European Community law - World Trade Organization - multilateral agreements on trade in goods - General Agreement on Trade in Services - Agreement on Trade Aspects of Intellectual Property Rights - Community competence to conclude WTO agreements exclusive of member states
Article Abstract:
The European Court of Justice held, in its Nov 15, 1994 ruling, the European Community (EC) is solely competent to complete multilateral trade agreements and that the EC and member states are jointly competent to conclude the General Agreement on Trade in Services and the Agreement on Trade-Related Aspects of Intellectual Property Rights, Including Trade in Counterfeit Goods. The recognition of the member states' role in ratifying agreements indicates the limits on the EC's treaty powers as well as the continuing importance of member states' participation in World Trade Organization matters.
Publication Name: American Journal of International Law
Subject: Law
ISSN: 0002-9300
Year: 1995
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European Communities - agreement between the Commission and the United States on competition - power of the Commission to conclude the agreement
Article Abstract:
The European Court of Justice decision in France v. Commission of the European Communities helps to clarify how treaty-making power is allocated between the Commission and the Council. The court ruled that the Commission does not have the authority to conclude an antitrust agreement with the United States. The agreement will probably be authorized by the Council eventually, but in the meantime the Commission is not able to fulfill its obligations thereunder, even though the agreement remains in force, according to the norms of international customary law.
Publication Name: American Journal of International Law
Subject: Law
ISSN: 0002-9300
Year: 1995
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Evolution of the governing law for loan agreements of the World Bank and other multilateral development banks
Article Abstract:
The European Bank for Reconstruction and Development's (EBRD) loan agreements are subject to public international law, a departure from previous World Bank governing-law practices. This change is an important step in the evolution of multilateral development banks, or MDBs. The EBRD type of governing-law provision provides parties with greater legal certainty and prevents legal challenges undermining the MDBs' credibility and financial support.
Publication Name: American Journal of International Law
Subject: Law
ISSN: 0002-9300
Year: 1996
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