Introduction In this chapter we present an inventory and typology of ASEAN's external agreeme... more Introduction In this chapter we present an inventory and typology of ASEAN's external agreements, which will then form the basis of our analysis of ASEAN treaty-making practice in the following chapters. Our analysis is based on the inventories and tables which are included in the appendices and is founded on the type of instrument used and their legal quality, the parties to the instruments, and their content. A few initial comments on each of these are in order. First, as to the type of instrument, we have included in our dataset not only legally binding international agreements (such as treaties) but also other instruments: memoranda of understanding (MoUs), action plans and declarations concluded between, or issued jointly by, ASEAN on the one side and a third state, group of states or international organisation on the other. Thus we exclude unilateral ASEAN instruments. The instruments vary widely in terms of length and significance, as well as legal quality. Our classification is based on the indicators of legal quality developed by Davinia Aziz for the purpose of analysing the typology of internal ASEAN instruments. Since a large number of ASEAN external instruments fall into the category of non-legally binding (102 out of a total of 175 instruments) inclusion of the latter will present a fuller picture of ASEAN external relations, will put the binding agreements into their broader institutional context, and will allow us to make an assessment as to whether legally binding commitments are preferred for different subject matters or for relations with different parties, and whether that choice alters over time. An analysis of the legal quality of ASEAN external instruments is presented in section 2 below. Second, we have categorised the instruments in terms of content. We distinguish between (i) political and security, (ii) economic, (iii) social and cultural and (iv) partnership and co-operation instruments.
This study seeks to enhance the understanding of ASEAN's external preferential trade agreements (... more This study seeks to enhance the understanding of ASEAN's external preferential trade agreements (PTA) in context of the recent growth of economic regionalism in East Asia. First, the paper compares the content of ASEAN's five plurilateral PTAs with China, Korea, Japan, India, Australia, and New Zealand with the status quo of ASEAN's internal economic integration. In a second step, the paper compares ASEAN's plurilateral agreements and ASEAN's internal integration with the content of six bilateral PTAs that individual ASEAN member states have concluded with Japan. The empirical findings demonstrate that the ambition of ASEAN's five plurilateral agreements finds its upper limits in the substantive content of ASEAN's internal economic integration. Within these limits, the coverage and depth of commitments varies considerably in correlation with the intensity of trade between ASEAN and the respective external partner. Moreover, the comparison shows that bilateral PTAs between six individual ASEAN member states and Japan go significantly beyond the status quo of ASEAN's internal integration and exceed the coverage and depth of ASEAN's external plurilateral PTAs. The author contends that the coverage and depth of ASEAN member states' plurilateral PTAs is limited by the structural heterogeneity of the signatories and, as a result, a relatively high diversity of policy preferences. Bilateral PTAs between ASEAN member states and the same external partners result in deeper commitments than the plurilateral accords, because of both a higher common denominator among the parties to the agreements and the free-rider problem that persists in plurilateral negotiation settings. Moreover, it is argued that the coverage and depth of the agreements is a function of the intensity of trade among the parties: high trade intensity results in deeper and more comprehensive agreements that tackle 21st century trade issues, whereas low trade intensity results in shallow agreements that aim to reduce first-generation trade barriers. These hypotheses, which are fully verified by the empirical findings of this study, allow for important conclusions about the role of ASEAN member states-collectively and individually-in current and future economic integration initiatives such as ASEAN+6, the TPP, or EU-ASEAN PTA negotiations.
The 'Wallonian Saga' associated with the threat on behalf of the Wallonian regional government to... more The 'Wallonian Saga' associated with the threat on behalf of the Wallonian regional government to block the signature of the Comprehensive Economic and Trade Agreement (CETA) in October 2016 has illustrated a number of structural weaknesses of the European Union as an external treaty-maker in the field of EU Common Commercial Policy. These weaknesses concern issues of both democratic representation and the effectiveness of EU multilevel governance. The legal question of competence that determines the Union's power to conclude external commercial treaties by itself or, in the alternative, jointly with the Member States has now been clarified by the CJEU in Opinion 2/15. Against this backdrop, this article examines and discusses the constitutional fundamentals of EU economic treaty-making. The article provides an explanatory account of the division and nature of treaty-making competences in the EU; outlines the distinct modalities and procedures that the conclusion of international treaties as 'EU-only' or 'mixed' require respectively; discusses the law and practice of the provisional application of international economic treaties by the EU; reviews legal avenues that enable the entry into force of a mixed agreement despite its rejection by an individual Member State; and gives an overview of the relevant CJEU case law and the Court's conclusions in Opinion 2/15. Normatively, we argue in favour of adjusting the scope of future EU trade and investment agreements to the realm of EU exclusive competences in order to remedy the functional deficiencies of EU treaty-making that were exposed in the 'CETA-drama'. At the same time, we emphasize the need forand outline a path towardsa qualitative change in EU and Member State institutional practice that fully employs the channels of vertical political participation in the Union's multilevel governance structures so as to strengthen the legitimacy of EU economic treaty-making.
The 2022 United States Inflation Reduction Act (IRA) is a significant and welcome climate law. It... more The 2022 United States Inflation Reduction Act (IRA) is a significant and welcome climate law. It also includes trade-distortive subsidies, including local-content re- quirements prohibited under World Trade Organisation rules – the first time the US has done this and a blow to the international trading system that could trigger pro- tectionism in other countries. The expected IRA green subsidies are of similar size to those available in the European Union, except in renewable energy produc- tion, where EU subsidies remain larger. However, there are important qualitative differences. In this article, we conduct a quantitative and qualitative comparison of the IRA with its preexisting European counterparts. We identify three main differences: European subsidies are less discriminatory, more focused on innovation rather than deployment and more fragmented than the IRA. Some IRA subsidies discriminate against foreign produc- ers while EU subsidies do not. IRA clean-tech subsidies are simpler, longer-term and less fragmented, and they focus mainly on mass deployment of green technologies rather than innovation. We then examine the proposed EU reaction to IRA, the Net Zero Industry Act and dis- cuss how it should be improved by the EU co-legislators (the European Parliament and the EU Council) so as to become a useful building block towards a more compre- hensive EU green industrial policy.
The 2022 United States Inflation Reduction Act (IRA) is a significant and welcome climate law. It... more The 2022 United States Inflation Reduction Act (IRA) is a significant and welcome climate law. It also includes trade-distortive subsidies, including local-content requirements prohibited under World Trade Organisation rules-the first time the US has done this and a blow to the international trading system that could trigger protectionism in other countries. The expected IRA green subsidies are of similar size to those available in the European Union, except in renewable energy production, where EU subsidies remain far larger. However, there are important qualitative differences. Some IRA subsidies discriminate against foreign producers while EU subsidies do not. IRA clean-tech subsidies are simpler and less fragmented, and they focus mainly on mass deployment of green technologies rather than innovation.
The Global Governance Programme (GGP) is research turned into action. It provides a European sett... more The Global Governance Programme (GGP) is research turned into action. It provides a European setting to conduct research at the highest level and promote synergies between the worlds of research and policy-making, to generate ideas and identify creative and innovative solutions to global challenges.
... Energy, DEVE ² Development, INTA ² International Trade, ECON ² Economic and Monetary Affairs,... more ... Energy, DEVE ² Development, INTA ² International Trade, ECON ² Economic and Monetary Affairs, IMCO ² Internal Market and ... now brings EU trade policy under the same external action guidelines as other elements of EU external policies in areas such a security and foreign ...
highlighTs • The WTO membership will not be able to conclude stalled multilateral trade talks by ... more highlighTs • The WTO membership will not be able to conclude stalled multilateral trade talks by the end of 2011-a blow that spells the doom of the Doha Development Agenda (DDA) after 10 years of inconclusive negotiations under the WTO's 'Single Undertaking'. It is now time to acknowledge the political realities: the Doha Round is dead. • This policy brief outlines the history, causes, and consequences of a failed Doha and lays out the core elements of a necessary 'Plan B'. • The roots of failure are to be found in domestic politics of key WTO members on the core mercantilist items of the Doha agenda-agriculture and manufacturing. While some members-notably the United States-are not able to live with a low-ambition deal, others-notably China, India, and Brazil-cannot commit to elements of a high-ambition deal. • In the short term, WTO members need to 'harvest the organs' of the Doha Round to deliver benefits to least developed members and as a confidence-building measure to get the WTO back on track. • In the long run, the death of Doha poses questions about the role of the WTO as guardian and rule-maker of the international trading system. New thinking is needed on the future role of the WTO as well as new approaches to multilateral trade liberalisation.
The 'Wallonian Saga' associated with the threat on behalf of the Wallonian regional government to... more The 'Wallonian Saga' associated with the threat on behalf of the Wallonian regional government to block the signature of the Comprehensive Economic and Trade Agreement (CETA) in October 2016 has illustrated a number of structural weaknesses of the European Union as an external treaty-maker in the field of EU Common Commercial Policy. These weaknesses concern issues of both democratic representation and the effectiveness of EU multilevel governance. The legal question of competence that determines the Union's power to conclude external commercial treaties by itself or, in the alternative, jointly with the Member States has now been clarified by the CJEU in Opinion 2/15. Against this backdrop, this article examines and discusses the constitutional fundamentals of EU economic treaty-making. The article provides an explanatory account of the division and nature of treaty-making competences in the EU; outlines the distinct modalities and procedures that the conclusion of international treaties as 'EU-only' or 'mixed' require respectively; discusses the law and practice of the provisional application of international economic treaties by the EU; reviews legal avenues that enable the entry into force of a mixed agreement despite its rejection by an individual Member State; and gives an overview of the relevant CJEU case law and the Court's conclusions in Opinion 2/15. Normatively, we argue in favour of adjusting the scope of future EU trade and investment agreements to the realm of EU exclusive competences in order to remedy the functional deficiencies of EU treaty-making that were exposed in the 'CETA-drama'. At the same time, we emphasize the need forand outline a path towardsa qualitative change in EU and Member State institutional practice that fully employs the channels of vertical political participation in the Union's multilevel governance structures so as to strengthen the legitimacy of EU economic treaty-making.
Studies in European economic law and regulation, 2018
This chapter examines the evolution of the law and practice governing the signature and conclusio... more This chapter examines the evolution of the law and practice governing the signature and conclusion of trade and investment agreements in the EU. It argues that the 2001 Laeken Council objective to enhance the legitimacy of the European Union (EU) through “more democracy, transparency, and efficiency” can only be achieved by changing the modus operandi for EU economic treaty making from “mixed” to “EU-only” governance. The formal reform of EU exclusive competence for common commercial policy (CCP) through the 2009 Lisbon Treaty and the recent clarification of the material scope of the CCP by the Court of Justice of the European Union (CJEU) in Opinion 2/15 only make for one of the necessary conditions to this end. Abandoning the traditional Council practice of unanimous decision-making and member states” ratification in their own right in favor of qualified majority voting (QMV) in the Council is incentivized by the coincidence of a powerful commercial and political demand for the success of the Union’s external economic agenda, on the one hand, and the existence of a credible threat thereto, on the other hand. The threat to progress in the agenda for EU economic treaty making is epitomized by member states’ frequent exercise of “vetocracy” in the Lisbon era. The subordination of member states’ legislatures to EU exclusive governance of economic treaty making is, finally, rendered possible through democratic input legitimation at the EU level, which is now provided by the European Parliament in an increasingly effective manner. The chapter advances a normative claim for the accomplishment—and gives empirical evidence for the existence—of a new “legal-political equilibrium” in EU external economic governance, which develops as a result of the coincidence of the before-mentioned factors. In this new legal-political equilibrium, political transactions are shifted to a treaty-making modus operandi, which minimizes transaction costs of CCP governance, alters the configuration of institutionalized sources of democratic legitimacy, and enhances democratic representation at the same time.
Introduction In this chapter we present an inventory and typology of ASEAN's external agreeme... more Introduction In this chapter we present an inventory and typology of ASEAN's external agreements, which will then form the basis of our analysis of ASEAN treaty-making practice in the following chapters. Our analysis is based on the inventories and tables which are included in the appendices and is founded on the type of instrument used and their legal quality, the parties to the instruments, and their content. A few initial comments on each of these are in order. First, as to the type of instrument, we have included in our dataset not only legally binding international agreements (such as treaties) but also other instruments: memoranda of understanding (MoUs), action plans and declarations concluded between, or issued jointly by, ASEAN on the one side and a third state, group of states or international organisation on the other. Thus we exclude unilateral ASEAN instruments. The instruments vary widely in terms of length and significance, as well as legal quality. Our classification is based on the indicators of legal quality developed by Davinia Aziz for the purpose of analysing the typology of internal ASEAN instruments. Since a large number of ASEAN external instruments fall into the category of non-legally binding (102 out of a total of 175 instruments) inclusion of the latter will present a fuller picture of ASEAN external relations, will put the binding agreements into their broader institutional context, and will allow us to make an assessment as to whether legally binding commitments are preferred for different subject matters or for relations with different parties, and whether that choice alters over time. An analysis of the legal quality of ASEAN external instruments is presented in section 2 below. Second, we have categorised the instruments in terms of content. We distinguish between (i) political and security, (ii) economic, (iii) social and cultural and (iv) partnership and co-operation instruments.
This study seeks to enhance the understanding of ASEAN's external preferential trade agreements (... more This study seeks to enhance the understanding of ASEAN's external preferential trade agreements (PTA) in context of the recent growth of economic regionalism in East Asia. First, the paper compares the content of ASEAN's five plurilateral PTAs with China, Korea, Japan, India, Australia, and New Zealand with the status quo of ASEAN's internal economic integration. In a second step, the paper compares ASEAN's plurilateral agreements and ASEAN's internal integration with the content of six bilateral PTAs that individual ASEAN member states have concluded with Japan. The empirical findings demonstrate that the ambition of ASEAN's five plurilateral agreements finds its upper limits in the substantive content of ASEAN's internal economic integration. Within these limits, the coverage and depth of commitments varies considerably in correlation with the intensity of trade between ASEAN and the respective external partner. Moreover, the comparison shows that bilateral PTAs between six individual ASEAN member states and Japan go significantly beyond the status quo of ASEAN's internal integration and exceed the coverage and depth of ASEAN's external plurilateral PTAs. The author contends that the coverage and depth of ASEAN member states' plurilateral PTAs is limited by the structural heterogeneity of the signatories and, as a result, a relatively high diversity of policy preferences. Bilateral PTAs between ASEAN member states and the same external partners result in deeper commitments than the plurilateral accords, because of both a higher common denominator among the parties to the agreements and the free-rider problem that persists in plurilateral negotiation settings. Moreover, it is argued that the coverage and depth of the agreements is a function of the intensity of trade among the parties: high trade intensity results in deeper and more comprehensive agreements that tackle 21st century trade issues, whereas low trade intensity results in shallow agreements that aim to reduce first-generation trade barriers. These hypotheses, which are fully verified by the empirical findings of this study, allow for important conclusions about the role of ASEAN member states-collectively and individually-in current and future economic integration initiatives such as ASEAN+6, the TPP, or EU-ASEAN PTA negotiations.
The 'Wallonian Saga' associated with the threat on behalf of the Wallonian regional government to... more The 'Wallonian Saga' associated with the threat on behalf of the Wallonian regional government to block the signature of the Comprehensive Economic and Trade Agreement (CETA) in October 2016 has illustrated a number of structural weaknesses of the European Union as an external treaty-maker in the field of EU Common Commercial Policy. These weaknesses concern issues of both democratic representation and the effectiveness of EU multilevel governance. The legal question of competence that determines the Union's power to conclude external commercial treaties by itself or, in the alternative, jointly with the Member States has now been clarified by the CJEU in Opinion 2/15. Against this backdrop, this article examines and discusses the constitutional fundamentals of EU economic treaty-making. The article provides an explanatory account of the division and nature of treaty-making competences in the EU; outlines the distinct modalities and procedures that the conclusion of international treaties as 'EU-only' or 'mixed' require respectively; discusses the law and practice of the provisional application of international economic treaties by the EU; reviews legal avenues that enable the entry into force of a mixed agreement despite its rejection by an individual Member State; and gives an overview of the relevant CJEU case law and the Court's conclusions in Opinion 2/15. Normatively, we argue in favour of adjusting the scope of future EU trade and investment agreements to the realm of EU exclusive competences in order to remedy the functional deficiencies of EU treaty-making that were exposed in the 'CETA-drama'. At the same time, we emphasize the need forand outline a path towardsa qualitative change in EU and Member State institutional practice that fully employs the channels of vertical political participation in the Union's multilevel governance structures so as to strengthen the legitimacy of EU economic treaty-making.
The 2022 United States Inflation Reduction Act (IRA) is a significant and welcome climate law. It... more The 2022 United States Inflation Reduction Act (IRA) is a significant and welcome climate law. It also includes trade-distortive subsidies, including local-content re- quirements prohibited under World Trade Organisation rules – the first time the US has done this and a blow to the international trading system that could trigger pro- tectionism in other countries. The expected IRA green subsidies are of similar size to those available in the European Union, except in renewable energy produc- tion, where EU subsidies remain larger. However, there are important qualitative differences. In this article, we conduct a quantitative and qualitative comparison of the IRA with its preexisting European counterparts. We identify three main differences: European subsidies are less discriminatory, more focused on innovation rather than deployment and more fragmented than the IRA. Some IRA subsidies discriminate against foreign produc- ers while EU subsidies do not. IRA clean-tech subsidies are simpler, longer-term and less fragmented, and they focus mainly on mass deployment of green technologies rather than innovation. We then examine the proposed EU reaction to IRA, the Net Zero Industry Act and dis- cuss how it should be improved by the EU co-legislators (the European Parliament and the EU Council) so as to become a useful building block towards a more compre- hensive EU green industrial policy.
The 2022 United States Inflation Reduction Act (IRA) is a significant and welcome climate law. It... more The 2022 United States Inflation Reduction Act (IRA) is a significant and welcome climate law. It also includes trade-distortive subsidies, including local-content requirements prohibited under World Trade Organisation rules-the first time the US has done this and a blow to the international trading system that could trigger protectionism in other countries. The expected IRA green subsidies are of similar size to those available in the European Union, except in renewable energy production, where EU subsidies remain far larger. However, there are important qualitative differences. Some IRA subsidies discriminate against foreign producers while EU subsidies do not. IRA clean-tech subsidies are simpler and less fragmented, and they focus mainly on mass deployment of green technologies rather than innovation.
The Global Governance Programme (GGP) is research turned into action. It provides a European sett... more The Global Governance Programme (GGP) is research turned into action. It provides a European setting to conduct research at the highest level and promote synergies between the worlds of research and policy-making, to generate ideas and identify creative and innovative solutions to global challenges.
... Energy, DEVE ² Development, INTA ² International Trade, ECON ² Economic and Monetary Affairs,... more ... Energy, DEVE ² Development, INTA ² International Trade, ECON ² Economic and Monetary Affairs, IMCO ² Internal Market and ... now brings EU trade policy under the same external action guidelines as other elements of EU external policies in areas such a security and foreign ...
highlighTs • The WTO membership will not be able to conclude stalled multilateral trade talks by ... more highlighTs • The WTO membership will not be able to conclude stalled multilateral trade talks by the end of 2011-a blow that spells the doom of the Doha Development Agenda (DDA) after 10 years of inconclusive negotiations under the WTO's 'Single Undertaking'. It is now time to acknowledge the political realities: the Doha Round is dead. • This policy brief outlines the history, causes, and consequences of a failed Doha and lays out the core elements of a necessary 'Plan B'. • The roots of failure are to be found in domestic politics of key WTO members on the core mercantilist items of the Doha agenda-agriculture and manufacturing. While some members-notably the United States-are not able to live with a low-ambition deal, others-notably China, India, and Brazil-cannot commit to elements of a high-ambition deal. • In the short term, WTO members need to 'harvest the organs' of the Doha Round to deliver benefits to least developed members and as a confidence-building measure to get the WTO back on track. • In the long run, the death of Doha poses questions about the role of the WTO as guardian and rule-maker of the international trading system. New thinking is needed on the future role of the WTO as well as new approaches to multilateral trade liberalisation.
The 'Wallonian Saga' associated with the threat on behalf of the Wallonian regional government to... more The 'Wallonian Saga' associated with the threat on behalf of the Wallonian regional government to block the signature of the Comprehensive Economic and Trade Agreement (CETA) in October 2016 has illustrated a number of structural weaknesses of the European Union as an external treaty-maker in the field of EU Common Commercial Policy. These weaknesses concern issues of both democratic representation and the effectiveness of EU multilevel governance. The legal question of competence that determines the Union's power to conclude external commercial treaties by itself or, in the alternative, jointly with the Member States has now been clarified by the CJEU in Opinion 2/15. Against this backdrop, this article examines and discusses the constitutional fundamentals of EU economic treaty-making. The article provides an explanatory account of the division and nature of treaty-making competences in the EU; outlines the distinct modalities and procedures that the conclusion of international treaties as 'EU-only' or 'mixed' require respectively; discusses the law and practice of the provisional application of international economic treaties by the EU; reviews legal avenues that enable the entry into force of a mixed agreement despite its rejection by an individual Member State; and gives an overview of the relevant CJEU case law and the Court's conclusions in Opinion 2/15. Normatively, we argue in favour of adjusting the scope of future EU trade and investment agreements to the realm of EU exclusive competences in order to remedy the functional deficiencies of EU treaty-making that were exposed in the 'CETA-drama'. At the same time, we emphasize the need forand outline a path towardsa qualitative change in EU and Member State institutional practice that fully employs the channels of vertical political participation in the Union's multilevel governance structures so as to strengthen the legitimacy of EU economic treaty-making.
Studies in European economic law and regulation, 2018
This chapter examines the evolution of the law and practice governing the signature and conclusio... more This chapter examines the evolution of the law and practice governing the signature and conclusion of trade and investment agreements in the EU. It argues that the 2001 Laeken Council objective to enhance the legitimacy of the European Union (EU) through “more democracy, transparency, and efficiency” can only be achieved by changing the modus operandi for EU economic treaty making from “mixed” to “EU-only” governance. The formal reform of EU exclusive competence for common commercial policy (CCP) through the 2009 Lisbon Treaty and the recent clarification of the material scope of the CCP by the Court of Justice of the European Union (CJEU) in Opinion 2/15 only make for one of the necessary conditions to this end. Abandoning the traditional Council practice of unanimous decision-making and member states” ratification in their own right in favor of qualified majority voting (QMV) in the Council is incentivized by the coincidence of a powerful commercial and political demand for the success of the Union’s external economic agenda, on the one hand, and the existence of a credible threat thereto, on the other hand. The threat to progress in the agenda for EU economic treaty making is epitomized by member states’ frequent exercise of “vetocracy” in the Lisbon era. The subordination of member states’ legislatures to EU exclusive governance of economic treaty making is, finally, rendered possible through democratic input legitimation at the EU level, which is now provided by the European Parliament in an increasingly effective manner. The chapter advances a normative claim for the accomplishment—and gives empirical evidence for the existence—of a new “legal-political equilibrium” in EU external economic governance, which develops as a result of the coincidence of the before-mentioned factors. In this new legal-political equilibrium, political transactions are shifted to a treaty-making modus operandi, which minimizes transaction costs of CCP governance, alters the configuration of institutionalized sources of democratic legitimacy, and enhances democratic representation at the same time.
The Robert Schuman Centre for Advanced Studies (RSCAS), created in 1992 and directed by Stefano B... more The Robert Schuman Centre for Advanced Studies (RSCAS), created in 1992 and directed by Stefano Bartolini since September 2006, aims to develop inter-disciplinary and comparative research and to promote work on the major issues facing the process of integration and European society.
ASEAN is coming of age as an international actor and international treaty-maker. To date, more th... more ASEAN is coming of age as an international actor and international treaty-maker. To date, more than two hundred external agreements and other instruments have been concluded in the name of ASEAN. This book provides the first systematic account of the legal framework governing ASEAN's burgeoning external relations practice. It focuses in depth on ASEAN's wide-ranging mandate to promote its values and principles in the wider region and beyond, as well as the highly intergovernmental, and at times haphazard, handling of the bloc's relations with the outside world. Furthermore, it reveals that there are two basic meanings of ASEAN in its international dealings, which have important implications under international law: ASEAN as an international organisation with its own legal personality and ASEAN as the collectivity of its member states. This timely and thoughtful book is a valuable resource for practitioners and scholars of international law, ASEAN law, international relations, regional integration and governance.
- First comprehensive account of the external relations practice of ASEAN, including international treaty-making and 'soft' instruments
- Written by a leading group of scholars from around the world, bringing together international law and international relations perspectives
-Presents a broad and systematic analysis of ASEAN external agreements and discerns emerging patterns of practice for ASEAN providing readers with the distinctive features of ASEAN as an international treaty-maker
This article provides a comprehensive account of the first three major WTO dispute settlement cas... more This article provides a comprehensive account of the first three major WTO dispute settlement cases regarding agricultural subsidies. In the ‘Canada – Dairy’, ‘EC – Sugar’, and ‘US – Upland Cotton’ disputes, the panels and the Appellate Body, for the first time, interpreted and clarified the present set of multilateral rules which apply to agricultural subsidisation policies. Given their quasi-precedential character, the rulings are of overwhelming importance for the development of a stringent legal standard guiding agricultural policy formulation at the national level. As such, the decisions appear to further weaken the exceptional standing of agriculture in world trade law and strengthen the forces towards an integration of agriculture into the mainstream of multilateral trade regulation. Moreover, it is argued that they inform and significantly affect negotiators positions in current and future multilateral negotiations on agriculture, as they changed the balance of concessions made during the Uruguay Round. In light of the politically sensitive nature of agricultural trade, the policy implications of the rulings bear the risk undermining WTO members political support for the international trade regime embodied by the WTO.
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Papers by David Kleimann
- First comprehensive account of the external relations practice of ASEAN, including international treaty-making and 'soft' instruments
- Written by a leading group of scholars from around the world, bringing together international law and international relations perspectives
-Presents a broad and systematic analysis of ASEAN external agreements and discerns emerging patterns of practice for ASEAN providing readers with the distinctive features of ASEAN as an international treaty-maker