Regulatory Cooperation Chapters in the new Generation FTAS

Dive into the intricate world of international trade with this original analysis of Regulatory Cooperation Chapters in Free Trade Agreements (FTAs). This book meticulously examines for the first time the content, legal nature, and implications of these chapters within the European Union (EU) legal framework.

Narrowing its focus to the Comprehensive Economic and Trade Agreement (CETA) and the EU-Japan Economic Partnership Agreement ( EU-Japan EPA), chosen for their advanced Regulatory Cooperation provisions, the book proceeds to a rich analysis and comparison of the enshrined provisions.

The book delves into the political and legal landscape that necessitated this shift towards bilateral regulatory cooperation. It explains the strategic pivot from the stalled WTO negotiations to bilateralism, highlighting the inadequacies of existing WTO rules on non-tariff barriers. This analysis prompts the question: what has changed? Using the concept of 'Legalization' as developed in political sciences, this interdisciplinary perspective reveals the increasing legalization and binding nature of these commitments, challenging the initial skepticism about their normative value.

The book further tracks the practical implementation of Regulatory Cooperation, using developments from CETA and EU-Japan EPA. It presents the two manifestation mechanisms of the Regulatory Cooperation in the EU legal order and highlights their roles in shaping EU's internal regulations. In that regard, the book challenges the legitimacy of these regulatory practices, assessing them through the lenses of input, output, and throughput legitimacy. With a view to maintain the rule of law and democratic principles, the author makes various proposals in that regard, from updated legal tools and model rules to a framework for EU Commission's decision-making capacity.

This book offers invaluable insights for policymakers, legal scholars, and trade professionals, providing a thorough understanding of the complex dynamics of Regulatory Cooperation in modern FTAs and their crucial role in shaping global trade relations.

Presents an original piece of research in a new area of EU trade policy Answers legitimacy questions previously posed in legal literature on the basis of concrete developments Analyses first hand and in-depth the subject matter

Auteur

Kornilia Pipidi-Kalogirou studied Law at the Aristotle University of Thessaloniki. With a keen interest in EU and international law already from the bachelor years, she continued her studies with an LL.M in EU law from the College of Europe in Bruges. This academic experience broadened her academic horizons and deepened her understanding of EU law and the interaction with the international sphere. With her LL.M thesis focusing on Services Liberalization in CETA, she pursued a PhD on the then recently concluded trade agreement and EU trade law and policy in general. From September 2017 she was part of the EU funded Marie Curie Innovative Training Network on EU Trade and Investment Policy ('EUTIP ITN'), as an Early Stage Researcher ('ESR') pursuing a PhD degree at the German University of Administrative Sciences in Speyer, under the supervision of Professor Wolfgang Weiss, and co-supervised by Elaine Fahey of City University of London. Her research concentrated upon the Regulatory Cooperation Chapters of CETA and EU-Japan, especially their interaction with the EU legal order, from a legitimacy point of view. As part of the EUTIP ITN, she had the chance to participate in numerous academic conferences all over the world and publish contributions in edited volumes and academic journals of international visibility. She was also given the opportunity to carry out one academic secondment in London, and two secondments on matters close to her research in Frankfurt and Brussels. During the last year of her PhD, she was academic visitor at the IEE Institute of the french speaking Free University of Brussels (IEE-ULB). Kornilia currently works as Legal Expert at the Single Resolution Board, the EU authority for ensuring orderly bank failures and lives in Brussels. There, she provides legal expertise on governance and decision-making issues.

Contenu

Introduction.- Characteristics of the Reestablished Regulatory Cooperation.- Legalization of Regulatory Cooperation.- Regulatory Cooperation Results and their effects in the EU legal order.- Legitimacy of Regulatory Cooperation Activities.- Conclusion.