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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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Direct Effect of WTO Law

ISBN13: 9781905017607
Published: April 2008
Publisher: Cameron May Ltd
Country of Publication: UK
Format: Hardback
Price: Out of print

The effect of the WTO Agreements within the legal order of the EU has been the object of a fierce controversy in the case law of the CFI and of the ECJ ever since the conception of the WTO. The case law of these Courts clearly indicates that practitioners seem to have explored practically all the boundaries of this extremely fascinating subject.

Direct Effect of WTO Law is a collection of essays written by a prominent practitioner of EU law and international trade law which chronicles the evolution in the case law of the European Courts in Luxembourg on the enforceability of GATT and WTO law in the EU legal order.

The author was not only actively involved in some of the most prominent cases but was also one of the first scholars to focus on more controversial subjects and questions such as the status of decisions taken by the WTO dispute settlement bodies and the question whether the EU institutions could be held liable under EU law for not acting in conformity with WTO law.

The book also contains some essays on the opportunities given to EU companies to enforce WTO law through the application of the so-called Trade Barriers Regulation and gives an almost complete picture of how WTO law can be enforced in the EU legal order.

Competition Law, International Trade
Part I: Direct Effect;
Chapter I The Direct Effect Of GATT In Community Law: From International Fruit Company To The Banana Cases
Chapter II The Hèrmes Judgment: Reconciling The Principles Of Uniform And Consistent Interpretation
Chapter III The Legal Status Of WTO Panel Reports In The EC Legal Order: Some Reflections On The Opinion Of Advocate General Misscho In The Atlanta Case
Chapter IV The Status Of WTO Panel And Appellate Body Reports In The European Court Of Justice And The European Court Of First Instance: The Banana Experience
Chapter V The Status Of WTO Law In The EC Legal Order: The Final Curtain?
Chapter VI The Bed Linen Case and Its Aftermath: Some Comments On The European Community’s World Trade Organisation Enabling Regulation
Chapter VII The Latest On Indirect Effect Of WTO Law In The EC Legal Order
Chapter VIII EC Liability For Non-Implementation Of Adopted Panel And Appellate Body Reports
Chapter IX EC Liability For The Non-Implementation Of WTO Settlement Decisions – Advocate General Alber Proposes A Copernican Innovation In The Case Law Of The ECJ
Chapter X The ECJ’s Petrotub Judgment : Towards A Revival Of The Nakajima Doctrine?
Chapter XI EC Liability For The Non-Implementation Of WTO Settlement Decisions – Are The Dice Cast?
Chapter XII Enforceability Of WTO Law For Individuals: Rien Ne Va Plus?
Part II: The EU Trade Barriers Regulation;
Chapter I The EC Trade Barriers Regulation: More Opportunities For Community Industries?
Chapter II The EC Trade Barriers Regulation – The EC’s Move Towards A More Aggressive Market Access Strategy
Chapter III The Protection Of Intellectual Property Rights Under The EC Trade Barriers Regulation – An Analysis Of The IMRO Case
Part III: Amicus Briefs and The WTO;
The Appellate Body Communication On Amicus Curiae Briefs In The Asbestos Case – An Echternach Procession?