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Criteria for Evaluating the Distribution of Powers and Its Compliance

Rafael Leal-Arcas ()
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Rafael Leal-Arcas: Alfaisal University, College of Law & International Relations

Chapter Chapter 6 in International Trade Relations of the European Union, 2022, pp 115-127 from Springer

Abstract: Abstract This chapter provides an evaluation of the division of competences between the European Union and its Member States, using some non-legal criteria, where we shall see how the Member States have delegated their authority to negotiate international trade agreements to the supranational level. The delegation of competences in the EU can be explained through the Principal-Agent theory. This theory has only recently been applied to the context of international trade negotiations. According to this theory, agency costs can be due, inter alia, to information asymmetries. In other words, agents know more about their duties than their principals do. In the context of negotiations, we would speak of agency costs because the negotiator knows more than the principal about the constraints of external negotiations. Often, agency costs also may occur because the agent’s interests may not be the same as those of her or his principals. The challenge is to create institutional arrangements to minimize such agency costs.

Keywords: Distribution of powers; Compliance; Clarity; Transparency; Accountability; Efficiency (search for similar items in EconPapers)
Date: 2022
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Persistent link: https://EconPapers.repec.org/RePEc:spr:sprchp:978-3-031-14076-1_6

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DOI: 10.1007/978-3-031-14076-1_6

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