Because its creation was not a simple extension of the GATT, literature has shown a lively curiosity for the reception of WTO law within the Community legal order. Some concrete facts justify this infatuation. Unlike its predecessor, the WTO is a permanent institution with its own secretariat and a body of jurisprudence, much more susceptible to avoid blockages. In addition, the related Agreements cover broader areas than the mere exchange of merchandise goods, such as the trade-related aspects of intellectual property. Thus the foundation of the WTO tremendously changed both the structure and the substance of the GATT, towards a much more elaborate system. Needless to say so, in view of the discrepancy, that the legal force of WTO law is a question worth revisiting. Another factor accounts for the enthusiasm of the debate. From the founding principles of the organization to the assistance of developing countries in the integration processes, the EEC has been a shining example of activism within the WTO machinery. But reciprocally, to what extent does WTO law transform the Community?
[...] Partly because by principle, the Court precluded itself to interpret the texts unilaterally, neither the provisions of the GATT nor the WTO Agreements could be relied upon. But what if the violation of international trade law turned out to be signaled by its own source, namely a WTO body? Would it finally create an obligation for EU and national courts? The birth of the Panel and the Appellate Body in the post-Uruguay Round period, as unprecedented interpreters of rulings inside the WTO system, paved the way for these thorny debates. [...]
[...] Case C-149/96 Portugal v. Council  ECRI-8395 at paras 53 et seq. Portugal v. Council, para Portugal v. Council, para. 42-45 ANTONIADIS, The Chiquita and Van Parys Judgements : Rules, Exceptions and the Law (2005) 32 Legal Issues of Economic Integration 460 p.467 Portugal v. Council , para and 46 Portugal v. Council, para 49 John Jackson, The WTO Dispute Settlement Understanding Misunderstandings on the Nature of Legal Obligation in J. [...]
[...] According to the ECJ, the failure to meet the deadlines for enforcement did not exhaust the possibilities to resolve the dispute, so that a review of the lawfulness of the legislation would strongly undermine the EU's position. As a result, in Van Parys, the Court of Justice once again dashed hopes for a wider enforceability of the WTO norms in the EC legal order. It would be dishonest, however, to interpret its attachment to the legacy of Portugal v. Council as inertia facing the developments of globalization. [...]
[...] In a nutshell, the failure of one party to meet the requirements of an agreement did not justify any similar behavior from the other parties. Jackson had also argued, in the course of the debates about the DSB right-conferring force, that whatever their official position, other countries were likely to have their jurisprudence affected by these norms as well. It could be replied that the same conclusions would be true for a non WTO-enforcing European jurisprudence. To Eeckhout, there was no such thing as a hurdle of the reciprocity principle because the WTO system was built around countless asymmetries itself, the most shining example being the preferential treatment of developing countries. [...]
[...] In its broader meaning, which will be used in this essay, direct effect refers to a legal provision offering rights to individuals in their national courts, and by extension defining a standard for legal review(in that case of secondary legislation because of the unquestionable primacy of the Treaties). Owing to the silence of the Marrakech Agreements on direct effects, both sides of the notion have been subjected to the Court of Justice's appreciation. This essay will commence with a chronological analysis of this jurisprudence as the continuity of the GATT-related position, and then will moderate the supposed suspicion of the Community towards WTO law by emphasizing the consistence of its integration of the produced norms. [...]
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