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Part III World Trade Law and Regional Trade Agreements, XXII WTO Law in Domestic Law

From: Principles of International Economic Law (1st Edition)

Matthias Herdegen

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From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 20 May 2024

Specific trade agreements — Conflict of laws — EC Law
There is a long-standing controversy on whether the domestic law of WTO Members should give direct effect to the WTO agreements. This issue relates to the application of WTO agreements by national authorities and national courts in context with restrictive trade measures. Direct application of WTO law by domestic authorities and courts raises a number of conflicting considerations. On the one hand, deference to the WTO agreements avoids the violation of international obligations, trade conflicts, and possible sanctions which hurt domestic industries. All too...
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