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Federico Della Negra
European Business Law Review
Volume 28, Issue 4 (2017) pp. 499 – 521
https://doi.org/10.54648/eulr2017025
Abstract
This paper explores the interactions between the general law of contract and the EU derived financial regulatory duties. Starting from the analysis of the legal nature of the EU-derived conduct of business rules duties and the role played by contract law in the governance of financial markets, the paper shows that, after the global financial crisis, national courts have used the remedies based on general contract law as tools to enforce the EU-derived conduct of business rules and to ensure a high level of client protection. This paper argues that this case law provides evidence of a gradual process of Europeanisation and modernisation of the general law of contract, i.e. of transformation of traditional autonomy-driven categories of general contract law into regulatory tools to govern financial transactions and increase the protection of investors.
Extract
This article explores European Union (EU) policy on geographical indications (GIs) as expressed in the outcomes of EU trade negotiations. This empirical approach provides a factual basis about the GI deals which are acceptable to the EU. Across the EU’s six recent Global Europe treaties the EU has achieved a good degree of success in obtaining strong-form GI rights (no use of -like, -style qualifiers on labels) for a number of specific products. The article also identifies GI outcomes in recent treaties driven by US negotiating demands. While US-driven treaties prioritize a trademark approach to GIs, they also allow for coexistence with EU-style strong-form GIs. Comparing these two sets of outcomes provides useful insights for future EU trade negotiations, such as the proposed Transatlantic Trade and Investment Partnership (TTIP) with the US or the proposed Free Trade Agreement with Australia and New Zealand. In particular the Canada-EU Comprehensive Economic and Trade Agreement (CETA) shows how the interests of domestic cheese and meat producers can be protected while allowing for strong-form GI privileges for a reasonable number (163 in CETA) of listed product names.
Journal of World Trade