How Exclusive A Competence Is The Common Commercial Policy

Law and Practice of the Common Commercial Policy provides a comprehensive analysis of the salient features of the European Union’s trade law and policy since the Treaty of Lisbon: legislation, case law, treaty making and institutional practice.

Bachelor Thesis from the year 2012 in the subject Cultural Studies - European Studies, grade: 1,4, Maastricht University, language: English, abstract: This paper examines to what extent the EU member states (MS) were able to influence the EU’s role during the trade negotiations with South Africa and, thus, objected the exclusivity of the European Commission in the respective policy domain stipulated by Art. G(113(3)) TEU . The powerful position of the EU within the context of the TDCA negotiations presents a good opportunity to investigate the impact of the MS during this process. Hence, the first chapter outlines the concept of actorness coined by Jupille and Caporaso (1998) which serves as the analytical framework for this paper. The authors defined four aspects of the capacity of the Union to act which are applied to the EU in the field of study: recognition, authority, autonomy and cohesion. The second chapter presents a thorough analysis of the EU’s capacity to act on the bilateral level of trade negotiations, in particular the TDCA with South Africa. Here, special focus is placed on the involvement of the MS to evaluate the extent to which the Common Commercial Policy is dealt with by EU institutions exclusively. Lastly, the conclusion summarizes the findings allowing an assessment of the extent to which the legally prescribed sole decision power in the EU’s trade policy was in fact apparent in the process of negotiating the TDCA.

Cover -- Half Title -- Dedication -- Title Page -- Copyright Page -- Table of Contents -- List of Figures and Tables -- Preface and Acknowledgements -- List of Abbreviations -- 1 Introduction -- 2 The Common Commercial Policy: Development and Operation -- 3 Theoretical Approaches to the Study of European Integration -- 4 Explaining Policy Processes and Policy Outcomes: an Institutionalist Framework for Analysis -- 5 Theorizing ECJ Decisions: the Legitimacy of External Economic Relations -- 6 Amsterdam - Theory and Empirics in IGCs -- 7 Theorizing International Bargains: the Seattle Ministerial Conference -- 8 Conclusion -- Bibliography -- Index

Bachelor Thesis from the year 2012 in the subject Cultural Studies - European Studies, grade: 1,4, Maastricht University, language: English, abstract: This paper examines to what extent the EU member states (MS) were able to influence the EU's role during the trade negotiations with South Africa and, thus, objected the exclusivity of the European Commission in the respective policy domain stipulated by Art. G(113(3)) TEU . The powerful position of the EU within the context of the TDCA negotiations presents a good opportunity to investigate the impact of the MS during this process. Hence, the first chapter outlines the concept of actorness coined by Jupille and Caporaso (1998) which serves as the analytical framework for this paper. The authors defined four aspects of the capacity of the Union to act which are applied to the EU in the field of study: recognition, authority, autonomy and cohesion. The second chapter presents a thorough analysis of the EU's capacity to act on the bilateral level of trade negotiations, in particular the TDCA with South Africa. Here, special focus is placed on the involvement of the MS to evaluate the extent to which the Common Commercial Policy is dealt with by EU institutions exclusively. Lastly, the conclusion summarizes the findings allowing an assessment of the extent to which the legally prescribed sole decision power in the EU's trade policy was in fact apparent in the process of negotiating the TDCA.

Since the beginning of the process of European integration the EU Common Commercial Policy (CCP) has been one of the most dynamic political fields. The EU has achieved a leading role among the economic superpowers and is regarded as a single economic area in which the EU speaks also on behalf of its Member States for most aspects of external economic politics. This volume analyzes the implications of the Treaty of Lisbon for the Common Commercial Policy of the EU. The Lisbon Treaty has declared all matters concerning external commercial policy as exclusive competences of the EU. Which consequences does this have for the Member States of the EU? With regard to institutional modifications, the Lisbon Treaty has significantly strengthened the role of the European Parliament and has substantially changed the role of the ‘High Representative of the Union for Foreign Affairs and Security Policy’ (HR). Further topics of this volume are the new normative framework of the CCP, inter alia the linkage of the CCP to the general objectives for the EU’s external actions and its dependence on secondary legislation, as well as investment policy now being part of the CCP.

Présentation de l'éditeur : "Law and Practice of the Common Commercial Policy provides a critical analysis of the European Union (EU)'s trade law and policy since the Treaty of Lisbon. In particular, it analyses the salient changes brought by the Treaty of Lisbon to the Common Commercial Policy (CCP), focussing on the relevant case law of the Court of Justice of the European Union (ECJ), EU free trade agreements, investment protection, trade defence, institutional developments and the nexus between the CCP and other EU policies. The volume brings together a group of distinguished authors, including former and current members of the ECJ, practitioners, officials from EU institutions and Member States and leading scholars in the area of EU trade and external relations law."

A collection of essays that surveys the development and structure of the European Union's constitutional regime for foreign affairs.

This comprehensive book provides a thorough analytical overview of the European Union’s existing law and policy in the field of international trade. Considering the history and context of the law’s evolution, it offers an adept examination of its common commercial policy competence through the years, starting with the Treaty of Rome up until the Treaty of Lisbon, as a background for understanding the EU’s present role in the World Trade Organization (WTO) framework.

Based on original research, and bringing together expert contributors, this book provides a critical analysis of the current law and policy between the EU and China, both internally and internationally. Covering key topics on the subject, this book draws together diverse perspectives into a single collection, and is an invaluable tool for both scholars and practitioners of trade and investment law, as well as human rights and environmental law and policy.

Diploma Thesis from the year 2008 in the subject Law - European and International Law, Intellectual Properties, grade: Sehr Gut (Very Good), 1, University of Vienna (Institut für Europarecht, Internationales Recht und Rechtsvergleichung), course: Diploma-Seminar in European Union Law, language: English, abstract: The scope of the new Common Commercial Policy covers competence to conclude general obligations on the liberalization of capital transfer with relation to FDI and establishment. It is not limited to the market access phase. However, provisions concerning portfolio investment and minority participations in enterprises are not covered. It remains uncertain whether the new wording enables the EU to include policies to protect against expropriation and dispute-settlement clauses in its agreements. Although the Reform Treaty confers considerable competences to the EU, major parts of common Bilateral Investment Treaties do not fall within the scope of the new CCP. Hence, the Member States may continue to conclude their own specific agreements while the EU obtains more flexibility in negotiations and strengthens its position on the international scene. Additionally, the Lisbon Treaty slightly strengthens the power of the European Parliament.