An essential characteristic of the new generation trade agreements of the EU, such as the EU—Canada Comprehensive Economic and the Trade Agreement and EU—Japan Agreement for an Economic Partnership, is that they are dynamic or “living”. These agreements set up a comprehensive governance structure consisting of treaty bodies, so-called “Committees.” While the work of the Committees may appear technical, the discussions in this chapter shows that Committees under EU trade agreements deal with politically salient matters of public health and the environment, such as the regulation of pesticides. Their mandate is to implement, operationalise and further develop treaty text by cooperating, exchanging information, elaborating norms and creating new norms within the framework of their substantive scope. Committees therefore do not only undertake executive tasks but also legislative functions that go as far as supplementing or amending treaty rules. This chapter contrasts the high public interest in the EU’s new generation trade agreements with the operations of the Committees in EU trade agreements, which are largely closed off from the public due to the low transparency of and limited democratic reach over their operations and decision-making. It is concluded that the wide scope of the Committees’ mandates, ranging from executive to regulatory functions, is not supported by internal or external institutional mechanisms that would ensure the legitimacy and accountability of their operations.

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Taking on a Life of Its Own? The Dynamic Institutional Architecture of the New Generation Trade Agreements of the EU

  • Sophia Paulini

摘要

An essential characteristic of the new generation trade agreements of the EU, such as the EU—Canada Comprehensive Economic and the Trade Agreement and EU—Japan Agreement for an Economic Partnership, is that they are dynamic or “living”. These agreements set up a comprehensive governance structure consisting of treaty bodies, so-called “Committees.” While the work of the Committees may appear technical, the discussions in this chapter shows that Committees under EU trade agreements deal with politically salient matters of public health and the environment, such as the regulation of pesticides. Their mandate is to implement, operationalise and further develop treaty text by cooperating, exchanging information, elaborating norms and creating new norms within the framework of their substantive scope. Committees therefore do not only undertake executive tasks but also legislative functions that go as far as supplementing or amending treaty rules. This chapter contrasts the high public interest in the EU’s new generation trade agreements with the operations of the Committees in EU trade agreements, which are largely closed off from the public due to the low transparency of and limited democratic reach over their operations and decision-making. It is concluded that the wide scope of the Committees’ mandates, ranging from executive to regulatory functions, is not supported by internal or external institutional mechanisms that would ensure the legitimacy and accountability of their operations.