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This book analyses whether the recent reorientation of EU trade policy towards stronger enforcement and more robust representation of interests, resulting in a series of new or amended legislative tools, is in conformity with the EU's international commitments, particularly WTO, FTA, environmental, and general international law, and with its multilateralist stance and underlying constitutional obligations. The analysis is also set against the consequences that would flow from within the EU legal order, providing readers with a comprehensive view of the external and internal constraints on trade policy that the EU should respect, as well as the leeway it enjoys. In case of potential tensions, it submits changes that would better balance the EU's new ambitions and international obligations. Furthermore, the book looks beyond the possible legal repercussions to consider the broader political implications of these instruments on the credibility of the EU's commitment to multilateralism and international law.
At the heart of the multilateral trading system is the commitment to nondiscrimination, the most-favored-nation (MFN) principle, mandating that all nations participate on equal terms. Added to this are a series of obligations to limit government interventions in trade. To give assurance that the system will deliver what it promises, transparency is required, making clear to all the measures that affect trade. Reality diverges from the ideal.
The preceding chapters captured the activities of the WTO that generate headlines – the biennial meetings of trade ministers. Those events are graded by whether the ministers are able to reach agreement or fail to do so. There is much more to the WTO – much that is important but not well-known other than to officials from member countries. The chapter is designed to show what the WTO does on a regular basis, by putting the reader into WTO meetings, vicariously.
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