Global Politics and EU Trade Policy: Facing the Challenges to a Multilateral Approach (European Yearbook of International Economic Law)

Global Politics and EU Trade
Policy
	Acknowledgments
	Contents
	Introduction: EU Trade Policy Facing Unprecedented Challenges
		1 A Changing Global Political Context for EU Trade Policy
		2 Identifying and Addressing the Specific Challenges for EU Trade Policy
		3 Introducing the Contributions
		4 Results of the Contributions
		References
	Part I: EU Trade Policy in a Multipolar World: Pursuing WTO Reform and FTAs
	EU Multilateral Trade Policy in a Changing, Multipolar World: The Way Forward
		1 Introduction: US Unilateralism, China´s Exceptionalism and Russia´s ``Disruptivism´´ as Current Challenges for the EU´s Mult...
		2 The US Unilateralism
		3 China´s Exceptionalism
		4 EU Reactions
			4.1 A Firm Commitment to the WTO and Its Reform
			4.2 Negotiating Free Trade Agreements
			4.3 Counter-Reaction to US Protectionism
			4.4 Counter-Reaction to China´s Exceptionalism
		5 The Way Forward for the EU´s Multilateral Trade Policy in Between China and the US
		6 Persistent Threats to EU Unity
		References
	Tackling Technical Barriers to Trade in EU `New Generation´ FTAs: An Example of Open or Conflicting Regionalism?
		1 Introduction
		2 `Open´ or `Conflicting´ Regionalism
			2.1 Welfare Effects of Regional TBT Liberalisation
			2.2 WTO Rules for Regional Provisions on TBT
				2.2.1 Harmonization Based on `Relevant International Standards´
				2.2.2 Equivalence and Conformity Assessment: Open Recognition?
					2.2.2.1 MFN Under the TBT Agreement
					2.2.2.2 MFN Under the GATT
				2.2.3 A Specific Case of Restrictive Rules of Origin
		3 The EU `New Generation´ FTAs
			3.1 Orientation Towards International Standards
			3.2 Harmonisation
			3.3 Recognition of Equivalence
			3.4 Mutual Recognition of Conformity Assessment and Other Conformity Assessment Facilitation Methods
			3.5 Transparency and Trade Facilitation
		4 Conclusion
		Annex
		References
	Financial Services Liberalization Under EU FTAs: The Case of Clearing and Settlement Services
		1 Introduction
		2 Methodology
		3 Analytical Framework
			3.1 EU FTAs That Do Not Liberalize Trade in Financial Services
			3.2 Clearing and Settlement Commitments in FTAs
				3.2.1 Aggregate Number of Clearing and Settlement Commitments in FTAs
				3.2.2 Measuring the Depth of Clearing and Settlement Commitments in FTAs
				3.2.3 The Roadmap of GATS+ Clearing and Settlement Commitments for the EU FTAs
		4 Financial Regulation and the WTO Members´ Silos in Negotiating FTAs
		5 Concluding Remarks
		References
	FTA Dispute Settlement Mechanisms: Alternative Fora for Trade Disputes-The Case of CETA and EUJEPA
		1 Introduction
		2 Introducing CETA and EUJEPA DSMs
		3 Substantive Coverage Shaping CETA and EUJEPA DSMs as Alternative Fora for Trade Disputes
			3.1 The Substantive Coverage of the WTO, CETA and EUJEPA DSMs
			3.2 The Influence of the Competition Between Substantive FTAs and WTO Norms
		4 Procedural Aspects
			4.1 Absence of Co-complainants and Third-Parties in CETA and EUJEPA Proceedings
			4.2 Timeframes Under CETA and EUJEPA DSMs
			4.3 The Panel Selection Process
			4.4 The Absence of an Appeal Stage Under CETA and EUJEPA DSMs
			4.5 Administrative and Legal Support Provided by Secretariats
			4.6 Transparency and Openness of the Proceedings
			4.7 Implementation Stage
				4.7.1 Temporary Remedies in Case of Non-compliance
				4.7.2 `Sequencing´ and Compliance Post Retaliation Issues
		5 Conclusion
		References
	Part II: EU Trade Policy Facing Political Issues: The Rise of Asia, Globalization Critique, Values
	Exploring the Dynamic Nexus Between the European Union´s Trade and Foreign Policy Toward East Asia
		1 Introduction
		2 Important Trends in the EU´s Trade Policy
		3 The EU´s Trade Policy Toward Asia-State of Affairs: Fostering Bilateral FTAs with Asian Partners
		4 Dynamic Nexus Between EU´s Trade and Foreign Policy in Asia
			4.1 Political and Security Issues Underlying the EU´s Trade Policy Towards Asia
			4.2 Increasing Geopolitical and Strategic Considerations
		5 A Critical Analysis of the EU´s Trade and Foreign Policy Toward Asia
		6 Conclusion
		References
	EU Trade Policy in a Trade-Skeptic Context
		1 Introduction
		2 The Context
		3 Trade Policy Responses to Globalization Concerns
			3.1 Free Trade Agreements with Third Countries
				3.1.1 Making the Entering Into Force of an Agreement Conditional on Ratification and Application of a List of Conventions
				3.1.2 Making the TSD Chapters Subject to the Same Dispute Settlement as Other Parts of the Agreement
				3.1.3 Improvement in Monitoring
				3.1.4 Addressing the Negative Distributional Effects of Trade Within FTAs
				3.1.5 Including Cooperation on Corporate Taxation in FTAs
				3.1.6 Moving Towards More Sustainable FTAs
			3.2 The Generalized System of Preferences Regime
				3.2.1 There Is a Widespread Perception That the Monitoring Mechanisms Linked to GSP Market Access Need to Be Made More Robust ...
				3.2.2 Civil Society Considers That the Leverage of Preference Withdrawal Has Not Been Sufficiently Used
				3.2.3 Conclusion: Moving Towards a More Assertive Approach on Market Access and SD
			3.3 Trade Defence Instruments
		4 Conclusion
		References
	Non-Economic Values and Objectives in EU Trade Policy: Different Models of Externalization and Enforcement
		1 Introduction
		2 Theoretical Framework: Unilateral Regulatory Globalization, Bilateral Cooperative Regulation and Unilateral Coercion
		3 The Models of Externalisation of Non-Economic Objectives: Some Practical Examples
			3.1 Unilateral Regulatory Globalization
				3.1.1 EU Timber Regulation
				3.1.2 EU Conflict Minerals Regulation
				3.1.3 Indirect Enforcement in the Unilateral Regulatory Globalization Model
			3.2 Bilateral Regulatory Cooperation: Comprehensive Economic and Trade Agreement between Canada and the EU
			3.3 Unilateral Coercion: IUU Fishing and Sanctions
		4 Conclusions
		References
	Deepening Trade and Fundamental Rights? Harnessing Data Protection Rights in the Regulatory Cooperation Chapters of EU Trade A...
		1 Introduction
		2 The Interdependence of Data Protection, Regulatory Cooperation and Trade
			2.1 Cross-Border Data Flows and the Challenge to Data Protection
			2.2 Regulatory Cooperation to Overcome Divergences and Deepen Trade
			2.3 The Global Demands for Regulatory Convergence on Data
		3 The EU´s Response to Demands of Free Data Flows and Regulatory Cooperation
			3.1 The Exclusion of Data Protection from EU Trade Agreements
			3.2 The Inclusion of Regulatory Cooperation Chapters in EU Trade Agreements
			3.3 The Consideration of Data Protection in the Regulatory Cooperation Chapters of EU Trade Agreements
				3.3.1 Data Protection as a Potential Subject Matter of Regulatory Cooperation
				3.3.2 The Objectives of the Regulatory Cooperation Chapters
				3.3.3 The Expertise of the Actors of Regulatory Cooperation Bodies
		4 Reflections on the Way Forward: Harnessing Data Protection Rights in Regulatory Cooperation Chapters
		5 Conclusion
		References
	Part III: EU Trade Policy Addressing Protectionism: Trade Defence and Security Allegations
	The Devil Is in the Detail: A First Guide on the EU´s New Trade Defence Rules
		1 Introduction
		2 Historical Development
		3 The New Anti-dumping Methodology
			3.1 The Determination of Significant Distortions in the Exporting Country
			3.2 The Appropriate Benchmarks for Replacing Distorted Cost Factors
			3.3 The WTO Dimension
		4 The Main Features of TDI Modernization
			4.1 Improved Transparency and Predictability
			4.2 Fight Against Retaliation by Third Countries
			4.3 Improved Effectiveness and Enforcement
				4.3.1 Lesser Duty Rule
				4.3.2 Profit Target
				4.3.3 Additional Reasons for Interim Reviews
				4.3.4 Refined Test for Expiry Reviews
				4.3.5 Stricter Conditions for Accepting Undertakings
				4.3.6 Trade Unions and SMEs
				4.3.7 Shorter Deadline for Provisional Measures
			4.4 Optimising Review Practice
			4.5 Codification Issues
			4.6 Institutional Issues
		5 Conclusion
		References
	Are the EU´s Trade Defence Instruments WTO Compliant?
		1 Introduction
		2 The Anti-Dumping Instrument
			2.1 The Significant Distortions´ Method
				2.1.1 WTO Compatibility
			2.2 LDR Removal
				2.2.1 WTO Compatibility
		3 The Anti-Subsidy Instrument
			3.1 Duty Drawback
				3.1.1 WTO Compatibility
			3.2 Specificity
				3.2.1 WTO Compatibility
			3.3 Export Taxes
				3.3.1 WTO Compatibility
			3.4 Treating Loans as Grants
				3.4.1 WTO Compatibility
		4 The Safeguards Instrument
			4.1 WTO Compatibility
		5 Conclusions
		References
	Interpreting Essential Security Exceptions in WTO Law in View of Economic Security Interests
		1 Introduction: The New Life of Security Exceptions-Also for Economic Security?
		2 Jurisdiction of WTO Panels Over Security Exceptions
			2.1 The Panel´s Approach in DS512
			2.2 Justiciability of Security Exceptions and Economic Security
		3 Any Room for Expansive Interpretation of the Requirements of Article XXI lit. b) GATT?
			3.1 Expansive Interpretation of Exceptions: Also the Right Method for Article XXI GATT?
			3.2 Any Room Left for Expansive Conceptualisation of Article XXI GATT?
		4 Scope of Jurisdiction: Standard of Proof, Standard of Review
			4.1 The Panel´s Full Review of ``Emergency´´, and ``Plausibility Approach´´ to the Chapeau of Article XXI lit. b) GATT
			4.2 Which Standard of Review for Security Exceptions?
				4.2.1 The Chapeau of Article XXI lit. b) GATT
				4.2.2 The Subparagraphs of Article XXI lit. b) GATT
			4.3 Resulting Standard of Proof
			4.4 Conclusion
		5 Inherent Exterritorial Limitation to the Scope of Application of WTO Security Exceptions
		6 Conclusion
		References