Part 1 Inhalt Flashcards
What is international Law?
It consist of ruined principles of general application dealing with the conduct of states and international organizations in their International relations with one another and with private individuals, minority groups and transnational companies
To what refers international legal personality?
to entiteis or legal persons that can have rights and obligations under international law
a. states
b. International Organization
Which characteristics has a state?
- a permanent population
- a defined territory
- a government
- the capacity to enter into relations with other states
- a state must be fully independent and be recognized as one by others (discussed)
What is Sovereignty?
exclusive right to exercise supreme political authority over a defined territory and the people within that territory;
- > no other state can have formal political authority within that state!
- > associated with the concept of political independence
What is Nation?
refers to a group of people who share history, traditions, culture and often language even if not a country/state. -> common identity
What are Treaties?
written agreement between Staes governed by international law establishing rules expressly recognized by the contesting states
What are INTERNATIONAL ORGANIZATIONS
established by States through international agreements and their powers are limited to those conferred on them in their constituent document
e.g.: UN, IMF, WTO, WHO
What is the EU?
a Supranational organization or Confederation with features of a federal state
What is a simple free trade area?
most basic type; almost only focused on reduction of tariffs and quotas-> increasing exchange of goods
What is a “second generation” free trade are?
like the simple free trade are + non goods such as services; thus also questions of regulatory convergence and the harmonization of rules of operation and governance arise
- > transferability, labour mobility,
- > interdependence-> increased distribution of production across national boundaries
What is a Customs Union (=Zoll-Union)?
keeping regulatory harmonization by relying upon a common external tariff; it reduces challenges of monitoring and taxing external inputs that are used to produce goods and services that circulate within the region
-> further harmonization of national rules and regulations-> especially regarding external trade
What is a Common Market
because of the advantages of CU-> production chains crossing the boundaries begin to form-> harmonization of border procedures, or the virtual elimination of national boundaries as well as liberalization of labour mobility
What is a Monetary Union?
because of all aspects one problem: costs of transnational transactions
- > MU through a fixed Exchange rate, or adoption of one currency. Integration takes political flavor
- -> gradual blurring of political and economic lines
What is a economic community or union?
All the stuff (common external tariffs, regulatory approximation, harmonization of macroeconomic policy is taken to its full conclusion through:
overarching governance framework-> common economic policy system
MS surrender significant degree of (economic) sovereignty
What kind of economic Integrations are there?
- simple free trade area
- second generation free trade area
- customs union
- common market
- Monetary Union
- Economic community or union
What are the “UK red lines?
Where are they applied?
No ECJ jurisdiction
no free movement
no substantial financial contribution
regulatory autonomy
applied at the EEA (Norway, Iceland, Lichtenstein)
What is the EU, how many States?
supranational organization formed by 27 MS
What is the single market? sights?
people, goods, services and money can move around EU almost freely as within a single country caused by the removed technical, legal and bureaucratic barriers
What are aspects of the single market related to goods?
Prohibition of customs duties on imports & exports
prohibition of quantitative restrictions on imports and exports as well as discrimination internal taxation of products of EU state
elimination of technical barriers to trade (TBT)
What are aspects of the single market related to services?
Freedom to provide services on a non-discriminatory basis anywhere in the EU
What are aspects of the single market related to capital?
ability for EU nationals to perform many operations abroad (open bank account, buying shares, investing purchasing real estate
companies-> invest and own in other EU companies
What are aspects of the single market related to persons?
opportunity to live, work establish business and study in any of these countries
-> EEA Agreement: rules for recognition of professional qualifications and social security coordination
Who are members of the EEA?
When was it established?
30 countries: 27 EU MS plus Norway, Iceland and Lichtenstein in 1992 (into force 1994)
EFTA (European Free Trade Association) as Switzerland as fourth member
What is the EEA?
the states are equal partners in the internal (single) market-> access to the four freedoms: free movement of goods, person, services and capital
-> also covers other important areas such as R&D, education, social policy, environment, tourism culture,
