The shift to unilateralism in the European Union’s trade policy: An exercise in taxonomy - Common Market Law Review View The shift to unilateralism in the European Union’s trade policy: An exercise in taxonomy by - Common Market Law Review The shift to unilateralism in the European Union’s trade policy: An exercise in taxonomy 62 4

This article examines the European Union’s (EU’s) evolving approach to trade and investment policy in an era of rising geopolitical tensions, economic fragmentation and increasing global unilateralism. As confidence in multilateral institutions, such as the World Trade Organization (WTO), declines, the EU – traditionally a proponent of multilateralism – has increasingly adopted unilateral legal instruments to defend its strategic interests. Although several commentators have attempted to categorize these new tools, existing taxonomies are largely descriptive and one-dimensional. They fail to capture the broader geopolitical and normative implications of the EU’s emerging trade and investment strategy. This article seeks to address these shortcomings by proposing a novel, multidimensional taxonomy that considers the instruments’ regulatory rationale and strategic intent, as well as how they interact with the WTO framework. Rather than providing a full legal assessment of WTO compatibility, the taxonomy aims to serve as a functional guide for policymakers and stakeholders. It provides a clearer understanding of which measures risk exacerbating ‘policy-driven’ geoeconomic fragmentation, and of how the EU might constructively utilize unilateralism within WTO reform efforts. Focusing on legislative acts adopted between December 2019 and December 2023, including the Foreign Direct Investment Screening Regulation, the Carbon Border Adjustment Mechanism and the Foreign Subsidies Regulation, the article maps the EU’s more recent turn to unilateralism. It concludes by emphasizing the importance of a structured legal taxonomy as a tool for shaping policy and enhancing legal certainty in international trade relations.

Common Market Law Review