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Law and Diplomacy in the Management of EU-Asia Trade and Investment Relations

Edited by: Chien-Huei Wu, Frank Gaenssmantel

ISBN13: 9781138617469
Published: December 2019
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £120.00

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This volume fills a gap in the literature regarding questions around the interactive dynamics between law and diplomacy on international trade and investment. It brings together lawyers and political scientists from Europe and Asia in an interdisciplinary effort at tracing the respective roles of law and diplomacy in the relations of the European Union (EU) with its trade and investment partners in Asia. Focusing on trade and investment relations with Asia, the EU presents a particularly interesting case as it has been a strong proponent of a rules-based international economic order for years and a frequent user of the formal procedures established in international treaties in case of disputes. At the same time, it has kept diplomatically active to adjust dispute management and international agreements to the needs and demands of the partners involved. Furthermore, not only is this region of crucial importance due to the presence of both vigorous emerging economies, like China, India and Vietnam, and more established partners, like Japan, EU-Asia relations also present a broad set of economic disputes and recent negotiation efforts analyzed in the contributions to this volume. This book will be of key interest to scholars and students of international trade/economic law, EU politics, EU external relations (law), international relations, diplomacy and more broadly to international relations and Asian studies.

International Trade
Introduction Chien-Huei Wu and Frank Gaenssmantel
Part I: Conceptual Discussion and Historical Evolution

1. Managing International Economic Relations through Diplomacy and Law: Towards a Framework for Understanding External Policies of the European Union Frank Gaenssmantel and Chien-Huei Wu
2. Judicial Diplomacy? The Role of the CJEU in EU-Asia Trade Disputes Andres Delgado Casteleiro
3. Law and Diplomacy in EU-China Trade Relations: A Historical Overview Jappe Eckhart
4. EU-Asia Investors-States Disputes: Assertive Legalism for Economic and Political Autonomy Leila Choukroune

Part II: Law and Diplomacy in the Management of Disputes and Disagreements
5. Embedding Diplomacy in Formal Procedures: How the European Commission Navigated the Solar Panel Dispute with China Frank Gaenssmantel
6. The China-EU Solar Panel Trade Dispute: Explaining Different Responses of the Member States Shaofeng Chen
7. Disciplining Export Restrictions through Negotiation and Litigation Chien-Huei Wu
8. The Limits of a Legal Approach in Resolving EU-China Trade Disputes on Non-Market Economy Status Ching-Wen Hsueh

Part III: Diplomacy and the Creation of Law
9. Preventing Divergences from Becoming Disputes: The Elusive EU-China Investment Negotiations Julien Chaisse, Qian Xu, Xueliang Ji
10. A Legal Approach for Trade Issues and a Diplomatic Approach for Non-Trade and Sustainability Issues? From the EUSFTA via the Singapore Opinion of the Court of Justice of the EU to the JEFTA Herman Voogsgeerd 11. More than Words? Labour Standards in the Future EU-India FTA Gerda van Roozendaal
12. New Trade Rule-Making regarding Sustainable Development in EU FTAs with Asian Countries Yumiko Nakanishi Conclusion Chien-Huei Wu and Frank Gaenssmantel