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Title: A critical analysis of the legal relationship between the EC and the WTO in the area of agriculture
Author: O'Neill, Maria
Awarding Body: University of Edinburgh
Current Institution: University of Edinburgh
Date of Award: 2005
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The WTO’s Agreement on Agriculture does not exist in isolation, but interacts with many of the balance of the Annex IA agreements, which are attached to the Agreement Establishing the WTO. In addition the General Agreement on Trade in Services (GATS) and the agreement on Trade Related aspects of Intellectual Property Rights (TRIPs) both have their part to play in the global trade of agricultural commodities. The provisions of these agreements and their associated dispute settlement rulings are having an increasingly profound impact on the EC’s common Agricultural Policy, and its allied policy areas, such as the Common Customs Policy, its Generalised System of Preferences, and its Development Policy relationships, in particular with the Afro-Caribbean-Pacific countries. The nexus between these two evolving legal jurisdictions is mediated through the EC’s Common Commercial Policy, with this relationship having been subject of its own line of jurisprudence at the ECJ. Each of these factors in the dynamic between these two levels of governance on the legal framework dealing with agriculture are examined in turn. The reaction of the EC to this external force, with the adoption of the concept of the multifunctionality of EC agriculture, which has been added to an equally legally challenging concept of sustainability, has resulted in the development of Pillar II of the CAP, which presages the emergence of a new EC Rural Policy. A number of the emerging ideas from within the EC which might be applied to such a new EC Rural Policy are also examined. The thesis has as its focus agricultural commodities generally, which are the subject matter of the WTO Agreement on Agriculture, (therein classified as HS 1-24), less fish and fish products), but where the thesis does focus on specific commodities, these are agricultural commodities of the temperate regions of the EC.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available