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Prospects and Challenges for EU-China Relations in the 21st Century

The Partnership and Cooperation Agreement

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Edited By Jing Men and Giuseppe Balducci

In 25 years, EU-China relations have come far, further than many could have imagined – but how much further can these relations be taken? Today, their bilateral relations are at a crossroads. In effect, it has been 25 years since the EU and China agreed upon the legally binding Trade and Economic Cooperation Agreement, which sets the basis for their diplomatic relations. In an ever increasingly complex and globalised international environment, these actors have become mutually interdependent on a variety of levels. In 2007, they agreed to revise and update the 1985 accord and replace it with an all-encompassing Partnership and Cooperation Agreement. However, more than three years passed, and there are many points of contention which need to be negotiated. What obstacles are blocking this agreement? How can these obstacles be overcome? What concessions should be made and where?
This book will provide an up-to-date analysis of the problematic concerns, and the means to resolve these issues, that range from human rights, to international trade conflicts and climate change.

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CHAPTER 4 EU-China Trade and the Future PCA. Intellectual Property Rights and Investments (Antoine Sautenet) 103

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103 CHAPTER 4 EU-China Trade and the Future PCA Intellectual Property Rights and Investments Antoine SAUTENET This paper aims to evaluate the content and implementation of the future PCA for EU-China trade. In the absence of a category of “emerging countries” in international economic law, the EU must adapt its foreign policy with regard to this major economic and commercial power. A new dynamic has been set in motion since 2003, with the drawing-up of preparatory documents by both parties and joint declara- tions at annual summits bearing on the “strategic partnership.” The frequent development of bilateral relations has allowed the EU and China to envisage the conclusion of a new framework agreement: this is the origin of the mandate given to the Commission in December 2005 to conclude a partnership and cooperation agreement. With regard to the PCA negotiations, the EU must integrate elements of added-value into the next agreement with China, in order to prevent commercial tensions arising from the WTO and to guarantee Community operators a better presence on the Chinese market. In regards to China’s legal environment, Investments and Intellectual Property Rights (IPRs) should be known as the “WTO plus” fields, and inserted into the future agreement, which would then involve a mixed agreement. Given the EU’s ambitions, the negotiations run the risk of being fragile at the commercial level. EU-China Relations in the Context of China’s “Re-emergence” The “EU-China global partnership”1 was set up during the 10th sum- mit (2007). But the negotiations between...

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