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Chapter 11 brings together the insights gained in the analyses of the book and thus puts the EU’s recent turn towards a more assertive trade policy into broader perspective. It presents the results of the appraisal of the linkage between EU’s international and constitutional obligations. It also summarizes for the readers the key results from the book chapters and provides final answers to the research question. Thus, the chapter lists the instances in which the analysed instruments could conflict with EU’s international commitments and makes suggestions that would improve their chances of compliance, but it also mentions and praises the instruments that contribute to the credibility of the EU as an actor committed to international rule of law and multialteralism. Finally, this chapter describes potential further challenges of the EU trade policy change and its prospective application, which could also turn into opportunities and should be closely watched by the readers in the future, such as the evolution of new multilateral rules, the new complexity related to signing bilateral agreements, or issues related to the balance of powers among EU institutions.
Chapter 7 focuses on the enforcement of the FTA Trade and Sustainable Development (TSD) chapters and EU’s plan to strengthen it. It introduces the reader to the EU’s former cooperative approach and the long-lasting debate on the use of sanctions. It follows with an analysis of the newly found robustness of EU’s approach towards TSD enforcement, by assessing the recent EU–Korea FTA labour dispute and presenting the EU’s new TSD enforcement approach, which extends the coverage of general dispute settlement compliance stage to TSD chapters and adds the possibility to impose sanctions in case of certain TSD breaches. It continues with an analysis of the available tools in case of non-compliance even in case of an express FTA legal basis for sanctions. In particular, it explores whether the EU could make use of international customary rules enshrined in the ILC Draft Articles on State Responsibility, Vienna Convention on the Law of Treaties, or the ’Essential Elements’ Clauses from EU FTAs and Framework Agreements. Finally, the chapter presents other pertinent political considerations and evaluates the latest developments in strengthening the enforcement of EU’s FTA TSD chapters.
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