The potential direct effect of GATT 1994 in European Community law

Article Abstract:

Questions remain as to whether GATT 1994 can confer direct effect within the European Community, although the European Court of Justice (ECJ) would probably deny direct effect for political and practical reasons. The GATT may have changed sufficiently to allow direct effect, particularly with the creation of the World Trade Organization. Previously, the ECJ has held GATT provisions incapable of conferring direct effect, or granting individuals' rights required to be recognized by member nations' courts. However, the ECJ has become more of an arbiter than a promoter of integration.

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The EC trade barriers regulation: the EC's move towards a more aggressive market access strategy

Article Abstract:

The European Commission has instituted regulatory policies intended to uphold the European Union's rights pursuant to international trade rules, specifically those promulgated by the World Trade Organization. Two of the policies are the Trade Barriers Regulation (TBR) and Council Regulation 2641/84 (NCPI). The TBR was instituted to help European firms eliminate trade barriers in third-world country markets while the NCPI was to oppose illicit commercial practices. An overview of cases brought under the TBR and NCPI is presented.

Cases, Trade policy, Commercial policy, Nontariff trade barriers

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Absorption in EC antidumping proceedings

Article Abstract:

A study was conducted to analyze the development of anti-absorption procedure in European Community trade law, with emphasis on Article 12 of Regulation 384/96. Results indicated that Article 12 was designed to support a fast and suitable answer to concerns on the remedial effects of antidumping measures on the European Union. Findings also showed that anti-absorption correlates with original proceeding and that the European Union does not have the capability to evaluate the performance of anti-dumping measures.

Administration of General Economic Programs, Antidumping Programs, International economic relations, Antidumping duties

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