Study-Unit Description

Study-Unit Description


CODE ECL4012

 
TITLE The Law of EU Trade Policy

 
UM LEVEL 04 - Years 4, 5 in Modular UG or PG Cert Course

 
MQF LEVEL 6

 
ECTS CREDITS 4

 
DEPARTMENT European and Comparative Law

 
DESCRIPTION Study Unit Aims:

This study-unit aims to introduce the student to the legal aspects and ramifications of the EU’s trade policy as an exlusive competence of the EU. The aim of the study-unit is to convey to students the underlying legal notions of the EU’s common commercial policy, including the scope and principles, institutional framework and the procedure for the negotiation and conclusion of agreements.

It will examine the the EU’s trade policy both from a multilateral (relations with the World Trade Organisation) and also from a bilateral point of view (including Deep and Comprehensive Free Trade Areas and other bilateral agreements such as Association Agreements and the European Neighbourhood Policy).

The study-unit will also delve in other sectoral areas of the common commercial policy, including the common external tariff (CET), trade defence instruments, trade barriers, the General System of Preferences, EU Investment Policy and Dispute Settlement. Case-studies of trade agreements will be examined with a view to identify the main components and coverage of these agreements.

Learning Outcomes:

This is an introductory study-unit with the aim of helping the students to be in a position to understand the legal basis of international trade from an EU perspective to enable them pursue further research. After following the study-unit the students should be in a position:

- To understand the international institutions vis-à-vis international trade;
- To learn the institutional framework of EU trade policy and the procedure for the negotiation of trade agreements;
- To understand the EU external policy with particular reference to trade issues;
- To appreciate the link between the free movement of goods and WTO rules;
- To acquire knowledge of substantive EU and international trade issues, including insights on the EU’s trade agreements;
- To understand the international trade dispute settlement;
- To appreciate the linkage of trade and investment policy.

Study-unit description:

1. Introduction: The scope and principles of the common commercial policy
2. The common commercial policy: institutional framework
3. Procedure for the negotiation and conclusion of agreements
4. The common customs tariffs and rules for imports [Council Regulation (EC) No.260/2009] and exports [Council Regulation 1061/2009]
5. Derogation from the Common Customs Tariff through the General System of Preferences (GSP)
6. The Offensive trade policy instruments: The Trade Barriers Regulation and the Market Access Strategy
7. Trade defence measures: subsidies and dumping
A snapshot ofhe EU’s bilateral trade agreements: The European Neighbourhood Policy (ENP) and Association Agreements
8. Case study – The Transatlantic Trade Investment Partnership (TTIP) and EU- Tunisia Deep and Comprehensive Free Trade Area
9. Case study – Trade and Development - Economic Partnership Agreements
10. The EU and the World Trade Organisation
11. Multilateral and bilateral international trade Dispute Settlement
12. Trade and Investment – Towards a new International Investment Court system (for EU trade and investment agreements)
13. Trade for All: Towards a more responsible trade and investment policy (European Commission Communication)
14. Conclusion and revision

Reading List:

- Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions of 4 October 2006 “Global Europe: Competing in the world”, COM(2006) 567 final-Council Regulation 260/2009 on the common rules for imports [2009] OJ L84/1.
- Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community.
- Council Regulation (EC) No 597/2009 of 11 June 2009 on protection against subsidised imports from countries not members of the European Community.
- Council Regulation (EC) No 3286/94 of 22 December 1994 laying down Community procedures in the field of the common commercial policy in order to ensure the exercise of the Community's rights under international trade rules, in particular those established under the auspices of the World Trade Organization.
- Council Regulation (EC) No 1061/2009 of 19 October 2009 establishing common rules for exports.
- De Burca G. & Scott J. (ed), The EU and the WTO, Hart, 2003.
- Eeckhout Piet, EU External Relations Law, Second Edition, Oxford University Press, 2012.
- European Commission, Communication from the Commission – Europe 2020: As strategy for smart, sustainable and inclusive growth, Brussels 3 March 2010, COM (2010) 2020 final.
- Jackson J. The Jurisprudence of GATT and the WTO, Cambridge 2000.
- Palmeter et al, Dispute Settlement in the WTO, Cambridge, 2004.
- Regulation (EU) No 978/2012 of the European Parliament and of the Council of 25 Cotober 2012 applying a scheme of generalised tariff preferences and repealing Council Regulation (EC) No 732/2008.
- The Legal Texts: The results of the Uruguay Round of Multilateral Trade Negotiations.
- Trade for all – Towards a more responsible trade and investment policy, European Commission, 2015.
- Treaty on the Functioning of the European Union.
- Treibilcock M.J. & Howese R. The Regulation of International Trade, 3rd ed Routledge, 2005.

 
ADDITIONAL NOTES Students taking this study-unit need to have a background in law.

 
STUDY-UNIT TYPE Lecture

 
METHOD OF ASSESSMENT
Assessment Component/s Assessment Due Sept. Asst Session Weighting
Assignment SEM2 Yes 100%

 
LECTURER/S

 

 
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The availability of optional units may be subject to timetabling constraints.
Units not attracting a sufficient number of registrations may be withdrawn without notice.
It should be noted that all the information in the description above applies to study-units available during the academic year 2024/5. It may be subject to change in subsequent years.

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