EU membership of the WTO: international trade disputes and judicial protection of individuals by EU Courts

The European Union (EU) is embedded in a pluralistic legal context because of the EU and its Member States’ treaty memberships and domestic laws. Where EU conduct has implications for both the EU’s international trade relations and the legal position of individual traders, it possibly affects EU and its Member States’ obligations under the law of the World Trade Organization (WTO law) as well as the Union’s own multi-layered constitutional legal order. The present paper analyses the way in which the European Court of Justice (ECJ) accommodates WTO and EU law in the context of international trade disputes triggered by the EU. Given the ECJ’s denial of direct effect of WTO law in principle, the paper focuses on the protection of rights and remedies conferred by EU law. It assesses the implications of the WTO Dispute Settlement Understanding (DSU) – which tolerates the acceptance of retaliatory measures constraining traders’ activities in sectors different from those subject to the original trade dispute (Bananas and Hormones cases) – for the protection of ‘retaliation victims’. The paper concludes that governmental discretion conferred by WTO law has not affected the applicability of EU constitutional law but possibly shapes the actual scope of EU rights and remedies where such discretion is exercised in the EU’s general interest.

The inverse domino effect: are economic reforms contagious?

This article examines whether a country's economic reforms are affected by reforms adopted by other countries. Our theoretical model predicts that reforms are more likely when factors of production are internationally mobile and reforms are pursued in other economies. Using the change in the Index of Economic Freedom as the measure of market-liberalizing reforms and panel data (144 countries, 1995–2006), we test our model. We find evidence of the spillover of reforms. Moreover, consistent with our model, international trade is not a vehicle for the diffusion of economic reforms; rather the most important mechanism is geographical or cultural proximity.

Managing land-use conflict around urban centres: Australian poultry farmer attitudes towards relocation

In analysing the release of agricultural land to urban development, the urban fringe literature has not focused on whether farmers are able to relocate from the urban fringe to remoter rural areas. Through interviews with representatives from the poultry industry in two Australian states, this paper identifies that poultry farm relocation strategies are constrained by off-farm economic relations, the land-use planning system and financial considerations. Closely aligned to these constraints on relocation is the on-going process of poultry farm intensification, which is seen as presenting rising problems for land-use management around expanding metropolitan centres in Australia. Of particular concern is the potential for amenity complaints and associated land-use conflicts, which have not been comprehensively investigated. Recognising that existing environmental and land-use planning controls are ineffective in producing amicable solutions when conflict involving poultry farming is at its most intense, the paper calls for improvements to the regulatory system, including greater consideration for how the process of relocation can be encouraged. (c) 2005 Elsevier Ltd. All rights reserved.

The role of competition and state aid policy in financial and monetary law

During the financial crisis, companies and lenders found themselves in distressed situations. Competition authorities across the globe had to deal with controversial issues such as the application of the failing firm defence in merger transactions as well as assessment of emergency aid granted by states. This article considers competition policy in periods of crisis, in particular the failing firm defence in merger control and its state aid policy.

Asymmetric oligopoly and foreign direct investment: implications for host-country tax-setting

We present a duopoly model with heterogeneous firms that vary in cost-efficiency, each of which can choose to serve a foreign market by either exporting or local production. We do so to analyse the effects of a host-country corporate profit tax on both the scale and composition of FDI, and find that: strategic interaction between oligopolistic firms provides for a pattern of FDI that favours cost-inefficiency to the detriment of host-country welfare; and the host-country tax rate can be optimally used to avoid such patterns of FDI and instead promote direct investment by a relatively cost-efficient firm.

Terrorism and cabinet duration

Terrorism can strengthen or weaken electoral support for ruling governments. We show in a simple model of coalition formation that, regardless of the direction of a public opinion shock, the impact of terrorism on cabinet duration is ambiguous. However, in an analysis of a data set including 2,400 cabinets in over 150 countries in the period 1970–2002, we find that terrorism, on average, shortens cabinet duration. This result is robust for a range of alternative terror measures and is present in both democratic as well as autocratic political regimes.

Location choices of multinational firms in Europe: the role of EU cohesion policy

Using data on 5509 foreign subsidiaries established in 50 regions of 8 EU countries over the period 1991–1999, we estimate a mixed logit model of the location choice of multinational firms in Europe. In particular, we focus on the role of EU Cohesion Policy in attracting foreign investors from both within and outside Europe. We find that, after controlling for the role of agglomeration economies as well as a number of other regional and country characteristics and allowing for a very flexible correlation pattern among choices, Structural and Cohesion funds allocated by the EU to laggard regions have indeed contributed to attracting multinationals. These policies as well as other determinants play a different role in the case of European investors as opposed to non-European ones.