The cooperation agreements within the belt and road initiative: The european common commercial policy at crossroads

IF 0.2 Q4 INTERNATIONAL RELATIONS

Cuadernos Europeos de Deusto Pub Date : 2022-01-28 DOI:10.18543/ced-03-2022pp51-69

Carmen Martínez San Millán

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引用次数: 1

Abstract

To carry out Chinese investments in third countries under the Belt and Road Initiative, the China is currently concluding numerous cooperation agreements called Memorandums of Understanding with its objective States, including European Union Member States. These Memorandums of Understanding are international agreements, but not international treaties as such, which implies that these documents may not lead to rights and obligations under International Law. However, every Memorandum of Understanding signed between China and a European Member States should be interpreted in accordance with European Law. The problem is that Member States are presumably violating different instruments of this legal framework as well as the European Union Common Commercial Policy, which is an exclusive competence of this international organization, if we interpret that these cooperation agreements are masking free trade agreements. This paper aims to analyse this possible interpretation and its consequences for the European Union, as these agreements entail a weakening of the European trade and investment power and put the European Common Commercial Policy at crossroads. Received: 10 May 2021Accepted: 05 November 2021

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“一带一路”框架下的合作协议:十字路口的欧洲共同商业政策

为了在“一带一路”倡议下开展中国在第三国的投资，中国目前正在与包括欧盟成员国在内的目标国家缔结许多合作协议，即谅解备忘录。这些谅解备忘录是国际协定，但不是国际条约，这意味着这些文件可能不会导致国际法规定的权利和义务。但是，中国与欧盟成员国签署的每一份谅解备忘录都应按照欧洲法律进行解释。问题是，如果我们解释说这些合作协定掩盖了自由贸易协定，各成员国可能违反了这一法律框架的不同文书以及欧洲联盟共同商业政策，这是这一国际组织的专属权限。本文旨在分析这种可能的解释及其对欧盟的影响，因为这些协议导致欧洲贸易和投资力量的削弱，并将欧洲共同商业政策置于十字路口。收稿日期:2021年5月10日收稿日期:2021年11月5日

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

Cuadernos Europeos de Deusto Multiple-

CiteScore

0.50

自引率

20.00%

发文量

审稿时长

16 weeks

期刊介绍： Deusto Journal of European Studies (DJES) is a university journal specialised in the study of the European Union from an interdisciplinary perspective. It primarily aims at disseminating knowledge on the different aspects of the European construction process (historical, political, legal, economic, social, cultural issues, etc.). It also aims at encouraging reflection on and critical assessment of the different factors that determine European Union''s evolution and transformation. First published in 1987, Deusto Journal of European Studies (DJES) is issued twice a year. Its contents include a section on doctrinal articles, a section commenting the jurisprudence of the EU Court of Justice and a section on current European issues.