

According to the general theory, it is recognized that exports increase employment. Recently, in the world economy, increasing unemployment, foreign trade of the impact on employment has led to new research. Many of the aforementioned studies validating the theory, some of them have different results. In recent studies in Turkey was a different result. In this study, Turkey and the European Union countries in terms of trade effect on employment will be examined. For this purpose, employment and foreign trade data for the years 2000-2012 using a panel data analysis will be done. Exports, imports, wages, and production depending on the change in employment and the interaction will be investigated. Depending on available data at the sectoral level, there will be a distinction. Especially in the last ten years, the recession and rise in unemployment in Europe will be discussed with the relevant dynamics. In Turkey, the current account deficit, growth, unemployment issues are noteworthy. European Union accession process, Turkey and the European Union countries in the comparison will be significant in the economic indicators.

Foreign exchange risk is one of the main factors affecting foreign trade and foreign investment activities. The exchange rate instability in the Eurasian Economic Union members and in Turkey, which is one of the Union’s major economic partners, constitutes one of the major economic problems. This situation inevitably affects the foreign economic relations of the countries. Therefore, the leaders of most countries such Turkey and Russia are encouraging to use national currencies in economic relations to reduce the dependence on the dollar, to provide stability in the foreign exchange market and to reduce the risk of exchange rate. One of the basic conditions for the success of these initiatives is the stability of exchange rates between national currencies. This study examines the fluctuations of exchange rates among national currencies of EAEU members and Turkey. The ERM implementation of the European Union and its applicability will be discussed as a solution.

The new legal regulation included in the regulation (EU) 2019/452 of the European Parliament and of the Council of 19 March 2019 establishes a framework for the screening of foreign direct investments from the third countries into the Union on the ground of security or public order. The paper focuses on the screening mechanisms designed for the screening of the foreign direct investments and their possible form according to the draft of the Foreign Invest ment Screening Act.

Historically, most of the energy need is provided by carbon-intensive primary energy sources. Especially, since the 1970s, this circumstance has exposed two major issues. Firstly, primary energy sources are one of the most significant contributors to climate change since they significantly increase greenhouse gas emissions. Secondly, the fact that primary energy sources are non-renewable, and their limited reserves have recently caused unexpected price movements in energy prices. This situation creates conditions that cause crises, jeopardizes the security of energy supply, and threatens production and social living. In this context, the increased awareness of climate change and the energy shocks experienced put renewable energy sources instead of primary energy sources on the agenda.&#x0D; Renewable energy sources are particularly substantial for Turkey and the European Union (EU). Because Turkey and the EU meet most of their energy needs through imports. By being directly affected by rapid fluctuations in the pricing of energy resources, this circumstance can cause countries to experience issues such as foreign trade imbalance, energy supply security, inflation, and economic slowdown. In this scenario, it is crucial for Turkey and the EU to adopt renewable energy sources to continue economic growth. The purpose of this study is to determine the relationship between the installed renewable energy power capacity of electricity generation with foreign trade balance and the economic growth of Turkey and EU countries from 2000 to 2020. In this context, it is intended to conduct a Panel Granger Causality test using data gathered from the IRENA and World Bank databases.&#x0D;

In the recent years, Central and Eastern Europe Countries-10 (CEEC-10) countries are implementing policies for developing in international trade relations and these countries are relatively small and open economies. On the other hand, they increase both provide a dynamic increase in exports and export market share, to facilitate the European Union (EU) and their activities to integrate into world trade.&#x0D; The purpose of this study, with CEEC-10 of Turkey’s sectoral export growth rates decomposes into extensive and intensive margins. Also intensive margin decomposes into price and quantity components. By building on the methodology pioneered by Feenstra (1994) and Hummels and Klenow (2005) and then “the decomposition of export growth rates” method developed by Bingzhan (2011). Intensive margin is the growth in products that were exported in both periods. Extensive margin is the growth in product variety or new trade partners. In the empirical part of the study were used the BACI international trade database from CEPII. The database provides the export values and quantities for Turkey to CEEC-10 at the Harmonized System’s (HS96) six-digit level over period 2006 to 2013.&#x0D; Foreign trade activities of countries is an important channel both to gain of international qualification and to the realization of economic growths and/ or in terms of sustainability of the current growth rates. According to results of a study, with CEEC-10 Turkey’s export is mainly explained generally by the quantity growth rather than price growth. In other words, export growth carries with the low added value product.

In this study, the structure and level of intra-regional trade in Economic Cooperation Organization (ECO), which is a movement of regional cooperation founded in the Western and Central Asia region, has been analyzed. In ECO, with a share below its potential at the world trade, intra-regional trade is low relative to other regional integrations such as the European Union. However, the volume of intra-regional trade in the region countries, except a few countries, tend to increase in recent years. In this study, as a result of the evaluation made by the indices calculated, it was found that the region countries is in the position of more complementary economies in context of foreign trade; the countries has generally a high trade intensity with its neighbors; intra-industry trade in the region is at low level. As a result, although the level and structure of intra-regional trade in ECO region seems to be disincentive for the transformation to regional integration as of today, recent developments suggest that this obstacle will gradually diminish in the future. In addition, if some of advantages and potential of the region in terms of regional integration can be valued it does not seem very difficult to reach more advanced stages of integration for this cooperation movement.

This document is part of a series of papers commissioned by the Inter-American Development Bank for the Regional Policy Dialogue. The paper basically discusses the macroeconomic impacts of trade agreements between Latin American countries and the United States, whether they be bilateral or a result of the creation of a Free Trade Agreement of the Americas (FTAA). Taking into account that the greater impact of a trade agreement in the Western Hemisphere is linked to the participation of the United States, it is especially useful to analyze the experience of agreements which include countries that contrast strongly with regards to their relative development. Included in this category are "North-South" agreements or "North-North" agreements that include countries that are very different in regards to their relative development. NAFTA and the expansion of the European Union to include Eastern countries belong to the first category and the impact of the European Union on countries like Spain, Portugal, Greece and Ireland belong in the second. This is the latest version available.

Since the turn of the century, Japan has relied on domestic pork production to supply around half of its pork consumption. In part, this production has been aided by import barriers that have helped shield domestic pork producers from foreign competition. Between 2018 and 2021, Japan ratified trade agreements with the United States, European Union, United Kingdom, and Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) countries that will virtually eliminate these import barriers by 2028. With essentially all of Japan’s pork imports coming from these trade agreement partners, Japan’s pork market could change considerably in the next 6 years, with imports taking a larger share of domestic consumption. For the United States, this change is estimated to lead to an additional $281 million worth of pork exports to Japan. This report uses a global economic model to estimate the impacts of these trade agreements. Results from the Global Trade Analysis Project (GTAP) model suggest that when the trade agreements are fully implemented in 2028, there could be a 3.6- to 13.9- percent increase in pork imports into Japan in 2028 relative to 2018 levels. This increased exposure to foreign competition could also reduce Japan’s pork production between 4.2 and 11.8 percent

The internet and digital technologies are upending global trade. Industries and supply chains are being transformed, and the movement of data across borders is now central to the operation of the global economy. Provisions in trade agreements address many aspects of the digital economy – from cross-border data flows, to the protection of citizens’ personal data, and the regulation of the internet and new technologies like artificial intelligence and algorithmic decision-making. The UK government has identified digital trade as a priority in its Global Britain strategy and one of the main sources of economic growth to recover from the pandemic. It wants the UK to play a leading role in setting the international standards and regulations that govern the global digital economy. The regulation of digital trade is a fast-evolving and contentious issue, and the US, European Union (EU), and China have adopted different approaches. Now that the UK has left the EU, it will need to navigate across multiple and often conflicting digital realms. The UK needs to decide which policy objectives it will prioritise, how to regulate the digital economy domestically, and how best to achieve its priorities when negotiating international trade agreements. There is an urgent need to develop a robust, evidence-based approach to the UK’s digital trade strategy that takes into account the perspectives of businesses, workers, and citizens, as well as the approaches of other countries in the global economy. This working paper aims to inform UK policy debates by assessing the state of play in digital trade globally. The authors present a detailed analysis of five policy areas that are central to discussions on digital trade for the UK: cross-border data flows and privacy; internet access and content regulation; intellectual property and innovation; e-commerce (including trade facilitation and consumer protection); and taxation (customs duties on e-commerce and digital services taxes). In each of these areas the authors compare and contrast the approaches taken by the US, EU and China, discuss the public policy implications, and examine the choices facing the UK.

Realities such as the COVID-19 pandemic have expedited the move to online operations, highlighting the undeniable fact that the world is continuing to go digital. This emphasises the need for policymakers to regulate in a manner that allows them to harness digital trade benefits while also avoiding associated risk. However, given that digital trade remains unco-ordinated globally, with countries adopting different approaches to policy issues, national regulatory divergence on the matter continues, placing limits on the benefits that countries can obtain from digital trade. Given these disparities, ahead of the African Continental Free Trade Area (AfCFTA) Phase II Negotiations, African countries have been considering the best way to harmonise regulations on issues related to digital trade. To do this effectively, AfCFTA members need to identify where divergencies exist in their domestic regulatory systems. This will allow AfCFTA members to determine where harmonisation is possible, as well as what is needed to achieve such harmonisation. This report analyses the domestic regulations and policies of four focus countries – South Africa, Nigeria, Kenya and Senegal – comparing their regulatory approaches to five policy issues: i) regulation of online transactions; ii) cross-border data flows, data localisation, and personal data protection; iii) access to source code and technology transfer; iv) intermediary liability; and v) customs duties on electronic transmissions. The study highlights where divergencies exist in adopted approaches, indicating the need for the four countries – and AfCFTA members in general – to carefully consider the implications of the divergences, and determine where it is possible and beneficial to harmonise approaches. This was intended to encourage AfCFTA member states to take ownership of these issues and reflect on the reforms needed. As seen in Table 1 below, the study shows that the four countries diverge on most of the five policy issues. There are differences in how all four countries regulate online transactions – that is, e-signatures and online consumer protection. Nigeria was the only country out of the four to recognise all types of e-signatures as legally equivalent. Kenya and Senegal only recognise specific e-signatures, which are either issued or validated by a recognised institution, while South Africa adopts a mixed approach, where it recognises all e-signatures as legally valid, but provides higher evidentiary weight to certain types of e-signatures. Only South Africa and Senegal have specific regulations relating to online consumer protection, while Nigeria and Kenya do not have any clear rules. With regards to cross border data flows, data localisation, and personal data protection, the study shows that all four focus countries have regulations that consist of elements borrowed from the European Union (EU) General Data Protection Regulation (GDPR). In particular, this was regarding the need for the data subject's consent, and also the adequacy requirement. Interestingly, the study also shows that South Africa, Kenya and Nigeria also adopt data localisation measures, although at different levels of strictness. South Africa’s data localisation laws are mostly imposed on data that is considered critical – which is then required to be processed within South African borders – while Nigeria requires all data to be processed and stored locally, using local servers. Kenya imposes data localisation measures that are mostly linked to its priority for data privacy. Out of the four focus countries, Senegal is the only country that does not impose any data localisation laws. Although the study shows that all four countries share a position on customs duties on electronic transmissions, it is also interesting to note that none of the four countries currently have domestic regulations or policies on the subject. The report concludes by highlighting that, as the AfCFTA Phase II Negotiations aim to arrive at harmonisation and to improve intra-African trade and international trade, AfCFTA members should reflect on their national policies and domestic regulations to determine where harmonisation is needed, and whether AfCFTA is the right platform for achieving this efficiently.