The European Court of Justice and WTO Dispute Settlement Rulings - the End of the Flirt
Journal of World Investment and Trade, Vol. 7, No. 4, August 2006
24 Pages Posted: 28 Sep 2006
The World Trade Organization (WTO) and the European Union (EU) are young, though far-reaching, systems of international integration. The EU is not only a regional trade agreement permissible under WTO law, but also a Member of the WTO on its own right. But where exactly are the points of intersection between WTO and EU law? Do the two systems interact in a cooperative manner, or are they heading towards conflict? Does EU law form part of a wider, WTO-based, ius commune of international trade? Or is it simply the "national" law of a WTO Member? Although not explicitly raised, this set of questions was underlying the three Banana disputes before the EU courts during the course of 2005: Van Parys, Chiquita and FIAMM. This paper critically examines the EU courts' findings that an EU measure explicitly held to be incompatible with WTO law by the WTO's dispute settlement body is not unlawful as a matter of EU law.
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