Enforcing WTO-obligations in EU law: The Effect of WTO Dispute Settlement Body Decisions
Independent thesis Advanced level (professional degree), 20 credits / 30 HE creditsStudent thesis
The world trade is inevitably bringing countries closer and increasing interdependence. This process calls for collective efforts in order to establish common rules and structures to facilitate cooperation that is beneficial for all parties. These efforts are to a large extent embodied in the World Trade Organisation (WTO). However, from a legal perspective, the interface of various legal orders is not without difficulties. Many different parties with different agendas are involved. An important transformation regarding the legal aspects of world trade began in 1994 following the creation of the WTO. In particular, the mechanism to settle disputes was judicialized and the possibility to veto against adverse rulings of the WTO judiciary was practically removed.
In this thesis I will address the interface between WTO law, public international law, EU law and the economic operators of the EU. I will specifically address the contentious issue whether a EU company may rely on a decision of the WTO judiciary in order to have a EU measure declared unlawful. In the case FIAMM and Fedon v Council and Commission the Court of Justice of the European Union refused to accord such effect to the judicial decisions of the WTO judiciary. In this thesis I will examine and scrutinize the Court’s arguments for such refusal.
Place, publisher, year, edition, pages
2014. , 49 p.
EU law, International Trade law, WTO, Dispute Settlement
IdentifiersURN: urn:nbn:se:uu:diva-224765OAI: oai:DiVA.org:uu-224765DiVA: diva2:718206
Iacovides, Marios, Doctoral candidate
Hobér, Kaj, Professor