The Pursuit of Sustainable Agriculture in EU Free Trade Agreements.

Intro -- The pursuit of sustainable agriculture in EU free trade agreements -- Copyright -- Acknowledgements -- Foreword -- Table of contents -- List of abbreviations -- Abstract -- Introduction -- Part 1. From sustainable development to sustainable agriculture: agricultural sustainability in the EU -- Chapter 1. Sustainable development and EU agricultural law -- 1.1 The concept of sustainable development and its relevance in EU law -- 1.1.1 The concept of sustainable development -- 1.1.2 Philosophical and legal theory on sustainable development -- 1.1.3 Sustainable development in the EU constitutional framework -- 1.2 Treaty foundations for EU agriculture: any space for sustainable development? -- 1.2.1 Treaty provisions on EU agriculture -- 1.2.2 Lack of reference to environmental considerations in the treaty objectives on EU agriculture: causes -- 1.2.3 Lack of reference to environmental considerations in the treaty objectives on EU agriculture: repercussions on the legal basis for secondary agricultural legislation - Article 43 TFEU -- 1.3 The principle of environmental integration (Article 11 TFEU) -- 1.3.1 Notion of the principle: applicability in EU external action, content and legal significance -- 1.3.2 The legal significance of the principle: judicial review -- 1.3.3 The legal significance of the principle: environmentally sound interpretation of EU agricultural legislation -- Chapter 2. In search of an EU model for sustainable agriculture -- 2.1 What is sustainable agriculture? -- 2.1.1 Notion of sustainable agriculture -- 2.1.2 What sustainable agriculture entails at farm level -- 2.1.3 How sustainable agriculture can be translated in legal standards -- 2.2 Sustainability in theory: the model chosen by the European Union to achieve sustainable agriculture.

2.2.1 In search of a European Model of Agriculture: retrospective on the CAP -- 2.2.2 Key features determining the European Model of Agriculture -- 2.2.3 The European Model of Agriculture today: analysis of the most recent EU policy documents -- 2.3 Sustainability in practice: how sustainable agriculture is pursued in the 2013 CAP reform -- 2.3.1 The 2013 CAP reform as a benchmark to assess the sustainability of EU external action -- 2.3.2 Environmental measures in the CAP 2014-2020 -- 2.3.3 Assessment of the environmental sustainability of the CAP 2014-2020. Prospects of reform of the CAP post-2020 -- Part 1. - Summary of findings -- Part 2. EU free trade agreements and the challenges for agricultural sustainability -- Chapter 3. EU free trade agreements in agricultural commodities in the context of the EU Common Commercial Policy -- 3.1 The notion of free trade agreements: political, economic and legal challenges. trade liberalisation in the agricultural sector -- 3.1.1 FTAs in their political and political economic dimension -- 3.1.2 FTAs in their relationship with WTO law. The regulation of sustainable agriculture in international trade law -- 3.1.3 The effects of trade liberalisation on sustainable agriculture -- 3.2 Free trade agreements in the context of EU trade policy: EU counterparts and types of agreements -- 3.2.1 EU FTAs in the context of the EU CCP -- 3.2.2 The nature of EU trade partners and their importance for EU FTAs -- 3.2.3 Types of FTAs: distinctions and classifications -- 3.3 Judicial review of EU external action: the 'sustainability test' -- 3.3.1 The conclusion of an FTA under EU law -- 3.3.2 Should EU principles applicable in union territory be necessarily pursued to the same extent in EU external action? -- 3.3.3 The 'sustainability test' in the case-law of the CJEU.

Chapter 4. Key issues for agricultural sustainability in FTAs -- 4.1 The 'trade and sustainable development (TSD)' chapter -- 4.1.1 TSD chapters: notion and purpose -- 4.1.2 Content and recurrent features of TSD chapters -- 4.1.3 How to review the effectiveness of TSD chapters -- 4.2 Regulatory cooperation -- 4.2.1 The pursuit of deep integration and approximation of laws -- 4.2.2 The paradigms of mutual recognition, equivalence and harmonisation -- 4.2.3 What form of regulatory cooperation is more suitable to foster sustainable agriculture in third country parties? -- 4.3 Enforcement mechanisms -- 4.3.1 Legal theory around enforcement. The first ambit: implementation -- 4.3.2 The second ambit: enforcement -- 4.3.3 The third ambit: dispute settlement mechanisms -- Part 2. - Summary of findings -- Part 3. EU free trade agreements and counterpart countries' sustainable agriculture: selected case studies -- Chapter 5. EU free trade agreements with developed countries: EU-Canada, EU-South Korea and EU-Ukraine -- 5.1 The Comprehensive Economic and Trade Agreement (CETA) between the EU and Canada -- 5.1.1 Presentation of the agreement and TSD chapter -- 5.1.2 Regulatory cooperation -- 5.1.3 Enforcement mechanisms -- 5.2 The EU-South Korea Free Trade Agreement -- 5.2.1 Presentation of the agreement and TSD chapter -- 5.2.2 Regulatory cooperation -- 5.2.3 Enforcement mechanisms -- 5.3 The Association Agreement between the EU and Ukraine -- 5.3.1 Presentation of the agreement and TSD chapter -- 5.3.2 Regulatory cooperation -- 5.3.3 Enforcement mechanisms -- Chapter 6. EU free trade agreements with developing countries: EU-Chile, EU-SADC and EU-Vietnam -- 6.1 The Association Agreement between the EU and Chile -- 6.1.1 Presentation of the agreement and TSD chapter -- 6.1.2 Regulatory cooperation -- 6.1.3 Enforcement mechanisms.

6.2 The Economic Partnership Agreement (EPA) between the EU and the Southern African Development Community (SADC) group -- 6.2.1 Presentation of the agreement and TSD chapter -- 6.2.2 Regulatory cooperation -- 6.2.3 Enforcement mechanisms -- 6.3 The Free Trade Agreement between the EU and Vietnam (EVFTA) -- 6.3.1 Presentation of the agreement and TSD chapter -- 6.3.2 Regulatory cooperation -- 6.3.3 Enforcement mechanisms -- Part 3. - Summary of findings -- FINAL PART -- Concluding remarks and outlooks -- References.

This book explores the extent to which EU Free Trade Agreements (FTAs) pursue sustainable agriculture in third country parties. It contends that this should be part of a duty for the EU enshrined in the Treaties to promote its fundamental values in its external action. It suggests that the extent to which this occurs in practice, may be reviewed judicially by the Court of Justice of the European Union. Against this background, selected agreements concluded by the EU with developed and developing countries (Canada, South Korea, Ukraine, Chile, SADC countries and Vietnam) are taken as case studies. The author concludes that, in spite of the remarkable progress made hitherto, EU trade policy is still far from being in line with the increasingly strong commitment of the EU to take the lead in the international arena for environmental and climate matters. This work adopts primarily a legal methodology, but it broaches the subject in interdisciplinary terms. It is addressed not only to (EU) policy-makers, but also to scholars of different fields and to the wider public interested in topics that have become of common concern for the future of our planet. With a foreword by Daniel Calleja Crespo, Director General of the European Commission - DG Environment.

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Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2024. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.