EU Trade Law
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EU Trade Law

Rafael Leal-Arcas

This comprehensive book provides a thorough analytical overview of the European Union’s existing law and policy in the field of international trade. Considering the history and context of the law’s evolution, it offers an adept examination of its common commercial policy competence through the years, starting with the Treaty of Rome up until the Treaty of Lisbon, as a background for understanding the EU’s present role in the World Trade Organization (WTO) framework.
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Chapter 4: The Nice Treaty

Rafael Leal-Arcas


In November 2000, there were two options presented in the drafts for the new Treaty: (1) the inclusion of trade in services, investment, and intellectual property rights in Article 133(1) EC; and (2) the creation of a Protocol for the extension of Article 133 EC to the negotiation and conclusion of agreements on trade in services and intellectual property rights. In December 2000, option 1 became the basis for the final text in Nice, including an explicit reservation of Member State powers; option 2 (the creation of a Protocol) was rejected. Since the Protocol on WTO participation was also dropped, there is no agreement on a single procedure for all WTO negotiations, whether it is for issues of exclusive EU competence, shared competence or Member States’ competence.

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