On The Application Of WTO Law In EC: From The Perspective Of ECJ's Rulings

The application of WTO law in EC is a very complex problem. The complexity of the peoblem is due to two reasons, on the one hand, WTO law is a very comlex legal system, and on the other hand, EC and its Member States both are WTO's members. The focus of the application of WTO law in EC is the problem of direct effect, thus the dissertation mainly describes the complex topic from the angle of direct effect with the analysis of the ECJ's case laws during the last 30 years.The dissertation comprises five parts. Part One introduces the basic theories and practices of the domestic application of WTO law, in which the author argues that if WTO law is self-executing, or acquires direct effect, the national courts or the litigants are able to invoke its provisions. Part Two discusses the doctrine of direct effect in EC law and the direct effect problem of the international agreements concluded by EC. Part Three elaborates the direct effect problem of GATT1947 in EC legal system by the analysis of some ECJ's classical cases, in which the author believes that the real reasons why ECJ denied the diect effect of GAJT1947 are the different nature and purpose of GATT1947 and the lacking of absolute superiority of EC under the framework of GATT1947. Part Four is the most important part of the dissertation, which is mainly on the direct effect of WTO agreements. In spite of the great improvements reflected in WTO agreements, the ECJ did not change its stance towards GATT1947, and also denied their direct effect generally. As to the direct effect of DSB's adjudications in EC, the ECJ's subtle attitudes are reflected in its rulings which denied the direct effect of DSB's report at the first, and inclined to admit its invocability by private parties recently. What are the reasons for ECJ's attitudes towards WTO? Instead of the legal facors, some political motives, such as the protection of the overall interests of the Community, the maintenance of the inrternal political structure and balnce of powers, etc. determine ECJ's conservative stance. Part Five is on the enlightenments to China, especially to the Chinese courts. The People's Courts should also deny the direct effect of WTO agreements generally, and they must pay much attention to the principle of consistant interpretation in their judicial practices.