Bulletin n. 1/2008
May 2008
CONTENTS
  • Section A) The theory and practise of the federal states and multi-level systems of government
  • Section B) Global governance and international organizations
  • Section C) Regional integration processes
  • Section D) Federalism as a political idea
    • Bronckers Marco
    Private Appeals to WTO Law: An Update
    in Journal of World Trade , Volume 42 Issue 2 ,  2008 ,  245-260
    At first glance there seem to be few opportunities for private parties to raise objections to government regulation based on World Trade Organization (WTO) law. The WTO still appears to be largely a forum for governments to negotiate or litigate. In fact, there are various ways in which private parties can invite governments to engage with their WTO law obligations, and these are surveyed in this article. First, I illustrate the immediate obstacles facing private parties that want to challenge a government measure on the basis of WTO law. I then take a closer look and discuss different means for private parties to appeal to WTO law, today or perhaps in the not too distant future. There have been several recent developments that suggest that such private complaints should be taken more seriously. This discussion covers the position of private parties before the WTO, before their own government and before domestic courts. To the extent I refer to experiences drawn from a domestic context I will mostly refer to European law, though I have occasion also to mention precedents from US law and Chinese law.
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