Guillaume Van der Loo

Competing Paths of Regional Economic Integration in the Post-Soviet Space: Legal and Political Dilemmas for Ukraine

This contribution compares the different paths of regional economic integration in the post-Soviet space and analyzes their implications for Ukraine. First, it examines the legal framework of EU-Ukraine trade relations and the impact of the envisaged establishment of a Deep and Comprehensive Free Trade Area (DCFTA) in the context of the European Neighborhood Policy (ENP). Second, the various initiatives of regional trade integration with Russia and other post-Soviet republics are scrutinized in light of Ukraine’s legal commitments towards the World Trade Organization (WTO) and the EU. It is argued that the establishment of a DCFTA with the European Union precludes Ukraine’s full participation in the Eurasian Economic Community and the customs union between Russia, Belarus and Kazakhstan.

The EU-Ukraine Association Agreement and Deep and Comprehensive Free Trade Area

In The EU-Ukraine Association Agreement and Deep and Comprehensive Free Trade Area Guillaume Van der Loo provides the first comprehensive legal analysis of this complex and controversial international agreement. While key political and legal hurdles towards the signing and conclusion of this agreement are analysed, its scope and contents are scrutinised and contrasted to other international agreements concluded by the EU. Specific attention is devoted to the ambitious “deep and comprehensive free trade area” and the unique provisions related to Ukraine’s approximation to the EU acquis. In particular, this book explores to what extent the agreement ncan be considered a new legal instrument for EU integration without membership.

Continuity and change in the legal relations between the EU and its neighbours : a result of path dependency and spill-over effects

This chapter deals with the legal dimension of the revised European Neighbourhood Policy (ENP). It analyses the revision of the bilateral legal relations focusing on the new generation of Association Agreements with the Eastern Partnership countries prior to, and in the context of, the revised ENP of 2011. In addition, different sectoral agreements are explored dealing with mobility, energy and aviation. It is argued that the evolving legal framework under the revised ENP is essentially based upon past experiences, reflecting the well-known phenomenon of path dependency, in combination with spill-over effects from other EU policies. Nevertheless, a number of legal innovations, mirroring change and tailored to the specific ENP objectives, can be detected.

The Dutch Referendum on the EU-Ukraine Association Agreement: Legal Implications and Solutions

This chapter will analyse the legal consequences of the outcome of the Dutch referendum of 6 April 2016 concerning the EU-Ukraine Association Agreement. The result of the referendum raised the question whether a single Member State can ‘veto’ the entry into force of a bilateral association agreement. Due to the unprecedented nature of this situation and the fact that the EU Treaties do no give a clear answer to this question, many issues related to the non-ratification of mixed agreements remain unclear. Therefore, after briefly analysing the ‘mixed’ nature of the EU-Ukraine Association Agreement and its current legal status, the legal consequences of the Dutch ‘tegen’ (against) are explored, focussing on the provisional application of the agreement. Finally, the solution of the Dutch government to deal with the outcome of the referendum, and some alternatives, are discussed.