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CJEU and WTO Dispute Settlement Mechanism - Convergence or Divergence?

Author

Listed:
  • Gina ORGA-DUMITRIU

    (ãLucian BlagaÓ University of Sibiu, Romania)

Abstract

This analysis shows the issue of the relationship between the EU and the WTO and the interactions between European judges and the decisions of the WTO Dispute Settlement Body. The CJEU rejects or uses DSB decisions. In interpreting the fact that the competent Community institutions negotiate and conclude an agreement with third countries, it is considered that the freedom to agree with these third countries on the international effects of the provisions of the agreement is regulated and that the effects on which should produce them in the internal legal order of the Contracting Parties. Currently, the European Commission contributes to improving the procedures for resolving international economic and investment disputes, selects arbitrators and experts who, in the specific institutional organization, will help to implement the chapters on trade and sustainable development of EU trade agreements. Heuristically speaking, the research method used to design this study is a comparative one and concerns a certain methodological principle, in accordance with the object of analysis that will be presented.

Suggested Citation

  • Gina ORGA-DUMITRIU, 2021. "CJEU and WTO Dispute Settlement Mechanism - Convergence or Divergence?," International Investment Law Journal, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), vol. 1(1), pages 22-37, February.
    • Handle: RePEc:sja:journ1:v:1:y:2021:i:1:p:22-37
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    File URL: http://www.investmentlaw.adjuris.ro/articole/An1V1/3.%20Gina%20Orga%20Dumitriu.pdf
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    More about this item

    Keywords

    World Trade Organization; Court of Justice of the European Union; GATT; international trade law;
    All these keywords.

    JEL classification:

    • K22 - Law and Economics - - Regulation and Business Law - - - Business and Securities Law
    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law

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