Framing Convergence with the Global Legal Order: The EU and the World

Foreword by Anu Bradford
Contents
List of Contributors
Introduction: On Framing Convergence of the EU with the Global Legal Order
	I. Framing the EU as a Global Convergence Actor
	II. A Global Legal Order against Convergence?
	III. Framing External Effects: Is EU Law more \'Inside-out\' than \'Outside-in\'?
	IV. Outline of Contributions in this Volume
	V. Conclusions
PART I: FRAMING EU GLOBAL CONVERGENCE
	1. The EU’s Free Trade and Investment Agreements: European
Convergence with World Trade Law?
		I. Introduction
		II. EU Standards on Trade in Goods
		III. EU Standards on Investment
		IV. EU Standards on Services
		V. EU Standards on Competition, Procurement, Intellectual Property
		VI. EU Standards on Sustainable Development
		VII. Conclusion
	2. Convergence through EU Unilateralism
		I. Introduction
		II. The EU and Multilateralism
		III. EU \'Unilateralism\'
		IV. Conclusion
	3. Converging Dual-Use Export Control with Human Rights Norms:
The EU’s Responses to Digital Surveillance Exports
		I. Introduction
		II. Convergence with the EU\'s Commitment in its External Action
		III. Convergence with International Standards on Business and Human Rights
		IV. Divergence from International Human Rights Law
		V. Divergence from International Export Control Regimes
		VI. Conclusion: Between Convergence and Divergence
	4. The EU and International Investment Agreements:
To Diverge is to Converge
		I. Introduction
		II. European Support for Traditional Investment Agreements
		III. Convergence through Traditional Investment Agreements
		IV. A Rejection of Convergence via Intra-EU Agreements? The Achmea Case
		V. Limitation of Convergence through Extra-EU Agreements: Opinion 1/17
		VI. Concluding Remarks
	5. Epilogue: EU Global and Regional Convergence
PART II: A GLOBAL LEGAL ORDER AGAINST CONVERGENCE?
	6. Resistances to Global Convergence
		I. Introduction: Beyond Global Convergence
		II. Economy, Society and the Embeddedness of Legal Culture as Global Irritants
		III. Institutional Change and Administrative and Regulatory Path Dependencies
		IV. A Decolonisation and Racial Perspective to Eurocentric Convergence
		V. Democratic Resistance Beyond the \'Encasement\' of Neoliberalism in Global Law
		VI. Conclusion
	7. EU and US Regulatory Coherence in TTIP – Similarities and Differences
		I. Introduction
		II. Why was Regulatory Coherence so Important in TTIP?
		III. Progress of Negotiations
		IV. Comparing US and EU Approaches to Regulatory Cooperation
		V. Conclusions
	8. EU External Relations and International Law: Divergence on Questions
of ‘Territory’?
		I. Introduction
		II. Internal EU Territorial Issues
		III. The CJEU and External Territorial Implications of EU Law
		IV. Conclusion
	9. The Global Compact on Migration: Convergence or Divergence
with EU Policies?
		I. Introduction
		II. The Legal Effects of the Global Compact
		III. The Role of the EU in the Elaboration of the Global Compact
		IV. The Breach of the Unity in the International Representation of the EU
		V. The Implications of the Divergence among EU Member States as Regards the Global Compact
		VI. Concluding Remarks
	10. Convergence and Divergence of the Principle of Solidarity
		I. Introduction
		II. The Principle of Solidarity
		III. Convergence or Divergence Trends as Regards the Principle of Solidarity
	11. Epilogue: The EU as a Selective and Conflicted Converger
PART III: WHEN IS EU LAW AND POLICY MORE ‘INSIDE-OUT’
THAN ‘OUTSIDE-IN’?
	12. Regulatory Cooperation in EU FTAs: Linking Legalisation
to Convergence
		I. Introduction
		II. Precision: Mapping the Subjects and Objects of Regulatory Cooperation
		III. Obligation: Enhancing Convergence of Processes
		IV. Delegation: (Not) Embracing Convergence Results
		V. Conclusion
	13. Labour Standards in EU-Mexico Trade: An Assessment along Two
Narratives of Convergence
		I. Introduction: Identifying the Two Narratives of Convergence
		II. Vertical Convergence: EU-Mexico FTA and International Labour Standards
		III. Horizontal Convergence: Human Rights and Rule of Law Approaches to Labour
		IV. Conclusions
	14. Global Convergence through EU Value Chain Regulation
and Voluntary Standards
		I. Introduction
		II. Using Standards in GVC Regulation
		III. Is there Convergence on the Ground?
		IV. Divergence with International Trade Obligations
		V. Conclusion
	15. The EU Equivalence Regime as a Mechanism of Convergence:
Financial Regulation and EU Law
		I. Introduction
		II. What is the EU Equivalence Regime?
		III. Equivalence as a Mechanism of Regulatory Convergence
		IV. What is the Required Level of Regulatory Convergence with EU Law to Third Countries?
		V. The Role of the Commission in the Management of Equivalence Policies: The Case of Switzerland
		VI. Limitations of the EU Equivalence Regime as a Convergence Mechanism
		VII. Changing the EU Equivalence Regime in View of Brexit
		VIII. Conclusion
	16. ‘A Deep Trade Agenda’: The Convergence of Trade
and Fundamental Rights
		I. Introduction
		II. The Methodological Challenges of Understanding and Exploring \'Deepness of Fundamental Rights\' in EU Trade Agreements
		III. Convergence as a Methodological Device
		IV. Case Study: Convergence of Trade and Labour via Treaty Bodies and their Actors
		V. Conclusion
Index