Reflections on EU International Trade Law: An Introspective View

Frontiers of Law in China, Vol. 7, No. 1, pp. 1-20, 2012

Queen Mary School of Law Legal Studies Research Paper No. 101/2012

21 Pages Posted: 15 Mar 2012

See all articles by Rafael Leal-Arcas

Rafael Leal-Arcas

Queen Mary University of London - School of Law

Date Written: March 12, 2012

Abstract

There are three main arguments in this article. The first argument is that shared competence exists between the national and supranational levels within the European Union (EU) because EU Member States do not trust the European Commission in the external relations law of the EU. A second contention is that the EU will have greater bargaining power in international negotiations if it speaks with a single voice. Within the EU-27, we have compatible values, overlapping interests, shared goals, as well as economic, social, and political ties. Therefore, there is a presumption of collective action in the EU’s external relations. However, EU Member States disagree on many things before they start negotiations, while trying to define a mission together as partners of the European project. A third argument is that Member States confer specific negotiating powers on the EU only when it is in their own national interest to have a common European position on international negotiations.

Suggested Citation

Leal-Arcas, Rafael, Reflections on EU International Trade Law: An Introspective View (March 12, 2012). Frontiers of Law in China, Vol. 7, No. 1, pp. 1-20, 2012; Queen Mary School of Law Legal Studies Research Paper No. 101/2012. Available at SSRN: https://ssrn.com/abstract=2020646

Rafael Leal-Arcas (Contact Author)

Queen Mary University of London - School of Law ( email )

67-69
Lincoln's Inn Fields
Holborn, London WC2A 3JB
United Kingdom

HOME PAGE: http://www.ccls.qmul.ac.uk/staff/lealarcas.html

Register to save articles to
your library

Register

Paper statistics

Downloads
127
Abstract Views
909
rank
220,431
PlumX Metrics