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North-South Regional Trade Agreements as Legal Regimes

A Critical Assessment of the EU-SADC Economic Partnership Agreement

Clair Gammage

This book offers a critical reflection of the North-South regional trade agreements (RTAs), known as the Economic Partnership Agreements, negotiated between the EU and the African, Caribbean, and Pacific countries. Conceiving of regions as legal regimes, Clair Gammage highlights the challenges facing developing countries when negotiating RTAs with developed countries and interrogates the assumption that these agreements will and can promote sustainable development through trade.
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Table of cases

A Critical Assessment of the EU-SADC Economic Partnership Agreement

Clair Gammage

INTERNATIONAL COURT OF JUSTICE

 

Case concerning Gabĉíkovo-Nagymaros (Czechoslovakia v Hungary), Judgment of 25 September 1997 I.C.J. Reports 1997 129–33

Case concerning Pulp Mills on the River Uruguay (Argentina v Uruguay), Judgment of 20 April 2010 I.C.J. Reports 2010 132–3

WORLD TRADE ORGANIZATION APPELLATE BODY REPORTS

 

Argentina – Safeguard Measures on Imports of Footwear WT/DS121/AB/R (14 December 1999) 53, 63–5, 70, 248–9

Brazil – Measures Affecting Imports of Retreaded Tyres WT/DS332/AB/R (3 December 2007) 53, 65–6, 123

European Communities – Conditions for the Granting of Tariff Preferences to Developing Countries WT/DS246/AB/R (7 April 2004) 66–7

European Communities – Regime for the Importation, Sale and Distribution of Bananas WT/DS27/AB/R (25 September 1997) 7, 69, 71–2, 136, 148, 240, 256, 275–6

Mexico – Tax Measures on Soft Drinks and Other Beverages WT/DS308/AB/R (6 March 2006) 124

Turkey – Restrictions on Imports of Textile and Clothing Products WT/DS34/AB/R (22 October 1999) 58, 61–3, 66

United States – Definitive Safeguard Measures on Imports from Circular Wielded Carbon Quality Line Pipe from Korea WT/DS202/AB/R (15 February 2002) 63

United States – Import Prohibitions of Certain Shrimp and Shrimp Products WT/DS58/AB/R (12 October 1998) 123–7

United States – Measures Affecting the Cross-Border Supply of Gambling and Betting Services WT/DS285/AB/R/ (7 April 2005) 68, 128

WORLD TRADE ORGANISATION PANEL REPORTS

 

Brazil – Measures Affecting Imports of Retreaded Tyres WT/DS332/R (12 June 2007) 65

EC – Conditions for the Granting of Tariff Preferences to Developing Countries WT/DS246/R (1 December 2003) 66–7

Turkey – Restrictions on Imports of Textile and Clothing Products WT/DS34/R (31 May 1999) 58, 61–3, 66

United States – Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products WT DS381/R (15 September 2011) (Tuna/Dolphin III) 124–5, 128

GATT REPORTS

 

Canada – Measures Affecting Exports of Unprocessed Herring and Salmon GATT B.I.S.D. L/6268-35 S/98 (22 March 1988) 124

EEC – Member States’ Import Regimes for Bananas DS32/R (1993) (EEC – Bananas I)73

EEC – Member States’ Import Regime for Bananas DS38/R (1994) (EEC – Bananas II) 58, 74

Thailand – Restrictions on Importation of and Internal Taxes on Cigarettes GATT B.I.S.D DS10/R-37S/200 (7 November 1990) 124

United States – Restrictions on Imports of Tuna GATT B.I.S.D. 39S/155 (3 September 1991) (Tuna/Dolphin I)124

United States – Restrictions on Imports of Tuna 33 I.L.M 839 (1994) (Tuna/Dolphin II) 124

COURT OF JUSTICE OF THE EUROPEAN UNION

 

Case C-377/12, Commission v Council [2014] ECLI:EU:C:2014:1903 100

Joined Cases C-120/06P & C-121/06P, Fabbrica Italiana Accumulatori Motocarri Montecchio SpA v. Council (2008) E.C.R. I-6513 69

Case C-94/02, Éstablissements Biret et Cie SA v Council (2003) E.C.R. I-10565 69

Joined cases C-466/98, C-467/98, C-468/98, C-469/98, C-471/98, C472/98, C-475/98, C-476/98, Commission v United Kingdom, Denmark, Sweden, Finland, Belgium, Luxembourg, Austria, Germany (2002) I-09855 90

Case C-268/94, Portugal v Council [1996] ECR I-6219 and Opinion of Advocate General La Pergola, Case C-268/94, delivered on 23 May 1996 98

Case C-327/91, France v Commission ECR I-3641 and Opinion 2/94 ECHR Opinion (1996) ECR I-1759 83

Joined Cases 3/76, 4/76 and 6/76 Cornelius Kramer and Others [1976] ECR 1279 86

Case C-41/76, Suzanne Criel, née Donckerwolke and Henri Pchou v Procureur de la République au Tribunal de Grande Instance, Lille and Director of Customs [1976] ECR 1921 84

Case 22/70 Commission v Council (re European Road Transport Agreement) [1971] ECR 263

Case 45/86 Commission v Council (re GSP) [1987] ECR 1493 86

Opinions

Opinion 2/15, Request for an opinion submitted by the European Commission pursuant to Article 218(11) TFEU, OJ C363/22 (2015) 93

Opinion 2/13 of the Court of 18 December 2014: Accession by the Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms ECLI:EU:C:2014:2454 76

Opinion 1/2008 (re GATS Agreement) [2010] 2 CMLR 13 91

Opinion 2/94 (re Accession to the ECHR) [1996] ECR-I783 83, 89

Opinion 1/94 (WTO Agreements) [1994] ECR I-5267 87–8

Opinion 2/91 (re Convention No 170 ILO) [1993] ECR-I1061 89

Opinion 1/78, (re International Agreement on Natural Rubber) [1979] ECR 2871 84–5, 99

Opinion 1/76 (re Draft Agreement establishing a European laying-up fund for inland waterway vessels) [1977] ECR 741 87

Opinion 1/75 (re OECD Local Cost Standard) [1975] ECR 1355 84–5

‘It is the present where we get lost, if we forget the past and have no vision for the future.’

African Proverb