The Group of Eight’s Post

The upcoming TILEC Tilburg University Work in Progress on 20 March 2024 [Wednesday] is by Léo Gargne (PhD Researcher at TILT and TILEC) on 'The Implementation and Enforcement of TSD Chapters in Modern EU FTAs'. Time and Location: 1045–1145h | Koopmans Building K2016, and Microsoft Teams. For receiving the Teams link, please email tilec[at]tilburguniversity[dot]edu Abstract: In the EU, the faltering prospects of introducing new policy areas and further liberalization commitments at a multilateral level, that is, within the WTO framework, have arguably supplied the main impetus to the negotiation and conclusion of Free Trade Agreements (FTAs). Since then, it has been the trading bloc’s declared ambition to integrate the promotion of sustainable development as an integral part of its international trade policy, most notably through its international trade agreements. Ever since the 2011 EU-Korea FTA, the EU has consistently included a Trade and Sustainable Development (TSD) chapter in its FTAs – be it with Vietnam, Peru and Colombia, Canada, Singapore, Japan, etc. – and intends to carry on this practice, as evidenced by the trade agreements that are currently under negotiation or modernization. This contribution aims to offer a legal analysis of the implementation and enforcement apparatus utilized to resolve disputes arising from the interpretation or application of TSD provisions, which focus on environmental and social matters. Traditionally, the institutional apparatus used to resolve TSD disputes reflects the cooperative and consultation-based approach favored by the EU. A single specialized dispute settlement procedure applies to all disputes arising under the TSD chapter, i.e., governmental consultations followed by a referral to a Panel of Experts, which is to deliver a non-binding report including its recommendations. This analysis will notably focus on the Commission's 2022 Communication titled 'The power of trade partnerships: together for green and just economic growth’, which introduces the possibility to impose economic sanctions, under specific conditions, in cases of non-compliance with the Panel of Experts’ Final Report by the party complained against. The novel stance adopted by the Commission seems to constitute a partial reversal of the EU’s traditional approach, which is significant, albeit not unsuspected. The presentation offers to delve into the ramifications of this policy shift. Event webpage: https://lnkd.in/esZ39hNx

🌟 First published the outcome of the Purple Project🌟 Our team has examined the EU’s Foreign Subsidies Regulation - and its significant impact on public procurement processes by further limiting the scope of partners with whom contracting authorities can contract. 📜 The insightful paper, authored by Senior Researcher prof. Michał Kania and associate professor Marta Andhov dives into the economic and geopolitical reasoning behind this regulation. It critically analyzes how the legislation aims to level the playing field by addressing distortions caused by foreign subsidies, ensuring that EU values and competitive fairness are upheld. As we navigate a world of economic shifts and geopolitical changes, this research is more relevant than ever. It brings to light the strategic importance of sustainable and innovative industries within the EU public procurement market - a market crucial for the collective needs of EU citizens. 💡 Our findings suggest that while the regulation promotes equitable competition, it also brings challenges that may affect the speed and certainty of public procurement procedures. This study showcases our commitment to contributing valuable knowledge that influences policy and shapes a sustainable future. 🔗 To delve into this research and understand its implications, visit our publication at https://lnkd.in/ezm_aE7U or reach out to the authors for an in-depth discussion. This research is generously funded by the Carlsberg Foundation! Michał Kania Marta Andhov CEPRI - Centre for Private Governance University of Copenhagen, Faculty of Law #PurpleProject #PublicProcurement #EURegulation #ResearchImpact #CarlsbergFoundation #SustainableFuture

Curious about "copying and pasting" in trade agreements? Interested in who wrote the rules of RCEP? Check out my latest paper titled "Power by Proxy: Explaining Innovation and Imitation in the RCEP" https://lnkd.in/gbbcK6Gz

It has been a distinct honor and privilege catching up with Lord Fakafanua, the Speaker of the Tongan Parliament, in an informal setting where open discussions can occur. This meeting was a significant milestone in laying the groundwork for a pipeline comprehensive legislative review under the SPIRIT project, which aims to enhance trade frameworks in Tonga. Lord Fakafanua's leadership is instrumental in emphasizing the essential role of Parliament in facilitating economic development through targeted legislative reforms. As the custodian of national legislation, the Tongan Parliament plays a pivotal role in creating a legislative environment conducive to trade, investment, and overall economic prosperity. The SPIRIT project seeks to collaborate closely with Tongan's national Trade regulatory bodies including Parliament to review and potentially revise trade laws and regulations to align with international best practices and attract foreign investment. This includes crafting policies that streamline the process for international trade agreements and bolster local businesses through incentives that promote entrepreneurship and sustainable practices. The role of Parliament extends to ensuring that these legislative frameworks are robust and provide the necessary oversight and advocacy to balance the interests of all stakeholders, including government bodies, private sector entities, and civil society. This collaborative approach is vital for fostering an inclusive economic policy that supports innovation and sustainable development. By working together with Lord Fakafanua and the Tongan Parliament, we are laying the foundation for a legislative environment that will drive economic growth and prosperity, ensuring that Tonga can thrive in a competitive global market. This partnership underscores our commitment to enhancing economic opportunities not just for Tonga, but in setting a precedent for enhanced legislative excellence in the Pacific region.

Congrats to Paulina Nazal Aranda and Andres Culagovski for authoring this clarifying essay on the potential of the China-led Regional Comprehensive Economic Partnership (RCEP) to further trade liberalization in the Asia Pacific region from a Chilean perspective. At the Fundación Chilena del Pacífico (Chile Pacific Foundation) we are glad to have facilitated the collaboration between Paulina and Andrés with the China and WTO Review (CWR), an internationally referred scholarly journal semi-annually published by YIJUN Institute of International Law. The authors have been commissioned in the past by the Foundation to conduct research on international trade-related topics key to Chile's interest in the Asia Pacific and have participated in a number of online seminars organized by the Foundation. This essay provides a brief but accurate description of the various trading blocks and multilateral fora across the Asia Pacific, but even more importantly reflects on the pros and cons of what in many cases are overlapping trade pacts and delves into the specifics of the RCEP relative to other trade initiatives, most notably the CPTTP (formerly known as TTP11) and ASEAN, among many other significant aspects. While Chile participates in the former, it still remains to be seen what our country will do as to the latter down the road, considering the many strategic variables on the table beyond trade and economics. According to Nazal and Culagovski, "For Chile and the other countries of Latin America and the Caribbean, forging stronger links to the Asia-Pacific through the ASEAN and the RCEP will be fundamental for their future economic growth. First and foremost, improving ties will help to gain access to one of the largest markets in the world, whose population and consumer power continue to rise (...) Second, as China’s economic and political importance continues to grow, strong ties will help to avoid their being sucked into the trade wars with the US. As mentioned previously, such trade conflict can lead to disruptions in GVCs, to the benefit of regional chains within Asia. If Latin American countries wish to take a part of those nascent production networks, they will have to do so through trade deals that ensure which components they can supply and gain preferential treatment under the rules of origin of the RCEP and similar treaties." 

Calling all International Trade Researchers! 🌍✨ Delighted to share insights on 'PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS.' 📚 In our ever-evolving global marketplace, these principles form the backbone of international trade. They provide the legal framework for businesses, impacting everything from negotiations to dispute resolution. Key Points: 🤝 Foundation for Success: Understanding these principles is crucial for successful cross-border commerce. 🌐 Global Application: These principles transcend borders and apply to international trade worldwide. 📜 Legal Clarity: Dive deep into the legal intricacies that govern international business transactions. 🔍 Adapting to Change: Stay updated with the latest developments and trends in international commerce. As researchers, it's essential to continuously explore and dissect these principles, shedding light on their nuances and practical implications. Share your insights, experiences, and thoughts on how they shape international trade dynamics. Let's foster a vibrant discussion and contribute to the ever-evolving world of international commerce research. Together, we can unlock new perspectives and drive innovation. Join the conversation, share your expertise, and let's navigate the complex world of international commercial contracts together! 🌐💼🔍 #InternationalTrade #Research #CommercialContracts #TradeLaw #Global #IP

Delving into the intricate dynamics of U.S.-China economic relations, the USTR announces an extension of the critical Section 301 product exclusions. Discover how this strategic trade policy move could impart stability to businesses while inviting valuable public input to shape future trade policy decisions. Learn More: https://lnkd.in/gdwPsgFK

So grateful for Professor Katrin Kuhlmann, Professor Jennifer Hillman, editors from the Center on Inclusive Trade and Development of Georgetown University Law Center, and wonderful co-authors (Emilie Kerstens, Sae Kobayashi) to present our latest blog post – “Hope and Ambition – What the WTO Public Forum Can Contribute to MC 13”.   In this blog, we discussed how might MC13 contribute to shaping the future of world trade. We looked to the most recent WTO Public Forum in September 2023 with a particular focus on three key topics that embody hope and ambition for MC13: the environment, digital trade, and WTO reform.   Find out specific and feasible initiatives within each category on: https://lnkd.in/dEVtuReK

Michiru Ishihara, Sae Kobayashi and I reflected on what the WTO Public Forum can bring to the 13th Ministerial Conference in this blogpost for the Center on Inclusive Trade and Development at Georgetown University Law Center. It is time to think boldly about the role of trade in climate action and the digital transition and consider how the WTO should evolve to support inclusive and sustainable development. I'll be taking the spirit of hope and ambition evident at the Public Forum to Abu Dhabi next week! #trade #WTO #MC13

We are happy to share the contribution submitted by Jeffrey Owens and Joy Ndubai to the Elgar Companion to the World Trade Organization titled “Evaluating the interaction between and compatibility of the global anti-base erosion proposal with international trade rules.” The chapter explores the comparability of the #GloBERules with #WTO law. It discusses the potential for conflict that may arise from the application of the rules in light of obligations under the Subsidies and Countervailing Measures Agreement. The authors conclude that potential for inconsistency in implementation and in the outcomes of applying the #GloBERules need to be strongly reflected upon by participating countries to determine their confidence in the OECD - OCDE to resolve the expected challenges without recourse to other bodies like the WTO DSB. A new #multilateral convention that would enforce consistent application of the rules and provide a framework for dispute settlement has the potential to lower the risk of recourse outside of the tax discipline. In addition, these new rules raise important considerations for emerging mega-regional trade agreements particularly the #RCEP and the #AfCFTA. The consistent application of the GloBE rules between regional partners that opt to implement them will be a future challenge not only for the trade in services and subsidies aspects, but also the investment and competition protocols. All this re-emphasizes the need to increase the dialogue between the tax and trade disciplines. Get access to the Edward Elgar Publishing Publication here: https://lnkd.in/gHadtVsZ