Lecturer International Economic Law

PhD in Law (EUI)
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Biography

Gracia is a Lecturer in International Economic Law and the founding director of the LLM Programme in International Economic Law. She is also a Visiting Lecturer at the Graduate Institute of International and Development Studies (Geneva).

Her research interests lie generally in WTO law (with a specific focus on the interface between international trade disciplines and environmental protection, development issues and regional integration), as well as in the law of EU external relations (with a specific focus on the interplay between external trade and sustainable development policies), which are also the core areas of her teaching portfolio at Edinburgh School of Law. Her recent publications have focused on the use and promotion of regulatory standards in the EU's external economic policies, including a co-authored monograph (with Dr. Elisa Morgera) on environmental integration in the EU’s external relations, and a two-chapter contribution (with Prof. Marise Cremona) in a AHRC-funded research project on ‘fair trade’. She has also conducted extensive research on the balance between trade liberalisation and other public policy objectives under the WTO Agreement on Technical Barriers to Trade during her Visiting Research Fellowships at both the World Trade Organisation (September 2014-December 2014) and the Graduate Institute of International and Development Studies (March 2015-August 2015).

Prior to joining the School in February 2011, Gracia gained significant practical experience in these fields, serving as a trade officer at the EU Delegation to the Republic of South Africa (2009-2011), and working at the WTO Legal Affairs Division (2007). She has also provided legal consultancy on trade and trade-related matters to international organisations, including the United Nations Food and Agriculture Organisation (2008) in the preparation of a legislative study on organic agriculture, and the Organisation for Economic Cooperation and Development (2012-2013) co-leading (together with Dr. Elisa Morgera and Prof. Alan Boyle) and contributing to the preparation of a consultative study on the organisation’s standard-setting function and global impact.

Gracia holds a PhD in law from the European University Institute (Florence, Italy), a MA in International Law and International Economics from the Johns Hopkins University-SAIS (Washington D.C., USA), and a BA in European Studies from the University College London (London, UK).

Teaching

She welcomes enquiries from potential PhD students interested in conducting doctoral research in any of these areas and/or in undertaking the LLM Programme in International Economic Law.

Websites

Dr Gracia Marin-Duran's Homepage at Edinburgh Law School

Biography

Gracia is a Lecturer in International Economic Law and the founding director of the LLM Programme in International Economic Law. She is also a Visiting Lecturer at the Graduate Institute of International and Development Studies (Geneva).

Her research interests lie generally in WTO law (with a specific focus on the interface between international trade disciplines and environmental protection, development issues and regional integration), as well as in the law of EU external relations (with a specific focus on the interplay between external trade and sustainable development policies), which are also the core areas of her teaching portfolio at Edinburgh School of Law. Her recent publications have focused on the use and promotion of regulatory standards in the EU's external economic policies, including a co-authored monograph (with Dr. Elisa Morgera) on environmental integration in the EU’s external relations, and a two-chapter contribution (with Prof. Marise Cremona) in a AHRC-funded research project on ‘fair trade’. She has also conducted extensive research on the balance between trade liberalisation and other public policy objectives under the WTO Agreement on Technical Barriers to Trade during her Visiting Research Fellowships at both the World Trade Organisation (September 2014-December 2014) and the Graduate Institute of International and Development Studies (March 2015-August 2015).

Prior to joining the School in February 2011, Gracia gained significant practical experience in these fields, serving as a trade officer at the EU Delegation to the Republic of South Africa (2009-2011), and working at the WTO Legal Affairs Division (2007). She has also provided legal consultancy on trade and trade-related matters to international organisations, including the United Nations Food and Agriculture Organisation (2008) in the preparation of a legislative study on organic agriculture, and the Organisation for Economic Cooperation and Development (2012-2013) co-leading (together with Dr. Elisa Morgera and Prof. Alan Boyle) and contributing to the preparation of a consultative study on the organisation’s standard-setting function and global impact.

Gracia holds a PhD in law from the European University Institute (Florence, Italy), a MA in International Law and International Economics from the Johns Hopkins University-SAIS (Washington D.C., USA), and a BA in European Studies from the University College London (London, UK).

Books and Reports

Gracia Marin-Duran, Elisa Morgera, Environmental Integration in the EU's External Relations: Beyond Multilateral Dimensions, (Hart, 2012)
Abstract: The book examines the integration of environmental protection requirements into EU external relations focusing on unilateral, bilateral and inter-regional instruments, which have been less explored than the multilateral dimension of EU environmental policy. The book also explores for the first time the complex interplay and mutual influences between EU environmental integration initiatives and environmental multilateralism. On the one hand it identifies the legal and other instruments used by the EU to support the implementation of multilateral environmental agreements in third countries (particularly developing ones). On the other hand, it singles out the legal and other tools employed by the EU as a means to build partnerships with third countries in order to influence ongoing multilateral negotiations concerning the environment and sustainable development, or to contribute to the development of new international environmental norms in the absence of such multilateral negotiations. Ultimately, the book traces the significant evolution of the various tools deployed by the EU to integrate environmental concerns in its external relations, with a view to identifying emerging challenges and future directions.

Articles

Gracia Marin-Duran, 'Measures with multiple competing purposes after EC seal products: Avoiding a conflict between Gatt article XX-Chapeau and article 2.1 TBT agreement', (2016), Journal of International Economic Law, Vol 19, pp 467-495
Abstract: One of the issues on which the report of the Appellate Body in EC – Seal Productshasstirred considerable debate among legal academics is how to deal with product regulationsallegedly having multiple policy purposesunder World Trade Organization (WTO) law.For the most part, academic discussions have focused on the Appellate Body’s analysis ofthis issue under the chapeau of Article XX of the General Agreement on Tariffs and Trade (GATT). This article seeks to contribute to this debate by taking a more systemic perspec-tive and considering also how this type of measure would be appraised under Article 2.1Agreement on Technical Barriers to Trade (TBT). It begins by examining why measurespurportedly balancing multiple competing purposes, as in theEC - Seal Productscase, maynecessitate justification under WTO law and why the Appellate Body’s self-imposed ra-tional connection requirement is not appropriate to that end. A second argument advanced in this article is that, contrary to what the Appellate Body appeared to suggest inEC –Seal Products, the legal standards for justifying discrimination under the GATT ArticleXX-chapeau and Article 2.1 TBT Agreement should be essentially the same, and thusconflicting interpretations avoided in relation to the rational connection standard. A two-tier test for bringing in line these justification provisions is suggested which enquires,first, into whether there is a genuinely legitimate rationale for the discrimination, and sec-ondly, whether the discriminatory impact is necessary to achieve that legitimate purpose.

Elisa Morgera, Gracia Marin-Duran, 'The UN 2005 World Summit, the Environment and the EU: Priorities, Promises and Prospects', (2006), Review of European Community and International Environmental Law, Vol 15, pp 11-22
Abstract: This article analyses the role of the EU in the 2005 United Nations World Summit, with specific reference to environmental protection and sustainable development issues. The article will discuss the EU priorities in the pre-Summit process; its negotiating position during the informal sessions and the high-level segment of the sixtieth session of the General Assembly; and its pledges in the successive discussions on the follow-up and implementation of the Summit outcome. It will conclude by evaluating the impact of the EU on the final Summit Outcome Document, and the challenges the EU faces in effectively contributing to follow-up and implementation.

Elisa Morgera, Gracia Marin-Duran, 'WTO India-EC GSP Dispute: The Future of Unilateral Trade Incentives linked to Multilateral Environmental Agreements', (2005), Review of European Community and International Environmental Law, Vol 14, pp 173-79
Abstract: Case note.

Elisa Morgera, Gracia Marin-Duran, 'Enlargement and EU Development Policy: An Environmental Perspective', (2004), Review of European Community and International Environmental Law, Vol 13, pp 152-63

Chapters

Gracia Marin-Duran, 'The EU and it's member states in WTO dispute settlements A ‘Competence Model’, or A Case Apart, for Managing International Responsibility?' in M Cremona, A Thies, R Wessel (ed.) The EU and International Dispute Settlement (Hart Publishing 2015)

Gracia Marin-Duran, 'Non-Tariff Barriers and the WTO Agreement on Technical Barriers to Trade The Case of PPM-based Measures after US-Tuna II and EC-Seal Products' in Christoph Herrmann, Markus Krajewski, Jörg Philipp Terhechte (ed.) European Yearbook of International Economic Law 2015 (Springer 2015) 87-136

Gracia Marin-Duran, Elisa Morgera, 'Commentary to Article 37 Environmental Protection' in Steve Peers, Tamara Hervey, Jeff Kenner, Angela Ward (ed.) The EU Charter of Fundamental Rights (Beck/Hart/Nomos 2014) 983-1003

Gracia Marin-Duran, 'The Role of the EU in Shaping the Trade and Environment Nexus Multilateral and Regional Approaches' in Bart Van Vooren, Steven Blockmans, Jan Wouters (ed.) The EU's Role in Global Governance (Oxford University Press 2013) 224-40
Abstract: The EU appears determined to actively use its trade agreements with other countries or regions to advance its trade and environment agenda. This chapter asks: does ‘mutual supportiveness’ between trade and environment have the same meaning for the EU in the multilateral and bilateral/regional contexts? And to what extent, if at all, are the two approaches ‘mutually supportive’ in enhancing the Union's capacity to shape the trade and environment regulatory nexus at the global level? The chapter is organized as follows. Section 2 briefly introduces the trade and environment nexus to identify the key regulatory issues that will inform the analysis of the EU's approaches to the global governance of these issues. Section 3 examines the extent to which the EU legal framework enables ‘mutual supportiveness’ between EU external trade and environmental policies. Section 4 explores the EU's multilateral approach to the trade and environment nexus, focusing on one key regulatory issue of particular interest to the EU but still divisive among WTO members, namely: the clarification of the relationship between WTO rules and specific trade obligations contained in multilateral environmental agreements. Section 5 draws attention to an emerging shift in EU practice towards incorporating specific chapters on ‘trade and sustainable development’ in regional trade agreements. The chapter concludes with some reflections on the EU's role in shaping the trade and environment regulatory nexus at the global level.

Gracia Marin-Duran, 'Innovations and Implications of the Trade and Sustainable Development Chapter in the EU-Korea Free Trade Agreement ' in James Harrison (ed.) The European Union and South Korea (Edinburgh University Press 2013) 124-48
Abstract: This chapter critically analyses the Trade and Sustainable Development (T&SD) chapter of the EU-Korea FTA. It undertakes a detailed consideration of the substantive and institutional provisions of the T&SD chapter, highlighting differences and similarities in regulatory approaches, vis-à-vis EU practice under other FTAs. The author also draws some comparisons with the environment and labour chapters of the Korea-United States FTA, concluded in 2007. The chapter also identifies and reflects on some critical legal and policy questions that are likely to arise in relation to bilateral cooperation under the T&SD chapter in the years to come. In the final section, the T&SD chapter is assessed in terms of its potential to act as an alternative model for regulating trade-environment and trade-labour linkages in the framework of regional trade agreements, as well as its broader implications for multilateral processes on these issues. It is suggested that the T&SD chapter in the EU-Korea FTA could set the standard for other FTAs subsequently negotiated by the EU. Moreover, institutionalised dialogue under the T&SD chapter may be used by the EU and Korea as a platform to forge common positions in international fora responsible for social, environmental and trade matters, notably the International Labour Organization, multilateral environmental bodies and the World Trade Organization.

Gracia Marin-Duran, 'Linking trade liberalisation, standardisation and development Sanitary and phytosanitary measures in the Economic Partnership Agreements between the EU and ACP states' in Marise Cremona, Tamara Takacs (ed.) Trade Liberalisation and Standardisation (Centre for the Law of EU External Relations 2013) 25-44

Gracia Marin-Duran, Marise Cremona, 'Fair Trade in the European Union Regulatory and Institutional Aspects' in Brigitte Granville, Janet Dine (ed.) The Processes and Practices of Fair Trade (Routledge 2012)

Gracia Marin-Duran, 'The International Fair Trade Movement Actors and Regulatory Approaches' in Brigitte Granville, Janet Dine (ed.) The Processes and Practices of Fair Trade (Routledge 2012)

Elisa Morgera, Gracia Marin-Duran, 'Towards Environmental Integration in EC External Relations? A Comparative Analysis of Selected Association Agreements' in Yearbook of European Environmental Law (Oxford University Press 2006) 179-210

Working Papers

Gracia Marin-Duran, Elisa Morgera, 'Commentary on Article 37 of the EU Charter of Fundamental Rights: Environmental Protection' 2013
Abstract: This paper analyzes Article 37 (Environmental Protection) of the EU Charter of Fundamental Rights from the viewpoints of EU law and international environmental law. It explores the reasons for the lack of any individually justifiable environmental right of a substantive or procedural character under the Charter. The paper then investigates the potential of Article 37 to influence the interpretation and application of EU law and of other Charter provisions in the light of the EU Treaty requirement of environmental integration.