Trade and Competition Law in the EU and Beyond
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Trade and Competition Law in the EU and Beyond

Edited by Inge Govaere, Reinhard Quick and Marco Bronckers

This well-documented book comprises a stellar cast of European and American authors delivering an overview of cutting edge issues in the areas of trade and competition law, arising in the EU and beyond.
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Chapter 15: The Domestic Law Effect of the WTO in the EU – A Dialogue with Jacques Bourgeois

Marco Bronckers


Marco Bronckers* Jacques Bourgeois has been a professional mentor for me ever since I became his stagiaire in 1981 when he was a prominent member of the external relations division of the European Commission’s Legal Service. He taught me the intricacies of European trade policy, as well as the vicissitudes of the Community’s membership of the GATT and subsequently the WTO. His blend of intellectual rigour and forward thinking, coupled with an eye for the possible, has always held special appeal for me. On a wide variety of issues we have thought alike, that is to say I have come to think like him. I cherish the fact that over the years we have become good personal friends too and so have our families. On this happy occasion of Jacques’ Festschrift, I want to revisit a topic that has preoccupied me on and off for many years, and see how the position where I have ended up compares with that of Jacques’. That topic is the domestic law effect of the WTO in the European legal order. It is a topic that has intrigued scores of European scholars and practitioners. In fact, in this volume Piet Eeckhout and Ernst-Ulrich Petersmann devote chapters to it as well. Bourgeois has addressed this topic on many occasions, at conferences, seminars and in papers. To compare our views, I will notably refer to a comprehensive and admirable contribution he published in the year 2000: ‘The European Court of Justice and the WTO’.1 * Subject to...

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