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Unlike many other international trade regimes, the European Union forbids the use of inter-state retaliation to enforce its obligations, and rules out the use of common 'escape' mechanisms - such as anti-dumping - between its member states. How, then, is the European legal order, with the European Court of Justice at its centre, able to be so much more binding and intrusive than the legal obligations of other trade regimes? This book puts forward a new argument for these remarkable outcomes.
Foreign trade regulation --- Sanctions (International law) --- Economic sanctions, European --- Arbitration (International law) --- Law - Non-U.S. --- Law, Politics & Government --- Law - Europe, except U.K. --- European Union countries --- Commercial treaties. --- Arbitration, International --- International arbitration --- International political arbitration --- Pacific settlement of international disputes --- International commissions of inquiry --- Jurisdiction (International law) --- Mediation, International --- European economic sanctions --- International sanctions (International law) --- Penalties (International law) --- International law --- EU countries --- Euroland --- Europe
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"[This book] presents a new approach to understanding the landmark decisions of the European Court of Justice in the 1960s and 1970s. By comparing the Court's doctrines to the enforcement and escape mechanisms employed by more common forms of trade treaty, it demonstrates how the individual rights created by the doctrine of direct effect were connected to the practical challenges of trade politics among the European states and, in particular, to the suppression of unilateral safeguard mechanisms and inter-state retaliation. Drawing on the writings and speeches of French Judge and President of the Court, Robert Lecourt, it demonstrates that one of the Court's most influential judges shared this understanding of the logic of direct effect. This book offers a distinctive interpretation of the Court of Justice's early years, as well as of the purpose of the fundamental principles of European law."
Law --- Court of Justice of the European Union --- Law - European Union countries - Cases --- Cases. --- Court of Justice of the European Union. --- European Union. Court of Justice of the European Union --- CJEU --- Gerichtshof der Europäischen Union --- Cour de justice de l'Union européenne --- Curia (Court of Justice of the European Union) --- Európai Unió Bírósága --- Trybunał Sprawiedliwości Unii Europejskiej --- CJUE --- Tribunal de Justicia de la Unión Europea --- Hof van Justitie van de Europese Unie --- Court of Justice of the European Communities
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