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Enforcing international law remains problematic: what happens if a sovereign state refuses to comply with its obligations, even after an international adjudicatory body has ruled in its disfavour? The solution offered under the World Trade Organization (WTO) system has been to authorize the...
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Recent case law suggests that the European courts are rethinking their position in respect of international law. On the one hand, the European Court of Justice (ECJ) is extending its case law on the WTO, denying 'direct effect' to all of its provisions, to other major international treaties,...
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