Lessons Learned from the Canada–China FIPA for the US–China BIT and beyond

2019 ◽  
pp. 116-141 ◽  
Author(s):  
Kyle Dylan Dickson-Smith
Keyword(s):  
United States ◽  
Legal Protection ◽  
The United States ◽  
International Investment ◽  
Economic Benefits ◽  
Lessons Learned ◽  
The European Union ◽  
Investment Protection ◽  
The Us ◽  
Investment Agreements

Key lessons can be made from analysing a unique and recent BIT, the Canada–China Foreign Investment Protection Agreement (FIPA), in order better to predict and identify the opportunities and challenges for potential BIT counterparties of China (such as the United States, the European Union (EU), India, the Gulf Cooperation Council, and Columbia). The Canada–China FIPA and the anticipated US–China BIT (and EU–China BIT) collectively fall into a unique class of investment agreements, in that they represent a convergence of diverse ideologies of international investment norms/protections with two distinct (East/West) underlying domestic legal and economic systems. The purpose of this chapter is to appreciate and utilize the legal content of the Canada–China FIPA in order to isolate the opportunities and challenges for investment agreements currently under negotiation (focusing on the US–China BIT). This analysis is conducted from the perspective of China’s traditional BIT practice and political–economic goals, relative to that of its counterparty. This chapter briefly addresses the economic and broader diplomatic relationship between China and Canada, comparing that with the United States. It then analyses a broad selection of key substantive and procedural obligations of the Canada–China FIPA, addressing their impact, individually and cumulatively, to extract what lessons can be learned for the United States (US) and other negotiating parties. This analysis identifies the degree of investment liberalization and legal protection that Canada and China have achieved, and whether these standards are reciprocally applied. The analysis is not divorced from the relevant political economy and negotiating position between China and the counterparty and the perceived economic benefits of each party, as well as any diplomatic sensitive obstacles between the parties. While this chapter does not exhaustively analyse each substantive and procedural right, it provides enough of a comprehensive basis to reveal those challenges that remain for future bilateral negotiations with China.

scholarly journals The Trend of Scientific Productivity of Chinese, EuropeanUnion, and United States Universities and Private Companies: Does the Future Belong to E-Technology Companies?

Publications ◽  
2021 ◽  
Vol 9 (2) ◽  
pp. 18
Author(s):  
Mauro G. Carta ◽  
Matthias C. Angermeyer ◽  
Silvano Tagliagambe
Keyword(s):  
United States ◽  
European Union ◽  
Scientific Productivity ◽  
The United States ◽  
The European Union ◽  
Private Companies ◽  
American Universities ◽  
The Us ◽  
Parametric Statistics ◽  
The Eu

The purpose is to verify trends of scientific production from 2010 to 2020, considering the best universities of the United States, China, the European Union (EU), and private companies. The top 30 universities in 2020 in China, the EU, and the US and private companies were selected from the SCImago institutions ranking (SIR). The positions in 2020, 2015, and 2010 in SIR and three sub-indicators were analyzed by means of non-parametric statistics, taking into consideration the effect of time and group on rankings. American and European Union universities have lost positions to Chinese universities and even more to private companies, which have improved. In 2020, private companies have surpassed all other groups considering Innovation as a sub-indicator. The loss of leadership of European and partly American universities mainly concerns research linked to the production of patents. This can lead to future risks of monopoly that may elude public control and cause a possible loss of importance of research not linked to innovation.

Germany's relations with the United States and China from a strategic triangle perspective

2021 ◽  
Author(s):  
Sebastian Biba
Keyword(s):  
United States ◽  
European Union ◽  
The United States ◽  
Great Power ◽  
The European Union ◽  
Bilateral Relations ◽  
Puzzle Piece ◽  
The Us ◽  
The World ◽  
Angela Merkel

Abstract As the Sino-American Great Power competition continues to intensify, newly-elected US President Joe Biden's administration now seeks to enlist the support of its allies and partners around the world. As Europe's largest economy and a, if not the, leading voice within the European Union, Germany represents an important puzzle-piece for Biden. But Germany, at least under outgoing chancellor Angela Merkel, has been reluctant to take sides. It is against this backdrop that this article looks into Germany's past and present trilateral relationships with the US and China through the theoretical lens of the so-called strategic triangle approach. Applying this approach, the article seeks to trace and explain German behaviour, as well as to elucidate the opportunities and pitfalls that have come with it. The article demonstrates that Germany's recently gained position as a ‘pivot’ (two positive bilateral relationships) between the US and Chinese ‘wings’ (positive bilateral relations with Germany and negative bilateral relations with each other) is desirable from the perspective of the strategic triangle. At the same time, being pivot is also challenging and hard to maintain. Alternative options, such as entering a US–German ‘marriage’ directed against China, are also problematic. The article therefore concludes that Germany has tough decisions to take going forward.

scholarly journals Differentiation between the Regulatory paths placed on Mouthwashes in the US and EU

2018 ◽  
Vol 6 (2) ◽  
pp. 8-13
Author(s):  
Philip Saddik ◽  
John Pappan
Keyword(s):  
United States ◽  
The United States ◽  
The European Union ◽  
Oral Diseases ◽  
External Appearance ◽  
Regulatory Systems ◽  
The Us ◽  
United States Food ◽  
States Food ◽  
Therapeutic Properties

Regulating oral rinses has been and still is a topic of debate and confusion. Oral rinses are products that are mainly used for cleaning, perfuming and changing the appearance of the teeth, which in turn improves the individual’s external appearance. Adding medicinal ingredients to these rinses, it can then be used for the elimination and/or prevention of some oral diseases, an example being gingivitis. The United States Food and Drug Administration placed guidelines which state that mouthwashes with possible therapeutic properties should be registered as drugs rather than cosmetics. Meanwhile, on a different continent, Germany along with the other members of the European Union decided not to categorize mouthwashes as drugs, but rather as cosmetics, using its sole purpose of cleaning and beautifying the teeth as the excuse. The following research will thoroughly differentiate between the diverse regulatory systems forced upon mouthwashes across the two countries—the United States and Germany.

scholarly journals Controversial advertising of medicines. A comparison between Poland and the United States

2018 ◽  
Vol 21 (5) ◽  
pp. 67-79
Author(s):  
Marta Makowska
Keyword(s):  
United States ◽  
Prescription Drugs ◽  
The United States ◽  
The European Union ◽  
Negative Consequences ◽  
Direct To Consumer ◽  
Law And Ethics ◽  
The Us ◽  
The Law ◽  
Direct To Consumer Advertising

For many years, the subject of aggressive marketing campaigns conducted by pharmaceutical companies has been raised in Poland. Drug ads are everywhere, on television, the radio, magazines and on the Internet. Therefore, it is extremely important is to ensure both their legal and ethical dimension. This article will present the differences between direct-to-consumer advertising of medicines in Poland and in the US. The dissimilarities result mainly from differences in legislation. In Poland, the law is much stricter than in the US. For example, in the United States companies are allowed to advertise prescription drugs directly to patients. In the whole of the European Union, and thus in Poland, it is strictly prohibited. The article will also present other regulations existing in Poland and in the United States and it will compare them. It will offer examples of violations of the law and ethics in the advertising of medicine in both countries. Lastly, it will briefly outline the negative consequences of unacceptable pharmaceutical marketing.

scholarly journals The Plight of Women in Positions of Corporate Leadership in the United States, the European Union, and Japan: Differing Laws and Cultures, Similar Issues

2020 ◽  
pp. 279
Author(s):  
Bettina Binder ◽  
Terry Morehead Dworkin ◽  
Niculina Nae ◽  
Cindy Schipani ◽  
Irina Averianova
Keyword(s):  
United States ◽  
European Union ◽  
Gender Gap ◽  
Gender Discrimination ◽  
Gender Diversity ◽  
The United States ◽  
Economic Benefits ◽  
Corporate Boards ◽  
The European Union ◽  
The Status

Gender diversity in corporate governance is a highly debated issue worldwide. National campaigns such as “2020 Women on Boards” in the United States and “Women on the Board Pledge for Europe” are examples of just two initiatives aimed at increasing female representation in the corporate boardroom. Several European countries have adopted board quotas as a means toward achieving gender diversity. Japan has passed an Act on Promotion of Women’s Participation and Advancement in the Workplace to lay a foundation for establishing targets for promoting women. This Article examines the status of women in positions of leadership in the United States, several major countries in the European Union, and Japan. We focus on the legal backdrop in each jurisdiction regarding gender discrimination and studies tending to demonstrate the economic benefits of gender diversity. We conclude that although important steps have been taken in the direction of narrowing the gender gap in all jurisdictions examined, progress has been slow and difficult across the board. The issue of too few women at the top will not be resolved until there is a wider acceptance that female leaders can benefit their organizations and contribute to social and economic progress. Moreover, the presence of women on corporate boards is valuable in and of itself and the status quo ought to be further challenged in international business.

scholarly journals Food safety and food imports in Europe: the risk of aflatoxins in pistachios

2017 ◽  
Vol 20 (1) ◽  
pp. 129-141 ◽  
Author(s):  
Bo Xiong
Keyword(s):  
United States ◽  
European Union ◽  
Food Safety ◽  
The United States ◽  
Aflatoxin Contamination ◽  
Income Effect ◽  
The European Union ◽  
The Us ◽  
Food Imports

The United States has surpassed Iran as the largest pistachio exporter to the European Union. Both lower prices and a less frequency of aflatoxin contamination have contributed to the success of the US pistachio industry. Using EU monthly imports and food safety alerts data, we estimate EU demand for US and Iranian pistachios. We find that EU demand for US pistachios is price-inelastic but the demand for Iranian pistachios is price-elastic. We also find that the income effect is positive for US nuts but negative for Iranian nuts. Most importantly, we find that EU imports of US pistachios decrease with aflatoxin alerts traced back to the US but increase with contamination incidents originated from Iran.

Adversarial Legalism and Biodiversity Protection in the United States and the European Union

2018 ◽  
Vol 7 (3) ◽  
pp. 491-513 ◽  
Author(s):  
Yaffa Epstein
Keyword(s):  
United States ◽  
European Union ◽  
Case Studies ◽  
Legal Protection ◽  
The United States ◽  
The European Union ◽  
Species Protection ◽  
American Experience ◽  
European Counterpart ◽  
The Eu

AbstractThis article compares the use of litigation to enforce species protection law in the European Union (EU) with that of the United States (US). Recent legal disputes over wolf hunting on both continents offer useful case studies. Focusing on three aspects of litigation – namely, (i) against whom claims are brought, (ii) who can bring claims, and (iii) the types of claim that can be brought – the analysis contrasts US-style adversarial legalism with its European counterpart, or ‘Eurolegalism’, and assesses what each approach is able to deliver in terms of the legal protection of wolves. It is argued that Eurolegalism helps to explain the development of species protection law in the EU and its similarities to and differences from the American experience.

scholarly journals WTO Negotiations on Market Access in Agriculture: a Comparison of Alternative Tariff Cut Proposals for the EU and the US

2004 ◽  
Vol 4 (1) ◽  
Author(s):  
Jean-Christophe Bureau ◽  
Luca Salvatici
Keyword(s):  
United States ◽  
European Union ◽  
Market Access ◽  
The United States ◽  
Import Demand ◽  
The European Union ◽  
Agricultural Commodity ◽  
Starting Point ◽  
The Us ◽  
The Eu

Abstract This paper provides a summary measure of the possible new commitments in the area of agricultural market access undertaken by the European Union and the United States, using the Trade Restrictiveness Index (TRI) as the tariff aggregator. We take the 2001 bound tariffs as the starting point and attempt to assess how much liberalization in agriculture could be achieved in the European Union and the United States as a result of the present negotiations. We compute the index for 20 agricultural commodity aggregates under the actual commitments assuming a specific functional form for import demand. We compare the present levels of the TRI with three hypothetical cases: a repetition of the same set of tariff cuts commitments of the Uruguay Round according to a EU proposal prior to the 2003 WTO ministerial meeting, a uniform 36% reduction of each tariff, an harmonization ( "Swiss" ) formula based on the initial US proposal.

Trans-Atlantic Relations in Germany's Foreign Policy

2015 ◽  
Vol 59 (11) ◽  
pp. 38-46
Author(s):  
A. Kokeev
Keyword(s):  
United States ◽  
European Union ◽  
Foreign Policy ◽  
The United States ◽  
The European Union ◽  
The West ◽  
German Government ◽  
The Us ◽  
The Eu

Relations between Germany, the US and NATO today are the core of transatlantic links. After the Cold War and the reunification of Germany, NATO has lost its former importance to Germany which was not a "frontline state" anymore. The EU acquired a greater importance for German politicians applying both for certain political independence and for establishing of a broad partnership with Russia and China. The task of the European Union Common Foreign and Security Policy (CFSP) development has been regarded by Berlin as a necessary component of the NATO's transformation into a “balanced Euro-American alliance”, and the realization of this project as the most important prerequisite for a more independent foreign policy. Germany’s refusal to support the US invasion of Iraq in 2003 led to the first serious crisis in US Germany relations. At the same time, there was no radical break of the deeply rooted Atlanticism tradition in German policy. It was Angela Merkel as a new head of the German government (2005) who managed to smooth largely disagreements in relations with the United States. Atlanticism remains one of the fundamental foreign policy elements for any German government, mostly because Berlin’s hope for deepening of the European integration and transition to the EU CFSP seems unrealistic in the foreseeable future. However, there is still a fundamental basis of disagreements emerged in the transatlantic relationship (reduction of a military threat weakening Berlin’s dependence from Washington, and the growing influence of Germany in the European Union). According to the federal government's opinion, Germany's contribution to the NATO military component should not be in increasing, but in optimizing of military expenses. However, taking into account the incipient signs of the crisis overcoming in the EU, and still a tough situation around Ukraine, it seems that in the medium-term perspective one should expect further enhancing of Germany’s participation in NATO military activities and, therefore, a growth in its military expenses. In Berlin, there is a wide support for the idea of the European army. However, most experts agree that it can be implemented only when the EU develops the Common Foreign and Defense Policy to a certain extent. The US Germany espionage scandals following one after another since 2013 have seriously undermined the traditional German trust to the United States as a reliable partner. However, under the impact of the Ukrainian conflict, the value of military-political dimension of Germany’s transatlantic relations and its dependence on the US and NATO security guarantees increased. At the same time, Washington expects from Berlin as a recognized European leader a more active policy toward Russia and in respect of some other international issues. In the current international political situation, the desire to expand political influence in the world and achieve a greater autonomy claimed by German leaders seems to Berlin only possible in the context of transatlantic relations strengthening and solidarity within the NATO the only military-political organization of the West which is able to ensure the collective defense for its members against the external threats. However, it is important to take into consideration that not only the value of the United States and NATO for Germany, but also the role of Germany in the North Atlantic Alliance as a “representative of European interests” has increased. The role of Germany as a mediator in establishing the West–Russia relations remains equally important.

Abstract 367: Comparison of the Healthcare Systems of the United States and Portugal: Epidemiology and Management of Coronary Heart Disease

2014 ◽  
Vol 7 (suppl_1) ◽  
Author(s):  
Mariana F Lobo ◽  
Vanessa Azzone ◽  
Bruno Melica ◽  
Alberto Freitas ◽  
Francisco R Gonçalves ◽  
...  
Keyword(s):  
United States ◽  
Coronary Heart Disease ◽  
Heart Disease ◽  
Technology Use ◽  
The United States ◽  
Healthcare Systems ◽  
Public Hospitals ◽  
The European Union ◽  
Health Technologies ◽  
The Us

Objectives: Adoption of health technologies may yield significant individual and societal benefits. Because different healthcare systems vary in their adoption speeds, an understanding of the underlying healthcare system is critical. We compared the United States (US) and Portugal (PT) healthcare systems focusing on coronary heart disease (CHD). CHD remains one of the main causes of death in high-income countries with significant economic costs. Methods: We conducted a comprehensive literature review based on publications from national governmental bodies, international institutional organizations, professional associations, and scientific journals. We abstracted information regarding risk factors, incidence, access to health technologies, and hospital mortality rates in CHD observed between 2000 and 2011. Findings: The prevalence of obesity and high cholesterol levels is higher in the US while higher rates of hypertension and tobacco consumption prevail in PT. The 2009 incidence of cardiovascular disease per 100000 population in the US is 1944.5 versus 1320.4 in PT. The percentage of total health expenditure financed through public funds is 48.2% in the US versus 65.8% in PT. Public hospitals represent 26% (1526 of 5754) of US hospitals and 55% (129 of 231) of hospitals in PT. Between 2000 and 2011, the average high-risk device approval time was 43 months quicker in the European Union (EU) compared to the US. Drug-eluting stents were approved in 2002 in the EU and in PT versus 2003 in the US. Speeds of approval for pharmaceuticals vary – prasugrel, and ticagrelor were approved 5 and 8 months faster in PT compared to the US but PT approval of glycoprotein IIb/IIIa inhibitors was slower (18 months slower on average). However, US CHD standardized mortality is more than twice that of PT (126.5 vs 59.4 per 100000). Conclusions: Procedure and new technology use differ dramatically between the two healthcare systems for CHD care. Portugal offers an interesting contrast to the US for studies focusing on health technologies adoption, diffusion, cost-effectiveness and determinants of outcomes in the realm of CHD. How these factors directly impact patient outcomes remains unknown and deserves further investigation.

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