The European Internal Market and International Trade: A Legal Analysis

The European Internal Market and International Trade: A Legal Analysis

The European Internal Market and International Trade: A Legal Analysis

The European Internal Market and International Trade: A Legal Analysis

Synopsis

Since 1988, when the EC Commission issued its proposal for a Second Banking Directive containing the infamous reciprocity clause, the subject of the external dimension of the European internal market has figured high on the agenda of both political and academic discussions of the future of Europe. The criticism that the EC is constructing a "European Fortress" may have abated, but numerous questions continue to be raised about the EC's external trade policies. This book complements existing works on the relationship between the internal market and international trade by providing, for the first time, a systematic legal analysis of the external dimension of various instruments aimed at completing the internal market. Although intended to be a contribution to the academic analysis of this subject, this work deals with many topical and concrete policies such as the EC/Japan automobile arrangement, the Common Market organization for bananas, CoCom export controls, bilateral aviation agreements, and public procurement. It will be of equal use to practicing lawyers, EC officials, and scholars of EC law.

Excerpt

The internal market is familiar to all those acquainted with the laws and policies of the European Community. But both in scholarship and in practice, the law and policy of the Community's trade with the rest of the world has been remarkably neglected. Such neglect is all the more surprising given the economic and commercial significance of the Community's vast share of world trade and the frequent controversies surrounding its trading role.

The Community's trade policy--the 'common commercial policy'--is of special interest in a legal context, since it is one of the few areas where the Community has exclusive competence--a competence which precludes unilateral action by the Member States acting individually. That exclusive competence, which the Community has now exercised for more than 25 years, has given rise to debate, but the debate has concerned above all the precise scope of the common commerical policy. That question is of political and constitutional concern because it marks the boundary between Community competence and the competence of the Member States. But emphasis on that question seems to have preempted debate on the substance of the issues.

This book redresses the balance. It puts issues of substance, across the whole range of the subject, squarely in the foreground. Its coverage is exceptionally wide-ranging: not only does it tackle comprehensively many areas of general importance such as the Community's regime governing trade in services, its import regime for trade in goods and its export policy; at the same time it highlights areas of particular interest or sensitivity. These include financial services and the issue of reciprocity; transport services and the test case of civil aviation; audiovisual and telecommunication services; and the delicate issues raised by the Community's import regime for sensitive products such as textiles and Japanese cars. Throughout the discussion, the author places each topic in its economic and legal context.

Acute analysis of the novel issues raised in these and many other areas will be found in this book. Its perspective, also, is original. It takes as its starting- point the process of completion of the internal market, and examines from that basis the issues raised by international trade in goods and services. This approach provides a systematic framework within which the author addresses each issue in turn, combining law and policy on questions of great importance and topicality.

The book is exceptionally timely. 1993 saw the culmination of developments in many directions: the European Union, the European Economic Area, the North American Free Trade Area and the Uruguay round of the GATT negotiations, as well as the completion of the internal market. Even . . .

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