Esita küsimus elik@nlib.ee

TTIP

Viimati täiendatud: 16.04.2019

Atlandi-ülese kaubandus- ja investeerimispartnerluse lepingu (TTIP)  sisuks on vähendada regulatsioone ... Loe edasi
×

Sulgudes märgitud andmebaas tähendab, et artikli täistekst on elektrooniliselt kättesaadav. See võimaldab Rahvusraamatukogu registreerunud ja otsinguportaali sisseloginud kasutajal sealt kohe sobiv andmebaas valida ja soovitud artikli täistekstini jõuda. Mõned ajakirjad rakendavad elektroonilistele täistekstidele aastast ligipääsupiirangut. Ligipääsupiiranguga täistekstide lugemiseks kirjutage  elik@nlib.ee.

2018

  • Caiani, Manuela ; Graziani, Paolo. Europeanisation and social movements: The case of the Stop TTIP campaign // European Journal of Political Research (2018) nr 4, lk. 1031-1055.
    Over the past years, the economic crisis has significantly challenged the ways through which social movements have conceptualised and interacted with European Union institutions and policies. Although valuable research on the Europeanisation of movements has already been conducted, finding moderate numbers of Europeanised protests and actors, more recent studies on the subject have been limited to austerity measures and the Transatlantic Trade and Investment Partnership (TTIP) has been investigated more from a trade unions’ or an international relations perspective. In this article, the TTIP is used as a very promising case study to analyse social movements’ Europeanisation – that is, their capacity to mobilise referring to European issues, targets and identities. Furthermore, the TTIP is a crucial test case because it concerns a policy area (foreign trade) which falls under the exclusive competence of the EU. In addition, political opportunities for civil society actors are ‘closed’ in that negotiations are kept ‘secret’ and discussed mainly within the European Council, and it is difficult to mobilise a large public on such a technical issue. So why and how has this movement become ‘Europeanised’? This comparative study tests the Europeanisation hypothesis with a protest event analysis on anti‐TTIP mobilisation in six European countries (Italy, Spain, France, the United Kingdom, Germany and Austria) at the EU level in the period 2014–2016 (for a total of 784 events) and uses semi‐structured interviews in Brussels with key representatives of the movement and policy makers. The findings show that there is strong adaptation of social movements to multilevel governance – with the growing presence of not only purely European actors, but also European targets, mobilisations and transnational movement networks – with a ‘differential Europeanisation’. Not only do the paths of Europeanisation vary from country to country (and type of actor), but they are also influenced by the interplay between the political opportunities at the EU and domestic levels. [Academic Search Complete (EBSCO)]
  • Jacur, Francesca Romanin. Corporate Social Responsibility in Recent Bilateral and Regional Free Trade Agreements: An Early Assessment // European Foreign Affairs Review (2018) nr 4, lk. 465–483.
    This contribution first examines the approach and the provisions of selected bilateral and regional FTAs that are relevant for the protection of human and social rights and the environment. It then analyses one of the latest developments in this decade-long normative evolution, which are the CSR clauses included in the more recent FTAs concluded by the European Union. While these clauses, for the time being, are rather programmatic and are coupled with soft implementation mechanisms, some reflections are proposed de lege ferenda on how they could ‘harden’ and become more stringent. (Paberväljaanne)
  • Korenica, Fisnik (et al.)  TTIP’s judicature in the light of Opinion 2/13 // European Public Law (2018) nr. 1, lk. 73–97.
    The adjudication of disputes by a TTIP-established tribunal immediately brings to the fore implications from Opinion 2/13 by the Court of Justice of the European Union (CJEU). However, general proposition remains that no TTIP tribunal can obstruct the autonomy of EU law. Opinion 2/13 establishes the substance of EU legal autonomy, whose ‘characteristics include those relating to the constitutional structure of the EU, which is seen in the principle of conferral of powers referred to in Articles 4(1) TEU and 5(1) and (2) TEU, and in the institutional framework established in Articles 13 TEU to 19 TEU’.
    These TTIP’s adjudicative structures will therefore be examined in the light of these bases. The most important part of the analysis on the TTIP in the view of Opinion 2/13 thus relates to the scope and structure of the jurisdiction of its adjudicative mechanisms. Given that the establishment of tribunals relates to rule on measures impacting EU companies and/or citizens, these two bodies must be assessed for their potential impact on EU legal autonomy. Opinion 2/13 forms the cornerstone decision from which to build an examination of this relationship. (Paberväljaanne)
  • O´Neill, Michael. Challenges to the Western Liberal Order: The End of ‘the West’? // Journal of European Integration History (2018) nr 2, lk. 293 – 316.
    The liberal order that prevailed in the West after the end of the Second World War has recently been challenged from within as much as by external forces. The liberal internationalism and liberal democratic politics that defined the idea of ‘The West’ is now threatened on several fronts: by insurgent politics, not least the Brexit vote in the United Kingdom; by economic and ideological challenges to its role as the singular paradigm of globalization; and most recently by unilateralism from the present incumbent of the White House. Turbulent politics raises serious questions about the capacity of the Western liberal order to survive. Some commentators assert that to claim this is ‘crisis’ is exaggeration. Yet there is a case to answer. (Nomos eLibrary)
  • Steiner, Nils D. Attitudes towards the Transatlantic Trade and Investment Partnership in the European Union: The treaty partner heuristic and issue attention // European Union Politics (2018) nr. 2 lk. 255–277.
    Why has the Transatlantic Trade and Investment Partisanship met with strong public resistance among some Europeans and in some European Union member states, but not in others? This article argues that one important perspective to explain the pattern of support for TTIP is the role of heuristic opinion formation and issue attention. Analysing multiple waves of Eurobarometer data, I find that views of the two treaty partners, the US and the European Union, shape attitudes towards TTIP and that the largely post-materialist concerns over TTIP resonated specifically in those European countries whose citizens’ attention was less focused on economic issues. In showing how opinions towards concrete real-world trade policy proposals are shaped by the political context, these findings complement previous research on citizens’ general stances towards trade. (Sage Journals Online)

2017

  • Bongardt, Annette ; Torres, Francisco. Comprehensive Trade Agreements: Conditioning Globalisation or Eroding the European Model? // Intereconomics (2017) nr. 3.
    Trade dynamics within the EU are presently pushing it towards deepening globalisation through bilateral comprehensive trade agreements which establish far-reaching rules that govern the bilateral trade relationship. The European Commission has defended these agreements as a vehicle through which to promote world trade in accordance with European values and norms.
    However, the theory of fiscal federalism and the principle of subsidiarity tell us that one should not centralise decisions at the supranational level which are better taken at the national or regional level when there are different preferences among countries or regions. Consequently, member state and regional competences ought not to be perceived as a mere obstacle to swift trade deals. Rather, they can provide an important checks and balances function with regard to whether EU trade policy is truly working to condition globalisation according to European values and preferences. [Business Source Complete (EBSCO)]
  • Buonnano, Laurie A.  The new trade deals and the mobilisation of civil society organizations: comparing EU and US responses // Journal of European Integration (2017) nr. 7, lk. 795-809.
    This paper examines mobilisation of civil society organizations (CSOs), focusing primarily on the highly-contested politics engendered by the Transatlantic Trade and Investment Partnership (TTIP), by posing the question, ‘how can we account for strong opposition to TTIP in the EU, while being nearly non-existent in the US?’ It is argued that European CSO opposition to TTIP and mobilisation of European public opinion against TTIP can be traced to the European Commission’s employment of myths – specifically a green, social, and humanitarian Europe in a process of ‘othering’ to build a sense of European national identity. Salient issues in transatlantic trade and regulatory capacity both factor into CSO opposition, themselves also a function of myth making, but also a product of the EU’s governance system. It will be difficult for the EU to accommodate and appease such oppositional groups because of perceptions among many Europeans that Americans tolerate lower regulatory protections. (Taylor & Francis Journals Complete)
  • De Bièvre, Dirk ; Poletti, Arlo. Why the Transatlantic Trade and Investment Partnership is not (so) new, and why it is also not (so) bad // Journal of European Public Policy (2017) nr 10, lk. 1506-1521.
    De Ville and Siles-Brügge (2016) argue that the politics of the Transatlantic Trade and Investment Partnership (TTIP) negotiations are entirely new and that it will lead to ‘regulatory chill’. We think these two statements are untenable from a logical and empirical standpoint. While distributive political conflict is relatively absent because of firms’ integration into global value chains, civil society organizations voice value-based opposition to the prospective agreement, just like in the past. TTIP is also unlikely to undermine contracting parties’ ability to regulate the market to promote fundamental social values, because regulatory convergence is generally decided upon in a piece-meal fashion, and is subject to a super-majoritarian (dis)approval threshold in the Council, the European Parliament and national parliaments. Moreover, we show why it is plausible to expect TTIP to result in an upgrading of world trade rules, a benign development on the global level. (Taylor & Francis Journals Complete)
  • Dominguez, Roberto. TTIP: contentious market regulation // Journal of European Integration (2017) nr. 7, lk. 859-874.
    Based on the extensive literature in the area of historical institutionalism and regulation, this article embarks on the discussion about the concept of contentious market regulation and argues that the negotiations for a Transatlantic Trade and Investment Partnership (TTIP) are emblematic of a new generation of trade liberalization. Since the negotiations started, however, the TTIP has faced the main challenge has been how to bridge the gap between the initial consensus for boosting transatlantic economic growth through trade and the increasing contestation conveyed by several actors during the negotiation process. The article finds four main factors defining the interaction between the array of players involved in the TTIP negotiation process. First, the resilience of negotiators and regulators to efficiently advance the transatlantic agenda by adapting to new demands (investment court), finding alternatives to internal resistances (federal means of liberalizing public procurement), and continuing working on technical regulations for improving market competition in the transatlantic area (automotive sector). Second, the disagreements and polarizations within the legislative bodies as well as the public opinion and social movements on both side of the Atlantic, undermining the legitimacy of the negotiation process. Third, the increasing hesitation from decision-makers to continue the TTIP negotiations, potentially eroding the effectiveness of negotiators to reached an agreement. Fourth, the more interconnected trend among preferential trade talks. (Taylor & Francis Journals Complete)
  • Eliasson, Leif Johan ; García-Duran, Patricia. Why TTIP is an unprecedented geopolitical game-changer, but not a Polanyian moment Journal of European Public Policy (2017) nr 10, lk.1522-1533.
    This contribution argues that the Transatlantic Trade and Investment Partnership (TTIP) is unprecedented, not because it constitutes a Polanyian moment, but rather because it offers an alternative to multilateralism through the World Trade Organization (WTO). Never before has bilateralism offered such a ‘best alternative to no agreement’ (BATNA) to members of the core decision-making body of the WTO negotiating arm, making TTIP an unprecedented geopolitical game-changer. The anti-TTIP campaign, however, has not been driven by concerns with either geopolitics or trade liberalization, but rather fears about the European Union’s (EU’s) bargaining power. By strategically focusing on the potential impact on public policy and safety standards, normative arguments promulgated by opponents reflect concerns with perceived threats to the status quo and a willingness to preserve the same. The United States is presented (implicitly) as more powerful than the EU, and therefore perceived as able to impose its preferences, which are considered too neoliberal. (Taylor & Francis Journals Complete)
  • Hübner, Kurt ; Deman, Anne-Sophie ; Balik, Tugce. EU and trade policy-making: the contentious case of CETA // Journal of European Integration (2017) nr. 7, lk. 843-857.
    The final version of the Comprehensive Economic Trade Agreement (CETA) between the European Union (EU) and Canada represents the archetype for new trade regimes. Ratification, however, has become an increasingly contentious issue for the EU. We argue that while CETA was pushed by a coalition of sectoral actors, the support for such an agreement increasingly dwindled. This is due to a vehement anti-FTA sentiment across the EU, propagated by the onset of Transatlantic Trade and Investment Partnership negotiations. We state as paradox that the Commission insisted to include the Canadian provinces in order to secure the operation of an agreement and at the same time neglected its own weak political power to settle the agreement. CETA came into being but may not become the comprehensive agreement as it was being negotiated as the investment chapter may run into ratification problems by a small number of member states. (Taylor & Francis Journals Complete)
  • Jančić, Davor. TTIP and legislative‒executive relations in EU trade policy // West European Politics (2017) nr. 1, lk. 202-221.
    This paper analyses Transatlantic Trade and Investment Partnership (TTIP) negotiations in order to assess how the move towards tighter economic integration within the EU‒US strategic partnership impacts on legislative‒executive relations in EU trade policy. The analysis examines the institutional, substantive and party political dimensions of national parliaments’ scrutiny of the Common Commercial Policy.
    Based on insights into both domestic and EU channels of parliamentary monitoring of TTIP negotiations, the paper argues that, although the government remains the central object of democratic control, the involvement of national parliaments in transatlantic trade extends to encompass the EU’s own transatlantic and trade policies. This is rooted in the legislatures’ legal capacity to constrain the executive in the negotiation, conclusion and, where applicable, ratification phases of EU trade agreements. It is argued that national parliamentary influence takes the shape of politicisation of the legitimacy of the expected policy outcomes of these agreements. (Taylor & Francis Journals Complete)
  • Laursen, Finn ; Roederer-Rynning, Christilla. Introduction: the new EU FTAs as contentious market regulation // Journal of European Integration (2017) nr. 7, lk. 763 – 779.
    EU trade policy is in flux. This reflects various developments, chief among them: the deepening of the global trade liberalisation agenda, the EU’s own constitutional recasting of the Common Commercial Policy, and the politicization of trade. The purpose of this special issue is to analyse the changing politics of trade in the EU, focusing on the EU FTAs with Korea, the US, Canada, and Japan. We propose to view the negotiations of these agreements through the lens of contentious market regulation. This approach takes the regulatory turn in trade seriously, and sheds light on its ramifications for the mobilisation of new actors and the involvement of parliaments in the politics of trade. After tracing the development of the new EU FTAs and discussing the specificity of the EU’s approach to deepened liberalisation, the article presents the framework of contentious market regulation and the individual contributions to the special issue. (Taylor & Francis Journals Complete)
  • Organ, James. EU citizen participation, openness and the European Citizens Initiative: The TTIP legacy // Common Market Law Review (2017) nr. 6, lk. 1713–1747.
    This paper analyses the European Citizens Initiative, consultation, and transparency in the context of the Transatlantic Trade and Investment Partnership (TTIP) negotiations, to assess what it tells us about EU citizen participation and the principle of openness. It focuses on the institutional mediation of citizen participation and the degree to which the Commission facilitates such participation and accepts citizen influence over policy-making in EU external affairs. Three categories of openness are used in the analysis: institutional transparency with little or no participation; a democratically weak institutional approach as a means to improve the effectiveness of governance and support existing policy; and thirdly an institutional acceptance of effective citizen participation that facilitates citizen influence over agenda-setting. It is argued that the Commission has made some progress during TTIP in terms of transparency, but that the Commission does not take a strongly democratic position on citizen participation in external affairs. It only engages with citizens as passive actors who can support the effectiveness of EU governance.  (Paberväljaanne)
  • Pelkmans, Jacques. Business dimensions of EU´s new FTAs // Journal of European Integration (2017) nr. 7, lk. 781-794.
    Recent Free Trade Area (FTA) agreements of the EU are ‘deep and comprehensive’. This can be explained by the various and complex ‘trading costs’ that business encounters when accessing a foreign market and which business is keen to reduce as much as possible. The paper examines what ‘deep and comprehensive’ means more precisely in four EU FTAs: CETA and EU/Korea, and two FTAs that have not yet been completed (TTIP and EU/Japan). It provides a tentative explanation of the nature of these four modern EU FTAs by taking a closer look at the business dimension, in particular transnational value chains in some prominent sectors, the growing importance of services and inter-sectoral linkages. (Taylor & Francis Journals Complete)
  • Roederer-Rynning, Christilla ; Kallestrup, Morten. National parliaments and the new contentiousness of trade // Journal of European Integration (2017) nr. 7, lk. 811-825.
    Rather than becoming obsolete, national parliaments have come back obstinately in the politics of trade. This article develops this proposition and explores its contribution to the idea of twenty first-century trade as contentious market regulation. Contra the Lisbon Treaty, national parliaments’ assertion entrenches the role of domestic actors in the EU trade liberalisation policy, and fleshes out its multi-level parliamentary bases. We discuss the role, drivers, and patterns of parliamentary assertion and explore parliamentary assertion using preliminary survey and case study material. We find that the Transatlantic Trade and Investment Partnership negotiations represented the tipping-point of parliamentary assertion. Through interpretation and political engagement, national parliaments have forged a role for themselves that was unforeseen in the Lisbon Treaty: weighing in on the policy-making and the ratification processes. In Europe, parliamentary assertion reflected the twin impact of a changing global trade agenda and the centralisation of the EU trade policy regime. (Taylor & Francis Journals Complete)
  • Siles-Brügge, Gabriel ; De Ville, Ferdi. Why TTIP is a game-changer and its critics have a point // Journal of European Public Policy (2017) nr. 10, lk. 1491-1505.
    The heated scholarly and public debate on the Transatlantic Trade and Investment Partnership (TTIP) has centred predominantly on two questions. Firstly, is there something particularly special about TTIP, other than the fact that it involves the world’s largest trading partners? And, secondly, is the concern about TTIP’s deleterious effects justified? The starting point for our argument is that understanding an agreement like TTIP requires an emphasis on the socially constructed nature of reality. TTIP is ultimately novel in terms of the regulatory scope of its provisions, and it is problematic because it subtly promotes the (socially constructed) interests of those who merely see regulation as inefficient ‘red tape’. (Taylor & Francis Journals Complete)
  • Young, Alasdair R. European trade policy in interesting times // Journal of European Integration (2017) nr. 7, lk. 909-923.
    This article draws out the implications of the other contributions to this special issue and reflects on their implications for the development of the European Union’s trade policy. It makes three main arguments. First, intense popular opposition to (some) trade agreements has disrupted the EU’s efforts to manage the tensions among the objectives of policy-making efficiency, policy effectiveness and political legitimacy. Second, public opposition to trade agreements is profoundly shaped by how the threat from trade has been framed. Third, the politics of different free trade agreements are even more interconnected than has been previously acknowledged. Taken together these arguments mean that EU trade policy is being made in particularly ‘interesting times’ and is, therefore, especially challenging. (Taylor & Francis Journals Complete)

2016

Legal Issues of Economic Integration (2016), nr  4, pühendatud Atlandi-ülesele kaubandus- ja investeerimispartnerluse lepingule

  • Situating TTIP in the external relations of the EU. – lk. 323.
  • Fahey, Elaine. On the Benefits of the Transatlantic Trade and Investment Partnership (TTIP) Negotiations for the EU Legal Order: A Legal Perspective. – lk. 327.
  • Takacs, Tamara. Situating the Transatlantic Trade and Investment Partnership (negotiations) in European Union Common Commercial Policy. – lk. 341.
  • Ortino, Frederico. Defining Indirect Expropriation: The Transatlantic Trade and Investment Partnership and the (Elusive) Search for `Greater Certainty`. – lk. 351.
  • Baetens, Freya. The European Union´s Proposed Investment Court System: Addressing Criticism of Investor-State Arbitration While Raising New Challenges. – lk. 367.
  • Hijmans, Hielke. The Transatlantic Trade and Investment Partnership and the Developments in the Area of Privacy and Data Protection. – lk. 385.
  • Gruni, Giovanni. Law or Aspiration? The European Union Proposal for a Labour Standards Clause in the Transatlantic Trade and Investment Partnership. – lk. 399.
  • Bourgeois, Jacques H. J. Is Transatlantic Trade and Investment Partnership a Regional Contribution to Global Economic Governance? – lk. 407.
  • Larik, Joris. Critiquing the Tranatlantic Trade and Investment Partnership (TTIP): Systemic Consequences for Global Governance and the Rule of Law. – lk. 423.

 

European Foreign Affairs Review (2016), nr 3, pühendatud Atlandi-ülesele kaubandus- ja investeerimispartnerluse lepingule

  • Malmström, Cecilia. The Case for an Ambitious Transatlantic Trade and Investment Partnership and Sustainable Trade. – lk. 315–317.
  • Gstöhl, Sieglinde ; Monar, Jörg ; Neuwahl, Nanette. Introduction to the 20th Anniversary Issue of the European Foreign Affairs Review Transatlantic Leadership in a Global Perspective: Challenges and Opportunities. – lk. 319–327.
  • Henrikson, Alan K. Historical Forms of US-European Cooperation: Combination or ‘Only’ Coordination?. – lk. 329–354.
    A review of the historic modalities – potential and actual, proposed and real – of transatlantic cooperation reveals a basic difference between two forms: the one tending towards combination of resources and effort, implying a federal or some other kind of formal organization, even nominal ‘union’; the other favouring, instead, coordination, allowing for independence of action but nonetheless encouraging practical partnership in many areas of policy and also geographic places. A ‘structural’ approach to strengthening transatlantic leadership, which the author himself supports, does not necessarily imply an elaborate architecture. What it does require, beyond formation of a Leadership Group (however named and constituted), is a wider awareness of the existence of an ‘Atlantic community’, a well-articulated and shared concept of it, and, moreover, a new recognition of the Atlantic pan-region as itself a ‘pole’, among poles, in today’s multipolar world.
  • Wallace, William. Are Values Diverging Across the Atlantic?. – lk. 355–363.
  • Hamilton, Daniel S. Rule-Makers or Rule-Takers?: An American Perspective on Transatlantic Trade and Investment Partnership. – lk. 365–382.
    The Transatlantic Trade and Investment Partnership (TTIP), currently under negotiation by the United States and the European Union is not just another free trade agreement but a means for both parties to move beyond old bilateral disputes to reposition themselves for a world of diffuse power and intensified competition. Economically, TTIP is an effort to generate jobs and growth on each side of the Atlantic by going beyond traditional at-the-border trade tariffs to tackle regulatory differences in ways that can enhance rather than block growth without lowering standards; and to use transatlantic agreement on such high standards to maintain and lift international standards. Geopolitically, TTIP can be both a symbolic and practical assertion of Western renewal, vigour and commitment; is an important means to engage rising powers on the terms of their integration into the international order; and is a potentially important instrument to bolster that order.
  • Peterson, John. Choosing Europe or Choosing TTIP?: The European Union and the Transatlantic Trade and Investment Partnership. – lk. 383–401.
    This analysis presents a European view on the Transatlantic Trade and Investment Partnership (TTIP). It argues that the European Union (EU) needs agreement on TTIP more than the United States (US) both for economic and political reasons. Yet, a European anti-TTIP movement has coalesced that argues that the EU must ‘choose Europe or choose TTIP’: the latter threatens to ‘Americanize’ Europe and lead to lower standards of consumer and environmental protection. The choice is a false one but the EU has been late to refute it and it continues to negotiate internally on TTIP even as it negotiates with the US. The TTIP negotiations have also exposed the Union’s ‘strategic partnerships’ as ill-organized and ineffective. Nevertheless, TTIP offers the US and EU a chance to write rules on international economic exchange that could be exported to the global level at a time when a more multipolar international order is emerging.
  • Goldgeier, James. The State of the Transatlantic Alliance. – lk. 403–413.
    The North Atlantic Treaty Organization has much to be proud of since the end of the Cold War more than a quarter century ago, including enlargement across Central and Eastern Europe, the protection of the Kosovar Albanians, counterterrorism missions in the Mediterranean, the delivery of humanitarian assistance to Indonesia after the tsunami, and counter-piracy operations in the Indian Ocean. The operations in Afghanistan and Libya ultimately did not produce desirable outcomes after achieving their initial goals, but both of those endeavours demonstrated the strong intra- Alliance collaboration as well as cooperation with external partners. The main causes of concern for the Alliance have been the continued low levels of defence spending by Canada and most European allies, the renewed threat posed by the Vladimir Putin regime in Russia, and the refugee crisis that has divided Europe and decreased the sense of security across the continent. Despite the crises and the sense of doom that pervades United States and European capitals, the transatlantic Alliance is likely to endure. There are enough shared values and interests to provide a strong foundation for close relations in the face of the enormous political, economic, and social turmoil that will continue to confront decision makers. In many ways, the United States and Europe have no choice but to maintain an Alliance that has served them so well.
  • Fröhlich, Stefan. Transatlantic Leadership in a Multipolar World: The EU Perspective. – lk. 415–429.
    The following article suggests that the weakening of the transatlantic bond was, and still is, inevitable, as the end of the Cold War reduced Europe’s reliance on the United States (US) for security. As a result the relationship has become more pragmatic and politics more selective at a time when the EU and the US need each other (not least because of the strong economic interdependence) maybe more than ever. Both sides differ more often than in the past (on issues such as the rise of China and a re-assertive Russia, the threat from Europe’s southern periphery or the systemic challenges posed by autocratic regimes regarding the future global governance structures) and for this reason have to forge strategic partnerships with many others as well. Against this background Europe’s unwillingness to allocate funds and unfold leadership is the most valuable indicator (and not the successful completion of the Transatlantic Trade and Investment Partnership) of how seriously it is taking the underlying strategic issues. It is this unwillingness that has hampered Europe’s geostrategic influence in its neighbourhood, the US value of security guarantees, and the future of the liberal order
  • Schunz, Simon. The Prospects for Transatlantic Leadership in an Evolving Multipolar World. – lk. 431–447.
    This article explores the prospects for joint leadership by the United States (US) and the European Union (EU) in an evolving multipolar world. Arguing that multipolarity leads to a highly differentiated global system, it conceptualizes global order as negotiated order revolving around issue-specific global governance arrangements subject to constant negotiation processes. In this context, transatlantic leadership depends not only on a US and EU willingness to lead individually and collectively, but especially on their capacity to define joint purposes and mobilize followers in issue areas relevant to global order. To test whether the two parties fulfil these conditions, the article first engages in a discourse analysis comparing US and EU leadership ambitions and visions of world order as expressed in their global strategies. US and EU rhetoric is subsequently compared to their (inter)action in the major global policy domain of climate change, focusing on the negotiations of the 2015 Paris Agreement. The article finds that opportunities for US-EU leadership generally exist, but that sustained future leadership will depend on renewed commitments and tend to be, rather than cross-cutting and relatively stable as during the Cold War, issue-specific and contingent, necessitating regular negotiation with other major global forces.

    2016

  • Calliess, Christian ; Dross, Miriam. TTIP: Regulierungszusammenarbeit auf Kosten der Umwelt? // Die Öffentliche Verwaltung (2016) nr. 15, lk. 621-629.
    Das geplante transatlantische Handels- und Investitionsabkommen TTIP (Transatlantic Trade and Investment Partnership) zwischen der EU und den USA steht in der Kritik. Diese richtet sich auch gegen die geplante Zusammenarbeit in Regulierungsfragen, weil mit ihr die Befürchtung verbunden wird, dass das Schutzniveau im Umwelt- und Gesundheitsbereich sinken könnte. Der nachfolgende Beitrag stellt zunächst die regulatorische Kooperation in ihren Grundzügen dar und ordnet sie dann im Hinblick auf mögliche Auswirkungen auf die Umwelt ein. (BECK)
  • Jančić, Davor. The Role of the European Parliament and the US Congress in Shaping Transatlantic Relations: TTIP, NSA Surveillance, and CIA Rendition // Journal of Common Market Studies (2016) nr. 4, lk. 896-912.
    This article analyses the manner in which the parliaments of the EU and the US – two key global strategic partners – participate in the shaping of transatlantic relations. The article argues that the European Parliament (EP) and Congress aim not only to influence their executive branches but also to act autonomously in the transnational arena through parliamentary diplomacy. They seek to secure concessions both formally by scrutinizing transatlantic international agreements, such as TTIP, as well as informally by exposing injustices and diplomatic misconduct through human rights advocacy and institutional pressure, such as in the cases of the NSA surveillance and CIA renditions. The article demonstrates that the EP and Congress have created capacities for internal scrutiny and transnational interparliamentary dialogue and that they utilize their consent powers to make claims, condition transatlantic negotiations and gain greater presence, visibility and influence in international affairs. (Business Source Complete (EBSCO))
  • Koutrakos, Panos. Negotiating International Trade Treaties after Brexit // European Law Review (2016) nr. 4, lk. 475-478.
    The outcome of the referendum of 23rd June 2016 has focused attention on two formidable tasks, namely the divorce arrangement between the United Kingdom and the EU and the agreement on the future relationship between the two parties. There is, however, a third layer of uncertainty and complexity that the UK would have to face as a non-Member State, that is its trade relations with third countries. (Westlaw International)
  • Meissner, Katharina. Democratizing EU External Relations: The European Parliament´s Informal Role in SWIFT, ACTA and TTIP // European Foreign Affairs Review (2016) nr. 2, lk. 269-288.
    Since 1958, the European Parliament (EP) has come a long way from being a talking shop to being a powerful legislative organ. In the European Union’s external relations, the EP’s role was initially very weak, when it was sometimes not even consulted on international agreements. The Lisbon Treaty strengthened the parliamentary role in external relations covering policies where the ordinary legislative procedure applies by ascribing the EP the right to ratification of international agreements. Formally limited to voting on final agreements, the EP has widely expanded its informal role in external relations since the Lisbon Treaty’s entry into force in December 2009. Now, its role goes beyond the provisions as laid out in the Lisbon Treaty and even the role of national parliaments in international agreements. Since the negotiations on a Transatlantic Trade and Investment Partnership (TTIP), the EP has been active at all stages of negotiations – negotiation directives, negotiation rounds, ratification of agreement, and implementation of agreement – which activities reach as far as influencing the agreements’ substance. Analysing with what strategies the EP has achieved this involvement – by providing original data from fifteen semi-structured interviews with EU officials – this article assesses the EP’s informal role in the negotiation of international agreements since the Lisbon Treaty in three in-depth case studies: the SWIFT agreement, the Anti-Counterfeiting Trade Agreement (ACTA), and the ongoing TTIP negotiations.
  • Petersmann, Ernst-Ulrich . The European Union’s ‘Cosmopolitan Foreign Policy Constitution’ and Its Disregard in Transatlantic Free Trade Agreements // European Foreign Affairs Review (2016) nr. 4, lk. 449–468.
    The universal recognition of human rights promotes international ‘cosmopolitan law’ protecting rights and judicial remedies of citizens in ever more fields of international regulation. Yet, even though free trade agreements (FTAs) protecting rights and remedies of citizens have been uniquely successful in European integration, the European Union (EU)’s ‘cosmopolitan foreign policy mandate’ is increasingly disregarded in FTA negotiations with non-European countries. The EU’s transatlantic FTAs risk undermining fundamental rights and judicial remedies inside the EU. Citizens rightly challenge the interest group politics in designing transatlantic FTAs and the EU’s neglect for participatory and deliberative democracy in EU trade policies on regulating international markets.
  • Stancke, Fabian. TTIP, CETA und die Rolle des Wettbewerbsrechts in internationalen Freihandelsabkommen // Europäische Zeitschrift für Wirtschaftsrecht (2016) nr. 15, lk. 567-572.
    Die Rolle des Wettbewerbsrechts – und hier insbesondere des Kartellrechts – bei der Schaffung eines offenen und fairen Welthandels wurde in der Vergangenheit immer wieder diskutiert, aber weder in der Wissenschaft noch in der politischen Diskussion angemessen berücksichtigt. Dass freier Handel und damit die Schaffung einheitlicher Wirtschaftsräume auch die Einführung von Wettbewerbsregeln erfordern, haben bereits die Unterzeichnerstaaten der Römischen Verträge von 1957 erkannt. Die Wettbewerbsvorschriften des EWG-Vertrags (nunmehr AEUV) sind seit Beginn an unerlässlicher Bestandteil des europäischen Rechtsrahmens. Der nachfolgende Beitrag beschäftigt sich vor diesem Hintergrund mit der ordnungsrechtlichen und praktischen Bedeutung des Kartellrechts für den Freihandel und Freihandelsabkommen und insbesondere für einen zukünftigen transatlantischen Freihandelsraum. (BECK)
  • Villaverde, Jose ; Maza, Adolfo. The effects of the TTIP on EU countries: ex-ante evaluation // Revista de Economía Mundial (2016) nr. 42, lk. 169-192.
    The EU and the US are involved currently in discussions of what is called the Transatlantic Trade and Investment Partnership (TTIP). Up to now, there have been several attempts to assess the economic impact of the TTIP, both at the EU-wide level and for some of the EU countries. None of these studies, however, pays any attention to the potential impact of the TTIP on every EU country, which is the main aim of this paper. In a nutshell, the main findings indicate that the effects of the TTIP agreement are going to be small, albeit positive, and not equally distributed. More specifically, the most developed countries tend to be those that, potentially, will undergo a higher increase in their trade with the US, so they are more likely to reap benefits from the TTIP than the less developed countries. This being so, the TTIP will (weakly) increase cross-country disparities. (Business Source Complete (EBSCO))
  • Weiß, Wolfgang. Informations- und Beteiligungsrechte des Deutschen Bundestags bei gemischten Abkommen wie TTIP // Die Öffentliche Verwaltung (2016) nr. 16, lk. 661-667.
    Die Frage nach der Intensität parlamentarischer Mitwirkung beim Abschluss gemischter Abkommen stellt sich angesichts der Vielzahl von EU-Freihandelsabkommen, die wie das Freihandelsabkommen mit Kanada (Comprehensive Economic and Trade Agreement – CETA) kürzlich finalisiert wurden oder sich wie das TTIP (Transatlantic Trade and Investment Partnership) in der Verhandlung befinden, derzeit häufig. Die vorliegende Analyse zeigt, dass der Deutsche Bundestag bei gemischten Abkommen nicht allein auf die Zustimmung zur Ratifikation beschränkt ist. Gegenstand der parlamentarischen Erörterung ist das Abkommen insgesamt. Die Integrationsverantwortung des Bundestags gebietet verfassungsrechtlich eine umfassende Information, die unionsrechtlich auch zu ermöglichen ist. Ferner fordert sie eine Zustimmung des Bundestags bereits für die vorläufige Anwendung. (BECK)
  • Weiß, Wolfgang. Kompetenzverteilung bei gemischten Abkommen am Beispiel des TTIP // Die Öffentliche Verwaltung (2016) nr. 13, lk. 537-548.
    Die Frage nach der Reichweite der EU-Zuständigkeiten für den Abschluss von EU-Freihandelsabkommen stellte sich erst kürzlich verschärft im politischen Streit um die Ratifikationserfordernisse für das Wirtschaftspartnerschaftsabkommen mit den Staaten der Westafrikanischen Wirtschaftsgemeinschaft. Diese Fragestellungen werden hier für das TTIP (Transatlantic Trade and Investment Partnership – Transatlantische Handels- und Investitionspartnerschaft) erörtert. Dabei zeigt sich, dass auch das TTIP als gemischtes Abkommen abzuschließen ist. (BECK)

2015

  • Bishop, Doak. Investor–State Dispute Settlement Under the Transatlantic Trade and Investment Partnership: Have the Negotiations Run Aground? // ICSID Review: Foreign Investment Law Journal (2015) nr. 1, lk. 1-9.
    The article presents a speech by Doak Bishop, partner at the Houston, Texas based-law firm King & Spalding LLP in Conference on Arbitration of Energy Disputes: New Challenges held at the Danish Institute of Arbitration in Copenhagen, Denmark from September 1-2, 2014. It discusses the investor-state dispute settlement under the Transatlantic Trade and Investment Partnership (TTIP). It further discusses the importance of dispute settlement in the international energy industry. (Business Source Complete (EBSCO))
  • Cremona, Marise. Guest Editorial: Negotiating the Transatlantic Trade and Investment Partnership (TTIP) // Common Market Law Review (2015) nr. 2, lk. 351 – 362.
  • Felbermayr, Gabriel ; Kohler, Wilhelm. TTIP und die Entwicklungsländer: Gefahren, Potenziale und Politikoptionen // ifo Schnelldienst (2015) nr. 2, lk. 26-36.
    Das Freihandelsabkommen zwischen der EU und den USA, TTIP, wird aufgrund seiner Größe auch Schwellen- und Entwicklungsländer betreffen. Diese profitieren zwar, wenn zusätzliches Wachstum in den TTIP-Ländern die Auslandsnachfrage nach ihren Waren erhöht, aber zugleich müssen sie um ihre preisliche Wettbewerbsfähigkeit in der EU und den USA fürchten, weil die TTIP-Partner in diesen Ländern dank des Abkommens billiger anbieten können. In einer neuen Studie für das Bundesministerium für wirtschaftliche Zusammenarbeit und Entwicklung hat sich das ifo Institut gemeinsam mit dem Institut für Angewandte Wirtschaftsforschung (IAW) in Tübingen mit der Frage beschäftigt, wie sich diese beiden gegenläufigen Effekte saldieren. Die Ergebnisse sind: (i) pauschale Aussagen sind unmöglich, denn manche Drittstaaten werden wahrscheinlich gewinnen, andere verlieren; (ii) die Verluste sind gemäß mehreren Modellsimulationen nicht bedrohlich; (iii) es gibt eine Reihe von rea¬listischen Möglichkeiten, die TTIP entwicklungsländerfreundlich zu gestalten. (Business Source Complete (EBSCO))
  • Gostomski, Eugeniusz ; Michałowski, Tomasz. Negotiations on the Transatlantic Free Trade Area. Effects of the Proposed Agreement on the Economies of the European Union and the United States of America // European Integration Studies (2015) nr. 9, lk. 127-138.
    The paper is devoted to the Transatlantic Trade and Investment Partnership (TTIP), which is also called the Transatlantic Free Trade Area (TAFTA). The problem is whether TTIP should be created, and if yes, what shape it should take, and how it will affect the economies of the European Union (EU) and the United States (US). The aim of the paper is to answer the questions: what is the essence of the TTIP agreement, what reasons for this project are and what consequences will it have? At first, the authors present a declining role of the EU and the US in the global economy. Next, they analyse trade and investment flows between the EU and the US. Then, they analyse main motives for TTIP and present the course of TTIP negotiations. In the next section, the authors discuss the main barriers to the economic relations between the EU and the US. Then, they deal with controversies around the protection of investment and with concerns and risks arising from TTIP. In the final section, the authors analyse political consequences of launching TTIP. The authors conclude that the establishment of a free trade area covering the EU and the US could contribute to economic recovery on both sides of the Atlantic. The combination of lower production costs in the US with the highest European technological potential is a prerequisite for the production of excellent products at competitive prices and their sales in international markets, which in turn can stop the trend of decline in the role of the EU and the US in the world trade. The TTIP would also strengthen transatlantic political ties and make the voice of the EU and the US more powerful in the process of searching solutions of many problems of the modern world. (Business Source Complete (EBSCO))
  • Hufbauer, Gary Clyde ; Cimino-Isaacs, Cathleen. How will TPP and TTIP Change the WTO System?  // Journal of International Economic Law (2015) nr. 3, lk. 679-696.
    The rise of new free trade agreements in the 1990s and early 2000s altered the dynamic of the World Trade Organization (WTO) as the arbiter of world commerce forever. Moreover, WTO negotiating rounds over the past decade have been beset with irreconcilable objectives among WTO members, with emerging market members fundamentally opposed to opening their markets to exports from advanced countries. The consequence was scant progress and missed deadlines, culminating in the failed Geneva Ministerial of 2008. At the Bali Ministerial in 2013, the WTO members could only muster strength to endorse the Trade Facilitation Agreement, while postponing action on numerous and more contentious Doha issues. The cumulative result is that the WTO is now at the back of the parade in addressing 21st-century trade issues. Two mega-regionals—the Trans-Pacific Partnership (TPP) and the Transatlantic Trade and Investment Partnership (TTIP)—will undoubtedly change the multilateral trading system. This article assumes both negotiations will be concluded and ratified by 2018. However, even if neither mega-regional agreement succeeded, their negotiating objectives and ultimate stumbling blocks will shape the future of the WTO. If WTO members collectively reject the lessons, the institution will fade as an arbiter of commercial relations between nations.
  • JANČIĆ, Davor. Transatlantic Regulatory Interdependence, Law and Governance: The Evolving Roles of the EU and US Legislatures // Cambridge Yearbook of European Legal Studies (2015) nr. 17, lk. 334-359.
    This article analyses the roles of the European Parliament and the US Congress in addressing regulatory interdependencies arising in the EU–US strategic partnership. It examines their international actorness as a potential remedy for the problems of democratic participation, executive dominance, and opaqueness in the shaping of transatlantic relations. It shows that legislatures significantly contribute to regulatory discrepancies and trade disputes and that the adverse consequences thereof justify more intensive ex ante cooperation between them. The analysis conducts two groups of case studies to demonstrate how the EP and Congress influence law and policy in areas of transatlantic regulatory and foreign policy divergence. The first group of case studies analyses parliamentary involvement in the making of international agreements (TTIP and ACTA). The second group of case studies inspects legislative action with extraterritorial effects (US Helms–Burton and Sarbanes–Oxley Acts). The article argues that the EP and Congress have so far frequently acted against the spirit of the strategic partnership in ways that are injurious to the interests of the other side, and discusses whether an interparliamentary early warning mechanism could reduce legislative and political frictions and increase the coherence of transatlantic lawmaking. (HeinOnline)
  • Krajewski, Markus. Öffentliche Dienstleistungen in EU-Freihandelsabkommen // Zeitschrift für Öffentliche und Gemeinwirtschaftliche Unternehmen (ZÖgU) (2015) nr. 1, lk. 21-50.
    Die aktuelle Kontroverse um die Freihandelsabkommen der EU mit Kanada (CETA) und den USA (TTIP) betrifft auch die möglichen Auswirkungen dieser Abkommen auf die öffentliche Daseins vorsorge. Der vorliegende Beitrag erörtert, wie sich Freihandelsabkommen auf die Organisation und Erbringung von öffentlichen Dienstleistungen auswirken und mit welchen vertraglichen Modifikationen diese Auswirkungen beschränkt oder ausgeschlossen werden können. Im Zentrum der Untersuchung wird ein allgemeiner Analyserahmen entwickelt, mit dem die Auswirkungen von Freihandelsabkommen auf öffentliche Dienstleistungen untersucht werden können. Dieser Rahmen wird auf CETA und TTIP angewendet. So kann gezeigt werden, dass die Grundprinzipien von Freihandelsabkommen bestimmte Modelle der Erbringung von öffentlichen Dienstleistungen erschweren können, wenn keine ausreichenden vertraglichen Schutzvorschriften bestehen. (Business Source Complete (EBSCO))
  • Watts, Jessica. The Transatlantic Trade and Investment Partnership: An Overly “Ambitious” Attempt to Harmonize Divergent Philosophies on Acceptable Risks in Food Production Without Directly Addressing Areas of Disagreement // North Carolina Journal of International Law & Commercial Regulation (2015) nr. 1, lk. 83-136.
    The article focuses on the Transatlantic Trade and Investment Partnership (TTIP), a free trade agreement between the U.S. and European Union (EU), that would remove tariffs between the U.S. and EU and derive economic benefits from the TTIP. It informs that the TTIP agreement aims to employ set of standards and methods in consumer safety regulation. It further states that the TTIP aims to resolve philosophical differences in food policies between Europe and the U.S. (Business Source Complete (EBSCO))

2014

  • Crouch, Colin. Democracy at a TTIP’ing point: Seizing a slim chance to reassert democratic sovereignty in Europe // Juncture (2014) nr. 3, 176-181.
    Colin Crouch, who first diagnosed and described our ‘post-democratic’ malaise a decade ago, assesses the strength of recent democratic interventions in the previously closed-shop TTIP negotiations as a reaction to deepening crises of popular mistrust and political capture in European and western democratic national polities. (Academic Search Complete (EBSCO))
  • Hamilton, Daniel S. Transatlantic Challenges: Ukraine, TTIP and the Struggle to be Strategic // JCMS annual review of the European Union in 2013 (2014), lk. 25 – 39.
  • Welfens, Paul ; Irawan, Tony. Transatlantic trade and investment partnership: sectoral and macroeconomic perspectives for Germany, the EU and the US // International Economics & Economic Policy (2014) nr. 3, lk. 293-328.
    The EU and the US have started negotiations on a Transatlantic Trade and Investment Partnership Agreement (TTIP) which could bring a considerable increase of exports and output as well as changes in the composition of output and employment. Thus export simulation studies in combination with input output analysis and employment analysis is useful. In the analysis presented the focus is mainly on sectoral output and employment effects where the key sectors are the automotive sector, chemical industry, information and communication technology production, pharmaceuticals and machinery and equipment. Backward sector links are analysed and found to be quite important in the automotive sector, the chemical industry, the machinery and equipment sector in both Germany and the US; in Germany also in ICT production. However, most of the observed sectors have weak forward linkage. Input output analysis is also used to identify employment effects in various sectors: the pure employment effect of a 20 % export expansion in Germany amounts to about 800 000 new jobs. Looking only at the US and German perspective turns out to be misleading-the high imports of intermediate inputs of German firms from EU partner countries suggests that a comparison EU-US is analytically required for some key issues and that considering the effects on EU partners is also useful. There is a host of key policy issues, including the issue of extended sustainability reporting. (Business Source Complete (EBSCO))

2013

  • Akhtar, Shayerah Ilias ; Jones, Vivian C. Proposed Transatlantic Trade and Investment Partnership (TTIP): in brief // Current Politics & Economics of Europe (2013) nr. 1/2, lk. 107-122.
    The article offers information on the Transatlantic Trade and Investment Partnership (TTIP), a proposed free trade agreement (FTA) being negotiated between the U.S. and the European Union (EU). Topics covered include the direct interest of the U.S. Congress in the TTIP and the elimination and reduction of tariffs between the U.S. and the EU. Also mentioned are some of the agreement’s provisions including strong protections for investors, intellectual property rights, labor and the environment. (Business Source Complete (EBSCO))
  • Ash, Ken. EU-US trade and investment talks: Why they matter // OECD Observer (2013) nr. 297, lk. 12-13.
    The article focuses on the benefits of the Transatlantic Trade and Investment Partnership (TTIP) between the U.S. and European Union (EU) as of November 2013. Topics discussed include TTIP economic benefits for the U.S. and EU such as improved bilateral investment flows, description of multilateral trading system, and integration of trade in value added (TiVA). Also mentioned are other topics such as free trade agreement (FTA) and business and economic development of the U.S. and EU. (Business Source Complete (EBSCO))