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Full Description
The European Union ('EU') is promoting a suite of innovations in international economic regulation—among them, reforms for secure and sustainable investment, a comprehensive approach to the mutual recognition of professional qualifications, a viable carbon border adjustment mechanism, heightened intellectual property rights protection, the arm's length principle in taxation, and an increased commitment to non-economic vales. Through a critical analysis of key regulations and policies, this volume explores the evolving architectures of international economic agreements in light of EU practice. A comprehensive analysis indicates that novelties are rooted in geoeconomic considerations, through which a fundamental shift is underway towards the adoption of comprehensive bilateral trade agreements. Whilst innovation has the potential to significantly harmonise cross-border regulatory frameworks, it can also trigger significant fractures, particularly when applied restrictively and asymmetrically. Arguably, the 'Brussels effect' will to a certain extent foster a progressive development of international economic regulation, while in some respects being constrained by the status quo of the international economic regime.
This volume is part of the Jean Monnet project Third Country Engagement with EU Trade Policy led by the ANU Centre for European Studies at the Australian National University, and supported by the European Commission under the Erasmus+ actions. The project seeks to explore and improve understanding of the EU's evolving trade policy and its implications for third countries, including Australia and countries in the Asia-Pacific region.
Contents
Preface
Introduction
List of Abbreviations
About the Editors and Contributors
Part I. Politics and culture
Chapter 1. Culture in External Relations: The EU and Its International Economic Agreements (Katarzyna Kwapisz Williams)
Chapter 2. Beyond Trade - The Politics of Trade Agreements and Interstate Competition: Geoeconomics as a Basis for EU and US Preferential Trade Agreements (Maria Garcia)
Chapter 3. Geopolitics, Geo-Economics and the EU Trade Policy: The Relationship with ASEAN as a Test Case (Yeo Lay Hwee)
Part II. Investment and trade
Chapter 4. From Investment Protection to Sustainability (via a Multilateral Investment Court): The EU and a New Universal Model for IIAs? (Ottavio Quirico)
Chapter 5. New Wine in Old Wineskins? Climate Cases and the Energy Charter Treaty (Yulia Levashova)
Chapter 6. Unsustainable Investment: Scoping Expropriation without Compensation (Pascale Accaoui Lorfing)
Chapter 7. Screening Foreign Direct Investment in Europe: Having a Tiger by the Tail? (Ivana Damjanovic and Nicolas De Sadeleer)
Chapter 8. Trade in Services and Mutual Recognition of Professional Qualifications in the EU and International Systems: Multilateralism à la Carte? (Jonathan Boscarato)
Chapter 9. The EU Carbon Border Adjustment Mechanism: Customary International Law? (Joshua Woodyatt and Ottavio Quirico)
Chapter 10. The EU-US Transatlantic Trade and Technology Council: Shifting Multilateralism through Bilateralism and Institutions? (Elaine Fahey)
Part III. Foundational rights and procedures
Chapter 11. TRIPS+: IP Privileges for Pharmaceuticals and Agricultural Chemicals: EU and US treaties (Hazel V.J. Moir)
Chapter 12. Compulsory Licences during the Covid-19 Pandemic: A European and International Perspective (Enrico Bonadio and Magali Contardi)
Chapter 13. The 'Crowd-out Effect' of GI provisions in EU FTAs: Cheeses Exported to South Korea (Wenting Cheng)
Chapter 14. The Evolutionary Process of Tax Treaties and its Interplay with EU Law: A Critical Analysis (Saurabh Jain and Maria Eleni Pouliasi)
Chapter 15. Data Flow v Data Protection: Achieving Cross-Broder Harmonisation via EU Horizontal Clauses? (Ottavio Quirico)
Chapter 16. Non-Economic Conditionality for Comprehensive EU International Economic Agreements? (Pablo Cristóbal Jiménez Lobeira and Ottavio Quirico)
Chapter 17. The Singapore Convention on Mediation: National Implementation Practices and EU Prospects (Sascha Ferz and Tetiana Tsuvina)
Conclusion
Index
