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

Marc Notes: Trade liberalization remains controversial. This volume compares the law and institutions of two liberalised trade systems: the EU and the WTO. With topics ranging from trade negotiations to technical standards, and subsidies to social objectives, the study focuses on developments and lessons for future trade policy. Brief Description: This comparison of developments in EU and WTO trade law and institutions suggests how each can learn from the other. Table of Contents: Part I. Introduction: 1. Introduction: comparing two trade liberalisation regimes Sanford E. Gaines, Birgitte Egelund Olsen and Karsten Engsig Sorensen; 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 Sorensen; 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 Sorensen; 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 Jorgensen; 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 Sorensen."

Contributor Bio:  Gaines, Sanford E Sanford E. Gaines is a guest professor at the Department of Law, Aarhus University, Denmark. His career has included service at a senior level at the Office of the US Trade Representative during the NAFTA and Uruguay Round negotiations. Contributor Bio:  Egelund Olsen, Birgitte Birgitte Egelund Olsen is a professor at the Department of Law, Aarhus University. She researches general issues of EU law and WTO law, specialising in environmental law and the interaction between trade and environment. Contributor Bio:  Engsig Sorensen, Karsten Karsten Engsig Sorensen is a professor at the Department of Law, Aarhus University. His primary research areas are EU law and trade law, in particular the internal market, EU company law, EU competition law and WTO law.