Liberalising Trade in the EU and the WTO - A Legal Comparison

This comparison of EU and WTO approaches to common trade-liberalisation challenges brings together eighteen authors from Europe and America. Together they explore fundamental legal issues, such as the role of general principles of law, the role of the judiciary in the development of law, the effect of the principle of non-discrimination and the elimination of non-discriminatory barriers to trade. The contributions also examine the most recent developments in trade law across a full range of trade issues, including TBT and SPS, services, intellectual property, customs rules, safeguards, anti-dumping and government procurement. Adopting a comparative perspective throughout, this volume sheds light on today's trade law and suggests paths forward for each system through the perennial tensions between open, non-discriminatory trade and strongly held national values and objectives. • Comparative analysis of trade law and policy gives readers new perspectives on both EU and WTO trade law • Chapters on key institutional elements and all major trade law topics provide readers with a complete view of trade law in both systems • Goes beyond descriptive review to identify strengths and weaknesses in different approaches to the same trade law questions and opportunities for the EU and WTO to learn from each other

Part I. Introduction: 1. Introduction: comparing two trade liberalisation regimes Sanford E. Gaines, Birgitte Egelund Olsen and Karsten Engsig Sørensen Part II. Framework: 2. Negotiating in the shadow of good faith in the EU and the WTO Amin Alavi 3. The influence of general principles of law Jan Wouters 4. Sanctioning members, enforcement and ensuring compliance Bugge T. Daniel 5. The Court of Justice of the European Union and the Appellate Body of the World Trade Organization: between Constitutionalism and Dispute Settlement Pieter Jan Kuijper Part III. Comparative Disciplines: 6. Direct and indirect discrimination Thomas Cottier and Matthias Oesch 7. Non-discriminatory restrictions to trade Karsten Engsig Sørensen 8. Trade and social objectives Sanford E. Gaines and Birgitte Egelund Olsen 9. The freedom to provide services J. W. van de Gronden Part IV. Harmonization Needs – Implicit and Explicit: 10. Technical regulations and their notification Karsten Engsig Sørensen 11. Rules on subsidies/state aid Pernille W. Jessen 12. Product standards and labelling Ilona Cheyne 13. The precautionary principle Helle Tegner Anker 14. Government procurement Michael Steinicke 15. Customs law Carsten Willemoes Jørgensen 16. Comparing regulatory treatment of intellectual property at WTO and EU level Matthew Elsmore 17. Antidumping practices in the European Union: a comparative analysis of rules and application in WTO context Hylke Vandenbussche and Laura Rovegno 18. Rules on safeguards Henrik Andersen Part V: 19. Conclusion and recommendations Sanford E. Gaines, Birgitte Egelund Olsen and Karsten Engsig Sørensen.