Law and Practice of the Common Commercial Policy

The first 10 years after the Treaty of Lisbon

Series: 

Volume Editors:
Michael Hahn
and
Guillaume Van der Loo
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.
Copyright Year:
2021
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ISBN:
978-90-04-39341-7
Publication:
15 Dec 2020
Hardback
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Published
ISBN:
978-90-04-39340-0
Publication:
17 Dec 2020
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Front Matter
Copyright
Acknowledgements
Forewords
Abbreviations
Notes on Contributors
Introduction
Part 1 The Scope of the CCP
Chapter 1 Mixity and the Common Commercial Policy after Opinion 2/15
Chapter 2 Defining the Scope of the Common Commercial Policy
Part 2 The EU’s Investment Policies
Chapter 3 The First 10 Years of the European Union’s Policy on Investment Dispute Settlement
Chapter 4 Opinion 1/17
Chapter 5 Never Get High on Your Own Supply – ‘Autonomy of the EU Legal Order’ and Effective Treaty-Based Dispute Settlement Mechanisms
Chapter 6 Investment Screening – a New Era of European Protectionism?
Part 3 The Scope of the EU’s Free Trade Agreements
Chapter 7 Trade and Sustainable Development Post-Lisbon
Chapter 8 Technical Barriers to Trade in the New Generation of EU Trade Agreements
Chapter 9 Public Procurement in EU FTAs
Chapter 10 Prudential Carve-outs for Financial Services in EU FTAs
Chapter 11 The Evolution of the EU Digital Trade Policy
Part 4 Trade Defence
Chapter 12 The EU’s Anti-Subsidy Practice during the Last Decade
Chapter 13 The Devil is in the Detail – a First Guide on the EU’s New Trade Defence Rules
Chapter 14 The EU’s Amended Basic Anti-dumping Regulation – a Practitioner’s View
Part 5 The Nexus between the CCP and Other EU External Policies
Chapter 15 Tightening the EU’s Trade-Development Nexus
Chapter 16 The Nexus between the CCP and the CFSP
Chapter 17 The Nexus between the Common Commercial Policy and Human Rights
Chapter 18 The European Union and the Multilateral Trade Regime
Part 6 The Institutional and Procedural Dimension of the CCP
Chapter 19 The Legitimacy of ‘EU-Only’ Preferential Trade Agreements
Chapter 20 EU Trade Policy after Opinion 2/15
Chapter 21 The Integration of EU Trade Defence in the Horizontal Comitology Regime
Chapter 22 The Role of the Member States in the CCP
Chapter 23 The Council, the Common Commercial Policy and the Institutional Balance
Chapter 24 The Role of the European Parliament in the Shaping of the Common Commercial Policy
Chapter 25 Provisional Application of EU Free Trade Agreements
Back Matter
Index
Studies in EU External Relations
Michael Hahn is Professor of European and International Economic Law at the University of Bern and its World Trade Institute as well as an Honorary Professor at the University of Waikato School of Law. He teaches, researches and consults on international trade law, Swiss-EU bilateral relations and EU external relations law.

Guillaume Van der Loo, Ph.D. (Ghent University, 2014), is a research fellow at the European Policy Centre (Brussels) and Egmont – the Royal Institute for International Relations (Belgium) and is Visiting Professor EU Trade Law at Ghent University. He was previously a postdoctoral researcher at the Centre for European Policy Studies and the Leuven Centre for Global Governance Studies. His research focuses on the law and policy of EU external relations. He also consults on EU trade law and policy.
Forewords by Sabine Weyand (Director-General for Trade, European Commission) and Bernd Lange (Chair of the Committee on International Trade, European Parliament)
Acknowledgements
List of Illustrations
List of Abbreviations
Notes on Contributors

Introduction
 10 Years Common Commercial Policy Since the Treaty of Lisbon
  Michael Hahn and Guillaume Van der Loo

PART 1
The Scope of the CCP

1 Mixity and the Common Commercial Policy after Opinion 2/15
 An Overview
  Allan Rosas

2 Defining the Scope of the Common Commercial Policy
  Marise Cremona

PART 2
The EU’s Investment Policies

3 The First 10 Years of the European Union’s Policy on Investment Dispute Settlement
 From Initial Reforms to the Multilateral Investment Court
  Colin M. Brown

4 Opinion 1/17
 Legitimising the EU’s Investment Court System but Raising the Bar for Compliance with EU law
  Guillaume Van der Loo

5 Never Get High on your Own Supply – ‘Autonomy of the EU Legal Order’ and Effective Treaty-Based Dispute Settlement Mechanisms
  Michael Hahn

6 Investment Screening – a New Era of European Protectionism?
  Marc Bungenberg and Fabian Blandfort

PART 3
The Scope of the EU’s Free Trade Agreements

7 Trade and Sustainable Development Post-Lisbon
  Barbara Cooreman and Geert Van Calster

8 Technical Barriers to Trade in the New Generation of EU Trade Agreements
  Isabelle Van Damme

9 Public Procurement in EU FTAs
  Stephen Woolcock

10 Prudential Carve-outs for Financial Services in EU FTAs
  Bregt Natens and Claus D. Zimmermann

11 The Evolution of the EU Digital Trade Policy
  Pierre Sauvé and Marta Soprana

PART 4
Trade Defence

12 The EU’s Anti-Subsidy Practice During the Last Decade
 Increasingly Aggressive Application
  Edwin Vermulst and Juhi Dion Sud

13 The Devil is in the Detail – a First Guide on the EU’s New Trade Defence Rules
  Frank Hoffmeister

14 The EU’s Amended Basic Anti-dumping Regulation – a Practitioner’s View
  Philippe De Baere

PART 5
The Nexus between the CCP and Other EU External Policies

15 Tightening the EU’s Trade-Development Nexus
 A Strategic Turn in Search for Enhanced Effectiveness
  Sieglinde Gstöhl

16 The Nexus between the CCP and the CFSP
  Tamara Perišin and Sam Koplewicz

17 The Nexus between the Common Commercial Policy and Human Rights
 Implications of the Lisbon Treaty
  Peter Van Elsuwege

18 The European Union and the Multilateral Trade Regime
 Reciprocal Influences
  Pieter Jan Kuijper and Geraldo Vidigal

PART 6
The Institutional and Procedural Dimension of the CCP

19 The Legitimacy of ‘EU-only’ Preferential Trade Agreements
  David Kleimann

20 EU Trade Policy after Opinion 2/15
 Internal and External Threats to Broad and Comprehensive Free Trade Agreements
  Reinhard Quick and Attila Gerhäuser

21 The Integration of EU Trade Defence in the Horizontal Comitology Regime
  Jacques Bourgeois and Merijn Chamon

22 The Role of the Member States in the CCP
  Sophie Gappa and Martin Lutz

23 The Council, the Common Commercial Policy and the Institutional Balance
 Recent Developments
  Bart Driessen

24 The Role of the European Parliament in the Shaping of the Common Commercial Policy
 Andrej Auersperger Matic

25 Provisional Application of EU Free Trade Agreements
 Joni Heliskoski

Index

This book is essential reading for trade practitioners, members of the civil service of the EU institutions and of ministries in charge of dealing with the EU, as well as for academics and students working on EU trade law and EU external relations.
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