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What Does Bilateral Agreements Mean

With regard to the legal nature of the bilateral agreements signed between ASEAN and China, opinions differ. Let us take the example of the ACFTA framework agreement; Some see it as a bilateral agreement between the two parties, namely China and ASEAN as a whole,57 while others see it as a multilateral treaty with 11 contracting parties.58 As the former scholar notes, the ambiguous legal personality and the division of ASEAN members into two groups do not detract from the bilateral nature of the agreement. Given that the treaty deals with extensive economic cooperation between ASEAN and China, it is clear that one of the parties is China, while the other parties are the ten ASEAN members who are taken in total59.59 The latter views the ACFTA framework agreement as a multilateral agreement signed by eleven national states and not as a “bilateral agreement” between China and ASEAN. In its nature, it mainly contains bilateral commitments between China and the various ASEAN countries. This legal reality will have a profound impact on the performance of contractual obligations and on the use of the dispute settlement mechanism in the implementation of the ACFTA60 framework agreement, CIPO does not ask that the investment or loan to cover the export of equipment be tainted when, in general, equipment imported from developed countries would not be covered (since export blankets should not be available). CIPO is not limited by the OECD consensus. Over-the-counter derivatives are bilateral agreements between two counterparties that are not traded or executed on the stock exchange. In some cases, over-the-counter transactions can be recorded via a stock exchange without a margin mechanism. Compared to listed derivatives that are standardized, over-the-counter products are tailored to the needs of both counterparties. The warning signs of these transactions are in the following situations: electricity is currently traded in Germany on a stock market or by “over-the-counter trades”, bilateral agreements between companies and electricity suppliers. The two markets followed by Germany are the EEX European Energy Exchange in Leipzig and the European Energy Exchange EPEX Spot in Paris.

These two markets are one-day ahead on the basis of daily offers, and intraday markets, where offers for electricity generation can be placed up to 45 minutes before production. As in Denmark, electricity pricing is based on the scale of services, with the lowest marginal electricity generation and supply costs for generators; exchange rate corresponding to the highest marginal price, in order to ensure that electricity needs are covered. If there is a separation between expected electricity and real-time demand, perhaps due to wind forecasting errors or unscheduled plant shutdowns, balancing markets will be used. Germany uses a single price zone, where the price of electricity is increased throughout the country. The German electricity market is linked to neighbouring countries because of the interconnections between Germany and neighbouring countries, which allows international electricity trade (Federal Ministry of Economy and Energy, 2014b). Regionalism is a relatively new phenomenon. At the beginning of the WTO, only Japan, Korea and Hong Kong were not part of a EPZ. Today, only Mongolia among WTO members is not in a EPZ.