Before the Free Trade Agreement

The Legal and Value-Framing Function of EFTA Joint Declarations on Cooperation

Abstract

Joint Declarations on Cooperation (JDCs) are used by the Member States of the European Free Trade Association (EFTA) to structure relations with external partners, often as a preliminary step towards, but not a guarantee of, a free trade agreement (FTA). This article examines the legal, institutional and practical functions they perform independently of a later FTA and how value-related considerations are reflected in their texts and follow-up. It combines doctrinal analysis with comparative content analysis of the complete corpus of six JDCs maintained in EFTA’s trade-relations network as at 30 March 2026: Nigeria, Pakistan, Myanmar, Mauritius, Mongolia and ASEAN, supplemented by publicly available records of practice. The analysis shows that JDCs do not establish preferential trade regimes. Although negotiated within EFTA’s framework, they are concluded by the EFTA States and provide frameworks for dialogue, review, technical cooperation and the exploration of deeper trade relations. Value references are uneven: human rights and democracy are largely preambular, whereas sustainable development, environmental protection and labour-related concerns appear more often in operative provisions. Most bilateral JDCs establish Joint Committees; ASEAN instead relies on a Work Plan and a forum for discussions. Publicly documented practice does not show values serving as a basis for suspension or sanctions. JDCs therefore perform an autonomous framework-setting and agenda-setting function.