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

Abstract

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.

Suggested Citation

Emch, Adrian, 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, Available at SSRN: https://ssrn.com/abstract=933231

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
559
Abstract Views
1,764
rank
54,118
PlumX Metrics