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7 - Enforcement of the FTA TSD Chapters

Newfound Strength?

from Part II - The Tools for Stronger Enforcement of Trade Rights

Published online by Cambridge University Press:  aN Invalid Date NaN

Wolfgang Weiß
Affiliation:
University Speyer
Cornelia Furculita
Affiliation:
University Speyer
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Summary

Chapter 7 focuses on the enforcement of the FTA Trade and Sustainable Development (TSD) chapters and EU’s plan to strengthen it. It introduces the reader to the EU’s former cooperative approach and the long-lasting debate on the use of sanctions. It follows with an analysis of the newly found robustness of EU’s approach towards TSD enforcement, by assessing the recent EU–Korea FTA labour dispute and presenting the EU’s new TSD enforcement approach, which extends the coverage of general dispute settlement compliance stage to TSD chapters and adds the possibility to impose sanctions in case of certain TSD breaches. It continues with an analysis of the available tools in case of non-compliance even in case of an express FTA legal basis for sanctions. In particular, it explores whether the EU could make use of international customary rules enshrined in the ILC Draft Articles on State Responsibility, Vienna Convention on the Law of Treaties, or the ’Essential Elements’ Clauses from EU FTAs and Framework Agreements. Finally, the chapter presents other pertinent political considerations and evaluates the latest developments in strengthening the enforcement of EU’s FTA TSD chapters.

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Chapter
Information
Open Strategic Autonomy in EU Trade Policy
Assessing the Turn to Stronger Enforcement and More Robust Interest Representation
, pp. 244 - 282
Publisher: Cambridge University Press
Print publication year: 2024

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