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Europe and China: Cooperation with Complex Legal Dimensions

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L'Europe et la Chine : une coopération aux dimensions juridiques complexes
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This article aims to evaluate legal aspects of the content and implementation of the 'strategic partnership' between the EU and the People's Republic of China. In the absence of a category of 'emerging countries' in international economic law, the Union must adapt its foreign policy with regard to this major economic and commercial power.

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This article aims to evaluate legal aspects of the content and implementation of the 'strategic partnership' between the EU and the People's Republic of China. In the absence of a category of 'emerging countries' in international economic law, the Union must adapt its foreign policy with regard to this major economic and commercial power.

Relations between the European Community and China are currently governed by a second-generation agreement signed in 1985. However, a new dynamic has been set in motion since 2003, by the drawing up of preparatory documents by both parties and joint declarations at annual summits bearing on the 'strategic partnership'. Seen in a long-term perspective, this partnership helps provide a measure of predictability in relations between the two partners, through combining elements of 'soft law' and 'hard law'.

The insertion of political dialogue into the strategic partnership seems to alter the coherence of the Union, notably with regard to the difficulties of implementing the dialogue on human rights. The added value of the partnership lies essentially in its economic and commercial aspects, through not only the putting into place of nonbinding 'economic dialogues' which cover a large spectrum of the relationship, but also by the multiplication of sector-based accords in numerous areas (maritime transport, customs cooperation, etc.). This constant development has thus allowed parties, at the last annual summit, to envisage the conclusion of a new framework agreement. The Commission in December 2005 was then given the mandate to conclude a Partnership and Cooperation Agreement.

The present paper will sketch out a forecast of the legal framework, measured against the yardsticks of Asia regional reconfiguration and the law of the World Trade Organization (WTO). The commercial risks of the relationship could imply the integration of the domains known as 'WTO plus' into the future agreement, notably the domains of investments and intellectual property rights, it would involve a mixed agreement1. That being the case, the negotiations risk to be fragile at the political level, in particular concerning the insertion of a clause of democratic conditionality in the future agreement. Any clash between the values and the interests of the EU and China would be uncomfortably highlighted during negotiations.

 

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Europe and China: Cooperation with Complex Legal Dimensions

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Center for Asian Studies
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Asia is a nerve center for multiple global economic, political and security challenges. The Center for Asian Studies provides documented expertise and a platform for discussion on Asian issues to accompany decision makers and explain and contextualize developments in the region for the sake of a larger public dialogue.

The Center's research is organized along two major axes: relations between Asia's major powers and the rest of the world; and internal economic and social dynamics of Asian countries. The Center's research focuses primarily on China, Japan, India, Taiwan and the Indo-Pacific, but also covers Southeast Asia, the Korean peninsula and the Pacific Islands. 

The Centre for Asian Studies maintains close institutional links with counterpart research institutes in Europe and Asia, and its researchers regularly carry out fieldwork in the region.

The Center organizes closed-door roundtables, expert-level seminars and a number of public events, including an Annual Conference, that welcome experts from Asia, Europe and the United States. The work of Center’s researchers, as well as that of their partners, is regularly published in the Center’s electronic journal Asie.Visions.

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RAMSES 2024. A World to Be Remade

Date de publication
06 September 2023
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For its 42nd edition, RAMSES 2024 identifies three major challenges for 2024. 

France and the Philippines should anchor their maritime partnership

Date de publication
28 March 2025
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With shared interests in promoting international law and sustainable development, France and the Philippines should strengthen their maritime cooperation in the Indo-Pacific. Through bilateral agreements, expanded joint exercises and the exchange of best practices, both nations can enhance maritime domain awareness, counter security threats and develop blue economy initiatives. This deeper collaboration would reinforce stability and environmental stewardship across the region.

The China-led AIIB, a geopolitical tool?

Date de publication
14 March 2025
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The establishment of the Asian Infrastructure Investment Bank (AIIB) in 2016, on a Chinese initiative, constituted an attempt to bridge the gap in infrastructure financing in Asia. However, it was also perceived in the West as a potential vehicle for China’s geostrategic agendas, fueling the suspicion that the institution might compete rather than align with existing multilateral development banks (MDBs) and impose its own standards.

Françoise NICOLAS
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Jammu and Kashmir in the Aftermath of August 2019

Date de publication
25 February 2025
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The abrogation of Article 370, which granted special status to the state of Jammu and Kashmir (J&K), has been on the agenda of the Bharatiya Janata Party (BJP) for many decades.

Aijaz Ashraf WANI

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L'Europe et la Chine : une coopération aux dimensions juridiques complexes

Europe and China: Cooperation with Complex Legal Dimensions