Legal 4900 - Roessing Exam 4 (ch 14&15)

regional value content

says that a certain percentage of a good must be produced in North America to apply to NAFTA trade policies

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; for appeals

Maquiladora

production sharing plant

European Union

- An international organization of European countries formed after World War II to reduce trade barriers and increase cooperation among its members. - didn't abolish the three communities but created the concept of a union as an expression of the member states underlying unity

common agricultural policy (CAP)

- EU implemented objectives which ensure minimum prices to farmers, imposes import tariff barriers from nonmember states, and pays subsidies to farmers for cultivated land

Torresi v. Consiglio dell'Ordine degli Avvocati di Macerata

- two Italian nationals got law degrees in Italy and Spain and went to Spain to take the bar. - wanted to transfer their license to Italy through the " special section" of the bar council in Italy - Italy was saying they couldn't do this - court found that no abuse was present as a result of a national member state obtaining a university degree, traveling to another member state to acquire the professional qualification of a lawyer, and then returning to their home state in order to practice law

arbitral panel

a NAFTA panel, consisting of five members who are experts in trade or law

production sharing

the process of spreading manufacturing and assembly operations across international borders

Generalized System of Preferences (GSP)

trade preferences available to selected products imported from any qualified developing country

substantial transformation

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

Commission of the European Communities v. Italian Republic

- Italy was giving reduced rates to people of certain ages for public monuments but only for Italians or people who resided in Italy - Commission said this was discrimination by not giving same discount to citizens of EU member states - Decision: The court prohibited local governments in Italy from maintaining different fees for Italian nationalists and citizens of other EU member states with respect to local museums and cultural attractions - non discrimination principle

Commission of the European Communities v. Portuguese Republic

- Portugal put a ban on window tint (which was from other member states) for the purpose of combating crime and making sure people were wearing seatbelts - didn't put a ban on glaze for windows which was from Portugal - the court struck down on Portugal's absolute prohibition on the tinting of automobiles windows after they have been released into the stream of commerce despite the absence of an EU law directly in contravention to the Portuguese law and the concerns regarding public safety and combating crime - freedom of goods

Samsonite Corp v. US

- Samsonite corp sent steel strips from the US to Mexico for use as luggage handles - They claimed they were "ready for assembly" and shouldn't be taxed - The CIT upheld the govt's contention that they weren't exported in a condition ready for assembly - Samsonite appealed and court of appeals upheld decision of lower court - bending and processing of steel strips in Mexico was fabrication and not a mere assembly and therefore did not qualify for duty free treatment

Metalclad Corp V United Mexican States

- a Mexican firm had received all the permits for a hazardous waste treatment plant - A US firm bought out the Mexican company and then Mexico said wait, no all permits weren't received and then the state governor made the area into a protected wildlife area - Metalclad complained and said Mexico was treating the US firm unfairly and wasn't giving them the same treatment as the Mexican firm - Court found that Mexico had violated Metalclad's rights and they weren't given fair and equitable treatment - damages were only limited to the amount already invested my Metalclad

acquis communautaire

- the accumulated legislation, legal acts, and court decisions which constitute the body of European Union law. - literally means "that which has been agreed upon by the community"

Kirk v. New York State Department of Education

- a vet from Canada sought to obtain his license to practice in New York, but NY said they can't grant it to him because he's not a permanent resident - Kirk filed a lawsuit stating that this restriction was inconsistent with federal regulations implementing NAFTA and permitting him to temporarily enter the US to practice veterinary science - court found for Kirk and ordered New York to grant him a vet license in accordance with his immigration status pursuant to NAFTA

common market

- also called an economic community - seeks to further facilitate free competition within a group of nations - to do so, it protects the right of all enterprises and persons within the are to do business, Invest capital, and sell their services anywhere within the area without discrimination on the basis of national origin

free trade agreement (FTA)

- develops when two or more countries agree to eliminate or phase out customs duties and other barriers to trade among the member countries - products typically have to be created in the FTA countries to apply

In the Matter of Cross Border Trucking

- exports from Mexico to US were having to go through three different trucks (one before border, at border, and past border) because US said Mexican trucks weren't safe enough to be on US roads - Mexico said you can't ban Mexican trucks because it violates national treatment - panel agreed that US restrictions on Mexican trucking violated NAFTA - can still hold Mexican trucks to same standard as US trucks though

custom user fees

- fees imposed on importers to help fund the cost of customs enforcement and port services - eliminated by NAFTA

European Central Bank

- the central bank of those members of the European Union who share a common currency - mission is to "promote price stability" and "to define and implement the monetary policy of the euro zone, conduct foreign exchange operations, issue notes, and promote the smooth operation of payment systems"

Blanco and Fabretti v. Agenzia Delle Entrate

- in Italy, winnings from casinos in Italy were exempt from taxation. winnings from casinos outside of Italy were subject to Income Tax - wanted to address the consistency of of Italy's dual tax treatment of casino winnings with the principle of non-discrimination with respect to service providers and whether such treatment could be justified by reasons of public policy, security, or health - The 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

customs union

- more ambitious in scope than a FTA - free trade in all goods that come through any of the union members, even imports from outside the customs union

qualified majority voting

- not all member states had to agree on proposals that related to the internal market - allows you to make decisions even if there is some objection

The Four Freedoms

- refers to the body of EU law in which the EU committed itself to achieving the free movement of goods, services, capital, and people in the common market

EU Directive

- require that members bring their laws into harmony with the standard stated in the directive within a stated time period - shall be 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 (CO)

- required for all shipments moving along the US, CA and MX - certifies that the goods qualify as having originated in North America for purposes of preferential tariff treatment under NAFTA - required for commercial goods over $1000

EU Regulation

- shall have general application - shall be binding in its entirety and directly applicable to all member states

export taxes (referring to NAFTA)

- tax placed on an exported good - prohibited by NAFTA unless the taxes are also applied to similar goods sold for domestic consumption

tariff shift rule

goods can be transferred into a product of North America if it undergoes a new tariff classification - change in tariff classification or a regional value-content requirement

national treatment (referring to NAFTA)

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