The EC Banana Regime - a Testcase for the Relationship between WTO, Regional and National Law

Inhaltsverzeichnis (Table of Contents)

• I. The EC common market organization for bananas
• II. WTO Panels relating to the EC banana regime
• III. Judgment of the European Court of Justice
  • 1. Germany v. Council [Bananas]
  • 2. Criticism of this judgment
• V. Conclusion

Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)

The primary objective of this work is to analyze the legal complexities surrounding the EC banana regime, specifically examining the relationship between WTO law, regional EC law, and national law. The focus is on how the banana regime, with its discriminatory aspects, navigates the interplay of these legal frameworks and the resulting legal challenges it presents.

• The EC banana regime's discriminatory nature and its impact on banana producers and importers
• The role of WTO panels in addressing the regime's incompatibility with international trade law
• The European Court of Justice's controversial judgment on the relationship between WTO and EC law in the context of the banana regime
• The legal and political implications of the EC banana regime for both the European Community and member states

Zusammenfassung der Kapitel (Chapter Summaries)

Chapter I details the establishment of the EC banana regime as a response to the need for harmonizing national regulations within the internal market. It outlines the regime's discriminatory features, including tariff quotas and licensing requirements, which favor banana producers from ACP countries over third-country producers.

Chapter II focuses on the WTO panels that have addressed the legality of the EC banana regime. It highlights how multiple panels, including the 1994 and 1997 panels, found the regime to violate GATT provisions. This chapter also delves into the Framework Agreement on Banana Imports, which attempted to address the concerns raised by the panels but ultimately failed to eliminate the regime's discriminatory nature.

Chapter III examines the European Court of Justice's landmark ruling in the case of Germany v. Council [Bananas]. This chapter analyzes the court's decision to reject Germany's claim that the banana regime violated both Community law and GATT law. The focus is on the court's reasoning for denying the direct effect of GATT provisions within the Community legal order.

Chapter V presents the author's conclusions, which are excluded from this preview to avoid spoilers.

Schlüsselwörter (Keywords)

The work centers around the EC banana regime and its implications for international trade law. Key terms and concepts include WTO law, GATT 1994, European Community law, dispute settlement mechanisms, direct effect of international agreements, discriminatory trade practices, tariff quotas, licensing requirements, and the relationship between regional and national law.