Reflections on EU International Trade Law: An Introspective View
Frontiers of Law in China, Vol. 7, No. 1, pp. 1-20, 2012
21 Pages Posted: 15 Mar 2012
Date Written: March 12, 2012
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.
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