Balancing efficacy with policy space : the treatment of public services in EU trade agreements

Abstract

The tensions created by public services in international trade agreements continue to stir academic interest while remaining highly controversial. This is attributable to their incongruent aims that require careful balancing. Taking the European Union's (EU) 'second generation' trade agreements as its focus, this article examines the extent to which such agreements balance the efficacy of their core trade disciplines with space for public service provision. The agreements are examined in three respects: (i) exclusions to overarching scope; (ii) options for limiting the application of core disciplines; and (iii) the availability of exceptions. This article's primary aim is to determine how the EU balances the efficacy of its trade disciplines with space for the provision of public services. This remains largely unexplored in current academic discourse and has assumed importance given the EU's ongoing trade negotiations.