Enhancement and Enforcement of International Trade Rules: The EU Leads the Way
18 February 2021 Erika Szyszczak is Professor Emerita and a Fellow of the UKTPO. Traditionally, the legal enforcement of obligations was the Achilles heel of bilateral and multilateral international agreements. The EU has signalled that it wants to conduct international trade based upon the rule of law. The demise of the WTO Appellate body since 11 December 2019 has focused the EU into using and bolstering its own Dispute Resolution mechanisms in international trade agreements. The significance of this approach is seen in the Trade and Co-operation Agreement between the EU and the UK 2020, containing innovative procedures for rebalancing the trade elements of the TCA (and ultimately cancelling them) if one side changes its standards in ways that materially affect trade. Such rebalancing can be triggered in several circumstances, including via periodic reviews of the whole trade relationship. […]
