Chapter 10: Enforcement of trade agreements
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.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.