WTO Influence on EU Law: Too Close for Comfort?
- Pieter Jan Kuijper,
- Frank Hoffmeister
- … show all 2 hide
Abstract
This contribution analyses the influence of WTO primary and secondary law on the primary and secondary law of the European Union. Moreover, the influence of WTO panel and Appellate Body reports on EU secondary law and administrative decisions is evaluated. As a principal example the article takes the interaction between WTO and EU anti-dumping law. However, also other selected examples of the influence of WTO law on EU law are subjected to scrutiny. It turns out that WTO primary and secondary law have had a considerable influence on EU primary and secondary law and their interpretation. This is true in particular where the scope and the technical aspects of classical trade policy are concerned, ranging from the scope of the EU’s trade policy powers to the details of EU anti-dumping law. However, in respect of the EU’s internal regulatory policies, the WTO has had much less influence and the EU has been less law-abiding.
- Abbott F (2005) The WTO medicines decision: world pharmaceutical trade and public health. Am J Int Law 99:317–358
- Bungenberg M (2010) Going global? The EU common commercial policy after Lisbon. Eur Yearb Int Econ Law 1:123–151
- de Búrca G, Scott J (eds) (2001) The EU and the WTO, legal and constitutional issues. Hart, Oxford & Portland
- Ehlermann CD (2002) Six years on the bench of the ‘World Trade Court’: some personal experiences as member of the appellate body of the World Trade Organization. J World Trade 36(4):605–639
- European Commission (2010) Free movement of goods, guide to the application of treaty provisions governing the free movement of goods. Publications Office of the European Union, Luxembourg
- Feichtner I (2010) The waiver power of the WTO—opening the WTO for political debate on the reconciliation of competing interests. Eur J Int Law 20(3):615–645
- Gaines S, Egelund Olsen B, Engsig Sørensen K (eds) (2012, forthcoming) Liberalising trade in the EU and the WTO: comparative perspectives. Cambridge University Press, Cambridge
- Hoffmeister F (2010) Curse or blessing? Mixed agreements in recent practice. In: Hillion C, Koutrakos P (eds) Mixed agreements revisited. Hart, Oxford and Portland, pp 253–267
- Hoffmeister F (2011) The European Union’s common commercial policy a year after Lisbon—sea change or business as usual? In Koutrakos P (ed) The European Union’s external relations a year after Lisbon. CLEER working papers 2011, vol 3, pp 83–95
- Hoffmeister F (2013, forthcoming) Institutional aspects of global trade governance. In: Van Vooren B, Blockmans S, Wouters J (eds) The EU’s role in global governance: the legal dimension. Oxford University Press, Oxford
- Holmes P (2001) The EU and the WTO: some constitutional comparisons. In: de Búrca G, Scott J (eds) The EU and the WTO, legal and constitutional issues. Hart, Oxford & Portland, pp 59–80
- Kuijper PJ (1996) Booze and fast cars: tax discrimination under GATT and the EC. In: Legal issues of European integration: special issue in honour of prof. Richard Lauwaars, pp 129–144
- Kuijper PJ (2009) WTO Institutional aspects. In: Bethlehem D et al. (eds) The Oxford handbook of international trade law. Oxford University Press, Oxford, pp 79–128
- Kuijper PJ (2012) The court of justice and the appellate body: between constitutionalism and dispute settlement. In: Gaines S, Egelund Olsen B, Engsig Sørensen K (eds) Liberalising trade in the EU and the WTO: comparative perspectives. Cambridge University Press, Cambridge
- Lavranos N (2004) Decisions of international organizations in the European and domestic legal orders of selected EU member states. Europa Law Publishing, Groningen
- Mavroidis PC (2003) Trade disputes concerning health policy. In: Petersmann EU, Pollack MA (eds) Transatlantic economic disputes. Oxford University Press, Oxford, pp 233–245
- Slotboom MM (2005) Do different treaty purposes matter for treaty interpretation? A comparison of WTO and EC law. Cameron May Publishing, London
- Tsymbrivska O (2010) WTO DSB decisions in the EC legal order: approach of the community courts. Leg Issues Econ Integr 37:185–202
- Williams R (2006) Promoting sustainable development in developing countries: a discriminating approach of the EC? Some inferences from the WTO dispute on the EC’s conditions for the granting of special tariff preference arrangements to combat drug production and trafficking. In: Pallemaerts M (ed) EU and WTO law: how tight is the legal straitjacket for environmental regulation. VUB Brussels University Press, Brussels, pp 209–274
- Wirth DA (2006) The transatlantic GMO dispute against the European communities—some preliminary thoughts. In: Pallemaerts M (ed) EU and WTO law: how tight is the legal straitjacket for environmental regulation. VUB Brussels University Press, Brussels, pp 175–208
- Title
- WTO Influence on EU Law: Too Close for Comfort?
- Book Title
- Between Autonomy and Dependence
- Book Subtitle
- The EU Legal Order under the Influence of International Organisations
- Pages
- pp 131-158
- Copyright
- 2013
- DOI
- 10.1007/978-90-6704-903-0_7
- Print ISBN
- 978-90-6704-902-3
- Online ISBN
- 978-90-6704-903-0
- Publisher
- T. M. C. Asser Press
- Copyright Holder
- T.M.C.ASSER PRESS, The Hague, The Netherlands, and the authors
- Additional Links
- Topics
- eBook Packages
- Editors
-
-
Ramses A. Wessel
(ID1)
-
Steven Blockmans
(ID2)
-
Ramses A. Wessel
- Editor Affiliations
-
- ID1. , Centre for European Studies, University of Twente
- ID2. , Unit on EU Foreign Policy, Centre for European Policy Studies
- Authors
-
-
Pieter Jan Kuijper
(1)
-
Frank Hoffmeister
(2)
-
Pieter Jan Kuijper
- Author Affiliations
-
- 1. Faculty of Law, University of Amsterdam, Amsterdam, The Netherlands
- 2. Cabinet of EU Trade Commissioner De Gucht, European Commission, Brussels, Belgium
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