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The Conclusion and Implementation of EU Free Trade Agreements

Constitutional Challenges Edited by Isabelle Bosse-Platière and Cécile Rapoport, Université de Rennes 1, France
This timely book gives an overview of the main legal issues the EU faces in negotiating, concluding and implementing so-called ‘New Generation’ Free Trade Agreements. 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, and addresses contemporary debates and future challenges for EU institutions and Member States.
Extent: c 304 pp
Hardback Price: $145.00 Web: $130.50
Publication Date: December 2019
ISBN: 978 1 78897 479 0
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  • Law - Academic
  • European Law
  • International Economic Law, Trade Law
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 industrialized 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.
‘This publication, edited by Professor Isabelle Bosse-Platière and Professor Cécile Rapoport, is the first of a series of three volumes being prepared within the LawTTIP Jean Monnet Network of the University of Bologna, King’s College, London and the University of Rennes I. It could not come at a more timely moment. In recent years, and notwithstanding the suspension of the negotiations on the bilateral trade and investment agreement between the EU and the US, a particularly complex labyrinth of bilateral Free Trade Agreements has been established with a variety of important partners of the EU in the world. While this unprecedented development, no doubt, is a demonstration of the dynamic character of the EU’s external trade policy, it also gives rise to important constitutional and even existential questions. For the first time, a comprehensive legal analysis of this recent practice is now being made available, and every practitioner and scholar in EU external relations will benefit enormously from the immense in-depth research which has been undertaken.’
– Marc Maresceau, Ghent University, Belgium
Contributors include: J. Auvret-Finck, I. Bosse-Platière, F. Casolari, E. Castellarin, F. Castillo De La Torre, A. de Nanteuil, M. Chamon, L.-M. Chauvel, J.F. Delile, M. Gatti, E. Neframi, N. Neuwahl, C. Rapoport, G. Sangiuolo, A. Suse, C. Tovo, W. Weiß, J. Wouters



Contents:

List of contributors

Foreword
Lucia Serena Rossi

Preface and Acknowledgements
1. Negotiating and implementing EU free trade agreements in an uncertain environment
Isabelle Bosse-Platière, Cécile 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-Félix 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

Index