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The Wto and Domestic Legal Systems

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Chapter Summary

The representation of Members in the World Trade Organization (WTO) is governed by the general constitutional rules of each domestic legal order. The same rules apply to the negotiation process and the conclusion of new agreements that require ratification as a precondition for entering into force. The constitutional rules often provide for a power of representation by the government or the President and for the consent to as well as the enactment of corresponding measures for implementation by the parliament. The Trade Barriers Regulation creates a mechanism by which the Member States as well as the industry and businesses resident in the Community can cause European Union organs to take action against the practices of third parties. This mechanism is aimed at barriers to trade (i) which cause damage to the Community market or (ii) take effect on the market of a third party and have detrimental effects on trade.

Keywords: constitutional rules; domestic legal order; European Union; negotiation process; ratification; Trade Barriers Regulation; World Trade Organization (WTO)



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