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The Withdrawal Agreement (WA) and the Trade and Cooperation Agreement (TCA) between the EU and the UK set the terms for the UK’s departure from the Union and a framework for future relations. Tensions surfaced, mainly related to fisheries and the Protocol on Ireland / Northern Ireland (the Protocol), which is a part of the WA. The UK had threatened to take 'unilateral measures' on issues such as border controls. For its part, the EU launched legal actions against the UK for failing to fulfil its ...

Global value chains enable two-thirds of international trade, notably for the EU. The EU wants to preserve its commercial links with third countries and organisations to make up for trade disruptions. This study examines sustainable supply of raw materials, commodities, and critical goods using the EU's Open Strategic Autonomy concept. It examines which raw material are crucial for sustainable supply and necessary for the green transition. The paper examines EU internal legislation and international ...

US Congress and trade policy tackling China

Mad-Daqqa t’Għajn 04-03-2022

In the first year of the 117th US Congress (2021-2022), members of both the House and the Senate saw an urgent need both for a trade policy offensive specifically for the Indo-Pacific region to maintain US leadership in setting international standards and norms, and for an upgrade of defensive trade policy tools to address China's unfair trade practices. Congressional initiatives have coincided with debates in the European Parliament on the EU's Indo-Pacific strategy and on legislative proposals ...

China has ratified numerous legally binding international agreements. Like other countries, it has a strong incentive to commit itself in this way: international agreements are a means of binding other treaty parties; strengthening international standing; creating a favourable legal framework for trade and investment; and, such as with the 1984 Sino-British Declaration on Hong Kong, settling territorial questions. At the same time, China has been careful to avoid making commitments in two areas in ...

Trade policy for the Biodiversity Strategy 2030

Mad-Daqqa t’Għajn 03-06-2021

International trade influences biodiversity through scale, composition and technique effects. Land and sea use change alter natural habitats, while emissions from production and transportation contribute to climate change. Among exports, animal-based agri-food products are particularly land-intensive. Trade policy can play a role in tackling these problems through stronger enforcement of biodiversity-related provisions in trade agreements. The EU Biodiversity Strategy 2030 commits to better assessing ...

Lithium and cobalt (used in rechargeable batteries) and rare earth elements (used in wind turbines) are some of the critical raw materials (CRMs) – raw materials of critical importance – for the EU. Global demand for CRMs is rising, yet the export restrictions imposed by the resource-rich countries intensify the competition for these materials. To boost its access to CRMs, the EU has a dedicated strategy based on three pillars: two internal ones (increasing domestic sourcing and circularity) and ...

This brief provides a legal analysis of existing rules in digital trade regarding the various components of artificial intelligence (‘AI’), in particular (personal and nonpersonal) data, computer code in the form of algorithms, and computing power (including cloud computing). To do so, the first part of this analysis will map various international trade rules that affect cross-border flows of data, computer code and computing power to determine their respective advantages and disadvantages. ...

WTO e-commerce negotiations

Mad-Daqqa t’Għajn 05-10-2020

While e-commerce represents an increasing portion of the economy, international regulation of e-commerce is lagging behind. In 2017, the WTO Ministerial Conference issued a Joint Statement Initiative signalling the intention to launch plurilateral e-commerce talks. In January 2019, in the margins of the World Economic Forum in Davos, 76 of 164 WTO members, among them the EU, Australia, China, Japan, and the USA launched e commerce negotiations. Members seek a high-standard outcome building on WTO ...

Using trade policy to tackle climate change

Mad-Daqqa t’Għajn 08-10-2019

The recent forest fires in the Amazon highlight the need for greater measures worldwide to attenuate tensions between resource needs, for example mining or grazing, that cause deforestation. European leaders have called for urgent action, including through trade policy. Policy-makers argue, for instance, for leveraging the negotiated European Union (EU)-Mercosur Trade Agreement to achieve compliance with the Paris Agreement. Since the Paris Agreement is binding only in part and aspirational concerning ...

International aviation agreements

Mad-Daqqa t’Għajn 04-10-2019

To tackle international air transport challenges in the European Union, particularly increased competition from third countries, the European Commission adopted a new aviation strategy for Europe in December 2015, placing strong emphasis on international aviation agreements. After obtaining negotiating mandates from Council, a number of EU-level comprehensive agreements are coming to fruition, with some now awaiting signature or ratification. This is an updated and expanded edition of an ‘at a glance ...