冲突与趋同:世界贸易组织法在欧盟的适用

Collision and Convergence: The Applicability of WTO Law within EU

世界贸易组织(WTO)和欧洲联盟(EU)在贸易法规方面存在着明显的不同。WTO法与欧盟法关系上最有争议的方面就是欧盟否认WTO法的直接适用。一方面,欧洲法院经常主张GATT/WTO法不能在欧洲法律体系内直接适用,法院在许多案件中贯穿了这一原则。但另一方面,当认识到WTO法在一定程度上能约束其成员国尽快融入欧盟法律体系时,欧洲法院在某些案件的处理上又承认WTO法的直接效力。因此,WTO法、欧盟法和成员国国内法之间的冲突不断增加,如何减少冲突日益成为值得关注的问题。

There is significant difference between the WTO and EU in their trade legal and regulation frameworks. The most controversial aspect of the relationship between the laws of the EU and WTO is the denial of direct practice of WTO law within the Community legal system by EU. EU court often argued that GATT/WTO law could not be directly effective in the EU legal system, the court reaffirmed this principle in a number of cases. On the other hand, with recognition of WTO law would help its member states more integrated into EU legal system, EU court treated WTO law as directly effective in some cases. Therefore, the probability of collisions among WTO law, the law of EU and national laws are proportionately increased. This gives rise to the question of how to cope with possible collisions. This thesis tried to use some trade dispute cases to answer the question.