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On the Application of WTO Law in EC: From the Perspective of ECJ’s Rulings

Author: ChengBaoZhi
Tutor: ZengLingLiang
School: Wuhan University
Course: International Law
Keywords: WTO law Applicable Direct effect EC European Court of Justice
CLC: D99
Type: Master's thesis
Year: 2005
Downloads: 205
Quote: 2
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Abstract


The the applicable of the of WTO Law in the EC is the the a extremely complex issue, in this regard is due to on the of WTO Law of their own complexity due to the sexual, and the On the other hand was is the due to of the a member of the the European Community and its member States are part the WTO '. While the the focus of the method of the WTO in the the the applicable in the the EC within the legal system is direct effect to problem, Therefore, In this paper, is mainly combined with the the the direct effectiveness of in the European Community Law by the concept of from the the the underlying in the-judgment of the last three decades at the European Court of Justice to pluck the a typical case of, to discussed in the the of this complex subject of the the the applicable of the GATT / WTO method in the EC. Full-text divided into five parts. The first part of briefly introduced the of WTO Law in the domestic the applicable the general theory of and Practice of, focusing on discussed the the the applicable problem of the the the judiciary and the the parties on the of WTO Law of the, that is, the whether the the domestic Court of Justice and the parties can applicable (citing) WTO method, the key lies of WTO Law whether the be given a in directly force and effect. Is discussed in second part of the. The European Court of Justice applies to in the the theoretical basis of of of WTO Law,, ie, the directly the principle of effectiveness in the European Community Law, clarify the the the meaning of of of the principle contained as established by the important position of in connection with the furnishing, performance, or and its in the the EC law system in the, and the focus on the Europe the the the direct effectiveness of of the a total of body the international agreements concluded by carried out an in-depth analysis of of. The third part is information about the the GATT in 1947 (GATT 1947) in the the are believed to be European Community Law directly the of the exposition of of the the question of validity was and the judgment by the, European Court of Justice a structural defects of GATT1947-based its do not have a has direct effect, This section and meticulous analysis of the international fruit company case and so on the the a typical case of and the the Grounds for the decision of the the European Court of. The direct effect of the the the fourth part of the of the WTO Agreement in the European Community Law is the a core part of of this article, European Court of Justice 'through the on the on the Portugal v. the the judgment of of the the and other cases of the Council of the EC have been established the basic stance of its on the the relevant the WTO agreements direct effect to, that is, from the the the direct the effectiveness of of the negate the WTO agreement on the in the the overall; For the WTO Dispute to solve the the the direct effectiveness of of the the institutions's ruling, European Court of Justice At first is generally be completely negated, can be the most recent on this issue attitude is then the become rather delicate; As for the European Court of Justice refused to the WTO agreement direct effect to the reasons for, maintenance the overall interests of of the Community, the the powers of of political structures and internal balance the but the the-led sexual factors. The fifth part may addressed the European Court of Justice in the WTO Agreement, which direct effect to the's position on the in question the Enlightenment to China, the our country Court of Justice should also be to refused to the the direct the effectiveness of of the WTO agreement in the overall on the in, but, in an exceptional the case of, can be to admit its the the direct effectiveness of over the in our country, but also The the our country Court of Justice should attach importance to the the the use of of the \

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