Suchergebnisse

The World Trade Organization is the only international body dealing with the rules of trade among nations. Participation in the WTO is nowadays an essential condition for every trading state. Accession to the WTO is a challenging process for an acceding country, because adjusting laws and institutions to the WTO provisions is not enough for membership. The accession process also involves specific bilateral negotiations between an applicant and any WTO Member wishing to hold them. This creates a perfect environment for the WTO Members to seek economic, as well as political interests. This paper examines the WTO accession negotiations, with focus on different countries such as Lithuania, China and Russia. The objective is to ascertain political motives of the WTO members in respect of acceding countries, and define the impact they had on accession negotiations; finally, what interests prevailed: political or economic. The paper concludes that formal accession procedures did not play an important role in negotiations with all examined countries. The WTO negotiations process and results highly depended on the political motives of the WTO Members. The crucial factor modifying Lithuania's accession process was the forthcoming membership in the EU. The European countries were politically motivated to support Lithuania's accession to the WTO.[.].

The World Trade Organization is the only international body dealing with the rules of trade among nations. Participation in the WTO is nowadays an essential condition for every trading state. Accession to the WTO is a challenging process for an acceding country, because adjusting laws and institutions to the WTO provisions is not enough for membership. The accession process also involves specific bilateral negotiations between an applicant and any WTO Member wishing to hold them. This creates a perfect environment for the WTO Members to seek economic, as well as political interests. This paper examines the WTO accession negotiations, with focus on different countries such as Lithuania, China and Russia. The objective is to ascertain political motives of the WTO members in respect of acceding countries, and define the impact they had on accession negotiations; finally, what interests prevailed: political or economic. The paper concludes that formal accession procedures did not play an important role in negotiations with all examined countries. The WTO negotiations process and results highly depended on the political motives of the WTO Members. The crucial factor modifying Lithuania's accession process was the forthcoming membership in the EU. The European countries were politically motivated to support Lithuania's accession to the WTO.[.].

The World Trade Organization is the only international body dealing with the rules of trade among nations. Participation in the WTO is nowadays an essential condition for every trading state. Accession to the WTO is a challenging process for an acceding country, because adjusting laws and institutions to the WTO provisions is not enough for membership. The accession process also involves specific bilateral negotiations between an applicant and any WTO Member wishing to hold them. This creates a perfect environment for the WTO Members to seek economic, as well as political interests. This paper examines the WTO accession negotiations, with focus on different countries such as Lithuania, China and Russia. The objective is to ascertain political motives of the WTO members in respect of acceding countries, and define the impact they had on accession negotiations; finally, what interests prevailed: political or economic. The paper concludes that formal accession procedures did not play an important role in negotiations with all examined countries. The WTO negotiations process and results highly depended on the political motives of the WTO Members. The crucial factor modifying Lithuania's accession process was the forthcoming membership in the EU. The European countries were politically motivated to support Lithuania's accession to the WTO.[.].

Subject of the master thesis is to analyze measurements to reach environmental protection and food law objective, describe the restictions of the free movement of goods which are based on scientific assessment. This phase is a part of risk analysis which includes risk management and risk awareness. World Trade Organization does not distinguish the risk management phase based on precautionary principle. However, all three phases are clearly distinguished and regulated, thus, the principle is interpreted differently in these legal systems. Judicial review of restrictive measures based on scientific assessments stands out in a way that judges are required to analyze scientific evidences in order to carry out assessment of these measurements. Standards of judicial review in the European Union and World Trade Organization are determined by diverse courts involvement in this process. Therefore, external expert provide consultations for the judicial institutions as the specific knowledge is required in order to assess circumstances of the dispute.

Subject of the master thesis is to analyze measurements to reach environmental protection and food law objective, describe the restictions of the free movement of goods which are based on scientific assessment. This phase is a part of risk analysis which includes risk management and risk awareness. World Trade Organization does not distinguish the risk management phase based on precautionary principle. However, all three phases are clearly distinguished and regulated, thus, the principle is interpreted differently in these legal systems. Judicial review of restrictive measures based on scientific assessments stands out in a way that judges are required to analyze scientific evidences in order to carry out assessment of these measurements. Standards of judicial review in the European Union and World Trade Organization are determined by diverse courts involvement in this process. Therefore, external expert provide consultations for the judicial institutions as the specific knowledge is required in order to assess circumstances of the dispute.

In this Master Thesis the influence of WTO law within the EU legal order was analyzed, particularly the direct effect of WTO provisions which is denied by the CJEU. Discussions why directly effective WTO law is denied are still ongoing and the analysis of the case law of the CJEU reveals that double standards are applied for WTO law. As the research showed, even though the direct effect of WTO provisions is denied, WTO law undoubtedly has an impact within the EU legal system. It is seen from the standpoint of two conditions when it is possible to rely on WTO rules in order to review the validity of EU legislation and through the consistent interpretation. The statement was presented that rather limited interpretation on the direct effect of WTO law encouraged to seek sufficiently sturdy effect by using the alternatives for direct effect. However, as it was reveal in this Master Thesis, WTO provisions are still avoided and infringed by EU legislative institutions as well as the CJEU. The first chapter of this Master Thesis examines two concepts – direct effect and direct applicability. The issue of equalization of these concepts regarding WTO law is highlighted. The second chapter analyses the grounds and reveals both legal and political reasons why directly effective WTO law is denied within the EU legal system. The third chapter confirms that under certain conditions it is possible to rely on WTO provisions in order to review the lawfulness of EU acts. The last, fourth, chapter highlights the importance of consistent EU measures adoption and interpretation with WTO law.

In this Master Thesis the influence of WTO law within the EU legal order was analyzed, particularly the direct effect of WTO provisions which is denied by the CJEU. Discussions why directly effective WTO law is denied are still ongoing and the analysis of the case law of the CJEU reveals that double standards are applied for WTO law. As the research showed, even though the direct effect of WTO provisions is denied, WTO law undoubtedly has an impact within the EU legal system. It is seen from the standpoint of two conditions when it is possible to rely on WTO rules in order to review the validity of EU legislation and through the consistent interpretation. The statement was presented that rather limited interpretation on the direct effect of WTO law encouraged to seek sufficiently sturdy effect by using the alternatives for direct effect. However, as it was reveal in this Master Thesis, WTO provisions are still avoided and infringed by EU legislative institutions as well as the CJEU. The first chapter of this Master Thesis examines two concepts – direct effect and direct applicability. The issue of equalization of these concepts regarding WTO law is highlighted. The second chapter analyses the grounds and reveals both legal and political reasons why directly effective WTO law is denied within the EU legal system. The third chapter confirms that under certain conditions it is possible to rely on WTO provisions in order to review the lawfulness of EU acts. The last, fourth, chapter highlights the importance of consistent EU measures adoption and interpretation with WTO law.

The final work of University Postgraduate studies, 65 pages, 18 figures, 3 tables, 57 references, 1 appendix, Lithuanian language. KEY WORDS: agriculture, integration, globalization, liberalization of markets, World Trade Organization. The object of research – Lithuanian agriculture in the context of globalization. The aim of work – to analyze the impact of globalization on the Lithuanian agriculture on the ground of the modern globalization conception. Seeking the aim, the tasks are: 1) to analyze the changes of agriculture in the context of globalization; 2) to analyze the impact of globalization on Lithuanian agriculture; 3) to identify the development problems and perspectives of agriculture in the context of globalization. Methods of research – the analysis of scientific literature, induction, deduction, statistical data compilation and analysis, graphical depiction methods. According to scientific publication articles, monographs, strategic documents of EU, Lithuanian agriculture and rural areas development, legal documents, material gained on the conferences and internet, Department of Statistics to the Government of the Republic of Lithuania and World Trade Organization, World Bank database information.

The final work of University Postgraduate studies, 65 pages, 18 figures, 3 tables, 57 references, 1 appendix, Lithuanian language. KEY WORDS: agriculture, integration, globalization, liberalization of markets, World Trade Organization. The object of research – Lithuanian agriculture in the context of globalization. The aim of work – to analyze the impact of globalization on the Lithuanian agriculture on the ground of the modern globalization conception. Seeking the aim, the tasks are: 1) to analyze the changes of agriculture in the context of globalization; 2) to analyze the impact of globalization on Lithuanian agriculture; 3) to identify the development problems and perspectives of agriculture in the context of globalization. Methods of research – the analysis of scientific literature, induction, deduction, statistical data compilation and analysis, graphical depiction methods. According to scientific publication articles, monographs, strategic documents of EU, Lithuanian agriculture and rural areas development, legal documents, material gained on the conferences and internet, Department of Statistics to the Government of the Republic of Lithuania and World Trade Organization, World Bank database information.

The aim of the research: international trade is one of the most important instruments in the modern globalized economy which is used to achieve wealth and economic growth in all countries of the world that belong to the free trade and open market system governed by such international organizations as World Trade Organization (WTO) or World Customs Organization (WCO). This year (in February 2021) the European Commission also presented and outlined the EU future guidelines/strategy of the international trade and customs policy ("Trade Policy Review", COM (2021) 66 final (European Commission, 2021). Having this in mind, the author of the article reviews the provisions of the above-mentioned document regarding the planned changes in the EU trade policy towards specific third countries (major EU trading partners) and analyses their significance for the EU Member States (including Lithuania)

The aim of the research: international trade is one of the most important instruments in the modern globalized economy which is used to achieve wealth and economic growth in all countries of the world that belong to the free trade and open market system governed by such international organizations as World Trade Organization (WTO) or World Customs Organization (WCO). This year (in February 2021) the European Commission also presented and outlined the EU future guidelines/strategy of the international trade and customs policy ("Trade Policy Review", COM (2021) 66 final (European Commission, 2021). Having this in mind, the author of the article reviews the provisions of the above-mentioned document regarding the planned changes in the EU trade policy towards specific third countries (major EU trading partners) and analyses their significance for the EU Member States (including Lithuania)

The functioning of the modern regulatory system for customs duties, which combines unilateral and multilateral (regional) levels, is currently based on the World Trade Organization (WTO) Agreements (1994) and on the provisions of the Convention on the Harmonised Commodity Description and Coding System (1983). However, the practical application of these provisions is related to conflicts between the sources of national and international law and even the different sources of international law itself. It should be noted that at the present time, individual states have not yet formed a unified approach on whether the WTO Agreements should have a direct effect in their national legal system, as most of the states are following the doctrine of dualism and deny this possibility, although the practices followed by the national courts of the Republic of Lithuania have shown the elements of a monistic approach to this problem. The increasing use of international preferential trade agreements and the prevalence of agreements, which establish the customs unions, could also be regarded as a challenge to the development of international economic law and international trade system. Moreover, analysis of the judicial practices of national courts (in the Republic of Lithuania) and the case law of the Court of Justice of the European Union has confirmed that an explicit approach to the relationship existing between international, EU and national customs law has not yet materialised.

The functioning of the modern regulatory system for customs duties, which combines unilateral and multilateral (regional) levels, is currently based on the World Trade Organization (WTO) Agreements (1994) and on the provisions of the Convention on the Harmonised Commodity Description and Coding System (1983). However, the practical application of these provisions is related to conflicts between the sources of national and international law and even the different sources of international law itself. It should be noted that at the present time, individual states have not yet formed a unified approach on whether the WTO Agreements should have a direct effect in their national legal system, as most of the states are following the doctrine of dualism and deny this possibility, although the practices followed by the national courts of the Republic of Lithuania have shown the elements of a monistic approach to this problem. The increasing use of international preferential trade agreements and the prevalence of agreements, which establish the customs unions, could also be regarded as a challenge to the development of international economic law and international trade system. Moreover, analysis of the judicial practices of national courts (in the Republic of Lithuania) and the case law of the Court of Justice of the European Union has confirmed that an explicit approach to the relationship existing between international, EU and national customs law has not yet materialised.