The status of GATT in EC Law, revisited: consequences of the judgment on the Banana import regime for the enforcement of the Uruguay round agreements
By: Castillo de la Torre, Fernando
Publisher: European Commission ; Brussels Description: [15 p.]Subject(s): BANANAS | GATT | EUROPEAN COURT OF JUSTICESummary: A couple of years ago, two judgments of the European Court of Justice (EJC) raised the hope that GATT could be invoked by individuals in direct action before the court of Justice. The judgment, in short, finds that GATT is unforceable and a matter of principle. However, the court of Justice did recognize the possibility of relying on GATT provision in certain circumstances. The nature of the circumstances is far from clear and therefore crucial question remain largely unresolved by the judgment. The changes introduced by the Uruguay Round agreements which entail substantial reforms in the institutional setting of international trade rules, may also raise doubts about the straight application of the existing case laws on the old GATT to the provisions of the new arrangements.| Item type | Current location | Call number | Status | Date due | Barcode |
|---|---|---|---|---|---|
| Grey Literature | National Documentation Centre Vertical File | 00499-VV (Browse shelf) | Available | 3774 |
A couple of years ago, two judgments of the European Court of Justice (EJC) raised the hope that GATT could be invoked by individuals in direct action before the court of Justice. The judgment, in short, finds that GATT is unforceable and a matter of principle. However, the court of Justice did recognize the possibility of relying on GATT provision in certain circumstances. The nature of the circumstances is far from clear and therefore crucial question remain largely unresolved by the judgment. The changes introduced by the Uruguay Round agreements which entail substantial reforms in the institutional setting of international trade rules, may also raise doubts about the straight application of the existing case laws on the old GATT to the provisions of the new arrangements.
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