EU DCFTAs: carrot-and-stick

Madalane, Thembi Pearl (2022) EU DCFTAs: carrot-and-stick. In: Challenges of international trade and investment in the 21st century. DPIL, DCL, FL, Ankara Yıldırım Beyazıt University, DPIL, FL, University of Szeged, DSLS, State University of Moldova, Ankara, Chisinau, Szeged, pp. 83-106. ISBN 9789633068984

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Abstract

Deep and Comprehensive Free Trade Agreements are described as the EU’s new assertive approach in trade matters. They provide a far-reaching and progressive regulatory approximation to EU law in trade-related areas. Largely inspired by the WTO dispute settlement rules, specific features of DCFTA DSMs also include a procedure that obliges the arbitration panel to ask the Court of Justice of the European Union for a binding preliminary ruling when there is a dispute concerning the interpretation and application of EU legislation. The EU established DCFTAs with some Eastern European States in its neighbourhood, with prospects to apply for future EU membership. Notwithstanding the costs of its European neighbours in the east, the EU has pursued similar DCFTAs in North Africa, under its European Neighbourhood Policy. In the context of dispute settlement costs of EU DCFTAs, this paper considers the EUs pursuit of the DCFTAs in North Africa. The problem is that experience in Africa reveals a strong discontent and apathy towards a highly legalised and formal trade dispute system. Ratification of the African Continental Free Trade Area Agreement is argued to add a new dispute settlement system designed to resolve trade disputes in Africa, unlike many of the regional courts in Africa which are modelled on the CJEU. It is not clear how the EU DCFTAs may look to harmonise dispute settlement rules with Africa, either than through a carrot-andstick approach.

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