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EU Law - WTO Flashcards

1
Q

Articles 2 Technical Barriers to Trade Agreement

A

Focuses on regulation not ‘more trade-restrictive than necessary to fulfil a legitimate objective’

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2
Q

CETA

A

EU-Canada Comprehensive Economic Trade Agreement

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3
Q

TTIP

A

Transatlantic Trade and Investment Partnership

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4
Q

Annex 2 EU Reformed Approach

A

Elaborate rules on independence and ethics of proposed new investment court system

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5
Q

Function of appeals tribunal under EU reformed approach

A

Deal with interpretation and application of law, and when first instance court said to have made a manifest error in appreciation of the facts

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6
Q

Who called the appellate body in the dispute settlement of WTO the ‘World Trade Court’?

A

Eeckhout

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7
Q

Article 3(2) EU Reformed Approach

A

Fair and equitable treatment exhaustive list will be set out

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8
Q

EU exclusive competence in common external trade policy

A

Article 207 TFEU

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9
Q

What is an issue with the Tecmed judgment?

A

Ad infinitum - M can never legislate

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10
Q

EU hormones case general

A

Growth hormones cattle

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11
Q

How do ISDS lack consistency?

A

Interpretative autonomy, especially considering lack of appeals mechanism

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12
Q

How did Antigua try to hit back in Antigua-US WTO Dispute over Gambling, despite weakness of Article 22(2)

A

Refused to comply with intellectual property law

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13
Q

What are the two agreements made in the EU under new competence given by Lisbon Treaty under Article 207 TFEU?

A

CETA and TTIP

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14
Q

Vattenfall I general

A

Coal-fired power

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15
Q

Article 207 TFEU

A

EU exclusive competence in common external trade policy

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16
Q

What is indirect expropriation?

A

Equivalent effect through substantial deprivation of fundamental attributes of investment property

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17
Q

What could the EU Reformed Approach be the first steps towards?

A

‘International Investment Court’ concluded under international multilateral agreement in future

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18
Q

What is the WTO the successor and expander of?

A

GATT

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19
Q

TTIP current standing

A

Negotiations still ongoing, to resume soon - then need to confirm with US

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20
Q

What will enforcement of TTIP and CETA be through?

A

ISDS

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21
Q

Phillip Morris v Australia judgment

A

ISDS declined jurisdiction - moved to Hong Kong specifically to challenge

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22
Q

How are CETA and TTIP different from other EU trade agreements?

A

Additional chapter conferring rights on investors

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23
Q

Tecmed v Mexico judgment

A

Investors need to know of rules/regulations governing their investments beforehands

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24
Q

What is the second form of dispute settlement at international level?

A

Investor State Dispute Settlement

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25
How can the influence of EU in shaping WTO be seen most obviously?
Similarities between Articles 34 - 36 TFEU and Articles 2 Technical Barriers to Trade Agreement
26
How does Decision 94/800 show no intention for WTO to have DE?
Agreement not susceptible to being directly invoked
27
How much was the cost of litigation in Phillip Morris v Australia?
$50 million Australian dollars
28
Article 5 EU Reformed Approach
Non-discriminatory measures designed to protect legitimate objectives are not indirect expropriations
29
Example of AG in a case supporting DE of WTO to make it easier to challenge EU law?
Cosmas AG in Affish
30
What is the new investment court system proposed by the EU?
New permanent tribunal of first instance and appeals tribunal
31
What case shows that Article 22(2) is weak if Member in question is very small?
Antigua-US WTO Dispute over Gambling
32
What were the three reasons given for no DE of WTO in Portugal v Council?
Legislative/executive discretion, reciprocity and preamble to Decision 94/800
33
Tecmed v Mexico general
Landfill permit
34
In what three ways is the position of the Council and Commission against DE of WTO reflected?
Schedule of Commitments under GATS, Council Decision 94/800 and Portugal v Council
35
What was the damages given Antigua-US WTO Dispute over Gambling, but never paid?
$21 million
36
Name the three main rights under CETA to investors
No discrimination, fair and equitable treatment and prohibition on direct/indirect expropriation
37
What test does Articles 2 Technical Barriers to Trade Agreement echo?
Least trade-restrictive means test (e.g. Com v Denmark)
38
For what three reasons was there outcry over ISDS?
Lack legitimacy, lack consistency and threatens State regulatory autonomy
39
What source referred to ISDS as the 'obscure legal system that lets corporations sue countries'?
Guardian
40
EC - Seal Products outcome
Won on a small point so EU COULD adjust to conform
41
What is the reciprocity argument in Portugal v Council?
Disuniform application of WTO
42
What is the legislative/executive discretion argument in Portugal v Council?
WTO system lets Members tolerate concession suspension - DE would remove this
43
CETA current standing
Negotiations concluded, pending entry into force
44
What case showed no DE of WTO?
Portugal v Council
45
Antigua-US WTO Dispute over Gambling general
Licensed online gambling
46
What Chapter of CETA covers different investments and rights?
Chapter 10
47
Council Decision 94/800
Adopting multilateral negotiation creating WTO
48
Trademark plain-packaging
Phillip Morris v Australia
49
EU hormones case outcome
EU refused to comply, so US imposed high trade tariffs on imports from EU to US
50
What would the right to regulate under the EU reformed approach be?
Parties can regulate if necessary to achieve legitimate objectives, even if threatens to undermine investor's returns
51
How do ISDS threaten Statute regulatory autonomy?
Fear corporations will always be successful, and that Members will fear the costs of defending the cases, creating a regulatory 'chilling effect'
52
Cosmas AG in Affish
Supports DE of WTO to make it easier to challenge EU law
53
Schedule of Commitments under GATS
Introductory notes rights and obligations from GATS lack self-executing effect and no direct rights
54
Phillip Morris v Australia general
Trademark plain-packaging
55
What AG in Portugal v Council found Decision 94/800 preamble irrelevant for DE?
AG Saggio
56
Article 22(2) WTO
Lets 'winner' of a dispute suspend trade concessions
57
What kind of appeals to the appellate body in dispute settlement of WTO hear?
Appeals on points of law
58
International Fruit Growers Company
No DE of GATT
59
How is the arbitral tribunal in ISDS comprised?
Three people - one from each, then ideally agreement but frequently intervention
60
What kind of system is the dispute settlement?
Intergovernmental - Members can challenge each other but not individuals/corporations
61
How do ISDS lack legitimacy?
Lack of transparency, no assured independence and closed system
62
What is the original case showing no direct effect of WTO-similar law?
International Fruit Growers Company
63
How was the multilateral negotiation creating WTO adopted in EU?
Council Decision 94/800
64
Composition of first instance court under EU reformed approach
50 members, 6-year term renewable twice and qualified to hold judicial position in their own country
65
What is direct expropriation?
Investment nationalised or otherwise expropriated without compensation
66
How did the Lisbon Treaty expand Article 207 TFEU
Includes foreign direct investment
67
In what four ways does the EU seek to reform ISDS?
Right to regulate for Members, clearer definition of key terms, transparency and new investment court system
68
Why did AG Saggio find preamble to Decision 94/800 irrelevant?
Council cannot interfere with Treaty provisions - agreements are binding or within jurisdiction of CJEU
69
Article 18(4) EU Reformed Approach
Guarantee access to documents and let interested 3rds intervene
70
What kind of negotiation was WTO the outcome of?
Multilateral negotiation
71
Vattenfall I speculated outcome
Germany imposed less demanding standard to settle

Law Second Year (62 decks)

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