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.

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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.