Balázs Horváthy

24168473200

Publications - 8

INTERNATIONAL TRADE LAW AND EMERGING TECHNOLOGIES – A CONCEPTUAL FRAMEWORK /

Balázs Horváthy

Publication Name: Bratislava Law Review

Publication Date: 2020-12-31

Volume: 4

Issue: 2

Page Range: 9-20

Description:

The paper aims to establish a conceptual framework for a relation between technological development and the international trade law. Uncovering the complex interaction between these two areas of the social reality is important today, when we are witnessing an intense period of technological revolution, which transforms not only the trade, but also the whole economy, and at the same time, it also creates challenges to the international trade law. The paper sheds light on the background of these processes and offers an introductory analysis with the aim of mapping the topic and the relevant literature. For this reason, the paper examines the roots of this context, and tries to respond the questions, what are the main challenges this revolution poses to international trade law, and how this area of law can rely upon its infrastructure to respond these challenges.

Open Access: Yes

DOI: 10.46282/blr.2020.4.2.201

Europeanization of the Hungarian legal order: From convergence to cancellation?

Balázs Horváthy Tamas Dezso Ziegler

Publication Name: Law in Eastern Europe

Publication Date: 2018-01-01

Volume: 67

Issue: Unknown

Page Range: 24-40

Description:

Since the political transition of Hungary in the late 1980s, the law of the European Union has been the primary external influence on the modernization of domestic legislation. This chapter aims to illustrate that Hungary, as a passive and receptive actor, implemented all components of eu law which were prerequisites for eu membership. This has resulted in an intense convergence in rules and values of the domestic and eu legal order until its accession to the eu in 2004. After accession, however, Hungary started to move from a constructive to confrontational Member State, which has led to a substantial divergence between the laws of Hungary and eu law. This chapter analyzes these processes and attempts to identify the possible consequences of this alteration in the Hungarian stance to the adoption of rules, values, and regulatory models originating from eu law. It will be demonstrated with case studies ranging from recent Hungarian economic legislation to the constitutional reform, illustrating how this new role of Hungary negatively affects the adaptability of Hungarian legal order and leads to canceling the convergence to the European law.

Open Access: Yes

DOI: 10.1163/9789004352070_004

Potential impacts of transatlantic trade negotiations on the eu environmental policy

Balázs Horváthy

Publication Name: Acta Juridica Hungarica

Publication Date: 2016-12-01

Volume: 57

Issue: 4

Page Range: 401-415

Description:

The current EU-US negotiations on the Transatlantic Trade and Investment Partnership (TTIP) may result in a comprehensive agreement which will be able to shape not only the traditional trade agenda but will cover a set of non-trade matters as well. Specifically, the environmental impacts as a matter of public concern are at the centre of attention of both the academia and the civil society. The proposed paper intends to analyse two aspects of the likely implications which could be triggered by the future transatlantic agreement. First, the policy level of the analysis is focusing on the question of how the contracting parties will integrate the environmental concerns into the agreement and how these concerns could be reconciled with the standard trade concerns and principles. Second, the TTIP could also have a direct impact on the environmental regulation; for this reason, the paper will also focus on the regulatory level. The paper concludes that a carefully planned agreement will not constrain the policy leeway of the EU in the field of the environmental protection, however, the EU negotiators have to pay very close attention to choosing the right models, methods and formulations in the future text of the agreement.

Open Access: Yes

DOI: 10.1556/2052.2016.57.4.1

The concept of 'union interest' in EU external trade law

Balázs Horváthy

Publication Name: Acta Juridica Hungarica

Publication Date: 2014-01-01

Volume: 55

Issue: 3

Page Range: 261-276

Description:

The category of 'Union interest' plays a specific role in EU common commercial policy. Its signifi cance is especially substantial in the fi eld of trade defence instruments. Even though trade defence instruments refl ect on international trade distortions, their main objective is to protect European industries and other economic operators against the injurious practices of competitors from third countries, the imposition of restrictive trade measures might not only offer advantages to the affected EU industries, but also disadvantages to other actors in the European Union. Consequently, the Union interest test makes sure the other side of the coin is looked at and the European Union is prevented from imposing trade defence instruments, when the negative impacts on certain interested actors are clearly disproportionate to the positive impacts the trade defence measure might have on the protected EU industries. The current paper is focusing on the nature and character of the 'Union interest'. The paper starts by defi ning some basic concepts regarding the EU interests in EU law, examines the nature of 'Union interest' in the trade defence procedures, and then attempts to reflect on the new trade enforcement regulation and the EU general trade interests.

Open Access: Yes

DOI: 10.1556/AJur.55.2014.3.3

Sustainable development and common commercial policy

Balázs Horváthy

Publication Name: Acta Juridica Hungarica

Publication Date: 2012-12-01

Volume: 53

Issue: 4

Page Range: 334-344

Description:

No description provided

Open Access: Yes

DOI: 10.1556/AJur.53.2012.4.5

The Hungarian EU Presidency-A newcomer's experience in a novel institutional framework

Balázs Horváthy Réka Friedery

Publication Name: Acta Juridica Hungarica

Publication Date: 2012-03-01

Volume: 53

Issue: 1

Page Range: 103-114

Description:

No description provided

Open Access: Yes

DOI: 10.1556/AJur.53.2012.1.10

After the first lessons and experiences - Cases concerning Hungary before ECJ (2004-2007)

Balázs Horváthy

Publication Name: Acta Juridica Hungarica

Publication Date: 2008-03-01

Volume: 49

Issue: 1

Page Range: 89-110

Description:

The essay attempts to give an overview on the cases relating to Hungary before European Court of Justice in the period between 20042007, which are classified into four categories. The first part of the article analyses eleven procedures concerning petitions for preliminary rulings, illustrating the bearings of the cases and pointing out the importance as well as consequences from the point of view of the Hungarian legal order. The essay refers to the fact that activity of Hungarian courts to apply preliminary ruling procedures is exceptionally high comparing with the other nine Member States acceded to EU in 2004 and in almost each cases concerned, the references were profoundly considered by the Hungarian court. The second category described in this paper includes cases, in which Hungarian individual persons participate as litigants (including the cases before Civil Service Tribunal). The experiences of these procedures on the basis of direct complaints indicate the conclusion that in several cases, the attorneys representing the plaintiff before ECJ involve not enough responsibilities to avoid bringing obviously inadmissible actions. In the third part of the paper the reader can get an insight into the cases in which the Republic of Hungary appears as litigant. Finally the fourth category embraces cases with indirect interest relating Hungary. These are referred but not deeply examined in the article. © 2008 Akadémiai Kiadó.

Open Access: Yes

DOI: 10.1556/AJur.49.2008.1.3

Autonomous Vehicles and the Infrastructure of the World Trade Law

Balázs Horváthy

Publication Name: Future Transportation

Publication Date: 2026-04-01

Volume: 6

Issue: 2

Page Range: Unknown

Description:

The development of new technologies, particularly autonomous vehicles, poses significant challenges and opportunities for international trade law. Legal frameworks must adapt to technological shifts while facilitating cross-border commerce. This paper examines the relationship between emerging technologies and the existing infrastructure of world trade law, focusing specifically on how current WTO agreements address technological developments. The analysis employs a legal doctrinal approach, examining the applicability of key WTO agreements to new technologies through the lens of technology-neutral interpretation. Departing from ‘dialectical relationship theory’ (Cottier), the research investigates the influence of new technologies on the legal infrastructure of international trade and how the latter can respond to their use and development. Current WTO frameworks demonstrate technology-neutral applicability to emerging technologies, including autonomous vehicles and related services. However, the paper identifies significant practical limitations arising from the ‘mosaic’ nature of member state commitments and varying levels of liberalization across relevant technology-related sectors. The findings suggest that, while the existing WTO infrastructure theoretically has the capacity to accommodate technological advances, realizing the full benefits of global trade in new technologies may require either the harmonized extension of WTO member-state commitments or the adoption of specific legislation to address current regulatory fragmentation.

Open Access: Yes

DOI: 10.3390/futuretransp6020060