common principles of law
international principles of law
Law and Political Science
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AbstractEC and WTO have been prosecuting collaboration for some time, which purpose is to liberalize the global market for commerce. There have been some alterations under the last decades. Establishing in other countries than their own is far easier, nevertheless it is getting more difficult. The enterprises demand equal treatment and the countries want to have the most favourable legislation. This has resulted in conflicts between different countries and even between the companies. EC stands on one side and defends the internal market in the way they see fit. WTO is the intercessor in this context and tries to achieve the greatest possible free trade between countries. The essays purpose is to investigate why and on which grounds EC-court decides on which legislation that will be in force when invoking the WTO-agreement to question the EC-legislation. This will be accomplished through analyses of the regulations which have been questioned. After this there will be an investigation of the common and international principles of law which are either being invoked or excluded before the EC-court. This to see if there exist an inconsistency between the EC-law and WTO-agreements. The essay will manifest that it exist half consistency with the WTO-agreements and it will be motivated that EC don’t want to be tied up with legislations that are not in favour of EC internal market. EC points out that they want to have a legislation that is consistent with WTO-agreements, but in the next turn they don’t want to have a legislation that is totally consistent with the WTO-agreements. This shows of a double side morality and it makes it harder to understand what purpose the EC-court has. The conclusion shows however that there is a will to change, but when that will happen is uncertain.