Article 133 EC Treaty regulates the conclusion of EC external trade agreements. As the scope of subjects covered by international trade negotiations and by the EC’s common commercial policy has broadened, the issue of the limits of this exclusive competence has risen. This article outlines the changes to Article 133 EC Treaty over the last two decades and summarizes the amendments introduced by the Lisbon Treaty to that article. Although the latter amendments have clarified competency issues with respect to intellectual property agreements, they have raised considerable legal uncertainty with respect to competence for foreign direct investment (FDI).
Global Trade and Customs Journal