Law and Practice of the Common Commercial Policy
The first 10 years after the Treaty of Lisbon
Published on 17. December 2020
Book
Hardback
660 pages
978-90-04-39340-0 (ISBN)
Description
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.
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.
More details
Series
Edition
xxxvi, 622pp.
Language
English
Place of publication
Netherlands
Publishing group
Brill
Target group
Professional and scholarly
Product notice
sewn/stitched
Cloth over boards
Dimensions
Height: 239 mm
Width: 157 mm
Thickness: 41 mm
Weight
1043 gr
ISBN-13
978-90-04-39340-0 (9789004393400)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Persons
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.
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.
Content
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 Sauve 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 Gstoehl
16?The Nexus between the CCP and the CFSP
??Tamara Perisin 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 Gerhaeuser
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
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 Sauve 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 Gstoehl
16?The Nexus between the CCP and the CFSP
??Tamara Perisin 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 Gerhaeuser
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