Edited by Jan Wouters, Full Professor of International Law and International Organizations, Jean Monnet Chair ad personam EU and Global Governance and Director, Institute for International Law and Leuven Centre for Global Governance Studies, KU Leuven, Axel Marx, Deputy Director, Leuven Centre for Global Governance Studies, KU Leuven, Dylan Geraets, Associate, Mayer Brown, Brussels and Associate Fellow, Leuven Centre for Global Governance Studies, KU Leuven, Belgium and Bregt Natens, Associate, Sidley Austin LLP, Brussels
The 'new generation' of EU trade policies aims to advance public goods - such as promoting sustainable development, protecting human rights and enhancing governance in third states. These developments raise important questions surrounding extraterritoriality, coherence and legitimacy. In Global Governance through Trade leading scholars provide a cohesive overview of relevant papers and case studies to answer these questions and provide an in-depth assessment of the European Union's new trade policies.
A 'new generation' of EU trade policies aims to advance public goods - such as promoting sustainable development, protecting human rights and enhancing governance in third states. The pursuit of these objectives raises important questions regarding coherence, effectiveness, legitimacy and extraterritoriality. In Global Governance through Trade leading scholars from different disciplines address these topical questions.
The book contains a comprehensive analysis of the concept of governing through trade and investigates how the EU ‘exports’ regulation through conditional market access regulation, bilateral trade agreements and unilateral trade policy. Several case studies complement the general analysis and provide an in-depth assessment of the European Union's new trade policies.
This multidisciplinary book will be an enlightening read for a wide-ranging audience encompassing academics, policymakers, policy analysts and students of, amongst others, trade law and policy, global governance, sustainable development, human rights and labor standards.
‘Wielded by major economic powers, linkages between trade and such issues as environmental protection and human rights have become a widely used and controversial policy instrument. This volume provides a comprehensive and authoritative analysis, across issue-areas, of the European Union’s deployment of trade to advance its normative goals.’ – Miles Kahler, Council on Foreign Relations
‘The EU treaties call for the EU to promote its core values internationally. Trade is one instrument to do so: linking preferential access to the large EU market to convergence towards EU or internationally agreed norms. The volume offers an insightful discussion of the scope for, and the effectiveness of, EU trade linkage strategies to influence the labour, environmental and human rights-related policies of selected trade partners. It advances the state of our knowledge on a controversial and important subject.’ – Bernard Hoekman, EUI and CEPR, Italy
Contributors: L. Bartels, L. Beke, N.A.J. Croquet, C. Damro, D. Geraets, N. Hachez, M. Koekkoek, J. Larik, R. Leal-Arcas, A. Marx, P.C. Mavroidis, B. Natens, C. Ryngaert, J. Soares, G. van Calster, C.M. Wilmarth, J. Wouters, J. Yap
1. Global Governance Through Trade: An Introduction Axel Marx, Bregt Natens, Dylan Geraets and Jan Wouters
PART I DEFINING GOVERNANCE THROUGH TRADE 2. Market Power Europe and New EU Trade Policies Chad Damro
3. Good Global Governance through Trade: Constitutional Moorings Joris Larik
PART II ‘EXPORTING’ SOCIAL AND ENVIRONMENTAL COMPLIANCE THROUGH BILATERAL CONDITIONAL MARKET ACCESS 4. Human Rights and Sustainable Development Obligations in EU Free Trade Agreements Lorand Bartels
5. Strengthening Sustainable Development through Regional Trade Agreements Rafael Leal-Arcas and Catherine M. Wilmarth
6. The Climate Change Norms under the EU-Korea Free Trade Agreement: Between Soft and Hard Law Nicolas A.J. Croquet
7. Does Integrating Labour Provisions in Free Trade Agreements Make a Difference? An Exploratory Analysis of Freedom of Association and Collective Bargaining Rights in 13 EU Trade Partners Axel Marx and Jadir Soares
PART III ‘EXPORTING’ SOCIAL AND ENVIRONMENTAL COMPLIANCE THROUGH UNILATERAL CONDITIONAL MARKET ACCESS 8. The EU GSP: A Preference for Human Rights and Good Governance? The Case of Myanmar Laura Beke and Nicolas Hachez
9. One Step Forward: The European Union Generalised System of Preferences and Labor Rights in the Garment Industry in Bangladesh James Yap
10. Extraterritorial Regulation of Natural Resources: A Functional Approach Cedric Ryngaert and Marieke Koekkoek
11. Governing Through Trade in Compliance with WTO Law – A Case Study of the European Union Timber Regulation Dylan Geraets and Bregt Natens
12. Reaching Out for Green Policies - National Environmental Policies in the WTO Legal Order Petros C. Mavroidis
13. Just Sue the Bastards? An Assessment of the Alternative to Negative Harmonisation of Regulatory Priorities Geert van Calster
14. Conclusion Jan Wouters, Axel Marx, Dylan Geraets and Bregt Natens