RTA DISPUTES - EUROPE/MIDDLE EAST/AFRICA
(1) Court of Justice of the European Union
According to its official description, the Court of Justice of the European Union (CJEU) "interprets EU law to make sure it is applied in the same way in all EU countries, and settles legal disputes between national governments and EU institutions. It can also, in certain circumstances, be used by individuals, companies or organisations to take action against an EU institution, if they feel it has somehow infringed their rights. . . .The CJEU is divided into 2 courts:
Court of Justice – deals with requests for preliminary rulings from national courts, certain actions for annulment and appeals.
General Court – rules on actions for annulment brought by individuals, companies and, in some cases, EU governments. In practice, this means that this court deals mainly with competition law, State aid, trade, agriculture, trade marks."
The respective court websites provide rulings and opinions in disputes brought before these courts. For further information, please consult the extensive secondary literature on the CJEU and its predecessor institutions.
(2) EU Free Trade Agreement:
EU-Korea Free Trade Agreement:
18 December 2018: EU requested formal consultations with Republic of Korea concerning labor commitments of EU-Korea trade agreement; EU press release and consultation request. Concerns expressed included respect for International Labour Organisation (ILO) fundamental principles of freedom of association and the right to collective bargaining, and Korea failure to ratify four fundamental ILO Conventions: two concerning freedom of association and the right to collective bargaining, and two concerning forced labor.
EU-Ukraine Association Agreement:
16 January 2019: EU requests formal consultations with Ukraine under the EU-Ukraine Association Agreement concerning Ukraine’s failure to eliminate a long-standing ban on exports of unprocessed wood. EU press release; consultation request.
(3) EFTA Court
The Court of Justice of the European Free Trade Association States (the EFTA Court) fulfils the judicial function within the EFTA system, interpreting the Agreement on the European Economic Area with regard to the EFTA States party to the Agreement (Iceland, Liechtenstein and Norway). The EFTA Court's website is at http://www.eftacourt.int/
(4) Israel- U.S. Free Trade Agreement:
US - Machine Tools from Israel: In 1986, the US imposed import quotas on machine tools from Japan and Taiwan under Section 232 of the Trade Expansion Act of 1962. Starting in 1988, the Israeli machine tool company Sharnoa exported machine tools to the US which were largely assembled from parts from Taiwan. US Customs ruled that these machine tools were products of Israel, the US administering authority counted the machine tool imports against Taiwan's import quota, and Israel brought this dispute. (Wall Street Journal, 11 Oct 1991) A panel was convened consisting of Prof. Donald McRae (chair), Joseph Greenwald and Prof. Joseph H.H. Weiler. The panel's report to the parties is not publicly available. The dispute was settled informally after the panel report.
(5) African Regional Courts:
Further links will be added soon to the websites of the regional courts and regional dispute settlement institutions of African regional trade agreements and their best-known decisions.
Last edited: 29 April 2019