EU Law Assignment Van Gend en Loos v Nerderlandse Administratie der Belastingen (Case 26/62) [1963] ECR 1 Van Gend en Loos, a postal and transportation company, imported urea-formaldehyde from West Germany to the Netherlands. The Dutch customs authorities charged them a tariff on the import. Van Gend en Loos objected, submitting that the tariff was contrary to EC law. Article 12 of the Treaty of Rome (now replaced by Article 30 TFEU) stated: "Member States shall refrain from introducing between themselves any new customs duties on imports and exports or any charges having equivalent effect, and from increasing those which they already apply in their trade with each other." Van Gend en Loos paid the tariff but then sought to retrieve the money …show more content…
The European Court of Justice held that Van Gend en Loos could recover the money it paid under the tariff. Article 12 was capable of creating personal rights for Van Gend en Loos, even though this was not expressly stated. The Netherlands could not impose a higher tariff than that in force on 1 January 1958 (when the Treaty came into force). An increase in the tariff could arise either through an increase in the rate or through the reclassification of a product into a higher-rated category, and that both were illegal under Article 12. The question of the proper tariff for urea-formaldehyde was remitted to the national …show more content…
Costa was an Italian citizen who had owned shares in an electricity company and opposed the nationalisation of the electricity sector in Italy. He refused to pay his electricity bill, which amounted to 1,925 lire, in protest and was sued for non-payment by the newly created state electricity company, ENEL. In his defence he argued that the nationalisation of the electricity industry violated the Treaty of Rome and the Italian Constitution. The Italian judge, the Giudice Conciliatore of Milan referred the case first to the Italian Constitutional Court and then to the European Court of Justice. The Italian Constitution Court gave judgement in March 1964, ruling that while the Italian Constitution allowed for the limitation of sovereignty for international organisation like the European Economic Community, it did not upset that normal rule of statutory interpretation that where two statutes conflict the subsequent one prevails (lex posterior derogat legi anteriori/priori). As a result the Treaty of Rome which was incorporated into Italian law in 1958 could not prevail over the electricity nationalisation law which was enacted in
The import of British manufactured goods and, accessories made up for 80% of the tariffs revenue for government, Hamilton believed in keeping a durable trade relation with Britain would help generate revenue for repaying the national debt and, government expenses. In contempt, the protective tariffs were so suppose to protect domestic manufactures from foreign competition, but instead it Hamilton’s strong relationship with Britain stifled the growth and revenue of these industries, James Madison had proposed a stronger protective tariff under Boston manufacturers and, tradesmen in 1789, all the appeals were of same similar pattern, the demand of foreign goods in the American market. The demand had stifled their profits, and they demanded for a strong tariff to protect their marketing goods. The motion was ultimately blocked by the Senate with opposition coming from Alexander Hamilton. in Hamilton’s defense against the proposal, he issued that the need of a “revenue override the demand for protection of manufacturers”(cite
Ginsborg P (1990). ‘A History of Contemporary Italy: Society and Politics: 1943-1980’ Published by Penguin; Reprint edition (27 Sep 1990).
...lict. Neighboring countries will want to maximize their own revenues and in order to do so, they will set their own prices for goods and services.
One of these new schemes was the ‘protective tariff scheme’. This was put in place as a precaution to protect ...
The decade before 1900 can be thought of in terms of its government leaders, most notably, Francesco Crispi. Crispi attempted to lead Italy with administrative reforms and expansion abroad. The 1890s, however, also marked a time of great crisis, as riots over the prices of food grew increasingly common, and government oppression became more and more blatant. It was not uncommon for the prime ministers of the time to issue decrees without parliament by claiming royal authority, or to dissolve opposition parties. Even the end of the Sicilian fasci movement, which carried out strikes and opposition demonstrations, came when Crispi sent the military in on one of their strikes, imprisoning all of their leaders.
... order” (CITATION NEEDED). The plan also recognized the countries need for migrant workers, so it was the first set of legislation to allow a quota and a time limit for workers to have jobs within the country. In addition to migrant workers, the Martelli law was also the first of its kind in Italy to introduce some forms of visa requirements for foreigners entering the country. This was in part to show the EU that Italy could comply with the new rules, as well as show Italy’s ability to regulate who they allow into the Schengen area. One of the last major provisions of the law dealt with asylum seekers. When Italy signed the Geneva Convention in 1950, they agreed to allow asylum requests from foreigners only with in Europe, not elsewhere. With the passing of the Martelli law, anyone from outside was allowed to apply for asylum, not just those on the same continent.
The Italian legal system is that of civil law. According to Abadinsky civil law is based on written laws and statutes dictated by legislation and must be strictly adhered ...
We are all consumers, and we buy diverse products every day. But, do you know what the main factor is that influences us to choose a product? If someone selects a cloth, maybe he pays attention to its quality! Customers’ decisions can be changed depending on what the main factors they are looking at. Various influences can cause consumers to select different products.
According to Article 38 of the 1946 Statute of the International Court of Justice, the Court shall apply “international custom, as evidence of a general practice accepted as law” in its decisions (Kritsiotis 123). In other words, the International Court of Justice cites customs as a formal source of law. According to Roberto Unger, author of Law in a Modern Society, customary international law is best defined as “any recurring mode of interaction among individuals and groups, together with the more or less explicit acknowledgement of these groups and individuals that such patterns of interaction produce reciprocal expectations of conduct that out to be satisfied (Shaw 72-73). In other words, customary international laws are primarily concerned with how and why sates behave in a particular manner. Customs derive from the behavior of states (state practice) and the subconscious belief that a behavior is inherently legal (opinio juris). Evidence of state behavior is documented in the decisions of domestic courts, international courts, and international organizations. Unlike treaty law, customary laws are binding on all states. Additionally, if a treaty derives from a custom it is also binding on all states. Some of the international court cases that have been instrumental in the development of customary international law include the Nicaragua v. United States case, the Anglo-Norwegian Fisheries case, the Scotia case, the Asylum case, the Paquete Habana case, and the Lotus case.
The political force moved away from the painstakingly and time-consuming technique of multilateral tariff negotiations to smaller regional and bilateral provisions - the Regional Trade Agreement. In these arrangements; members accord preferential treatment , basically agreeing to liberalize the exchange of goods and services amongst each another giving regard to certain trade barriers. RTA is not the first-hand way of trade liberalization though. Initially, when multilateral trade discussions used to happen, two-sided and multiparty FTA”s filled the vacuum. There were restrictions from stringent and premeditated trade arrangements earlier, thus a lot of states are now moving towards freer trade for their own benefits.
Vanitas, found in many recent pieces, is a style of painting begun in the 17th Century by Dutch artists. Artists involved in this movement include Pieter Claesz, Domenico Fetti and Bernardo Strozzi . Using still-life as their milieu, those artists and others like them provide the viewer with ideas regarding the brevity of life. The artists are giving us a taste of the swiftness with which life can fade and death overtakes us all. Some late 20th Century examples were shown recently at the Virginia Museum of Art in Richmond, Virginia. Among the artists represented in this show were Miroslaw Balka (Polish, b. 1958), Christian Boltanski (French, b. 1944), Leonardo Drew (American, b. 1961), Felix Gonzalez-Torres (American, b. Cuba, 1957- 1996), Jim Hodges (American, b. 1957), Anish Kapoor (British, b. India, 1954), and Jac Leirner (Brazilian, b. 1961).
In the early years of the twentieth century, Italy has created a new system of government, however suffered social and economic conditions. Improvements were made however, poverty and literacy were still problems that have not been solved well. While entering World War I, the nation was neutral up until joining the British and French in exchange for certain advantages. However, it was unsuccessful as Italy failed to take control of the territories that it claimed at the Versailles Peace Conference, and suffered significant losses. The ideology of fascism occurred when the power of Italy was shrinking and the idea of being a pacifist became weak.
Firstly, what should be noted here is that international trade has been providing different benefits for firms as they may expand in different new markets and raise productivity by adopting different approaches. Given that nowadays marketplace is more dynamic and characterized by an interdependent economy, the volume of international trade has grown substantially in recent years, reducing the barriers to international trade. However, after experiencing the economic crisis that took its toll in 2008 many countries adopted a different approach in terms of trade barriers by introducing higher tariffs in order to protect domestic firms from foreign competition (Hill). Secondly, in order to better understand the implications of the political arguments for trade it is essential to highlight the main instruments of trade policy (See appendix 1).
Many controversies have arisen nowadays as to whether international law is “natural law”, international law now faces considerable criticism as to its effectiveness as law and doubts as to its actual existence, and its power to bind countries .
Wittendorff, J., 2010. Transfer Pricing and the Arm's Length Principle in International Tax Law. Alphen aan den Rijn: Kluwer Law International.