Positive Integration - Eu And Wto Approaches Towards The Trade And Debate 1st Ed. 2020

"This book presents a new framework for the 'trade and environment' debate and discusses the ways in which the EU and the WTO address this topic: positive, negative and non-integration. It analyses areas like food safety and renewable energy from the perspectives of legal and political science, and economics, and includes contributions focusing on various approaches, such as harmonisation, regulatory cooperation and judicialisation. In the 21st century, especially in our current times, where free trade and economic integration are increasingly being called into question, it is even more vital to find convincing normative answers and ways to address the very complex relationship between trade and environmental policies. Debunking some of the myths concerning positive and negative integration and the relationship between the two, this book is a valuable contribution to the debate on globalisation"--Provided by the publisher Contents 6 Contributors 7 Introduction-Positive Integration: EU and WTO Approaches Towards the `Trade and ́ Debate 10 1 Introduction 10 2 The `Trade and ́ Interlinkage 12 3 The Analytical Framework: Positive, Negative and Non-integration 13 4 The Analyzed Fields and the Guiding Questions 18 5 The Contributions 19 References 23 Bilateral Positive Integration: Different Strategies for Regulatory Cooperation in the TTIP 25 1 Introduction 26 2 Food Safety in Trade Agreements 29 2.1 Levels of Regulatory Cooperation 29 2.2 The Fundamental Role of the SPS Agreement 31 3 Focus on EU: Regulatory Food Safety Traditions in the EU 32 4 Focus on EU-US Differences in Food Safety Regulation 34 4.1 Bilateral Differences 35 4.1.1 Regulatory Differences 35 4.1.2 Differences That Led to WTO Disputes 36 4.2 Strategies for Regulatory Cooperation on Food Safety Matters 37 4.2.1 Similar Risk Assessment-Different Regulatory Approaches: Equivalence of Procedural Rules May Be the Solution 38 4.2.2 Different Risk Assessment-Different Regulatory Approaches: No Common Ground Possible, Compromises Necessary 39 4.2.3 No Common Ground, No Compromise: Still a Transparent and Open Debate About Different Food Safety Perceptions Necessary 40 5 Conclusion 40 References 41 The Role of Non-tariff Measures in the Agri-Food Sector: Positive or Negative Instruments for Trade? 43 1 Introduction 44 2 Trade of Agri-Food Products: A Global Perspective 45 3 Policy Instruments in Agri-Food Trade 48 4 The Trade Effect of Non-tariff Measures 60 4.1 A Theoretical Framework 60 4.2 Evidence from Empirical Literature 62 5 Conclusions 63 References 64 EU and WTO Regulatory Approaches to Renewable Energy Subsidies: Negative and Positive Integration 68 1 Introduction 69 2 A Common but Different Approach to Negative Integration 71 3 EU Approach to Positive Integration: Balancing the Trade-Distortive and Climate-Friendly Effects of Green Energy Subsidies 77 4 The Absence of a Balancing Mechanism in WTO Subsidy Law: Is It a Problem? 84 5 What, If Anything, May the WTO Learn from the EU? 88 6 Conclusions 91 References 92 Trade and Environment in the EU and WTO: Legitimacy, Proportionality and Institutional Power Play 94 1 Introduction 95 2 Balancing the Pursuit of Environmental Protection and Trade Liberalisation: Questions of Legitimacy 97 2.1 Unpacking the Layers of Legitimacy Tension 97 2.2 Conceptualisations of Legitimacy 98 2.3 The Significance of Administrative Power, Process and Function in Determining Legitimacy 99 3 The Significance of Contemporary Political Events 101 4 The Decision-Makers and Their Authority 102 4.1 The Court of Justice 102 4.2 The WTO Dispute Settlement Body (DSB) 103 4.3 The Scope of Adjudicative Authority of the Court of Justice and Appellate Body (AB) 104 5 Judicial Balancing of Trade and Environment: Mitigating the Legitimacy Questions? 105 5.1 The Court of Justice and Environmental Protection Based Trade Restrictions 106 5.1.1 Key Provisions of the Treaty on the Functioning of the European Union 106 5.1.2 Establishment and Early Application of the Rule of Reason 106 5.1.3 The Proportionality Test 107 5.1.4 Environmental Protection and the EU Internal Market 108 Essent II 115 5.1.5 The Significance of the EU Environmental Protection Objective and Proportionality 116 5.2 Trade and Environment in the WTO 118 5.2.1 The Key Legal Provisions 118 5.2.2 Applying Article XX: Unpacking the Tests 119 5.2.3 Weighing and Balancing: An Objective Evaluation 119 6 Conclusions 122 References 124 Adjudication and Positive Integration: The Role of the European Court of Justice and the Dispute Settlement Body in the ``Trad... 127 1 Introduction 128 2 Standing and Jurisdiction: The ECJ and the DSB 129 2.1 EU 130 2.2 DSB Proceedings 132 2.3 Assumptions for the General Role of the ECJ and the DSB 133 3 The Different Possible Roles of Courts 134 4 The Different Roles in DSB and ECJ Adjudication 138 4.1 Positive Integration Through Rule Enforcement 138 4.1.1 The ECJ 138 4.1.2 The DSB 139 4.2 Positive Integration Through Clarification of the Room to Manoeuvre of Member States 139 4.2.1 ECJ 139 4.2.2 DSB 141 4.3 The Role as Facilitator of Positive Integration 141 4.3.1 The ECJ 142 4.3.2 The DSB 143 5 Conclusion 146 References 147 Myths and Virtues of Positive and Negative Integration: Some Concluding Remarks 151 Front Matter ....Pages i-ix Introduction—Positive Integration: EU and WTO Approaches Towards the ‘Trade and’ Debate (Rike Krämer-Hoppe)....Pages 1-15 Bilateral Positive Integration: Different Strategies for Regulatory Cooperation in the TTIP (Christine Wieck, Bettina Rudloff)....Pages 17-34 The Role of Non-tariff Measures in the Agri-Food Sector: Positive or Negative Instruments for Trade? (Fabio G. Santeramo, Emilia Lamonaca)....Pages 35-59 EU and WTO Regulatory Approaches to Renewable Energy Subsidies: Negative and Positive Integration (Ilaria Espa, Gracia Marín Durán)....Pages 61-86 Trade and Environment in the EU and WTO: Legitimacy, Proportionality and Institutional Power Play (Emily Reid)....Pages 87-119 Adjudication and Positive Integration: The Role of the European Court of Justice and the Dispute Settlement Body in the “Trade and Environment” Debate (Rike Krämer-Hoppe)....Pages 121-144 Myths and Virtues of Positive and Negative Integration: Some Concluding Remarks (Piet Eeckhout)....Pages 145-147