Eeckhout, Piet --- "The Effect of WTO Dispute Decisions in EU Law – Autonomy or Autarky?" [2011] ELECD 782; in Govaere, Inge; Quick, Reinhard; Bronckers, Marco (eds), "Trade and Competition Law in the EU and Beyond" (Edward Elgar Publishing, 2011)

Book Title: Trade and Competition Law in the EU and Beyond

Editor(s): Govaere, Inge; Quick, Reinhard; Bronckers, Marco

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9780857935663

Section: Chapter 14

Section Title: The Effect of WTO Dispute Decisions in EU Law – Autonomy or Autarky?

Author(s): Eeckhout, Piet

Number of pages: 14

Extract:

14. The effect of WTO dispute
decisions in EU law ­ autonomy
or autarky?
Piet Eeckhout*

14.1 INTRODUCTION

Article 38 of the ICJ's Statute refers to judicial decisions as a source of
international law. It is clear of course that such decisions are of a different
nature than the other sources: conventions, customs, and general principles
of law. International courts and tribunals interpret and apply the norms of
international law produced by those other sources. Moreover, they do not
have inherent jurisdiction. Their authority to hear and decide cases is
usually conferred by an international agreement, and requires the consent
of states. As international law is fragmented, there is no complete and
coherent system of jurisdiction and remedies. In some areas of interna-
tional law litigation is rare. In others it is highly developed. Moreover, there
is great diversity in the systems of dispute settlement, and the extent to
which those systems are judicial in character.
Although Article 38 ICJ Statute mentions judicial decisions as a separate
source of law, it makes more sense to discuss the legal effect of such
decisions in EU law under the broader heading of agreements concluded by
the EU. It is within the setting of such agreements that dispute settlement
systems have been created, which may lead to judicial ­ or quasi-judicial ­
decisions, involving the EU. The question of the effects, in EU law, of
international litigation has so far mainly arisen in the context of the EU's
WTO membership. Jacques Bourgeois ...