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The European Union is one of the most outward-oriented economies in the world, and free trade is one of its founding principles. As such, instruments intended to ensure that international trade is conducted on a level playing field have been part of the EU's policy toolbox since the beginning of European integration. Adapting to the current changes in international trade, these instruments have since undergone major reforms. This work provides an overview of the EU's legal framework on the use of its trade defence instruments, in particular measures under the Trade Barriers Regulation, the Basic Anti-Dumping Regulation and the Basic-Anti Subsidy Regulation. The book shares valuable insights into how EU institutions currently apply these instruments and places their application in the broader political context in which international trade takes place, which has been shaped e.g. by developments related to the United Kingdom's withdrawal from the EU and the ongoing blockade of the WTO Appellate Body.
List of contents
1The Foundations.- 1.1 Introduction.- 1.2 Defining the Notion of "Trade Defence Instruments".- 1.3 Historical Development.- 1.4 The Economic and Legal Rationale Underlying the Imposition of Trade Defence Measures.- 2The Current Legal Framework Governing the EU's Trade Defence Instruments.- 2.1 Primary Law.- 2.2 International Economic Law.- 2.3 Secondary Law.- 3Enforcement.- 3.1 Competences.- 3.2 Procedural Rights of the Parties to the Proceedings and Rule of Law Requirements.- 4Judicial Review.- 4.1 Type of Proceedings.- 4.2 Jurisdiction.- 4.3 Standing under Article 263 TFEU.- 5Perspectives and Current Developments.- 5.1 Reforms and Current Developments at the WTO Level.- 5.2 Reforms and Current Development at the EU Level.
About the author
Christoph Herrmann holds the Chair of Constitutional and Administrative, European Law, European and International Economic Law at the University of Passau. He is one of the leading German scholars in the field of EU trade law and has advised the German government on issues relating to EU economic and trade law issues on multiple occasions. From 2017-2019, he was EU candidate select for the WTO Appellate Body. Furthermore, he is a listed as possible Arbitrator under the UK Withdrawal Agreement from the European Union as well as EU trade agreements. His research focusses on European constitutional law as well as European and international economic law.
Patricia Trapp studied law at the University of Passau, where she specialized in EU law. For two years, she was a research assistant to Prof. Dr. Christoph Herrmann, LL.M. As part of her doctoral studies, which were funded by the German Academic Scholarship Foundation, she spent two months working in the cabinet of the United Kingdom's judge at the EU General Court in Luxemburg. Patricia has published articles in a number of journals and has presented at conferences on aspects of EU competition and trade law. She is currently working in the competition and trade law practice group of a major international law firm.
