The European Commission's proposal for a regulation on foreign subsidies provides a novel instrument for regulating economic activities which are facilitated by foreign subsidies, and which potentially distort competition in the internal market. Since the Draft Regulation will only apply to subsidies granted by third States, it will form part of the European Union's trade policy instruments. The article compares select procedural provisions of the Draft Regulation with the procedural rules contained in the Basic Anti-Subsidy Regulation, the main instrument the Commission has used to date to address economic activity in the internal market subsidized by third States.
On 16 May 2017, the Court of Justice of the EU (CJEU) delivered a long-awaited opinion on the legal nature of the free trade agreement between the EU and Singapore (Opinion 2/15). This decision was highly anticipated as it was expected to clarify uncertainties of several aspects of the EU Common Commercial Policy (CCP) which has broadened in scope after the Lisbon Treaty. The CJEU's conclusion on the division of competences and its possible impacts on the CCP immediately sparked a debate within the Union's institutions about its future direction. In particular, the architecture of EU free trade agreements, the dominant tool of the CCP at the beginning of the 21st century, is now under scrutiny. Trade deals without investment provisions could potentially simplify many steps which now burden the treaty-making process. This paper discusses Opinion 2/15 and its significance for the future development of the CCP. It explores and analyses the implications for shaping the post-Lisbon CCP with regard to two specific areas: investment protection and sustainable development. The paper concludes that a new architecture for EU trade agreements could be further improved as there is a potential to preserve the CCP as both an operational and ambitious trade policy. In this respect, comprehensive FTAs encompassing trade, investment and sustainability deserve a second thought in the EU.
The Closed Commercial State -- The Closed Commercial State -- Contents -- Acknowledgments -- Abbreviations and Editorial Apparatus -- Translator's Introduction -- Interpretive Essay: Fichte's Monetary History -- Johan Gottlieb Fichte's: The Closed Commercial State -- Fichte's Table of Contents -- Preliminary clarification of the title -- Dedication -- Dedicatory Remarks -- Introduction: On the relation of the rational state to the actual state, and of pure Right of state to politics -- First Book: Philosophy-what is Right with respect to commerce in the rational state -- First Chapter: Principles for answering this question -- Second Chapter: General application to public commerce of the principles set forth -- Third Chapter: On the presupposed division of the branches of labor in a rational state -- Fourth Chapter: Whether the taxes paid to the state will change anything in the balance of industry -- Fifth Chapter: How this balance of industry is to be secured against the uncertainty of agriculture -- Sixth Chapter: Whether this balance would be endangered through the introduction of money, and changed through the constant progress of the nation to a higher state of prosperity -- Seventh Chapter: Further discussion of the principle set forth here concerning the right to property -- Second Book: History of the present time-the condition of commerce in the actual states of the present -- First Chapter: Preamble -- Second Chapter: The known world considered as one great unitary commercial state -- Third Chapter: The reciprocal relation of the individuals in this great commercial state -- Fourth Chapter: The reciprocal relation of the nations as wholes in this commercial state -- Fifth Chapter: The means that governments have employed up till now to steer this relation to their advantage -- Sixth Chapter: The result of using these means
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The history of European trade is replete with cases of aggressive and restrictive commercial policies. These policies were part of the permanent nature of economic relationships among European nations from feudalism onward. Keynes' golden age passage inThe Economic Consequences of the Peaceexaggerates the extent to which prewar Europe was a free trade zone.
