The EU and the WTO: Legal and Constitutional Issues

by Gráinne de Búrca, Joanne Scott

Overview

This book brings together a series of essays examining the legal and constitutional relationship between the EU and the WTO. It examines the way in which WTO law affects decision-making in the EU, and the way it affects market integration and market regulation. More generally, it examines the implications of WTO membership for constitutional theory in the EU. The essays look at, and beyond, the role of the European Court in enforcing WTO law, and consider the implications of the WTO's own dispute settlement system for the EU, as well as the responses of other institutional actors in the EU. The book covers a range of substantive areas of EU law, including cultural policy, competition law, trade in goods and services, regional policy, social policy, human rights, and the EC's external relations.

Product Details

ISBN-13:	9781841131993
Publisher:	Bloomsbury Academic
Publication date:	09/27/2001
Pages:	352
Product dimensions:	6.14(w) x 9.21(h) x 0.81(d)

About the Author

Gráinne de Búrca is Professor of Law, Fordham Law School, New York.
Joanne Scott is Professor of European Law at University College, London.

Table of Contents

	List of Contributors	ix
1.	The Impact of the WTO on EU Decision-making	1
2.	The EU and the WTO: Constitutionalism in a New Key	31
3.	The WTO and the EU: Some Constitutional Comparisons	59
4.	European and International Constitutional Law: Time for Promoting 'Cosmopolitan Democracy' in the WTO	81
5.	Fundamental Right or Political Whim? WTO Law and the European Court of Justice	111
6.	Collision, Co-existence or Co-operation? Prospects for the Relationship between WTO Law and European Union Law	131
7.	Neutrality or Discrimination? The WTO, the EU and External Trade	151
8.	The WTO and EU Distributive Policy: the Case of Regional Promotion and Assistance	185
9.	Constitutional Concepts for Free Trade in Services	211
10.	Trade in Culture: International Legal Regimes and EU Constitutional Values	237
11.	Is there any Such Thing as Free or Fair Trade? A Constitutional Analysis of the Impact of International Trade on the European Social Model	257
12.	The WTO Impact on Internal Regulations: A Case Study of the Canada-EC Asbestos Dispute	283
	Index	329

Editorial Reviews

"...the various chapters provide a useful and well-informed account of the evolution of EU-WTO relations, even for those who find constitutionalisation a distant horizon." --Europarttslig Tidskrift

"All in all, this is a very important book on a very important issue for international lawyers; for academics with a special interest in international economic law (or, more modestly, in WTO law) it is essential reading." --European Journal of International Law

From the Publisher