Abstract
This article deals with the consistent enforcement of WTO law outside the infrastructure of the WTO, which is known as the matter of ‘direct effect’ of public international law. It is generally accepted that private parties cannot resolve trade conflicts on the platform of the WTO even if they are affected by trade restrictions. However, there are strong supporters who argue in favor of private parties to bring WTO claims before national courts. Thus, it is assessed by the author’s whether WTO law is directly effective in the legal systems of the European Union and South Africa. Since the matter of direct effect of public international law can be dealt differently in separate legal systems because of state sovereignty, both the European Union and South Africa deny the right for individuals to rely on WTO rules but for varying reasons. However, the authors argue in favor of an individual right to rely on WTO provisions before domestic courts, at least when the disputing members cannot agree on conditions that are compliant with WTO rulings. With regard to African countries, this could also lead to greater participation in the WTO dispute settlement.
Recommended Citation
Ruppel, Oliver C and Hoppe, Yannick
(2021)
"Enforcement and Direct Effect of WTO Law under European and South African Law,"
Indian Journal of International Economic Law: Vol. 13, Article 3.
Available at:
https://repository.nls.ac.in/ijiel/vol13/iss1/3