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INTERNATIONAL AND EUROPEAN TRADE LAW SELECTED DOCUMENTS
Third revised and extended Edition
herausgegeben von EUROPA-INSTITUT OF SAARLAND UNIVERSITYThe Europa-Institut, as the editor of this edition, is the second oldest institution of its
kind in Europe. More than 5.000 students from all over the world have been educated in the
fields of European and International Law at the Europa-Institut since its foundation in 1951.
Each year students from over 30 countries enrol in the one-year postgraduate master
programme “European and International Law” to study the legal, political, economic and
cultural foundations of the European Union. The programme is characterized by six modules
which provides students with greater freedom of choice with regard to the courses they wish
to attend and which also allows for a high degree of specialization. The six modules are
European Integration, European Economic Law, Foreign Trade and Investment, International
Dispute Resolution, International and European Protection of Human Rights and IT Law.
The programme can be completed entirely in English, entirely in German or through a
combination of the two languages and results in the attainment of the title “Master of
Laws (LL. M.)”.
We decided to assemble our own collection series combining key documents for each
respective field of the LL. M. programme after recognizing that existing collections do not
comply with the specific requirements necessary for the successful performance of our
students. In attempting to fill these gaps, we began with volume I covering the module
“International Dispute Resolution”, followed by volume II covering the module “European
Law”, volume III covering the module “International and European Trade Law”, volume IV
covering “Public International Law”, volume V covering “International Human Rights Law”
and volume VI covering “European Law” with a special focus on South Eastern Europe.
The specialization “Foreign Trade and Investment” familiarizes students with economic
globalization in the areas of trade, investment and capital transactions. The programme
focuses in particular on the interplay between law and economics – a relationship that is
becoming increasingly important in both international and European legal practice. We
offer courses that delve deeply into this relationship such as foreign trade law of the
European Union and its member states, substantive WTO law and the harmonization of
national and European trade laws. In addition, students have the possibility to take courses
on international economic and monetary policy as well as on international investment law.
Preface 5
The first edition of this volume focused on WTO law only. Since the second edition the
content was extended to the most important Regulations of the European Union in the field
of trade law, both the foundations in primary law and the most important Regulations in
the body of EU common commercial policy. This third edition maintains this close
relationship between international and European trade law, and contains the most recent
modifications and alterations of the relevant EU Regulations. Particularly with regard to the
anti-dumping and anti-subsidy rules, significant recent legislative amendments years have
been included. In addition, the Comitology Regulation and the new Investment Screening
Regulation now form part of this core compilation of legal texts. Finally, in 2017, the TRIPS
was amended and the Agreement on Trade Facilitation entered into force. These novelties
in WTO law have been included as well.
Therefore, the current volume “International and European Trade Law – Selected
Documents” is a comprehensive collection of documents on the law of the World Trade
Organization as well as the essential European Regulations relating to trade law and is
addressed not only to the students in our own LL. M. programme, but also to universities in
general, practitioners, policy-makers and international lawyers.
We thank Akad. Dir. Julia Legleitner LL. M. (programme director of the Europa-Institut),
Ass. iur. Christina Backes (managing editor), Pieter Van Vaerenbergh LL. M. and Yannik
Hausmann (text editors) and Uwe Loebens (art editor) who have made this book possible
by designing the layout, formatting and proofreading the texts.
All documents are presented in their official (consolidated) version whenever possible.
We acknowledge with thanks the permission granted by the World Trade Organization to
reproduce their materials. For EU legislation, materials have been taken from the online
EUR-Lex website. According to Article 1(2) of the Council Regulation (EU) No 216/2013 only
the Official Journal published in electronic form shall be authentic and shall produce legal
effects.
kind in Europe. More than 5.000 students from all over the world have been educated in the
fields of European and International Law at the Europa-Institut since its foundation in 1951.
Each year students from over 30 countries enrol in the one-year postgraduate master
programme “European and International Law” to study the legal, political, economic and
cultural foundations of the European Union. The programme is characterized by six modules
which provides students with greater freedom of choice with regard to the courses they wish
to attend and which also allows for a high degree of specialization. The six modules are
European Integration, European Economic Law, Foreign Trade and Investment, International
Dispute Resolution, International and European Protection of Human Rights and IT Law.
The programme can be completed entirely in English, entirely in German or through a
combination of the two languages and results in the attainment of the title “Master of
Laws (LL. M.)”.
We decided to assemble our own collection series combining key documents for each
respective field of the LL. M. programme after recognizing that existing collections do not
comply with the specific requirements necessary for the successful performance of our
students. In attempting to fill these gaps, we began with volume I covering the module
“International Dispute Resolution”, followed by volume II covering the module “European
Law”, volume III covering the module “International and European Trade Law”, volume IV
covering “Public International Law”, volume V covering “International Human Rights Law”
and volume VI covering “European Law” with a special focus on South Eastern Europe.
The specialization “Foreign Trade and Investment” familiarizes students with economic
globalization in the areas of trade, investment and capital transactions. The programme
focuses in particular on the interplay between law and economics – a relationship that is
becoming increasingly important in both international and European legal practice. We
offer courses that delve deeply into this relationship such as foreign trade law of the
European Union and its member states, substantive WTO law and the harmonization of
national and European trade laws. In addition, students have the possibility to take courses
on international economic and monetary policy as well as on international investment law.
Preface 5
The first edition of this volume focused on WTO law only. Since the second edition the
content was extended to the most important Regulations of the European Union in the field
of trade law, both the foundations in primary law and the most important Regulations in
the body of EU common commercial policy. This third edition maintains this close
relationship between international and European trade law, and contains the most recent
modifications and alterations of the relevant EU Regulations. Particularly with regard to the
anti-dumping and anti-subsidy rules, significant recent legislative amendments years have
been included. In addition, the Comitology Regulation and the new Investment Screening
Regulation now form part of this core compilation of legal texts. Finally, in 2017, the TRIPS
was amended and the Agreement on Trade Facilitation entered into force. These novelties
in WTO law have been included as well.
Therefore, the current volume “International and European Trade Law – Selected
Documents” is a comprehensive collection of documents on the law of the World Trade
Organization as well as the essential European Regulations relating to trade law and is
addressed not only to the students in our own LL. M. programme, but also to universities in
general, practitioners, policy-makers and international lawyers.
We thank Akad. Dir. Julia Legleitner LL. M. (programme director of the Europa-Institut),
Ass. iur. Christina Backes (managing editor), Pieter Van Vaerenbergh LL. M. and Yannik
Hausmann (text editors) and Uwe Loebens (art editor) who have made this book possible
by designing the layout, formatting and proofreading the texts.
All documents are presented in their official (consolidated) version whenever possible.
We acknowledge with thanks the permission granted by the World Trade Organization to
reproduce their materials. For EU legislation, materials have been taken from the online
EUR-Lex website. According to Article 1(2) of the Council Regulation (EU) No 216/2013 only
the Official Journal published in electronic form shall be authentic and shall produce legal
effects.