Full Description
The European Union is one of the most outward-oriented economies in the world, and free trade is one of its founding principles. As such, instruments intended to ensure that international trade is conducted on a level playing field have been part of the EU's policy toolbox since the beginning of European integration. Adapting to the current changes in international trade, these instruments have since undergone major reforms. This work provides an overview of the EU's legal framework on the use of its trade defence instruments, in particular measures under the Trade Barriers Regulation, the Basic Anti-Dumping Regulation and the Basic-Anti Subsidy Regulation. The book shares valuable insights into how EU institutions currently apply these instruments and places their application in the broader political context in which international trade takes place, which has been shaped e.g. by developments related to the United Kingdom's withdrawal from the EU and the ongoing blockade of the WTO Appellate Body.
Contents
1 The Foundations.- 1.1 Introduction.- 1.2 Defining the Notion of "Trade Defence Instruments".- 1.3 Historical Development.- 1.4 The Economic and Legal Rationale Underlying the Imposition of Trade Defence Measures.- 2 The Current Legal Framework Governing the EU's Trade Defence Instruments.- 2.1 Primary Law.- 2.2 International Economic Law.- 2.3 Secondary Law.- 3 Enforcement.- 3.1 Competences.- 3.2 Procedural Rights of the Parties to the Proceedings and Rule of Law Requirements.- 4 Judicial Review.- 4.1 Type of Proceedings.- 4.2 Jurisdiction.- 4.3 Standing under Article 263 TFEU.- 5 Perspectives and Current Developments.- 5.1 Reforms and Current Developments at the WTO Level.- 5.2 Reforms and Current Development at the EU Level.
