The Trade Barriers Regulation can be seen as an example of the European Union’s role in the international trading system. A neoliberal wave of thought notwithstanding, countries continue to be characterised by the existence of different market economy models. From an external point of view, this implies a need for the EU to influence strongly the developments of the international trading legal framework. Unfair trade instruments such as the Trade Barriers Regulation, can be one way of doing this. From a domestic point of view, market diversity within the EU implies a constant conflict during the definition of EU trade interests. The shifting balance between domestic diversity and the need for external efficiency has lead to a Common Commercial Policy characterised by an ambiguous system of multilevel governance and second‐best outcomes as reflected in the Trade Barriers Regulation.
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