EU Trade and Investment Treaty-Making Post-Lisbon: Moving Beyond Mixity (Modern Studies in European Law)

This book offers the first thorough legal analysis of the practice of mixity since the Lisbon Treaty, providing the perspectives of international, EU, and national law. It sets out a detailed theoretical understanding of mixity, the common commercial policy, and the recent case law of the EU Court of Justice. It assesses recent practice and current challenges, such as the non-ratification of mixed agreements, ensuring parliamentary participation in EU treaty-making, the new architecture for concluding EU trade and investment agreements, as well as the new trade agreement between the EU and the UK post-Brexit. In so doing, the author argues that in the field of trade and investment, mixity is no longer a procedural technique to overcome legal uncertainties about competence allocations between the EU and the Member States. Instead, mixity has become a deliberate substantive design choice. This brings a fresh and innovative perspective to a key tenet of EU external relations law. Acknowledgements Contents Terms and Abbreviations Table of Figures Table of Cases Table of Treaties, Legislation and Practice 1. Introduction I. Mixity II. Mixity and the EU's Bilateral Trade Agenda III. The Evolution of Mixity in EU Trade and Investment Policy IV. The Rationale for Mixity V. Objectives, Limitations and Structure PART I: TREATY-MAKING POWER 2. The Character of EU International Agreements I. Introduction II. Mandatory EU-Only Agreements III. Mandatory Mixed Agreements IV. Facultative Mixity V. Limits to Facultative Mixity VI. Conclusion 3. Allocation of EU Trade and Investment Competence I. Introduction II. Categorising and Delimitating Trade and Investment Competence III. The Reach of EU Exclusivity Post-Lisbon IV. Limits to EU Exclusivity Post-Lisbon V. Conclusion PART II: TREATY-MAKING PROCEDURE 4. International and EU Law I. Introduction II. Negotiations III. Signature and Conclusion IV. Provisional Application V. Entry into Force VI. Conclusion 5. National Constitutional Law and National Parliaments I. Introduction II. Negotiations of EU-Only Agreements III. Negotiations of Mixed Agreements IV. The Signature and Conclusion of EU-Only Agreements V. The Signature and Conclusion of Mixed Agreements VI. The Provisional Application of Mixed Agreements VII. National Constitutional Review VIII. Conclusion PART III: THE INTERRELATIONSHIP BETWEEN TREATY-MAKING POWER AND PROCEDURE 6. The Non-ratification of Bilateral Mixed Trade and Investment Agreements I. Introduction II. Non-ratification and Bilateral Mixity III. Provisional Application IV. Separating National Ratification Procedures V. Loyal Cooperation VI. Reservations VII. Incomplete Mixity VIII. Re-designing Entry into Force Clauses IX. Conclusion 7. The New Architecture I. Introduction II. The General Formula III. The New Architecture in Practice IV. Procedural Adjustments V. Prospects of Non-ratification VI. Conclusion 8. The EU-UK Trade and Cooperation Agreement I. Introduction II. Negotiations III. Signature and Conclusion IV. Provisional Application V. The Role of National Parliaments VI. Conclusion 9. Conclusion Moving Beyond Mixity I. Mixity as a Substantive Design Choice II. More Power, More Unity, More Effectiveness III. Less Scope for Mixity IV. More Deliberate Political Choices V. More Parliamentary and National Constitutional Control VI. Moving Beyond Mixity Bibliography Index