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The EU and the WTO: Ever the Twain Shall Meet - Liber Amicorum Marco Bronckers

Edited by: Freya Baetens, Stefaan Van den Bogaert

ISBN13: 9789403548760
Published: April 2023
Publisher: Kluwer Law International
Country of Publication: Netherlands
Format: Hardback
Price: £105.00



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The EU and the WTO: Ever the Twain Shall Meet is a book that analyses the European Union (EU) and the World Trade Organization (WTO) as ever more important players on the international legal scene, as well as points of reference for the development and functioning of similar institutions elsewhere. Both institutions initially had a relatively small trade-focused mandate, which has been significantly expanded over the past decades so that there are few legal issues today that are not, in some way, affected by EU or, perhaps to a lesser extent, WTO law. Today, the EU and the WTO interact on a global scale as rule-makers and – enforcers, with repercussions for the entire world’s population. Nevertheless, they are currently experiencing a backlash. Both institutions are likely to undergo major reform in the next years: the book scrutinizes current proposals and makes an educated attempt at predicting upcoming changes in the EU and the WTO format.

What’s in this book:

Consequently, the book takes a macro-approach looking at the EU and the WTO in a broader context as well as a micro-approach assessing specific high-profile issues, including the following:

  • the EU, the WTO and Brexit
  • environmental sustainability in EU competition law and free trade agreements
  • the EU’s proposed Carbon Border Adjustment Mechanism (CBAM)
  • WTO safeguards and rules of origin in services
  • reform of WTO dispute settlement procedures and the Appellate Body
  • the WTO, the EU Green Deal and renewable energy investment
  • EU external relations with Mercosur, the EEA and Switzerland
  • EU human rights law and the freedom of artistic expression, and
  • international trade law’s contribution to combatting pandemics

How this will help you:

Contributors to the book are experts active in legal academia, international legal practice, or both, who wish to honour Marco Bronckers, upon his retirement from the Chair of WTO and EU Law at the University of Leiden. A variety of audiences stands to benefit from the book’s discussion and proposed solutions: legal practitioners, scholars and students of international and European law; as well as related disciplines, such as political science and economic theory.

Subjects:
International Trade
Contents:
Preface

PART I. The European Union
CHAPTER 1 Next Generation EU: Bridge over Troubled Water
Stefaan Van den Bogaert & Frederik Behre
CHAPTER 2 Articulating Environmental Sustainability in EU Competition Law: The ‘Sustainable’ Consumer Welfare Test
Yves Van Gerven & Anne Vallery
CHAPTER 3 From ‘Muted Dialogue’ to ‘Shouting Matches’: The Role of the Court of Justice in Post-Brexit Relations
Joris Larik
CHAPTER 4 Trade and Sustainable Development Chapters in EU Free Trade Agreements: Just Best Efforts?
Jacques Bourgeois
CHAPTER 5 Can Paris Strike Back? On the Paris Agreement’s Inability to Cope with Unilateral Trade-Related Carbon Measures Such as the European Commission’s CBAM-Proposal
Reinhard Quick & Isha Das
CHAPTER 6 A Few Thoughts on the Future Structure of the European Union
Richard H. Lauwaars

PART II. The World Trade Organization
CHAPTER 7 Reassessing the Safeguards Mess
Bernard M. Hoekman & Petros C. Mavroidis
CHAPTER 8 Injecting Valuable Flexibility into the WTO’s De Facto Precedent System
Richard Jiang
CHAPTER 9 A New Approach to Rules of Origin in Services in the Era of Servicification: The Operationalization of the ‘Substantial Input Test’
Daniela Gómez Altamirano
CHAPTER 10 WTO Law’s Balance Between Trade and Global Climate and Environmental Interests: The Case of the European Union and Some Aspects of Its Green Deal
Ben Smulders
CHAPTER 11 The Unsung Feet of Steel: Of Internal Markets, Regional Integration and (Un)fair Trade
Armin Cuyvers & Tom Ottervanger
CHAPTER 12 Is There a Future for the WTO Appellate Body and WTO Dispute Settlement?
Peter Van den Bossche

PART III. Interaction Between Legal Systems
CHAPTER 13 EU-, EEA- or WTO-Style Dispute Resolution in the EU-Swiss Relations?
Christa Tobler
CHAPTER 14 Is There an EFTA Legal Culture?
Carl Baudenbacher
CHAPTER 15 The EU-Mercosur FTA and the Protection of the Environment: True Ambition or Just Enough to Get It Ratified?
Giovanni Gruni
CHAPTER 16 Prochain Arrêt: Arts-Loi – European Human Rights Law and the Protection of the Freedom of Artistic Expression
Mielle Bulterman & Rick Lawson
CHAPTER 17 The Right to Regulate and Investor-State Dispute Settlement: Renewable Energy and the Fair and Equitable Treatment Standard
Rob Howse & Sarah Levin
CHAPTER 18 The (Private) Legal Person in Public International Law: More Than a Question of Legal Subjectivity
Christian Tietje
CHAPTER 19 Assistance from an Unexpected Corner?: International Trade Law’s Contribution to Combatting Pandemics
Freya Baetens & James Crawford

Index