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In Place of Inter-State Retaliation – The European Union's Rejection of WTO-style Trade Sanctions and Trade Remedies - Oxford Scholarship Online
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In Place of Inter-State Retaliation: The European Union's Rejection of WTO-style Trade Sanctions and Trade Remedies

William Phelan

Abstract

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 center, 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. It argues first that the enforcement of EU obligations by domestic courts must be understood as an alternat ... More

Keywords: European law, World Trade Organization, dispute settlement, escape mechanisms, international law, welfare state, trade, retaliation, sanctions

Bibliographic Information

Print publication date: 2014 Print ISBN-13: 9780198712794
Published to Oxford Scholarship Online: March 2015 DOI:10.1093/acprof:oso/9780198712794.001.0001

Authors

Affiliations are at time of print publication.

William Phelan, author
Trinity College Dublin