Marek Wierzbowski and Aleksander Gubrynowicz
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199571345
- eISBN:
- 9780191705472
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199571345.003.0029
- Subject:
- Law, Public International Law, Private International Law
This chapter seeks to determine the extent to which obligations stemming from the EU legal order conflict with the norms of intra-EU BITs as well as to analyse possible solutions that could ...
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This chapter seeks to determine the extent to which obligations stemming from the EU legal order conflict with the norms of intra-EU BITs as well as to analyse possible solutions that could eventually be adopted to reconcile such conflicts. The chapter is divided into three different parts. Section B seeks to determine the causes as well as the principal areas where the norms stemming from the EU legal orders could eventually conflict with BIT clauses. Section C examines the relations between EU law and intra-EU BITs in the light of recent arbitration awards (mainly Eastern Sugar BV v Czech Republic). Section D offers a possible resolution, concluding that, taking into account the matter as it stands at present, the idea of a new institution that would help to stabilize the jurisprudence and to establish amicable and constructive relations with the European Court of Justice (ECJ) (working title: ‘the European Investment Court’) should be carefully examined.Less
This chapter seeks to determine the extent to which obligations stemming from the EU legal order conflict with the norms of intra-EU BITs as well as to analyse possible solutions that could eventually be adopted to reconcile such conflicts. The chapter is divided into three different parts. Section B seeks to determine the causes as well as the principal areas where the norms stemming from the EU legal orders could eventually conflict with BIT clauses. Section C examines the relations between EU law and intra-EU BITs in the light of recent arbitration awards (mainly Eastern Sugar BV v Czech Republic). Section D offers a possible resolution, concluding that, taking into account the matter as it stands at present, the idea of a new institution that would help to stabilize the jurisprudence and to establish amicable and constructive relations with the European Court of Justice (ECJ) (working title: ‘the European Investment Court’) should be carefully examined.
David S Berry
- Published in print:
- 2014
- Published Online:
- April 2014
- ISBN:
- 9780199670079
- eISBN:
- 9780191749452
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199670079.003.0009
- Subject:
- Law, Public International Law, Comparative Law
Chapter 9 introduces the regimes of the CARICOM Single Market and Economy and the OECS Economic Union. It explores the rules related to the right of establishment and the free movement of persons, ...
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Chapter 9 introduces the regimes of the CARICOM Single Market and Economy and the OECS Economic Union. It explores the rules related to the right of establishment and the free movement of persons, services and capital. The right of establishment allows for the creation and staffing of companies that satisfy certain criteria, including nationality, in other jurisdictions. Freedom to provide services encompasses both cross-border provision of services and services provided within the territory of a Member State by persons of another Member State. Free movement of capital, although limited in practice in CARICOM as a result of currency restrictions, is readily available in the OECS. Free movement of persons is provided for certain categories of skilled nationals in CARICOM and more generally to allow for hassle free travel and stay for a period of six months. It is embraced in full in the OECS.Less
Chapter 9 introduces the regimes of the CARICOM Single Market and Economy and the OECS Economic Union. It explores the rules related to the right of establishment and the free movement of persons, services and capital. The right of establishment allows for the creation and staffing of companies that satisfy certain criteria, including nationality, in other jurisdictions. Freedom to provide services encompasses both cross-border provision of services and services provided within the territory of a Member State by persons of another Member State. Free movement of capital, although limited in practice in CARICOM as a result of currency restrictions, is readily available in the OECS. Free movement of persons is provided for certain categories of skilled nationals in CARICOM and more generally to allow for hassle free travel and stay for a period of six months. It is embraced in full in the OECS.
Miriam Hartlapp, Julia Metz, and Christian Rauh
- Published in print:
- 2014
- Published Online:
- November 2014
- ISBN:
- 9780199688036
- eISBN:
- 9780191767425
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199688036.003.0005
- Subject:
- Political Science, European Union
The chapter analyses 16 position-formation processes at the intersection of common market and social policies. Despite differing policy challenges, the resulting proposals are compatible with the ...
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The chapter analyses 16 position-formation processes at the intersection of common market and social policies. Despite differing policy challenges, the resulting proposals are compatible with the common market project. The extant acquis and implementation experience were relevant in all cases. Financial services and public procurement policies were driven by expertise, international, and national templates and remained uncontroversial inside the Commission. But these cases involved some of the strongest internal battles. The lead DG EMPL pursued an ideological position on anti-discrimination and far-reaching regulatory leaps were secured by strategic alliances with other DGs or organized interests. Tensions between market freedoms and national welfare solutions—as e.g. in the liberalization of services and cross-border healthcare directives—spurred conflict among DGs EMPL, MARKT, and SANCO. The combination of strong member-state interests and internal portfolio conflicts required different strategies: sectoral problem-solving, strategic subterfuge, and incremental muddling through were used to achieve proposal adoption.Less
The chapter analyses 16 position-formation processes at the intersection of common market and social policies. Despite differing policy challenges, the resulting proposals are compatible with the common market project. The extant acquis and implementation experience were relevant in all cases. Financial services and public procurement policies were driven by expertise, international, and national templates and remained uncontroversial inside the Commission. But these cases involved some of the strongest internal battles. The lead DG EMPL pursued an ideological position on anti-discrimination and far-reaching regulatory leaps were secured by strategic alliances with other DGs or organized interests. Tensions between market freedoms and national welfare solutions—as e.g. in the liberalization of services and cross-border healthcare directives—spurred conflict among DGs EMPL, MARKT, and SANCO. The combination of strong member-state interests and internal portfolio conflicts required different strategies: sectoral problem-solving, strategic subterfuge, and incremental muddling through were used to achieve proposal adoption.
