Reference : The New Generation of Bilateral Free Trade Agreements - A New Legal Instrument of the...
Dissertations and theses : Doctoral thesis
Law, criminology & political science : European & international law
Law / European Law
The New Generation of Bilateral Free Trade Agreements - A New Legal Instrument of the Union’s External Action
Silvereke, Siri Erica mailto [University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Law Research Unit >]
University of Luxembourg, ​Luxembourg, ​​Luxembourg
Docteur en Droit
Neframi, Eleftheria mailto
Hofmann, Herwig mailto
Happold, Matthew mailto
Ott, Andrea mailto
Pantaleo, Luca mailto
[en] Free Trade Agreements ; EU External Action ; Common Commercial Policy ; EU competences ; EU Autonomy ; Investor State Dispute Settlement ; Investment Court System ; CETA ; EUSFTA
[en] The NGFTAs are considered as new legal instruments of the EU external action as they refer to a new generation of free trade agreements that go further in integration, beyond the simple elimination of import tariffs and other trade barriers while also addressing non-trade related measures. The research examines the significance and the implication of the NGFTAs as a new legal instrument by more closely considering the limits of the attributed competences and how the reformed ISDS could affect the autonomy of the EU.
Analysing these instruments has shown the need to establish a clear balance between the protection of the autonomous legal order, and at the same time maintaining the EU’s objective of trade liberalization. The dispute settlement mechanism and its relation to the EU legal order and international courts and tribunals have become of particular importance. This is due to the remaining possibility that the ICS may interfere with the EU’s exclusive competence to preserve the system of vertical allocation of competence. The division of responsibility between the EU and its Member States seems to be the key to preserve the autonomy of the EU legal order, in relation to the issues of competence. An appropriate balance may be seen through further emphasizing the duty of sincere cooperation, in particular in relation to the ICS. Moreover, the division of responsibility plays a significant role between the EU and its Member States and seems to be the key role to preserve the autonomy of the EU legal order. The anticipated Opinion 1/17, which provide for further guidance will have a decisive impact on the NGFTAs, concerning the future compliance with EU law in relation to both compatibility and design.

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