Is there a case - legally and politically - for direct effect of WTO obligations?: (abstract only)

WTO law does not require its direct effect in domestic legal orders. Whilst the stances taken in these are diverse, showing that direct effect is not denied on the whole to WTO law, all the major trading members of the WTO deny it. The fact that, in a case where a WTO member does not comply and is t...

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Bibliographic Details
Published inInternational journal of constitutional law Vol. 12; no. 1; p. 189
Main Author Ruiz Fabri, H.
Format Journal Article
LanguageEnglish
Published 01.01.2014
Subjects
Disadvantaged
Economic actors
Equity
European Union
Justice
Law
Obligation
Sanctions
Sanctions (international law)
Trade
World Trade Organization
WTO
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Summary:WTO law does not require its direct effect in domestic legal orders. Whilst the stances taken in these are diverse, showing that direct effect is not denied on the whole to WTO law, all the major trading members of the WTO deny it. The fact that, in a case where a WTO member does not comply and is targeted by trade sanctions, the economic actors who in practice bear the burden of these sanctions are deprived of any recourse, may be considered unfair enough to question again the denial of direct effect. The analysis focuses notably on the EU where the debate has expanded more than anywhere else and concludes that direct effect should, even in the name of fairness or justice, be handled with caution. Adapted from the source document.
Bibliography:INTERNATIONAL JOURNAL OF CONSTITUTIONAL LAW, Vol. 12, No. 1, Jan 2014, [189]
Informit, Melbourne (Vic)
ObjectType-Article-1
SourceType-Scholarly Journals-1
ObjectType-Feature-2
content type line 23
ISSN:1474-2640
1474-2659
DOI:10.1093/icon/mou022