Sentences with phrase «liberalisation agreement»

Secondly, the Court considered the GC's finding that the omission of a clause excluding the application of the Liberalisation Agreement to the territory of Western Sahara amounted to an implicit acceptance of its applicability to that territory by the Council and the Commission.

Finally, the Court held that the GC, in its interpretation, should have taken into account the principle of the relative effect of treaties, since the extension of the territorial scope of the Liberalisation Agreement to Western Sahara would have necessarily affected a «third party», namely the people of Western Sahara (Judgment para 100 - 107).

According to the Court, the GC had erred in law by interpreting the Liberalisation Agreement as also applying to the territory of Western Sahara.

In its judgment, the GC had concluded that the subsequent de facto application of the Association Agreement and the Liberalisation Agreement to the territory of Western Sahara had to be interpreted as subsequent practice in the sense of Article 31 (3)(b) VCLT, justifying the interpretation of the territorial scope of the Agreements as including Western Sahara.

This means, according to the Court, that the «territorial clause» of the Association Agreement (Article 94) prevails, and accordingly, that the Liberalisation Agreement could not be understood as including Western Sahara in its territorial scope, thus making the insertion of an express exclusion clause unnecessary (Judgment para 109 - 115).

Firstly, the Court stated that the GC had failed to consider «any relevant rules of international law applicable in the relations between the parties» when interpreting the Liberalisation Agreement (cf Article 31 (3)(c) VCLT).

The main bone of contention was the application of the Liberalisation Agreement to the territory of Western Sahara, a non-self-governing territory to be decolonised in accordance with the principle of self - determination, but which is considered by Morocco to be an integral part of its sovereign territory and is largely under Morocco's effective control.

Not exact matches

«Importantly, the free trade agreement will ensure that the Australian wine industry does not fall behind the liberalisation achieved by its major competitors South Africa and Chile in their deals with the US.»

60 Consequently, as the Commission observes, to regard the rules on patentable subject - matter in Article 27 of the TRIPs Agreement as falling within the field of the common commercial policy rather than the field of the internal market correctly reflects the fact that the context of those rules is the liberalisation of international trade, not the harmonisation of the laws of the Member States of the European Union.

«Finally, the link which the provisions of Chapter 13 of the envisaged agreement display with trade between the European Union and the Republic of Singapore is also specific in nature because a breach of the provisions concerning social protection of workers and environmental protection, set out in that chapter, authorises the other Party — in accordance with the rule of customary international law codified in Article 60 (1) of the Convention on the law of treaties, -LSB-...]-- to terminate or suspend the liberalisation, provided for in the other provisions of the envisaged agreement, of that trade.»

Indeed, the Court considers that the sustainable development chapter «plays an essential role in the agreement» (para. 162) and that the agreement operates under a form of conditionality «by making liberalisation of that trade subject to the condition that the Parties comply with their international obligations concerning social protection of workers and environmental protection» (para. 166).

The common commercial policy shall be based on uniform principles, particularly in regard to changes in tariff rates, the conclusion of tariff and trade agreements, the achievement of uniformity in measures of liberalisation, export policy and measures to protect trade such as those to be taken in the event of dumping or subsidies.

Many governments, especially poorer ones, have been wary of the claims made about investment liberalisation and have opposed moves to make a global agreement which would bind them to open up their economies by removing all regulations on foreign investment.