Framing Convergence with the Global Legal Order: The EU and the World (Modern Studies in European Law)

This interdisciplinary book explores the concept of convergence of the EU with the global legal order. It captures the actions, law-making and practice of the EU as a cutting-edge actor in the world promoting convergence 'against the grain'. In a dynamic 'twist' the book uses methodology to reflect upon some of the most dramatically changing dimensions of current global affairs. Questions explored include: who and what are the subjects and objects of convergence as to the EU and the world? How do 'court-centric' and less 'court-centric' approaches differ? Can we use political science and international relations as 'service tools'? Four key themes are probed: - framing EU convergence; - global trade against convergence; - the EU as the exceptional internationalist; and - positioning convergence through methodology. Foreword by Anu Bradford Contents List of Contributors Introduction: On Framing Convergence of the EU with the Global Legal Order I. Framing the EU as a Global Convergence Actor II. A Global Legal Order against Convergence? III. Framing External Effects: Is EU Law more 'Inside-out' than 'Outside-in'? IV. Outline of Contributions in this Volume V. Conclusions PART I: FRAMING EU GLOBAL CONVERGENCE 1. The EU’s Free Trade and Investment Agreements: European Convergence with World Trade Law? I. Introduction II. EU Standards on Trade in Goods III. EU Standards on Investment IV. EU Standards on Services V. EU Standards on Competition, Procurement, Intellectual Property VI. EU Standards on Sustainable Development VII. Conclusion 2. Convergence through EU Unilateralism I. Introduction II. The EU and Multilateralism III. EU 'Unilateralism' IV. Conclusion 3. Converging Dual-Use Export Control with Human Rights Norms: The EU’s Responses to Digital Surveillance Exports I. Introduction II. Convergence with the EU's Commitment in its External Action III. Convergence with International Standards on Business and Human Rights IV. Divergence from International Human Rights Law V. Divergence from International Export Control Regimes VI. Conclusion: Between Convergence and Divergence 4. The EU and International Investment Agreements: To Diverge is to Converge I. Introduction II. European Support for Traditional Investment Agreements III. Convergence through Traditional Investment Agreements IV. A Rejection of Convergence via Intra-EU Agreements? The Achmea Case V. Limitation of Convergence through Extra-EU Agreements: Opinion 1/17 VI. Concluding Remarks 5. Epilogue: EU Global and Regional Convergence PART II: A GLOBAL LEGAL ORDER AGAINST CONVERGENCE? 6. Resistances to Global Convergence I. Introduction: Beyond Global Convergence II. Economy, Society and the Embeddedness of Legal Culture as Global Irritants III. Institutional Change and Administrative and Regulatory Path Dependencies IV. A Decolonisation and Racial Perspective to Eurocentric Convergence V. Democratic Resistance Beyond the 'Encasement' of Neoliberalism in Global Law VI. Conclusion 7. EU and US Regulatory Coherence in TTIP – Similarities and Differences I. Introduction II. Why was Regulatory Coherence so Important in TTIP? III. Progress of Negotiations IV. Comparing US and EU Approaches to Regulatory Cooperation V. Conclusions 8. EU External Relations and International Law: Divergence on Questions of ‘Territory’? I. Introduction II. Internal EU Territorial Issues III. The CJEU and External Territorial Implications of EU Law IV. Conclusion 9. The Global Compact on Migration: Convergence or Divergence with EU Policies? I. Introduction II. The Legal Effects of the Global Compact III. The Role of the EU in the Elaboration of the Global Compact IV. The Breach of the Unity in the International Representation of the EU V. The Implications of the Divergence among EU Member States as Regards the Global Compact VI. Concluding Remarks 10. Convergence and Divergence of the Principle of Solidarity I. Introduction II. The Principle of Solidarity III. Convergence or Divergence Trends as Regards the Principle of Solidarity 11. Epilogue: The EU as a Selective and Conflicted Converger PART III: WHEN IS EU LAW AND POLICY MORE ‘INSIDE-OUT’ THAN ‘OUTSIDE-IN’? 12. Regulatory Cooperation in EU FTAs: Linking Legalisation to Convergence I. Introduction II. Precision: Mapping the Subjects and Objects of Regulatory Cooperation III. Obligation: Enhancing Convergence of Processes IV. Delegation: (Not) Embracing Convergence Results V. Conclusion 13. Labour Standards in EU-Mexico Trade: An Assessment along Two Narratives of Convergence I. Introduction: Identifying the Two Narratives of Convergence II. Vertical Convergence: EU-Mexico FTA and International Labour Standards III. Horizontal Convergence: Human Rights and Rule of Law Approaches to Labour IV. Conclusions 14. Global Convergence through EU Value Chain Regulation and Voluntary Standards I. Introduction II. Using Standards in GVC Regulation III. Is there Convergence on the Ground? IV. Divergence with International Trade Obligations V. Conclusion 15. The EU Equivalence Regime as a Mechanism of Convergence: Financial Regulation and EU Law I. Introduction II. What is the EU Equivalence Regime? III. Equivalence as a Mechanism of Regulatory Convergence IV. What is the Required Level of Regulatory Convergence with EU Law to Third Countries? V. The Role of the Commission in the Management of Equivalence Policies: The Case of Switzerland VI. Limitations of the EU Equivalence Regime as a Convergence Mechanism VII. Changing the EU Equivalence Regime in View of Brexit VIII. Conclusion 16. ‘A Deep Trade Agenda’: The Convergence of Trade and Fundamental Rights I. Introduction II. The Methodological Challenges of Understanding and Exploring 'Deepness of Fundamental Rights' in EU Trade Agreements III. Convergence as a Methodological Device IV. Case Study: Convergence of Trade and Labour via Treaty Bodies and their Actors V. Conclusion Index The EU's free trade and investment agreements : European convergence with world trade law? / Frank Hoffmeister -- Convergence through EU unilateralism / Jed Odermatt -- Converging dual-use export control with human rights norms : the EU's responses to digital surveillance exports / Machiko Kanetake -- The EU and international investment agreements : to diverge is to converge / Mauro Gatti -- Epilogue : EU global and regional convergence / Michelle Egan -- Resistances to global convergence / Fernanda G Nicola -- EU and US regulatory coherence in TTIP - similarities and differences / David Henig -- EU external relations and international law : divergence on questions of 'territory' ? / Paul James Cardwell and Ramses A Wessel -- The global compact on migration : convergence or divergence with EU policies? / Juan Santos Vara and Laura Pascual Matellán -- Convergence and divergence of the principle of solidarity / Magdalena Forowicz - Epilogue : the EU as a selective and conflicted converger / Gabriel Siles-Brügge -- Regulatory cooperation in EU FTAs : linking legalisation to convergence / Kornilia Pipidi-Kalogirou -- Labour standards in EU-Mexico trade : an assessment along two narratives of convergence / Aakriti Bhardwaj and Jeff Kenner -- Global Convergence through EU Value Chain Regulation and Voluntary Standards / Enrico Partiti -- The EU equivalence regime as a mechanism of convergence : financial regulation and EU Law / Francesco Pennesi -- 'A deep trade agenda' : the convergence of trade and fundamental Rights / Isabella Mancini Présentation de l'éditeur : "This interdisciplinary book explores the concept of convergence of the EU in the global legal order. It captures the actions, law-making and practice of the EU as a cutting-edge actor in the world promoting convergence 'against the grain'. In a dynamic 'twist' the book uses methodology to reflect upon some of the most changing dimensions of current global affairs. Questions explored include: who and what are the subjects and objects of convergence as to the EU and the world? How do 'court-centric' and less 'court-centric' approaches differ? Can we use political science and international relations as 'service tools'? Four key themes are probed: - framing EU convergence - global trade against convergence - the EU as the exceptional internationalist - and framing convergence through methodology." "This interdisciplinary book explores the concept of convergence of the EU in the global legal order. It captures the actions, law-making and practice of the EU as a cutting-edge actor in the world promoting convergence 'against the grain'. In a dynamic 'twist' the book uses methodology to reflect upon some of the most changing dimensions of current global affairs. Questions explored include: who and what are the subjects and objects of convergence as to the EU and the world? How do 'court-centric' and less 'court-centric' approaches differ? Can we use political science and international relations as 'service tools'? Four key themes are probed: - framing EU convergence - global trade against convergence - the EU as the exceptional internationalist - and framing convergence through methodology"-- Provided by publisher