Direct Effect of WTO Agreements: Practices and Arguments

Direct Effect of WTO Agreements: Practices and Arguments

The book investigates the debates of the direct effect of WTO agreements. There are three reasons why the consideration of direct effect is significant. First, direct effect is concerned with the separation of powers, specifically with the extent of involvement of the judicial branch of the member state in enforcing its obligations. Second, the effectiveness of WTO agreements depends more and more on the cooperation of national courts. Several WTO agreements have circumvented the legislative branch and set forth specific rules that the executive branches of the members must respect. Third, direct effect relates to legal protection for individuals who engage in international trade and could grant greater protection for the interests of individuals. This research aims at giving answers to the debate of whether the direct effect of WTO agreements should be granted. The subordinated and interrelated aims are to clarify the positions of major members and their reasons, to search grounds for granting the direct effect of WTO agreements, and to identify the difficulties arising thereby.