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.
Author(s): Christoph Herrmann, Patricia Trapp
Series: SpringerBriefs in Law
Publisher: Springer
Year: 2023
Language: English
Pages: 120
City: Cham
Contents
Chapter 1: The Foundations
1.1 Introduction
1.2 Defining the Notion of ``Trade Defence Instruments´´
1.3 Historical Development
1.3.1 Defensive Measures to Protect Trade
1.3.2 Offensive Measures to Protect Trade
1.4 The Economic and Legal Rationale Underlying the Imposition of Trade Defence Measures
References
Academic Literature
Chapter 2: The Current Legal Framework Governing the EU´s Trade Defence Instruments
2.1 Primary Law
2.2 International Economic Law
2.3 Secondary Law
2.3.1 Overview
2.3.2 Anti-dumping Law
2.3.2.1 Substantive Preconditions for the Imposition of Anti-dumping Measures
2.3.2.1.1 Dumping
2.3.2.1.2 The ``New Methodology´´ of Article 2 (6a) BADR
2.3.2.1.3 Injury
2.3.2.1.4 Causality
2.3.2.1.5 Union Interest
2.3.2.2 The Course of Anti-dumping Proceedings
2.3.2.3 Anti-dumping Measures
2.3.2.3.1 Types of Measures
2.3.2.3.2 Level of Measures
2.3.2.3.3 Temporal Aspects
2.3.2.3.4 Procedural Aspects
2.3.3 Anti-subsidy Law
2.3.3.1 Substantive Preconditions
2.3.3.2 Types and Level of Measures
2.3.3.3 Temporal and Procedural Aspects
2.4 Safeguard Measures
2.4.1 Trade Barriers Regulation
2.4.1.1 Objectives
2.4.1.2 Substantive Preconditions for the Imposition of Measures Under the Trade Barriers Regulation
2.4.1.3 The Course of Proceedings Under the Trade Barriers Regulation
2.4.1.4 Measures
2.4.2 Enforcement Regulation
References
Academic Literature
Chapter 3: Enforcement
3.1 Competences
3.1.1 Union Competence
3.1.2 Institutional Competence
3.2 Procedural Rights of the Parties to the Proceedings and Rule of Law Requirements
References
Academic Literature
Chapter 4: Judicial Review
4.1 Type of Proceedings
4.2 Jurisdiction
4.3 Standing Under Article 263 TFEU
References
Academic Literature
Chapter 5: Perspectives and Current Developments
5.1 Reforms and Current Developments at the WTO Level
5.2 Reforms and Current Development at the EU Level
5.2.1 New Instrument on Foreign Subsidies
5.2.2 Brexit and Trade Defence
References
Academic Literature
Bibliography
Publications by the EU Institutions
European Commission
European Parliament
Other
EU Legislation
Judgments by the European Courts
International Agreements
World Trade Organization
European Union
WTO Adjudicative Bodies
Miscellaneous
