LAWSG166 EU Trade and External Relations Law
|LAWSG166: EU TRADE AND EXTERNAL RELATIONS LAW|
|Credit value:||30 credits (15 ECTS, 300 learning hours)|
|Convenor:||Gracia Marín Durán|
|Teaching Delivery:||20 x 2-hour weekly seminars, 10 seminars per term, Term One and Two|
|Who may enrol:||LLM students only|
|Prerequisites:||None. However, students who have never studied EU law are strongly recommended to do one of the preliminary readings listed below.|
|Must not be taken with:||None|
|Qualifying module for:||LLM in European Union Law;
LLM in International Law
|Introductory video||Currently there is no introductory video for this module|
|Practice Assessment:||Opportunity for feedback on one optional practice essay|
|Final Assessment:||One 4,500-word essay (70%) and one in-class oral presentation (30%)|
Particularly since the Treaty of Maastricht entered into force, the European Union (EU) has increasingly sought to develop its international identity and established itself as an ever more significant actor on the global stage. Most notably, the EU stands out as the largest integrated trading bloc in the world, the leading donor of development and humanitarian assistance, and an influential player in global environmental law/policy-making among other fields of international relations. And yet, the EU is not only an important international actor in economic and political terms, but also a sui generis entity from a legal and institutional perspective. This renders the study of EU trade and external relations at once a complex and fascinating subject, warranting a specialised full-year course.
The course is broadly divided into three parts. The first group of seminars will deal with the constitutional foundations of the EU as an actor in international relations which, as we will see, are quite intricate partly due to the fragmented Treaty structure (the Treaty on the European Union TEU; and the Treaty on the Functioning of the European Union, TFEU) and the very detailed provisions contained therein, and also because of the existence of an abundant and complicated body of case law in this field of EU activity. In particular, we will consider the following topics: the EU as an international actor with attributed competences; the legal principles and tools governing the joint action of the EU and its Member States on the international scene; and the inter-relationship between EU law and international law. Indeed, the latter will be a cross-cutting issue throughout the course, with international law providing the normative framework against which we will assess the legality and legitimacy of the Union’s external action.
The second group of seminars will focus on the constitutional framework and specific instruments of the Common Commercial Policy (CCP), which is the oldest and most developed EU external policy now covering not only trade and trade-related matters but also foreign direct investment (FDI). We will examine the evolution of the Treaty provisions on the CCP from Rome to Lisbon, the landmark judgements of the Court of Justice in this policy area, the EU’s role in the World Trade Organization (WTO) as well as its growing network of bilateral/inter-regional free trade agreements, its main autonomous trade instruments, and finally its fledging policy on FDI and the key legal/institutional challenges involved.
The third group of seminars will turn to explore other areas of EU’s external relations, while paying particular attention to how the CCP has interacted with, and been used to promote the objectives of, other EU policies, whether these are purely external in nature (such as Development Cooperation and the Common Foreign and Security Policy) or embody an important external dimension (such as the Common Fisheries Policy, Environmental/Energy Policies and Human Rights Policy). We will look at the Treaty-based linkages between the CCP and these other EU policies and appraise their interaction in practice through the lens of selected ‘case-studies’. Subsequently, we will reflect on the EU’s role in global monetary governance, and in particular on the controversial question of the external representation of the Eurozone at the International Monetary Fund (IMF). As could be expected, the last seminar in the course will be dedicated to the contemporary issue of Brexit and its specific implications for EU trade and external relations.
Upon completion of this course, students should have acquired:
This module will be structured as follows:
There is no single prescribed textbook for this course, as reading lists will be drawn from a variety of primary materials, books and journal articles. Module reading lists and other module materials will be provided via online module pages, once students have made their module selections upon enrolment.
Recommended textbooks, specifically dealing with the area of EU external relations law, are:
A fundamental resource for the course are the primary materials of the EU (treaties, international agreements, legislative acts and case-law), which can be freely downloaded from the following websites:
Students who have never studied EU law are strongly recommended to do one of the following preliminary readings before the start of the course: