LEGL 4900 Exam 4

EU Regulation

binding in its entirety and directly applicable in all member states

EU Decision

binding in its entirety on the member state or individual to whom it was addressed (usually mergers and agricultural matters)

Kirk v. New York State Department of Education

Addresses the interaction of NAFTA's temporary entry rules with state regulation of professional licensing A Canadian vet and citizen sought to obtain a license to practice veterinary medicine from the state of New York. NY's education code restricted the issuance of veterinary licenses to US citizens or aliens lawfully admitted for permanent residence in the US Decision: court granted Vet's motion for summary judgement and ordered NY to grant him a vet license in accordance with his immigration status pursuant to NAFTA

Malquiladora

Factories built by US companies in Mexico near the US border to take advantage of much lower labor costs in Mexico.

Commission of the European Communities v Italian Republic

Favorable admission was denied to tourists who were nationals of other member states who fulfilled the same age requirements (18-65); Italians received reduced rates Decision: Court prohibited local governments in Italy from maintaining different fees for Italian nationals and citizens of other EU member states with respect to admission to local museums and cultural attraction

Torresi v. Consiglio dell'Ordine degli Avvocati di Macerata

Free movement of people case Two Italian nationals obtained university law degrees in Italy and Spain from Italian and Spanish institutions. Both nationals registered as attorneys in Spain Decision: Court held that no abuse was present as a result of a national of a member state obtaining a University degree, traveling to another member state in order to acquire the profession qualification of a lawyer, and then returning to his or her home state in order to practice law

In the Matter of Cross Border Trucking

Goods were shipped to a storage facility in a border town, the trailer was detached then picked up by a drayage company that moved it across the border, where a truck in that country picked it up to haul it to its final destination Decision: US restrictions on the Mexican trucking industry violated NAFTA

acquis communautaire

Membership negotiations are conducted in chapters relating to specific EU legislation, legal acts, and court decisions literally translates to: that which has been agreed upon by the community

Common Agricultural Policy

a EU policy which ensures minimum prices to farmers, imposes import tariff barriers and quotas on agricultural products from nonmember states, and pays subsidies to farmers for cultivated land

Tariff Shift Rule

a change in tariff classification, a regional value-content requirement, or both depending on the requirements for the particular good

European Union

a concept added by the Maastricht Agreement, also known as the Treaty on European Union. The Maastricht Agreement did not abolish the Communities, but created the concept of a Union as an expression of the member states' underlying unity, as reflected in the Communities

Metaclad Corporation v. United Mexican States

US Firm bought a Mexican firm to build a landfill in Mexico. Federal government told firm they had all the proper certificates, local government said they did not have one certificate and deemed the land be used for wildlife protection. US company sued for damages and won

NAFTA Arbitral Panel

a panel which consists of five members who are experts in trade or law (NAFTA)

EU Directive

binding as to the result to be achieved on each member state to which it is addressed but shall leave to the national authorities the choice of form and methods

Certificate of Origin

certifies that goods qualify as having originated in North America for purposes of preferential tariff treatment

Free Trade Area

develops when two or more countries agree to eliminate or phase out customs duties and other barriers to trade among the member countries

European Central Bank

effectively in charge of monetary policy relating to the euro, the common currency within the majority of the EU member states

Consumer User Fees

fees imposed on importers to help fund the cost of customs enforcement and port services

Commission of the European Communities v. Portuguese Republic

free movement of goods case Tinted film to the windows of passenger or goods vehicles shall be prohibited with the exception of lawful stickers and dark, non-reflective film Decision: court struck down Portugal's absolute prohibition upon the tinting of automobile windows after they have been released into the stream of commerce despite the absence of an EU law directly in contravention of the Portuguese law and the concerns regarding public safety and combating crime

Blanco and Fabretti v Agenzia Delle Entrate

freedom of movement of services case ECJ was requested to determine whether Italian legislation that imposed different tax burdens on gambling proceeds was inconsistent with the free movement of services Decision: ECJ concluded that Italy's differing tax treatment of casino winnings discriminated against casinos located outside of Italy and could not be justified by reasons of public policy

Regional Value Content

may be calculated either by transactional value or net cost methods ex: at least 50% of the value of a finished product be North American

EU Recommendations and Opinions

no binding force

Qualified Majority Voting

not all the member states had to agree on proposals that related to the internal market; allows institutions to make decisions even if there are objections

National Treatment Principle

once goods arrive from another NAFTA country, they must be treated without discrimination and no differently than domestically made good

Binational Panels

panels where NAFTA cases now go, apply the same standard of review as would a court of law convened in the country where the case originated

Common Market

seeks to further facilitate free competition within a group of nations

Generalized System of Preferences (GSP)

special tariff preferences which were available to selected products imported from an qualified developing country

Export Taxes

taxes meant to raise export cost and divert production for home consumption

Samsonite Corp v. US

the operations of the plant were held up to be a fabrication and not a mere assembly

Production Sharing

the process of spreading manufacturing and assembly operations across international borders

Customs Union

there is free trade in all goods that come through any of the union members, even imports from outside the customs union

Four Freedoms

to a body of EU law originating with the Treaty of Rome in which the EU committed itself to achieving the free movement of goods, services, capital, and people in the common market

Substantial Transformation Test

used to determine the country of origin of goods imported to the United States when the goods are produced or assembled in more than one country