EU Trade Law
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EU Trade Law

Rafael Leal-Arcas

This comprehensive book provides a thorough analytical overview of the European Union’s existing law and policy in the field of international trade. Considering the history and context of the law’s evolution, it offers an adept examination of its common commercial policy competence through the years, starting with the Treaty of Rome up until the Treaty of Lisbon, as a background for understanding the EU’s present role in the World Trade Organization (WTO) framework.
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Chapter 10: Enforcement of trade agreements

Rafael Leal-Arcas

Abstract

This chapter is devoted to judicial enforcement. Thus, the role of the Court of Justice of the European Union (CJEU) as the controller of the institutional balance in EU trade policy is analysed. Issues such as the jurisdiction of the CJEU in international trade and how international agreements in general, and the WTO agreement in particular, affect EU law, will be analysed. An example is the analysis of the famous Hermès International case, which intends to explain the interpretation by the CJEU of a particular mixed agreement. The role of the CJEU in international trade agreements is, inter alia, the monitoring of the vertical division of powers between the EU and its Member States, as well as the horizontal division of powers among the various EU institutions. The main focus of this chapter is to explain why the WTO and the various agreements which form an integral part of the Agreement establishing the WTO raise problems and are challenges for the CJEU.

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