Full 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.
Contents
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
