Il nuovo strumento anti-coercizione europeo e il futuro assetto dei rapporti tra l’Unione europea e l’Organizzazione mondiale del commercio

This article examines the new Anti-Coercion Instrument (ACI) adopted by the European Union (EU) in December 2023 as a response to the growing trend of economic coercion in international trade relations. It analyses the origins and key features of the ACI, which allows the EU to impose countermeasures against third countries that engage in economic coercion against the EU or its member states. Then it highlights potential incompatibilities between the ACI and World Trade Organization (WTO) rules, particularly with regard to the exclusivity principle under Article 23 of the WTO Dispute Settlement Under- standing and the justification of the ACI’s response measures as countermea- sures under general international law. The article concludes by arguing that the unilateral nature of the ACI could have significant implications for the future relationship between the EU and the WTO. It also suggests that the EU’s initiative reflects a broader shift towards economic security considerations taking precedence over free trade principles in the current geopolitical land- scape