Investment Partnership Agreement Research Articles

Актуальные вопросы квалификации отношений инвестиционного товарищества в нотариальной и судебной практике

This article analyzes the characteristics of an investment partnership agreement as a form of organizing collective investments. The author focuses on the law enforcement practice of this contractual structure, and also especially emphasizes those characteristic features that are unique to this investment instrument.

What Lies Beneath: Mediators of Public Support for International Economic Cooperation

The current public backlash against several trade agreements has triggered a vivid discourse about the impact of top-down communication of such initiatives on public opinion. Findings from previous work on the impact of issue frames provide distinct expectations about the influence of different types of messages on people’s opinion. However, little is known about the mechanisms underlying the impact of message cues on opinion formation. In this article, we shed light on one potential mechanism that mediates issue framing effects: individuals’ emotional reaction. By means of a survey-embedded experiment conducted in the United States and Germany, we expose respondents to different frames about the benefits and risks of the Transatlantic Trade and Investment Partnership agreement. The results show that frames have a significant effect on public opinion, but frames that emphasize losses seem more persuasive than frames promoting the gains from the Transatlantic Trade and Investment Partnership. Complementing our empirical investigation, with a causal mediation analysis we find that framing effects are indeed mediated by people’s emotional responses to the frames.

Transnational Corporations in Transregional Initiatives: Goals and Problems of Participatio

The activities of transnational business have already become an integral part of the global political and economic development, affecting integration processes in the world. However, the dichotomy of relations between a state and TNC in the context of trans-regional development is not fully understood. The article analyzes the consequences of quantitative and qualitative strengthening of TNC in the world political processes on the example of four major trans-regional projects - the Trans-Pacific Partnership, the Trans-Pacific Trade and Investment Partnership, European Union and MERCOSUR Free Trade Agreement, the Belt and Road Initiative. The authors define the tools promoting each project, which reflect the nature of interaction between states and TNC at the trans-regional level. In addition, the study highlights various objectives of TNC participation in a particular trans-regional association, as well as appropriate resources for the implementation of their interests, which can generally be divided into economic, political and image. To answer the question on how states and transnational business interdepend not only in trans-regional processes but also in the world economy, the authors, based on the practice of modern world politics, construct models of the relationship between states and business and come to the conclusion that the type of interaction these actors use largely depends on states internal political system, as well as their foreign policy goals. Nevertheless, despite the increasing role of TNC as an influential actor in world politics, at the moment it is premature to declare that they are completely independent from states.

ДОГОВОР ПРОСТОГО ТОВАРИЩЕСТВА И ЕГО ВИДЫ: РОССИЙСКОЕ ПРАВО В СРАВНИТЕЛЬНО-ПРАВОВОМ АСПЕКТЕ

This article is devoted to the construction of a simple partnership agreement under Russian law. As a basis for the study, we took such key features of a simple partnership agreement as (1) association of persons, (2) making contributions and forming common property, (3) joint implementation of activities and (4) focus of activities on achieving a common goal. As a result of the analysis of these signs, it is possible to identify the shortcomings of the legal regulation of relations associated with a simple partnership agreement. Comparison of the legal regulation of a simple partnership agreement and its types: an investment partnership agreement, an agreement between participants in a syndicate of creditors, a mining partnership agreement shows that the use of the economic criterion in the construction of legislative material leads to various collisions.

Правовая природа договора инвестиционного товарищества (понятие и особенности)

The article discusses the legal nature of the investment partnership agreement, reveals some features of the investment partnership agreement and its characteristics.

Possible Foreign Trade Effects of Transatlantic Trade and Investment Partnership Agreement on Miscellaneous Manufactured Articles

Possible Foreign Trade Effects of Transatlantic Trade and Investment Partnership Agreement on Miscellaneous Manufactured Articles

Вопросы ответственности по договору инвестиционного товарищества

Вопросы ответственности по договору инвестиционного товарищества

Priroda vanjskotrgovinskih odnosa SAD-a i EU-a s osvrtom na TTIP

Međuovisnost SAD-a i EU-a na ekonomskoj, političkoj i sigurnosnoj razini povijesno je bila izvor suradnje, ali i tenzija između dvaju globalno važnih gospodarstava. Snažne ekonomske, političke i sigurnosne spone SAD-a i EU-a omogućile su tim gospodarstvima stjecanje globalne nadmoći jer se radilo o sponama među najmoćnijima prema ekonomskim i obrazovnim kriterijima. Sa svrhom zadržavanja globalne premoći, SAD i EU se nastoje uskladiti što se tiče suvremenoga bilateralnog trgovinskog sporazuma visokih standarda, takozvanog TTIP-a. Cilj Transatlantskog sporazuma o trgovinskom i investicijskom partnerstvu je postići dogovor o daljnjoj liberalizaciji i povećanju tržišnog pristupa putem eliminacije prepreka u trgovini dobrima, uslugama i poljoprivrednim proizvodima te investicijama kao i o procedurama vezanim uz javnu nabavu. Važni ciljevi sporazuma su i povećanje regulatorne usklađenosti i kooperacije na području: vanjskotrgovinske i sigurnosne politike, investicija i razvoja novih pravila vezanih uz izravne strane investicije, prava koja proizlaze iz intelektualnog vlasništva, radničkih prava i ekoloških standarda. U ovom članku istaknut će se najvažnije nesuglasice između SAD-a i EU-a vezane uz tzv. TTIP s primarnom svrhom definiranja potencijalnih rizika za održivi rast gospodarstva EU-a u budućnosti.

The Perils of Economic Nationalism and a Proposed Pathway to Trade Harmony

In a sharp break from past policy, the United States has announced and is implementing a policy of economic nationalism in the name of political populism that seeks strict border controls over all forms of economic factors of production, products, services, investment, and people. The avowed purpose of this policy is to protect national security and to change the balance of trade to favor the United States This article argues that this policy of economic nationalism, on its face, is contrary to accepted rules, procedures and principles of international law and threatens irreparable harm to the multilateral system of trade and investment developed under American leadership since World War II. Moreover, because economic nationalism flies in the face of accepted economic principles and experience, it cannot attain its stated goals. International economic imbalances facing the United States can best be addressed by employing macroeconomic tools and using established multinational economic forums. Although the new United States’ policy of economic nationalism is directed at all U.S. trading partners, even against close allies such the European Union, Canada and Japan, a particular target of this policy is Chinese trade and investment. China’s emergence as a great economic power cannot be substantially impeded by U.S. unilateral actions. The rise of China can best be managed by (1) renewed emphasis on the existing rules of the multilateral trading system; (2) confronting China with new regional trade and investment rules agreed by the United States and its allies, principally the Trans-Pacific Partnership Agreement (TPP) and the Transatlantic Trade and Investment Partnership Agreement (T-TIP); (3) a new “Trump Round” of trade negotiations at the World Trade Organization (WTO); and (4) continued bilateral engagement.

TTIP and agricultural trade: The case of tariff elimination and pesticide policy cooperation

A possible Transatlantic Trade and Investment Partnership agreement will further integrate agricultural markets between the United States and the European Union. The elimination of tariffs and cooperation on sanitary and phytosanitary measures will promote cross-Atlantic trade. We empirically estimate the impacts of tariffs and maximum residue limits on trade in plant products between the two partners. Furthermore, we simulate trade expansions under plausible negotiation outcomes. We find that a TTIP agreement promotes cross-Atlantic trade in plant products, in both directions, by nearly 60% if tariffs are removed and MRLs are mutually recognized or harmonized to the Codex levels. [EconLit citations: Q17, F15]

An Analysis of Export Restriction Rules and Proposals Under the WTO

This memorandum is a redacted version of a confidential research paper on export restriction negotiations in relation to food security under the auspices of the World Trade Organization (WTO). The complete version of this paper has two components: the first provides a sketch of the existing legal framework and negotiation proposals on export restriction; the second provides negotiation proposals. Due to confidentiality considerations, only the first component of analysis is publicly available and presented here. This memorandum is organized into three parts. The first part elaborates on the most relevant WTO treaties, namely the General Agreement on Tariffs and Trade 1994 (GATT 1994) and the Agreement on Agriculture (AoA). It discusses how ambiguity in the terms in these treaties poses challenges to effective regulation of export restriction. The second part presents proposals from several WTO Members that seek to clarify the ambiguities or fill the void in the existing regulatory schemes. The third part discusses regional trade treaties, including Transatlantic Trade and Investment Partnership (TTIP), Comprehensive Economic and Trade Agreement (CETA), and Trans- Pacific Partnership (TTP), along with other less prominent WTO agreements.

The Political Power of Evoking Fear: The Shining Example of Germany's Anti-ttip Campaign Movement

In Germany and Austria, an unprecedented political communication campaign orchestrated by a small group of well-connected politicians, green and left-wing political parties, and associated civil society organisations has evoked strong aversion among the population to the negotiations for the Transatlantic Trade and Investment Partnership Agreement (TTIP) between the EU and the US. Germany's anti-TTIP groups want nothing less than to take their protests to other European countries. The network's campaigns are largely driven by myths and fears evoked by emotive narratives and powerful metaphors. Their reasoning has strong persuasive power though. This article sheds light on who the campaign movement's major protagonists are, the messages they spread, their objectives, and how their deceptive argumentation threatens social interaction, pluralist societies and individual economic freedom.

The Impact of an EU–US Transatlantic Trade and Investment Partnership Agreement on Biofuel and Feedstock Markets

AbstractWe assess the impact of a potential TTIP bilateral free trade agreement on the EU and US bio‐economies (feedstock, biofuels, by‐products, and related competing crops) and major trade partners in these markets. The analysis develops a multi‐market model that incorporates bilateral trade flows (US to EU, EU to US, and similarly with third countries) and is calibrated to the OECD‐FAO baseline for 2013–2022 to account for recent policy decisions. The major policy reforms from a TTIP involve tariff and TRQ liberalisation and their direct contractionary impact on US sugar supply, EU biofuel production, and indirect negative effect on US high fructose corn syrup (HFCS) production. EU sugar and isoglucose production expand along with US ethanol and biodiesel and oilseed crushing. EU sugar would flow to the US, US biofuels and vegetable oil to the EU. We further quantify non‐tariff measures (NTM) affecting these trade flows between the EU and the US. EU oilseed production contracts, and EU crushing expands with improving crushing margins following reduced NTM frictions. Our analysis reveals limited net welfare gains with most net benefits reaped by Brazil and not the two trading partners of the TTIP.

Effects of transatlantic trade and investment partnership agreement on containerized cargo flow in transatlantic

Ever since the globalization influenced the world economy and international trade structure; liberal economy and production policies are established in organizations from micro level to macro level and became the key aspect to understand the behaviors of international organizations today. Not only the multinational firms but also the nations, even unions such as EU and US support the liberal economic policies because just like profit maximizing national and international firms, the nations are also living organizations with an aim of maximizing welfare and income of the society. Competitiveness became crucial in order to survive in our ear so that the numbers of nations that support protectionist policies decrease from one day to another. Under these circumstances, transatlantic trade and investment partnership (TTIP) between world’s dominant players of US and EU will play a crucial role whereas if two parties agree to sign, it could have an enormous impact on world economy and trade structure. The aim of this paper is to estimate the possible effect of TTIP on transatlantic seaborne trade activities in terms of TEU volume. Using the expected increase in export value according to CEPR’s research, SPSS statistical packaged used in order to generate a regression model to estimate the dependent variable of transatlantic trade volume in TEU.

TPP, CETA and TTIP Between Innovation and Consolidation—Resolving Investor–State Disputes under Mega-regionals

The United States concluded in 2015, the Trans-Pacific Partnership (TPP) agreement with 11 other countries and the European Union (EU) concluded a revised version of the Comprehensive Economic Trade Agreement (CETA) with Canada in 2016. The provisions on investor – state dispute settlement (ISDS) of the two agreements could not be more different. While the TPP sticks to the traditional system of investor – state arbitration, CETA now contains a two-layered court system with pre-elected tribunal members. The present contribution seeks to analyse the convergences and differences between the two first concluded mega-regionals in greater detail with a special focus on the CETA court system. It asks, to what extent CETA and TPP address current criticisms on ISDS? What do their approaches mean for the international investment governance? And more specifically for the ongoing negotiations on the Transatlantic Trade and Investment Partnership agreement (TTIP) between the EU and the United States?

Transatlantic Trade and Investment Partnership (TTIP): The Possible Impact on the European Union and North America

The Transatlantic Trade and Investment Partnership (TTIP) is projected high-standard and inclusive free trade agreement which is being conversed between the United States (US) and European Union (EU). Transatlantic Trade and Investment Partnership is a chain of trade negotiations operating between EU and US. The TTIP is mainly about decreasing the regulatory obstacles to trade to open up a way for bigger businesses such as environmental legislation, food safety, sovereign powers of the individual nations and also banking regulations. The US and EU are two of the most integrated countries when it comes to economy globally. It is as a result of their trade in services, investments and the high commercial presence in each other's financial prudence. These two regions support each other when it comes to the economy, and that's why they are good trading partners in products and services. The EU and U.S trade and investment partnership which is sometimes referred to as transatlantic economy has a significant global relationship and creates a mutually beneficial understanding between the two states (Hoekman and Kostecki, 2009). The TTIP is one of the largest trade and investment partnership in the world and also the most significant because of its absolute size. It has many for example the European Union has 28 member states which include: Bulgaria, Cyprus, Belgium, Austria, Czech Republic, Estonia, Germany, Denmark, Finland. Greece, Ireland, Hungary, Italy, Netherlands, Poland, Slovenia, Lithuania, Romania, Spain, Latvia, Sweden, Portugal and United Kingdom are also part of the partnership. The initial negotiations on TTIP which was to become the first largest bilateral free trade and investment partnership agreement were earlier supported by a paramount and independent study of the Center for Economic Policy Research (CEPR). The study by CEPR was called Reduction of the Transatlantic Barriers to Trade and investment. The negotiations were mainly to provide independent advice to the two negotiators based on the additional research. Despite, TTIP being one of the largest trade and investment partnership, it has created both negative and positive impacts on the two states. There are benefits t being enjoyed by the member states such as job creation and home growth. The EU depends on the US exports; they can get investments from the US and also import the goods and services they require (Khanna, Palepu, and Sinha, 2005). Other positive impacts of the TTIP includes; upholding and promoting human rights, governing in a transparent manner that can hold to account individuals in authority and also has markets that can be open to free and reasonable competition and is well-regulated market areas. TTIP also protects the people and the planet through their international rules. For example, the rules look at everyone's health, their condition at workplaces, the endangered species around them and the entire environment. There are also challenges that have come out from TTIP in the field of politics and economics, poor labor standards, workers' rights and security of their workplaces, democracy, and state authority. Foreign shareholder protection, public health and the environment as a whole, health care, consumer safety and food security, climate change and environment protection, banking regulation and privacy and many others. Some competitors challenge the TTIP on slowness in services than in goods leading to difficulty in opening markets in service areas.

Financial services regulation and the Transatlantic Trade and Investment Partnership agreement

Together, the EU and the USA dominate the global financial services industry. This dominance, coupled with the inherent risk of regulatory arbitrage, suggest that the financial services sector is an area ripe for transatlantic economic and regulatory cooperation. While historically transatlantic dialogue centred on market liberalisation, after the 2008 global financial meltdown the focus shifted to regulatory reform. The EU sees the Transatlantic Trade and Investment Partnership as an opportunity to establish a transatlantic financial services regulatory council, while the USA opposes a shift from the current informal Financial Markets Regulatory Dialogue (FMRD). An analysis of post-2010 regulatory reforms finds that regulatory convergence has taken place without a tightly integrated transatlantic regulatory body. The study concludes that differences in political ideology, institutional structures, and regulatory capacity largely explain disagreement between the EU and the USA as to the most effective for...

Ttip, Investor–State Dispute Settlement and the Rule of Law

Many European citizens are concerned about the concept of investor–state dispute settlement, which is frequently portrayed as giving companies the right to sue governments for lost profits in secret international courts. Those who favour US–EU collaboration, including through the ambitious Transatlantic Trade and Investment Partnership agreement, can assuage these concerns by explaining how investment treaties strengthen international law. Governments created investor–state dispute settlement for their own purposes, anchoring it deeply in the UN system through numerous multilateral conventions–-the most recent of which was adopted by the UN General Assembly in December 2014. By straying from this UN-based approach in its own response to public concerns, the European Commission might unfortunately weaken investor protection and the enforcement of international law. Its proposals on such issues as the right to regulate and the ‘investment court system’ should be reviewed in light of their impact on 50 years of international law.

The Quest for a New Generation of Labor Chapter in the TTIP

The TTIP (Transatlantic Trade and Investment Partnership Agreement) may be key for the EU-USA forthcoming vision of labor and industrial relations. The TTIP may be turned into an opportunity to ground a new generation of labor chapters in investment/partnership treaties. In line with preliminary outputs, a practical proposal is introduced. This essay is also aimed at analyzing, under a critical legal approach, why, to what extent and how the TTIP labor chapter may be set up. A special focus on the TTIP and ISDS in labor items is included.

How the generic and biosimilar medicines industry could take advantage of trade opportunities

International trade policy initiatives, including trade negotiations and regulatory dialogues, have a rather significant impact on the industry. This is particularly the case for the pharmaceutical sector, which is a highly regulated sector. Non-tariff barriers (NTBs) to trade have a negative effect on generic and biosimilar medicine exporters as they often create an advantage for local companies. To aim at their removal, several actions can be taken by governments both at bilateral level or with the World Trade Organization in the context of its dispute resolution procedures. NTBs can also be addressed in the context of trade agreements or bilateral and plurilateral regulatory dialogues. Regulatory cooperation in trade agreements can produce very positive results for patients, industry and regulators, as the Transatlantic Trade and Investment Partnership Agreement (TTIP) demonstrate.