Rafael Leal-Arcas



Both the European Community (EC) and its Member States agree that it is in their best interest to coordinate their action vis-à-vis the rest of the world in international trade agreements. Theory and Practice of EC External Trade Law and Policy looks at the intricacies of the institutional framework of EC trade law, and with special emphasis on services trade, examines the law and practice of EC
external trade relations from a policy, economic, legal and an overarching European constitutional perspective.

The objective of the author’s analysis is not only to find ways to nurture and preserve the unitary character of EC external trade relations in areas of shared competence between EU Member States and EU institutions, but also to understand the management of the EC’s external trade relations. The book begins with an analysis of the evolution of the EC common commercial policy, through which the author examines the checks and balances at the micro, meso and macro levels. The author then proceeds to analyse the problems faced by the EU in its external relations and the legal complexity of mixed agreements. This unique legal phenomenon is tackled from an intra-EC perspective as well as from an extra-EU perspective taking into account various implications for third parties.

The major EU institutions are examined: the Commission as the negotiator of international trade agreements, the role of the EU Council and the European Parliament in concluding and ratifying of agreements and the European Court of Justice in relation to judicial enforcement. The EU’s decision-making process in the trade arena and its relation with national institutions are examined.
The book concludes with an analysis of the EC’s contribution to the Doha Round in the area of services trade.

Theory and Practice of EC External Trade Law and Policy will prove useful to legal practitioners, judges, trade policy-makers, officials of international organis ations, national civil servants, academics, research institutions, and consumer groups who want to acquire or enhance their knowledge in this field of law. This book will also be useful to postgraduate and doctoral students of
international trade law and policy, international and European economic law, students of EU law, external relations law of the EU, WTO law, as well as students in international relations with an interest in international political economy.

Rafael Leal-Arcas is Lecturer in International Economic Law and EU Law at Queen Mary, University of London, where he acts as Deputy Director of Graduate Studies, and a member of the Madrid Bar. He is the author of more than 30 publications. He has been a Visiting Researcher at Harvard Law School and Fellow at the Real Colegio Complutense (Harvard University), an Emile Noël Fellow at New York University School of Law, a Fellow at the Australian National University, and a Visiting Scholar at the University of Wisconsin-Madison Law School. Rafael completed his graduate legal education at Stanford Law School, Columbia Law School, the London School of Economics and Political Science and the European University Institute. He has previously taught at the National
Law School of India University (Bangalore, India), where he was POROS Chair in European Union law, and the Universidade Federal Minas Gerais School of Law (Brazil). Rafael has been a visiting professor at the University of Vienna School of Law (Austria), as well as the University of Bahçe┼čehir and Istanbul Kültür University (Turkey).

Rafael has acted as a consultant to the World Trade Organization’s legal affairs division, has served in the United States Court of International Trade, and has clerked at the European Court of Justice as well as the Court of First Instance of the European Communities.  He was an intern at the European Commission General Secretariat, EU Council of Ministers Legal Service, European Parliament General Secretariat, United Nations Secretariat and the European Commission Delegation to the United Nations.

ISBN 13: 9781905017652

• Hardback • 2008 • £130.00