11 results
Search Results
2. Analysis of Bilateral Air Services Agreement Liberalization in Australia.
- Author
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Heiets, Iryna, Yeun, Richard C.K., Verhagen, Wim J.C., and La, Jiezhuoma
- Subjects
COMMERCIAL aeronautics ,AIR analysis ,AIR freight ,AIR traffic ,AIR travel ,FREIGHT & freightage - Abstract
This paper examines an assessment of the level of air transport services liberalization in Australia in order to generate recommendations on what key market access features of Air Services Agreements should be revised to reflect the changes in air transport characteristics, including the increase in air cargo traffic during the COVID-19 period. The different variants of the key market access features of ASA, levels of air transport liberalization and the extent of air transport service liberalization between Australia and 104 partner countries were analysed using descriptive study, comparison analysis and the ALI index. The ALI index is calculated for four different weighting schemes. Passenger capacity in 41 bilateral agreements contain restrictions of frequency, capacity and aircraft type. The analysis of cooperative arrangements indicated that Australia has a single aviation market only with New Zealand. The cargo capacity analysis identified different types of capacity restrictions based on weekly cargo service, volume, destinations, designated airline and aircraft types. In conclusion, cargo capacity analysis illustrates that the level of liberalization is high, but the air services agreements between Australia and other countries in the first and second cargo capacity groups should be revised to reflect the increase in air cargo traffic during COVID-19. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
3. The Possibility of Legal Standing for FTA Partners under Article 263 TFEU.
- Author
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BRACKE, Matthias
- Subjects
DISPUTE resolution ,COMMERCIAL treaties ,TREATIES ,INTERNATIONAL courts ,LEGAL settlement - Abstract
The EU has concluded many international agreements with third states. Since the EU is not a state, it cannot act as a party before the International Court of Justice (ICJ), either as an applicant or as a defendant, which means that the enforcement of these agreements must be regulated through Dispute Settlement provisions in the agreements themselves (though, depending on the subject of the dispute, a procedure within the framework of the WTO is also possible). However, the Court of Justice might have opened the door for a new enforcement possibility in its Venezuela v. Council judgment, where it ruled that Venezuela -- a third state -- could have legal standing before the Court on the basis of the fourth paragraph of Article 263 TFEU. This article will analyse whether third states could have access to the Court, in order to seek annulment of an EU legal act that potentially violates a provision of an international agreement that the third state had previously concluded with the EU. It will do so by looking at the ratio decidendi of the Court in Venezuela v. Council, and by analysing the conditions of direct and individual concern, the potential exclusionary effects of Dispute Settlement provisions in international agreements, and the need for direct effect of these agreements. For a variety of reasons, the article will mostly focus on Free Trade Agreements (FTAs). [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
4. EXPLORING TRADE AND INVESTMENT POTENTIAL BETWEEN INDONESIA AND SLOVAKIA: A QUALITATIVE ANALYSIS.
- Author
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Wicaksono, Katon
- Subjects
BUSINESSPEOPLE ,FOREIGN investments ,INVESTMENT analysis ,INTERNATIONAL trade ,MARKET entry ,LEGISLATIVE voting - Abstract
This study explores the qualitative analysis of the trade and investment potential between Indonesia and Slovakia, two contrasting economies characterized by dynamic differences and untapped economic synergy. Using theories and frameworks from international trade and foreign direct investment, this study aims to give a full picture of the complicated web of economic complementarities, barriers, and policy landscapes that affect the flow of trade and investment between two countries. By conducting a comprehensive examination of existing scholarly works, supplemented by in-depth interviews with experts and focused analysis of specific instances, this study reveals significant areas that are conducive to collaboration as well as the intricate obstacles that hinder commercial transactions. The results underscore the significant impact of legislative frameworks, market entry opportunities, and infrastructure preparedness on the facilitation or impediment of economic participation. Furthermore, the research highlights the necessity of implementing strategic bilateral agreements in order to effectively use the complete range of trade and investment prospects. The conversation expands to include practical consequences for legislators and business professionals, promoting specific measures to reduce obstacles and take advantage of the found economic synergies. This study makes a valuable contribution to the ongoing academic conversation surrounding the improvement of bilateral economic relations by providing a strategic plan for future collaborations between Indonesia and Slovakia. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
5. Sustainable Networks: Modes of governance in the EU's external fisheries policy relations under the IUU Regulation in Thailand and the SFPA with Senegal.
- Author
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Kadfak, Alin and Antonova, Anna
- Subjects
FISHERY policy ,NETWORK governance ,SUSTAINABLE fisheries ,MULTILEVEL marketing ,PARTNERSHIP agreements ,FISHERIES - Abstract
The EU envisions itself as a global leader in sustainable fisheries governance. This paper explores how two key policies seek to implement these aspirations internationally – the Illegal, Unregulated, and Unreported (IUU) regulation and the Sustainable Fishing Partnership Agreements (SFPAs). We draw on case studies in Thailand and Senegal to examine the specific mechanisms through which the EU influences fisheries governance beyond its territory, respectively through the IUU regulation and SFPAs. Drawing on normative power literature, we argue that the EU utilises network and market modes of governance to translate normative environmental values into third country regulations as part of dialogue and negotiation processes. In particular, we expand on the functioning of the network mode of governance by looking at how the EU has used socialisation and partnership approaches to promote certain values during its dialogues with both countries. In Thailand, the EU helped promote fisheries reform through its IUU yellow card mechanism, but its influence has at times been criticised as too directive. Meanwhile, the latest iteration of the EU's bilateral fishing relations with Senegal under the new SFPA scheme shows promising improvement compared to previous versions, but remains complicated by the two countries' relative power imbalance. Overall, our paper seeks to enrich the engagement of fisheries governance literature with questions of EU relations with third countries. Our two case studies demonstrate how exploring the functioning of normative aspects is significant particularly because the advancement of sustainability in global fisheries depends on concrete, historically complex, and multilaterally constructed power relations. • This paper explores two key mechanisms from the EU's external fisheries policy—the IUU Regulation and SFPAs. • Thailand and Senegal cases help exame how and to what extent the EU has exercised green aspects of normative power during its negotiations. • The EU translates normative values of sustainable fishing to third countries by employing network and market modes of governance. [ABSTRACT FROM AUTHOR]
- Published
- 2021
- Full Text
- View/download PDF
6. Power Imbalance in Africa-China Investment and Development Deals: The Case of Zimbabwe (2000–2018)
- Author
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Nancy Kambudzi
- Subjects
Zimbabwe ,China ,China-Africa ,bilateral agreements ,development loans - Abstract
This paper seeks to flag the reality of the socio-economic impact of power imbalance in the negotiation and implementation of infrastructural projects constructed in Zimbabwe and funded by China Exim Bank, China’s main financial arm in Africa. Reviewing the China-Zimbabwe financial deals concluded during President Mugabe’s regime from 2000 to 2018, I use existing credible online-available data and draw on analysis conducted in the framework of a PhD study carried out between 2019 and 2020. I argue that China had an overriding negotiating upper hand in these deals, which limited the economic and social gains that Zimbabwe could expect—and could obtain—from the bilateral relations. The mobilization of financial resources and popular disapproval of Chinese-led projects constitute the biggest obstacles to the efficient implementation of infrastructure development in the country. The paper underlines that the Zimbabwean population has borne the brunt, on one hand, of the predatory attitude of Chinese contractors, and on the other, of the irresponsibility of the Zimbabwean government, unable so far to formulate policies that enhance debt sustainability or to take action on citizen grievances, such as underpayment and maltreatment at the hands of the Chinese contractors. The discussion highlights how much, in the case of China-Africa relations, the ideal goal of mutual benefit for each State involved in bilateral investment agreements falls short of expectations.
- Published
- 2022
7. Taxation of royalties, dividends and interest according to the OECD Model
- Author
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Vrančić, Filip, Klemenčić, Irena, Arbutina, Hrvoje, and Rogić Lugarić, Tereza
- Subjects
OECD Model ,interest ,bilateral agreements ,taxation ,dividends ,royalties - Abstract
Osnovni cilj ovog rada je pružiti uvid u oporezivanje autorskih naknadi, dividendi i kamata prema OECD Modelu kojim se pokušava spriječiti međunarodno dvostruko oporezivanje. Sekundarnim istraživanjem obuhvaćene su stručne knjige, znanstveni radovi, OECD publikacije i mrežne stranice baza podataka, ponajviše OECD-a, koje su deskriptivnom metodom iznesene u radu. Metodama analize i sinteze su donesene odredbe oporezivanja autorskih naknadi, dividendi i kamata prema OECD Modelu. Svrha ovog rada je donijeti pregled oporezivanja autorskih naknadi, dividendi i kamata prema OECD Modelu, probleme u tim odredbama i izuzeća pojedinih država ugovornica. Rad zaključuje kako, iako OECD Model predlaže jasne odredbe, ipak dolazi do specifičnih situacija koje države ugovornice rješavaju bilateralnim ugovorima., The main goal of this paper is to provide insight into the taxation of royalties, dividends and interests according to the OECD Model, which seeks to prevent international double taxation. Secondary research includes professional books, scientific papers, OECD publications and web pages of databases, mostly OECD, which are presented in the paper by descriptive method. By the methods of analysis and synthesis, the provisions of taxation of royalties, dividends and interest according to the OECD Model have been overviewed. The purpose of this paper is to provide an overview of the taxation of royalties, dividends and interest according to the OECD Model, the problems in these provisions and the exemptions of individual contracting states. The paper concludes that, although the OECD Model proposes clear provisions, there are still specific situations that contracting states address through bilateral agreements
- Published
- 2022
8. ANALYSIS OF LEGAL REGULATION OF CONTRACTUAL OBLIGATIONS IN THE CIVIL LAW SYSTEM.
- Author
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LUKASEVYCH-KRUTNYK, Iryna S., MILOVSKA, Nadiia V., POPOVA, Nataliia R., RYBACHOK, Viktoriia А., and BELIKOVA, Svitlana O.
- Subjects
CIVIL law ,LIBERTY of contract ,COVID-19 pandemic - Abstract
Contractual obligations are the most common type of obligation. They arise on the basis of the concluded contract and their conditions are defined both by the law, and the agreement of the parties. At the same time, in the modern world, there is a dynamic increase in the value of contractual obligations, which necessitates in-depth study of them. In addition, the analysis of the possible legal consequences of the COVID- 19 pandemic on contractual obligations is relevant within this topic. The purpose of the study is to analyse the legal regulation of contractual obligations in the civil law system, as well as to identify gaps in legislation and possible ways to improve it in this area. During the writing of the article the author used general scientific methods of cognition: analysis, synthesis, inductive and deductive methods, analogy, comparison, dialectical logic and systems approach. In addition, special methods were used in the work: formal-legal, formal-logical, historical-legal, method of comparative legal research. In particular, the application of the comparative law method has contributed to a comprehensive study of contractual obligations in civil law in comparison with different countries. The historical-legal method has contributed to the study of the evolution of research in the field of contractual obligations in civil law, beginning with research conducted during the Roman Empire. The formal-legal method helped to reveal the peculiarities of the provisions of regulations on contractual obligations. The article is devoted to the theoretical development of contractual obligations in the system of civil law. In addition, international and European experience in the development of contractual obligations has been studied. The author also focuses on the analysis of COVID-19 as a circumstance that prevents the performance of the contract and releases the parties from liability, in particular, examines in detail whether COVID-19 can be considered a force majeure. [ABSTRACT FROM AUTHOR]
- Published
- 2022
9. Desglobalização, Brexit e os novos acordos entre Reino Unido e União Europeia.
- Author
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Alvarenga Alves, Angela Limongi and Almeida, Daniel Freire e.
- Subjects
FREE trade ,POWER (Social sciences) ,STATE power ,GOVERNMENT ownership ,BRITISH withdrawal from the European Union, 2016-2020 ,BREXIT Referendum, 2016 - Abstract
Copyright of Revista de Direito Internacional is the property of Revista de Direito Internacional and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2021
- Full Text
- View/download PDF
10. Analysis of Bilateral Air Services Agreement Liberalization in Australia
- Author
-
Iryna Heiets, Richard C.K. Yeun, Wim J.C. Verhagen, and Jiezhuoma La
- Subjects
air services ,bilateral agreements ,liberalization ,Air Liberalization Index ,comparison analysis ,COVID-19 ,Motor vehicles. Aeronautics. Astronautics ,TL1-4050 - Abstract
This paper examines an assessment of the level of air transport services liberalization in Australia in order to generate recommendations on what key market access features of Air Services Agreements should be revised to reflect the changes in air transport characteristics, including the increase in air cargo traffic during the COVID-19 period. The different variants of the key market access features of ASA, levels of air transport liberalization and the extent of air transport service liberalization between Australia and 104 partner countries were analysed using descriptive study, comparison analysis and the ALI index. The ALI index is calculated for four different weighting schemes. Passenger capacity in 41 bilateral agreements contain restrictions of frequency, capacity and aircraft type. The analysis of cooperative arrangements indicated that Australia has a single aviation market only with New Zealand. The cargo capacity analysis identified different types of capacity restrictions based on weekly cargo service, volume, destinations, designated airline and aircraft types. In conclusion, cargo capacity analysis illustrates that the level of liberalization is high, but the air services agreements between Australia and other countries in the first and second cargo capacity groups should be revised to reflect the increase in air cargo traffic during COVID-19.
- Published
- 2022
- Full Text
- View/download PDF
11. Standards e valores europeus num mundo multipolar : o caso do acordo global de investimento UE-China
- Author
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Ribeiro, Pedro Cabrita Guedes and Soares, António Goucha
- Subjects
Acordo Global de Investimento UE-China ,Tribunal de Justiça da União Europeia ,“Brussels effect” ,EU-China Comprehensive Agreement on Investment ,“Efeito Bruxelas” ,União Europeia ,bilateral agreements ,valores fundamentais ,core values ,standards ,European Union ,Acordos bilaterais ,Court of Justice of the European Union - Abstract
Mestrado Bolonha em Economia Internacional e Estudos Europeus Esta dissertação analisa o papel que a União Europeia (UE) deve ocupar no contexto da multipolaridade mundial. Não obstante o contexto adverso, procura analisar-se se a União Europeia conseguirá projetar os seus standards e valores fundamentais, de modo a ocupar uma posição cimeira em matéria de influência internacional. Este trabalho discute e compara os meios ao dispor da UE para exercer influência regulatória e projetar preferências sociais noutras zonas geográficas de influência. Pode fazê-lo através de mecanismos de mercado - "efeito Bruxelas" -, de acordos bilaterais e de jurisprudência emanada do Tribunal de Justiça da União Europeia (TJUE). Existe consenso quanto à importância do “efeito Bruxelas” e da jurisprudência do TJUE na influência da União a nível global. Contudo, no tocante aos Acordos bilaterais coexistem opiniões discordantes. A análise pormenorizada, comparativa e crítica efetuada acerca do conteúdo do Acordo Global de Investimento UE-China, permite identificar e compreender em que questões a UE, ao utilizar Acordos bilaterais, consegue afirmar-se enquanto líder global. Conclui-se que a UE consegue “exportar” muito da sua regulamentação interna através do “efeito Bruxelas”, mas apenas algumas preferências sociais por meio dos acordos bilaterais. This dissertation focuses on both global multi-polarity and the role the European Union (EU) should play in it, despite adverse conditions. To what extent does the EU succeed in exporting its standards and core values, in order to achieve an upper position in the international sphere of influence. This research paper analyses and compares available tools the EU may use to exercise regulatory influence and project social preferences: market mechanisms (i.e., the “Brussels effect”), bilateral agreements and the European jurisprudence from the Court of Justice. The relevance of both the “Brussels effect” and the jurisprudence of the European Union Court on EU influence at a global level are consensual. However, regarding bilateral agreements, dissenting opinions coexist. A detailed, comparative and critical analysis of the EU-China Comprehensive Agreement on Investment is performed at several levels, aiming to identify and understand in which matters the European Union can assert itself as a world leader through bilateral agreements. It is concluded that the European Union manages to “export” much of its regulation through the “Brussels effect”, but only a few social preferences through its bilateral agreements. info:eu-repo/semantics/publishedVersion
- Published
- 2021
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