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Recent Developments in EU Trade Law and Policy (LAW-RT-RECDEV-25)

LAW-RT-RECDEV-25

Description

Seminar aim and context
The aim of this seminar is to explore the legal dimensions of the most recent developments in the area of EU Trade Law and Policy. For the purpose of this seminar, EU Trade Law and Policy is understood as also covering investment law and policy.
The US-China trade war and the imposition by the Trump administration of "reciprocal" tariffs on allies and adversaries alike have caused global shock. In addition, US commitments related to NATO and defence have become uncertain, which has led Europeans to develop their own initiatives for rearming. There is an evident shift from multilateralism to unilateral moves and bilateral discussions. The EU is faced with tough legal and political decisions. From the adoption of unilateral trade instruments and the constant search for strategic trade and military autonomy, to the design of new EU Trade and Investment Agreements, the EU has been constantly searching to adopt and reframe its EU Trade Policy in order to be able to respond and to adjust to the current global changes.
Against this background, the seminar will address recent developments both in relation to the institutional aspects of EU Trade Law and Policy, as well as substantive aspects of EU trade and investment law and its enforcement.

Seminar structure
The seminar is structured in 4 sessions, 2.5 h each, during two consecutive weeks. The aim is to maximise the synthesis of EU Law and Policy, and to enable the participants to develop their own understanding of recent developments taking place within the EU. Each session addresses a key development at the EU level. Session 1 serves as an introduction to the EU Common Commercial Policy, the EU institutional framework and the decision-making process in relation to EU Trade Law and Policy. After this introduction, this session delves into the first development, that of the continuing growth of the role of the European Parliament in EU Treaty decision-making. Session 2 explores the EU's reactions to the recent “tariffs” wars and the recent developments within the EU to better organise internally and externally for swift reactions and settle future Trade negotiations. Session 3 is dedicated to EU Trade Agreements and how they are negotiated nowadays. A recent development in this regard consists of the way in which the EU leverages trade deals to address non-trade objectives in the context of global challenges. As such, the emphasis of this session would be provisions on Trade and Sustainable Development. Session 4 is dedicated to the EU's new approach to investment agreements, investment protection, and enforcement mechanisms. The concerns related to foreign direct investments from the EU into third countries, known as outbound investments, will also be discussed. Session 4 will also provide room for final discussions and conclusions regarding these recent developments and the way forward for the EU.

Learning outcomes 
The expected learning outcomes of this seminar are:

• A comprehensive understanding and knowledge of the EU, its institutions, competences, and legal doctrines;
• An in-depth knowledge of the functioning of the EU Common Commercial Policy and the decision-making process, including co-decision and EU treaty-making;
• A critical appreciation of the dynamic of the EU institutions' interactions and the shortcomings of the current framework;
• An ability to work with primary sources of law, such as legislation and judgements, and to reflect independently on their significance and interpretation;
• An ability to draw links between the constantly changing and adapting EU Trade Policy and global developments;
• An ability to put recent EU developments in the area of trade in their legal and political context;
• An ability to critically think and formulate well-founded opinions on salient EU trade-related issues, such as strategic autonomy, trade wars, EU FTAs, Trade and Sustainable Development, and the ISDS reform.

Teaching method
The seminar will be taught in an interactive way. For each class, a short reading list will be assigned. That reading list will include a list of questions to guide the reading and enable the researchers to participate actively in class discussions. The seminar does not require any formal seminar work to be completed.

Course reading list: https://readinglist.eui.eu/leganto/public/39EUI_INST/lists/2942280330008406?auth=SAML&idpCode=SAML_LEGANTO


First, Second & Third Term: registration from 22 to 26 September 2025

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