The European Union and WTO law: a nexus of reactive, coactive, and proactive approaches
Ranging from the denial of direct effect to WTO law by the Court of Justice to a WTO-friendly legislative culture currently booming in the EU's political institutions, different approaches towards WTO law have been adopted within the EU. This article classifies the different approaches into reactive, coactive, and proactive by drawing on their common characteristics. The principal aim is to explore the considerations shaping the development of the different approaches and to argue that these stem from the interaction between the judiciary and the legislature. In doing so, this article purports to provide a comprehensive view of the application of WTO law within the Community legal order.
1 I am grateful to Tony Arnull, Roy Davis, Robert Schütze, Colin Warbrick, Marc Bénitah, Stijn Billiet, Rafael Leal-Arcas, the anonymous referees and the members of the editorial board of World Trade Review for their comments. I am responsible for all remaining shortcomings.