The European Union in the Doha Round: The Specific Case of Services Trade

Abstract

AbstractThis chapter analyzes the legal implications that the WTO services negotiations have for the European Union (EU) in the world trading system, as well as the legal consequences of the Nice Treaty reform of Article 133 EC (which then became Article 207 of the Treaty on the Functioning of the European Union [TFEU]) in relation to trade in services. We shall explore the position of the EU in the Doha Development Agenda, as well as the trade position adopted by the EU and its Member States in the new services negotiations. From an EU law viewpoint, if the Doha Round had led to an international trade agreement, would it have been (1) a mixed agreement, signed by all EU Member States and the EU or (2) a pure Union agreement, signed only by the EU? The answer depends on the interpretation of the Nice and Lisbon Treaties with respect to services trade, as well as on whether there would be a separate General Agreement on Trade in Services (GATS) revision or just one global WTO Trade Agreement. What repercussion would this have for EU citizens in terms of accountability? An exploration of this issue as a mixed agreement and as a pure Union agreement is presented. The chapter concludes with several proposals and recommendations to reform the EU’s common commercial policy that could have generated optimal results for the EU in the Doha Round, specifically with respect to services trade, and in the world trading system more generally.KeywordsHong Kong Ministerial DeclarationDoha RoundProtectionismWTO Ministerial ConferenceMultilateralismLisbon TreatyNice Treaty