Category: International Trade Law

Neues aus dem Elfenbeinturm: June 2015

Summer Academy in Global Food Law and Policy

Bilbao, 20-24 July 2015. Deadline for application: 18 June 2015.

Conference “Constructive Links or Dangerous Liaisons? The Case of Public International Law and European Union Law”

Queen Mary University of London, 25-26 June 2015. Registration open.

Critical Legal Conference 2015 “Law, Space and the Political”

University of Wroclaw, 3-5 September 2015. Deadline for paper proposal submission: 30 June 2015.

Call for Papers “5es Journées des Doctorants du Centre de Droit des Migrations”

Muntelier-Leuwenberg, Universities of Bern/Fribourg/Neuchâtel, 26-27 November 2015. Deadline for abstract submissions: 19 August 2015.

Call for Papers for the PhD Forum “Law and Governance in the Digital Era”

University of Amsterdam, 20 November 2015. Deadline for abstract submissions: 4 September 2015.

POMFR: José Luís Da Cruz Vilaça, EU Law and Integration: Twenty Years of Judicial Application of EU Law

By Tim Corthaut

Sometimes a book wins you over, and José Luís Da Cruz Vilaça’s EU Law and Integration: Twenty Years of Judicial Application of EU Law (Oxford/Portland, Hart 2014), is such a book.

I must admit that I had some reservations at first over the concept of the book, which is in essence an overview of the legal career – both as a legal scholar and a judge – of José Luís Da Cruz Vilaça, on the basis of a series of articles on different topics written over the course of two decades. Books like this only stand out if they can avoid three traps. Continue reading

Neues aus dem Elfenbeinturm: December 2014

Call for Papers CJICL 2015 Conference: Developing Democracy – Conversations on Democratic Governance in International, European and Comparative Law

University of Cambridge, 8-9 May 2015. Deadline for paper proposals: 16 January 2015.

Call for Papers: Democratic Standards of and for Free Trade Agreements

Berlin, 24 April 2015. Deadline for paper proposals: 30 January 2015.

Call for Papers: Chasing Criminal Money in the EU: New Tools and Practices?

University of Luxembourg, 15-16 June 2015. Deadline for paper proposals: 31 January 2015.

Neues aus dem Elfenbeinturm: October 2014

Conference “The European Union as an Actor in International Trade and Investment”

University of Oslo, 31 October 2014. Registration still open.

4th Conference of the Postgraduate and Early Professionals/Academics Network of the Society of International Economic Law (PEPA/SIEL) 2015

University of Milan, 16-17 April 2015. Deadline for abstract submissions: 2 November 2014.

Call for Papers : Utrecht Journal of International and European Law – Privacy under International and European Law

Deadline extension (!): 14 November 2014.

Conference “Challenges in the field of economic and financial crime in Europe”

University of Luxembourg, 1-3 December 2014. Deadline for registration: 21 November 2014.

Neues aus dem Elfenbeinturm: July 2014

Workshop Global Administrative Law and the Concept of Law

University of Lisbon Law School, 28 November 2014. Deadline for abstract submissions: 15 August 2014.

Workshop Imagining post-neoliberal regulatory subjectivities

University of Turku, 15-17 October 2014. Deadline for abstract submissions: 15 August 2014.

Trade, Law & Development – Call for submissions

Deadline for manuscript submissions: 17 September 2014.

The boundaries of the development cooperation legal basis: What to make of the Court’s ‘centre of gravity’ test?

By Laurens Ankersmit

In Wednesday’s Grand Chamber judgment C-377/12 Commission v Council, the Court annulled the Council’s decision to sign the Partnership and Cooperation Agreement (PCA) between the European Union and the Republic of the Philippines because the Council had erroneously used a number of legal bases in addition to the development cooperation legal basis of article 209 TFEU and the common commercial policy legal basis of article 207 TFEU. While the outcome of the judgment is not that surprising, the Court’s reasoning is only partly helpful in shedding further light on the principle of conferral and the choice of the correct legal basis for the conclusion of international agreements when an agreement covers a number of policy areas. This is particularly true for agreements in the field of development cooperation, which traditionally covers cooperation in a multitude of fields not only directly linked to poverty reduction. This blogpost will discuss the two seemingly conflicting tests the Court applies when determining the correct legal basis of a measure and which now appear to have been merged into one test.

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The return of the forbidden fruits: Van Parys II on the horizon

Bananas are back on the menu of the Court of Justice of the EU. The court of first instance of Brussels (Interim Decision of 17 May 2013, 196/33/13, in Dutch, not online) decided to refer a preliminary question to Luxembourg concerning the consistency of Council Regulation 1964/2005 regarding import tariffs for bananas with the EU’s obligations under the GATT. Soon the Court is to decide whether to address this question in a regular panel, or instead in a Grand Chamber. This decision itself will signal whether the Court considers this a fresh legal argument warranting scrupulous attention, or regards this simply as old, long-settled questions. In this post, I will argue that authoritative judicial clarifications would indeed be desirable in this case. Continue reading

Commission v. Council: the saga over the scope of the CCP continues

This blogpost concerns probably my favorite EU law topic: the scope of the Common Commercial Policy (CCP). The scope of the CCP as a source of litigation between the Council and the Commission goes way back and most likely will continue to be so for a considerable time. The reasons are quite simple: the Common Commercial Policy is an important foreign policy tool and exclusive EU competence. As such, Member States are not entitled to act within this politically sensitive field. This is different with respect to shared competences of course, which enable Member States – subject to the Treaties – to continue to make policy that is not in violation of existing secondary legislation. In the most recent edition of this feud between the Commission and the Council, the scope of the Common Commercial Policy was at issue vis-à-vis the scope of internal market competences. Litigation in the past has usually evolved around the relationship between trade (art. 207 TFEU) and environment (art. 192 TFEU), so this case is a welcome variant to that strand of case law already explored in the Daiichi Sankyo case (commented here). In this case the Commission won yet another victory against the Council.

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The seal product cases (III): CJEU confirms GC and AG analysis of the concept ‘regulatory act’ in article 263 TFEU

The Grand Chamber today dismissed the appeal by the seal hunters to annul the basic regulation prohibiting the marketing of seal products on the EU internal market. As expected, the CJEU held that the seal hunters lacked standing to challenge a legislative act. This does not mean that the seal hunters will not prevail in the end (although I doubt it), as they have also challenged the Commission implementing Regulation, which will enable them to challenge the basic Regulation too (the decision of the GC in that case can be found here and my comments are here). What makes the judgment worth mentioning here though, is the more general relevance of the Grand Chamber’s interpretation of the concept of a ‘regulatory act’. This concept was introduced with the Lisbon Treaty and was intended to make it easier to challenge EU legal acts which were not of a legislative nature.

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The irony of the international relations exception in the transparency Regulation

If one thing resorts clearly from the ACTA saga, it is that the atmosphere of secrecy in which ACTA was negotiated (required allegedly to enable mutual trust between the parties in the negotiations) completely backfired and deteriorated trust in the European Commission by European citizens and the European Parliament, resulting in ACTA’s ultimate demise. In a case decided yesterday by the General Court this tension between secrecy needed for the effective conduct of negotiations and the right of citizens to be informed was readily apparent in determining whether the Commission was acting lawfully in its decision to refuse access to documents related to those negotiations to European Member of Parliament Sophie in ‘t Veld.

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The seal products cases (I): The notion of ‘regulatory act’ according to AG Kokott

One of the hottest topics in international trade law currently is the seals dispute between the EU and a number of arctic countries, notably Canada and Norway. The dispute has not only given rise to proceedings before the WTO (providing more wood for the ongoing fiery debate on the legality of PPM-measures), but has also found its way to Luxembourg in the form of a number of direct actions for annulment of EU regulations banning trade in seal products.

Today’s Opinion of Advocate General Kokott (Opinion in Case C-583/11P Inuit Tapiriit Kanatami and Others v Parliament and Council) concerns one of those cases. It also concerns one of the most contentious issues in EU law: the locus standi of individuals for a direct action for annulment of EU legal acts (see my previous post on the judgment of the General Court). As is well known, the CJEU has taken a very restrictive stance on the locus standi of non-privileged applicants (that is: individual parties, rather than privileged applicants such as Member States and the EU institutions, as mentioned in the second and third paragraph of article 263 TFEU). The criteria for direct and individual concern are so strict that it is very difficult for individuals to directly challenge EU legal acts. In particular, the requirement for individual concern, also known as the ‘Plaumann formula’ (see the bottom of page 107 in Case 25/62 Plaumann v. Commission), is especially hard for individuals to meet.

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Commission withdraws request for an Opinion on ACTA

The European Commission has decided to withdraw its request for an Opinion of the CJEU on the compatibility of ACTA with EU law, and more specifically the EU Charter of fundamental rights (the decision was allegedly taken on Wednesday’s meeting of the Commission, although we are still waiting for an official press release). As I reported earlier, the admissibility of the request was doubtful in any case. Nonetheless, this is a nice Christmas present from the Commission to the CJEU, which will not have to deal with this political hot potato anymore. Too bad for the academic world I guess; I was quite curious what the CJEU would make of the request.

C-337/09 P Zhejiang Xinan Chemical Industrial Group (Xinanchem)

One of the most interesting and complex issues in international trade over the past decade has been how to deal with the opening Chinese market. As China has become more integrated into international markets and has joined the WTO, its trading partners have sometimes struggled with the non-market aspects of its economy. Industries hard hit by Chinese competition have argued that Chinese interference with its internal market and support for domestic companies amount to unfair trading practices, and that they should consequently be compensated or controlled. Regulators have had sympathy for these concerns, applying trade remedies like countervailing measures and anti-dumping duties to Chinese products. However, this practice has led to counter-accusations of protectionism and discrimination. The recent spate of complaints both by and against China in the WTO is evidence of this struggle.

Last week’s Xinanchem judgment, however, is a significant step along the path toward normalized trade relations between China and the EU. In this case, which Advocate General Kokott called “of fundamental importance for future trade relations between the European Union and a number of dynamic emerging countries, such as the People’s Republic of China” (AG para. 1), the Grand Chamber of the ECJ dismissed the Council’s appeal of a General Court judgment in favor of the Chinese company.

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