This research comprehensively analyses how the CJEU and the WTO Tribunals interact with each other. The CJEU has refused to grant direct effect to the WTO's rulings based on unconvincing reasoning, but this has been deemed acceptable because it is necessary to preserve the scope of manoeuvre of the EU's political institutions, and the application of the consistent interpretation principle to the WTO's rulings could balance out the absence of direct effect. So far, the CJEU has cautiously applied the consistent interpretation principle to the WTO's rulings. While the CJEU has construed EU legislation in conformity with the DSB's reports, it did so without referring to such reports. In the future, the CJEU should regularly and explicitly interpret EU law in a manner that is consistent with the WTO's rulings. Moreover, the CJEU's case law reveals that the Nakajima exception's application has been limited, and transformed into a method of the consistent interpretation doctrine. Thus, the CJEU should apply the Nakajima exception in cases where the EU has amended its legislation to implement the WTO's rulings, and interpret the amended legislation consistently with the WTO's rulings. The absence of direct effect for WTO's rulings produces an excessive burden on the EU Member States and their citizens. Therefore, when the reasonable period of time has passed and the EU has not taken any action, or when the compliance panel announces that the amended legislation still infringes on WTO law, the CJEU should grant direct effect to the WTO's rulings. Moreover, WTO tribunals rarely refer to related CJEU judgments to support their decisions. Therefore, when WTO tribunals have to rule on a matter that the CJEU has already decided on and they agree with the decision, they should apply the consistent interpretation principle to the CJEU's decision.
| Identifer | oai:union.ndltd.org:bl.uk/oai:ethos.bl.uk:731625 |
| Date | January 2017 |
| Creators | Keawchaum, Chirat |
| Publisher | University of Aberdeen |
| Source Sets | Ethos UK |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Source | http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=234055 |
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