This book considers the EU's recent reorientation of its trade policy towards stronger enforcement and more robust representation of its interests, and offers readers a comprehensive study of the novel tools of trade policy, considered especially in light of the EU's international and constitutional commitments and support for multilateralism.
This book analyses whether the recent reorientation of EU trade policy towards stronger enforcement and more robust representation of interests, resulting in a series of new or amended legislative tools, is in conformity with the EU's international commitments, particularly WTO, FTA, environmental, and general international law, and with its multilateralist stance and its underlying constitutional obligations. The analysis is also set against the consequences that would flow from that within the EU legal order, providing readers with a comprehensive view of the external and internal constraints on trade policy that the EU should respect, as well as the leeway it enjoys. In case of potential tensions, it submits changes that would better balance the EU's new ambitions and international obligations. Furthermore, the book looks beyond the possible legal repercussions to consider the broader political implications of these instruments on the credibility of the EU's commitment to multilateralism and international law.
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Analyses the EU focus on more assertive enforcement and robust representation of interests considering its international and constitutional commitments.
1. Introduction; Part I. EU Trade Policy and its Constrain:
2. The EU's
trade policy: past and prospect;
3. External and internal constraints for the
EU's open strategic autonomy in trade policy; Part II. The Tools for Stronger
Enforcement of Trade Rights:
4. The EU-Led MPIA: an attempt to rescue the WTO
dispute settlement;
5. The amended trade enforcement regulation: addressing
dispute settlement blockages;
6. The anti-coercion instrument: is there a
place for unilateralism under international rules?;
7. Enforcement of the FTA
TSD chapters: newfound strength?; Part III. The Tools for Assertive
Representation of EU Interests:
8. The IPI regulation: a 'level playing
field' for European economic operators in Foreign public procurement markets
within international law confines?;
9. The foreign subsidies regulation: the
way forward to competitive equality and exterritoriality of EU competition
law?;
10. CBAM: in tension with EU's international trade and climate
commitments;
11. Conclusion; Bibliography.
Wolfgang Weiß is Full Professor and Chair Holder of Public Law, European Law and Public International Law at the German University of Administrative Sciences Speyer. His main research areas are EU, WTO, and international economic law. He regularly contributes to article-by-article commentaries on EU law and publishes books and articles in both English- and German-language journals. Two of his books won academic book prizes. His most recent monographs are WTO Law and Domestic Regulation: Exploring the Determinants for the Impact of the WTO on Domestic Regulatory Autonomy (2020) and a treatise on WTO law (published in German: Welthandelsrecht, 3rd ed. 2022, co-authored with Christoph Ohler and Marc Bungenberg). He is also a co-editor of Global Politics and EU Trade Policy (2020). Cornelia Furculita is a postdoctoral researcher at the Chair for Public Law, European Law and Public International Law at the German University of Administrative Sciences Speyer. Cornelia's research interests lie in international trade law, especially the intersection of WTO, FTAs, and EU trade law. She is the author of The WTO and the New Generation EU FTA Dispute Settlement Mechanisms (2021) and a co-editor of Global Politics and EU Trade Policy (2020).
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