ABSTRACT
Political constraints emerge outside the sphere of established rules, formal procedures and institutional balances. Political movements and popular contestation can have an impact on negotiations and have driven the development of the investment court system. The importance of diplomacy in solving disputes over trade-related non-trade issues is not simply the result of policymakers’ choice but also reflects the character of related treaty provisions. As regards trade defence measures, the divisions within the European Union (EU) can politicize disputes and make Council approval for measures proposed by the Commission strenuous. The EU’s Asian partners are catching up in terms of familiarity with and use of legal provisions and formal procedures. Since all of them have less trouble with internal divisions, one should expect to see a shift in dynamics and a more balanced relationship. The chapter also presents some closing thoughts on the key concepts discussed in the preceding chapters of this book.
