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Prof. Dr. von Bernstorff

Export and international trade

Prof. Dr. Jochen von Bernstorff as co-author of a comparative legal study on the guidance and monitoring of governmental assistance to business in export and international trade.

 

Below is a translated extract from von Bernstorff, Jochen/ Jacob, Marc/ Baetens, F. Freya: Steuerung und Kontrolle der Außenwirtschaftsförderung in Deutschland, USA und den Niederlanden im Rechtsvergleich, 2012 (to be published by INEF, original in German).

(Guiding and monitoring governmental assistance to business in the area of export and international trade in Germany, the USA and the Netherlands: A comparative legal perspective)

This comparative legal study examines the legal basis, organisation und legal monitoring of state assistance to businesses in international trade and export through export credits and investment guarantees in Germany, the USA and the Netherlands. Due to varying historical and economic contexts,a diversity of relevant institutions and mechanisms exist. Apart from general questions regarding organisation, the study focuses on the legal basis, governmental project reviews and the monitoring of state-assistance given to business in export and international trade. Less emphasis is placed on the economic aspects of the review.The studay is mainly concerned with questions of legitimacy and the consideration of ecological and social critieria during the application process for overseas trade related guarantees by home firms. All three states in question are OECD members and therefore are already under detailed obligations imposed by OECD standards regarding the granting of export credits to businesses. These guidelines were subjected to a complete overhaul in 2012.1 Comparable OECD standards in the area of investment guarantees are not to be found, thus preventing direct scrutiny of state behaviour.

 

1 Organisation for Economic Co-operation and Development, Trade and Agriculture Directorate Trade Committee, Working Party on Export Credits and Credit Guarantees, Recommendation of the Council on Common Approaches for officially supported Export Credits and Environmental and Social Due Diligence (the “Common Approaches”), 28.06.2012, TAD/ECG(2012)5.