1st Edition

Law and Diplomacy in the Management of EU–Asia Trade and Investment Relations

Edited By Chien-Huei Wu, Frank Gaenssmantel Copyright 2020
    276 Pages 10 B/W Illustrations
    by Routledge

    276 Pages 10 B/W Illustrations
    by Routledge

    This volume fills a gap in the literature regarding questions around the interactive dynamics between law and diplomacy on international trade and investment.

    It brings together lawyers and political scientists from Europe and Asia in an interdisciplinary effort at tracing the respective roles of law and diplomacy in the relations of the European Union (EU) with its trade and investment partners in Asia. Focusing on trade and investment relations with Asia, the EU presents a particularly interesting case as it has been a strong proponent of a rules-based international economic order for years and a frequent user of the formal procedures established in international treaties in case of disputes. At the same time, it has kept diplomatically active to adjust dispute management and international agreements to the needs and demands of the partners involved. Furthermore, not only is this region of crucial importance due to the presence of both vigorous emerging economies, like China, India and Vietnam, and more established partners, like Japan, EU-Asia relations also present a broad set of economic disputes and recent negotiation efforts analyzed in the contributions to this volume.

    This book will be of key interest to scholars and students of international trade/economic law, EU politics, EU external relations (law), international relations, diplomacy and more broadly to international relations and Asian studies.


    Chien-Huei Wu and Frank Gaenssmantel

    Part I: Conceptual Discussion and Historical Evolution

    1. Managing International Economic Relations through Diplomacy and Law: Towards a Framework for Understanding External Policies of the European Union

    Frank Gaenssmantel and Chien-Huei Wu

    2. Judicial Diplomacy? The Role of the CJEU in EU-Asia Trade Disputes

    Andrés Delgado Casteleiro

    3. Law and Diplomacy in EU-China Trade Relations: A Historical Overview

    Jappe Eckhart

    4. EU-Asia Investors-States Disputes: Assertive Legalism for Economic and Political Autonomy

    Leïla Choukroune

    Part II: Law and Diplomacy in the Management of Disputes and Disagreements

    5. Embedding Diplomacy in Formal Procedures: How the European Commission Navigated the Solar Panel Dispute with China

    Frank Gaenssmantel

    6. The China-EU Solar Panel Trade Dispute: Explaining Different Responses of the Member States

    Shaofeng Chen

    7. Disciplining Export Restrictions through Negotiation and Litigation

    Chien-Huei Wu

    8. The Limits of a Legal Approach in Resolving EU-China Trade Disputes on Non-Market Economy Status

    Ching-Wen Hsueh

    Part III: Diplomacy and the Creation of Law

    9. Preventing Divergences from Becoming Disputes: The Elusive EU-China Investment Negotiations

    Julien Chaisse, Qian Xu, Xueliang Ji

    10. A Legal Approach for Trade Issues and a Diplomatic Approach for Non-Trade and Sustainability Issues? From the EUSFTA via the Singapore Opinion of the Court of Justice of the EU to the JEFTA

    Herman Voogsgeerd

    11. More than Words? Labour Standards in the Future EU-India FTA

    Gerda van Roozendaal

    12. New Trade Rule-Making regarding Sustainable Development in EU FTAs with Asian Countries

    Yumiko Nakanishi


    Chien-Huei Wu and Frank Gaenssmantel


    Chien-huei Wu is associate research professor in Academia Sinica, Taipei, Taiwan.

    Frank Gaenssmantel is assistant professor at the Department of International Relations and International Organisation at the University of Groningen, Netherlands.