19 grudzień 2020
Trade Agreement Court
Autor: Anna Pilsniak. Kategorie: Bez kategorii .
„The figures show that CETA works on both sides of the Atlantic,” Carr said in a statement. „In the first year of provisional implementation, we saw a 9.4% increase in bilateral trade.” The Comprehensive Economic and Trade Agreement (CETA) (Canada-Europe Trade Agreement) is a free trade agreement between Canada and the European Union.    It was applied on an interim basis and thus eliminated 98% of the existing tariffs between the two parties. The eu-Canada Sustainability Impact Assessment (EID), a three-part study commissioned by the European Commission to independent experts and completed in September 2011, provided an overall forecast of the impact of CETA.    It foresees a number of macroeconomic and sectoral impacts, indicating that in the long run the EU could see real GDP growth of 0.02 to 0.03% as a result of CETA, while it could increase from 0.18 to 0.36% in Canada; The „Investments” section of the report suggests that these figures could be higher when investment increases are taken into account. At the sectoral level, the study predicts that the strongest growth in production and trade will be driven by the liberalization of services and the removal of tariffs on sensitive agricultural products; it also proposes that CETA could have a positive social impact if it contains provisions on the ILO`s core labour standards and the Decent Work Agenda. The study describes a large number of effects in various „cross-cutting” components of CETA: it opposes the controversial NAFTA-style provisions of ISDS; provides for potentially unbalanced benefits of a chapter on public procurement (GP); assuming that CETA will lead to upward harmonization of intellectual property rules, including changes to Canada`s intellectual property laws; and foresees effects on competition policy and several other areas.  Individual trade agreements have also established separate government arbitration mechanisms. This has been the case for Canada-U.S. Free Trade Agreement (CUSFTA), the precursor to NAFTA. Chapter 19 of the CUSFTA, maintained in the original NAFTA, allows one government to challenge another government`s trade policy through an independent intergovernmental panel that bypasses national judicial systems. These are just the copyright provisions. There are sections dealing with patents, trademarks, designs and geographical indications (shortly).
These include the fact that the WTO process came to an end in December 2019 due to a dispute over the appointment of new judges to the appellate body, which hears appeals against dispute resolution decisions. The United States, frustrated by the appeals body`s decisions as overstepping its mandate, repeatedly vetoed all proposed new judges. The conflict began under the Barack Obama administration and intensified under Trump and left the court without enough judges to hear appeals, indefinitely delaying any decision by lower bodies. Jennifer Hillman of CFR, a former appellate body judge, says an appeals body that doesn`t work could render the WTO system powerless and threaten to „turn any future trade dispute into a minority trade war.” The authority of these supranational bodies is created by agreements such as bilateral investment agreements and free trade agreements, or by membership in an international organization such as the WTO. The parties agree to accept the decisions, although the enforcement authorities and appeal procedures are different. To learn more about the EFTA Court of Justice, visit its website: www.eftacourt.int Negotiations ended in August 2014. All 28 EU member states have approved the final text of CETA, with Belgium being the last country to give its approval.  Justin Trudeau, Prime Minister of Canada, travelled to Brussels on October 30, 2016 to sign on behalf of Canada.
 The European Parliament approved the agreement on 15 February 2017.  Ac