Spread of legal innovations defining private and public domains

In this article, I will focus on how European Union (EU) can deal with World Trade Organization (WTO) rules. Can EU directly apply WTO rules? This is my concern. In the chapter One, I will give the general introduction of basic knowledge and background of EU, the European Court of Justice (ECJ) and the concept of “direct effect” and “direct application”. In the chapter Two, it is mainly about the legal states of GATT 1947 and WTO rules in EU legal order, through the case law of ECJ.Chapter Three is the discussing about the points for ECJ to deny direct effect of the WTO agreements and the real reason for rejection; from this part we can know the argument of ECJ.Chapter Four is legal arguments of the direct application of WTO rules by ECJ in EU law and the possibility direct application of WTO rules by ECJ in EU law. After the analysis and giving the arguments that ECJ should grant direct effect of WTO rules in EU law and therefore ECJ should direct apply WTO rules in its cases.Final part is the conclusion. Keywords—Direct applicability of WTO rules; Direct effect of WTO rules; The European Court of Justice; EU law

/pdf/direct-application-of-world-trade-organization-rules-by-1lqs7oa27n.pdf

Direct Application of World Trade Organization Rules: By European Court of Justice in European Union Law

/pdf/the-evolution-of-the-european-legal-system-the-european-1hm7oy3b6y.pdf

Yvonne N. Gierczyk

Papers

The Evolution Of The European Legal System: The European Court Of Justice's Role In The Harmonization Of Laws