Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Law Second Year > EU Law - WTO > Flashcards

EU Law - WTO Flashcards

1
Q

Articles 2 Technical Barriers to Trade Agreement

A

Focuses on regulation not ‘more trade-restrictive than necessary to fulfil a legitimate objective’

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

CETA

A

EU-Canada Comprehensive Economic Trade Agreement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

TTIP

A

Transatlantic Trade and Investment Partnership

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Annex 2 EU Reformed Approach

A

Elaborate rules on independence and ethics of proposed new investment court system

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Function of appeals tribunal under EU reformed approach

A

Deal with interpretation and application of law, and when first instance court said to have made a manifest error in appreciation of the facts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Who called the appellate body in the dispute settlement of WTO the ‘World Trade Court’?

A

Eeckhout

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Article 3(2) EU Reformed Approach

A

Fair and equitable treatment exhaustive list will be set out

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

EU exclusive competence in common external trade policy

A

Article 207 TFEU

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is an issue with the Tecmed judgment?

A

Ad infinitum - M can never legislate

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

EU hormones case general

A

Growth hormones cattle

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

How do ISDS lack consistency?

A

Interpretative autonomy, especially considering lack of appeals mechanism

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

How did Antigua try to hit back in Antigua-US WTO Dispute over Gambling, despite weakness of Article 22(2)

A

Refused to comply with intellectual property law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What are the two agreements made in the EU under new competence given by Lisbon Treaty under Article 207 TFEU?

A

CETA and TTIP

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Vattenfall I general

A

Coal-fired power

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Article 207 TFEU

A

EU exclusive competence in common external trade policy

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is indirect expropriation?

A

Equivalent effect through substantial deprivation of fundamental attributes of investment property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What could the EU Reformed Approach be the first steps towards?

A

‘International Investment Court’ concluded under international multilateral agreement in future

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What is the WTO the successor and expander of?

A

GATT

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

TTIP current standing

A

Negotiations still ongoing, to resume soon - then need to confirm with US

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What will enforcement of TTIP and CETA be through?

A

ISDS

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Phillip Morris v Australia judgment

A

ISDS declined jurisdiction - moved to Hong Kong specifically to challenge

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

How are CETA and TTIP different from other EU trade agreements?

A

Additional chapter conferring rights on investors

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Tecmed v Mexico judgment

A

Investors need to know of rules/regulations governing their investments beforehands

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

What is the second form of dispute settlement at international level?

A

Investor State Dispute Settlement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

How can the influence of EU in shaping WTO be seen most obviously?

A

Similarities between Articles 34 - 36 TFEU and Articles 2 Technical Barriers to Trade Agreement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

How does Decision 94/800 show no intention for WTO to have DE?

A

Agreement not susceptible to being directly invoked

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

How much was the cost of litigation in Phillip Morris v Australia?

A

$50 million Australian dollars

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

Article 5 EU Reformed Approach

A

Non-discriminatory measures designed to protect legitimate objectives are not indirect expropriations

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

Example of AG in a case supporting DE of WTO to make it easier to challenge EU law?

A

Cosmas AG in Affish

30
Q

What is the new investment court system proposed by the EU?

A

New permanent tribunal of first instance and appeals tribunal

31
Q

What case shows that Article 22(2) is weak if Member in question is very small?

A

Antigua-US WTO Dispute over Gambling

32
Q

What were the three reasons given for no DE of WTO in Portugal v Council?

A

Legislative/executive discretion, reciprocity and preamble to Decision 94/800

33
Q

Tecmed v Mexico general

A

Landfill permit

34
Q

In what three ways is the position of the Council and Commission against DE of WTO reflected?

A

Schedule of Commitments under GATS, Council Decision 94/800 and Portugal v Council

35
Q

What was the damages given Antigua-US WTO Dispute over Gambling, but never paid?

A

$21 million

36
Q

Name the three main rights under CETA to investors

A

No discrimination, fair and equitable treatment and prohibition on direct/indirect expropriation

37
Q

What test does Articles 2 Technical Barriers to Trade Agreement echo?

A

Least trade-restrictive means test (e.g. Com v Denmark)

38
Q

For what three reasons was there outcry over ISDS?

A

Lack legitimacy, lack consistency and threatens State regulatory autonomy

39
Q

What source referred to ISDS as the ‘obscure legal system that lets corporations sue countries’?

A

Guardian

40
Q

EC - Seal Products outcome

A

Won on a small point so EU COULD adjust to conform

41
Q

What is the reciprocity argument in Portugal v Council?

A

Disuniform application of WTO

42
Q

What is the legislative/executive discretion argument in Portugal v Council?

A

WTO system lets Members tolerate concession suspension - DE would remove this

43
Q

CETA current standing

A

Negotiations concluded, pending entry into force

44
Q

What case showed no DE of WTO?

A

Portugal v Council

45
Q

Antigua-US WTO Dispute over Gambling general

A

Licensed online gambling

46
Q

What Chapter of CETA covers different investments and rights?

A

Chapter 10

47
Q

Council Decision 94/800

A

Adopting multilateral negotiation creating WTO

48
Q

Trademark plain-packaging

A

Phillip Morris v Australia

49
Q

EU hormones case outcome

A

EU refused to comply, so US imposed high trade tariffs on imports from EU to US

50
Q

What would the right to regulate under the EU reformed approach be?

A

Parties can regulate if necessary to achieve legitimate objectives, even if threatens to undermine investor’s returns

51
Q

How do ISDS threaten Statute regulatory autonomy?

A

Fear corporations will always be successful, and that Members will fear the costs of defending the cases, creating a regulatory ‘chilling effect’

52
Q

Cosmas AG in Affish

A

Supports DE of WTO to make it easier to challenge EU law

53
Q

Schedule of Commitments under GATS

A

Introductory notes rights and obligations from GATS lack self-executing effect and no direct rights

54
Q

Phillip Morris v Australia general

A

Trademark plain-packaging

55
Q

What AG in Portugal v Council found Decision 94/800 preamble irrelevant for DE?

A

AG Saggio

56
Q

Article 22(2) WTO

A

Lets ‘winner’ of a dispute suspend trade concessions

57
Q

What kind of appeals to the appellate body in dispute settlement of WTO hear?

A

Appeals on points of law

58
Q

International Fruit Growers Company

A

No DE of GATT

59
Q

How is the arbitral tribunal in ISDS comprised?

A

Three people - one from each, then ideally agreement but frequently intervention

60
Q

What kind of system is the dispute settlement?

A

Intergovernmental - Members can challenge each other but not individuals/corporations

61
Q

How do ISDS lack legitimacy?

A

Lack of transparency, no assured independence and closed system

62
Q

What is the original case showing no direct effect of WTO-similar law?

A

International Fruit Growers Company

63
Q

How was the multilateral negotiation creating WTO adopted in EU?

A

Council Decision 94/800

64
Q

Composition of first instance court under EU reformed approach

A

50 members, 6-year term renewable twice and qualified to hold judicial position in their own country

65
Q

What is direct expropriation?

A

Investment nationalised or otherwise expropriated without compensation

66
Q

How did the Lisbon Treaty expand Article 207 TFEU

A

Includes foreign direct investment

67
Q

In what four ways does the EU seek to reform ISDS?

A

Right to regulate for Members, clearer definition of key terms, transparency and new investment court system

68
Q

Why did AG Saggio find preamble to Decision 94/800 irrelevant?

A

Council cannot interfere with Treaty provisions - agreements are binding or within jurisdiction of CJEU

69
Q

Article 18(4) EU Reformed Approach

A

Guarantee access to documents and let interested 3rds intervene

70
Q

What kind of negotiation was WTO the outcome of?

A

Multilateral negotiation

71
Q

Vattenfall I speculated outcome

A

Germany imposed less demanding standard to settle

Law Second Year (62 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions