Law and Practice of the Common Commercial Policy

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