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Regulatory autonomy in the EU and WTO: Defining and defending its limits

Record type: Article

Tension between the pursuit of trade liberalization and the protection and exercise of national regulatory autonomy is an issue which has arisen in both the European Community (EC) and the World Trade Organization (WTO). While both legal orders provide for exceptions to the fundamental rules concerning free movement and access to markets, the interpretation and application of these exceptions represents a challenge. The fundamental question is how to distinguish between unlawful barriers to trade and legitimate national regulation. This paper presents an analysis of the approaches applied to this question by the EC and WTO, in the areas of free movement of goods and services, from a comparative perspective. It explores, in particular, the implications of the market access - non-discrimination dichotomy, and focuses upon the role of ‘proportionality’ review in each legal order.

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Citation

Reid, Emily (2010) Regulatory autonomy in the EU and WTO: Defining and defending its limits Journal of World Trade, 44, (4), pp. 877-901.

More information

Published date: August 2010
Organisations: Law

Identifiers

Local EPrints ID: 167797
URI: http://eprints.soton.ac.uk/id/eprint/167797
ISSN: 1011-6702
PURE UUID: 166136e0-2a88-4ae5-b724-e976adc568a1

Catalogue record

Date deposited: 18 Nov 2010 14:25
Last modified: 18 Jul 2017 12:23

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Contributors

Author: Emily Reid

University divisions


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