The EU, the WTO and the NAFTA Towards a Common Law of International Trade?

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ISBN: 9780198298748 | 0198298749
Cover: Hardcover
Copyright: 10/19/2000

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This volume, built on a recent series of courses at the Academy of European Law in Florence, addresses the overlapping regulatory trade regimes of the WTO, EU, and NAFTA. The various contributions deal with discrete areas of the international trading system. The coexistence of regimes, often governing simultaneously complex transnational transactions, is the focus of the volume.

Table of Cases

vii

Table of Treaties and Legislation

xiii

Table of Abbreviations

xix

Cain and Abel---Convergence and Divergence in International Trade Law

(4)

J. H. H. Weiler

EC External Commercial Policy after Amsterdam: Authority and Interpreation within Interconnected Legal Orders

(30)

Marise Cremona

Introduction

(4)

The Legislative History of Article 133 prior to Amsterdam Opinion 1/94 on the WTO Agreement and the Scope of Article 133

(4)

The Pre-Amsterdam Debate over External Economic Policy

(5)

The Amsterdam Amendment and Inter-institutional Balance

(3)

The Amsterdam Amendment and Exclusivity

(4)

Mixed Agreements and Judicial Exclusivity

(7)

Conclusion

(3)

Adjudicative Legitimacy and Treaty Interpretation in International Trade Law: The Early Years of WTO Jurisprudence

(36)

Robert Howse

Introduction

(7)

Fair Procedures

(9)

Coherence and Integrity in Legal Interpretation

(11)

Institutional Sensitivity

(6)

Conclusion

(3)

The European Court of Justice and the WTO: Problems and Challenges

(54)

Jacques H. J. Bourgeois

Introduction

(1)

The Status of the EC in the WTO

(3)

Jurisdiction of the Court of Justice of the European Communities

(16)

The Status of International Agreements in EC Law

(13)

The Status of the GATT and the WTO Agreement in EC Law

103

(18)

Some Conclusions

121

(4)

On Kith and Kine (and Crustaceans): Trade and Environment in the EU and WTO

125

(44)

Joanne Scott

Introduction

125

(1)

Compassion in World Farming and Calves in Crates

126

(18)

Hormones in Beef

144

(18)

Trade and Environment in the EU and WTO: Conclusions

162

(7)

The North American Integration Regime and its Implications for the World Trading System

169

(32)

Frederick M. Abbott

The Nafta Mutation of the EC Model Revisited

170

(3)

The Nafta in the WTO System

173

(20)

The Nafta and the Political Economy of Regionalism

193

(5)

The Nafta and the WTO System

198

(3)

Epilogue: Towards a Common Law of International Trade

201

(32)

J. H. H. Weiler

Prologue

201

(3)

The Foundational Period

204

(14)

The Second Generation

218

(5)

The Third Geneeration

223

(2)

The Fourth Generation

225

(4)

The Fifth Generation

229

(4)

Index

233

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The EU, the WTO and the NAFTA Towards a Common Law of International Trade?

Summary

Table of Contents

Supplemental Materials