Within the framework of its commercial strategy, the EU places increasing emphasis on (both environmental and social) sustainability, as confirmed by the inclusion, within the most recently concluded free trade agreements (so-called new generation agreements), of specific commitments on sustainable development. The extension of cooperation to issues other than those that characterise traditional free trade agreements raises, however, from the perspective of EU law, significant questions regarding the existence, within the EU, of the necessary competences and, in particular, the respect of the prerogatives of Member States. This paper therefore aims to provide an analysis of the chapters of the agreements concluded, to date, with Asia partners dedicated to sustainable trade, with a view to ascertaining whether - as the ECJ pointed out in Opinion 2/15 with specific reference to the treaty concluded with Singapore - it is possible (and, if so, under what conditions) to bring these commitments within the a priori exclusive competence that the EU enjoys in matters of common commercial policy.
Commercio e sviluppo sostenibile negli accordi preferenziali di nuova generazione con i partner asiatici alla prova delle competenze esterne dell’UE
Chiara Gambino
2024-01-01
Abstract
Within the framework of its commercial strategy, the EU places increasing emphasis on (both environmental and social) sustainability, as confirmed by the inclusion, within the most recently concluded free trade agreements (so-called new generation agreements), of specific commitments on sustainable development. The extension of cooperation to issues other than those that characterise traditional free trade agreements raises, however, from the perspective of EU law, significant questions regarding the existence, within the EU, of the necessary competences and, in particular, the respect of the prerogatives of Member States. This paper therefore aims to provide an analysis of the chapters of the agreements concluded, to date, with Asia partners dedicated to sustainable trade, with a view to ascertaining whether - as the ECJ pointed out in Opinion 2/15 with specific reference to the treaty concluded with Singapore - it is possible (and, if so, under what conditions) to bring these commitments within the a priori exclusive competence that the EU enjoys in matters of common commercial policy.
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