Outline and assess the extent to which the WTO Agreements have legal effects before EU and Member States’ courts, creating rights for individuals and the possibility of testing the compatibility of EU secondary legislation with these Agreements.

Type :

Term papers

Pages :

10 pages

Format :

.doc

Published date :

05/09/2009

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Table of Contents Outline and assess the extent to which the WTO Agreements have legal effects before EU and Member States’ courts, creating rights for individuals and the possibility of testing the compatibility of EU secondary legislation with these Agreements. Refer t Table of Contents

 
  1. Abstract
  2. The continuity of GATT/WTO jurisprudence: A succession of missed opportunities?
    1. The foundations of the denial of invocability
    2. The DSB rulings: A springboard for direct effect ?
  3. A alternative approach : Cooperation and pragmatism towards WTO law
    1. The opening to direct effect
    2. Alternatives to direct effect
  4. Conclusions

Abstract

Because its creation was not a simple extension of the GATT, literature has shown a lively curiosity for the reception of wto law within the Community legal order. Some concrete facts justify this infatuation. Unlike its predecessor, the wto is a permanent institution with its own secretariat and a body of jurisprudence, much more susceptible to avoid blockages. In addition, the related agreements cover broader areas than the mere exchange of merchandise goods, such as the trade-related aspects of intellectual property. Thus the foundation of the wto tremendously changed both the structure and the substance of the GATT, towards a much more elaborate system. Needless to say so, in view of the discrepancy, that the legal force of wto law is a question worth revisiting. Another factor accounts for the enthusiasm of the debate. From the founding principles of the organization to the assistance of developing countries in the integration processes, the EEC has been a shining example of activism within the wto machinery. But reciprocally, to what extent does wto law transform the Community?

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