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Mercosul e União Européia: um estudo da evolução das negociações agrícolas; MERCOSUR and the European Union: a study of the evolution of the agricultural negotiations

Oliveira, Alessandra Cavalcante de
Fonte: Biblioteca Digitais de Teses e Dissertações da USP Publicador: Biblioteca Digitais de Teses e Dissertações da USP
Tipo: Dissertação de Mestrado Formato: application/pdf
Publicado em 22/06/2010 Português
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O MERCOSUL e a União Européia (UE) firmaram no ano de 1995, o Acordo Marco de Cooperação Inter-Regional, que tinha como objetivo fortalecer as relações bi-regionais e a preparar as condições para a criação de uma Associação Inter-Regional, que abrangesse a área comercial, cooperação econômica, tecnológica, financeira, e também cultural e social. A concretização da Associação representaria um grande ganho para o MERCOSUL devido à importância comercial que a UE representa para o bloco, sendo a sua principal parceira tanto nas exportações quantos nas importações. Desde a assinatura do acordo, os dois blocos realizaram diversas rodadas de negociações, mas não conseguiram avançar na direção de maiores realizações. Um dos principais entraves tem sido a intransigência da UE, principalmente no que diz respeito ao conceder melhores ofertas no setor agrícola. O presente trabalho objetiva, portanto, analisar a evolução das negociações comerciais entre os dois blocos, a fim de identificar os entraves no setor agrícola, que contribuíram para o impedimento da implantação da Associação Inter-Regional. A evolução das rodadas de negociações entre os dois blocos mostrou que o protecionismo agrícola é um dos pontos cruciais para a obtenção de um acordo de livre comércio. O fracasso das negociações provou para o MERCOSUL...

Macedonia, Former Yugoslav Republic of : Analysis of the Agricultural Support Programs

World Bank
Fonte: Washington, DC Publicador: Washington, DC
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The report is structured to allow readers familiar with Macedonia s agriculture sector to quickly grasp the essentials needed to improve the sector, as well as to inform a general audience on how to address the challenges of a modern European Union (EU)-aspiring state. Chapter two provides an in-depth analysis of the sectoral background, illustrating the main characteristics and challenges of Macedonia s agriculture sector. The illustration takes an integrated approach to the sector, covering a vast range of inter-related topics including the prominence of the sector not only in terms of its economic and social contribution but also its implications for trade, the urban-rural poverty gap and shared prosperity, farm structure, climate adaptation, and capacity building. Chapter three draws on lessons from the European Union (EU) and provides a framework to analyze Macedonia s agricultural support programs. Further, the chapter provides a primer on the EU s Common Agricultural Policy (CAP) and its measures to support agriculture. Chapter four presents concise empirical evidence of the coverage and institutional capacity of the agricultural programs in Macedonia under both pillar one and pillar two measures. Chapter five then builds on the primary diagnostic set out in the previous chapters and critically examines the alignment of Macedonia s agricultural programs with the government s stated objectives of poverty reduction...

Evaluation of the EU-Turkey Customs Union

World Bank
Fonte: Washington, DC Publicador: Washington, DC
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The implementation of the customs union (CU) in 1995 was the culmination of thirty-two years of association between the European Union (EU) and Turkey and was expected by Turkey to be the first step in the EU accession process. The CU has been a major instrument of integration for the Turkish economy into both European and global markets. The CU covers trade in just industrial goods (including the industrial components of processed agricultural products) and excludes primary agriculture, services, and public procurement but has proved to be a powerful force of regulatory convergence. The evaluation s objectives are to assess the impacts of the CU and to make forward looking, solution-orientated recommendations for its improvement with an emphasis on the economics behind the various trade irritants and options for dealing with problems related to asymmetries as well as examining the case for widening. The evaluation provides quantitative and qualitative estimates of the effects of the CU and demonstrates that the trade agreement has been highly beneficial for both Turkey and the EU. The evaluation consists of two main parts: (i) an evaluation of the impact of the CU on trade...

A Constitutional Basis for Effective External Action?

CREMONA, Marise
Fonte: European University Institute Publicador: European University Institute
Tipo: Trabalho em Andamento Formato: 275372 bytes; application/pdf; digital
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This paper will appear in Genèse et Destinée de la Constitution Européenne Commentaire du traité établissant une Constitution pour l’Europe à la lumière des travaux préparatoires et perspectives d’ avenir edited by Giuliano Amato, Hervé Bribosia and Bruno De Witte. It seeks to assess, on a selective basis, the provisions in the Constitutional Treaty which relate to the Union’s external action. In doing so it considers issues of consistency, competence, the partial integration of the pillars and remaining questions concerning the legal nature of the EU’s Common Foreign and Security Policy, the Common Security and Defence Policy, the procedures for concluding international agreements and the common commercial policy. Institutional aspects of external action, and in particular the creation of the Minister of Foreign Affairs, are considered elsewhere in the volume and are therefore not covered here. Consideration is also given to the extent to which it would be possible, and/or desirable, to incorporate the changes made by the Constitutional Treaty into a revised text or an alternative Treaty.

L’Union fait la force? Potential and Limitations of the European Neighbourhood Policy as an Integrated EU Foreign and Security Policy

CREMONA, Marise; HILLION, Christophe
Fonte: European University Institute Publicador: European University Institute
Tipo: Trabalho em Andamento Formato: 264376 bytes; application/pdf; digital
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The external policies of the European Union may be viewed as the outcome of the interaction between the Member States, the European Community (acting in the context of the ‘first pillar’) and the European Union (acting on the basis of the second and third pillars). This tripartite interaction, which involves a large number of actors operating within different institutional logics, makes it challenging for the Union to conduct coherent policies, or to fulfil its objective of affirming its identity on the world stage (Article 2 TEU). The European Neighbourhood Policy (ENP) is a particularly developed expression of a policy designed to meet the challenge of ensuring coherence between the three EU pillars. As an alternative mechanism designed to offer coherent policy-making in the cross-pillar context of relations with the EU’s strategically important neighbours, the ENP does not rely on new instruments but rather offers a way of integrating existing instruments via ‘soft’ frameworks, such as European Council and Council Conclusions and Commission policy papers. This paper aims to analyse the ENP as a contribution to the EU’s efforts to evolve a more coherent external action. Ukraine will serve as an example, as the advanced implementation of the ENP towards this country offers the best illustration of the policy...

Current Legal Issues in the External Relations of the European Union

PETITE, Michel
Fonte: European University Institute Publicador: European University Institute
Tipo: Trabalho em Andamento Formato: 144825 bytes; application/pdf; digital
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This paper is based on a lecture delivered during the Academy of European Law Summer School 2006. It provides an examination from a legal perspective of three current themes in the external relations of the European Union. First, the legal implications of the pillar structure for external relations, including recent case law and practical issues arising from the application of Article 47 TEU, the borderline between Community external policies and the Union’s common foreign and security policy, and practical interpillar cooperation. It concludes that it is easier to combine the pillars by means of pragmatic solutions, whereas it is much more difficult in the case of a strictly legal construction which takes into account the requirements of Union coherence and the separate character of each pillar. Second, the paper turns to the balance between Member States and the European Union/Community in external policy and in particular the application of the “AETR test” in recent case law including the “Open Skies” cases, the Lugano Convention Opinion and the “Mox Plant” case. It concludes that a proper application of the AETR remains a practical challenge that transcends the narrow issue of pure legal deduction as to whether Community competence is “affected” or not. And third...

Theory and practice of EC external trade law and policy

LEAL ARCAS, Rafael
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Tese de Doutorado
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Both the European Community (EC) and its Member States agree that it is in their best interest to coordinate their action vis-à-vis the rest of the world in international trade agreements. Theory and Practice of EC External Trade Law and Policy looks at the intricacies of the institutional framework of EC trade law, and with special emphasis on services trade, examines the law and practice of EC external trade relations from a policy, economic, legal and an overarching European constitutional perspective. The objective of the author’s analysis is not only to find ways to nurture and preserve the unitary character of EC external trade relations in areas of shared competence between EU Member States and EU institutions, but also to understand the management of the EC’s external trade relations. The book begins with an analysis of the evolution of the EC common commercial policy, through which the author examines the checks and balances at the micro, meso and macro levels. The author then proceeds to analyse the problems faced by the EU in its external relations and the legal complexity of mixed agreements. This unique legal phenomenon is tackled from an intra-EC perspective as well as from an extra-EU perspective taking into account various implications for third parties. The major EU institutions are examined: the Commission as the negotiator of international trade agreements...

The effects of the Lisbon Treaty on the principles and objectives of the Common Commercial Policy

DIMOPOULOS, Angelos
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Artigo de Revista Científica
Português
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The Lisbon Treaty brings significant changes to the orientation of the Common Commercial Policy (CCP), affecting the principles and objectives that guide the exercise of EU competence in this field. Building upon the EC Treaty (TEC), it strengthens the role of uniformity and the commitment of the EU towards gradual liberalization, incorporating in fact a standstill obligation of the EU to retain the existing level of liberalization. More importantly, the Lisbon Treaty signals the integration of the CCP into EU external relations, providing common objectives and principles that allow for a re-evaluation of the objective of liberalization and the pursuance of other trade and non-trade goals, guaranteeing at the same time unity and consistency in the exercise of Union powers.

Theory and Practice of EC External Trade Law and Policy

LEAL ARCAS, Rafael
Fonte: Cameron May Publicador: Cameron May
Tipo: Livro Formato: application/pdf; digital
Português
Relevância na Pesquisa
45.99%
Both the European Community (EC) and its Member States agree that it is in their best interest to coordinate their action vis-à-vis the rest of the world in international trade agreements. Theory and Practice of EC External Trade Law and Policy looks at the intricacies of the institutional framework of EC trade law, and with special emphasis on services trade, examines the law and practice of EC external trade relations from a policy, economic, legal and an overarching European constitutional perspective. The objective of the author’s analysis is not only to find ways to nurture and preserve the unitary character of EC external trade relations in areas of shared competence between EU Member States and EU institutions, but also to understand the management of the EC’s external trade relations. The book begins with an analysis of the evolution of the EC common commercial policy, through which the author examines the checks and balances at the micro, meso and macro levels. The author then proceeds to analyse the problems faced by the EU in its external relations and the legal complexity of mixed agreements. This unique legal phenomenon is tackled from an intra-EC perspective as well as from an extra-EU perspective taking into account various implications for third parties. The major EU institutions are examined: the Commission as the negotiator of international trade agreements...

Ever-Closer in Brussels – Ever-Closer in the World? EU External Action after the Lisbon Treaty

Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf; digital
Português
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This edited Working Paper addresses three fundamental questions concerning EU External Action after the Lisbon Treaty: the institutional position and allegiance of the newly-established European External Action Service, the future of the ‘left out’ Directorate-General for Trade and the Common Commercial Policy, and the protection of EU citizens abroad. These enquires are prompted by both an institutional innovation – the launch of the EEAS – as well as by a number of substantive changes to the legal framework of EU External Action. An ambitious agenda has been inserted into the primary law, around which the Union institutions and Member States are to rally. It is in turn the raison d’être of the EEAS to foster the ensuing need for consistency, as well as to provide impetus to the EU’s external action. Structurally, it is in itself a sui generis institution composed of officials from the Commission, the Council and the Member States. This raises a number of fundamental questions that go well beyond those concerning which person is going to be the new EU ambassador in Washington or Beijing. Above all, can these substantive and institutional innovations live up to the grand ambitions of the peculiar entity that is the EU? What old problems does it purport to solve...

Much More Than Trade: The common commercial policy in a global context

LARIK, Joris
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Parte de Livro
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This chapter discusses the European Union’s Trade Policy as one of the main connectors of the Union with the outside world, with the ensuing legal and policy ramifications going well beyond trade stricto sensu. Now that the dust of the EU’s reform process has begun to settle after entry into force of the Lisbon Treaty, it is time to take stock of the different ways in which trade serves as such a link. The chapter addresses three main aspects, reflecting the ascending level of ambition the EU shows to influence the outside world. First, the EU’s trade policy as a corollary of its internal market; second, the role of trade policy as a vehicle for various other external policies; third, the role of the EU’s trade policy in ‘constitutionalizing’ the system of global economic governance. In sum, three basic tenets emerge: First, where there is a common market, there needs to be a common trade policy. Second, where there is a common trade policy, foreign policy is right around the corner. Third, the more intertwined international trade and the foreign policy questions become, the greater the need for a (value-based, constitutional) framework balancing the different goals pursued and lending legitimacy to the decision-making process. However...

EU preferential trade agreements : commerce, foreign policy and development aspects

Fonte: European University Institute Publicador: European University Institute
Tipo: Livro Formato: application/pdf; digital
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This e-book compiles the written contributions prepared by the speakers of an EUI conference titled ‘Global Europe: The New Generation of EU Preferential Trade Agreements’. The conference took place on May 14-15, 2012, on the EUI premises in San Domenico di Fiesole. It was organized by the EUI Working Group on EU External Relations Law, under the auspices of Professor Marise Cremona and Professor Petros Mavroidis, with generous support provided by the EUI’s Global Governance Programme and the Academy of European Law. The e-book is divided into four parts. In the introductory part, David Kleimann provides a perspective on the European Commission’s efforts to implement the ‘Global Europe’ strategy and outlines the domestic and external challenges that EU leaders face in this process. Part II is devoted to crosscutting issues that generally apply to contemporary PTAs. Against the background of the most recent wave of regional and inter-regional economic integration, Petros Mavroidis argues that the relevance of the WTO for international trade liberalization and rule making is fading. Patrick Messerlin, secondly, considers the various domestic motives for the negotiation of PTAs and identifies the actors that play important roles in the political economy processes associated with the negotiation and conclusion of PTAs. Jean-Pierre Chauffour and David Kleimann...

Reflections on the constitutionalisation of international economic law : liber amicorum for Ernst-Ulrich Petersmann

Fonte: Martinus Nijhoff Publishers Publicador: Martinus Nijhoff Publishers
Tipo: Livro
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This book collects a large number of essays written in honour of Professor Ernst-Ulrich Petersmann by his friends, colleagues and former students. The respective contributions cover the fields of International Economic Law, International Constitutional Law/Transnational Constitutionalism, EU Law and Human Rights. The broad thematic scope of this book mirrors the extremely large field of interests of the jubilarian. Paying tribute to a particular trait of Professor Petersmann´s character who was always both a dogmatic thinker and a curious researcher, the authors try to cover both structural issues of law as well as most recent developments, in particular in the field of International Economic Law. “Construing” the constitution of International Economic Law, in both senses of this activity, was an aim throughout Professor Petersmann´s academic career and this goal stands also at the heart of this book.; -- Preface, Marise Cremona, Peter Hilpold, Nikos Lavranos, Stefan Staiger Schneider and Andreas R. Ziegler INSTITUTIONAL AND SUBSTANTIVE ISSUES IN EUROPEAN LAW -- Liberalization of Trade in Goods in the EEC: Origin and Early Evolution, Federico Ortino -- The ‘Politicization’ of the EU’S Common Commercial Policy – Approaching the “Post-Lockean” Era...

Integration by stealth : how the European Union gained competence over foreign direct investment

MEUNIER, Sophie
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf; digital
Português
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How are policy competences allocated between different actors? This paper contributes to the literature on institutional development through an in-depth case-study of the conditions under which the competence over the negotiation of agreements on foreign direct investment (FDI) was transferred from the national level to the European Union (EU) in the 2009 Lisbon Treaty. Most analysts assume that this competence shift was a rationally designed delegation, intended to maximize European bargaining power in international investment negotiations, and conceived as an important element of a teleological drive to make the EU a meaningful external actor. This paper tells a different story--one where the competence shift happened by stealth as a result of a combination of Commission entrepreneurship and historical accident, against the preferences of the Member States. The paper also assesses whether the conditions under which the competence was transferred have implications on the implementation of the new policy.

The Political Impact of the EU's International Trade: EU trade power, policy and influence

CARATELLI, Irene
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Tese de Doutorado Formato: Paper
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Defense date: 18/01/2010; Examining Board: Marise Cremona (EUI, Law Department), Christopher Hill (University of Cambridge), Erik Jones (Johns Hopkins, Bologna), Pascal Vennesson (EUI/RSCAS) (Supervisor); The aim of the PhD Thesis is to ascertain whether the EU is able to exert a political influence through its international trade agreements. Since the Union has always been considered as an economic giant and a political dwarf at the global level, the objective is to evaluate whether the EU external trade may be considered as a useful tool to address the gap between its economic and political relevance. If the EU is effectively able to wiled a political influence through trade also beyond the neighbourhood area, where it uses the membership card chip, the EU might have a greater global role. The conceptual analysis of the Thesis is based on the distinction between the EU trade Power (i.e. Resources, Institutions and Values), EU trade Policy activity and its final Influence in order to disentangle the 'levers' from the 'leverage' exercised by the EU through its external trade policy. The potential for political influence of the EU ultimately relies on the ability to change the norms, beliefs, rules and regulations in EU partner countries...

Balancing Union and Member State Interests: Opinion 1/2008, choice of legal base and the common commercial policy under the Treaty of Lisbon

CREMONA, Marise
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Artigo de Revista Científica
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In Opinion 1/2008 on agreements amending the EC's schedules of commitments under the GATS, the Court of Justice interpreted the “Nice version” of art.133 EC and, in particular, the special provision in art.133(6) for joint EC and Member State participation in commercial policy agreements relating to certain service sectors. This contribution analyses the Court's approach to competence and choice of legal base in the context of art.133(6), and argues that in rejecting the classic “centre of gravity” test, this Opinion demonstrates the limitations of that approach in the case of international agreements, particularly where competence boundaries are at issue. It examines the implications of Opinion 1/2008 for the interpretation of art.207 TFEU and the mechanisms included in that new provision for the protection of Member State interests while the EU pursues its interest in establishing a comprehensive, coherent and effective external commercial policy.

Balancing Union and Member State Interests: Opinion 1/2008, Choice of Legal Base and the Common Commercial Policy Under the Treaty of Lisbon

CREMONA, Marise
Fonte: Sweet Maxwell Ltd Publicador: Sweet Maxwell Ltd
Tipo: Artigo de Revista Científica
Português
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In Opinion 1/2008 on agreements amending the EC's schedules of commitments under the CATS, the Court of Justice interpreted the Nice version of art. 133 EC and, in particular, the special provision in art. 133(6) for joint EC and Member State participation in commercial policy agreements relating to certain service sectors. This contribution analyses the Court's approach to competence and choice of legal base in the context of art. 133(6), and argues that in rejecting the classic centre of gravity test, this Opinion demonstrates the limitations of that approach in the case of international agreements, particularly where competence boundaries are at issue. It examines the implications of Opinion 1/2008 for the interpretation of art.207 TFEU and the mechanisms included in that new provision for the protection of Member State interests while the EU pursues its interest in establishing a comprehensive, coherent and effective external commercial policy.

Multinational Enterprises and Human Rights Obligations under EU Law and International Law

GATTO, Alexandra
Fonte: Edward Elgar Publicador: Edward Elgar
Tipo: Livro
Português
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(Published version of EUI Ph.D. thesis, 2007.); This book examines how the European Union could do more to ensure that EU-based multinational enterprises (MNEs) respect human rights when operating in third world countries. Alexandra Gatto identifies the primary obligations of MNEs as developed by international law, and investigates how the EU has promoted the respect of human rights obligations by the MNEs to date. The significant gap between the EU's commitment to the respect and promotion of human rights, the potential to regulate the conduct of MNEs, and the EU's reluctance to impose human rights obligations on MNEs, is thoroughly explored. It is suggested that the current human rights law should be developed, and this timely book recommends that the EU should firmly link the promotion of MNEs' human rights obligations to international human rights law, thereby supporting the constitution of an international law framework within the UN. Multinational Enterprises and Human Rights will be of very great interest to scholars of EU or International Human Rights as well as NGOs and policymakers in international organizations and corporations that support corporate social responsibility and human rights.; Part I: Multinational Enterprises and Human Rights: The International Legal Framework 1. Theoretical Framework 2. Multinational Enterprises as Addresses of International Law 3. MNEs and International Human Rights Law Part II: MNEs and Human Rights in the European Union 4. Multinational Enterprises in the Present European Union System and the Emergence of Corporate Social Responsibility 5. Internal Measures Addressed to MNEs 6. External Measures Addressed to MNEs Part III: MNEs and Human Rights in the External Relations of the European Union 7. The External Relations of the European Union...

Services Policies in Transition Economies : On the EU and WTO as Commitment Mechanisms

Eschenbach, Felix; Hoekman, Bernard
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Tipo: Publications & Research :: Policy Research Working Paper; Publications & Research
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The authors analyze the extent to which the EU-15 and 16 transition economies used the WTO General Agreement on Trade in Services (GATS) to commit to service sector policy reforms. They compare GATS commitments with the evolution of actual policy stances over time. While there is substantial variance across transition economies on both actual policies and GATS commitments, the authors find an inverse relationship between the depth of GATS commitments and the "quality" of actual services policies as assessed by the private sector. In part this can be explained by the fact that the prospect of EU accession makes GATS less relevant as a commitment device for a subset of transition economies. But for many of the non-EU accession candidates, the WTO seems to be a weak commitment device. One explanation is that the small size of the markets concerned generates weak external enforcement incentives. The authors' findings suggest greater collective investment by WTO members in monitoring and the need for transparency to increase the benefits of WTO membership to small countries.

Expanding the internal market : an external regulatory policy for the EU?

CREMONA, Marise
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Parte de Livro
Português
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The Common Commercial Policy, while asserting liberalization as a primary objective, has no corresponding explicit regulatory dimension. Nevertheless, the uniform principles which it mandates, together with powers derived from the internal market provisions, have provided a basis for developing an external regulatory policy through both autonomous measures and the conclusion of international agreements. In a recent policy document, the Commission recognized the need to ‘examine how to strengthen the mutual links between internal and external regulatory actions and how to improve coordination between the two’. This chapter outlines the components of this external regulatory policy: the basis and scope of EU external regulatory competence; and the EU's objectives in developing an external regulatory policy. Taking as an example the Anti-Counterfeiting Trade Agreement, the chapter examines its role in shaping EU external regulatory policy, and how the interaction between the EU's internal and external regulatory policy affects the EU's policy choices in contributing to global governance.