The Anti-Coercion Instrument: Is the EU Renouncing its ‘Multilateralist’ DNA?

Brexit Institute Working Paper Series No 04/2024

16 Pages Posted: 19 Jan 2024

See all articles by Cornelia Furculita

Cornelia Furculita

German University for Administrative Sciences Speyer

Date Written: January 18, 2024

Abstract

In the context of increased geopolitical tensions and the so-called ‘weaponization’ of international trade, the EU Commission tabled a proposal for an Anti- Coercion Instrument (ACI) to tackle instances of alleged economic coercion. Con- sidering the tensions that it might come into with multilateral trade rules, this chapter analyses whether the ACI, as proposed by the Commission, is consistent with WTO procedural and substantive norms and whether it could be indeed justified under general customary international law on countermeasures. As the ACI would have consequences beyond legal ones, it will look into its potential broader implications of the instrument for the multilateral trading system and EU’s self-declared multi- lateralist ‘DNA’.

Keywords: Anti-Coercion Instrument, EU and International Trade Law, WTO Dispute Settlement, Geopolitical European Union, Economic Coercion

Suggested Citation

Furculita, Cornelia, The Anti-Coercion Instrument: Is the EU Renouncing its ‘Multilateralist’ DNA? (January 18, 2024). Brexit Institute Working Paper Series No 04/2024, Available at SSRN: https://ssrn.com/abstract=4699366 or http://dx.doi.org/10.2139/ssrn.4699366

Cornelia Furculita (Contact Author)

German University for Administrative Sciences Speyer ( email )

Freiherr vom Stein Strasse 2
Speyer
Germany

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