Table of Contents

Global Governance through Trade

Global Governance through Trade

EU Policies and Approaches

Leuven Global Governance series

Edited by Jan Wouters, Axel Marx, Dylan Geraets and Bregt Natens

The 'new generation' of EU trade policies aims to advance public goods - such as promoting sustainable development, protecting human rights and enhancing governance in third states. These developments raise important questions surrounding extraterritoriality, coherence and legitimacy. In Global Governance through Trade leading scholars provide a cohesive overview of relevant papers and case studies to answer these questions and provide an in-depth assessment of the European Union's new trade policies.

Chapter 6: The climate change norms under the EU-Korea Free Trade Agreement: between soft and hard law

Nicolas A. J. Croquet

Subjects: law - academic, international economic law, trade law, regulation and governance, politics and public policy, international relations, regulation and governance

Extract

The European Union (EU or Union), 27 of its Member States and the Republic of Korea (the Contracting Parties) signed a Free Trade Agreement (FTA) on 6 October 2010 (the EU-Korea FTA or the Agreement), which was intended to have unlimited duration. This regional trade agreement (RTA) provisionally entered into force on 1 July 2011 pending the Member States’ ratification thereof. The signing of the EU-Korea FTA was preceded by the adoption of the Framework Agreement for Trade and Cooperation between the EU, its Member States and South Korea of 10 May 2010 (the 2010 Cooperation Agreement). Despite the EU-Korea FTA being presented as embodying a novel type of RTA because of its comprehensive nature, its direct climate change provisions (in Chapter 13) still enjoy a low degree of hard law normativity as a result of their generality, looseness, and policy-oriented and conditional language. This low degree of hard law normativity is confirmed by the provision of a non-adjudicatory dispute settlement mechanism limited to consultations and an institutionalized form of mediation.

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