THE ROLE OF NON-COMMERCIAL CLAUSES IN EU TRADE AGREEMENTS IN SHAPING A PEACEFUL INTERNATIONAL ORDER
THE ROLE OF NON-COMMERCIAL CLAUSES IN EU TRADE AGREEMENTS IN SHAPING A PEACEFUL INTERNATIONAL ORDER

Summary/Abstract: This article explores the role of the European Union’s commercial policy in promoting peace and stability through the inclusion of non-trade clauses in international agreements. EU’s common commercial policy is not, therefore, only an economic instrument, but it has evolved into an important component of the Union’s external action, by integrating provisions and commitments related to human rights, democracy, the rule of law, sustainable development, and also environmental protection. The European Union’s commercial policy is viewed within the broader legal and institutional framework of EU external action, being in EU’s exclusive competence under Article 207 TFEU and subordinated to the principles set out in Article 21 TEU. The article also explores the classification, and practical functioning of non-trade clauses, supported by selected case studies from EU practice, referring to: essential elements clauses, political dialogue mechanisms, and conditionality provisions. The paper assesses the ‘trade–peace nexus’ through the lenses of its contemporary relevance in light of recent geopolitical developments. Trade agreements have the goal to contribute to stability by fostering economic interdependence and promoting normative convergence, however their effectiveness remains conditional and highly context-dependent. The findings suggest that, rather than direct guarantees of peace, the non-trade clauses function primarily as instruments of stabilization and norm diffusion. Ultimately, the findings suggest that EU trade agreements do not create peace, but they may support the legal, institutional, and economic conditions under which peace may be more likely to become a reality.

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