Dr. Kalimo's legal and policy analysis explores the phenomenon recycling throughout the entire product life cycle, from the extraction of raw materials, to the production and marketing of goods, to the use of those goods and to the management of the resulting wastes. In this light, he shows how trade law interacts and can function within the demands and needs of the evolving environmental legal paradigm. Overall, the work provides more than one hundred examples of just how and when modern environmental and free trade law converge in the practical context of recycling of electronics such as mob
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The article examines whether the ECJ has used, or could use, de minimis test(s) in free movement law as a means of limiting the scope of prima facie prohibited non-discriminatory measures. The scrutiny is framed against the Court's recent case law, where the notion of market access has become important. Market access may in fact be interpreted with reference to de minimis tests and its relationship with such tests - systemized here as magnitude, causality and probability thresholds - reveals interesting parallels. Combinations of de minimis tests may influence the content of free movement law and perhaps even lead to changes in the prohibition-justification syntax.
The introduction of over half a dozen unilateral European Union (EU) trade policy instruments in the past few years seems to represent a major shift to the EU's previous focus on bilateral and multilateral avenues. This article investigates the origins of the recent unilateralization of EU trade policy and the main characteristics of the new instruments. What are the new instruments' goals and why does the EU introduce them now? We identify six key determinants of this trend: the rise of state interventions, increasing sustainability ambitions, a more adverse geopolitical context, the paralysis of the multilateral trading system, the resistance to bilateral trade agreements and changing preferences within key Member States. The instruments can be divided in three clusters focused on competitiveness, sustainability, and security. They share to a larger or lesser degree five key features: reciprocity, deterrence, built-in engagement, extension of internal policies, and the pursuit of international public goods. Our analysis points at a unilateral turn with EU characteristics, offering a framework for studying trade unilateralization in comparative perspective. EU, Trade Policy, Unilateralization, Geopoliticization, Bilateralism, Multilateralism, Sustainability
