This timely book gives an overview of the main legal issues the EU faces in negotiating, concluding and implementing so-called ‘New Generation’ free trade agreements. Featuring contributions by international specialists on EU external action, this book demonstrates why these FTAs have become challenging for the EU, as well as analysing how the EU has dealt with its institutional constraints, and addresses contemporary debates and future challenges for EU institutions and Member States.
Présentation de l'éditeur : "Law and Practice of the Common Commercial Policy provides a critical analysis of the European Union (EU)'s trade law and policy since the Treaty of Lisbon. In particular, it analyses the salient changes brought by the Treaty of Lisbon to the Common Commercial Policy (CCP), focussing on the relevant case law of the Court of Justice of the European Union (ECJ), EU free trade agreements, investment protection, trade defence, institutional developments and the nexus between the CCP and other EU policies. The volume brings together a group of distinguished authors, including former and current members of the ECJ, practitioners, officials from EU institutions and Member States and leading scholars in the area of EU trade and external relations law."
Despite the Lisbon Treaty reforming the EU Treaty provisions on external relations, it was argued at the time of the Treaty’s entry into force that ‘mixity was here to stay’. While this has indeed proven to be the case, the Court of Justice’s jurisprudence has nonetheless redrawn the contours within which mixity can thrive and for the first time has confirmed the existence of ‘facultative mixity’. In light of these significant post-Lisbon developments the volume aims to clarify the law and policy of facultative mixed agreements in the EU’s treaty practice and this not only from the perspective of EU (constitutional) law itself but also from the perspective of the EU Member States’ legal systems, that of the EU’s third country treaty partners and that of public international law itself.
Deep trade agreements (DTAs) cover not just trade but additional policy areas, such as international flows of investment and labor and the protection of intellectual property rights and the environment. Their goal is integration beyond trade or deep integration. These agreements matter for economic development. Their rules influence how countries (and hence, the people and firms that live and operate within them) transact, invest, work, and ultimately, develop. Trade and investment regimes determine the extent of economic integration, competition rules affect economic efficiency, intellectual property rights matter for innovation, and environmental and labor rules contribute to environmental and social outcomes. This Handbook provides the tools and data needed to analyze these new dimensions of integration and to assess the content and consequences of DTAs. The Handbook and the accompanying database are the result of collaboration between experts in different policy areas from academia and other international organizations, including the International Trade Centre (ITC), Organisation for Economic Co-operation and Development (OECD), United Nations Conference on Trade and Development (UNCTAD), and World Trade Organization (WTO).
This comprehensive book provides a thorough analytical overview of the European Union’s existing law and policy in the field of international trade. Considering the history and context of the law’s evolution, it offers an adept examination of its common commercial policy competence through the years, starting with the Treaty of Rome up until the Treaty of Lisbon, as a background for understanding the EU’s present role in the World Trade Organization (WTO) framework.
This book offers the first thorough legal analysis of the practice of mixity since the Lisbon Treaty, providing the perspectives of international, EU, and national law. It sets out a detailed theoretical understanding of mixity, the common commercial policy, and the recent case law of the EU Court of Justice. It assesses recent practice and current challenges, such as the non-ratification of mixed agreements, ensuring parliamentary participation in EU treaty-making, the new architecture for concluding EU trade and investment agreements, as well as the new trade agreement between the EU and the UK post-Brexit. In so doing, the author argues that in the field of trade and investment, mixity is no longer a procedural technique to overcome legal uncertainties about competence allocations between the EU and the Member States. Instead, mixity has become a deliberate substantive design choice. This brings a fresh and innovative perspective to a key tenet of EU external relations law.
This comprehensive and clearly written textbook offers a long-awaited introduction to the trade policy of the European Union, the world's largest trading entity. Gstöhl and De Bièvre provide a comprehensive assessment of the common commercial policy, its relationship with other policies, like development policy, and of the EU's multi-level policy-making and international bargaining in this area. As well as providing a broad overview of the nature and development of the EU's trade policy, the authors analyse how relevant institutions and decision-making processes are organized and how this set-up fosters particular policy outcomes. Gstöhl and De Bièvre show how the thorough and critical study of EU trade policy can be conducted from an interdisciplinary viewpoint, enabling the student to tackle the ever-evolving political, economic, and legal questions that arise. Given the accessible writing, this book is recommended for both undergraduate and Master's students studying the EU and Europe in their Politics, International Relations, Economics or Law degrees, as well as those focusing on international trade policy.
The European Union beyond the Polycrisis? explores the political dynamics of multiple crises faced by the EU, both at European level and within the member states. In so doing, it provides a state-of-the-art overview of current research on the relationship between politicization and European integration. The book proposes that the EU’s multi-dimensional crisis can be seen as a multi-level ‘politics trap’, from which the Union is struggling to escape. The individual contributions analyze the mechanisms of this trap, its relationship to the multiple crises currently faced by the EU, and the strategies pursued by a plurality of actors (the Commission, the European Parliament, national governments) to cope with its constraints. Overall, the book suggests that comprehensive, ‘grand’ bargains are for the moment out of reach, although national and supranational actors can find ways of ‘relaxing’ the politics trap and in so doing perhaps lay the foundations for more ambitious future solutions. This book, dedicated to the exploration of the political dynamics of multiple, simultaneous crises, offers an empirical and theoretical assessment of the existing political constraints on European integration. Analysing domestic and European political reactions to the EU’s polycrisis and assessing how EU institutions, national governments and broader publics have responded to a new era of politicization, The European Union beyond the Polycrisis? will be of great interest to scholars of European politics and the EU, as well as professionals working in EU institutions, national administrations and European advocacy groups. The chapters were originally published as a special issue of the Journal of European Public Policy.
"Explores European foreign policy and the degree of European Union success in proposing itself as a valid international actor, drawing from the expertise of scholars and practitioners in many disciplines. Addresses issues past and present, theoretical and practice-oriented, and country- and region-specific"-- Provided by publisher.
Australia (together with New Zealand) is one of the few Organisation for Economic Co-operation and Development (OECD) countries with which the EU does not have a comprehensive trade agreement. Australia and the EU are entering a new phase in the bilateral relationship, and the push towards a potential trade agreement has been steadily gaining momentum. This collection brings together diverse and deeply practical contributions to the forthcoming policy debate on the Australia–EU Free Trade Agreement (FTA), highlighting potential points of difficulty and possible gains from the agreement. This book makes two further contributions: it adds to the body of work reappraising the contemporary Australia–EU relationship; and provides a snapshot of current issues in trade policy—the ‘new trade agenda’—which is more complex and politically visible than ever. The issues confronting Australia and the EU in forthcoming negotiations are those confronting policy makers around the globe. They are testing public tolerance of decisions once viewed as dull and technocratic, and are redefining the academic treatment of trade policy. ‘… this book is especially important because it is talking about a very different type of trade agreement than the ones Australia has concluded recently with our major trading partners in East Asia. An agreement with the EU inevitably will focus on issues like services, investment, government procurement, and competition policy. These are major issues in their own right, are key parts of the new trade agenda, and are critical to Australia’s successful transition to a prosperous post–mining boom economy. In the absence of generalisable unilateral economic reform in this country, trade policy hopefully will provide an external source of pressure for reform. If this book adds to that pressure while also suggesting some of the tools needed for reform, it will have made a major contribution.’ Dr Mike Adams, Partner, Trading Nation Consulting
