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Vol 25 No 2 Feb/March 2020

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The Conclusion and Implementation of EU Free Trade Agreements: Constitutional Challenges

Edited by: Isabelle Bosse-Platiere, Cecile Rapoport

ISBN13: 9781788974790
Published: December 2019
Publisher: Edward Elgar Publishing Subs
Country of Publication: UK
Format: Hardback
Price: £100.00

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In recent years, the EU has negotiated a number of so-called `New Generation' Free Trade Agreements (FTAs) with a significant number of emerging and industrialised partners, such as Canada, Singapore, Japan, Vietnam and others. This timely book gives an overview of the main legal issues the EU faces in negotiating, concluding and implementing these FTAs. Featuring contributions by international specialists on EU external action, this book demonstrates why these FTAs have become challenging for the EU, as well as analysing how the EU has dealt with its institutional constraints in order to remain a major international trade actor. Chapters first examine questions around EU competences and democratic issues raised by these agreements, before dealing with their implementation and enforcement, approaching these topics specifically from an EU law perspective. Drawing on a broader research project conducted by the well-regarded LAwTTIP network, this invaluable book addresses contemporary debates and future challenges for EU institutions and member States. Scholars and advanced students of international economic relations and international and European economic law, particularly those with an interest in EU external action, will find this book essential reading. It will also prove useful to those working in EU institutions and WTO administration.

International Trade
1. Negotiating and implementing EU free trade agreements in an uncertain environment - Isabelle Bosse-Platiere, Cecile Rapoport
Part I: The conclusion of EU free trade agreements
2. The opinion on the free trade agreement with Singapore and its aftermath: some personal reflections - Fernando Castillo De La Torre 3. Mixity in the EU's post-Lisbon free trade agreements - Merijn Chamon 4. Autonomy and EU competences in the context of free trade and investment agreements - Eleftheria Neframi, Mauro Gatti 5. Like a bridge over troubled water: the 2/15 opinion through the lens of EU loyalty - Federico Casolari 6. EU law and diplomacy regarding negotiations during Brexit and in the transition period: the case of UK/North America trade - Nanette Neuwahl 7. The role of national parliaments in the negotiation and conclusion of EU free trade agreements - Carlo Tovo 8. The European parliament and the transatlantic trade and investment partnership - Josiane Auvret-Finck 9. The role of the European citizens' initiative in the negotiation and implementation of FTAs - Louis-Marie Chauvel
Part II: The implementation of EU free trade agreements
10. The provisional application of the EU's mixed trade and investment agreements - Andrei Suse, Jan Wouters 11. The joint committees established by free trade agreements and their impact on EU law - Emmanuel Castellarin 12. Joint organs in EU free trade agreements as a threat to democracy - Wolfgang Weiss 13. The internationalization of the judicial control of the EU free trade agreements: when better is the enemy of good - Jean-Felix Delile 14. Settlement of disputes in new EU free trade agreements: `democratizing' international adjudication? - Arnaud de Nanteuil 15. An International Court System for a transformative Europe? - Giorgia Sangiuolo