Achieving global governance is a pending task for the international community and remains a challenge and an opportunity. Over centuries, the only legal formulation to manage the sovereign power of peoples and nations has been structured around the idea of the State. However, economic globalisation has brought into question some legal premises that traditionally have guided the international community. International organisations are intended to promote cooperation among nations and represent an incipient institutionalisation of the international community and the early signs of a still primitive international society with shared values. The World Trade Organization (WTO) is one of the rare examples of institutionalisation of the international community. Today, however, the blockade of the Appellate Body of the WTO, as a tool to not only solve international trade disputes but ultimately to ensure overall compliance with international obligations, has brought the multilateral trading system to its knees. This crisis has led the EU to modify its EU Enforcement Mechanism Regulation to impose countermeasures in case of appeals to the WTO Appellate Body while there is no quorum (called “appeals into the void”). This represents a formidable contribution to enhancing compliance under international law. Moreover, in this case, an external legal system, EU law, might contribute to ensuring that other WTO Members comply with the Agreements covered by the Dispute Settlement Understanding. The international legal system continues to operate in a decentralised manner, meaning that compliance could be created via synergies outside of the international legal framework, indirectly strengthening global governance.

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Synergies between WTO Law and EU Law and their Contributions to Global Governance: A Tale of Success

  • Francisco Hernández Fernández

摘要

Achieving global governance is a pending task for the international community and remains a challenge and an opportunity. Over centuries, the only legal formulation to manage the sovereign power of peoples and nations has been structured around the idea of the State. However, economic globalisation has brought into question some legal premises that traditionally have guided the international community. International organisations are intended to promote cooperation among nations and represent an incipient institutionalisation of the international community and the early signs of a still primitive international society with shared values. The World Trade Organization (WTO) is one of the rare examples of institutionalisation of the international community. Today, however, the blockade of the Appellate Body of the WTO, as a tool to not only solve international trade disputes but ultimately to ensure overall compliance with international obligations, has brought the multilateral trading system to its knees. This crisis has led the EU to modify its EU Enforcement Mechanism Regulation to impose countermeasures in case of appeals to the WTO Appellate Body while there is no quorum (called “appeals into the void”). This represents a formidable contribution to enhancing compliance under international law. Moreover, in this case, an external legal system, EU law, might contribute to ensuring that other WTO Members comply with the Agreements covered by the Dispute Settlement Understanding. The international legal system continues to operate in a decentralised manner, meaning that compliance could be created via synergies outside of the international legal framework, indirectly strengthening global governance.