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International Trade Disputes and EU Liability

International Trade Disputes and EU Liability

  • Author:
  • Publisher: Cambridge University Press
  • ISBN: 9781107009660
  • Published In: April 2013
  • Format: Hardback , 251 pages
  • Jurisdiction: European Union, International ? Disclaimer:
    Countri(es) stated herein are used as reference only
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    The European Union has become the respondent of several international trade disputes. This book examines the right to compensation for damage resulting from retaliatory measures imposed under the system of the World Trade Organization in disputes triggered by the EU. Anne Thies evaluates the implications of the EU's membership in the WTO for its domestic system of rights and judicial protection. Emphasising the necessity to maintain EU standards of protection independently of the external dimension of EU action, the book offers suggestions on how the current gap of protection could be filled while upholding the scope of manoeuvre of the EU institutions on the international plane. Moreover, it places the issue in its broader context of the relationship between international and EU law on the one hand, and the discretion of the EU as a global actor and standards of individual rights protection under EU law on the other.

    • Evaluates the position of individuals affected by EU action, allowing understanding of the implications of the EU's role as global actor for EU rights' protection

    • Offers insights into the reception of international trade law by the EU treaties and the EU courts

    • Highlights the need for judicial protection of individuals under EU law despite international dimension of EU action

  • Series editors’ preface
    xi
    Preface
    xiii
    List of abbreviations
    xv
    Table of cases
    xvii
    Table of legislation
    xxviii
    Introduction
    1
    1       Setting the scene: WTO disputes, retaliation and the EU courts’ reception of WTO law
    6
    1.1     Relevant international trade disputes so far: the Hormones and Bananas cases brought before the WTO
    7
    1.2     Overview of existing EU jurisprudence
    19
    1.3     EU conduct under review
    37
    1.4     Conclusions
    42
    2       Liability for unlawful conduct: the role of the legal remedy and conditions of the right to compensation in the EU legal order
    44
    2.1     Background
    45
    2.2     Independence and complementarity of legal actions in the EU legal order
    47
    2.3     EU liability for unlawful conduct
    50
    2.4     EU liability in the absence of unlawfulness
    78
    2.5     Conclusions
    80
    3       Enforceability of the EU’s WTO law obligations in the EU legal order: EU liability due to WTO law infringement
    81
    3.1     Unlawfulness of EU conduct in breach of WTO law
    82
    3.2     Sufficiently serious breach
    112
    3.3     ‘Conferral of rights’: ‘right holders’ or ‘beneficiaries’?
    114
    3.4     Further conditions
    119
    3.5     Conclusions
    124
    4       The impact of EU general principles on the EU’s liability regime I: liability due to infringement of EU general principles
    126
    4.1     Liability for breaches of general principles of EU law
    127
    4.2     Effect of the external dimension of EU conduct on the applicability of general principles of EU law
    128
    4.3     Effect of the external dimension of EU conduct on the scope of general principles of EU law
    138
    4.4     Scope of the general principles of EU law invoked by retaliation victims
    140
    4.5     Conclusions
    147
    5       The impact of EU general principles on the EU’s liability regime II: liability in the absence of (invokable) unlawfulness in international trade disputes or ‘no-fault liability’
    148
    5.1     Existence of the liability principle in the absence of unlawfulness under EU law
    149
    5.2     Application of the liability regime to the situation of retaliation victims
    159
    5.3     Conclusions
    172
    6       The current situation of retaliation victims and how to fill the gap in judicial protection while further respecting the EU institutions’ international scope for manoeuvre
    173
    6.1     WTO law and the position of individuals
    173
    6.2     EU constitutional law and retaliation victims
    187
    6.3     Concluding remarks: the EU as a global actor, the international legal order and individual rights
    195
    Bibliography
    200
    Index
    218
  • Anne Thies
    University of Reading

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