DSB decisions and direct effect of WTO law: Should the EC courts be more flexible when the flexibility of the WTO system has come to an end
Article Abstract:
The EC courts do not recognize, apart from two exceptions, the authority of the General Agreement on Tariffs and Trade (GATT) and the WTO (World Trade Organization) law on its legal system, justifying their position on the ground of the flexible nature of the GATT and WTO rules. Three judgments are examined that take into account the issue of the direct effect of WTO law in relation to Reports adopted by the WTO DSB (Dispute Settlement Body).
Publication Name: Journal of World Trade (Law-Economics-Public Policy)
Subject: Political science
ISSN: 1011-6702
Year: 2006
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Safeguards in the World Trade Organization ten years after: A dissociated state of the law?
Article Abstract:
The contradictory functioning of World Trade Organization Agreement on Safeguards during the first ten years of application, are investigated. The situation is better described as a dissociation scenario between the 'law as stated' and the 'law as applied' and the causes of this dissociation are analyzed. The causes relating to legal technique and those relating to legal theory are distinguished.
Publication Name: Journal of World Trade (Law-Economics-Public Policy)
Subject: Political science
ISSN: 1011-6702
Year: 2007
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WTO dispute settlement and dispute settlement in the "North-South" agreements of the Americas: considerations for choice of forum
Article Abstract:
The issues to be considered when Anglo American and Latin American parties in dispute decide to seek either the World Trade Organization dispute settlement system or the dispute settlement mechanism of the relevant regional agreement are discussed.
Publication Name: Journal of World Trade (Law-Economics-Public Policy)
Subject: Political science
ISSN: 1011-6702
Year: 2007
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