In 2009, the Economic Community of West African States (ECOWAS) challenged the European Union (EU)'s interpretation of Article XXIV GATT in bilateral trade talks. Based on a legal analysis that West African activists initially provided, ECOWAS established that the clause allowed for more flexibility on market opening than the EU expected. Since then, market access constitutes one unresolved issue slowing down negotiations between the trade power Europe and trade-and aid-dependent ECOWAS. The example challenges the political economy literature dealing with trade policy-making on at least two accounts, namely the role of typically sidelines actors such as poor countries and transnational activists; and the role of the law in mediating strategic and discursive aspects of trade political processes. To assess the evidence and its theoretical implications, I combine the analytical concept of political opportunity structure developed in the transnational studies literature with pluralist approaches to law. I argue that trade political actors can become aware of the pathways to influence that legal uncertainty opens, in particular under conditions of multilevel governance where national, regional and international legal orders are intertwined. Overall, the way in which the law mediates ideas and interests thus deserves scrutiny in political economy approaches to trade.
The literature on civil society interaction with European trade policy-making limits its analysis on Brussels-based campaigning and finds low impact levels. At the same time, the EU identifies global civil society as one factor of explaining the stalling of trade negotiations with African, Caribbean and Pacific countries. This article presents a case study of NGO campaigns on the EU -West African trade negotiations to suggest that the growing complexity of global governance presents the same political opportunities for non-state actor participation in trade as they have been shown to skilfully use in other policy domains. It concludes that political economy studies should integrate insights from the transnational activism literature in order to better grasp the effects of ongoing globalisations on trade policy-making.
This article examines how fragmentation of the global trade regime into preferential agreements, built on a multilateral baseline of World Trade Organization (WTO) rules, affects trade governance. The analysis relies on 105 interviews with trade policy professionals in core WTO members and a conceptual distinction between 'thick' and 'thin' institutionalism to capture institutional changes in the global trade governance architecture. The WTO's thick institutionalism facilitates institutionalized interactions among members of the trade policy community that are essential for transparency and dialogue and the rule of law character of the trade regime. It secures the continued belief of trade policy professionals in the WTO's centrality in trade governance. The thin institutionalism of the network of preferential agreements spells the return to à la carte forms of trade governance and benefits those with the technical and political capacity to successfully navigate the fragmented governance architecture. Ongoing institutional transformations shift global trade governance away from rules-based back to more power-based forms.
As trade is prominently mainstreamed into development policies, the ongoing Economic Partnership Agreement (EPA) negotiations between the EU and the African, Carribbean and Pacific (ACP) countries are a turning point in Least Developed Countries (LDC) engagement with the international trading system. The process covers most UN-designated LDCs and is the first time they feature in the first row of international trade talks. We explore how the space LDCs occupy in the trade regime will be affected by EPAs. The analysis suggests that they move LDCs towards effective graduation from special and differential treatment, while innovating on policy tools to address underdevelopment.
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