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'Ten Years of Modernized European Competition Law in Floris Vogelaar’s Landmark Notes', Issue 1, pp. 1–4 |
info'Ten Years of Modernized European Competition Law in Floris Vogelaar’s Landmark Notes' (2010) 37 Legal Issues of Economic Integration, Issue 1, pp. 1–4 | | Copyright © 2010 Kluwer Law International All rights reserved ISSN: 1566-6573 ID: LEIE2010001 | 
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'The Merger Control Patchwork', Dirk Schroeder, Issue 1, pp. 5–11 |
infoDirk Schroeder, 'The Merger Control Patchwork' (2010) 37 Legal Issues of Economic Integration, Issue 1, pp. 5–11 | | This article discusses the lack of harmonization among European merger control regimes. There are significant differences relating inter alia to the concept of a concentration, the substantive test, remedies, and judicial review. As far as the substantive test is concerned, the chasm is particularly deep between the European Commission’s practice and that of the German Federal Cartel Office. Areas of divergence include the more economic approach, the level at which market shares are considered problematic, the assessment of collective dominance, and the treatment of conglomerate effects. While some feel that ‘the quest for harmonization is quixotic’, the author argues in favour of a level playing field Copyright © 2010 Kluwer Law International All rights reserved ISSN: 1566-6573 ID: LEIE2010002 | 
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'Some Reflections on Resale Price Maintenance', Paul Lugard, Issue 1, pp. 13–23 |
infoPaul Lugard, 'Some Reflections on Resale Price Maintenance' (2010) 37 Legal Issues of Economic Integration, Issue 1, pp. 13–23 | | The proper treatment of resale price maintenance under Article 81 continues to give rise to heated debates. This contribution discusses whether it is correct to continue to treat this type of business conduct as a hardcore restraint under Article 81. It does so in light of the experience gained under Regulation 2790/1999 and national competition law, as well as the judgment of the US Supreme Court in Leegin of 28 June 2007 and the draft regulation and guidelines on vertical restraints published in July 2009. Copyright © 2010 Kluwer Law International All rights reserved ISSN: 1566-6573 ID: LEIE2010003 | 
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'The ‘Binary’ Nature of the Economics of State Aid', Phedon Nicolaides, Ioana Eleonora Rusu, Issue 1, pp. 25–40 |
infoPhedon Nicolaides, Ioana Eleonora Rusu, 'The ‘Binary’ Nature of the Economics of State Aid' (2010) 37 Legal Issues of Economic Integration, Issue 1, pp. 25–40 | | This article reviews the application of the balancing test to determine the compatibility of state aid with the internal market. On the basis of the decisional practice of the Commission so far, this article puts forth two propositions. First, the balancing test does not attempt to reduce the impact of state aid to a single measure of its net effect. Second, the balancing test can better be described as a series of questions, which on the positive side the answers must be yes and on the negative side the answers must be no. This is a ‘binary’ method of assessing the compatibility of state aid. Copyright © 2010 Kluwer Law International All rights reserved ISSN: 1566-6573 ID: LEIE2010004 | 
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'Judicial Accountability and New Governance', Maartje de Visser, Issue 1, pp. 41–60 |
infoMaartje de Visser, 'Judicial Accountability and New Governance' (2010) 37 Legal Issues of Economic Integration, Issue 1, pp. 41–60 | | To many legal analysts, accountability presupposes at least a minimum level of judicial oversight. This article addresses the appropriateness of this belief in the context of new governance. Taking the networked system for the enforcement of European competition and electronic communications law as a case study, it is shown that this mode of governance is at present characterized by a judicial accountability deficit as regards soft law instruments. Thereafter, this article directs a critical inquiry into the desirability and feasibility of introducing judicial oversight, including a cost-benefit analysis to determine the economic prospects of such a development. The analysis reveals that ensuring judicial oversight seems beset with legal difficulties and generates considerable economic cost. Finally, this article examines the possibility of relying on participation of affected interests to achieve the ends pursued by judicial review. Although it cannot be said that participation and judicial review are perfect substitutes or that the former is without problems of its own, in the new governance setting discussed here, participation has good prospects of realizing the more desirable, because efficient, outcome. Copyright © 2010 Kluwer Law International All rights reserved ISSN: 1566-6573 ID: LEIE2010005 | 
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'A Corrupt Way to Handle Corruption? Thoughts on the Recent ICSID Case Law on Corruption', Andreas Kulick, Carsten Wendler, Issue 1, pp. 61–85 |
infoAndreas Kulick, Carsten Wendler, 'A Corrupt Way to Handle Corruption? Thoughts on the Recent ICSID Case Law on Corruption' (2010) 37 Legal Issues of Economic Integration, Issue 1, pp. 61–85 | | It is a well-established practice in international commercial arbitration that tribunals do not accept jurisdiction in disputes that involve corruption. While investment arbitration tribunals endorse such reasoning, the authors challenge the approach. Investment arbitration disputes differ from commercial arbitration disputes in that the Respondent, that is, the Host State, is vested with puissance publique and hence may pursue its interests unilaterally – in contrast to a private entity, it does not need a tribunal to get what it seeks. Moreover, the authors argue that declining jurisdiction is both detrimental from a policy perspective as well as subject to fl awed legal reasoning. Therefore, they seek to promote a balancing of the investors’ responsibilities vis-à-vis corruption with their rights on the merits stage. Only this approach promises both sound legal reasoning and a solution that pursues a policy jointly targeting corruption and conforming with the investment regime’s ultimate goal: to foster economic development by way of protecting investments. ‘There is no kind of dishonesty into which otherwise good people more easily and frequently fall, than that of defrauding the government.’ Benjamin Franklin Copyright © 2010 Kluwer Law International All rights reserved ISSN: 1566-6573 ID: LEIE2010006 | 
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'Tightening the Grip on the Application of Article 81 EC Treaty: The European Court of Justice Guards Its Province', Michael J. Frese, Issue 1, pp. 87–104 |
infoMichael J. Frese, 'Tightening the Grip on the Application of Article 81 EC Treaty: The European Court of Justice Guards Its Province' (2010) 37 Legal Issues of Economic Integration, Issue 1, pp. 87–104 | | Copyright © 2010 Kluwer Law International All rights reserved ISSN: 1566-6573 ID: LEIE2010007 | 
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'The Great Recession and Protectionism', Issue 2, pp. 105–109 |
info'The Great Recession and Protectionism' (2010) 37 Legal Issues of Economic Integration, Issue 2, pp. 105–109 | | Copyright © 2010 Kluwer Law International All rights reserved ISSN: 1566-6573 ID: LEIE2010008 | 
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'Of Empty Glasses and Double Burdens: Approaches to Regulating the Services Market à propos the Implementation of the Services Directive', Marcus Klamert, Issue 2, pp. 111–132 |
infoMarcus Klamert, 'Of Empty Glasses and Double Burdens: Approaches to Regulating the Services Market à propos the Implementation of the Services Directive' (2010) 37 Legal Issues of Economic Integration, Issue 2, pp. 111–132 | | The Services Directive had to be implemented into national laws by the end of 2009. This paper will start by briefly addressing some salient issues concerning this obligation and compare a selection of Member States on how they have coped with them. The Services Directive moreover gives occasion for discussing the instruments the Community legislator has at its disposal to regulate the provision of services in the European Union. We will distinguish home state rule in the form of the country of origin principle from host state rule in the shape of the general prohibition of restrictions. The dogmatic difference between these regulatory models provided in the Commission’s proposal and in final version of the Services Directive respectively will be examined. We will furthermore distinguish harmonization from mutual recognition and discuss both in light of the legality of the Services Directive. This paper concludes by submitting the key features each regulatory model should be associated with in order to foster conceptual and terminological clarity in this important area. However, it is also shown that the boundaries between the instruments examined are rather blurred. Copyright © 2010 Kluwer Law International All rights reserved ISSN: 1566-6573 ID: LEIE2010009 | 
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'Continuity and Change in the EU Regulatory Framework on GMOs, after the WTO Dispute on ‘Biotech Products’', Sara Poli, Issue 2, pp. 133–148 |
infoSara Poli, 'Continuity and Change in the EU Regulatory Framework on GMOs, after the WTO Dispute on ‘Biotech Products’' (2010) 37 Legal Issues of Economic Integration, Issue 2, pp. 133–148 | | This article assesses to what extent the EU regulation of genetically modified organisms (GMOs) has changed after the release of the Panel’s decision on the biotech dispute and the impact that the Community’s way of implementing the biotech reports has on the Agreement on Sanitary and Phytosanitary Measures (SPS Agreement). The author contends that currently in the EU regulatory framework on GMOs there are both elements of change and continuity with respect to the situation pre-dating the World Trade Organization (WTO) biotech dispute. She further argues that in implementing the biotech reports the EU may have weakened the function of the SPS Agreement as a sword against trade restrictive measures, which are not supported by scientific evidence. Yet, if we take the view that the SPS Agreement should be intended to bite only vis-à-vis purely protectionist measures, the EU’s handling of the biotech dispute does not really defeat this purpose of the SPS Agreement. Copyright © 2010 Kluwer Law International All rights reserved ISSN: 1566-6573 ID: LEIE2010010 | 
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'To Visa or Not to Visa: That Is the (Only) Question, or Is It? – Case C-228/06, Mehmet Soysal and Ibrahim Savatli v. Bundesrepublik Deutschland [2009] ECR I-1031', İlke Göçmen, Issue 2, pp. 149–162 |
infoİlke Göçmen, 'To Visa or Not to Visa: That Is the (Only) Question, or Is It? – Case C-228/06, Mehmet Soysal and Ibrahim Savatli v. Bundesrepublik Deutschland [2009] ECR I-1031' (2010) 37 Legal Issues of Economic Integration, Issue 2, pp. 149–162 | | Copyright © 2010 Kluwer Law International All rights reserved ISSN: 1566-6573 ID: LEIE2010011 | 
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'Recent Development of the Special Treatment under the EU Anti-dumping Law – Case T-498/04, Zhejiang Xinan Chemical Industrial Group v. Council, delivered on 17 June 2009; Case T-299/05, Shanghai Excell M&E Enterprise and Shanghai Adeptech Precision v. Council, delivered on 18 March 2009; Case T-1/07, Apache Footwear Ltd and Apache II Footwear Ltd (Qingxin) v. Council, delivered on 9 December 2009', Michelle Q. Zang, Issue 2, pp. 163–176 |
infoMichelle Q. Zang, 'Recent Development of the Special Treatment under the EU Anti-dumping Law – Case T-498/04, Zhejiang Xinan Chemical Industrial Group v. Council, delivered on 17 June 2009; Case T-299/05, Shanghai Excell M&E Enterprise and Shanghai Adeptech Precision v. Council, delivered on 18 March 2009; Case T-1/07, Apache Footwear Ltd and Apache II Footwear Ltd (Qingxin) v. Council, delivered on 9 December 2009' (2010) 37 Legal Issues of Economic Integration, Issue 2, pp. 163–176 | | As one of the biggest users of anti-dumping actions, the EU has established a rather complicated regime in this area. Despite the conventional division between market and non-market economies (NME), it further develops a separated approach towards economies in transition. These special treatments under EU anti-dumping proceedings have been exhaustively explored in academia in terms of the investigation approaches and practice engaged by the European Commission. However, the importance of a systematic analysis on the jurisprudence of the European Court cannot be overestimated. It not only indicates the issue of admissibility and the chance of successful legal challenges by the private parties, more importantly, it may also signal the direction of policy development in the future. Copyright © 2010 Kluwer Law International All rights reserved ISSN: 1566-6573 ID: LEIE2010012 | 
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'Network-Based Governance in EC Law: The Example of EC Competition and EC Communications Law, by Maartje de Visser', J.F. Appeldoorn, Issue 2, pp. 177–179 |
infoJ.F. Appeldoorn, 'Network-Based Governance in EC Law: The Example of EC Competition and EC Communications Law, by Maartje de Visser' (2010) 37 Legal Issues of Economic Integration, Issue 2, pp. 177–179 | | Copyright © 2010 Kluwer Law International All rights reserved ISSN: 1566-6573 ID: LEIE2010013 | 
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'Scratch the Currency and You Will Find the Deal', Issue 3, pp. 181–183 |
info'Scratch the Currency and You Will Find the Deal' (2010) 37 Legal Issues of Economic Integration, Issue 3, pp. 181–183 | | Copyright © 2010 Kluwer Law International All rights reserved ISSN: 1566-6573 ID: LEIE2010014 | 
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'WTO DSB Decisions in the EC Legal Order: Approach of the Community Courts', Oksana Tsymbrivska, Issue 3, pp. 185–202 |
infoOksana Tsymbrivska, 'WTO DSB Decisions in the EC Legal Order: Approach of the Community Courts' (2010) 37 Legal Issues of Economic Integration, Issue 3, pp. 185–202 | | This article examines the position of the Community courts on the issue of the internal effect of the World Trade Organization Dispute Settlement Body (WTO DSB) decisions in the EC legal order from the Biret cases to the Van Parys case, as well as the arguments that were accepted as a basis for it. Moreover, it focuses on the extent to which WTO DSB decisions are binding on the European Court of Justice (ECJ). On the basis of a detailed analysis of the relevant case law of the Community courts, it is argued that the DSB decisions do not have direct effect in the EC legal order, however still remain binding on the EC as a party to the particular WTO disputes. Copyright © 2010 Kluwer Law International All rights reserved ISSN: 1566-6573 ID: LEIE2010015 | 
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'The Proposed Australia-China FTA: Protectionism over Complementarity?', M. Rafiqul Islam, Md Rizwanul Islam, Issue 3, pp. 203–219 |
infoM. Rafiqul Islam, Md Rizwanul Islam, 'The Proposed Australia-China FTA: Protectionism over Complementarity?' (2010) 37 Legal Issues of Economic Integration, Issue 3, pp. 203–219 | | This article deals with the proposed high-profile Australia-China Free Trade Agreement (FTA). It recognizes their economic complementarities for an FTA. However, their negotiations reveal many competing interests, militating against an FTA. If political enthusiasm succeeds in concluding this FTA, it is likely to fall short of delivering the projected economic benefits. This FTA will possibly be an inward looking discriminatory trading arrangement with exclusive preference to each other in selective sectors and protection against non-members, inconsistent with Article XXIV of the General Agreement on Tariffs and Trade (GATT). Such protectionist obsessions have become an obstructive alternative to multilateral nondiscriminatory trade rendering it more onerous and less viable. Concluding such an FTA, at a time when World Trade Organization (WTO) Panels and Appellate Body (AB) are increasingly dealing with FTA disputes, may result in a legal challenge. The booming Australian and Chinese export sectors need open global markets to maximize their full trade potentials, which can be achieved through the completion of the Doha Round. Copyright © 2010 Kluwer Law International All rights reserved ISSN: 1566-6573 ID: LEIE2010016 | 
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'The Trans-Pacific Strategic Economic Partnership Agreement: A Critical Analysis', Henry Gao, Issue 3, pp. 221–240 |
infoHenry Gao, 'The Trans-Pacific Strategic Economic Partnership Agreement: A Critical Analysis' (2010) 37 Legal Issues of Economic Integration, Issue 3, pp. 221–240 | | When the Trans-Pacific Strategic Economic Partnership Agreement (TPP Agreement or P4 Agreement) was signed in 2005, it was hailed as a ‘high-standard’ agreement that could serve as a model for Free Trade Agreements (FTAs) within the Asia-Pacific region. This claim seems to have received support from recent events, such as the launch of the accession negotiation by the US and the expression of interests from a host of other countries. This article provides a critical analysis on whether the TPP Agreement is a ‘high-standard’ agreement as its members have claimed. After comparing it with other FTAs, this article notes that the P4 Agreement does not distinguish itself among FTAs and has failed to provide higher market access concessions or stricter disciplines on protectionist policies. This is followed by a discussion on the possible factors that might explain the mismatch between the rhetoric and reality of the P4 Agreement. This article concludes by considering how the P4 Agreement could be re-engineered to fulfil its original expectations. Copyright © 2010 Kluwer Law International All rights reserved ISSN: 1566-6573 ID: LEIE2010017 | 
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'Case C-386/08, Brita GmbH v. Hauptzollamt Hamburg-Hafen Judgment of the European Court of Justice of 25 February 2010', Pieter Jan Kuijper, Issue 3, pp. 241–251 |
infoPieter Jan Kuijper, 'Case C-386/08, Brita GmbH v. Hauptzollamt Hamburg-Hafen Judgment of the European Court of Justice of 25 February 2010' (2010) 37 Legal Issues of Economic Integration, Issue 3, pp. 241–251 | | Copyright © 2010 Kluwer Law International All rights reserved ISSN: 1566-6573 ID: LEIE2010018 | 
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'China and Cultural Products at the WTO – WTO Appellate Body Report, China – Measures Affecting Trading Rights and Distribution Services for Certain Publications and Audiovisual Entertainment Products (China – Publications and Audiovisual Products), WT/DS363/AB/R (circulated 21 December 2009, adopted 19 January 2010)', Tania Voon, Issue 3, pp. 253–259 |
infoTania Voon, 'China and Cultural Products at the WTO – WTO Appellate Body Report, China – Measures Affecting Trading Rights and Distribution Services for Certain Publications and Audiovisual Entertainment Products (China – Publications and Audiovisual Products), WT/DS363/AB/R (circulated 21 December 2009, adopted 19 January 2010)' (2010) 37 Legal Issues of Economic Integration, Issue 3, pp. 253–259 | | Copyright © 2010 Kluwer Law International All rights reserved ISSN: 1566-6573 ID: LEIE2010019 | 
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'Foreign Direct Investment: The First Test of the Lisbon Improvements in the Domain of Trade Policy', Issue 4, pp. 261–272 |
info'Foreign Direct Investment: The First Test of the Lisbon Improvements in the Domain of Trade Policy' (2010) 37 Legal Issues of Economic Integration, Issue 4, pp. 261–272 | | Copyright © 2010 Kluwer Law International All rights reserved ISSN: 1566-6573 ID: LEIE2010020 | 
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'The ‘Cultural’ Criterion in the European Commission’s Assessment of State Aids to the Audio-Visual Sector', Evangelia Psychogiopoulou, Issue 4, pp. 273–291 |
infoEvangelia Psychogiopoulou, 'The ‘Cultural’ Criterion in the European Commission’s Assessment of State Aids to the Audio-Visual Sector' (2010) 37 Legal Issues of Economic Integration, Issue 4, pp. 273–291 | | According to the 2001 Cinema Communication, in order to benefit from the cultural state aid derogation of Article 107(3)(d) of the Treaty on the Functioning of the European Union (TFEU), state aid schemes for audio-visual creation must target content that qualifies as ‘cultural’ on the basis of ‘verifiable’ national criteria. The purpose of this article is to examine the Commission’s practice with respect to the enforcement of the cultural criterion of the Cinema Communication and to explore its effects for Member States’ cultural policies. This article argues that despite rhetoric assertions that definitional matters are for the Member States to deal with, a more restrictive control of the cultural criteria Member States are required to devise in order to authenticate audiovisual works as cultural products takes place from the mid-2000s onwards, curtailing national cultural autonomy. This is mainly due to a constrained interpretation of the concept of culture under the European Union (EU) state aid rules, which leads to inconsistent EU intervention in the audio-visual field. Copyright © 2010 Kluwer Law International All rights reserved ISSN: 1566-6573 ID: LEIE2010021 | 
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'How Well Does the European Legal Test for Predation Go with an Economic Approach to Article 102 TFEU?', Liza Lovdahl Gormsen, Issue 4, pp. 293–304 |
infoLiza Lovdahl Gormsen, 'How Well Does the European Legal Test for Predation Go with an Economic Approach to Article 102 TFEU?' (2010) 37 Legal Issues of Economic Integration, Issue 4, pp. 293–304 | | This article questions how well the legal test for predatory pricing, part of which relies on the subjective intent of dominant undertakings, goes with the Commission’s devotion to an economic approach in enforcing Article 102 Treaty on the Functioning of the European Union (TFEU). To answer that question, this article examines the rationale behind the legal test of predation and considers the presumptions laid down in AKZO. The focus will, in particular, be on the presumption of abuse where a dominant undertaking price is above average variable cost (AVC) but below average total cost (ATC) and where there is evidence of a plan to eliminate a competitor. It also considers whether the Commission uses intent as evidence in other areas than predation when enforcing Article 102 TFEU. A part of the legal test for predation is recoupment, so this article includes a discussion of the presumption of likely recoupment. Copyright © 2010 Kluwer Law International All rights reserved ISSN: 1566-6573 ID: LEIE2010022 | 
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'Predatory Pricing in China: In Line with International Practice?', Adrian Emch, Gregory K. Leonard, Issue 4, pp. 305–316 |
infoAdrian Emch, Gregory K. Leonard, 'Predatory Pricing in China: In Line with International Practice?' (2010) 37 Legal Issues of Economic Integration, Issue 4, pp. 305–316 | | China’s Anti-Monopoly Law (AML) prohibits a dominant company from selling products at prices below cost without legitimate reasons. Chinese antitrust agencies and courts have provided some signals as to how they will enforce the predatory pricing provision in the AML and similar provisions in other laws. For example, in 2009, the National Development and Reform Commission (NDRC) circulated for comments a draft regulation implementing aspects of the AML, including its predatory pricing provision. However, all in all, the law on predatory pricing is still relatively undeveloped in China at this stage. As US and EU courts have long dealt with the fundamental questions raised by predatory pricing claims, we assess the existing and draft rules in China against the backdrop of US and EU jurisprudence. We focus in particular on four factors: existence of dominance/monopoly power; definition of the benchmark used in a cost test; injury to competition; and absence of pro-competitive justifications. Copyright © 2010 Kluwer Law International All rights reserved ISSN: 1566-6573 ID: LEIE2010023 | 
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'The Free Movement of Goods, the Overseas Countries and Territories, and the EU’s Outermost Regions: Some Problematic Aspects', Alina Tryfonidou, Issue 4, pp. 317–338 |
infoAlina Tryfonidou, 'The Free Movement of Goods, the Overseas Countries and Territories, and the EU’s Outermost Regions: Some Problematic Aspects' (2010) 37 Legal Issues of Economic Integration, Issue 4, pp. 317–338 | | This article will analyse how the European Union (EU)’s prohibitions on the imposition of customs duties and quantitative restrictions are applied to goods that move between the EU and its regions, countries, and territories that are situated away from continental Europe. The main aim will be to identify some of the problems and difficulties that emerge as a result of the way that the EU and its Member States have decided to delimit the scope of these prohibitions in this context and to consider possible solutions. Copyright © 2010 Kluwer Law International All rights reserved ISSN: 1566-6573 ID: LEIE2010024 | 
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'Assessing Labour and Environmental Regimes in Regional Trading Arrangements', Kamala Dawar, Issue 4, pp. 339–373 |
infoKamala Dawar, 'Assessing Labour and Environmental Regimes in Regional Trading Arrangements' (2010) 37 Legal Issues of Economic Integration, Issue 4, pp. 339–373 | | This article examines environmental and labour regimes in twenty-eight leading regional trade agreements (RTAs). It identifies the different legal regimes regulating labour and the environment within the territories of the parties to these regional agreements. To produce a comparative assessment of the scope and strength of these regimes, the research uses a multidimensional method of legal analysis. This article argues that as the impact of other international law sources in the World Trade Organization (WTO), including labour and environmental law seems to be narrowing, labour and the environment regulation within RTAs is expanding. These ‘behind-the-border’ regulatory commitments are made more enforceable when they are linked to trade agreements because trade retaliatory measures are potentially permitted in the event of non-compliance. This article concludes that despite the shift towards including labour and environmental regulation within RTAs, there are strict limits to how far these regimes can promote these issues. This has implications for the use of RTAs as a forum for this type of regime. Copyright © 2010 Kluwer Law International All rights reserved ISSN: 1566-6573 ID: LEIE2010025 | 
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'Preliminary References to the European Court of Justice, by Morten Broberg and Niels Fenger', Dimitry Kochenov, Issue 4, pp. 375–378 |
infoDimitry Kochenov, 'Preliminary References to the European Court of Justice, by Morten Broberg and Niels Fenger' (2010) 37 Legal Issues of Economic Integration, Issue 4, pp. 375–378 | | Copyright © 2010 Kluwer Law International All rights reserved ISSN: 1566-6573 ID: LEIE2010026 | 
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'Subject Index', Issue 4, pp. 379–386 |
info'Subject Index' (2010) 37 Legal Issues of Economic Integration, Issue 4, pp. 379–386 | | Copyright © 2010 Kluwer Law International All rights reserved ISSN: 1566-6573 ID: LEIE2010027 | 
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'Article Index', Issue 4, pp. 387–390 |
info'Article Index' (2010) 37 Legal Issues of Economic Integration, Issue 4, pp. 387–390 | | Copyright © 2010 Kluwer Law International All rights reserved ISSN: 1566-6573 ID: LEIE2010028 | 
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