In this Briefing Paper, Erika Szyszczak, UKTPO Fellow and Professor Emerita of Law at the University of Sussex, offers an in-depth analysis of the Open Strategic Autonomy (OSA) policy. The EU continues to argue for multilateralism and a rules-based international order yet the effect of many of these measures could infringe international law and weaken the already perilous international legal order Read Briefing Paper 76: OPEN STRATEGIC AUTONOMY AS EU TRADE POLICY.

In this Briefing Paper, we look at the European Commission’s recently proposed unilateral measures for European Union trade security. Taken together, the Foreign Subsidies Regulation and the Anti-Coercion Instrument are aimed at enabling the Commission to counteract the distortive impact of ‘third country’ subsidies on EU business competitiveness; as well as to investigate and retaliate against the perceived use of economic coercion by foreign governments against the EU, its Member States and firms. While such policies may be primarily targeted at China, they would de facto apply to all third countries including Russia, the US, and the UK. While both measures would give the Commission wide discretion in their application, the Anti-Coercion Instrument would specifically allow it to bypass the World Trade Organization dispute settlement process and possible wider international law commitments. We conclude that with continuing geopolitical uncertainty for the rules-based global trade environment – compounded by the Covid-19 pandemic and the Russian invasion of Ukraine – the EU treads a careful line between the development of a specialist trade policy and a piecemeal approach in respect of the overarching restraints of Member States, international law commitments and other stakeholders’ fundamental rights. Read Briefing Paper 70: Trade and Security: The [...]

This Briefing Paper analyses the EU’s move towards a more defensive trade policy, which enhances enforcement powers and commits to including sustainable development, environmental and labour protection goals in trade agreements. The paper examines the Current Trade Disputes where the EU has commenced formal action under a Free Trade Agreement – against Algeria, Ukraine, the Southern African Union and South Korea – and discusses the EU’s review and enhancement of International Trade Dispute Mechanisms. Professor Szyszczak concludes that, until the WTO Appellate Structure is operational, the EU is setting the pace for international trade dispute resolution. Read Briefing Paper 55: EU ENFORCEMENT OF INTERNATIONAL TRADE RULES