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Wto And Gmos: Analyzing The European Community's Recent Regulations Covering The Labeling Of Genetically Modified Organisms, Brian Schwartz
Wto And Gmos: Analyzing The European Community's Recent Regulations Covering The Labeling Of Genetically Modified Organisms, Brian Schwartz
Michigan Journal of International Law
This Note explores the compatibility of the EC's GMO regulations within the framework of the Agreement on the Application of Sanitary and Phytosanitary Measures ("SPS Agreement"), the Agreement on Technical Barriers to Trade ("TBT Agreement"), and the General Agreement on Tariffs and Trade 1994 ("GATT 1994" or "GAT"), all integral parts of the WTO Agreement. Part II presents arguments for or against the use of GM-products. Part III explores the concept of ecolabeling by analyzing the general goals of such programs, including the economic theory behind green consumerism and the characteristics necessary for effective schemes. Part IV describes the core …
The New Codex Alimentarius Commission Standards For Food Created With Modern Biotechnology: Implications For The Ec Gmo Framework's Compliance With The Sps Agreement, Aaron A. Ostrovsky
The New Codex Alimentarius Commission Standards For Food Created With Modern Biotechnology: Implications For The Ec Gmo Framework's Compliance With The Sps Agreement, Aaron A. Ostrovsky
Michigan Journal of International Law
This Note makes two assertions. First, despite the fact that the Codex guidelines do not specifically invoke the Precautionary Principle in name, it can indeed be read into the guidelines in the amount of deference given to states in how they assess risk. This in turn means that the E.C.'s Deliberate Release Directive should be enjoy a presumption of compliance with both the SPS Agreement and the GATT. The second assertion is that even if the adjudicating body of the WTO finds that the Deliberate Release Directive, in relying on the Precautionary Principle, prescribes a higher level of protection than …
Ec Customs Classification Rules: Should Ice Cream Melt?, Edwin A. Vermulst
Ec Customs Classification Rules: Should Ice Cream Melt?, Edwin A. Vermulst
Michigan Journal of International Law
This Article will demonstrate that these classification conflicts seldom have definitive solutions by examining European Community (EC or Community) classification rules in light of the international framework. This approach is justified because the EC's customs classification system, centered on the Combined Nomenclature (CN), is based on the most commonly used international system of classification, the Harmonized System (HS).
Panel Discussion: Europe 1992, Eric Stein, Jochen A. Frowein, Jacques J.H.J. Bourgeois, Edwin Vermulst, Reinhard Quick
Panel Discussion: Europe 1992, Eric Stein, Jochen A. Frowein, Jacques J.H.J. Bourgeois, Edwin Vermulst, Reinhard Quick
Michigan Journal of International Law
Transcript of a panel on Europe in 1992.
European Community Trade Policies Vis-À-Vis Korea And Taiwan In The Eighties: A Comparative Perspective, Jean-François Bellis
European Community Trade Policies Vis-À-Vis Korea And Taiwan In The Eighties: A Comparative Perspective, Jean-François Bellis
Michigan Journal of International Law
This article will review the trade policies of the European Community towards Korea and Taiwan over the past ten years. This time period has been chosen for two reasons. In the first place, ten years ago, on November 28, 1979, the Tokyo Round of multilateral trade negotiations was concluded. At that time, the Tokyo Round was the most comprehensive GATT negotiating round ever, both in terms of trade value affected and in terms of its coverage of topics. An interesting question, therefore, is to what extent the 1979 commitments to trade liberalization were actually kept. Secondly, during the last decade …
Anti-Diversion Rules In Antidumping Procedures: Interface Or Short-Circuit For The Management Of Interdependence?, Edwin Vermulst, Paul Waer
Anti-Diversion Rules In Antidumping Procedures: Interface Or Short-Circuit For The Management Of Interdependence?, Edwin Vermulst, Paul Waer
Michigan Journal of International Law
Part II of this article will diagnose the phenomenon of diversion in the context of antidumping law. Parts III and IV will address the present approaches towards diversion in the United States and the European Communities respectively. Part V will briefly compare the Australian and Canadian approaches. Part VI will evaluate the assorted propositions made in the Uruguay Round. Part VII will probe the GATT Panel report on the EC's parts amendment and its possible repercussions for the anti-diversion debate in GATT. Part VIII will provide conclusions and suggest possible improvements.
Gatt And The European Community: A Formula For Peaceful Coexistence, Frederick M. Abbott
Gatt And The European Community: A Formula For Peaceful Coexistence, Frederick M. Abbott
Michigan Journal of International Law
This article addresses the relationship between the GATT, the European Community and other RTAs as and when trade in services and other "new areas" are incorporated into the GATT framework. The article first discusses the conceptual justifications for RTAs (as an alternative to utopian global free trade) in order to provide background for considering whether the privileges accorded RTAs under the existing GATT framework should be extended to new areas and, if so, how far. It is observed that "state of the art" tools of economic analysis do not provide adequate guidance as to the global welfare costs or benefits …
The Ec Hormone Ban Dispute And The Application Of The Dispute Settlement Provisions Of The Standards Code, Allen Dick
The Ec Hormone Ban Dispute And The Application Of The Dispute Settlement Provisions Of The Standards Code, Allen Dick
Michigan Journal of International Law
As the concept of a unified European market becomes more of a reality as we approach 1992, talk of a "Fortress Europe" has heightened sensitivity on trade issues among officials of the United States and the European Community ("EC"). The EC's plan to ban the sale of meat treated with growth hormones within the Member-States has presented a trade issue disconcerting to both sides. This brewing tempest has raised many interesting legal issues involving the dispute settlement provisions set out in the Agreement on Technical Barriers to Trade ("Standards Code"). This note examines why the process failed to resolve, and …
The Anti-Dumping Systems Of Australia, Canada, The Eec And The United States Of America: Have Anti-Dumping Laws Become A Problem In International Trade?, Edwin A. Vermulst
The Anti-Dumping Systems Of Australia, Canada, The Eec And The United States Of America: Have Anti-Dumping Laws Become A Problem In International Trade?, Edwin A. Vermulst
Michigan Journal of International Law
This article, part of an in-depth comparative study of municipal anti-dumping laws in Australia, Canada, the European Economic Community and the United States, does not purport to undertake a comprehensive comparative analysis of the anti-dumping laws of the four jurisdictions. Its aim is, rather, to examine the core concepts and some of the core salient features of the laws as developed in actual practice, and to consider the problems that have arisen in these jurisdictions and their solutions. For this purpose, section I will analyze procedural issues, section II substantive issues of dumping, and section III substantive issues of injury. …
Employee Involvement In Decision-Making: European Attempts At Harmonization, Ruth A. Harvey
Employee Involvement In Decision-Making: European Attempts At Harmonization, Ruth A. Harvey
Michigan Journal of International Law
Part I of this note examines the sources of Community power over employment policy. Part II analyzes two Community directives approximating laws regarding employee involvement in dismissal procedures. It also examines the impact of these Community directives on two Member States, the Federal Republic of Germany (FRG or West Germany) and the United Kingdom. The note focuses on the FRG because its statutes have served as the model for Community directives, and because the harmonization of laws throughout the Community will provide unique benefits to the FRG. The note examines the United Kingdom because its government has historically had a …
Aspects Of The European Community's Industrial Policy, Laurence W. Gormley, J. F. Marchipont
Aspects Of The European Community's Industrial Policy, Laurence W. Gormley, J. F. Marchipont
Michigan Journal of International Law
This article does not provide an exhaustive description of all aspects of the European Community's industrial policy, but instead analyzes its foundations and its objectives and the relative importance of the various means of attaining these objectives. This approach demonstrates the difference between the power and aims of industrial institutions in the Community and the power and aims of industrial institutions in the individual European states and in the major competitor countries of the Community, the United States, and Japan.
Regulating Multinational Corporate Concentration-The European Economic Community, John Temple Lang
Regulating Multinational Corporate Concentration-The European Economic Community, John Temple Lang
Michigan Journal of International Law
It is the purpose of this article to discuss the policies and goals of the efforts of the European Communities to regulate multinational corporate concentration. For reasons that will become clear in the course of the article, it is necessary to start by outlining the means available to the European Communities, both presently and potentially, to promote these policies. It is not possible to see what those policies might be or how they are likely to develop without understanding the practical implications of the various legal rules on which the Community might rely in the future. This article does not …