The Rule of Law as Non-trade Policy Objective in EU Preferential Trade Agreements with Developing Countries

In line with the Lisbon Treaty, the safeguarding and promotion of EU fundamental values has acquired the legal status of a guiding principle and a general objective of the whole spectrum of its external policies, including EU trade policy. In this vein, and with a view to strengthening the linkages between sustainable development, trade, and peace, justice and the rule of law (RoL) in the Agenda 2030, the article examines the RoL as a non-trade policy objective (NTPO) that has been incorporated into the vast majority of EU preferential trade agreements (PTAs) with third countries. In particular, it focuses on the EU’s five “new generation” PTAs with developing countries, located on different continents, emphasizing the PTAs’enforcement and dispute settlement mechanisms. We find that, although the PTAs contain far-reaching RoL clauses, the EU lacks a comprehensive strategy of promoting the RoL under its trade policy.