The status of GATT in EC law, revisited: the consequences of the judgment on the Banana Import Regime for the enforcement of the Uruguay Round Agreements

Article Abstract:

The European Court of Justice (ECJ) has ruled in Germany v. Council, a judgment on banana imports, that GATT cannot be directly enforced by the court. However, the ruling includes two exceptions that allow some recognition of GATT provisions that have been implemented or referred to in EC law. The ruling emphasizes the role of the policy-making institutions, since the court can consider any secondary legislation relating to GATT that they have adopted. However, many issues have not been resolved, and the decision will be affected by changes under the Uruguay Round agreements.

International aspects, Economic policy, Commercial treaties, Trade agreements, European Court of Justice, European Community, international

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The status of GATT in EEC law: some new developments

Article Abstract:

The European Court of Justice (ECJ), in Nakajima All Precision Co v Council of the European Communities, saw fit to interpret GATT and grant it precedence in matters brought before it, even though GATT has not been approved in the EC. The case revolved around the incompatibility of an anti-dumping provision of GATT with EC regulations. The ECJ ruled that the EC laws had no direct effect on the case, which if a continuing policy may result in the annulment of EC laws in international trade litigation.

Cases, Laws, regulations and rules, European Community law

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The EC banana regime, the WTO rulings and the ACP: fighting for economic survival?

Article Abstract:

The World Trade Organization (WTO) ruling on the international banana trade highlights that the European Community (EC) should reassess its cooperative arrangements with the group of African, Caribbean and Pacific countries. The EC has acknowledged its limitations to promoting trade with ACP and a reassessment of the cooperative arrangements will ensure that the ACP will be helped in developing the tools it needs for economic survival.

Administration of General Economic Programs, International Affairs, Intnl Economic Policy, Fruits and tree nuts, not elsewhere classified, Other Noncitrus Fruit Farming, Bananas, Intnl Commercial Law, Europe, Political aspects, International relations, International economic relations, Commercial law, African, Caribbean and Pacific Group of States

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