This article argues that Transatlantic Trade and Investment Partnership (TTIP) negotiations have ... more This article argues that Transatlantic Trade and Investment Partnership (TTIP) negotiations have a positive legal story worth recounting as to the effects of the negotiations upon the European Union (EU) legal order. The article explores the negotiation of EU international agreements as a specific field of law and considers how the TTIP negotiations overall contribute to the politicization of the EU through shifts in legal practice on the part of all major institutional actors to EU international relations in changes to approach, procedure and actions. It uses the metric of responsiveness to measure or chart the former, considering the responses as actually practiced by institutional actors in law to normative concerns arising. It considers these practices across a range of actors, specifically the European Commission, the European Parliament, the Ombudsman, the Committee of the Regions and the TTIP Advisory Group.
The article focuses on the output and incidence of international law in the adopted AFSJ law-maki... more The article focuses on the output and incidence of international law in the adopted AFSJ law-making for the period between 2009−14 and 2014−19, with particular emphasis upon asylum and immigration law. The article thus overall shows an initially rising but subsequently falling ‘international’ influence upon EU AFSJ directives and regulations. International law usage is significant even in times of populism or times of crisis-related law-making, particularly as to asylum and immigration law. However, the waning presence of international law also arguably indicates the development of the AFSJ as a booming legal field, where there is an operationalisation of a vast field of new actors, institutions, and systems through EU law. This account demonstrates how the EU shows a tangible intent to permit the influence of international law upon the AFSJ which supports well its general efforts to participate and engage as a global legal actor.
This paper outlines an exploratory workshop at City Law School, City, University of London funded... more This paper outlines an exploratory workshop at City Law School, City, University of London funded by HEIF/ ‘EUTIP’ Marie Sklodowska-Curie Innovative Training Network (ITN) on understanding of the EU as a Good Global Actor.1 The EU has as its mission to be a good global governance actor yet is continuously challenged in the world. As a global actor, the EU is both a weak and strong actor in a divergent range of global governance areas. It is not comparable to study the EU as a global trade actor for example to its efforts in human rights, data, cyber or the environment. EU international relations constitutes arguably a booming field of law where the EU appears often to be a victim of its own success. The range of the subjects and objects of EU law continues to expand and the EU is arguably increasingly a victim of its own success, increasingly taking decisions with impacts on third countries or parties, subjecting more entities to sanctions regimes, being bound to consult more entiti...
Transparency continues to occupy a patchy and uneven place in EU and US relations in key economic... more Transparency continues to occupy a patchy and uneven place in EU and US relations in key economic and regulatory areas. This patchiness plays out in a variety of ways including in downgrading by the US of the EU in diplomatic and regional standing albeit non-expressly in recent times. The chapter explores the shifts in practices on transparency in EU-US cooperation from a legal perspective. It focuses on EU-US trade negotiations and data transfer cooperation. Transparency provides a useful point of departure as it is a common value and instrument for the US and EU, yet one that seems to be utilised very differently. Transatlantic relations increasingly show a tension between the government to government model of transparency. In the EU-US data protection regime of the Privacy Shield a complex constellation of subjects is emerging and its genuine enforcement appears open to significant doubt. In trade, the European Parliament increasingly attempts to participate and involve citizens’...
The essence of the phenomenon of the global reach of EU law is that the laws, rules and standards... more The essence of the phenomenon of the global reach of EU law is that the laws, rules and standards governing the single market constitute homogenous forms of regulation for a vast range of subject areas, governing a bloc of half a billion consumers and traders, are sufficiently desirable that many third countries adopt them as takers . Alternatively, traders, businesses, companies, associations, countries receive them or are subjected to them, compelled to or otherwise. The paper argues that a significantly overlooked point as to the future of the UK in the Brexit negotiations with the EU is that, irrespective of the outcome of the negotiations, the UK will inevitably become subject to this phenomenon .
The EU-Canada Economic and Trade Agreement (CETA) provides for the free movement of goods, person... more The EU-Canada Economic and Trade Agreement (CETA) provides for the free movement of goods, persons and capital to various degrees and its depth and breadth remain to be seen, as a high profile next generation WTO plus Agreement. CETA may well become a model for future mega regionals, for reasons of its new model and scope. It is quite significant that CETA and the Transatlantic Trade and Investment Partnership (TTIP) are treated as related agreements. TTIP and TPP signified a shift towards the regulatory structures of the so-called mega regionals. The evolution of CETA as a survivor of a new form of second generation free trade agreement achieves all the more prominence for its efforts. As a result, while modest enough in relative terms in contrast with TTIP or CETA it is still an important effort to integrate developed legal orders and construct new configurations of global governance. This account thus considers the nature and substance of CETA. Section I the background to the CET...
The negotiation and conclusion of the Anti-Counterfeiting Trade Agreement (ACTA) has generated fi... more The negotiation and conclusion of the Anti-Counterfeiting Trade Agreement (ACTA) has generated fierce controversy and political protest around the globe. Its main aim is the improvement of the domestic enforcement of intellectual property (IP) rights. This paper analyzes in detail the secretive negotiation process and controversial substantive features of ACTA that have led to global political resistance. It considers the legal issues that the treaty brings to the key signatories, both substantively and procedurally: the European Union (EU) and the United States (U.S.), thereby considering international, supranational and domestic legal questions. This includes an examination of the changes that ACTA brings to the Agreement on TradeRelated Aspects of Intellectual Property Rights (TRIPS), whether ACTA complies with the existing EU legislation on copyright appropriately (EU acquis) and questions surrounding the constitutionality of ACTA under U.S. Constitutional law. We argue that the...
The Global Reach of EU law is charted in literature over several decades and is distinctively dev... more The Global Reach of EU law is charted in literature over several decades and is distinctively developed often by US and Swiss-based authors as much as from EU-based authors/ scholars across a range of disciplines rendering it a rich field of global thought. Its development by authors outside of the EU in its analysis often of third countries also has the advantage of bringing added global value as ‘external thought’ or ‘thinking’ to current debates. The essence of the phenomenon of the global reach of EU law is that the laws, rules and standards governing the single market constitute homogenous forms of regulation for a vast range of subject areas governing a bloc of half a billion consumers and traders are sufficiently desirable that many third countries adopt them as takers; alternatively, traders, businesses, companies, associations, countries receive them or are subjected to them, compelled to or otherwise. Thus, the global reach of EU law encompasses the perceived ‘spillover’ e...
Variable geometry may constitute an entity that appears to be constantly evolving through the Tre... more Variable geometry may constitute an entity that appears to be constantly evolving through the Treaties, however, the UK and Ireland, together with Denmark, appear to be its principal beneficiaries thereof, obtaining positions that new accession States are unable to achieve and thus generating lopsided contours to the phenomenon. The opt-out/in provisions ostensibly indicate an outward constitutional stance of isolation towards further and deeper integration and seem to have generated much legal even political incoherence.The paper analyses in detail the impact of the Protocols upon the international relations agreements of the EU, particularly their operation in the specific case of EU-US relations, on the basis of the practice that has developed since the entry into force of the Treaty of Lisbon. Nevertheless, this variable geometry does not in recent years appear to have complicated the negotiation of international agreements dealing with criminal justice and policing measures. Ev...
Case C350/12 P Council of the European Union v. Sophie in't Veld Judgment of the Court (First... more Case C350/12 P Council of the European Union v. Sophie in't Veld Judgment of the Court (First Chamber) of 3 July 2014
By taking the EU Cyber Strategy as a case in point, this contribution examines how the distinctio... more By taking the EU Cyber Strategy as a case in point, this contribution examines how the distinction between external and internal security in contemporary EU law manifests itself in large-scale risk regulation and in particular, how the EU relies upon external norms to regulate risk. This article also maps the evolution of the rule-making processes themselves.
This article argues that Transatlantic Trade and Investment Partnership (TTIP) negotiations have ... more This article argues that Transatlantic Trade and Investment Partnership (TTIP) negotiations have a positive legal story worth recounting as to the effects of the negotiations upon the European Union (EU) legal order. The article explores the negotiation of EU international agreements as a specific field of law and considers how the TTIP negotiations overall contribute to the politicization of the EU through shifts in legal practice on the part of all major institutional actors to EU international relations in changes to approach, procedure and actions. It uses the metric of responsiveness to measure or chart the former, considering the responses as actually practiced by institutional actors in law to normative concerns arising. It considers these practices across a range of actors, specifically the European Commission, the European Parliament, the Ombudsman, the Committee of the Regions and the TTIP Advisory Group.
The article focuses on the output and incidence of international law in the adopted AFSJ law-maki... more The article focuses on the output and incidence of international law in the adopted AFSJ law-making for the period between 2009−14 and 2014−19, with particular emphasis upon asylum and immigration law. The article thus overall shows an initially rising but subsequently falling ‘international’ influence upon EU AFSJ directives and regulations. International law usage is significant even in times of populism or times of crisis-related law-making, particularly as to asylum and immigration law. However, the waning presence of international law also arguably indicates the development of the AFSJ as a booming legal field, where there is an operationalisation of a vast field of new actors, institutions, and systems through EU law. This account demonstrates how the EU shows a tangible intent to permit the influence of international law upon the AFSJ which supports well its general efforts to participate and engage as a global legal actor.
This paper outlines an exploratory workshop at City Law School, City, University of London funded... more This paper outlines an exploratory workshop at City Law School, City, University of London funded by HEIF/ ‘EUTIP’ Marie Sklodowska-Curie Innovative Training Network (ITN) on understanding of the EU as a Good Global Actor.1 The EU has as its mission to be a good global governance actor yet is continuously challenged in the world. As a global actor, the EU is both a weak and strong actor in a divergent range of global governance areas. It is not comparable to study the EU as a global trade actor for example to its efforts in human rights, data, cyber or the environment. EU international relations constitutes arguably a booming field of law where the EU appears often to be a victim of its own success. The range of the subjects and objects of EU law continues to expand and the EU is arguably increasingly a victim of its own success, increasingly taking decisions with impacts on third countries or parties, subjecting more entities to sanctions regimes, being bound to consult more entiti...
Transparency continues to occupy a patchy and uneven place in EU and US relations in key economic... more Transparency continues to occupy a patchy and uneven place in EU and US relations in key economic and regulatory areas. This patchiness plays out in a variety of ways including in downgrading by the US of the EU in diplomatic and regional standing albeit non-expressly in recent times. The chapter explores the shifts in practices on transparency in EU-US cooperation from a legal perspective. It focuses on EU-US trade negotiations and data transfer cooperation. Transparency provides a useful point of departure as it is a common value and instrument for the US and EU, yet one that seems to be utilised very differently. Transatlantic relations increasingly show a tension between the government to government model of transparency. In the EU-US data protection regime of the Privacy Shield a complex constellation of subjects is emerging and its genuine enforcement appears open to significant doubt. In trade, the European Parliament increasingly attempts to participate and involve citizens’...
The essence of the phenomenon of the global reach of EU law is that the laws, rules and standards... more The essence of the phenomenon of the global reach of EU law is that the laws, rules and standards governing the single market constitute homogenous forms of regulation for a vast range of subject areas, governing a bloc of half a billion consumers and traders, are sufficiently desirable that many third countries adopt them as takers . Alternatively, traders, businesses, companies, associations, countries receive them or are subjected to them, compelled to or otherwise. The paper argues that a significantly overlooked point as to the future of the UK in the Brexit negotiations with the EU is that, irrespective of the outcome of the negotiations, the UK will inevitably become subject to this phenomenon .
The EU-Canada Economic and Trade Agreement (CETA) provides for the free movement of goods, person... more The EU-Canada Economic and Trade Agreement (CETA) provides for the free movement of goods, persons and capital to various degrees and its depth and breadth remain to be seen, as a high profile next generation WTO plus Agreement. CETA may well become a model for future mega regionals, for reasons of its new model and scope. It is quite significant that CETA and the Transatlantic Trade and Investment Partnership (TTIP) are treated as related agreements. TTIP and TPP signified a shift towards the regulatory structures of the so-called mega regionals. The evolution of CETA as a survivor of a new form of second generation free trade agreement achieves all the more prominence for its efforts. As a result, while modest enough in relative terms in contrast with TTIP or CETA it is still an important effort to integrate developed legal orders and construct new configurations of global governance. This account thus considers the nature and substance of CETA. Section I the background to the CET...
The negotiation and conclusion of the Anti-Counterfeiting Trade Agreement (ACTA) has generated fi... more The negotiation and conclusion of the Anti-Counterfeiting Trade Agreement (ACTA) has generated fierce controversy and political protest around the globe. Its main aim is the improvement of the domestic enforcement of intellectual property (IP) rights. This paper analyzes in detail the secretive negotiation process and controversial substantive features of ACTA that have led to global political resistance. It considers the legal issues that the treaty brings to the key signatories, both substantively and procedurally: the European Union (EU) and the United States (U.S.), thereby considering international, supranational and domestic legal questions. This includes an examination of the changes that ACTA brings to the Agreement on TradeRelated Aspects of Intellectual Property Rights (TRIPS), whether ACTA complies with the existing EU legislation on copyright appropriately (EU acquis) and questions surrounding the constitutionality of ACTA under U.S. Constitutional law. We argue that the...
The Global Reach of EU law is charted in literature over several decades and is distinctively dev... more The Global Reach of EU law is charted in literature over several decades and is distinctively developed often by US and Swiss-based authors as much as from EU-based authors/ scholars across a range of disciplines rendering it a rich field of global thought. Its development by authors outside of the EU in its analysis often of third countries also has the advantage of bringing added global value as ‘external thought’ or ‘thinking’ to current debates. The essence of the phenomenon of the global reach of EU law is that the laws, rules and standards governing the single market constitute homogenous forms of regulation for a vast range of subject areas governing a bloc of half a billion consumers and traders are sufficiently desirable that many third countries adopt them as takers; alternatively, traders, businesses, companies, associations, countries receive them or are subjected to them, compelled to or otherwise. Thus, the global reach of EU law encompasses the perceived ‘spillover’ e...
Variable geometry may constitute an entity that appears to be constantly evolving through the Tre... more Variable geometry may constitute an entity that appears to be constantly evolving through the Treaties, however, the UK and Ireland, together with Denmark, appear to be its principal beneficiaries thereof, obtaining positions that new accession States are unable to achieve and thus generating lopsided contours to the phenomenon. The opt-out/in provisions ostensibly indicate an outward constitutional stance of isolation towards further and deeper integration and seem to have generated much legal even political incoherence.The paper analyses in detail the impact of the Protocols upon the international relations agreements of the EU, particularly their operation in the specific case of EU-US relations, on the basis of the practice that has developed since the entry into force of the Treaty of Lisbon. Nevertheless, this variable geometry does not in recent years appear to have complicated the negotiation of international agreements dealing with criminal justice and policing measures. Ev...
Case C350/12 P Council of the European Union v. Sophie in't Veld Judgment of the Court (First... more Case C350/12 P Council of the European Union v. Sophie in't Veld Judgment of the Court (First Chamber) of 3 July 2014
By taking the EU Cyber Strategy as a case in point, this contribution examines how the distinctio... more By taking the EU Cyber Strategy as a case in point, this contribution examines how the distinction between external and internal security in contemporary EU law manifests itself in large-scale risk regulation and in particular, how the EU relies upon external norms to regulate risk. This article also maps the evolution of the rule-making processes themselves.
This edited volume explores how we should understand the development of institutionalisation beyo... more This edited volume explores how we should understand the development of institutionalisation beyond the Nation State. It focuses largely but not exclusively upon a possibly ‘hard case’ of global governance, EU-US relations, long understood to be a non-institutionalised space, in light of recent legal and political developments in trade and data law. How should we reflect upon ‘progress’ as a narrative beyond the Nation State? What is the place of bottom-up led process? The lexicon and framework of institutionalisation is argued to be both important and a valuable one worthy of being developed out of the shadows of many disciplines. Institutionalisation may be the antithesis of the desired political outcome and simultaneously also the panacea for all harms. Contrariwise, it is a highly provocative lexicon in its own right for its capacity to provoke questions of sovereignty and sensitivity towards embedded institutionalised frameworks. Transatlantic relations provide a vivid multi-disciplinary example of the relationship between institutionalisation and private power and quest for new forms of institutionalisation across a range of subjects. Exploring ‘de-institutionalisation’ may not capture adequately developments taking place between the EU and US in trade and data privacy. A broader context of extreme volatility in the global legal order is arguably also difficult to capture and pin down as to its specific temporal or conceptual elements. Strong internationalised institutionalisation appears to constitute the outcome of the ‘trade’ casestudy whereas weak localised institutionalisation appears to constitute the outcome of the ‘data’ casestudy. Nonetheless, they both represent important evolving concepts of power, rights and authority beyond the State.
In Section 1, focussing upon Data Privacy, Moraes in a chapter entitled ‘The European Parliament and Transatlantic Relations’ demonstrates how the European Parliament plays a crucial role in transatlantic relations in a number ways, directly engaging in political dialogue, in the negotiation of international agreements and in scrutinising key dossiers at Committee level, in particular in the Civil Liberties, Justice and Home Affairs (LIBE) Committee.
Abazi, in a chapter (Chapter 2) entitled ‘Transparency in the Institutionalisation of Transatlantic Relations: Dynamics of Official Secrets and Access to Information in Security and Trade’, shows how some of the most significant challenges regarding parliamentary access to information in the EU arose because of cooperation with the US.
In Section II focussed upon data privacy, Tzanou in Chapter 3 entitled ‘The EU-US data privacy and counter-terrorism agreements: What lessons for transatlantic institutionalisation?’ explores institutionalisation dynamics in three specific sectors (EU-US PNR, EU-US TFTP and the Privacy Shield and a general data protection instrument (EU-US Umbrella Agreement) in the field of law enforcement and counter-terrorism.
The account of the multi-jurisdictional litigation of Austrian doctoral student Max Schrems was outlined in Chapter 4 by Mann in ‘The Max Schrems Litigation: A Personal Account’ in his own words. His remarkable story whereby he instituted some of the most significant litigation in history on data protection whilst a law student is recounted, outlining the motivations, privacy challenges, cultural norms etc that compelled him to take on a national data Protection Commissioner.
In Section III focussed upon Trade, Purnhagen in Chapter 5 entitled ‘Who recognises technical standards in TTIP?’ argues that distinctive views on technical standards in transatlantic trade agreements are of much normative and technical significance.
Using the casestudy Transatlantic business and Financial Services in TTIP, Jančić, in Chapter 6 ‘Institutionalising Transatlantic Business: Financial Services Regulation in TTIP’ takes an institutional analysis in international financial regulation forward.
Lenk in Chapter 7 entitled ‘Something borrowed, something new: the TTIP investment court – how to fit old procedures into new institutional design’ investigates the EU’s proposal for a TTIP Investment Court in the context of transatlantic institution building.
Titi in Chapter 8 entitled ‘Procedural Multilateralism and Multilateral Investment Court: Discussion in Light of Increased Institutionalism in Transatlantic Relations,’ reflects upon the growing malaise with multilateralism in international economic governance and an inclination for bilateralism and tailor-made solutions and also more generally the decline in economic regionalism.
Kleimann in Chapter 9 entitled ‘From Formal to Informal Institutional Change in EU Common Commercial Policy – The Case of the European Parliament’ examines the institutional framework governing the EU’s Common Commercial Policy (CCP). He draws attention to the role of informal rules and arrangements that have followed and complemented the reform of formal primary law institutions.
In Section IV on Global Governance, Finbow in Chapter 10 entitled ‘Can Trans-Atlantic trade relations be Institutionalized after Trump? Prospects for EU-US trade governance in the era of anti-globalist populism’, reflects upon the broader context of rising economic nationalism, populism and anti-globalisation.
Garcia in Chapter 11 entitled, ‘Building Global Governance one Treaty at a Time? A comparison of the US and EU approaches to preferential trade agreements and the challenge of TTIP’, charts the key aims and characteristics of EU and US preferential trade agreement policies since the reframing and curtailment in scope of trade negotiations at the WTO in the 2000s and considers how these have been integrated in bilateral preferential trade agreements. Thereafter the reader will find a very brief epilogue debate on the contents of the book by Wischmeyer entitled ‘Transatlantic Data Flow: Which Kind Of Institutionalisation?’ and Roes.
This edited volume explores how we frame the subjects and objects of contemporary European Union ... more This edited volume explores how we frame the subjects and objects of contemporary European Union (EU) law. The inquiry as to the subjects and objects of public international law is one long scorned upon as fruitless (e.g. Higgins, 1994). Nevertheless, it is a more revealing inquiry in EU law, which has explicitly sought to differentiate itself as a new legal order of public international law with a distinctive framing of its subjects and objects. As the EU’s internal and external competences have evolved, significant changes surround the subjects and objects of contemporary EU law. It may increasingly capture a broader range of actors and interests, intentionally and otherwise. The subjects and objects of EU regulatory frameworks thus raise fundamental issues as to the rule of law as well as the EU’s legitimacy in the wider world. While there may be hundreds of years of work across disciples on the self as subject, the object as an entity often appears as a neglected field of inquiry. The EU treaties and EU law jurisprudence alike reveal a quantifiable panoply of interests, actors, objects and subjects, scattered across them. The collaborative research effort presented in this volume is linked to three primary motifs or considerations in how we frame the subjects and objects of EU law: transformations, the external-internal nexus and crises as to EU law. This edited volume confronts the question how should we understand the dialectic between the subjects and objects in contemporary EU law? Can the objects of EU law so readily become its subjects? What are the normative parameters of the shift from subject to object and object to subject? How are new narratives understood within this dialectic ?
The EU strives to be a leading rule-making organisation with global reach in both economic and no... more The EU strives to be a leading rule-making organisation with global reach in both economic and non-economic fields. But how should we understand the science behind this? This book focuses upon unpacking the uncertainty, the form and directions of the global reach of EU law, as a distinctive form of post-national rule-making. The work examines two central themes: the conceptual development of the global reach and effects of EU law; and the methodology of EU rule-making processes. It considers what specific impact and effects the EU’s rules are having, and its approach to global reach. The book studies the EU’s Area of Freedom, Security and Justice (AFSJ) as a case of a non-economic field offering examples of ways and means in which the global reach of EU law can manifest itself in an evolving and sensitive field. Using this casestudy, the book develops a sharper focus upon the ‘internal’ and ‘external’ elements of EU law which make up our understanding of the global reach of EU law and develops further why global reach is important as a scientific phenomenon.
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In Section 1, focussing upon Data Privacy, Moraes in a chapter entitled ‘The European Parliament and Transatlantic Relations’ demonstrates how the European Parliament plays a crucial role in transatlantic relations in a number ways, directly engaging in political dialogue, in the negotiation of international agreements and in scrutinising key dossiers at Committee level, in particular in the Civil Liberties, Justice and Home Affairs (LIBE) Committee.
Abazi, in a chapter (Chapter 2) entitled ‘Transparency in the Institutionalisation of Transatlantic Relations: Dynamics of Official Secrets and Access to Information in Security and Trade’, shows how some of the most significant challenges regarding parliamentary access to information in the EU arose because of cooperation with the US.
In Section II focussed upon data privacy, Tzanou in Chapter 3 entitled ‘The EU-US data privacy and counter-terrorism agreements: What lessons for transatlantic institutionalisation?’ explores institutionalisation dynamics in three specific sectors (EU-US PNR, EU-US TFTP and the Privacy Shield and a general data protection instrument (EU-US Umbrella Agreement) in the field of law enforcement and counter-terrorism.
The account of the multi-jurisdictional litigation of Austrian doctoral student Max Schrems was outlined in Chapter 4 by Mann in ‘The Max Schrems Litigation: A Personal Account’ in his own words. His remarkable story whereby he instituted some of the most significant litigation in history on data protection whilst a law student is recounted, outlining the motivations, privacy challenges, cultural norms etc that compelled him to take on a national data Protection Commissioner.
In Section III focussed upon Trade, Purnhagen in Chapter 5 entitled ‘Who recognises technical standards in TTIP?’ argues that distinctive views on technical standards in transatlantic trade agreements are of much normative and technical significance.
Using the casestudy Transatlantic business and Financial Services in TTIP, Jančić, in Chapter 6 ‘Institutionalising Transatlantic Business: Financial Services Regulation in TTIP’ takes an institutional analysis in international financial regulation forward.
Lenk in Chapter 7 entitled ‘Something borrowed, something new: the TTIP investment court – how to fit old procedures into new institutional design’ investigates the EU’s proposal for a TTIP Investment Court in the context of transatlantic institution building.
Titi in Chapter 8 entitled ‘Procedural Multilateralism and Multilateral Investment Court: Discussion in Light of Increased Institutionalism in Transatlantic Relations,’ reflects upon the growing malaise with multilateralism in international economic governance and an inclination for bilateralism and tailor-made solutions and also more generally the decline in economic regionalism.
Kleimann in Chapter 9 entitled ‘From Formal to Informal Institutional Change in EU Common Commercial Policy – The Case of the European Parliament’ examines the institutional framework governing the EU’s Common Commercial Policy (CCP). He draws attention to the role of informal rules and arrangements that have followed and complemented the reform of formal primary law institutions.
In Section IV on Global Governance, Finbow in Chapter 10 entitled ‘Can Trans-Atlantic trade relations be Institutionalized after Trump? Prospects for EU-US trade governance in the era of anti-globalist populism’, reflects upon the broader context of rising economic nationalism, populism and anti-globalisation.
Garcia in Chapter 11 entitled, ‘Building Global Governance one Treaty at a Time? A comparison of the US and EU approaches to preferential trade agreements and the challenge of TTIP’, charts the key aims and characteristics of EU and US preferential trade agreement policies since the reframing and curtailment in scope of trade negotiations at the WTO in the 2000s and considers how these have been integrated in bilateral preferential trade agreements.
Thereafter the reader will find a very brief epilogue debate on the contents of the book by Wischmeyer entitled ‘Transatlantic Data Flow: Which Kind Of Institutionalisation?’ and Roes.