The EU deep trade agenda : law and policy / Billy Alexis Melo Araujo.

Format:

Book

Author/Creator:

Melo Araujo, Billy Alexis, author.

Series:

Oxford studies in European law

Oxford studies in European law.

Language:

English

Subjects (All):

Trade regulation--European Union countries.

Trade regulation.

European Union countries.

Free trade--European Union countries.

Free trade.

Physical Description:

xxii, 276 pages ; 24 cm.

Place of Publication:

Oxford : Oxford University Press, 2016.

Summary:

The aim of this series is to publish important and original research on EU law. The focus is on scholarly monographs, with a particular emphasis on those which are interdisciplinary in nature. Edited collections of essays will also co included where they are appropriate. The series is wide in scape and aims to cover studies of particular areas of substantive and of institutional law, historical works, theoretical studies, and analyses of current debates, as well as questions of perennial interest such as the relationship between national and EU law and the novel forms of governance emerging in and beyond Europe. The fact that many of the works are interdisciplinary will make the series of interest of all those concerned with the governance and operation of the EU. Book jacket.

Contents:

1 Introduction 1

1.1 Research Question 1

1.2 Research Methodology 4

1.3 Boundaries of the Research 5

1.4 Structure of the Book 11

2 The EU's Deep Trade Agenda Contextualized 13

2.1 Introduction 13

2.2 Evolution of the International Trading System Post-Second World War 13

2.2.1 From shallow to deep integration 13

2.2.2 The impact of deep integration on national autonomy 16

2.2.3 Deep integration and trade governance 21

2.3 The EU's External Trade Policy-a Historical Perspective 26

2.3.1 The EU as a powerful protectionist 26

2.3.2 The EU as a promoter of multilateral deep trade liberalization 29

2.3.3 Global Europe strategy-shift towards competitive liberalization 32

2.4 Trade Policy as a Vector for the EU's Identity in International Affairs 40

2.4.1 Civilian and Normative Power Europe 40

2.4.2 EU trade policy and narratives of self-projection 42

2.4.3 Moving away from normative power 44

2.5 Conclusion 46

3 Legal Framework of the EU's Deep Trade Agenda: Competence, Decision Making, and Objectives 49

3.1 Introduction 49

3.2 EU External Trade Competence 50

3.2.1 General considerations 50

3.2.2 Common Commercial Policy 51

3.3 Decision-making Process for EU Trade Agreements 62

3.4 Objectives of EU External Trade Policy 64

3.4.1 Objectives of the CCP 64

3.4.2 Normative value of Treaty-recognized objectives 64

3.4.3 Current practice in EU DCFTAs-sustainable development chapters 68

3.5 Conclusion 73

4 Services 75

4.1 Introduction 75

4.2 Liberalization of International Trade in Services 76

4.2.1 The purpose of domestic regulation of services 76

4.2.2 Domestic regulation as a barrier to trade in services 77

4.3 Legal Framework for the Regulation of International Trade in Services 80

4.3.1 GATS regulatory framework 80

4.3.2 Obstacles to further GATS liberalization 84

4.4 EU External Trade Law and Policy in the Area of Services 85

4.4.1 General trends in FTA services liberalization 85

4.4.2 Global Europe strategy and trade in services 86

4.4.3 Liberalization of trade through EU DCFTAs 88

4.5 Conclusion 103

5 Investment 107

5.1 Introduction 107

5.2 Evolution of International Investment 108

5.2.1 The emergence of international investment law 108

5.2.2 From neo-liberalism to recalibration? 110

5.3 EU Investment Protection Policy-Towards a Recalibrated EU Model BIT? 112

5.3.1 Past EU practice 112

5.3.2 A new approach to investment protection 113

5.4 Investment Protecrion Chapters in EU DCFTAs 116

5.4.1 Scope 116

5.4.2 Non-discrimination 119

5.4.3 Fair and equitable treatment 121

5.4.4 Expropriation 124

5.4.5 Right to regulate and exceptions 127

5.4.6 Investor-state dispute settlement 129

5.5 Conclusion 134

6 Intellectual Property 137

6.1 Introduction 137

6.2 Global IP Regulation, TRIPS, and the Struggle for Policy Space 138

6.3 EU External Trade Policy in IP 141

6.3.1 Plurality of IP rule-making venues 141

6.3.2 The link between internal and external IP policy and law 142

6.4 Geographical Indications 145

6.4.1 Significance of geographical indications for the EU 145

6.4.2 Regulatory framework for geographical indications 146

6.4.3 EU external trade policy in the area of geographical indications 151

6.4.4 Limits of the EU's trade policy on geographical indications 157

6.5 IP Enforcement 159

6.5.1 Regulatory framework for me enforcement of IPRs 159

6.5.2 EU external trade policy in IP enforcement 162

6.5.3 EU's approach to enforcement of IP rights in EU DCFTAs 166

6.6 Conclusion 176

7 Competition 179

7.1 Introduction 179

7.2 Trade Liberalization and Competition Policy 181

7.2.1 Political economy of the trade/competition interface 181

7.2.2 Objectives of competition policy and law in the context of trade liberalization: Market access versus economic efficiency 182

7.2.3 Developing country concerns 185

7.3 Competition Law in the WTO 185

7.3.1 Current legal framework 185

7.3.2 EU proposals for a WTO agreement on competition 186

7.3.3 International cooperation in non-binding venues 189

7.4 Post-Doha EU External Trade Policy in Competition 190

7.4.1 Shift towards bilateralism 190

7.4.2 Substantive obligations on competition law in EU trade agreements 191

7.4.3 Competition chapters in EU DCFTAs 193

7.5 Conclusion 199

8 Public Procurement 203

8.1 Introduction 203

8.2 Liberalization of Public Procurement 204

8.2.1 Market access and 'framework rules' 204

8.2.2 Opposition to liberalization of public procurement markets 206

8.3 Regulatory Framework for Government Procurement 208

8.3.1 WTO Government Procurement Agreement 208

8.3.2 EU legal framework 211

8.4 EU External Trade Policy and Law in Public Procurement 213

8.4.1 External policy and legislative reform 213

8.4.2 Proposal on third country market access to the EU public procurement market 214

8.4.3 EU DCFTAs 219

8.5 Conclusion 223

9 Conclusion 225

9.1 The EU as a Promoter of Deep Disciplines 225

9.2 Deep Trade Disciplines and Non-trade Objectives 228

9.3 The EU-a Trade Power Like Any Other 233

9.4 An Interim Assessment of the EU's Deep Trade Agenda in the Pose-Doha Era: Promoting Multilateral Rules, but not the Multilateral Process 237.

Notes:

Includes bibliographical references and index.

ISBN:

9780198753384

0198753381

OCLC:

945899935