Trade policy evolved in different regulatory generations, from tariffs to domestic legislation and what are called “behind-the-border-issues” (BBIs). They are predominant today due to enhanced global value chains and trade in components, calling for harmonization of international product standards and related regulations which traditionally pertain to the prerogative of parliament in domestic law. The changing structure of international trade law calls, as a corollary, for more inclusive modes of negotiations which the paper discusses under the heading of “front-loading” trade policy making in the European Union. Upon discussing the US Trade Act, the paper suggest to adopt a European Trade Act in the EU which secures early input of the European Parliament, of civil society and national parliaments in defining the scope and goals of EU trade policy prior to defining a specific mandate and to engaging international negotiations.
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