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Linking Trade and Non-Commercial Interests: the EU As a Global Role Model? CENTRE for the LAW of EU EXTERNAL RELATIONS

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Linking Trade and Non-Commercial Interests: the EU As a Global Role Model? CENTRE for the LAW of EU EXTERNAL RELATIONS Linking trade and non-commercial interests: the EU as a global role model? the EU as a global role interests: Linking trade and non-commercial CENTRE FOR THE LAW OF EU EXTERNAL RELATIONS Founded in 2008, the Centre for the Law of and prosperity and is carried out along the fol- EU External Relations (CLEER) is the first au- lowing transversal topics: thoritative research interface between academia • the reception of international norms in the EU and practice in the field of the Union’s external legal order; relations. CLEER serves as a leading forum for • the projection of EU norms and impact on the debate on the role of the EU in the world, but its development of international law; most distinguishing feature lies in its in-house re- • coherence in EU foreign and security policies; search capacity, complemented by an extensive • consistency and effectiveness of EU external network of partner institutes throughout Europe. policies. Goals CLEER’s research focuses primarily on four • To carry out state-of-the-art research leading cross-cutting issues: Linking trade and non-commercial interests: to offer solutions to the challenges facing the • the fight against illegal immigration and crime; EU in the world today. • the protection and promotion of economic and the EU as a global role model? • To achieve high standards of academic excel- financial interests; lence and maintain unqualified independence. • the protection of the environment, climate and • To provide a forum for discussion among all energy; stakeholders in the EU external policy pro- • the ability to provide military security. T. Takács, A. Ott and A. Dimopoulos cess. • To build a collaborative network of researchers Network (eds.) and practitioners across the whole of Europe. CLEER carries out its research via the T.M.C. • To disseminate our findings and views through Asser Institute’s own in-house research pro- a regular flow of publications and public gramme and through a collaborative research events. network centred around the active participation of all Dutch universities and involving an expand- Assets ing group of other highly reputable institutes and • Complete independence to set its own re- specialists in Europe. search priorities and freedom from any outside influence. Activities • A growing pan-European network, comprising CLEER organises a variety of activities and research institutes and individual experts and special events, involving its members, partners practitioners who extend CLEER’s outreach, and other stakeholders in the debate at national, provide knowledge and practical experience EU- and international level. and act as a sounding board for the utility and CLEER’s funding is obtained from a variety of feasibility of CLEER’s findings and proposals. sources, including the T.M.C. Asser Instituut, project research, foundation grants, confer- CLEER Research programme ences fees, publication sales and grants from CLEER’s research programme centres on the the European Commission. EU’s contribution in enhancing global stability WORKING PAPERS WORKING CENTRE FOR THE LAW OF EU EXTERNAL RELATIONS T.M.C. Asser Instituut inter-university research centre 2013/4 CLEER is hosted by the T.M.C. Asser Instituut, Schimmelpennincklaan 20-22 E-mail: [email protected] 2517 JN, The Hague, The Netherlands Website: http://www.cleer.eu CLEER WORKING PAPERS 2013/4 Linking trade and non-commercial interest: the EU as a global role model? CENtRE fOR thE Law Of EU ExtERNAL RELAtIONS Linking tRadE and non-CommERCiaL intEREsts: thE EU as a gLobaL RoLE modEL? tamaRa takáCs andREa ott angELos dimopoULos (eds.) CLEER WORKING PAPERS 2013/4 1 CLEER WORKING PAPERS 2013/4 CLEER WORKING PAPERS 2013/4 Gosalbo Bono governing board / board of editors Prof. fabian Amtenbrink (Erasmus University Rotterdam) Prof. Steven Blockmans (CEPS/University of Amsterdam) Dr. Wybe Douma (t.M.C. Asser Institute) Prof. Christophe hillion (SIEPS/University of Leiden) Dr. Andrea Ott (Maastricht University) Dr. tamara takács (t.M.C. Asser Institute) Prof. Ramses Wessel (University of twente) associate editors Dr. Christina Eckes (University of Amsterdam) Dr. ton van den Brink (Utrecht University) Dr. Ester herlin-Karnell (VU University, Amsterdam) Prof. Dr. Dimitry Kochenov (Groningen University) Jan-Willem van Rossem (Utrecht University) Dr. Angelos Dimopoulos (tilburg University) Dr. Nikos Skoutaris (London School of Economics and Political Science) Dr. henri de Waele (Radboud University, Nijmegen) Prof. Dr. Peter Van Elsuwege (Ghent University) Dr. Bart Van Vooren (University of Copenhagen) Dr. Andrés Delgado Casteleiro (Durham University) Editor-in-Chief/academic programme coordinator Dr. tamara takács (t.M.C. Asser Institute) Editorial policy the governing board of CLEER, in its capacity as board of editors, welcomes the submission of working papers and legal commentaries (max. 40,000 resp. 4.000 words, incl. footnotes, accompanied by keywords and short abstracts) at [email protected]. CLEER applies a double- blind peer review system. When accepted, papers are published on the website of CLEER and in 100 hard copies with full colour cover. this text may be downloaded for personal research purposes only. Any additional reproduction, whether in hard copy or electronically, requires the consent of the author(s), editor(s). If cited or quoted, reference should be made to the full name of the author(s), editor(s), the title, the working paper or other series, the year and the publisher. the author(s), editor(s) should inform CLEER if the paper is to be published elsewhere, and should also assume responsibility for any consequent obligation(s). ISSN 1878-9587 (print) ISSN 1878-9595 (online) © Contributors Printed in the Netherlands t.M.C. Asser Institute P.O. Box 30461 2500 GL the hague the Netherlands www.cleer.eu 2 Linking trade and non-commercial interest: the EU as a global role model? ContEnts List of abbreviations 5 List of contributors 7 Introduction 9 Integrating human rights into EU trade relations – the EU as a global role model? 15 Ernst-Ulrich Petersmann Civil society engagement and linkages in EU trade policy 27 Yorgos Altintzis Social norms in EU bilateral trade agreements: a comparative overview 35 Lore Van den Putte, Fabienne Bossuyt, Jan Orbie and Ferdi De Ville human rights, corporate social responsibility and the shaping of the European Union’s linkage strategy: ‘a peaceful revolution’? 49 Aurora Voiculescu Integrating non-trade objectives in the oncoming EU investment policy: What policy options for the EU? 65 Anna De Luca third-country goods in the Internal Market: Some Issues 83 Laurence W. Gormley EU trade Policy as the continuation of Internal Market Policy by other means 93 Ferdi De Ville 3 CLEER WORKING PAPERS 2013/4 CLEER WORKING PAPERS 2013/4 Gosalbo Bono Contents CONtENtS 3 List of ABBREVIAtIONS 5 List of contributors 7 Introduction Linking trade and non-commercial interests: the EU as a global role model? 9 tamara takács, Andrea Ott and Angelos Dimopoulos 9 INtEGRAtING hUMAN RIGhtS INtO EU tRADE RELAtIONS – 15 thE EU AS A GLOBAL ROLE MODEL? 15 Prof. Dr. Ernst-Ulrich Petersmann 15 1. MULtILEVEL tRADE GOVERNANCE IN thE EU: MORE thAN A REGIONAL MODEL? 15 2. thE EU’S hUMAN RIGhtS APPROACh: A MODEL fOR thE ‘INDIVISIBILIty’ Of hUMAN RIGhtS? 17 3. thE EU AS A MODEL fOR ‘hUMAN RIGhtS COhERENCE’ Of IEL? 19 4. hAVE EU hUMAN RIGhtS CLAUSES BEEN EffECtIVE? 22 5. CAN hUMAN RIGhtS ‘RUN LIKE A Silver thREAD’ thROUGh EU fOREIGN POLICIES WIthOUt RESPECt fOR ‘RULE Of Law’? 24 6. CONCLUSION 25 Civil society engagement and linkages in EU trade policy 27 yorgos Altintzis 27 1. INtRODUCtION 27 2. thE EU’S INtERACtION WIth CIVIL SOCIEty ON tRADE POLICy 28 3. DOMEStIC ADVISORy GROUPS (DAGS) AND CIVIL SOCIEty fORA (CSfS) 29 3.1. Institutional arrangements of the EU-Korea DAG 29 3.2. the working programme of the EU-Korea DAG 31 3.3. Overall evaluation of the EU-Korea DAG and the future of civil society’s participation in the monitoring of free trade agreements 32 4. CONCLUSIONS 33 Social norms in EU bilateral trade agreements: A comparative overview 35 Lore Van den Putte, Jan Orbie, fabienne Bossuyt, ferdi De Ville* 35 I INtRODUCtION 35 II SCOPE, ENfORCEABILIty AND PROMOtION 36 1. Scope: how ambitious are the social norms? 37 2. Enforceability: are social norms obligatory and how are disputes managed? 38 3. Promotion: do non-state actors promote social norms? 40 III A comparatIVE ANALySIS 41 1. The early phase: from EuroMed to Chile 41 Scope 41 2. The new generation of trade agreements 44 IV CONCLUSIONS 47 hUMAN RIGhtS, CORPORAtE SOCIAL RESPONSIBILIty AND thE ShAPING Of thE EUROPEAN UNION’S LINKAGE StRAtEGy: ‘A PEACEFUL REVOLUTION’? 49 Aurora Voicelescu* 49 1. INtRODUCtION 49 2. LINKAGE ISSUES AND NORMAtIVE tENSIONS 50 3. thE EU’S INStItUtIONAL LINKAGE POtENtIAL AND ChALLENGES 55 3.1. Constitutionalising linkages? 57 3.2. the dynamics of the EU domestic and regional debate 58 3.3. the linkage discourse and the EU conceptual dynamics 60 4. CONCLUSIONS 64 Integrating non-trade objectives in the oncoming EU investment policy: What policy options for the EU? 65 Anna De Luca 65 1. INtRODUCtION 65 2. thE POSItION Of thE COMMISSION 67 3. thE POSItION Of thE Council 69 4. thE POSItION Of thE EP 71 5. BALANCING INVEStMENt PROtECtION AND NON-tRADE values IN thE INVEStMENt ChAPtERS IN EU ftAS WIth CANADA, SINGAPORE, AND india 73 6. thE RULEMAKING OPtIONS DISCUSSED At thE EU Level 74 7. SOME CONCLUDING REMARKS ON thE CONtRACtING PARtIES’ RIGht tO REGULAtE 79 third-country goods in the Internal Market: Some Issues 83 Laurence W. Gormley 83 1. INtRODUCtION 83 2. thE APPROACh tO thIRD-COUNtRy GOODS 83 3. MUtUAL ACCEPtANCE AND thIRD-COUNtRy GOODS 86 4. thIRD COUNtRy GOODS AND PUBLIC PROCUREMENt 87 5. CONCLUDING observatIONS 91 EU tRADE POLICy AS thE CONtINUAtION Of INtERNAL MARKEt POLICy By OthER MEANS 93 ferdi De Ville 93 1.
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