Die EU im GATT/WTO-System

Peter Lang-Verlag, Frankfurt am Main/Berlin/Bern/New York/Paris/Wien, 1998, 2. Auflage 2000, ISBN 3-631-32201-1

The relationship between the European Union and the WTO is characterized by many legal questions which are analyzed in this book. From the perspective of the GATT/WTO-system the EC is a Regional Trade Agreement according to Article XXIV of the General Agreement. The relationship between regionalism and multilateralism within the constitutional system of the WTO is, however, fraught with problems. From the perspective of the EC the WTO is a legal system designed to further liberalize the Common Market. The constitutional compromise on which the EC is based entails, however, many protectionist elements in the area of foreign trade. Conflicts on the international level seem therefore unavoidable. Specific attention is given in this book to the division of powers between Member States and EC in the field of external economic relations in the wake of the Opinion 1/94 as well as to the question of direct effect of WTO law in the EC law. Much emphasis is put on the endevour to show that there are valid arguments to uphold the traditional position which denies direct effect to WTO law.